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CITY OF DOVER PLANNING COMMISSION AGENDA Monday, May 20, 2019 – 7:00 P.M. City Hall, City Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA ADOPTION OF MINUTES OF MEETING of April 15, 2019 COMMUNICATIONS & REPORTS 1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY, June 17, 2019 at 7:00pm in the City Council Chambers. 2) Update on City Council Actions 3) Department of Planning & Inspections Updates a. Legal Matters b. Education and Training Opportunities OPENING REMARKS CONCERNING MEETING PROCEDURES OLD BUSINESS 1) Request for Extensions of Planning Commission Approval: None 2) Re-evaluation Review of Conditional Use: a. C-17-04 House of Pride Offices at 45 South New Street – Re-evaluation Review including Public Hearing for a Conditional Use Permit to convert an existing one-family dwelling structure into a philanthropic use as the administrative facility (offices) for House of Pride. The application was reviewed by the Planning Commission on August 21, 2017 with approval of the use conditioned upon a one-year review among other conditions; the one-year review was completed on October 15, 2018 with continued approval subject to a six-month review. The property consists of a 9,090 SF +/- parcel. The property is zoned RG-1 (General Residence Zone). The property is located on the east side of South New Street, north of Reed Street, and south of Division Street. The owner of record is House of Pride, Inc. Property Address: 45 South New Street. Tax Parcel: ED-05-077.05-03-05.00-000. Council District: 4. NEW APPLICATIONS 1) Z-19-05 Lands of Harman Oil, Inc. at 53 N. West Street and 517 W. Division Street – Public Hearing and Review for Recommendation to City Council for a rezoning application for two parcels of land consisting of 0.20 acres (8,512 SF +/-) and 0.35 acres (15,278 SF +/-). The properties are zoned C-1A (Limited Commercial Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). The properties are located on the northeast corner of the intersection of North West Street and West Division Street. The owner of record is Harman Oil, Inc. Property Addresses: 53 N. West Street and 517 W. Division Street. Tax Parcels:

City of Dover Planning Commission Agenda Public Hearing: May 20, 2019 Page 2 of 2 ED-05-076.08-04-02.00-000 and ED-05-076.08-04-01.00-000. Council District 4. Ordinance #2019-11. 2) Z-19-06 Lands of AID in Dover, Inc. at 731 and 801 W. Division Street – Public Hearing and Review for Recommendation to City Council for a rezoning application for two parcels of land consisting of 11,350 SF+/- and 8,400 SF +/-. The properties are zoned C-2A (Limited Central Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is IO (Institutional and Office Zone) subject to the COZ-1 (Corridor Overlay Zone). The properties are located on the north side of West Division Street and east of but not adjacent to Weston Drive. The owner of record is AID in Dover, Inc. and the equitable owner is Central Delaware Housing Collaborative. Property Addresses: 731 and 801 W. Division Street. Tax Parcels: ED- 05-076.08-01-34.00-000 and ED-05-076.08-01-32.00-000. Council District 4. Ordinance #2019-12. 3) C-19-01 Lands of Kent Del Properties, LLC: Apartments at 589 North DuPont Highway – Public Hearing and Review of a Conditional Use Application to permit the rear building on the property to be converted into apartments to contain two (2) dwelling units. The subject property consists of 0.32 +/- acres (12,900 SF) located on the northeast side of North DuPont Highway (US Rt. 13) north of Townsend Boulevard. The property is zoned C-4 (Highway Commercial) and subject to the SWPOZ (Source Water Protection Overlay Zone): Tier 3 – Excellent Recharge Area. The owner of record is Kent Del Properties, LLC. Property Address: 589 North DuPont Highway. Tax Parcel: ED-05-068.09-01-25.00-000. Council District 3. 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: May 10, 2019

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 The Regular Meeting of the City of Dover Planning Commission was held on Monday, April 15, 2019 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding. Members present were Mr. Adams, Ms. Edwards, Mr. Baldwin, Dr. Jones, Ms. Maucher and Mr. Tolbert. Mr. Roach, Mr. Holt and Mrs. Welsh were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, and Mrs. Kristen Mullaney. APPROVAL OF AGENDA Ms. Edwards moved to approve the agenda as submitted, seconded by Mr. Baldwin and the motion was unanimously carried 6-0 with Mr. Roach, Mr. Holt and Mrs. Welsh absent. Mrs. Melson-Williams stated that 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 this evening. It will be rescheduled to a future meeting of the Planning Commission and there will be new public notice given for that new meeting date. They did not adequately complete the public notice in order to have that hearing at this meeting. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF MARCH 18, 2019 Ms. Maucher moved to approve the Planning Commission Meeting minutes of March 18, 2019, seconded by Mr. Baldwin and the motion was unanimously carried 6-0 with Mr. Roach, Mr. Holt and Mrs. Welsh absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, May 20, 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 March 25 & 26, 2019 and April 8 and 9, 2019. Mrs. Melson-Williams stated there is another course offered from the University of Delaware Institute for Public Administration. This training is titled “Introduction to Real Estate Development for Local Government Officials.” It is to be held on Friday, May 3, 2019 from 9am-noon in Dover. If the Commissioners are interested in attending this training, please reach out to Staff to get registered. 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: None 1

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 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. Representatives: Mr. JC Dodd, Becker Morgan Group, Mr. Henry Huizinger, Kraft Foods Group Inc Mrs. Melson-Williams stated that this application is a request for a Minor Subdivision which is division of a property into more than the number of existing lots that it has but does not involve the creation of things such as new roadways. This Minor Subdivision Application is for Kraft Foods Group Inc for their property that is located at 1250 West North Street. The entire site area is just over 105 acres of land and they are seeking to create what is Lot 1 that is just over sixteen acres of land and the residual holdings of just over 89 acres. The area is zoned IPM (Industrial Park Manufacturing Zone) and as such, both of the lots being created must meet the Bulk Standards of the IPM (Industrial Park Manufacturing Zone). In this case, those standards are appropriate for conventional individual lot development; this is not an industrial park setting. This property is located at the intersection of West North Street and the POW/MIA Parkway which now forms the eastern boundary of this property. In looking at the Bulk Standards of the IPM (Industrial Park Manufacturing Zone), both lots being created do meet those. The report from Planning Staff did have to clarify how they approached the bulk standard of height in this case. The existing manufacturing facility has multiple heights to its building. She is sure that most of you are aware of the very visible tower with their name on it. The Zoning Ordinance was not as clear about how to determine height when you have a building that has multiple sections of varying heights. That is important because the height in the IPM (Industrial Park Manufacturing Zone) is limited by the distance to the property line. With them striking a proposed new property line, they have to look for compliance with height. Staff, in evaluating the Code, has determined that the building height is limited by the distance of that specific building element or section of the building to the property line. The closest thing to the new property line ends up being 84 feet from that property line; however, it is much less than that in height. The tallest element, the tower, is well over the necessary distance to be that tall from the new property line. Other information included on the plan that they made reference to is that some additional details will be ultimately needed related to things like parking. There is not a requirement for sidewalks or pathways to be constructed with this type of application. The site actually does include a multi-use path along West North Street and part of a path system along the Parkway as well. The property does have a small section that is impacted by the 100-year flood plain and some wetland areas. These are in the southwestern portion of the property. It would be the lower right corner of the property on the screen. The new Lot 1 is nowhere near those areas so they don’t have to worry about the provisions that limit development in those areas. 2

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 The DAC Report mentions some minor things to make corrections to the plan sheet itself. Staff notes that the Minor Subdivision Plan does create a new parcel and the existing residual do comply with the Land Subdivision Regulations. They do have comments from the members of the DAC, including the Public Works Office, Electric Department, the City’s Fire Marshal’s Office, Kent Conservation and DelDOT. For the most part, those comments are more advisory in nature and they relate to if development activity was proposed on specifically Lot 1 or any kind of expansions on the Residual Lot. Ms. Edwards stated that the only thing she could not find in the Report was the purpose of the Subdivision. Responding to Ms. Edwards, Mrs. Melson-Williams stated that the applicant may be better to answer that question. Just from a plan of an existing parcel, the area that they are proposing to create as Lot 1 is currently the undeveloped portion of the site. It may be a future opportunity for them or another entity. Mr. Dodd stated that they do plan to meet all of the conditions of the DAC Report. They are planning to proceed forward and reach out to the other agencies and meet all conditions stated in the DAC Report. Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Adams questioned if they were no plans currently for the sale or development of this site? Is this just simply a subdivision of the property? Responding to Mr. Adams, Mr. Huizinger stated that is correct. It gives those options that were just discussed: sale, lease or other options. Mr. Adams moved to approve SB-19-01 Minor Subdivision Plan: Lands of Kraft Foods Group Inc. at 1250 W. North Street, seconded by Ms. Edwards and the motion was carried 6-0 with Mr. Roach, Mr. Holt and Mrs. Welsh absent. Mr. Adams voting yes. Ms. Edwards voting yes. Mr. Baldwin voting yes. Dr. Jones voting yes. Ms. Maucher voting yes. Mr. Tolbert voting yes. 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 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. Representatives: Mr. K. James Taylor, Jr., Duffield Associates Mr. Swierczek stated that this application is a review of a Site Development Plan to permit construction of a one story 8,050 square foot retail building and accompanying site 3

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 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). For this application, the applicant has also submitted architecture information for the building in the forms of one elevation drawing and one rendering that was included in the packet. The retail facility is one story, topped by a flat roof. The front (west) elevation seems to indicate the capacity for up to six retail spaces each with their own entrance. The side or northern and southern wall elevations do not contain any windows, doors or similar features but are left blank. The Site Plan also shows a total of twelve trees proposed, whereas, fourteen are required. 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. Planning Staff has noted its concern about the site layout and the potential implications on design related to the Arterial Street Buffer, fire protection requirements and stormwater management compliance. It should be noted that there is a previous application for this site dated March 2008 when the Planning Commission granted conditional approval for a Site Development Plan for construction of an office building. The plan never achieved Final Plan Approval and has since expired. For the application submitted tonight, the applicant submitted a letter describing the request for three waivers. The first is a waiver from Article 5, Section 7.33 for the Arterial Street Buffer requirements. They are asking that they be permitted zero feet along South DuPont Highway, whereas, Code requires a minimum of a thirty foot Arterial Street Buffer. The second waiver requested by the applicant is to establish no loading berth on the site where in Article 6, Section 4.24 requires that a retail building over 8,000 square feet requires a minimum of one 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. As to the Arterial Street Buffer, Planning Staff recommends that the Planning Commission consider a partial waiver from the requirements of the Arterial Street Buffer. Staff believes that 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 they are providing thirty-two parking spaces which is five more than the required twenty-seven. 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 South DuPont Highway. The expansion of existing proposed islands or additional islands with trees and plantings will help to fill the requirements of the Arterial Street Buffer. Staff does also note that neighboring properties have limited buffer areas on their properties and likely rely on the grass area within the right-of-way. With regards to the loading berth waiver request, Staff recommends approval of this request to eliminate the loading space requirements for the retail building. The proposed square footage is just fifty square feet over the minimum requirement to provide a loading berth and Staff concurs that the rear parking area would be sufficient for loading activities. Large vehicles; tractor trailers and the like would not be anticipated to need access for delivery of goods to the site. Finally, in relation to the waiver request from the fencing component of the Opaque Barrier requirements, Staff recommends approval of the request to eliminate the fence component. Staff concurs with assessment of the applicant in that landscaping would be a desirable alternative for the segment on the rear property line. Related to architectural characteristics of the proposed building, Staff has recommended that the southern and the northern elevations include some of 4

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 the architectural features of the front or western elevation which is on the screen now. The inclusion of some vertical elements or horizontal features including 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. Just as a note to the Planning Commission, they should act upon the request for the waivers as part of any motion regarding this project application or as a separate motion as necessary. Dr. Jones questioned why is it unlikely that large trucks are likely to access the loading area? Does that have something to do with the nature of the retail areas? Responding to Dr. Jones, Mr. Swierczek stated that from their view, this type of retail facility and the type of spaces that they seem to indicate generally don’t require large scale semi-trucks to deliver goods to the site. They wouldn’t see that as being a necessity. Dr. Jones stated that she is interested in hearing the applicant’s response to that question if it is something different. Responding to Dr. Jones, Mr. Taylor stated that this site is so small; it’s only about an acre in size. A tractor trailer would not be able to access this site and be able to turn around no matter what it did. Mr. Swierczek is correct in the fact that the plan would be for smaller box trucks; FedEx or UPS vehicles would be able to access the site and be able to maneuver around the front of the building to the rear where there is about thirty-two foot drive aisle along the rear of the building. There is plenty of space for a truck to park there and the intention is that the parking spaces at the rear of the building would be intended for the employees of the stores. That way if a truck does pull in, they are not impacting customers. The loading space itself would be harder to define the more that they got into it. Mr. Adams stated that what appears to him is that access to the property would be shared with 84 Lumber; an existing point of ingress and egress off of the highway. Responding to Mr. Adams, Mr. Taylor stated that is correct. Mr. Adams stated that when visitors to this site come in and deliveries as well, there is no ability for them to travel down the right side of the property. They would have to come across the front, loop around and then come to the back. Responding to Mr. Adams, Mr. Taylor stated that is correct. The existing access easement on the site is really only that front 30-40 feet. It is identified on Sheet C201. There is a dashed line that identifies where that access easement is. There is no way for them to be able to traverse the property of 84 Lumber to go to the rear of the property to access what was set up in the past. Mr. Adams questioned if Planning Staff is recommending that they want both sides of the building to be broken up from the horizontal siding that runs front to back? Responding to Mr. Adams, Mr. Swierczek stated yes, they noticed that there were a lot of vertical elements on the front or western elevation that were not included on the northern or southern ones. They think that those sides are visible enough from South DuPont Highway to warrant bringing in more of those architectural features on the sides. Mr. Taylor stated that after the DAC Meeting, he had a discussion with the owner. Right now, they are very early on in the architectural stage but the owner does plan on adding some brick to 5

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 the back and accentuating that one wall so it’s not continuous. He also mentioned potentially adding windows to both the south side and the north side which would help with that. He believes that is one of the comments that Planning Staff mentioned. Ms. Edwards stated that she is curious as to applicant’s response to the partial waiver request for the Arterial Street Buffer. Responding to Ms. Edwards, Mr. Taylor stated if they take a look at the common properties in this area: 84 Lumber and the auto repair place to the north, all of those properties pretty much have their parking pretty much right up against the property line. Based upon how this site is set up with the access in that was pretty much already established. There is no way to really push things back in order to keep the parking at the front and also have the Arterial Street Buffer. If they were to remove parking from the front, they would basically be forcing people to park in the back which isn’t really ideal. He understands Planning Staff’s concerns about having green space but if you reference the letter that was submitted to Planning Staff, from the arterial street to the property line is approximately thirty-nine foot from the edge of the travel lane into the property. If you look at the requirements of how the waiver can be requested, one is that there is plenty of green space between the road itself and the property line. Ms. Edwards stated in reference to Planning Staff’s recommendation to remove some of the parking spots to create some additional green space, what are your thoughts on that? Responding to Ms. Edwards, Mr. Taylor stated that they would like to not. On this, with the loading taking place at the rear of the building and because the access point is really restricted to where they are at, having the trucks go around the rear he thinks it could cause more issues by having additional parking for your normal people at the rear of the property versus in the front. Ms. Maucher questioned what this property backs up to? Responding to Ms. Maucher, Mr. Taylor stated that it backs up to the neighborhood at the rear. There is a day care on one of the parcels but it’s adjacent to where Century Engineering is putting their new office park. Ms. Maucher questioned if the applicant didn’t believe that fencing was necessary? Responding to Ms. Maucher, Mr. Taylor stated that the actual linear footage of where the property backs up to the residential is only about twenty feet and there is a fence on the property line on the day care currently. What they would like to do instead of providing a fence that might look a little awkward with just twenty foot of fence would be to enhance landscape screening in that area. They discussed in the DAC Meeting that they would be more than willing to provide that screen. As Mr. Swierczek mentioned, they are three trees short right now which they will go with the number of trees to make sure that it is property screened especially with the day care. They understand the safety and all of that involved. Mr. Taylor stated that they can always work cooperatively with Staff. He very much appreciates the City’s Planning Department and they will absolutely work with them as well as the other members of DAC to make sure we have an approved plan. He did want to comment on three items that Mr. Swierczek mentioned. First one is regarding stormwater control. As he is sure the Commission is aware, the State has some pretty high stormwater requirements and they would not be able to develop on this site without meeting those requirements. They met with the Kent Conservation District a couple weeks ago and discussed some options of how they can make this work. They are pretty confident that they can make this site work as needed to meet the State’s 6

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 stormwater management regulations. The second one was fire protection standards. During the DAC Meeting it was brought up that there were a couple of things that they needed to do to meet the fire protection standards and they have no problem meeting them. If there are a couple of tweaks that need to be done to the plan, they will make sure that those are appropriately performed. The third one was the Arterial Street Buffer. If need be, they are definitely some places where they can add an island to provide green space specifically where there is a fire hydrant along the frontage of South DuPont Highway which would work as one of two things. It would protect the fire hydrant but it would also provide that green space. As he mentioned, with the properties to the north and south it kind of fits in the area of what is going on. 84 Lumber has been developed for many years now as well as the auto repair shop to the north. They are kind of infilling and to put an additional buffer on the property could potentially hurt this property from being developed. Mr. Adams stated that as it relates to the second waiver request, particularly the Arterial Street Buffer, he is having a hard time reconciling. As he looks at the plan, the patrons of this proposed retail shop would only be able to access the retail from the front of the building. To the extent that in order to meet the Arterial Street Buffer, they are forcing individuals to park around back. They are making a recommendation as Planning Staff to eliminate spaces in the front and force parking to the rear where those people would then in turn have to walk around to the front of the retail place just to get in and out. Particularly also coupled with the fact that they are pushing the deliveries to the rear of the property as well where he would think that they would want to avoid the delivery vehicles and as many patrons as possible. Responding to Mr. Adams, Mr. Swierczek stated that the main reason that they were suggesting that some of the parking spaces at the front be perhaps utilized towards landscaping was primarily just from the overview that they are at thirty-two parking spaces; whereas, Code requires twenty-seven. Obviously, the front of the building being where the Arterial Street Buffer is located, that would be the only logical place where there could be any kind of compromise. They do recognize that it might force potential customers to park at the rear; however, that is something that Staff is willing to work with the applicant with and that they do leave up to the Commission’s discretion. It was only just to find some level of compromise between the thirty feet required and the zero feet provided right now for the buffer. Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Adams moved to approve S-19-07 Retail Facility at 515 South DuPont Highway with the inclusion of the three waivers that were requested: the waiver request for the elimination of loading spaces; the waiver request for the Arterial Street Buffer and the waiver request for the fencing component of the Opaque Barrier. He notes that Waiver Requests 1 and 3 were fully approved by Planning Staff. He would submit that the Commissioners all heard him as it relates to the second waiver where he believes that for issues of public safety, it makes more sense to leave those parking spaces at the front of the property rather than the Arterial Street Buffer, seconded by Ms. Edwards and the motion was carried 6-0 with Mr. Roach, Mr. Holt and Mrs. Welsh absent. Mr. Adams voting yes. Ms. Edwards voting yes. Mr. Baldwin voting yes. Dr. Jones voting yes. Ms. Maucher voting yes. Mr. Tolbert voting yes. 7

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 NEW BUSINESS 1) Project for Dover’s 2019 Comprehensive Plan a. Update on Project Activities Mrs. Melson-Williams stated that included in the packet is the April Report Update which is a document that Staff submitted to the Dover City Council Committee of the Whole. The first key thing is that they did receive an extension of the project due date. If you remember our current plan, the 2008 Comprehensive Plan was certified through February 9, 2019. Back in the Fall they submitted a request for extension and that was formally approved by the Cabinet Committee on State Planning at their March meeting. In doing so, that extends their revised due date to February 2020 but they will be done by then. The project team continues to meet weekly. They have ongoing meetings with various City and other agencies as they refine information and write text. They have fairly good text of the main chapters of the document at this point. The key thing that they included in the packet was what they have deemed Preliminary Draft 2A which is the Goals and Recommendations section of the Comprehensive Plan. They released back in the Fall an early draft of those Goals and Recommendations but they have been through them much more thoroughly at the Staff level. They are hoping that this is pretty much going to be it for that section and they can move forward with things. Draft 2A was included in the packet tonight but it is also up on the City’s website. They do have a Comprehensive Plan 2019 Project website where you can find the latest and greatest information. They encourage everyone to take a look at the website. Their current activities really focus on chapter writing. They are really working to look to the other chapters of the plan and make significant progress on them. They have had their outreach meetings with all of the jurisdictions except for one and that one with the Town of Wyoming is scheduled for Monday of next week. Tonight, she wants to give the Planning Commission a chance to share their thoughts on these Goals and Recommendations. If there is something that the Commission thinks Staff missed or something that they don’t understand; they want to hear that. Staff has read these and has been immersed in them for so long it’s starting to all run together. They have to push through and complete the draft of the entire document as well as the series of maps. Every chapter has a series of maps that go along with it. There have been Preliminary Maps issued for two of the key things: the Land Development Plan Map and the Annexation Plan, both of which they continue to look at and refine as they see things. Once they have a Draft, there will need to be some kind of general endorsement of that Draft so that they can submit that for formal review with the State for PLUS review process. Then there will be a formal public hearing review process both with the Planning Commission and City Council to ultimately act upon the new document. Dr. Jones stated that she raised some concerns about the improvement and the availability of entertainment in Dover City as our population grows. Responding to Dr. Jones, Mrs. Melson- Williams stated that in the Economic Development Section is where she was able to point out a couple of things to Dr. Jones. In the Economic Development Goals and Recommendations, there are two things that kind of go towards that idea of entertainment and there may be others that are 8

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 sprinkled through these goals as well. One of them specifically is Goal #6 which is “pursue economic development linked to active recreation.” Here is where it mentions recreational pursuits and also includes in that the concept of travel and tourism. Also in Goal #3 is the goal to “promote the revitalization and redevelopment of the center city.” In Recommendation #9, it does mention an idea to create an arts co-op or arts and entertainment designation for the Downtown area to then focus on perhaps recruiting artists who live and work in that area. Some of Dr. Jones’ concerns were much more on a broader level of opportunity for entertainment of various types throughout the City. She thinks that certainly some of the other chapters related to natural resources get to activity of parks and trails. The library is discussed under the Community Services functions. They certainly have a wealth of programing as does the City’s Parks and Recreation Department as well. Dr. Jones questioned Recommendation 9 – Obtain effective contributions to the park system from the private sector. The first bullet states “evaluate the process and responsibilities for maintaining active recreation areas and common open space within residential developments.” At what point in time does a vacant lot or several vacant lots in a development become open space or does it ever become open space? The concern is that in the case when a developer is no longer developing and the builder is no longer building, there are vacant lots that are serving no purpose except to house building material and overgrowth. Responding to Dr. Jones, Mrs. Melson-Williams stated that Recommendation #9 that deals with obtaining effective contributions to the park system from the private sector is related to the active recreation area requirement that we have for residential properties. Over the years, we have run into difficulties in long term management of what are designated active recreation areas or common open space. Typically, they are left to the HOA which may or may not function well to maintain the areas. Years ago, a number of the smaller parks were actually dedicated to the City and that’s how we have pocket parks scattered everywhere for the City to take care of. The City typically doesn’t take dedication of open space in that manner quite like that anymore. The other related comment is regarding vacant lots. These are probably lots that are as part of the Subdivision Plan are proposed to have a house on them but for one reason or another do not as of yet. Dealing with a vacant lot becomes perhaps a Property Maintenance issue for Code Enforcement. In the meantime, if it was cared for properly, you might get that kind of pickup use for some type of recreational purpose if the grass is mowed to the correct height and it doesn’t have stuff left on it. It’s about what do you do with the recreation areas that are purposely planned to be recreation areas, how do you maintain them in the long term and then the intermediate step of perhaps vacant lots that maybe they have a different life until they gain a house. Dr. Jones stated that in this Recommendation, is there consideration when a developer comes in and/or builder who purposes the active recreation area and something changes and a new set of people come in and there is no recreation area because of whatever the reason may be. Is there consideration to have the new developer contribute to the Parkland Reserve Fund? Responding to Dr. Jones, Mrs. Melson-Williams stated that is certainly an option if a subdivision has the first plan for active recreation and over time that subdivision goes to a different builder and the new builder/developer has a different idea for active recreation; it would certainly have to come back through a review process to look at a new plan. They have had that happen in a couple of instances where the original development may have been focused on a mix of more family style units, so they plan for a playground and then years later the development is more senior targeted. 9

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 They have had projects come back and then redesign their active recreation area to potentially fit their new market. In doing that redesign of an active recreation area, there is certainly the option of building a different type of active recreation or going the route of payment in lieu of construction. With active recreation areas, they are supposed to keep pace with the number of units that are in that subdivision. The typical requirement is 275 SF of active recreation per dwelling unit. As they build units, they are supposed to be making those active recreation area improvements. Ultimately, before Staff can release the last 20% of the permits for a particular subdivision, all of the active recreation area has to be in place. She can think of at least one instance where the subdivision is probably one or two lots away from that percentage and they are at a standstill. The vacant lots sit because they chose to not move forward with any type of construction for one reason or another. Dr. Jones questioned if the City has any leverage over a builder in a situation where the active recreation area component has not been fulfilled? Responding to Dr. Jones, Mrs. Melson- Williams stated that as long as they have done some in a pace to equal the number of residential lots that they have done, they don’t have much other than turning to Code Enforcement for property maintenance scenarios of if they are keeping the grass cut in those areas or is there debris that needs to be cleaned up. That is about the only leverage that the City has. If they have a subdivision of 100 lots and they have built 79 of them and they are going to let the last 20 lots sit, there is nothing that the City can do to force them to finish the active recreation area and get started on the last 20 lots. Mr. Adams questioned if they have seen other jurisdictions where perhaps developers or Planning Departments require developers to post asurity or some bond as it relates to their obligation to fulfill that active recreation? Perhaps that’s something that has been considered or might be considered. Responding to Mr. Adams, Mrs. Melson-Williams stated that they do not have that for active recreation elements. They do have bonding or letter of credit type things related to infrastructure completion and that has focused on things such as the roadway, the water lines and the sewer lines. Ultimately, those types of infrastructure items are dedicated and are required to be dedicated to the City. So if you are building a house and a street and you only have topcoat and the water and sewer lines are there but the road isn’t totally constructed yet, there is a letter of credit bonding process in order for you to get a Certificate of Occupancy on that house that happens to be on the street that is not quite finished. That is something in the Public Works realm. They have had to call the bond/call the letter of credit in order to complete some of that infrastructure in a number of subdivisions because it was left unfinished for an inappropriate period of time. Mr. Adams questioned if we have seen a number of instances in the City where developers are not fulfilling their obligations as it relates to community recreation requirements or no? Responding to Mr. Adams, Mrs. Melson-Williams stated that more of the difficulty that they have seen is what happens after the developer is gone and the common space areas have been turned over to a maintenance organization or HOA to maintain in the long term. That is where they have had a lot more difficulties in dealing with groups or organizations that have been assigned that task but don’t have the capacity to fulfill that task. There have been some changes to our Code related to HOA’s to deal with instances where that happens where the City has the 10

CITY OF DOVER PLANNING COMMISSION APRIL 15, 2019 ability to come in, make the improvements and then charge those costs back to the parcels involved meaning residential properties in that area. Mrs. Melson-Williams stated that if anyone thinks of any other questions please reach out to Staff. Mr. Hugg stated for the Commission to please continue to read the materials as they come out and Staff appreciates the comments. Some of this may become a little clearer to the Commission when you see the text which provides the content for the Goals and Recommendations. Meeting adjourned at 8:05 PM. Sincerely, Kristen Mullaney Secretary 11

The Institute for Public Administration presents Creating a Flood Ready Community COURSE INSTRUCTOR COURSE INSTRUCTOR COURSE INSTRUCTOR Kelly Valencik Danielle swallow Michael powell Coastal Training Program Coordinator Coastal Hazards Specialist Environmental Scientist Department of Natural Resources and University of Delaware Sea Grant DNREC Environmental Control (DNREC) COURSE INSTRUCTOR COURSE INSTRUCTOR Gina Tonn david warga Senior Water Resources Engineer Environmental Scientist DNREC DNREC May 17, 2019 In partnership with DNREC, our Flood Ready Communities course reviews the multiple sources of flood risks to Delaware communities that can be addressed and 9:00 a.m. to NOON Check-in begins at 8:30 a.m. mitigated. The course covers basic risk and hazard concepts, FEMA mapping, the Delaware flood insurance program, tools and strategies to prevent these hazards in a cost-effective manner, and recommended strategies St. Jones Reserve for reducing exposure. Examples will include: 818 Kitts Hummock Rd, Dover, DE 19901 • New Castle County’s recent mitigation efforts $55 Registration Fee • A new best practices report for coastal Sussex County communities Includes refreshments Registration Deadline • DNREC’s statewide flood planning tool May 16, 2019 This session qualifies for certificate credit in the Academy for Excellence in Local Government Leadership, and the Register online Delaware Planning Education Program. www.bidenschool.udel.edu/ ipa/events/upcoming

City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF August 9, 2017 PLANNING COMMISSION MEETING OF August 21, 2017 Plan Title: House of Pride Offices Plan Type: Conditional Use Plan Property Location: On the east side of South New Street north of Reed Street Property Address: 45 South New Street Owner/Applicant: House of Pride Inc. Tax Parcel: ED-05-077.05-03-05.00-000 Present Zoning: RG-1 (General Residence Zone) Site Area: 0.21 ac. +/- (9,090 SF) Prior Use: Residential structure Proposed Use: Offices Building Area: N/A Off Street Parking: Existing – 2 spaces 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: August 9, 2017 APPLICATION: House of Pride Offices at 45 South New Street FILE #: C-17-04 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Eddie Diaz, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY Application for Conditional Use Review to convert an existing one-family dwelling structure into a philanthropic use as the administrative facility (offices) for House of Pride. The property consists of a 9,090 SF +/- parcel. The property is zoned RG-1 (General Residence Zone). The property is located on the east side of South New Street, north of Reed Street, and south of Division Street. The owner of record is House of Pride, Inc. Property Address: 45 South New Street. Tax Parcel: ED-05-077.05-03-05.00-000. Council District: 4. II. PROJECT DESCRIPTION The applicant proposes to use the existing structure at 45 South New Street as administrative offices for the House of Pride. At present, it appears no changes to the site or the building are proposed as part of the new use. However, changes to both may be required in order to bring the proposed use into compliance with the Zoning Ordinance and applicable building and fire codes. The use itself is a Conditional Use and must be approved by the Planning Commission in order to be instated. The applicant gave the following written description of the activities to take place on the property: “Our former office was sold to the City of Dover and was demolished in 2015. Business for the House of Pride was being conducted out of three different homes. We would like for the business to be conducted from an office. This type of business may include working with all types of addictions, collecting rent, work referrals, paying City of Dover utility and tax bills, Chesapeake, IRS, Insurance, holding group sessions, writing reports, conducting community service, clothing the needy, feeding families and the homeless with USDA and local restaurants contributions like KFC, Safeway, and WAWA.” The applicant also informed Planning Staff that the intended hours of operation of the property would be 8am to 5pm on weekdays, and 8am to 1:30pm on Saturdays. The planned occupancy of the building at any one time would be in the range of four to six people. The lot currently includes a two-story detached house, a driveway, and a fenced “park area” in

C-17-04 House of Pride Offices at 45 South New Street DAC Report of August 9, 2017 Page 2 the rear yard. Adjacent uses are primarily one-family residences in the RG-1 (General Residence Zone). III. ZONING REVIEW RG-1 Zoning District Because of the nature of the organization seeking to set up the offices, the site’s proposed use as offices would be conditionally permitted in the RG-1 Zone as a philanthropic use. According to Zoning Ordinance Article 3 §2.11, permitted uses in the RG-1 Zone include any uses permitted in the One-family Residence zones. Zoning Ordinance Article 3 §1.14(a) includes the following permitted conditional uses for One-family Residence zones: (a) Places of worship, including parish houses; [and] schools, including nursery schools, kindergartens and day care centers in accordance with article 5, Supplementary Regulations, section 14. Day care facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes subject to the following requirements: i. Any school permitted under this paragraph [subsection 1.14(a)] shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder. ii. Any school permitted under this paragraph [subsection 1.14(a)], other than a kindergarten, nursery school, or day care center, shall occupy a lot with an area of not less than two acres, plus one acre for each 100 pupils for which the building is designed. iii. Any kindergarten or nursery school permitted under this paragraph [subsection 1.14(a)] shall be limited to a maximum of 50 children in zones R-8 thru R-20 and a maximum of 100 children in all other zones. At least 100 square feet of outdoor play space per child shall be provided. Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet. The minimum lot area for each ten, or remainder over the multiple of ten, children shall be the same as the minimum lot area requirement for each dwelling unit in the districts in which such uses are to be located. iv. No such building or part thereof shall be erected with less than a 50-foot front yard or nearer than 25 feet from any other street or property line. v. The sum of all areas covered by all principal and accessory buildings shall not exceed 20 percent of the area of the lot. vi. Courts shall conform to the requirements of article 5, section 3 hereof. The regulations for the above conditional uses which are listed in subsections i through vi do not include specific provisions for philanthropic uses. Subsections iv and v would be applicable to this site. However, because the use will be in an existing building, if the building does not meet these setback and coverage requirements it would be considered a legal nonconforming building. Any proposed future additions to the building would be considered under the requirements for subsections iv and v. Conditional Use Review Conditional Uses are subject to the requirements of Article 10 §1 of the Zoning Ordinance. With Conditional Use applications, the Planning Commission reviews the proposed project to

C-17-04 House of Pride Offices at 45 South New Street DAC Report of August 9, 2017 Page 3 determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. Below are the objectives of the Zoning Ordinance which the Commission should consider in reviewing Conditional Use applications: Section 1. - Approval of conditional uses. On application and after public notice and hearing, the commission may authorize the issuance by the city planner of permits for any of the conditional uses for which this ordinance requires, in the district in which such use is proposed to be located. In approving any such use, the planning commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. If the Planning Commission approves a Conditional Use, the use is granted as a Conditional Use Permit. Such permits may be permanent, subject to limitations outlined in Zoning Ordinance Article 10 §1.41, or be required by the Commission to undergo periodic renewal, using the procedure described in Article 10 §1.42. Any Conditional Use Permit, permanent or not, may be revoked using the procedure described in Article 10 §1.43 if the conditions prescribed by the Commission in conjunction with the issuance of the Conditional Use Permit have not been, or are no longer being complied with. For a property seeking Conditional Use approval which does not need associated Site Development Plan approval (due to occupying an existing building), Article 10 §1.8 outlines the submission requirements. These requirements include a map of the property showing existing conditions with the appropriate legal data.

C-17-04 House of Pride Offices at 45 South New Street DAC Report of August 9, 2017 Page 4 IV. PARKING SUMMARY Parking regulations in the RG-1 Zone are listed only for residences. Article 6, §3.1 of the Zoning Ordinance also does not list parking requirements for philanthropic uses or for offices (except medical offices). Therefore, the Zoning Ordinance does not have any specific parking requirements for the proposed use. The site has a residential-style gravel driveway which can accommodate two vehicles side by side. On-street parking is also available. Bicycle Parking The site does not currently appear to have bicycle parking. Because a Site Development Plan is not associated with this application, there is no automatic requirement to provide new bicycle parking. V. SITE CONSIDERATIONS Sidewalks There is existing street frontage sidewalk on the site as well as an entrance walk to the building. Both appear to be in good condition. Dumpsters For office uses less than 8,000 SF, one dumpster is required. However, because the City’s Public Works Department will provide City trash service (residential type) to this site, no dumpster will be required. The applicant has stated there will be no increase in trash generation over what is needed for residential collection. Lighting Staff believes that existing street lighting should be sufficient to light the site. There is no specific lighting requirement for residential zones. VI. BUILDING ARCHITECTURE The building is an existing building and no changes are currently proposed to its exterior appearance. The building has the outward appearance of a residence and features a porch, a bay window, a gable and valley roof, and articulated architectural details. The applicant submitted a floor plan showing the proposed layout of the interior offices. On the first floor there is a front office at the front of the building. The middle of the floor is taken up by an open area, a bathroom, and a closet. At the rear of the first floor is a kitchen. Planning Staff believes the open area may be used for meeting functions at the office. On the second floor there are three offices, each of which appears to be for an individual staff member/employee. VII. TREE PLANTING AND LANDSCAPE PLAN All projects requiring approval by the Planning Commission must provide enough trees to meet the minimum tree density specified in Zoning Ordinance, Article 5 §16.62. Based on the 9,090 SF property size, the site must have four (4) trees. The applicant did not submit a Landscape Plan with the application; however, they have stated that there are seven (7) trees on the site. This should be confirmed with a map of the property that shows the locations of the trees.

C-17-04 House of Pride Offices at 45 South New Street DAC Report of August 9, 2017 Page 5 VIII. CITY AND STATE CODE REQUIREMENTS The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) While the applicant has submitted a number of document items related to the property and their proposed use, the applicant must prepare a formal Conditional Use Plan which meets the requirements of Zoning Ordinance Article 10, Section 1.8. This plan must include: a. A to-scale map of the property which depicts the existing conditions. b. A detailed written description of the proposed activities on the property, including hours of operation. c. A designation of the number of off-street parking spaces. d. Legal Data sufficient to identify the property, the owner, and adjacent properties. 2) The Final Plan must include notes indicating the action taken by the Planning Commission with regard to any conditions of approval. The plan must be revised to reflect all changes required by the Planning Commission. 3) The map of the property must identify the locations of the seven (7) existing trees. 4) The map of the property must identify the storage location of the collection cans for trash and recycling. 5) Any Erosion & Sediment Control Plans or Stormwater Management Plans granted approval by the Kent Conservation District must reflect the Plan conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and technical review requirements of other agencies. 6) All requirements by the City Building Inspector and City Fire Marshal related to a Change of Occupancy of the building from residential use to office use must be complied with. Further requirements may be in effect if the structure is converted back to residential use in the future. 7) The existing sign must obtain a Sign Permit. IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in considering and acting upon Conditional Use Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. To meet these code objectives, Planning Staff recommends the Planning Commission prescribe the following conditions and safeguards:

C-17-04 House of Pride Offices at 45 South New Street DAC Report of August 9, 2017 Page 6 1) To further subsection 1.31 related to size and intensity of operations in residential zones, Staff recommends that the existing two (2) off-street parking spaces be required to be maintained. 2) To further subsection 1.31 related to size and intensity of operations in residential zones, Staff recommends that at least one (1) bicycle parking space be required to be installed. 3) To further subsection 1.31 related to size and intensity of operations in residential zones, Staff recommends that any residential use of the property, including overnight sheltering, be prohibited for as long as the structure is being used as an office. 4) To further subsection 1.32 related to site improvements, Staff recommends no exterior changes be made to the building that would alter its appearance as a residential structure. 5) To further subsection 1.2 related to harmony of location, size, and character, Staff recommends that any outside HVAC Equipment be designed to minimize impact on adjacent property owners, be adequately screened from public view, and minimize overall visible impact. Consideration must also be given to equipment placement in proximity to loading areas and public facades of the buildings. 6) To further subsection 1.2 related to harmony of location, size, and character, Staff recommends that any Conditional Use Permit granted for the office use be periodically renewed in accordance with Zoning Ordinance, Article 10 §1.42. X. ADVISORY COMMENTS TO THE APPLICANT 1) In the event that major changes and revisions to the plan occur in its finalization, contact the Planning Office. Examples include relocation of site components 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. 2) In the event, that there are changes to the architecture, building footprints, layout or square footage of the buildings contact the Planning Office. These changes may require review by the Planning Commission. 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) Following Planning Commission approval of the Conditional Use Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. 5) For a new use in an existing building, 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

C-17-04 House of Pride Offices at 45 South New Street DAC Report of August 9, 2017 Page 7 site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 6) 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. 7) The applicant shall be aware that Conditional Use Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign 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. 8) The applicant shall be aware that Conditional Use Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. An Administrative Building Permit may be required in order to establish this use in the building. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 2, 2017 APPLICATION: House of Pride Offices at 45 S. New Street FILE #: C-17-04 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 - 302-736-7072 PUBLIC WORKS – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Owner is responsible for locating all water, sewer, and storm sewer lines. 2. Owner is responsible for site and/or street lighting. 3. 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. 4. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 5. 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. 6. All Engineering and design for Dover Electric will be engineered upon receipt of final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. WATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Due to the fact that this property is changing uses, water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan, if an upgrade is required. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. WASTEWATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. All proposed wastewater utility components must meet the requirements of the Public Utilities Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information.

House of Pride Offices at 45 S. New Street File #: C-17-04 August 2, 2017 Page 2 of 2 STORMWATER/ SANITATION/GROUNDS 1. None STREETS 1. Final site plan approval will not be granted until a copy of the approved plan, signed by DelDOT is submitted to our office. GENERAL 1. The final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. 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/. STREETS / WATER / WASTEWATER / STORMWATER / GROUNDS / GENERAL 1. None SANITATION 1. Our records indicate that this property does not have a sanitation account with the City of Dover. Please contact our office to discuss the options of this service. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None WATER 1. Water impact fees may be associated with this project. WASTEWATER 1. Wastewater impact fees may be associated with this project. STORMWATER/SANITATION/STREETS/GROUNDS/GENERAL 1. None GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F C-17-04 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: 08/08/17 D S O H V A E L R APPLICATION: House of Pride Offices at 45 S New St FILE #: C-17-04 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: Routine Comments: 1. Proposed building is TBD. 2. Perimeter access shall be 30% or50% (depending on the use) 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) 3. 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) 4. 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) 5. 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. 6. Project to be completed per approved Site Plan. 7. Full building and fire plan review is required. 8. Construction or renovations cannot be started until building plans are approved. 9. 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. 10. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.

ADDITIONAL / SPECIFIC COMMENTS: 1. I suggest a meeting take place with the Chief Building Inspector and Fire Marshal to discuss the project. 2. This is a change of occupancy. Plans will need to be submitted by a licensed design professional with requirements from the Chief Building Inspector. The plans should also address the following at a minimum: a. Occupancy Classification b. Occupant Load c. Perimeter access d. If a Fire Alarm System is needed e. If a Sprinkler System is needed f. If a kitchen hood and hood suppression system are needed g. Number, location, and distance to exits h. Emergency lighting and exit lighting i. Impact protection j. Fire Extinguisher placement 3. A letter is needed clearly stating what is taking place (is this a program, is State licenses required) 4. Additional comments may be supplied based on the information received from the above. 5. I recommend a 1 year review to ensure these comments are complied with. 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: August 2, 2017 T =============================================================== APPLICATION: House of Pride Offices at 45 South New Street FILE#: C-17-04 REVIEWING AGENCY: DelDOT CONTACT PERSON: Jonathan T. Moore PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: DelDOT has no comments regarding city & state code at this time. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: DelDOT has no recommendations at this time. ADVISORY COMMENTS TO THE APPLICANT: DelDOT has no advisory comments at this time. If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY August 2017 APPLICATION: House of Pride Offices at 45 South New Street FILE #: C-17-04 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica Verchick 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: Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. The Kent Conservation District has no objection to the conditional use approval of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: 1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted to, reviewed by and approved by The Kent Conversation District.

PETITION TO AMEND ZONING DISTRICT Public Hearing and Review for Recommendation before Dover Planning Commission May 20, 2019 Owners: Harman Oil, Inc. (Harman Oil Co) Addresses: 53 N. West Street, Dover 517 W. Division Street, Dover Location: Northeast corner of the intersection of North West Street and West Division Street Tax Parcels: ED-05-076.08-04-02.00-000 ED-05-076.08-04-01.00-000 Size: 0.20 acres (8,512 SF +/-) 0.35 acres (15,278 SF +/-) Present Use: Vacant land Proposed Use: Commercial development Comprehensive Plan Designation: Mixed Use Present Zoning: C-1A (Limited Commercial Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) Reason for Request: To expand the potential uses allowed for future redevelopment of the properties File Number: Z-19-05 Ordinance Number: 2019-11 Existing Property The properties are currently zoned C-1A (Limited Commercial Zone). The property at 53 North West Street is a vacant lot with frontage only on North West Street and is adjacent to an improved alley on the rear (east) property line. The property at 517 W. Division Street is also a vacant lot that is a corner property. It has frontage on West Division Street (to the south) and

Z-19-05 Lands of Harman Oil, Inc. at 53 N. West Street and 517 W. Division Street DAC Report of May 8, 2019 Page 2 North West Street (on the west). It is also adjacent to an improved alley on the east property line. There is a gravel area that spans across the two properties. Surrounding Land Uses: The property immediately north of the subject properties (along N. West Street) are several residential units zoned RG-1 (General Residence Zone). To the east of the (north-south) alley are a series of residences with those fronting West Division Street zoned C-1A (Limited Commercial) and those fronting North Kirkwood Street zoned RG-1 (General Residence Zone). Across Division Street to the south is one residential dwelling and a City Electric Substation facility zoned C-2A (Limited Central Commercial Zone). To the west across North West Street, is a parcel zoned M (Manufacturing Zone) with several buildings at the intersection of Fulton Street and then the railroad corridor. Comprehensive Plan: The 2008 Comprehensive Plan depicts the subject area as the Mixed Use land use classification on Map 12-1: Land Development Plan Map (as amended, dated March 2019). Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with the Mixed Use land use classification; the listing includes the C-2A zoning district. C-2 (Central Commercial) (Downtown Target Area Only) C-2A (Limited Central Commercial) TND (Traditional Neighborhood Design) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) RGO (General Residence and Office) (Downtown Target Area Only) R-8 (One Family Residential) R-10 (One Family Residential) RG-1 (General Residential) RG-2 (General Residential) RG-4 (Multi-Story Apartments) C-3 9Service Commercial) CPO (Commercial/Professional Office) IO (Institutional and Office) In Chapter 12: Land Development Plan, when discussing Mixed Uses (pages 148-150) focuses on a series of goals for the Downtown Dover area as “a major employment, residential, and commercial center as well as the symbolic and cultural heart of the community, and recognize its unique heritage and historic resources.” The area subject to this Rezoning request is located on the northern edge of the Mixed Use (Land Use) designation. Also discussed for Mixed Use areas in the creation of neighborhood centers, mixed-use development, walkability, designs to bring buildings to the street with parking behind creating well-defined street spaces, etc. Request for C-2A (Limited Central Commercial) Zoning The following description of the C-2A zoning district is provided from Article 3 §14 of the Zoning Ordinance. Article 3, Section 14. - Limited central commercial zone (C-2A).

Z-19-05 Lands of Harman Oil, Inc. at 53 N. West Street and 517 W. Division Street DAC Report of May 8, 2019 Page 3 14.1 Uses permitted. In a limited central commercial zone (C-2A), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail stores. (b) Business, professional or governmental offices. (c) Personal service establishments. (d) Restaurants. (e) Service establishments. (f) Hotels. (g) Places of public assembly. (h) Drive-throughs. (i) One family residences, including attached and semi-detached dwellings, complying with the bulk standards of the RG-1 (General Residence) zone. (j) Apartments and multi-family dwellings. 14.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1: (a) Parking lots and parking structures as a principal use on suitably landscaped lots. (b) Fuel pumps accessory to a permitted use. 14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner. 14.4 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 14.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. (Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. No. 2008-33, 8-25-2008; Ord. No. 2010-28, 1-10- 2011; Ord. No. 2014-08, 7-14-2014 ) Recommendation of the Planning Staff: Staff finds that the rezoning request from C-1A to C-2A as the proposed zoning is consistent with the Comprehensive Plan for the land use classification of Mixed Use. Both C-1A and C-2A allow for a mix of commercial and residential uses. The permitted commercial uses are very similar; however, the C-2A includes several more intense uses such as hotels, places of assembly, and drive-throughs and also the opportunity for parking lots/parking structures and fuel pumps accessory to a permitted use to be considered through the Conditional Use review process. Pertaining to residential uses, both zones allow for one family residences (detached, semi-detached, and attached units), apartments, and multi-family (more than 2 units) dwellings. The subject area is part of the gateway to the Downtown core and its located along the major east-west corridor of Division Street. Yet, it is also in close proximity to strictly residential neighborhood areas to the northeast. Either zoning classification offers a series of permitted uses for development options. The future design of the development will be impacted bulk standards such as setbacks, parking requirements, height, and Floor Area Ratio for the particular zone. The

Z-19-05 Lands of Harman Oil, Inc. at 53 N. West Street and 517 W. Division Street DAC Report of May 8, 2019 Page 4 most significant difference in bulk standard relates to the allowable building height as the C-2A zone allows for six-story buildings (75 feet) versus the two-story (30 feet) in the C-1A zone. With the future development applications, the Planning Commission has the ability to consider the character of the neighborhood and public, health, safety and welfare objectives. This recommendation is being made without the benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration. ADVISORY COMMENTS TO THE APPLICANT: 1) The applicant shall be aware that following any decision made by City Council regarding approval of this rezoning, that a Site Plan, Subdivision Plan and or appropriate Building Permits must be submitted to the Planning Office prior to the establishment of a use or any construction activity on the site. The applicant should contact the Planning Staff to determine the appropriate review process for any proposed projects. 2) The applicant shall be aware that approval of any rezoning application does not represent a Building Permit, other construction activity permit approval, or authorization to establish a use. A separate application submission is required before issuance of permits by the City of Dover. 3) Provide any additional information on the 10-foot wide abandoned alleyway shown on the plan drawing between the two parcels. Recent property mapping does not show this alley (right-of-way). The applicant has indicated that the alley was discovered during title research and they will likely be pursuing the formal process to abandon the alley. 4) Upon redevelopment of the properties, the existing sign (pole sign) will likely need to be removed in accordance with Zoning Ordinance, Article 5 §4.10 Nonconforming Signs. It appears to be a non-conforming sign as it refers to a business not located on this property. 5) The subject area is in the area where there are planned bicycle travel improvements from Senator Bikeway Improvements project. Upcoming project activities will make improvements along West Division Street and North West Street. 6) As future development of the properties is proposed, the applicant is encouraged to review the 2015 Division Street/Forest Street: Dover Capital Gateway Plan and Design Book. 7) These properties are located within Dover’s Downtown Development District and may be eligible for a variety of incentives offered by the City, County, and State for redevelopment activities. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MAY 1, 2019 APPLICATION: LANDS OF HARMAN OIL, INC AT 53 N. WEST ST AND 517 DIVISION STREET FILE #: Z-19-05 REVIEWING AGENCY: City of Dover CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7072 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 / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS Our office has no objection to the rezoning of: ED-05-076.08-04-02.00-000 and ED-05-076.08-04-01.00-000 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / SANITATION / STORMWATER / STREETS / GROUNDS 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric, water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Department of Public Works standards and specifications. 2. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook, the Specifications, Standards & Procedures for City of Dover Public Works requirements, and the City of Dover’s Electric Service Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Public Works during the planning phase for this site. Additional impact fees may apply for future development. 4. Please provide clarification if the utility easement on the southwest property corner is existing or proposed. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F Z-19-05 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: 05/01/19 D S O H V A E L APPLICATION: Lands of Harman Oil Inc at 53 N West St and 517 W Division St R FILE #: Z-19-05 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is a rezoning application. 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: May 1, 2019 T =============================================================== APPLICATION: Harman Oil, LLC (53 West Street and 517 W. Division Street) FILE#: Z-19-05 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No Objection to the rezoning. 2. At such time that the property develops the property shall submit to DelDOT for review. Please schedule a pre-submittal meeting at that time.

City of Dover Application No.: Z-19-05 Department of Planning & Inspections RG-1 RG-1 RG-1 RG-1 RG-1 M RG-1 n St IPM Fulto RG-1 C-3 RG-1 RG-1 NQ RG-1 ueen RG-1 St N Ki rkwo RG-1 RG-1 od St M C-1A t e st S NW C-2 C-1A C-1A Site C-1A C-3 C-1A C-3 St sion W Divi S Ki t od S C-2A RG-1 St rk w o est SW RG-1 C-3 Tile: Lands of Harman Oil, Inc. Ordinance #: 2019-11 Addresses: 53 North West Street and 517 West Division Street Legend Parcel IDs: ED-05-076.08-04-02.00-000 ED-05-076.08-04-01.00-000 2012 Buildings Existing Zoning: C-1A Limited Commercial Zone Zoning Proposed Zoning: C-2A Limited Central Commerial Zone Owner: Harman Oil, Inc.. Dover Parcels « Date: 4/11/2019 Subject Property 0 100 200 400 Feet

PETITION TO AMEND ZONING DISTRICT Public Hearing and Review for Recommendation Before the Planning Commission May 20, 2019 Owner: AID in Dover, Inc. Equitable Owner: Central Delaware Housing Collaborative Addresses: 731 W. Division Street, Dover 801 W. Division Street, Dover Location: North side West Division Street and east of but not adjacent to Weston Drive Tax Parcels: ED-05-076.08-01-34.00-000 ED-05-076.08-01-32.00-000 Size: Parcel 34: 11,350 SF +/- Parcel 32: 8,400 SF +/- Present Use: Vacant buildings Proposed Use: Homeless Shelter Comprehensive Plan Designation: Commercial Present Zoning: C-2A (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone) Proposed Zoning: IO (Institutional and Office Zone) and subject to COZ-1 (Corridor Overlay Zone) Reason for Request: To rezone property to a zoning district allowing the proposed use of a homeless shelter facility File Number: Z-19-06 Ordinance Number: 2019-12

Z-19-06 Lands of AID in Dover, Inc. at 731 and 801 W. Division Street DAC Report of May 8, 2019 Page 2 Existing Property: The area of the subject properties consists of two parcels of land addressed as 731 W. Division Street and 801 W. Division Street. The Central Delaware Housing Collaborative (the equitable owner) is seeking rezoning to IO (Institutional and Office Zone) to allow for future utilization of the buildings. The buildings are currently vacant; however, they were previously utilized as a shelter. Previous Activities The properties previously held Lodging House Permits to operate as “dormitories” as part of the AID in Dover, Inc. program activities as a shelter. Program activities ceased at the locations. The use as a shelter is not considered a permitted use within the C-2A Zone. When the properties were previously used as such, the shelter was considered a legal Nonconforming Use under the Zoning Ordinance, Article 7 Section 1.13. The Lodging House Permits expired on January 31, 2018; however, the properties retained their legal Nonconforming status until January 31, 2019. Since the shelter was not reestablished before January 31, 2019, the legal Nonconforming status of that use expired. The shelter use cannot be reestablished without rezoning the property to a zone that allows for such use. Surrounding Land Uses Surrounding the two parcels are several different zoning types and land uses. To the east along Division Street are a series of properties zoned C-2A (Limited Central Commercial Zone) with several buildings and a funeral home. To the south across Division Street, includes a laundromat facility zoned C-1A (Limited Commercial Zone) and the Westside Car Wash zoned C-3 (Service Commercial Zone). To the west across Weston Drive is the Booker T. Washington Elementary School zoned IO (Institutional and Office Zone). To the north are lands zoned M (Manufacturing Zone) and C-3 (Service Commercial Zone). Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan (Map 12-1 as amended, dated March 2019) recommends that this property be used for Commercial. (It is noted that Preliminary Draft of Map 12-1 for the 2019 Comprehensive Plan shows these properties as Mixed Use.) The rezoning request is consistent with the Land Use Classification of Commercial. Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification. - C-1 (Neighborhood Commercial) - C-1A (Limited Commercial) - C-2 (Central Commercial) - C-2A (Limited Central Commercial) - C-3 (Service Commercial) - C-4 (Highway Commercial) - SC-1 (Shopping Center Commercial) - SC-2 (Shopping Center Commercial) - SC-3 (Shopping Center Commercial) - RC (Recreational and Commercial) - RGO (General Residence and Office) - CPO (Commercial/Professional Office) - IO (Institutional and Office)

Z-19-06 Lands of AID in Dover, Inc. at 731 and 801 W. Division Street DAC Report of May 8, 2019 Page 3 In Chapter 12: Land Development Plan, when discussing Commercial (pages 150-152) encourages the re-use of existing buildings and notes the Route 8 corridor as a commercial corridor Request for IO (Institutional and Office Zone) The types of permitted uses in the IO Zone are given in Article 3 §10 of the Zoning Ordinance. The permitted uses include the following: • Article 3, Section 10. – Institutional and Office Zone (IO). 2.1 Uses permitted. In an institutional and office zone (IO), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (a) Business, professional, or governmental offices (b) Banks. (c) Research, design, and development laboratories. (d) Public and institutional uses including hospitals, medical clinics, libraries, police stations, courthouses, transit centers, schools, colleges, universities, places of public assembly, philanthropic and charitable institutions, parks, playgrounds, public indoor recreation centers, athletic fields. (e) Public utility rights-of-way and structures necessary to serve areas within the city. (f) Child day care centers, provided they are established in accordance with all applicable state regulations pertaining to child care and provided that they are established and maintained in accordance with article 5, section 14 of this ordinance. (g) Emergency shelters and transitional housing. (h) Adult day care facilities provided they are established in accordance with all applicable state regulations pertaining to adult care and provided that they are established and maintained in accordance with article 5, section 22 of this ordinance. 10.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1: (a) Firearm ranges, prisons, and correctional facilities. (b) Public incinerators. (c) Hotels and restaurants. 10.3 Accessory uses. The following uses shall be permitted accessory to other permitted uses on a lot. (a) Clinics, cafeterias, and recreational facilities. (b) Motor vehicle storage and repair facilities accessory to a public or institutional use. (c) Restaurants that are on a campus and intended to support users of the campus. 10.4 Uses prohibited. The following uses are prohibited: (a) Landfills, dumps. 10.5 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants approved by the city planner. 10.6 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 10.7 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or

Z-19-06 Lands of AID in Dover, Inc. at 731 and 801 W. Division Street DAC Report of May 8, 2019 Page 4 enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. (Ord. of 10-24-1983; Ord. of 12-14-1992; Ord. of 7-12-1993, § 7; Ord. of 4-25-1994; Ord. of 10- 12-1998; Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. of 4-23-2007(1); Ord. of 4-23-2007(2); Ord. No. 2014-08, 7-14-2014 ; Ord. No. 2017-13 , 12-11-2017 The IO zone allows for Emergency Shelters and Transitional Housing units. These are very specifically defined in the Zoning Ordinance as shown below. Emergency shelter: A facility providing temporary housing to homeless or transient persons in a dormitory style setting; such facility may also provide or facilitate other social services including counseling and vocational training. Transitional housing: A residential facility developed in a one-family dwelling unit that is established to provide transition from homelessness to permanent housing, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through acquisition of stable income and permanent housing. Corridor Overlay Zone The provisions of the COZ-1 (Corridor Overlay Zone) in Zoning Ordinance, Article 3 §27 are established to “promote superior urban corridor development and the highest quality-built environment.” The Corridor Overlay Zone requires enhanced design requirements for landscaping, setbacks, building placement, parking, buffering, signs and access to promote superior urban design. These guidelines of the COZ-1 zoning district would be required if redevelopment of the properties is proposed. Recommendation of the Planning Staff: Staff recommends that the rezoning be granted to IO (Institutional and Office Zone) as requested for the two properties as the proposed zoning is consistent with the 2008 Comprehensive Plan for the Commercial land use classification. Staff also recommends that the properties remain subject to the COZ-1 (Corridor Overlay Zone) due to their frontage on West Division Street and proximity to the Forest Street/ Forrest Avenue corridor. The purposes of the COZ-1 are to promote superior urban corridor development; to foster coordination and linkage among corridor properties; to preserve functionality and efficiency of the roadway for traffic movement; and to achieve a visually balanced streetscape environment friendly to the pedestrian and motorist. (Zoning Ordinance, Article 3 §27). Any non-conformity of the existing buildings’ placement regarding the bulk standards of the IO and COZ-1 would be subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and Uses. Any redevelopment of the properties once zoned IO with the COZ-1 would be subject to those bulk standards and provisions and the review processes for site development. This recommendation is being made without that benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration.

Z-19-06 Lands of AID in Dover, Inc. at 731 and 801 W. Division Street DAC Report of May 8, 2019 Page 5 ADVISORY COMMENTS TO THE APPLICANT: 1) The applicant shall be aware that approval of any rezoning application does not represent a Development Plan approval. Following any decision made by City Council regarding this rezoning, certain Plan applications and Building Permits must be submitted to the Planning Department prior to the establishment of a use, redevelopment activity or any construction activity on the site. The applicant should contact the City of Dover Planning Office at (302) 736-7196 with any questions on the required review processes. 2) The applicant shall be aware that approval of any rezoning application does not represent a Building Permit, Sign Permit or other construction activity permit approval. Any future use of the existing structures may be subject to a separate permitting or licensing process through the City of Dover Licensing and Permitting Division. Certain types of uses also require a Public Occupancy Permit. 3) If the applicant wishes to consolidate the two parcels into one single parcel in the future, a separate Parcel Consolidation Plan can be submitted for Administrative Review of a Minor Lot Line Adjustment Plan. 4) The subject area is in the area where there are planned bicycle travel improvements from Senator Bikeway Improvements project. Upcoming project activities will make improvements along West Division Street and North West Street. 5) As future development of the properties is proposed, the applicant is encouraged to review the 2015 Division Street/Forest Street: Dover Capital Gateway Plan and Design Book. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MAY 1, 2019 APPLICATION: LANDS OF AID IN DOVER, INC. AT 731 AND 801 W. DIVISION STREET FILE #: Z-19-06 REVIEWING AGENCY: City of Dover CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7072 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 / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS Our office has no objection to the rezoning of: ED-05-076.08-01-34.00-000 and ED-05-076.08-01-32.00-000 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / SANITATION / STORMWATER / STREETS / GROUNDS 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric, water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Department of Public Works standards and specifications. 2. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook, the Specifications, Standards & Procedures for City of Dover Public Works requirements, and the City of Dover’s Electric Service Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Public Works during the planning phase for this site. Additional impact fees may apply for future development. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F Z-19-06 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: 05/01/19 D S O H V A E L APPLICATION: Lands of Aid in Dover Inc at 731 and 801 W Division St R FILE #: Z-19-05 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is for a rezoning application. This office has no objections. 2. Proposed building is lodging and rooming house (16 or fewer) or dormitory (16 or greater) 3. 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) 4. 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) 5. Perimeter access shall be 15% if lodging and rooming, 35% if dormitory 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) 6. Fire lanes shall cover N/A of the proposed building. 7. Fire Alarm System recommended for 731 W Division St, 801 W Division St has an existing fire alarm system which must remain in place and be maintained.

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) 8. Sprinkler system required. It is recommended that the system be monitored by an approved Fire Alarm System at 731 W Divisions St, 801 W Division St has an existing fire alarm which would be required to monitor the sprinkler 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) 9. 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. 10. 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) 11. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 12. 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) 13. 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) 14. 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 15. 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. 16. Project to be completed per approved Site Plan. 17. Full building and fire plan review is required. 18. 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. 19. Construction or renovations cannot be started until building plans are approved. 20. 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. 21. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. System shows prior conditional use was dormitory for both properties (this has expired). This is a change in occupancy. 2. Ensure grass is maintained per City Code 3. 801 W Division St has an existing fire alarm system which must remain in place and be maintained 4. Building permit/plans submission will be required for the building by a licensed/authorized design professional to the Chief Building Inspector for approval

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: May 1, 2019 T =============================================================== APPLICATION: Lands of AID in Dover, Inc. (731 & 801 W. Division Street) FILE#: Z-19-06 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. No Objection to the rezoning. 2. The developer for the property shall submit to DelDOT for review. Please schedule a pre-submittal meeting.

City of Dover Application No.: Z-19-06 Department of Planning & Inspections C-3 n St Fulto IPM M C-3 t r ely S ton D Ridg Wes C-3 IO M C-2A Site n St ivisio WD C-3 C-1A For est St IO C-1 C-1A RG-1 RG-1 Title: Lands of AID in Dover, Inc. Ordinance #: 2019-12 Addresses: 731 West Division Street and 801 West Division Street Parcel IDs: ED-05-076.08-01-34.00-000 Legend ED-05-076.08-01-32.00-000 Existing Zoning: C-2A Limited Central Commercial Zone 2012 Buildings COZ-1 Corridor Overlay Zone Zoning Proposed Zoning: IO Institutional and Office Zone COZ-1 Corridor Overlay Zone Dover Parcels « Owner: AID in Dover, Inc. Date: 4/11/2019 Subject Property 0 100 200 400 Feet

City of Dover DATA SHEET FOR CONDITIONAL USE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF May 8, 2019 PLANNING COMMISSION MEETING OF May 20, 2019 Plan Title: Lands of Kent Del Properties, LLC at 589 N. DuPont Highway, C-19-01 Plan Type: Conditional Use Property Location: Northeastern side of North DuPont Highway, north of Townsend Boulevard and south of Jefferic Boulevard Property Address: 589 North DuPont Highway, Dover Owner: Kent Del Properties, LLC Applicant (Lessee): Kent Del Properties, LLC Tax Parcel: ED-05-068.09-01-25.00-000 Present Zoning: C-4 (Highway Commercial Zone) SWPOZ (Source Water Protection Overlay Zone: Tier 3 Excellent Recharge Area) Site Area: 12,900 SF Most Recent Use: Front building: commercial business Rear building: Business (1st floor), Apartment (2nd floor) Proposed Use: Front Building: commercial business Rear Building: Apartment A (1st floor), Apartment B (2nd floor) Parking Required: Apartments: 2 per unit, plus 0.25 per unit for visitor parking (5 Total) Commercial Uses: 1 per 300 SF or 1 per employee, whichever is greater Sewer & Water: City of Dover P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of Dover CITY OF DOVER DEVELOPMENT ADVISORY Planning Office COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: May 8, 2019 APPLICATION: Lands of Kent Del Properties LLC: Conditional Use Plan FILE #: C-19-01 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, Planner I PHONE #: (302) 736-4442 I. PLAN SUMMARY: This is a Conditional Use Application to permit the rear building on the property to be converted into apartments to contain two (2) dwelling units. The subject property consists of 0.32 +/- acres (12,900 SF) located on the northeast side of North DuPont Highway (US Rt. 13) north of Townsend Boulevard. The property is zoned C-4 (Highway Commercial) and subject to the SWPOZ (Source Water Protection Overlay Zone): Tier 3 – Excellent Recharge Area. The owner of record is Kent Del Properties, LLC. Property Address: 589 North DuPont Highway. Tax Parcel: ED-05-068.09-01-25.00-000. Council District 3. II. PROJECT DESCRIPTION The applicants are proposing a change in use to the first floor of the building located at the rear of the property. The rear building, which is two stories, currently contains an apartment unit on the second floor, with a commercial use on the first floor. The applicant wishes to convert the lower level to also contain an apartment unit, so that there will be two (2) total apartment units in the building. The building at the front of the property is to continue as a commercial use. According to the Zoning Ordinance Article 3 Section 16.2 (a), “apartments” are an acceptable Conditional Use in the C-4 Zone. The current application for review is based on the Site Plan with a submission date of May 9, 2019, as well as the original letter and series of photographs with a date of April 5, 2019. III. ZONING REVIEW SWPOZ (Source Water Protection Overlay Zone) The site is partially located within the SWPOZ (Tier 3: Excellent Recharge Area) and subject to Article 3 Section 29.7 of the Zoning Ordinance. The applicant has noted that they intend to maintain a “low intensity commercial use” in the building at the front of the property. The commercial use of the building at the front of the property must comply with the regulations regarding the SWPOZ (Tier 3: Excellent Recharge Area) as found in Code Article 3 Section 29, particularly with prohibited uses as listed in Article 3 Section 29.51. The residential use of the

C-19-01 Lands of Kent Del Properties LLC at 589 North DuPont Highway DAC Report for May 08, 2019 Page 3 of 8 building at the rear of the property is a permitted use within the SWPOZ (Tier 3: Excellent Recharge Area). Article 3 Section 29.71 states that the impervious cover restrictions shall apply only to any activity requiring approval of the Planning Commission. However, Article 3 Section 29.72 provides the scope of Impervious Surfaces as they relate to any proposal that requires approval by the Planning Commission: 29.72 Impervious Surfaces. Impervious surfaces within the tier 3 lands of the source water protection overlay zone are limited to a maximum of 30 percent. Limits upon impervious surface apply to portions of a site which is within tier 3 lands. New development may exceed the 30 percent impervious cover threshold up to 60 percent impervious cover provided the differential volume of stormwater generated from 30 percent to 60 percent impervious cover, based on the two-year storm, is infiltrated within an excellent recharge area. The use of infiltration shall be based upon the technical merits of the application as well as the ability to quantify the volume of recharge. All infiltration facilities shall be designed in accordance with the Delaware Sediment and Stormwater Regulations. This defines that a “new development” is a project needing approval by the Planning Commission and thereby needing to follow the impervious restrictions of the SWPOZ Tier 3. As this application is a Conditional Use which is a change of use in an existing structure, it does not constitute a “new development”. Furthermore, Article 3 Section 29.73 gives the following guidelines for a project deemed as a “redevelopment” of a site within the SWPOZ: 29.73 Redevelopment. Site modification which requires site development plan approval must create a 15-percent reduction in the amount of impervious surface on the site when compared to pre-redevelopment conditions. A. If the 15-percent reduction would require a site to go below the 30-percent maximum impervious surface provision of section 29.72, then the maximum impervious surface cover for the site is 30 percent. B. If stormwater is infiltrated within the excellent recharge area as per section 29.72 then only an amount of reduction in impervious surface which is necessary to meet the 60-percent maximum will be required. This “Redevelopment” project itself does not require a site development plan submission for review by the Planning Commission, but rather the proposed change of use is requiring a Conditional Use Plan submission for review by the Planning Commission. It is the determination of the Planning Office that the impervious coverage restrictions applied to the SWPOZ Tier 3 are not applicable for this application and therefore no reduction in Impervious Surface Coverage is required. C-4 Zoning District The development site is zoned C-4 (Highway Commercial Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §16. Apartments and multi-family dwellings are allowed as

C-19-01 Lands of Kent Del Properties LLC at 589 North DuPont Highway DAC Report for May 08, 2019 Page 4 of 8 conditional uses in the C-4 Zoning District. Zoning Bulk and Parking requirements in the C-4 Zone are listed in Article 4 §4.15. The Applicant is however proposing no change in the existing site layout. Article 3 §16 of The City of Dover Code of Ordinances offers the following definitions of “apartment” and “multi-family dwelling”: Apartment: A dwelling unit, within a building with other uses and/or dwelling units, that is intended for use as a residence by an individual or a single family. Dwelling, multi-family (Dwelling, multiple): A building, or portion thereof, containing more than two dwelling units. This Conditional Use application is proposing adding one (1) apartment to the lower level of the rear building on the property, making for two (2) total apartment units in the rear building, and no apartment units in the front building. This would make this proposal for “apartments” as defined in Code which are Conditionally allowed in the C-4 zone. Conditional Use Review With Conditional Use Applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following sections of the Zoning Ordinance which relate to the role of the Commission in reviewing Conditional Use applications are particularly relevant when reviewing this application: ARTICLE 10. PLANNING COMMISSION Section 1. - Approval of conditional uses. On application and after public notice and hearing, the commission may authorize the issuance by the city planner of permits for any of the conditional uses for which this ordinance requires, in the district in which such use is proposed to be located. In approving any such use, the planning commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone:

C-19-01 Lands of Kent Del Properties LLC at 589 North DuPont Highway DAC Report for May 08, 2019 Page 5 of 8 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and us e of adjacent land and buildings. If the Planning Commission approves a Conditional Use, the use is granted as a Conditional Use Permit. Such permits may be permanent, subject to limitations outlined in Zoning Ordinance, Article 10 §1.41, or be required by the Commission to undergo periodic renewal, using the procedure described in Article 10 §1.42. Any Conditional Use Permit, permanent or not, may be revoked using the procedure described in Article 10 §1.43 if the conditions prescribed by the Commission in conjunction with the issuance of the Conditional Use Permit have not been, or are no longer being complied with. IV. BUILDING ARCHITECTURE A series of photographs were provided and the applicant has confirmed that there will be no major alterations in appearance to either of the buildings. The front building’s appearance indicates that the original use of the structure was residential. The 1 ½ story structure is covered in a light-colored siding, with a grey roof, and windows on all four sides. The structure at the rear is where the proposed change in use is on the first floor. The structure is two stories in height and clad in white siding with a light grey roof. There is a bay window at the front facing North DuPont Highway. The second story is accessed via wooden stairs and a deck. V. PARKING SUMMARY Parking regulations in the C-4 Zone are listed in Article 4, §4.15 of the Zoning Ordinance which states that parking is required for commercial uses at a rate of 1 per 300 SF of floor space or 1 per employee, whichever is greater. Article 6 §3 further requires that two (2) off-street parking spaces be provided per each apartment dwelling-unit as well as 0.25 per apartment dwelling unit as visitor spaces. This would require that five (5) parking spaces be provided on site for use by the proposed two apartment dwelling units. The five (5) parking spaces must be provided in addition to those required for the commercial use of the building at the front of the property. The applicant has submitted plans showing that there are currently three (3) parking spaces located at the front of the property, in a paved parking area. As the building at the front of the property is shown to be 736 SF, the requirement for 1 parking space for every 300 SF of commercial space is being met. The rear of the property is gravel, and the applicant has shown that six (6) new parking spaces will be added at the rear, noting that they should not impede traffic circulation, nor increase the impervious lot coverage already established on the site. This will make for nine (9) total parking spaces which meets requirements.

C-19-01 Lands of Kent Del Properties LLC at 589 North DuPont Highway DAC Report for May 08, 2019 Page 6 of 8 Bicycle Parking The site does not currently appear to have bicycle parking. Because a Site Development Plan is not associated with this application, there is no automatic requirement to provide new bicycle parking. However, the applicant has identified a location for a bike rack at the rear of the front building on the site. VI. SITE CONSIDERATIONS Access Vehicular Access to the site is via a drive at the front that connects to North DuPont Highway. This drive provides access to both the commercial building at the front of the property, as well as to the building proposed to contain the (2) apartments at the rear. This plan includes no changes to the current accessibility of the site. Sidewalks The Zoning Ordinance, Article 5, Section 18.2 requires sidewalks to be installed along the public street frontages of a property only if the application meets the requirements to be considered as a Site Development Plan. The site currently does not have any sidewalk along the North DuPont Highway street frontage, nor does either property immediately adjacent to the north or south. However, staff notes that to the south of the property new sidewalks have been placed along North DuPont Highway at Panera and the adjoining Shopping Center frontage. The Delaware Department of Transportation (DelDOT) is currently working on a program to introduce sidewalks along the north side of North DuPont Highway from Townsend Boulevard north to Jefferic Boulevard. This would include the frontage along the southwest edge of the property subject to this application. This application is currently showing no new sidewalks on the site, provided by the applicant no does it note the construction currently being actively carried out on the part of DelDOT. Dumpsters Article 5 Section 6.12 of the Code requires an apartment complex to provide a minimum of two (2) dumpsters for the first 48 apartments, and one further dumpster for each additional (24) apartments or fraction thereof. Article 5 Section 6.11 further specifies the requirements of the required dumpster enclosure. This proposal is required to provide a dumpster pad and enclosure for at least two (2) dumpsters. The applicant has identified the location of a dumpster enclosure at the rear of the property. It should be noted that, as the project site is located entirely within the SWPOZ Tier 3 and above maximum impervious lot coverage, no expansion of the impervious lot coverage to accommodate a dumpster pad would be permitted. As such, the applicant has identified that the enclosure for the required two (2) dumpsters will be built upon the gravel surface. While staff is satisfied that the gravel surface is sufficient to meet Code, more detail on the vertical screening elements of the dumpster enclosure to be provided is required. VII. TREE PLANTING AND LANDSCAPE PLAN The tree planting requirements are based on the project property or the project’s development

C-19-01 Lands of Kent Del Properties LLC at 589 North DuPont Highway DAC Report for May 08, 2019 Page 7 of 8 area. Article 5, Section 16.62 states that “[a] lot shall attain or exceed a tree density of one tree per 3,000 square feet of development area or fraction thereof.” Based on this, the lots size of 12,900 SF would require a minimum of five (5) trees. The applicant has noted that five (5) new trees will be provided along the southern boundary of the site, behind the rear building. VIII. CITY AND STATE CODE REQUIREMENTS The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) The Final Plan must include notes indicating the action taken by the Planning Commission listing any conditions of approval for the Conditional Use. The plan must be revised to reflect all changes recommended by the Planning Commission. 2) The Final Plan must show note the details of the dumpster pad enclosure. 3) The Final Plan must include details as to new sidewalk construction. 4) The Final Plan must include an owner certification and owner signature statement. To show this and any other additional information, the applicant can work with Staff on formatting of the Final Plan layout. IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in considering and acting upon Conditional Use Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. 1) The applicant should delineate parking spaces to ensure site circulation and fire protection needs are maintained around the buildings. The parking spaces must be clearly defined from the drive aisles to ensure proper traffic flow and limit any potential obstructions. 2) The applicant should add designated bicycle parking spaces/ rack to serve the property. 3) The applicant should delineate parking spaces to ensure site circulation and fire protection needs are maintained around the buildings. The parking spaces must be clearly defined from the drive aisles to ensure proper traffic flow and limit any potential obstructions. Staff recommends accomplishing this with the use of parking bumpers, the

C-19-01 Lands of Kent Del Properties LLC at 589 North DuPont Highway DAC Report for May 08, 2019 Page 8 of 8 restriping of parking spaces, as well as adding any additional directional arrows or signage necessary for traffic circulation. 4) Staff recommends a designated bicycle parking facility on the property. The applicant has indicated that they will provide such a facility and noted its location on the site plan, but additional detailed information as to its form is needed. X. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the plan occur in its finalization, contact the Planning Office. Examples include relocation of site components, 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 regarding the plan. 2) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 3) Following Planning Commission approval of the Conditional Use Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. 4) For new uses in an existing building, 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, etc. 5) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Plan approvals, site inspections and permits are required. 6) The applicant shall be aware that Conditional Use approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Permit from the City of Dover. 7) The applicant shall be aware that a Rental Dwelling Permit is required with the City of Dover before the apartments may be occupied by tenants. The use of the front building will also likely require a Business License. The applicant shall be aware that any such use must comply with the regulations and restrictions regarding the SWPOZ (Tier 3) as found in Article 3 Section 29 of the Code of Ordinances. 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: MAY 1, 2019 APPLICATION: Lands of Kent Del Properties, LLC: Apartments at 589 N. DuPont Highway FILE #: C-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 - 302-736-7072 PUBLIC WORKS – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Owner is responsible for locating all water, sewer, and storm sewer lines. 2. Owner is responsible for site and/or street lighting. 3. 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. 4. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 5. 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. 6. All Engineering and design for Dover Electric will be engineered upon receipt of final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. WATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Due to the fact that this property is changing uses, water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan, if an upgrade is required. 3. This lot shall be served by a single water service line, which shall be furnished and installed by the property owner. In the event a property contains multiple principal structures, the property shall be served by a single water main where a water service line may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate water facilities. 4. 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.

Lands of Kent Del Properties, LLC: Apartments at 598 N. DuPont Highway File #: C-19-01 May 1, 2019 Page 2 of 3 WASTEWATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. All proposed wastewater utility components must meet the requirements of the Public Utilities Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 3. This lot shall be served by a single sanitary sewer lateral, which shall be furnished and installed by the property owner. In the event a property contains multiple principal structures, the property shall be served by a single sanitary sewer main where a sanitary sewer lateral may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate wastewater facilities. STORMWATER / GROUNDS / STREETS 1. None SANITATION 1. Every person occupying a residence or duplex and every owner of an apartment 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. 2. The proposed trash collection location shall be orientated for side-loading trash trucks. If the proposed trash location and orientation are preferred, the site shall be served by a private trash collector. GENERAL 1. The final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. 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/. STREETS 1. None WATER / WASTEWATER 1. If a change in plumbing fixtures, either increase or decrease, is proposed for this project, please provide an existing and proposed fixture count prior to plan approval. Site visits can be scheduled through the Public Works office to obtain an accurate existing plumbing fixture count. STORMWATER / GROUNDS / STREETS / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. City of Dover will need proposed load sheets to validate current electrical equipment is adequate. Load sheets can be found on the at the following location: https://evogov.s3.amazonaws.com/media/27/media/13110.pdf WATER 1. Water impact fees may be associated with this project. WASTEWATER 1. Wastewater impact fees may be associated with this project.

Lands of Kent Del Properties, LLC: Apartments at 598 N. DuPont Highway File #: C-19-01 May 1, 2019 Page 3 of 3 STORMWATER / STREETS / GROUNDS / GENERAL / SANITATION 1. None GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F C-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: 05/08/19 D S O H V A E L APPLICATION: Lands of Kent Del Properties LLC Apartments at 589 N DuPont Hwy R FILE #: C-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 is for a conditional use. This office has no objections 2. Proposed building is apartments. This office views the submission as a two-family dwelling unit by definition. 3. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot,

property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 4. Project to be completed per approved Site Plan. 5. Full building and fire plan review is required. 6. 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. 7. Construction or renovations cannot be started until building plans are approved. 8. 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. 9. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Previous use was owner occupied apartment and bodywork (conditional use has expired). This is a change in occupancy. 2. Building permit/plans submission will be required for the building by a licensed/authorized design professional to the Chief Building Inspector for approval 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: May 1, 2019 T =============================================================== APPLICATION: Lands of Kent Del Properties, LLC. (589 North DuPont Highway) FILE#: C-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. No Objection to the conditional use application. .