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CITY OF DOVER PLANNING COMMISSION AGENDA Monday, July 15, 2019 – 6:00 P.M. City Hall, City Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA 1) Site Plan Application S-19-14 Northgate Center Lot 1: Office and Retail Building at 101 Stover Boulevard will not be heard by the Planning Commission on July 15, 2019 due to lack of public notice and at the request of the applicant. This Application and its Public Hearing will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. 2) Site Plan Application S-19-15 White Oak Road Property: Apartments and Townhouses on 3 parcels of land on White Oak Road will not be heard by the Planning Commission on July 15, 2019 at the request of the applicant. This Application and its Public Hearing will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. ADOPTION OF MINUTES OF MEETING of July 17, 2019 COMMUNICATIONS & REPORTS 1) The Annual Meeting of the Planning Commission typically held in July including the election of Chairman and Vice Chairman will be scheduled for a future meeting upon completion of the appointment process for Commission members. 2) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY, August 19, 2019 at 7:00pm in the City Council Chambers. 3) Update on City Council Actions 4) Department of Planning & Inspections Updates OPENING REMARKS CONCERNING MEETING PROCEDURES OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a. S-17-18 Frito Lay Building at Tudor Business Park – A Request for a One-Year Extension of the Planning Commission approval granted July 17, 2017 for a Site Development Plan, its Performance Standards Review Application, and an associated waiver to eliminate upright curbing to permit construction of a 4,278 S.F. one-story warehouse/office building and associated site improvements. This is to be an additional building within the Tudor Business Park. The proposed use was found to conform to the applicable performance standards as outlined in Zoning Ordinance, Article 5 §8 Performance Standards. The property is zoned C-3 (Service Commercial Zone). The property is located

City of Dover Planning Commission Agenda Public Hearing: July 15, 2019 Page 2 of 4 on the south side of South Little Creek Road and is served by Otis Drive. The owner of record is Tudor Enterprises, LLC. Property Address: multiple addresses in Tudor Business Park on South Little Creek Road. Tax Parcel: ED-05-077.12-01-02.00-000. Council District 2. b. S-17-20 Bay Road Commercial at 560 and 600 Bay Road – A Request for a One-Year Extension of the Planning Commission approval granted July 19, 2017 for a Site Development Plan and associated waiver to reduce the Arterial Street Buffer to permit construction of a 120,046 S.F. of commercial development on a 12.9366 acre+/- parcel currently named Bay Road Commercial. The development is proposed to include two restaurants of 4,200 S.F. and 6,400 S.F., a 70,646 S.F. grocery store, a 18,000 S.F. multi-tenant building segment and a 20,800 S.F. multi-tenant building segment. The property is zoned C-4 (Highway Commercial Zone). The property is located on the southwest side of Bay Road. The previous owner of record was S H E Holdings, LLC c/o Mike Longwill and the current owner now is Bayroadcap, LLC. Property Addresses: 560 Bay Road and 600 Bay Road. Tax Parcels: ED-05-077.00-01-09.00- 000 and ED-05-077.00-01-10.00-000. Council District 2. 2) Development Applications (Continued Review): a. S-19-10 Parking Area of Dover Community Pharmacy at 1035 South Governors Avenue – Continued Review of a Site Development Plan Application for an additional 5,700 SF of pavement in the existing parking lot area at the rear of the building containing Dover Community Pharmacy. The project creates a revised total of fourteen (14) total parking spaces for the site. The subject property is 0.35 +/- acres located on the east side of South Governors Avenue, south of Wyoming Avenue. The property is zoned C-1A (Limited Commercial Zone). The owner of record is AK Investments, LLC. Property Address: 1035 South Governors Avenue. Tax Parcel: ED-05-077.17-07-09.00-000. Council District 2. It is noted that construction commenced prior to authorization or permits. Waiver Requests: Elimination of Curbing, Elimination of Fence Component of Opaque Barrier Requirement. • The Planning Commission conducted a Public Hearing and began consideration of S-19-10 at the June 17, 2019 meeting and deferred action pending submission of additional information. b. S-19-11 Lion of Judah Ministry Church at 951 White Oak Road – Continued Review of a Site Development Plan Application to permit construction of one-story 5,000 SF place of public assembly (church) building and associated site improvements. The subject property is 1.14 +/- acres. The property is zoned IO (Institutional and Office Zone). The property is located on the north side of White Oak Road and east of Halsey Road. The owner of record is L & S Davis Properties, Inc. Property Address: 951 White Oak Road. Tax Parcel: ED- 05-068.14-05-85.00-000. Council District 3. This property was rezoned from CPO (Commercial and Professional Office Zone) to IO (Institutional and Office Zone) by City Council at their November 13, 2018 meeting (Z-18-02; Ordinance #2018-08). Waiver Requests: Elimination of Fence Component of Opaque Barrier, Partial Elimination of Upright Curbing. • The Planning Commission conducted a Public Hearing and began consideration of S-19-11 at the June 17, 2019 meeting and deferred action pending submission of additional information.

City of Dover Planning Commission Agenda Public Hearing: July 15, 2019 Page 3 of 4 3) Development Applications - Revised: a. S-19-03 Retail Center at 747 N. DuPont Highway: Master Plan REVISED – Update on a Revised Site Development Master Plan to permit phased construction of a retail center now known as DuPont Plaza. The center is to consist of four buildings totaling 52,196 SF and is to be constructed in three phases. The buildings proposed include three multi- tenant structures of 12,036 SF (Bldg. A, Phase 1), 9,775 SF (Bldg. C, Phase 2) and 19,200 SF (Bldg. D, Phase 3) as well as a freestanding restaurant of 11,185 SF (Bldg. B, Phase 1). New information shows five (5) retail spaces and one (1) restaurant space in Building A. The property is zoned SC-2 (Community Shopping Center Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway and south of Leipsic Road. The owner of record is Rojan 15 DD, LLC. Property Address: 747 North DuPont Highway. Tax Parcel: ED-05- 068.05-01-15.01-000. The REVISED project no longer includes reconfiguration of the property lines and parking for the hotel located at 764 Dover Leipsic Road. This property owned by Delmarva Hotels LLC (Tax Parcel #ED-05-068.05-01-14.00-000) is no longer considered part of the application. Council District 3. PLUS #2018-02-02. This site is subject to Minor Subdivision Application SB-18-01, approved by the Planning Commission on February 20, 2018 and granted a one-year extension on February 19, 2019. The Subdivision proposed dividing the existing parcel of 25.01 +/- acres into two parcels of 10.007 +/- acres and 15.004 +/- acres. This proposal deals exclusively with the 10.007 +/- acre parcel to the south. The Planning Commission granted approval of the Master Plan on March 18, 2019 subject to conditions. NEW APPLICATIONS 1) S-19-13 Office Building at 223 and 225 West Division Street – Public Hearing and Review of a Site Development Plan and Lot Consolidation Plan Application to construct a three-story 7,671 SF office building together with associated site improvements. The subject properties to be combined total 5,120 feet and are located north side of West Division Street east of North New Street. The property is zoned C-1A (Limited Commercial Zone). The owner of record is NCALL, Inc. Property Addresses: 223 West Division Street and 225 West Division Street. Tax Parcels: ED-05-076.08-05-28.00-000 and ED-05-076.08-05-29.00-000. Council District 4. Waiver Requests: Elimination of Upright Curbing, Consideration of Tree Mitigation Plan. Two variances were approved by the Board of Adjustment at their April 2019 meeting. The variances are from Zoning Ordinance, Article 4 §4.14 pertaining to the bulk standards of the C-1A zone: to allow an increase in the maximum permitted number of stories from two (2) to three (3), and to allow an increase in the maximum permitted building height from thirty (30) feet to thirty-four (34) feet (V-19-04). 2) C-19-03 Lands of TDM, LLC: Student Home at 230 North Governors Avenue – Public Hearing and Review of a Conditional Use Plan Application to permit the conversion of an existing one-family residential dwelling into a Student Home for four (4) persons at 230 North Governors Avenue. The subject property consists of 3,458 SF and is located on the west side of North Governors Avenue, south of Mary Street. The property is zoned RG-1 (General Residence Zone). The owner of record is TDM, LLC. Property Address: 230 North Governors Avenue. Tax Parcel: ED-05-076.08-02-70.00-000. Council District 4.

City of Dover Planning Commission Agenda Public Hearing: July 15, 2019 Page 4 of 4 3) C-19-04 Assemblée Chretienne International Ministry at 1209 Walker Road – Public Hearing and Review of a Conditional Use Plan Application to permit a place of worship in an existing 1,556 SF vacant building to the rear of 1203-1209 Walker Road. The portion of the property to be leased to the place of worship consists 1.9 acres and is in the northwest corner of the parcel. Parking is to be provided in an existing paved area in front of the building. The front of the parcel and the main building on the property is occupied by Dover Place, a senior assisted living facility. The property is zoned R-8 (General Residence Zone). The owner of record is Kent Lifecare, LLC. Property Address: 1203-1209 Walker Road. Tax Parcel: ED- 05-067.18-01-76.00-000. Council District 4. The property was previously developed as C-98- 02 Capitol Place Assisted Living Community: Planned Neighborhood Design – Senior Citizen Housing Option. 4) C-19-05 Luther Village Parking Lot Expansion at Babb Drive – Public Hearing and Review of a Conditional Use Site Plan Application to permit the construction of an additional 10,609 +/- SF of paved parking area providing thirty-four (34) parking spaces for a total of ninety- nine (99) parking spaces in the Luther Village Phase III area. The subject property area consists of 2.85 acres +/- and is located east of John Hunn Brown Road and northwest of Babb Drive as a portion of the Luther Village complex. The property is zoned RG-2 (General Residence Zone). The owner of record is Luther Village III of Dover. Property Address: 101 Babb Drive – Building 3. Tax Parcel: ED-05-077.06-02-90.03-000. Council District 2. Waiver Request: Partial Elimination of Upright Curbing. Luther Village Planned Neighborhood Design – Senior Citizen Housing Option is to consist of 524 apartment units in a total of nine phases; it was previously established by applications C-02-02 and C-13-03. Luther Village Phases 1, 2, and 3 have been constructed (Applications S-03-07, S-7-10, and C-13-03). 5) C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue – Public Hearing and Review of a Conditional Use Site Plan Application to permit the construction of a 40,026 +/- SF place of worship and associated site improvements at 2285 Forrest Avenue. The subject property is 75.51 acres +/- and is located on the south side Forrest Avenue west of Dover High Drive. The property is zoned R-10 (One Family Residence Zone) and is subject to the COZ-1 (Corridor Overlay Zone). The owner of record is Calvary Baptist Church of Dover Inc. Property Address: 2285 Forrest Avenue. Tax Parcel: ED-05-075.00-01-06.00-000. Council District 1. Waiver Request: Partial Elimination of Upright Curbing; Reduction of Bicycle Parking Requirement; Partial Elimination of Sidewalk. 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: July 5, 2019

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 The Regular Meeting of the City of Dover Planning Commission was held on Monday, June 17, 2019 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding. Members present were Mr. Roach, Ms. Edwards, Mr. Holt, Mr. Baldwin, Mrs. Welsh, Ms. Maucher and Mr. Tolbert. Mr. Nick Adams and Dr. Bobby Jones were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mr. Jason Lyon, Mrs. Tracey Harvey and Mr. Eddie Diaz. Also present was Mr. Troy Adams, Mr. Howard Joseph, Mr. Kevin Minnich, Mr. Zahir Kasmani, and Ms. Sylvia Davis. Speaking from the public were Mr. Ciriaco Bongalos, Ms. Donna Hutchins, Mr. Osman Sammander, and Ms. Marie Hudson. APPROVAL OF AGENDA Mr. Holt moved to approve the agenda as submitted, seconded by Ms. Edwards and the motion was unanimously carried 7-0 with Mr. Adams and Dr. Jones absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF MAY 20, 2019 Mrs. Welsh moved to approve the Planning Commission Meeting minutes of May 20, 2019, seconded by Mr. Holt and the motion was unanimously carried 7-0 with Mr. Adams and Dr. Jones absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the first item is past. It was a reminder about Ethics Training which was held on June 11, 2019. Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, July 15, 2019 at 7:00pm in the City Council Chambers. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on May 28, 2019 and June 10 and 11, 2019. Mrs. Melson-Williams stated that on the Commissioner’s desks this evening there is a flyer about a workshop event that the Planning Staff is hosting later this week on Thursday afternoon, June 20, 2019 from 4-6PM in the Council Chambers. It’s specifically regarding the Historic District and is part of some grant monies that the Historic District Commission and the City received. This is part of that public outreach effort. It is an opportunity to learn more about the Historic District, the types of review processes involved as well as a number of incentives for properties in that area. It is an opportunity for people to learn a little bit more about the Comprehensive Plan. There is a Historic Preservation Chapter as well. It is one of our educational opportunities meant for the public, but the Commission is certainly welcome to attend. It will be our typical kind of open house format, meaning that they will have a lot of display boards and information that you can take your time and look at. We will do a brief presentation at 5PM and take questions. Staff will be available for ongoing conversations in that 1

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 two-hour period. 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 NEW APPLICATIONS 1) C-19-02 Duplex at 106 Willis Road – Public Hearing and Review of a Minor Subdivision Plan and Conditional Use Site Plan Application to permit the subdivision of a 7,500 SF parcel of land into two lots (Lot 1 and Lot 2) of 3,750 SF each. The Conditional Use Site Plan application is to permit construction of one-story duplex to provide one dwelling unit on each of the newly subdivided parcels for 2 total dwelling units, as well as associated site improvements. The site is currently vacant. The subject area is 7,500 SF (0.17 +/- acres) located on the west side of Willis Road, north of East Division Street. The property is zoned RG-2 (General Residence Zone). The owner of record is 1944 Builder, LLC. Property Address: 106 Willis Road. Tax Parcel: ED-05-068.19-01-23.00-000. Council District 2. Two variances were approved by the Board of Adjustment at their March 2019 meeting. The variances are from Zoning Ordinance, Article 4 §4.3 pertaining to the bulk standards of the RG-2 zone: to reduce the minimum lot size from 5,000 SF to 3,500 SF: and to reduce the minimum side yard requirement from 10 feet to 5 feet. (V-19-03) Representatives: Mr. Troy Adams, Mountain Consulting; Mr. Howard Joseph, 1944 Builder, LLC Mrs. Harvey stated that this is a review of a Conditional Use application to construct one duplex building for a total of two one-story units. The project includes a Minor Subdivision Plan to permit the subdivision of a 7,500 SF parcel into two lots of 3,750 SF each and is zoned RG-2 (General Residence Zone). The property is located on the west side of Willis Road, north of East Division Street. The owner of record is 1944 Builder LLC and the address is 106 Willis Road. Two variances were approved by the Board of Adjustment at their March 2019 meeting. The variances pertain to the Bulk Standards of the RG-2 (General Residence Zone) to reduce the minimum lot size from 5,000 SF to 3,500 SF and to reduce the minimum side yard requirement from ten feet to five feet. The applicant has provided example floor plans for the units: Model A at 788 SF and Model B at 909 SF each. The front of the dwelling units will face Willis Road with sidewalks and a front porch leading to the entrance of the dwelling unit. Each lot will have access off of the alley for one paved off-street parking space. Trash and recycling collection will be serviced by the City of Dover likely at the rear of the building along the alley. All developments requiring approval of the Planning Commission are required to submit a Tree Preservation and Planting Plan. The submitted plan includes the required landscaping details. Based on the lot sizes and the proposed Minor Subdivision of 3,750 SF for each lot, two trees per lot are required and are identified on the plan. Staff recommends approval of the Conditional Use for the duplex unit of one dwelling unit per lot. 2

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 Mr. Troy Adams stated that as Mrs. Harvey stated, this is a Conditional Use Plan to construct a duplex building. This project came forth through the Board of Adjustment process to seek two variances for us to fit these units on these lots. They were able to reduce the minimum lot size from 5,000 SF to 3,500 SF for each lot and reduce the minimum side yard setback from 10 feet to 5 feet. Part of the Conditional Use will be a Minor Subdivision Plan at the same time. They were able to comply with all of the regulations. For landscaping, they show two trees per lot. As far as water and sewer, that is located along the front of each lot on Willis Road. They were also able to provide the ample parking that is required from the back alleyway. As far as the unit, Mrs. Harvey stated that there is a Unit A and Unit B. Shortly, a decision will be made on which type will go. Both of them will fit; it’s just a decision that needs to be made about which style. Style A and B both have lovely porches on the front and that will be a nice added touch to the area. The lot that is there is a vacant lot that has been vacant for some time. This is an opportunity to infill and place a nice unit there. In reference to the overall comments that were in the DAC Report from all of the agencies and departments, they do agree and will comply. Mr. Tolbert questioned if there is parking for one vehicle for each unit? Responding to Mr. Tolbert, Mr. Adams stated that space should hold two vehicles. Mr. Tolbert further questioned that if they have company, will parking be a problem? Responding to Mr. Tolbert, Mr. Adams stated that additional parking would be on the street. Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Ms. Maucher questioned if they needed to recommend approval of the variance V-19-03 in addition to C-19-02? There are a couple of variances requested and it looks like it is a different application. Responding to Ms. Maucher, Mrs. Harvey stated that the variances were approved in March 2019. Ms. Maucher moved to approve C-19-02 Duplex at 106 Willis Road, seconded by Ms. Edwards and the motion was carried 7-0 by roll call vote with Mr. Nick Adams and Dr. Jones absent. Ms. Maucher voting yes; based on DAC comments and recommendations from Staff. Mr. Roach voting yes; anytime that we can add housing in this area is a good thing and it is also taking up an empty lot in an area that needs it. Ms. Edwards voting yes; she agrees that it is a good thing to fill that empty lot and the unit is very attractive and she thinks that it will enhance the area. Mr. Holt voting yes; he thinks the units are very attractive and they can use the extra housing in the area. Mr. Baldwin voting yes; we do need additional housing in this area and also based on the DAC Report. Mrs. Welsh voting yes; for all of the reasons previously stated and she thinks that it is a very nice- looking facility. Mr. Tolbert voting yes; he is particularly pleased with the attractiveness of the building and what it will do for the area. 2) S-19-10 Parking Area of Dover Community Pharmacy at 1035 South Governors Avenue – Public Hearing and Review of a Site Development Plan Application for an additional 5,700 SF of pavement in the existing parking lot area at the rear of the building containing Dover Community Pharmacy. The project creates a total of seventeen (17) total parking spaces for the site. The subject property is 0.35 +/- acres located on the east side of South Governors Avenue, south of Wyoming Avenue. The property is zoned C-1A (Limited Commercial 3

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 Zone). The owner of record is AK Investments, LLC. Property Address: 1035 South Governors Avenue. Tax Parcel: ED-05-077.17-07-09.00-000. Council District 2. It is noted that construction commenced prior to authorization or permits. Waiver Requests: Elimination of Curbing, Elimination of Fence Component of Opaque Barrier Requirement Representatives: Kevin Minnich, Minnich Engineering; Mr. Zahir Kasmani, Dover Community Pharmacy Mr. Diaz stated that this is a project to allow the paving of the rear parking lot at Dover Community Pharmacy which is located at 1035 South Governors Avenue. The project is in the C- 1A (Limited Commercial Zone) and there are no proposed changes to the building on the property or the current use which is a pharmacy. The rear of the property was paved in May 2018, having been a mixture of grass and gravel before that. It was only after the property owner paved it that he realized that he needed to obtain a permit for the work that he did. When Staff reviewed his permit application, they found that the project added enough impervious coverage that it needed Planning Commission review. Their intent in reviewing the Planning Commission application that was made was to ensure that the work that had already been done was compliant with the Zoning Ordinance or if it wasn’t compliant with the Zoning Ordinance, the necessary changes were made to bring it into compliance. The immediate changes that they identified during the review were the need for bicycle parking, the need for additional landscaping and the need for an opaque barrier. They also considered sidewalk improvements and installing curbing around the edges of the parking lot; however, they determined that asking for the sidewalk improvements was not feasible because Governors Avenue is a State road. They also granted an administrative waiver for the curbing because installing that curbing would have meant also installing unnecessary stormwater management improvements to handle the water differently since it couldn’t just flow off of the edges of the parking lot. There is a second non-administrative waiver request that goes along with this application to waive the fence component of the opaque barrier that would be required along the eastern side of the southern property line because the property adjacent to the south is a residential use property. The waiver is requested because there is already a fence along that property line that is owned by the neighboring property owner. The waiver would be for the fence component only because the landscape component of the opaque barrier cannot be waived. Staff is recommending approval of this waiver request. Mr. Tolbert asked if it is in clear on the paving permit issue. Was it resolved or is it still an issue? Responding to Mr. Tolbert, Mr. Diaz stated that in order to resolve the permit issue, the applicants will need to get their permit application for the paving approved but in order to get their permit approved, they need Planning Commission approval first. It’s because of the amount of paving that they want to add; that it can’t be approved administratively. Ms. Maucher stated that the fence belongs to the other property owner so if it goes into disrepair or is taken down and there is no fence there, is there an obligation later on where they might have to come back and install the fence? Right now, we are substituting their obligation with somebody else’s property. Responding to Ms. Maucher, Mr. Diaz stated that if the neighboring property owner ever took down their fence, this applicant would not be required to put in a fence later. If you read the Zoning Ordinance, it says that the Planning Commission may waive the fence component of the opaque barrier when it’s determined that the landscaping alone would be a 4

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 desirable aesthetic alternative. The thing about not waiving the fence component is that the present people will end up with two fences right up against each other which in the opinion of Staff at least is not a desirable aesthetic alternative. Mr. Roach questioned if the parking lot is already done? Responding to Mr. Roach, Mr. Diaz stated yes. Mrs. Melson-Williams stated that yes, the parking lot is done but in order to comply there will have to be some improvements and changes done to what is existing there today. The applicant may expand on that because the plan review discovered the landscaping components. There are some changes that have to be implemented. Mr. Minnich stated that when he was first approached by Mr. Kasmani, he felt like he was kind of led astray. He knows that ignorance of the law is no excuse, but he was kind of led astray by his contractor. He shot himself in the foot when he came to City Hall to ask if he needed a permit once the work was already done. They are here to bring the plan into compliance and make the necessary changes that they need to add like the components such as landscaping. The total that was added back there was about 5,700 SF so they are reducing that back to 5,000 SF which will get them an exemption from the Kent Conservation District. They are making some changes. They are here to ask for approval of what was already put down with these changes and also approval of the partial elimination of the opaque barrier which would be the fencing. He thinks that if you put two fences up it becomes a maintenance issue between the fences because they are probably going to have a one-foot fence between the fences. He thinks that if they landscape that corner back there, he thinks it will achieve the intent of the Ordinance. He knows that Kent Conservation District said that if they keep it below 5,000 S.F., they will be exempt from the stormwater regulations. He did send the information over to DelDOT. They looked at the plan and their comment was to remove one of the three spaces on the right-hand side as you come into the Pharmacy. If you were to park in one of those spaces, you would actually be hanging out into the right of way. They are proposing to remove all three of the parking spaces out of safety concerns. DelDOT is on board with getting it into compliance. They didn’t have a whole lot of heartburn with the way it sits now. Mr. Tolbert opened a public hearing. Mr. Ciriaco Bongalos Jr – 722 Green Winged Trail Camden Wyoming, DE 19934 Mr. Bongalos stated that he is the property owner of record on the northern side of this property. The parking lot was actually constructed in September 2017 not 2018. At the time, there was a boundary marker in the front and rear of the property. He was there when they were prepping the ground. The ground level is equal with his lot. He noticed that when they did the blacktop, they added like eight or ten inches higher. There is an existing metal fence that he installed in 1986. The fence is about eight inches into his property but when they did the blacktop, they encroached about four to six inches into his property. It was okay to him if its dirt or gravel because he told Mr. Kasmani that he could shovel it off but then when he came back the next day the blacktop was already done. This is a difficult thing because it requires a contractor. It is actually eight inches into his property at a length of 140 feet. His problem is that since its blacktop he cannot remove it by himself; it will require a contractor to remove it. Last year he waited for Mr. 5

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 Kasmani to ask the contractor to remove it and it never happened so last year he started putting cinder blocks down himself for 140 feet because he has to show them the accurate boundary because the property is now for sale. He has owned the property since 1983. He is a retired physician who practiced there for thirty years and he is selling it. The property is vacant now and is for sale by Keller Williams Realty. He is asking for the contractor to remove that encroachment. Ms. Donna Hutchins – 1041 South Governors Avenue Dover, DE 19904 Ms. Hutchins stated that she is the property with the fence going down it. She thinks what Mr. Kasmani did enhance the property. It really does look nice. The consideration that she would like is that it is much higher than her property is and if something could be done because when it rains it comes down to her property and washes out the soil and mulch. She doesn’t know if it has a tilt to it, but it seems kind of flat in that area. She is very much a gardener and she would invite Mr. Kasmani to come on her side of the fence to look at the landscaping that is along the inside of her fence. She has lots of mature trees and bushes that she has had for a long time in that area. When she hears about them where the holly trees start, he is going to have to take out a good bit of that. She doesn’t know if she has roots underneath all of it that will get damaged. Her other concern is that the corner part will fit in very nicely. The Arborvities and the other bushes that they are putting in will fit very nicely. She has Arborvities along the whole back of her fence. The holly trees are a little scary to her because they get very big and she is wondering how maintenance for those will be. They are very vigorous growers so she is just wondering if there might be an alternative to those. She also didn’t understand the verbiage of the elimination of the fence component but that has been answered tonight. She didn’t know if they would cause any damage to the fence by removing some of the blacktop. She is asking for consideration for the landscaping that is already on her side and maybe some attention to the drainage that is washing down into her side. The parking lot itself was a nice improvement to the area. She would welcome the applicant to come on her side to see what is there if that would help the landscapers. Mr. Tolbert closed the public hearing. Mr. Tolbert questioned if they have been in contact with the neighbors regarding these issues that have been brought up? Responding to Mr. Tolbert, Mr. Kasmani stated that like Mr. Minnich stated, unfortunately he got a contractor and he didn’t mention that a permit was needed. The whole idea for paving the back lot was mostly for staff to use. The back lot is not for public parking. Previously when he got the property, there was nothing but gravel there. In the winter when it would snow and rain it would become hazardous for the employees. When there was enough snow for them to call in snow removal, they would actually refuse to remove the snow in the back because their equipment would get stuck. They could not bring in the bigger plows because there isn’t enough space in that area. Their only option was to pave it so that it became safer for their employees. When he got the contractor, he was told that a permit was not needed. He should have come to the City himself but now he knows better. At the time of the paving, Dr. Bongalos did approach him about his issue and he told Mr. Bongalos that they would remove the five or six inches of blacktop that was there but he told him that he was going to do it the following year once the weather improved. By that time, he was already involved with the City, so it didn’t make sense for him to have a contractor come out just to remove a six-inch strip on one side and then have to wait to see what happened with the application. The whole idea was to 6

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 wait until they get the permit completed and they will remove whatever blacktop needed to be removed which is 700 SF and then remove the six-inch strip also. That is not an issue and will be removed. As soon as they get the permit approval and he has the contractor come in to remove 700 SF of blacktop it will be taken care of. Ms. Edwards stated that she would like a response to the other neighbor’s concerns regarding landscaping. Responding to Ms. Edwards, Mr. Kasmani stated that the trees and the landscaping were provided by a landscaper and he was the one who suggested the type of trees that need to be installed. He can go back to the landscaper to see if they can be substituted. Ms. Edwards stated that there was a water drainage issue as well. Responding to Ms. Edwards, Mr. Minnich stated that part of what is going on in that corner is also the removal of the blacktop and the planting of those plantings. They can talk to their landscaper and maybe get him together with the neighbor to figure out what species to plant. There is also a proposed precast curb that would go along those areas to keep the landscape in. He thinks that some of that might alleviate some of the issue. He knows that most of that drainage sheet flows towards the back towards the recycling area. Anything that goes towards that corner should get caught on that curbing and not go into the neighbor’s yard. He would think that if it’s a reputable contractor, anything that is done should be put back in kind as far as fencing goes. He thinks that the precast curbing should help the drainage that the neighbor is concerned about. Mrs. Welsh stated that if she heard the applicant correctly, they are going to put in some kind of edging material around the perimeter of that new area of the trees in order to keep the moisture inside that area so that it won’t flow into the neighbor’s yard. Responding to Mrs. Welsh, Mr. Minnich stated yes. Ms. Edwards questioned if the applicant would be willing to meet with the property owner behind them to discuss if there are further issues other than just in the corner? Responding to Ms. Edwards, Mr. Minnich stated that they would definitely have to do that. Mrs. Welsh questioned if there was a survey done at all to address the elevations? Responding to Mrs. Welsh, Mr. Minnich stated there was a typographic survey and a boundary survey done. They know where those pieces of paving are going across the property line. It’s actually on both sides. It’s not by a lot but it’s a foot here and six inches here. Mrs. Welsh stated that their intent is to rectify all of that at the time that they do the landscaping and adjust the parking lot. Responding to Mrs. Welsh, Mr. Minnich stated yes. Mrs. Welsh move to defer application S-19-10 Parking Area of Dover Community Pharmacy at 1035 South Governors Avenue until the next meeting so that the issues can be worked out so that it’s a little bit more clear to everyone exactly what is going to be happening there, seconded by Ms. Edwards. Mrs. Melson-Williams asked the Commission to define what the issues are so that the applicant has some direction specifically for what needs to be addressed before the next meeting. 7

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 Ms. Edwards stated that she would like to see conversation with the neighbor behind him to come up with a solution that is suitable for all. We already know that he is working with Dr. Bongalos to take care of that six inch strip of asphalt in the back when he does the other removal so she thinks that has already been resolved but she would like to see some conversation with the neighbor behind him to make sure that it is satisfactory for everyone. Mrs. Welsh stated that she would like to add to the motion that a Revised Site Plan to show all of that will be help so that the Commission can actually see where exactly the six inches of asphalt is being removed. That would be less parking area then now which would redefine the parking area as well as on the other side where the partial fence is right now. Mrs. Welsh move to defer application S-19-10 Parking Area of Dover Community Pharmacy at 1035 South Governors Avenue until the next meeting so that the issues can be worked out so that it’s a little bit more clear to everyone exactly what is going to be happening there and to include a Revised Site Plan to show where the asphalt is being removed and where the partial fence is right now, seconded by Ms. Edwards and the motion carried 7-0 by roll call vote with Mr. Nick Adams and Dr. Jones absent. Mrs. Welsh voting yes; for the reasons stated in the motion. Ms. Maucher voting yes; for reasons stated. Mr. Roach voting yes; for reasons previously stated. Ms. Edwards voting yes; she believes that a new Site Plan will provide clarity for all and for the applicant’s willingness to work with his neighbors. Mr. Holt voting yes; for the reasons previously stated. Mr. Baldwin voting yes; further clarification is needed for this item. Mr. Tolbert voting yes; clarification is needed. 3) S-19-11 Lion of Judah Ministry Church at 951 White Oak Road – Public Hearing and Review of a Site Development Plan Application to permit construction of one-story 5,000 SF place of public assembly (church) building and associated site improvements. The subject property is 1.14 +/- acres. The property is zoned IO (Institutional and Office Zone). The property is located on the north side of White Oak Road and east of Halsey Road. The owner of record is L & S Davis Properties, Inc. Property Address: 951 White Oak Road. Tax Parcel: ED-05- 068.14-05-85.00-000. Council District 3. This property was rezoned from CPO (Commercial and Professional Office Zone) to IO (Institutional and Office Zone) by City Council at their November 13, 2018 meeting (Z-18-02; Ordinance #2018-08). Waiver Requests: Elimination of Fence Component of Opaque Barrier, Partial Elimination of Upright Curbing. Representatives: Ms. Sylvia Davis, Lion of Judah Ministry Church; Mr. Troy Adams, Mountain Consulting Mr. Swierczek stated that this is a review of a Site Development Plan application to permit construction of a one-story 5,000 SF place of public assembly (or church building) and associated site improvements. The site is currently vacant. The subject property is 1.14 acres and is located on the north side of White Oak Road, east of Halsey Road. As a reminder to the Planning Commission, an application came before the Commission in 2018 under file Z-18-02. The Rezoning application proposed changing the zoning of the property from then designation of CPO (Commercial and Professional Office Zone) to a new designation of IO (Institutional and Office Zone) to allow a place of public assembly to be built. The Planning Commission held a public hearing of the Rezoning on October 15, 2018 and recommended denial of the Rezoning; however, 8

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 it went to City Council in November 2018 and was approved under Ordinance #2018-10. The applicant has included two waiver requests with their application submission for tonight. The first is a waiver request from Zoning Ordinance Article 5, Section 7.21 for the fencing component of the opaque barrier requirements asking that they be permitted to only install a six foot evergreen hedge along the north, east and west property lines that will be approximately eight feet in width. The second waiver request which was reviewed by the City Planner and approved, asks for the requirements of Article 6, Section 3.6b to be waived which require permanent parking areas to be enclosed with upright concrete curbing of at least six inches in height. This was approved as the applicant had stated that the waiver was needed to better facilitate stormwater management and that they will be providing parking bumpers. On the Commissioner’s desks this evening there was a more current set of color renderings showing all four of the proposed elevations. The site entrance for the facility is proposed off of White Oak Road only and for the parking, it is proposed to be forty-four spaces. It should be noted that Article 6, Section 3 requires parking spaces for a place of worship to be provided at a rate of 1 per 200 SF of floor area but not less than 1 per each 4 seats where provided. The applicant has stated that the plan to accommodate a maximum of 148 persons at the facility which would have a requirement of 37 parking spaces. Seating capacity is subject to compliance with the Fire Code and Building Code provisions. With regards to the waiver request from the requirements of Article 5, Section 7.2 pertaining to the fence component of the opaque barrier requirements, Staff recommends approval of the waiver of the fencing component for the north, east and west property lines as the applicant has shown that they will provide the landscaping which should adequately shield the parking lot area from neighboring residential areas. The applicant has also noted the planned stormwater management facility on the eastern portion of the site which should further help in shielding the parking lot area from neighboring residential properties. To the west is a private drive aisle, North Halsey Road, which is part of the parcel to the north containing the apartment dwelling units as there are no residential units specifically located to the west of this proposed site project. The applicant notes the desire to maintain some visibility of this frontage from White Oak Road. Finally, to further Subsection 2.28 related to architectural characteristics of proposed buildings, Staff had recommended that more horizontal elements be included into the proposed architecture of the building. As you can see, the applicants had included that in their updated renderings with the inclusion of that horizontal banding feature on the facades. Ms. Edwards questioned if they were voting on the waiver request only this evening? Responding to Ms. Edwards, Mr. Swierczek stated that the motion tonight is for the Site Development Plan application which includes the waiver request for the opaque barrier of the fencing. Mr. Troy Adams stated that this is a relatively exciting project on the corner of North Halsey Road and White Oak Road. The Lion of Judah Ministry is currently located at 2364 Pearsons Corner Road in the County. They had the opportunity to acquire this property for the growing organization of approximately 38 members at this time. This is an opportunity for them to grow and have more visibility and infill again, another vacant lot. Everything that Mr. Swierczek explained was accurate in regards to the DAC comments and the regulations. This property is 1.41 acres and they have basically done their best to make it as attractive as they can. They think this is a very logical layout for this particular use. You will be entering the site off of White Oak Road via a DelDOT entrance. There will be no connection at all to the private road to the west of the site which is named North Halsey Road. That will not be in any kind of way associated with this project. They 9

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 are proposing 44 parking spaces which is beyond the 37 parking spaces that are required and they will form a circular pattern around the site. The trash enclosures will be in the rear to basically not be visible. The stormwater approach here is going to be an infiltration type facility. Basically water will sheet flow over into that basin area that you see on the east side and then infiltrate back into the existing ground so it is a green component that they are proposing with this project. In reference to the landscaping, they are requesting a waiver from the fence component of the opaque barrier regulation which is in this case, very logical for them to remove the fencing. The fencing could only go logically on the north side and the east side. They don’t like putting it on the west side because it would block the view of this brand new building. The exposure would be impacted. That is why they had that little caveat of being able to place hedges along North Halsey Road; something that is 30-36 inches in height that allows vehicles that are approaching from the west to visibly see the structure. There will be signage on the west face of the building and also on the south face of the building so that you can see it from White Oak Road. For people that are coming out of North Halsey Road, it gives them visibility as well. In reference to the curbing, they are asking for partial elimination of curbing. Curbing will be placed along the right-of-way of White Oak Road and there is curbing in the rear. Basically, that curb will serve as directing stormwater into the catch basins and so forth. The way that things are graded right now, the sidewalk is not upright; it’s flush so you will be able to walk right in from the pavement onto the sidewalk and right into building. So for handicapped accessibility it is easy. As far as utilities like sewer and water, water is readily available right under the existing sidewalk. Sewer is available right at the dead center of White Oak Road and North Halsey Road. Right at the intersection there is a manhole. They will have to tap into the existing public sewer at that location. In reference to the aesthetics of the building, the Commissioners have a rendering that was passed out in the original application. There were some upgrades made since the DAC Meeting happened. The stone was added on the front and west sides and they added some windows on the right side of the building just to break it up and make it more attractive. The congregation is very excited. This is a major undertaking and commitment that they are making within the City limits; and it’s one more lot that they are putting to good use. Mr. Tolbert questioned the seating capacity of the church? Responding to Mr. Tolbert, Mr. Adams stated that right now it is at 148 per plan. As Mr. Swierczek stated, there is a life safety code that needs to be considered as this building is further developed. Mr. Tolbert stated that they are proposing 44 parking spaces. Will parking be a problem for the facility? Responding to Mr. Tolbert, Mr. Adams stated that you know how it goes at churches. Given the site and it’s given size and adhering to the regulations of at least one space per four people; that calculates out to 37 spaces. They took that into account and maxed it out the best that they could at 44 spaces. Mr. Tolbert stated that they are having problems at his church with parking. Responding to Mr. Tolbert, Mr. Adams stated he thinks that all churches have some sort of problem with parking but they understand that Halsey Road is a private road and it is owned by their neighbors. They do understand that parking is off limits on North Halsey Road. Just like any other organization; you do your best. Mr. Tolbert opened a public hearing. 10

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 Mr. Osman Sammander – White Oak Condo Association Mr. Sammander stated that he is the President of White Oak Condo Association. As the gentleman mentioned, they already have a problem with parking. Now the church is there and they are asking for a waiver to not have a fence on the west side of the church. The problem is that there is already a fence there and he doesn’t know why they want to take the fence down and have trees planted. They already have a problem with homeless people coming from the shopping areas and sleeping in their laundry room areas and breaking windows. They don’t want to have just trees there because they will have to be maintained by the association or the church. They would rather keep the fence that is there or if they want to replace it, they would rather have whatever kind of fence that they want to have installed instead of the existing fence that is there. If there are just trees and they don’t have enough parking, people can drive through the trees and park in their parking lot. The only problem that they had at the beginning is the parking problem and now they don’t want to have a fence between the White Oak Condos and the church so we are going to have a problem. They can sit down and discuss it with the applicant. He thinks that this would be the best solution. He knows that the church is there now and they can’t do anything about it but he thinks that they have to consider the condo association’s problems too because of the people driving through and causing headaches for them. They would appreciate if the Commission agrees for the applicant to not remove the fence. They would rather have a solid fence because all of the people who live in the White Oak Road might not go to this church. Some of them might be a problem for them and a problem for us. Mr. Tolbert questioned whose property the existing fence is on? Responding to Mr. Tolbert, Mr. Sammander stated that they are not sure. They are in the process of surveying their lot now. Mr. Tolbert stated that it would be important to find out whose property that fence is situated on. Ms. Marie Hudson – 566 Gobbler Lane Milford, DE 19963 Ms. Hudson stated that she is one of the owners of White Oak Condominiums. Her concern is also the fence. From their survey where the stake was, it looks like the fence is on them. When you get to the other end of the fence, the cement marker is right at the fence line. It kind of looks like that fence is on both of them. Her other question is about the elimination of curbing. She was talking with Mrs. Melson-Williams today and she said that the elimination of curbing is up by the church; they are not talking about eliminating the curbing on the back of the parking lot on the north end. Where the church’s property is, it goes down into a berm and up into a hill. Her concern is that if there is no curbing there, the condominiums are going to get all of the water. They are looking at putting fences up at a lot of places on their property right now and that is why they are getting another survey because they have problems with people running through there. Police chasing people from the shopping center and then they get lost in the apartments. She is the Treasurer of the Association and she also owns 13 properties. Mr. Tolbert closed the public hearing. Ms. Edwards questioned if Mr. Adams was able to explain the fence that Ms. Hudson was just referring to? Responding to Ms. Edwards, Mr. Adams stated that the fence that they are talking about is an existing chain link fence and it is on the property of Lion Judah Ministry. The young 11

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 lady referred to fence possibly being on both properties. He is glad that they are getting the property is getting surveyed but there is some monumentation that he doesn’t necessarily agree with. The one stake that she was referring to that was there for only a couple of days; there is a pipe there, but he doesn’t agree with its location. It is about five feet too far in. Based on their information, they think that the property line runs more along the top of the berm that’s there. It’s great that they are getting a survey done so that they can both agree where that back line is located. In reference to the gentleman’s reference to maintaining the fence for the purpose of someone driving from Lion of Judah Ministry property to their property, that will not happen because someone will be seriously injured if that occurred. They will have curbing there and there is an existing berm that goes up and then comes back down. There is eight-foot width of trees being the opaque barrier as well. The one reason that they are considering taking the fencing down that’s in the back is simply because they have to plant these trees that are going to be the opaque barrier. The fencing would kind of be all entangled in the midst of it. Mr. Tolbert stated that there is an issue that needs to be resolved. It seems like the property on which the fence stands is in question. Until such time when they know where that fence stands, the property owner will have responsibility to deal with the fence and we don’t know who the property owner is at this point. He thinks that is a major concern. The motion should consider those factors and the waiver requests. Mr. Holt stated that maybe they should table this application until they get a little bit more information on the property and whose property the chain-link fence belongs to. There are some unknowns going on here that we should really know. Mr. Adams stated that this is really only an issue because they think it’s an issue. They did survey the property based on DelDOT right-of-way information and everything. When this property was originally broken out from the condominium property under prior ownership, this lot was taken out of the bigger piece. They have what’s left. The deed records show that the depth of the lot from White Oak Road in was two hundred feet in depth. Right now, it is one hundred ninety-five feet in depth because DelDOT took five feet. That leaves them with one hundred ninety-five feet at this point. The pipe that they saw or where the stake was, was further than that. If anything, this is working in their favor because they are picking up more property. He disagrees with the location of that pipe. Mr. Tolbert stated that currently it is an issue now. Responding to Mr. Tolbert, Mr. Adams stated not for him. The fencing belongs to Lion of Judah Ministry. Mr. Tolbert stated that it seems that it is an issue from what they are hearing from the residents. Mr. Holt moved to table application S-19-11 Lion of Judah Ministry Church at 951 White Oak Road until the next meeting, seconded by Mr. Baldwin and the motion was carried 7-0 by roll call vote. Mr. Holt voting yes. Mr. Baldwin voting yes. Mrs. Welsh voting yes. Ms. Maucher voting yes. Mr. Roach voting yes. Ms. Edwards voting yes; until there is a little bit more clarity so that both parties involved are a little clearer on the placement of the fence. Mr. Tolbert voting yes; for the reasons previously stated. 12

CITY OF DOVER PLANNING COMMISSION JUNE 17, 2019 NEW BUSINESS 1) Project for Dover’s 2019 Comprehensive Plan a. Update on Project Activities Mrs. Melson-Williams stated that Planning Staff continues to work on the Comprehensive Plan project. They have made pretty good progress on writing a text of chapters and they have started to do some of the map clean up. The information is posted on the website. She would still encourage them to look at what they have issued as the Preliminary Draft #2A: Goals and Recommendations and the Map Series that is there. They continue to take comments on them, and they hope to have a Staff Draft of the Comprehensive Plan in the next couple of weeks to do some staff level review of that. Just a reminder that it will have to go through a very public review process including PLUS Review which is a Preliminary Land Use Services review process with the State and then ultimately public hearings with both the Planning Commission and City Council. If you continue to have thoughts that is certainly helpful. Hopefully, they will be moving into a review process for that. Mr. Hugg stated that he was curious to see how many weeks Mrs. Melson-Williams was going to say to get a Staff Draft. A reminder to attend the Historic Preservation Workshop on Thursday evening. It is also important to our Comprehensive Plan efforts. If there are any concerns or issues, Staff would certainly like to hear from you. Mrs. Melson-Williams stated that she wanted to remind the Commissioners of the July meeting that will be held on Monday, July 15, 2019 at 7PM. with the deferment of two items this evening, they are currently processing eight applications that will be appearing before the Commission that evening. Be prepared for a very long evening. They have not seen that kind of volume in quite some time. Meeting adjourned at 8:34 PM. Sincerely, Kristen Mullaney Secretary 13

June 7, 2019 Dawn Melson-Williams, AICP City of Dover Department of Planning and Inspections P.O. Box 475 PLANNING OUR CLIENTS’ SUCCESS Dover, DE 19903-0475 RE: Plan Approval Extension BAY ROAD COMMERCIAL Application No. S-17-20 2016134.00 Dear Dawn: Per our previous conversations please accept this letter as a request to extend the approval for the above referenced project. As discussed in our previous meeting in may, we have submitted final plans to KCD, The Record Plan has been recorded consolidating the lots, and all final approvals from PW and Planning will be complete in the coming weeks. We would request an extension of one year to aid in our clients ability to secure permits and mobilize. We request that this be put on the agenda for the July 2019 Planning Commission meeting. If you should need any additional information, please don’t hesitate to call. If you have any questions or comments, please feel free to contact me. Sincerely, BECKER MORGAN GROUP, INC. BECKER MORGAN GROUP, INC. Jonathan N. H. Street Civil Designer A RCHITECTURE & ENGINEERING 309 SOUTH GOVERNORS AVENUE JDK/ DOVER, DELAWARE 19904 302.734.7950 FAX 302.734.7965 Enclosure RITTENHOUSE STATION 250 SOUTH MAIN STREET, SUITE 109 Cc: Mr. Bill Krapf, Bayroadcap LLC. NEWARK, DELAWARE 19711 302.369.3700 201613400bb-COD.ltr.doc PORT EXCHANGE 312 WEST MAIN STREET, SUITE 300 SALISBURY, MARYLAND 21801 410.546.9100 FAX 410.546.5824 A RCHITECTURE & P LANNING 3205 RANDALL PARKWAY, SUITE 211 WILMINGTON, NORTH CAROLINA 28403 910.341.7600 FAX 910.341.7506 www.beckermorgan.com

S-19-10 Parking Area of Dover Community Pharmacy at 1035 South Governors Avenue – Continued Review of a Site Development Plan Application for an additional 5,700 SF of pavement in the existing parking lot area at the rear of the building containing Dover Community Pharmacy. The project creates a revised total of fourteen (14) total parking spaces for the site. The subject property is 0.35 +/- acres located on the east side of South Governors Avenue, south of Wyoming Avenue. The property is zoned C-1A (Limited Commercial Zone). The owner of record is AK Investments, LLC. Property Address: 1035 South Governors Avenue. Tax Parcel: ED-05-077.17-07-09.00-000. Council District 2. It is noted that construction commenced prior to authorization or permits. Waiver Requests: Elimination of Curbing, Elimination of Fence Component of Opaque Barrier Requirement. • The Planning Commission conducted a Public Hearing and began consideration of S-19-10 at the June 17, 2019 meeting and deferred action pending submission of additional information. • A copy of the original DAC Report and plan submission documents is provided. • The following items have been received for review: o Revised Site Plan Sheet (dated 7/3/2019) showing the areas of pavement removal (including areas of encroachment onto adjacent property) and the curbing of landscape areas with curbstone edge. • Evaluation of the species of trees for the opaque barrier landscaping on the segment of the southern property line is on-going.

S-19-11 Lion of Judah Ministry Church at 951 White Oak Road – Continued Review of a Site Development Plan Application to permit construction of one-story 5,000 SF place of public assembly (church) building and associated site improvements. The subject property is 1.14 +/- acres. The property is zoned IO (Institutional and Office Zone). The property is located on the north side of White Oak Road and east of Halsey Road. The owner of record is L & S Davis Properties, Inc. Property Address: 951 White Oak Road. Tax Parcel: ED-05-068.14-05-85.00- 000. Council District 3. This property was rezoned from CPO (Commercial and Professional Office Zone) to IO (Institutional and Office Zone) by City Council at their November 13, 2018 meeting (Z-18-02; Ordinance #2018-08). Waiver Requests: Elimination of Fence Component of Opaque Barrier, Partial Elimination of Upright Curbing. • The Planning Commission conducted a Public Hearing and began consideration of S-19-10 at the June 17, 2019 meeting and deferred action pending submission of additional information. • A copy of the original DAC Report and plan submission documents (site plans and elevations) are provided. • The following items have been received for review: o Property Boundary Exhibit (depicts existing chain-link fence location) dated 7/5/2019

City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF July 3, 2019 PLANNING COMMISSION MEETING OF July 15, 2019 Plan Title: Office Building at 223 and 225 W. Division Street, S-19-13 Plan Type: Site Development Plan Lot Consolidation Plan Location: North side of West Division Street, east of North New Street Address: 223 and 225 West Division Street Tax Parcels: ED-05-076.08-05-28.00-000 and ED-05-076.08-05-29.00-000 Owner/Applicant: NCALL, Inc. Site Area: 5,120 SF +/- total Zoning: C-1A (Limited Commercial Zone) Previous Use: Commercial, Apartments (two buildings demolished) Proposed Use: Office building Building Area: 7,671 SF Parking Required: 0 spaces Parking Proposed: 3 spaces Sewer & Water: City of Dover Waivers Requested: Consideration of a Tree Mitigation Plan Elimination of Upright Curbing requirements

S-19-13 Office Building at 223, 225 West Division Street DAC Report of July 3, 2019 Page 2 City of CITY OF DOVER Dover Planning DEVELOPMENT ADVISORY COMMITTEE Office APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: July 3, 2019 APPLICATION: Office Building at 223 and 225 West Division Street FILE #: S-19-13 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY Review of a Site Development Plan and Lot Consolidation Plan Application to construct a three- story 7,671 SF office building together with associated site improvements. The subject properties to be combined total 5,120 feet and are located north side of West Division Street east of North New Street. The property is zoned C-1A (Limited Commercial Zone). The owner of record is NCALL, Inc. Property Addresses: 223 West Division Street and 225 West Division Street. Tax Parcels: ED-05-076.08-05-28.00-000 and ED-05-076.08-05-29.00-000. Council District 4. Previous Applications The applicant requested two variances for this site at the April 2019 meeting of the Board of Adjustment (Application #V-19-04). Both variances were from the requirements of Article 4 §4.14 of the Zoning Ordinance pertaining to the bulk standards in the C-1A (Limited Commercial Zone). The first variance was to allow the maximum number of stories permitted in the C-1A to be increased from two stories to three stories. The second variance was to allow to allow the maximum height in the C-1A zone to be increased from thirty (30) feet to thirty-four (34) feet. Both Variances were approved, and it is with these approved bulk standards that this current project is proposed. II. PROJECT DESCRIPTION The project as submitted by the applicant has two components: a Lot Consolidation Plan and a Site Development Plan. The property that is currently addressed as 223 West Division Street (1,600 SF) and the property currently addressed as 225 West Division Street (3,520 SF) are to be consolidated into one single parcel of 5,120 SF +/-. The Site Development Plan shows one main structure to be utilized as an office building for NCALL, along with associated site improvements. The properties are located on the northeast corner of West Division Street and North New Street. Along West Division Street to both the east and west are properties also zoned C-1A, containing a mix of uses, primarily residential uses including one-family residences which are a permitted use in the zone, as well as a church which is a nonconforming use in the zone. The properties to the north along North New Street are zoned RG-1 (General Residence Zone) and contain primarily one-family residences.

S-19-13 Office Building at 223, 225 West Division Street DAC Report of July 3, 2019 Page 3 The applicant has noted two waiver requests on their plans. The first is a Waiver Request from the Zoning Ordinance, Article 5 §16.62 for the tree density requirements, asking that they instead be permitted to plant the required two (2) trees on other properties of theirs in the City. The second Waiver Request asked for by the applicant is from the requirements of Article 6 §3.6(b) requiring that all permanent parking areas shall be enclosed with upright concrete curbing at least six inches in height. The applicant has stated that this waiver is needed to better facilitate stormwater management. Bollards are proposed in the parking spaces adjacent to the building. III. ZONING REVIEW C-1A (Limited Commercial Zone) and Lot & Bulk Standards The development site is zoned C-1A (Limited Commercial Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §12 and Article 4 §4.14. Business, professional, and governmental offices are listed as a permitted use in the C-1A zoning district. The proposed development went to the Board of Adjustment at their April 2019 meeting to see two variances both from Article 4 §4.14 pertaining to the bulk standards in the C-1A zone. The first variance was seeking to allow the maximum number of stories in the C-1A to be permitted to increase from two to three, and the second variance was to permit the maximum height of a building in the C-1A to be increased from thirty (30) feet to thirty-four (34) feet. Article 7 §1.3 permits the reconstruction or enlargement of a building to utilize its legal non- conforming bulk standards so long as said reconstruction or enlargement does not increase the degree of or create any new nonconformity. It is with these approved variances and the above referenced code provisions that the applicant has submitted their proposal. The standards for C- 1A are provided below along with those of the proposed project noting the two approved variances as well as the legal-nonconforming setbacks maintained from the previous structures on the property: Table 1: Required and Proposed Bulk Standards C-1A (Limited Commercial Applicant's Project Zone) Lot area - 5,120 SF Lot width (ft.) 25 64 Lot depth (ft.) - 80 Front yard (ft.) 25 4.7 None but 5 ft. minimum if Side yard (ft.) 4.2/ 3.7 provided Rear yard (ft.) 15 19.7 Side or rear yards which adjoin a 15 3.7 Residence zone (ft.) Off-street parking spaces Per 300 sq. ft. floor area or - N/A Per employee (whichever is greater) - N/A

S-19-13 Office Building at 223, 225 West Division Street DAC Report of July 3, 2019 Page 4 Maximum permitted: Building height Stories 2 3 Feet 30 34 Floor area ratio 1.5 1.498 IV. PARKING SUMMARY The C-1A zone (as noted above in Table 1) does not have a parking requirement, nor does the Zoning Ordinance contain any added parking requirements for the use of an Office. The applicant is however proposing to add three (3) parking spaces including one (1) handicapped space at the rear of the building, to be accessed directly off the rear alley. As the building design is refined, they are evaluating the proposed structural support system of the cantilevered rear section of the building to see if adjustments to the column locations can be made to increase the number of parking spaces. Bicycle Parking Bicycle parking is required at a ratio of one (1) space for every twenty (20) parking spaces. Based on the proposed three (3) regular spaces, one (1) bicycle parking space must be provided. The plan indicates that a bicycle parking facility with two (2) spaces is to be provided. V. SITE CONSIDERATIONS Site Entrance Vehicular access to the site will only be possible at the rear of the building where the applicant is proposing three (3) new parking spaces (or potentially more spaces) are directly accessed via the rear unnamed alley. No new drive aisles on the site or entrances off West Division Street or North New Street are proposed. Pedestrian Considerations The site is currently served by existing frontage sidewalk along both West Division Street and North New Street. The primary pedestrian access appears to be from North New Street, where two (2) sidewalks are proposed connecting the two doors on this frontage to the public sidewalk. There are additional doors proposed on the north and east sides of the building. There is no proposed door, however, on the West Division Street frontage. Lighting Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 footcandles at grade. Light shall also be deflected away from adjacent residential areas and shall not be distracting to traffic on adjacent roads. The plans do not include any details of the proposed lighting plan; however, the applicant anticipates building wall-mounted light fixtures will be implemented. There is existing street lighting at this intersection. Waiver Requested: Elimination of Upright Curbing The Zoning Ordinance, Article 6 §3.6(b) requires upright curbing for all parking areas and access drives. The plan does not include curbing for the parking lot area at the rear. A written waiver request for the elimination of curbing was submitted to the Planning Office for consideration by the

S-19-13 Office Building at 223, 225 West Division Street DAC Report of July 3, 2019 Page 5 City Planner. The Waiver Request submitted does note that bollards will be utilized so to ensure vehicles remain a safe distance from the building. Dumpsters Article 5 Section 6.12 requires that an office building of less than 50,000 SF provide a minimum of two (2) dumpsters for the first 16,000 SF of gross floor area, and one (1) additional dumpster for each additional 16,000 SF of gross floor area thereafter. As the building is proposed to be 7,671 SF a minimum of two (2) dumpster units will need to be provided. A Dumpster enclosure is required to screen the dumpster from view whenever these units are situated so that they will not be visible from any public right-of-way or from an adjacent property, as identified in Article 5 Section 6.11. No details for any either a dumpster pad or any possible dumpster enclosure are provided. Signage A separate Sign Permit application is required to be submitted for review prior to the installation of signage on the property pertaining to the building/site. VI. BUILDING ARCHITECTURE The applicant has submitted some architectural information for the building in the form of a series of renderings of the exterior of the building. The office building is three-stories in height, with the third story being built to be part of a gabled/mansard roof, coupled with a series of dormers. The main entrance appears to be on the North New Street elevation. The façade appears to be composed mostly of orange brick, with a red-brown brick watertable running along the bottom. The doors, window, and archways spanning the rear parking spaces all appear to be decorated in the same red-brown brick. There is an awning proposed over the main (North New Street) entrance. All four elevations of the building contain windows. VII. TREE PLANTING AND LANDSCAPE PLAN One (1) tree is required for every 3,000 SF of land area. This project site consists of a total lot area of 5,120 +/- SF which would require two (2) trees to be planted. A separate Landscape Plan sheet is not included in the submission. Request for Consideration of Tree Mitigation Plan Article 5 § 16.91(a) allows the Planning Commission to grant a waiver to mitigate the trees required to be planted to achieve tree density requirements. The applicant is proposing to do off- site tree mitigation. A written Waiver Request to allow for off-site tree mitigation for the required trees was submitted for consideration by the Planning Commission. The mitigation is requested primarily because the design of the site leaves little to no space for tree planting. The concept of the Tree Mitigation Plan is to plant one (1) tree each at both 18 and 28 North Kirkwood Street, which are residential properties that NCALL owns. NCALL is constructing a new one-family detached dwelling on each of these lots under Permits #18-1994 and #18-2001. Furthermore, Article 5 §15 of the Zoning Ordinance describes the landscape requirements for a new application, which are to be followed unless it can be demonstrated through the site plan

S-19-13 Office Building at 223, 225 West Division Street DAC Report of July 3, 2019 Page 6 review process that such features would be impractical or incompatible with a particular land use or site development proposal. The applicant has not submitted a landscape plan due to the limited availability of open space on the site for planting. However, the Site Plan showing the proposed project should identify what is intended for any area of the site that isn’t impervious. IX. CITY AND STATE CODE REQUIREMENTS The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) The Site Plan must be updated with changes recommended or approvals including any waivers granted by the Planning Commission. Add to plan as reference notes. 2) The tree planting requirement shall be provided in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission approving a Tree Mitigation Plan. A written waiver request for Tree Mitigation was submitted for consideration by the Planning Commission. It proposes the two (2) required tree plantings to be planted on two residential lots also held in their ownership. 3) Sheet 1/Cover Sheet: a) Please include tree density calculations, noting the tree mitigation plan proposed. b) Please note the setbacks required for a side or rear yard which adjoins a residential zone, as well as the setbacks actually provided. c) Please note the Floor Area Ratio proposed. 4) Sheet 2/Existing Conditions and Demolition Plan a) Please note that the previous structures have already been demolished. 5) Sheet 3/Site Plan & Lot Consolidation Plan: a) Please show the setback requirements. b) Please identify the exact boundaries of the alley at the rear of the building. c) Please identify the location of a dumpster pad or storage area for trash/recycling containers and show details of the enclosure if necessary. d) Please note the proposed Lot Coverage. e) Please note the distance between the building and the proposed sidewalk along North New Street. f) Please note the type of surface material used in between the proposed sidewalk and building (grass, mulch, etc.). 6) Please submit an Implementation Plan for the proposed off-site tree planting. The trees must be new plantings and must be planted in addition to any trees that would normally be required for the off-site properties’ development. 7) Please note that the Lot Consolidation Plan for the property is also its Record Plan, and this Plan must receive separate approval from the City and be recorded at the Kent County

S-19-13 Office Building at 223, 225 West Division Street DAC Report of July 3, 2019 Page 7 Recorder of Deeds prior to Final Plan Approval for the project. X. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Waiver Requested: Elimination of Upright Curbing: In accordance with Article 6 §3.6(b) related to the requirement for upright curbing, Staff has approved the request to eliminate the upright curbing requirement for the office building. Staff acknowledges that the applicant is proposing to install bollards to prevent any damage to surrounding infrastructure, and that curbing is thought to interfere with the planned conveyance of stormwater runoff. 1) Waiver Request and Consideration of Tree Mitigation Plan: Staff recommends conditional approval of the Tree Mitigation Plan thus allowing for the required tree plantings to be planted at off-site locations in the City of Dover. The potential locations for these off-site tree plantings are proposed to be residential properties currently owned by NCALL and planned to be developed. Staff notes the difficulty planting on this site due the limited amount of pervious areas available for suitable planting due to the impervious surface coverage of the site. a) The Plans must note the proposed sites of the tree mitigation. b) Additional comments on the specific proposed off-site planting location may be issued upon submission of an implementation plan for review. Other agencies may recommend additional considerations to meet code objectives in accordance with their areas of expertise. Action on all considerations identified in this section and by other agencies is at the discretion of the Planning Commission. XI. ADVISORY COMMENTS TO THE APPLICANT 1) The Planning Commission should act upon the request for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) In the event that major changes and revisions to the Site Development Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the building, relocation of site components like stormwater management areas and site entrances and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan.

S-19-13 Office Building at 223, 225 West Division Street DAC Report of July 3, 2019 Page 8 3) In the event that there are changes to the architecture, building footprints, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 5) Following Planning Commission approval of the Site Development Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. 6) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, parking requirements, etc. 7) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 8) Construction may have an effect on the adjacent property owners. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 9) The applicant shall be aware that Site Plan approval does not represent a Building Permit, Demolition Permits, and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JUNE 26, 2019 APPLICATION: Office Building at 223 & 225 West Division St FILE #: S-19-13 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department.

Office Building at 223 & 225 West Division St File #: S-19-13 June 26, 2019 Page 2 of 5 WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. A curb stop shall be installed one foot (1’) outside the right-of-way line. 5. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 6. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 7. Please depict the existing water services that were provided to the two (2) buildings that occupied this site. They shall be properly abandoned at the main if they are not being utilized. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures, including cleanouts.

Office Building at 223 & 225 West Division St File #: S-19-13 June 26, 2019 Page 3 of 5 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 8. Please depict the existing sanitary sewer laterals that were provided to the two (2) buildings that occupied this site. They shall be properly abandoned at the main if they are not being utilized. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. 3. It shall be unlawful for any person to tap or to have tapped any public storm sewer without a permit from the city manager. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. Please provide a turning diagram for the vehicles entering the parking area from the alley. SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide institutional customers with a maximum of two (2), 90-gallon trash containers and two (2) 90-gallon recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. A plan must be provided for review and approval. 3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. 4. If sanitation service is provided to this property, the containers shall only be placed in the alley for collection after 6:00am on the day of collection. GROUNDS 1. None GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC

Office Building at 223 & 225 West Division St File #: S-19-13 June 26, 2019 Page 4 of 5 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER /WASTEWATER / STORMWATER / SANITATION / GROUNDS / GENERAL 1. None STREETS 1. Since the construction entrance will be through the alley, the developer shall mill and overlay the existing alley for the width of the property. 2. Please install truncated domes on each side of the existing alley on the sidewalk. 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. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees may be required for this proposed site plan. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, the sanitary sewer system plans may be required to be submitted to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Wastewater impact fees may be required for this proposed site plan. STORMWATER / GROUNDS / STREETS / SANITATION 1. None. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.

Office Building at 223 & 225 West Division St File #: S-19-13 June 26, 2019 Page 5 of 5 I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F S-19-03 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: 06/26/19 D S O H V A E L APPLICATION: Office Building at 223 and 225 West Division Street R FILE #: S-19-13 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is business 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 30% (15% if sprinklered) and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 6. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13,

Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de- sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 7. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 8. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 9. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 10. Fire Alarm System required per occupancy code requirements. (NFPA 101, 38.3.4) 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) 11. Sprinkler system TBD. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (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) 12. 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. 13. 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) 14. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 15. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of the connection and extend for a distance of four feet (4') on both sides, and where parking is allow between the building and the street or fire lane the solid yellow demarcation lines shall extend from the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum 12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches (3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly visible from the fire lane or roadway, and signs using NFPA international symbols shall be an acceptable alternative. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 16. 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) 17. 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)

18. 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 19. 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. 20. All new passenger elevators in a building shall be provided with a car sized to accommodate an ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where two or more new passenger elevators are located in a single hoist way and serve all or the same portion of the building, only one elevator car that provides a car sized to accommodate an ambulance cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall be placed inside on both sides of the hoist way door frame. Firefighter recall keys shall be provided in a manner acceptable to the local fire department. (2015 Delaware State Fire Prevention Regulations 705, Chapter 1, 15) 21. Project to be completed per approved Site Plan. 22. Full building and fire plan review is required. 23. 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. 24. Construction or renovations cannot be started until building plans are approved. 25. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 26. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Need to confirm what the address will be 2. A discussion will need to take place with the Fire Marshal, Chief Building Inspector, owner, and architect in reference to the “parking area” and if it needs to have a fire suppression system. Is the proposed building sprinklered? If yes, is the parking area included? 3. Ensure that there are proper clearances to adjacent properties per building and fire codes 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: June 26, 2019 T =============================================================== APPLICATION: NCALL Office Building (223 & 225 W. Division Street) FILE#: S-19-13 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The parcel will be required to obtain a Letter of No Objection for the Site/Record Plan and Entrance Plan approval from DelDOT for the proposed development. 2. The developer and the engineer shall submit a pre-submittal meeting request through the PDCA to begin the plan review process.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY July 2019 APPLICATION: Office Building at 223 and 225 W. Division Street FILE #: S-19-13 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to the approval of and/or issuing of permits for the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: 1. Projects that are one acre of land disturbance or less and stormwater management is not required may be eligible for approval under a non-residential standard plan. The standard plan and application must be submitted to, reviewed, and approved by The Kent Conservation District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The application and requirements can be found on the KCD web site WWW.KENTCD.ORG .

City of Dover DATA SHEET FOR CONDITIONAL USE REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF July 3, 2019 PLANNING COMMISSION MEETING OF July 15, 2019 Plan Title: Lands of TDM, LLC 230 North Governors Avenue C-19-03 Plan Type: Conditional Use Plan Property Location: West side of North Governors Avenue, south of Mary Street Property Address: 230 North Governors Avenue Tax Parcel: ED-05-076.08-02-700.000-000 Owners: TDM, LLC Present Use: One Family Residence Proposed Use: One Family Residence to be occupied as a student home Sewer & Water: City of Dover Zoning Classification: RG-1 (General Residence Zone) P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

C P CITY OF DOVER I L T A DEVELOPMENT ADVISORY COMMITTEE Y N N APPLICATION REVIEW COMMENTARY O I F N D.A.C. MEETING DATE: July 3, 2019 G D O V APPLICATION: Land of TDM, LLC – 230 North Governors Avenue E R FILE #: C-19-03 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Tracey Harvey, Planner PHONE # (302) 736-7196 I. PLAN SUMMARY: This Conditional Use Review is to permit the conversion of an existing one-family residential dwelling into a Student Home for (4) four persons. The property is zoned RG-1 (General Residence Zone). The property consists of 3,458 SF and is located on the west side of North Governor Avenue, south of Mary Street. The owners of record are TDM, LLC. The property address is 230 North Governors Avenue. Tax Parcel: ED-05-076.08-02-70.00-000. II. PROJECT DESCIPTION The project is located on the west side of North Governors Avenue, in between Cecil Street and Mary Street. The properties to the north, south, east and west are buildings constructed as single- family houses zoned RG-1 (General Residence Zone). In the blocks to the southeast is the Wesley College campus. The Conditional Use Plan proposes to convert an existing one-family home into student housing for four (4) persons. There are no proposed additions to the building. The front of the dwelling faces Governors Avenue with sidewalks and a front porch with the entrance to the dwelling. There are two existing off-street parking spaces at the rear of the property with access off the alley. There is also on-street parking located in front of the property on Governors Avenue. III. CONDITIONAL USE: The proposed use for student housing under the Zoning Ordinance provisions within the RG-1 Zoning District in Article 3 § 2 (d) may be permitted as a Conditional Use Review with approval by the Planning Commission. Zoning Ordinance amendments adopted January 13, 2003 made student homes in the RG-1 and RG-2 zones subject to Conditional Use approval and specific restrictions. See the following code excerpts for the definition of “student home” and specific criteria. Student Home: The term "student home" shall mean a building, structure, dwelling or other form of construction that provides [a] domicile and living arrangements for three or more students, unrelated by blood, marriage, or legal adoption, that are matriculated students at a college or university, or that are in the process of attending a college or university, or who are on a semester or summer break from studies at a college or university, or any combination of such

C-13-03 Lands of TDM, LLC 230 N. Governors Avenue. DRAFT DAC Report – June 26, 2019 Page 2 persons. The term "student home" shall not be construed to include or be synonymous with the terms "fraternity house, sorority house, dormitory, community residential treatment center, homeless shelter," or "halfway house." A "student home" is subject to the provisions of appendix B, zoning ordinance, article 3, district regulations, section 2, general residence zones (RG-1 and RG-2), subsection 2.4(d). Article 3 Section 2 2.4 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: (d) Student homes subject to the following siting and bulk criteria: i. No student home shall be located closer than 500 feet from any other student home. ii. The maximum allowable occupancy shall be four persons or the occupancy limit as determined by the building and fire codes adopted by the City of Dover, whichever is less. iii. Two off-street parking spaces shall be provided per dwelling unit. iv. A student home shall not be permitted to be established within any semi-detached dwelling, duplex dwelling, group dwelling, or townhouse dwelling unit. v. Buildings or groups of buildings on the same lot with 15 or more units on the lot shall not be subject to the student home regulations. vi. Student homes shall be licensed under chapter 10, Housing Code [chapter 22, Buildings and Building Regulations], article V [X], Rental Dwellings, of the Code of Ordinances. vii. Student homes shall be subject to the provisions of chapter 10, Housing Code [chapter 22, Buildings and Building Regulations], article III [VIII], Leases, of the Code of Ordinances. This is the first “Student Home” to be considered under these Conditional Use provisions. While there may be other dwelling units housing students, they may have been established prior to 2003 therefore considered legal non-conforming properties; they made in properties that are not zoned RG-1; or they house less than 3 students which doesn’t meet definition. This Conditional Use is subject to the requirements of Article 10 §1 further discussed below. 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: 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

C-13-03 Lands of TDM, LLC 230 N. Governors Avenue. DRAFT DAC Report – June 26, 2019 Page 3 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. 1.4 Conditional use permits. 1.41 Conditional use approval. Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that: (A) The provision in this ordinance under which such permit was issued is still in effect; (B) Such permit was issued in conformity with the provisions of this ordinance; and (C) Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. 1.42 Periodic renewal of conditional use permit. The commission may require that conditional use permits be periodically renewed. Such renewal shall be granted following public notice and hearing in accordance with subsection 1.53. The commission may withhold approval of the renewal upon a determination by the city planner to the effect that such conditions as may have been prescribed by the commission in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. IV. SITE CONSIDERATIONS Parking Zoning Ordinance, Article 4 §4.3 "Zoning Bulk and Parking Regulations" for RG-1 requires a minimum of one (1) parking space per dwelling unit. However, the criteria for a “student home”

C-13-03 Lands of TDM, LLC 230 N. Governors Avenue. DRAFT DAC Report – June 26, 2019 Page 4 requires two (2) off street parking spaces. The site will utilize the two (2) 9x18 existing parking spaces located on the site. The parking is located in the rear of the property off the alley. Sidewalk There is an existing sidewalk along North Governors Avenue. Sanitation Services/Recycling Trash/Recycling collection will be serviced by the City of Dover at the rear of the building along the alley. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. V. 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) Provide an Owner’s Certification on the Plan sheet. See text below. OWNER’S CERTIFICATION: I, _______________________, hereby certify that I am the owner of the property described and shown on this plan, that the plan was made at my direction, and that I acknowledge the same to be my act and desire the plan to be developed as shown in accordance with all applicable laws and regulations. DATE ___________________ SIGNATURE _____________________________ 2) Define on the Plan that the two off street parking spaces are existing, and there is an existing gravel surface. VI. 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) Staff recommends approval of Conditional Use for the conversion of an existing single-family home into a Student Home for a maximum of four (4) persons. The

C-13-03 Lands of TDM, LLC 230 N. Governors Avenue. DRAFT DAC Report – June 26, 2019 Page 5 Zoning Ordinance allows up to five (5) unrelated people to occupy a dwelling unit in any residential zone without a Conditional Use. There may be existing student housing units in the RG-1 zone that were established prior to 2003 before the amendment was adopted to require a Conditional Use in the RG-1 zone for Student Homes. To deny a Conditional Use for a Student Home could single out a group people in a zoning district that allows the Use for other groups or persons within the zone. This property has been a Rental unit (single family dwelling) since October 2016 per our Rental Dwelling Permit licensing records. This new owner seeks to utilize it specifically as a Student Home based on the proposed tenants. 2) A minimum of two off-street parking spaces must be maintained on the property. VII. ADVISORY COMMENTS TO THE APPLICANT: 1) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 2) Following Planning Commission approval of the Conditional Use, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 3) The applicant shall be aware that the Conditional Use 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. 4) The property is subject to the Rental Dwelling Permit Program. A rental license will be required annually for the property if it remains a rental property. 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: JUNE 26, 2019 APPLICATION: Lands of TDM, LLC: Student Home at 230 North Governors Avenue FILE #: C-19-03 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.

Lands of TDM, LLC: Student Home at 230 North Governors Avenue File #: C-19-03 June 26, 2019 Page 2 of 3 STORMWATER / SANITATION / GROUNDS / STREETS 1. None GENERAL 1. The final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. 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 to obtain an accurate existing plumbing fixture count. STORMWATER / GROUNDS / STREETS / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. WATER 1. Water impact fees may be associated with this project. 2. 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. WASTEWATER 1. Wastewater impact fees may be associated with this project. 2. 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 / STREETS / GROUNDS 1. None SANITATION 1. Currently, the solid waste on this site is being serviced by the City of Dover, further review would be merited if the current sanitation condition changes. GENERAL

Lands of TDM, LLC: Student Home at 230 North Governors Avenue File #: C-19-03 June 26, 2019 Page 3 of 3 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.

C F C-19-03 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: 06/26/19 D S O H V A E L R APPLICATION: Lands of TDM, LLC Student Home at 230 North Governors Ave FILE #: C-19-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is student housing per City Code 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) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Code Enforcement conducted an annual housing inspection on 05/27/19 with no violations. 2. Property has an active single-family rental license. 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: June 26, 2019 T =============================================================== APPLICATION: TDM LLC (230 North Governors Avenue) FILE#: C-19-03 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No Objection to the Conditional Use application for four students in a single family home.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY July 2019 APPLICATION: Lands of TDM: Student Home at 230 N Governors Ave FILE #: C-19-03 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. 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.

City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF July 3, 2019 PLANNING COMMISSION MEETING OF July 15, 2019 Plan Title: Assemblée Chretienne International Ministry Plan Type: Conditional Use Plan Property Location: On the north side of Walker Road east of Independence Boulevard Property Address: 1203-1209 Walker Road Owner: Kent Lifecare LLC Applicant: Assemblée Chretienne International Ministry Tax Parcel: ED-05-067.18-01-76.00-000 Present Zoning: R-8 (One Family Residence Zone) Property Area: 16.26 acres Site Area: 1.9 acres Current Uses: Assisted living facility, radio tower, and vacant former radio station building Proposed Uses: Assisted living facility, radio tower, and place of worship Building Areas: 55,539 SF (existing assisted living facility) 1,556 SF (existing vacant radio station building/proposed place of worship) Off Street Parking: Existing – 52 spaces in assisted living facility parking lot Proposed – 12 new spaces to be striped in paved area near proposed place of worship building 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: July 3, 2019 APPLICATION: Assemblée Chretienne International Ministry at 1203 Walker Road FILE #: C-19-04 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Eddie Diaz, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY Review of a Conditional Use Plan Application to permit a place of worship in an existing 1,556 SF vacant building to the rear of 1203-1209 Walker Road. The portion of the property to be leased to the place of worship consists of 1.9 acres and is in the northwest corner of the parcel. Parking is to be provided in an existing paved area in front of the building. The front of the parcel and the main building on the property is occupied by Dover Place, a senior assisted living facility. The property is zoned R-8 (General Residence Zone). The owner of record is Kent Lifecare, LLC. Property Address: 1203-1209 Walker Road. Tax Parcel: ED-05-067.18-01-76.00- 000. Council District 4. Previous Applications The main building on the property, a 55,539 SF assisted living facility then known as Capitol Place Assisted Living, was originally conditionally approved by the Planning Commission on February 16, 1998 under Application #C-98-2. The facility was reviewed and approved as a Planned Neighborhood Design- Senior Citizen Housing Option (PND-SCHO) and as a conditional use. The facility is now known as Dover Place. The 1,556 SF vacant building that is the subject of this application, formerly used as the offices of a radio station, predates development of the assisted living facility. A radio tower still stands on the property, one of three originally existing. As the applicant did not prepare a Site Plan in connection with their application, they instead provided a copy of a site plan sheet from the 1998 development of the property as reference for the locations of existing structures, drive aisles, parking, and other site features. This reference plan, together with the parking plan and architectural information they provided, made up the applicant’s initial submission. The applicant’s revised submission, provided July 5, 2019, also includes a written description of the activities to occur at the place of worship, an updated parking plan, and an updated architectural submission. II. PROJECT DESCRIPTION The applicant proposes to use the existing 1,556 SF building at the rear of the property as a place of worship. The applicant has provided a written description of the activities to take place at the

C-19-04 Assemblée Chretienne International Ministry at 1203-1209 Walker Road DAC Report of July 3, 2019 Page 2 place of worship, which is attached to this Report. The building is to undergo both interior and exterior renovations to fit it out for the proposed use. At present, no changes are proposed to the site except striping of the parking lot associated with the building. However, changes to the site may be required in order to bring the proposed use into compliance with the Zoning Ordinance. The use is a Conditional Use and must be approved by the Planning Commission in order to be instated. The building and parking area have an associated lease area totaling 1.9 acres in size. This lease area is located in the northwest corner of the site and includes the building, the parking lot, the radio tower, and some landscape areas. The applicant provided an exhibit showing the delineated boundaries of the lease area, which is attached to this Report. Adjacent uses on other properties include townhouses zoned RG-3 (Group Housing Zone) along Old Forge Drive to the north, one-family detached residences zoned R-8 along Hitching Post Drive and Kent Circle to the east, and a nursing home known as Cadia Healthcare zoned IO (Institutional and Office Zone) to the west. Large woodland areas lie between the building and the neighboring uses on the east and west, but only two lines of trees separate it from the townhouses to the north. These two lines of trees were planted when the assisted living facility on the property was first developed. III. ZONING REVIEW R-8 Zoning District The proposed use would be conditionally permitted in the R-8 Zone as a place of worship. 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.

C-19-04 Assemblée Chretienne International Ministry at 1203-1209 Walker Road DAC Report of July 3, 2019 Page 3 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. Subsections iv. and v. above would be applicable to this site. Staff has determined that the building meets the setback regulations with a 30-foot setback from the north property line and a 25-foot setback from the west property line. The building is approximately 900 feet and 660 feet from the south and east property lines respectively. The 1,556 SF building takes up about 1.8% of the 1.9-acre lease area. 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 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: Article 10 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

C-19-04 Assemblée Chretienne International Ministry at 1203-1209 Walker Road DAC Report of July 3, 2019 Page 4 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. IV. PARKING SUMMARY Article 6, §3.1 of the Zoning Ordinance provides the parking requirements for places of worship. The requirement is one space for every four (4) seats. For this place of worship with fifty (50) seats, a total of thirteen (13) parking spaces are required. The applicant initially provided a diagram showing twelve (12) parking spaces to be striped in the existing parking area. This diagram was not to scale, however, and based on the known dimensions of the parking area at 46 feet wide by 96 feet long, Planning Staff estimated that only nine (9) parking spaces would be able to fit in this area, including one ADA space, while still leaving maneuvering room for cars to enter and exit. In response to this, the applicant provided a revised parking diagram showing nine (9) spaces. Though an improvement on the original, it is still not clear that parking can be provided in the new configuration shown, given the minimum 9-foot width for parking spaces required by the Zoning Ordinance. The viability of the parking plan will have to be confirmed prior to Final Approval of the Conditional Use Plan. Because these nine (9) spaces do not meet the parking minimum for a fifty (50) seat place of worship, the applicant has two options. One is to reduce the seat count to 36 seats (9 spaces times 4 seats per space equals 36 spaces). Another is to find additional parking elsewhere. There are 52 parking spaces elsewhere on the property that were originally built for the assisted living facility. Because assisted living facilities do not have a specific defined ratio of required parking spaces under the PND-SCHO provisions, the place of worship could potentially share these spaces. It would have to be demonstrated to the satisfaction of the Planning Commission that the parking provided to the assisted living facility will remain sufficient; see Zoning Ordinance, Article 3 §24.52. In order to share the parking spaces with the assisted living facility, the place of worship would also need to get permission from the property owner. The applicant has provided a letter from the owner granting this permission, which is included in the attachments to this Report.

C-19-04 Assemblée Chretienne International Ministry at 1203-1209 Walker Road DAC Report of July 3, 2019 Page 5 The applicant should note that under Zoning Ordinance, Article 6 §5.41, the City requires parking spaces to be striped whenever space is provided for the parking of ten (10) or more vehicles in the open. Therefore, striping of the parking area is not required by default, except for the ADA space. The Planning Commission may still request the spaces be striped as part of the Conditional Use approval. The applicant should also note that laying down a gravel parking lot would be prohibited, and that parking on the grass is prohibited at all times. These options are prohibited under Zoning Ordinance, Article 6 §3.6(a). Bicycle Parking Because a Site Development Plan is not associated with this application, there is no default requirement to provide new bicycle parking. The Planning Commission may still request bicycle parking to be provided as part of the Conditional Use approval. The revised parking diagram includes a bike rack because Staff stated that they would recommend the Planning Commission request bicycle parking as a condition of approval. V. SITE CONSIDERATIONS Entrances and Drive Aisles The parking area for the place of worship is connected to the newer drive aisles surrounding the assisted living facility by a much older 17-foot wide, 170-foot long drive aisle. The Zoning Ordinance specifies that the minimum drive aisle width for two-way traffic is 20 feet (Zoning Ordinance Article 6 §3.5). The existing drive aisle is considered legal nonconforming and there is no default requirement to upgrade it. However, the Planning Commission may still request an upgrade as part of the Conditional Use approval. Bicycle & Pedestrian Considerations There is existing street frontage sidewalk on Walker Road, and a sidewalk also extends into the site up to and around the assisted living facility. The sidewalk does not extend as far back into the site as the proposed place of worship building, however. Because a Site Development Plan is not associated with this application, there is no default requirement to provide a new connecting sidewalk. However, the Planning Commission may still request sidewalk be placed as part of the Conditional Use approval. The site is connected to the City’s bicycle network via the wide shoulders on Walker Road. Dumpsters The Zoning Ordinance does not specify a specific dumpster requirement for places of worship. The applicant is therefore required simply to provide the building with trash collection services adequate to serve the new place of worship. This may be done by providing a new trash pickup location near the building or sharing an existing one with the assisted living facility. Any new trash collection locations must be screened from adjacent properties. Collection shall be done by private contractor, and receptacles for both trash and recycling must be provided.

C-19-04 Assemblée Chretienne International Ministry at 1203-1209 Walker Road DAC Report of July 3, 2019 Page 6 Lighting There is no specific lighting requirement for residential zones in the Zoning Ordinance. The applicant is encouraged to consider whether new building or site lighting may be needed and if so draw up plans accordingly. VI. BUILDING ARCHITECTURE The building is an existing building with changes proposed to the interior and exterior. The applicant submitted a floor plan showing the proposed layout. The building features a lobby, two toilets, a mechanical room, an office, and a 50-seat sanctuary with a stage. Entrances are to be provided on both the front and rear of the building. The revised architectural submission shows the changes to the front exterior of the building, including a new entrance canopy with two steps leading up and an ADA ramp. Other proposed changes include changing the rear double door to a single door, un-boarding most of the windows, and permanently sealing up two windows that would otherwise look into the bathrooms. As overall the exterior of the building will not change significantly, the applicant provided photos to show the exterior appearance; these show the building to have a shingled gable roof, stucco walls, and siding on the open faces of the gable. VII. TREE PLANTING AND LANDSCAPE PLAN All projects requiring approval by the Planning Commission must meet the woodland preservation requirements of Zoning Ordinance, Article 5 §16.5 and the tree preservation and planting in non-woodlands requirements of Zoning Ordinance, Article 5 §16.6. The proposed place of worship would not clear any of the existing woodlands on the site. For non-woodland areas, a tree density must be achieved of one (1) tree for every 3,000 SF of development area. When the assisted living facility was developed in 1998, it was provided with new tree plantings. These included trees around the building and two rows of trees towards the rear of the property, which were intended to screen the facility from the townhouses to the north. These two rows of trees are within the lease area for the place of worship. A total of 74 new trees were planted, including 26 on the radio station lease parcel. These trees, however, do not meet the overall tree density requirements of the property. The applicant will be required to meet the tree density requirement for their lease area of the site only. This is because their lease area can act as the required Development Area under Zoning Ordinance Article 5 §16.2. The delineated metes and bounds of the lease area may be considered de-facto property lines for the purpose of defining the Development Area. Based on the 1.9-acre size of the lease area/Development Area, a total of 28 trees are required. Because 26 trees are already provided, the applicant will need to plant two (2) more trees. The parking diagram shows four (4) new trees of unidentified species adjacent to the parking lot. The locations of all existing and new trees to be counted toward the tree density requirement must be shown on a Landscape Plan to be included in the final Conditional Use Plan.

C-19-04 Assemblée Chretienne International Ministry at 1203-1209 Walker Road DAC Report of July 3, 2019 Page 7 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 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 detailed written description of the proposed activities on the property, including hours of operation. A written description has been provided for review. b. A to-scale map of the property which depicts the following: i) All existing site features that are to remain unchanged, including buildings, drive aisles, sidewalks, etc. ii) Any new required site features, including the new parking area striping, any changes to drive aisles or sidewalks, etc. iii) Delineation of the lease area boundaries. iv) Tax parcel identification number. v) Name and address of the owner of record. vi) Name and address of the person, firm, or organization preparing the map. vii) Date, north point, and written and graphical scale. viii) The location and names of adjacent streets. ix) The location, zoning, and owners of record of all adjacent properties. 2) The Conditional Use Plan must include notes indicating the action taken by the Planning Commission with regard to any conditions of approval. The plan must reflect all changes required by the Planning Commission. 3) The Conditional Use Plan must include a Landscape Plan showing the existing 26 and required two (2) new trees needed to meet the tree density requirements of the project. This Landscape Plan must meet the requirements of Zoning Ordinance Article 5, Section 16.81, including the requirement that it be prepared by or in conjunction with a design professional. 4) The Conditional Use Plan must show the trash collection strategy for the site, including any new trash pickup locations and any required screening. 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 must be complied with. 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

C-19-04 Assemblée Chretienne International Ministry at 1203-1209 Walker Road DAC Report of July 3, 2019 Page 8 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: 1) To further subsection 1.31 related to size and intensity of operations in residential zones, Staff recommends that the parking area in front of the proposed place of worship be striped to show the locations of the parking spaces within it. 2) To further subsection 1.31 related to size and intensity of operations in residential zones, Staff recommends that the drive aisle leading from to the place of worship from the assisted living facility be expanded from seventeen (17) feet to twenty (20) feet wide. 3) To further subsection 1.31 related to size and intensity of operations in residential zones, Staff recommends that a five (5) foot wide sidewalk be laid parallel to the drive aisle and be made to connect to the existing sidewalk loop around the assisted living facility. 4) 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. 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 site design including such items as building dimensions and height, building openings, and fire protection needs, etc.

C-19-04 Assemblée Chretienne International Ministry at 1203-1209 Walker Road DAC Report of July 3, 2019 Page 9 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. 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: JUNE 26, 2019 APPLICATION: Assemblée Chretienne International Ministry at 1209 Walker Road FILE #: C-19-04 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 does not have an objection to the conditional use of this project, provided the following conditions are met: 2. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 3. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted

Assemblée Chretienne International Ministry at 1209 Walker Road File #: C-19-04 June 26, 2019 Page 2 of 3 in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 4. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 5. Each property shall be served by a single water service line which shall be furnished and installed by the property owner. In the event a property contains multiple principle structures, such as a shopping center or apartment complexes, the property shall be served by a single water main where a water service line may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate water services. 6. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. WASTEWATER 1. Our office does not have an objection to the conditional use of this project, provided the following conditions are met: 2. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 3. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 4. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 5. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures, including cleanouts. 6. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 7. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 8. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 9. Each property shall be served by a single sanitary sewer lateral which shall be furnished and installed by the property owner. In the event a property contains multiple principle structures, such as a shopping center or apartment complexes, the property shall be served by a single sanitary sewer main where a sanitary sewer lateral may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate water services. STORMWATER / GROUNDS / STREETS / SANITATION 1. None

Assemblée Chretienne International Ministry at 1209 Walker Road File #: C-19-04 June 26, 2019 Page 3 of 3 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/. SANITATION 1. This property is currently serviced by a private solid waste hauler. That practice shall continue with the development of this building. STREETS / WATER / WASTEWATER / 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. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Water impact fees may be associated with this project. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Wastewater impact may will be associated with this project. STORMWATER / STREETS / GROUNDS / 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-19-04 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: 06/26/19 D S O H V A E L APPLICATION: Assemblee Chretienne International Ministry at 1209 Walker Rd R FILE #: C-19-04 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: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is assembly. 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 50% (25% if sprinklered) and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 6. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or

36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de- sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 7. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 8. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 9. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 10. Fire Alarm System TBD per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall

be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 11. Sprinkler system TBD. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (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) 12. 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. 13. 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) 14. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 15. 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) 16. 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) 17. TBD A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required.

Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level. 18. 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. 19. Project to be completed per approved Site Plan. 20. Full building and fire plan review is required. 21. 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. 22. Construction or renovations cannot be started until building plans are approved. 23. 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. 24. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. This is a change in occupancy classification. Complete plan submissions must be made to the Chief Building Inspector by a licensed/authorized design professional. This submission shall show the occupant load per code at which time it will be determined if a fire alarm system and/or sprinkler system is required. Item #’s 8, 9, 10, 11, 12, 13, 14, and 17 listed above will be addressed at that time. 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: June 26, 2019 T =============================================================== APPLICATION: Assemblee Chretienne International Ministry (1209 Walker Road) FILE#: C-19-04 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The parcel will be required to obtain a minimum of Letter of No Objection for the Site/Record Plan approval from DelDOT for the proposed development. 2. The developer and the engineer shall submit a pre-submittal meeting request through the PDCA to begin the plan review process.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY July 2019 APPLICATION: Assemblee Chretienne International Ministry FILE #: C-19-04 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. 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.

2 1 1 PRINTED PURPOSE 07/05/19 FOR REVIEW RENOVATION AND ADDITION FOR W.F.HORN 1203 WALKER ROAD 30866 E. SALLIE ROSS BEND MILTON, DELAWARE DOVER, DELAWARE PHONE: 302-674-1620 302-231-2176 COPYRIGHT C 2018 W.F.HORN ARCHITECT, INC.

City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF July 5, 2019 PLANNING COMMISSION MEETING OF July 15, 2019 Plan Title: Luther Village Parking Lot Expansion Luther Village Planned Neighborhood Design – Senior Citizen Housing Option Plan Type: Conditional Use Site Plan Associated Plans: C-02-02 Conditional Use Master Plan for PND-SCHO S-03-07 Luther Village PND-SCHO: Phase 1 S-07-10 Luther Village PND-SCHO: Phase 2 C-13-03 Luther Village PND-SCHO: Master Plan and Phase 3 Owner: Luther Village III of Dover Inc. (Phase 3 Area) Site Area: Luther Village Total Area – 33.63 +/- acres Phase 3 – 2.85 acres Present Use: Planned Neighborhood Design Senior Citizen Housing Option Residential (Phases 1, 2, and 3 - Apartment Buildings and Resident Activity Room Building) Agricultural Proposed Use: Same with Parking Lot Expansion Overall Project: Planned Neighborhood Design Senior Citizen Housing Option Apartment Buildings with Town Center building Nine Phases: 8 Apartment Buildings (524 units) Resident Activity Room Building (3,566 S.F.) Town Center Building (14,000 +/- S.F.) Number of Dwelling Units: Phase 1 (complete) - 68 dwelling units (1 apartment building) Phase 2 (complete) - 32 dwelling units (1 apartment building) Phase 3 (complete) - 48 dwelling units (1 apartment building) Off Street Parking: Phase 1 – 68 parking spaces including 3 handicapped, 1 loading space Phase 2 – 36 parking spaces including 3 handicapped, 1 loading space Phase 3 – 68* parking spaces including 3 handicapped, 1 loading space (*3 spaces to be removed for pedestrian access route – new total to be 65 spaces) Parking Lot Expansion – 34 parking spaces including 2 handicapped P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Sewer & Water: City of Dover Zoning Classification: RG-2 General Residence Zone Planned Neighborhood Design: Senior Citizen Housing Option PND Considerations: Alternative Design Standards Approved for PND: Building Setback from Property Line Building Spacing Building Height Number of Stories Average Number of Dwelling Units Per Building Off-Street Parking Reduction Waivers Requested: Partial Elimination of Curbing

City of Dover Planning Office CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: July 3, 2019 APPLICATION: Luther Village Parking Lot Expansion located in Luther Village Planned Neighborhood Design: Senior Citizen Housing Option (Luther Village Phase 3) FILE #: C-19-05 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn E. Melson-Williams, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY: This Plan is for review of a Conditional Use Site Plan Application to permit the construction of an additional 10,609 +/- SF of paved parking area providing thirty-four (34) parking spaces for a total of ninety-nine (99) parking spaces in the Luther Village Phase III area. The subject property area consists of 2.85 acres +/- and is located east of John Hunn Brown Road and northwest of Babb Drive as a portion of the Luther Village complex. The property is zoned RG-2 (General Residence Zone). The owner of record is Luther Village III of Dover. Property Address: 101 Babb Drive – Building 3. Tax Parcel: ED-05-077.06-02-90.03-000. Previous Applications: The subject site for Luther Village is located east of John Hunn Brown Road and west of the continuation of Babb Drive in Dover, Delaware. This area is northeast of and adjoining the Dover Crossing Shopping Center (Target and Safeway). The subject site was originally part of a 122.3+/- acre property previously proposed as the Amberfield Subdivision. A Minor Lot Line Adjustment plan recorded on May 30, 2002 created a thirty-four (34) acre parcel for the Luther Village PND: Senior Citizen Housing Option project. The remaining area was later approved for a separate residential development with the application for Clearview Meadow: Planned Neighborhood Design (C-04-01 and SB-04-04). The Master Plan (C-02-02) approved by the Planning Commission in June 2002 and updated Plan (C-13-03) approved in May 2013 for the Luther Village Planned Neighborhood Design-Senior Citizen Housing Option Plan encompasses a total of nine (9) development phases with eight (8) apartment buildings and a town center building for the senior citizen community. The Planning Commission subsequently has reviewed each phase of construction and three phases are completed to date. Luther Village Phase 1 (Application S-03-07) involved the southwest portion of the Luther Village site for a 68-unit three story apartment building, an active recreation walking trail area and with the stormwater management located in the northwest corner of the site. Luther Village Phase 2 (Application S-7-10) consists of a 32-unit two story apartment building. Luther Village Phase 3 (Application C-13-03) consists of a 48-unit four story apartment building and a

C-19-05 Luther Village Parking Lot Expansion Luther Village III: Planned Neighborhood Design: Senior Citizen Housing Option DAC Report of July 3, 2019 Page 2 one story 3,566 SF resident activity room building. The buildings are interconnected. II. PROJECT DESCRIPTION Current Application: This application proposes construction of an additional parking lot on the Luther Village Phase 3 parcel. The parking lot identified for guest parking takes access from the on-site loop road. It is to consist of thirty-four (34) parking spaces including two handicapped spaces. The project includes an identified pedestrian connection to the Phase 3 apartment building and the Resident Activity Room Building. III. ZONING REVIEW 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: 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

C-19-05 Luther Village Parking Lot Expansion Luther Village III: Planned Neighborhood Design: Senior Citizen Housing Option DAC Report of July 3, 2019 Page 3 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. Approved as Planned Neighborhood Design: Senior Citizen Housing Option project: The Luther Village project was previously approved under the Planned Neighborhood Design Ordinance for the Senior Citizen Housing Option and a Master Plan for development established (see Zoning Ordinance, Article 3, Section 24.1 (b)). A PND proposal does not involve a rezoning of the land; remains zoned RG-2 (General Residence Zone). Also, by the Zoning Ordinance provisions, in the PND: SCHO the units shall be deed restricted to require that the head of household for each housing unit be at least 55 years of age or older. As part of the PND: SCHO approval process a series of Alternative Design Standards were established related to the bulk standards addressing setbacks, off-street parking, building height, dwelling units per building, etc. Within in Luther Village PND: SCHO project, the apartment buildings are arranged in two main areas: four scattered buildings (Phases 1-4) and a quad of buildings and the two-story town center building facing a central open courtyard space (Phases 5-9). A series of sidewalks and walking paths link the buildings of the site. A perimeter loop road provides circulation around the complex. Each building phase includes a parking lot area and open space areas for landscaping. One stormwater management area has been constructed at the northwest corner of the property. A second management area is to be located in the eastern quad of buildings. IV. BUILDING ARCHITECTURE There is no new building proposed with this Parking Lot Expansion project. The existing buildings on-site are clad in brick. V. PARKING SUMMARY Approved PND Alternative Design Standards: Parking Reduction (C-13-03) For the housing types of apartments, the requirement is based on a rate of two parking spaces per dwelling unit with 1 parking space per 200 SF of office space and 0.25 parking spaces per dwelling unit to serve as visitor spaces. For certain types of senior citizen housing facilities, the Zoning Ordinance, Article 3 §24.52ii notes that parking shall be provided for residents, visitors, and employees of the facility and that the applicant must demonstrate that the parking provided is sufficient.

C-19-05 Luther Village Parking Lot Expansion Luther Village III: Planned Neighborhood Design: Senior Citizen Housing Option DAC Report of July 3, 2019 Page 4 The Luther Village PND Master Plan proposed a total 530 parking spaces for the entire complex at build-out. Phase 1 provided 68 parking spaces including 3 handicapped parking spaces and one loading space. Phase 2 provided 36 parking spaces including 3 handicapped parking spaces and one loading space area. Phase 3 provided 68 parking spaces including 3 handicapped parking spaces and one loading space. With the Plan approval, an Alternative Design Standard for parking was approval for a a rate of one parking space per dwelling unit plus one space per 200 SF of floor area as offices and one space per 300 SF of meeting room area. Parking Lot Expansion Project With this proposal for the Parking Lot Expansion, a total of 34 parking spaces are to be constructed while three existing parking spaces in the Phase 3 apartment building parking lot will be displaced by the striping for a dedicated pedestrian path leading to the building. The Parking Lot Expansion also includes new lighting as light pole fixtures. As a result, the Phase 3 parcel will contain a total of ninety-nine (99) parking spaces. Bicycle Parking The bicycle parking calculation is one for every twenty parking spaces. The Phase 3 project area would require five (5) bicycle parking spaces based on its number of parking spaces (in the existing and new parking lot). Previously, the project received approval of a waiver to reduce the bicycle parking requirement. A total of four (4) bicycle spaces were required for Phase 3/Building 3 and a ten (10) space bicycle parking rack was noted to exist near Buildings 1 and 2. VI. SITE CONSIDERATIONS Access/Streets Access to the Luther Village site is provided via Babb Drive from John Hunn Brown Road or from the street network of the adjacent Clearview Meadow subdivision that also leads to Babb Drive. The main entrance to the complex is off Babb Drive with internal site circulation provided by a loop road. Sidewalks The locations of sidewalks within the complex are shown. This project will add an additional sidewalk segment along the loop road to connect the new Parking Lot Expansion to the sidewalk system along the loop road. There is also a sidewalk connection leading to the adjacent parking lot for Building 3. Waiver Requested: Partial Elimination of Curbing Article 6 §3.6(b) requires upright curbing for all parking areas. The proposed parking lot expansion does not incorporate curbing along the west and east sides (long sides). A written waiver request for the elimination of curbing in these areas was submitted for consideration by the City Planner citing the reasons for the management of water runoff. The project proposes parking bumpers at the head of each parking space. VII. TREE PLANTING AND LANDSCAPE PLAN

C-19-05 Luther Village Parking Lot Expansion Luther Village III: Planned Neighborhood Design: Senior Citizen Housing Option DAC Report of July 3, 2019 Page 5 The Site Plan set includes the Landscape Plan (Sheet C103). It shows ten (10) existing trees near the Parking Lot and a proposal for additional tree plantings. The new tree plantings include Northern Red Oaks, Sugar Maples, and Tulip Poplars to be in the lawn areas adjacent to the parking lot. The tree planting requirement is one (1) tree for every 3,000 SF of development area. It appears that the Plan utilized the entire Phase 3 parcel of 2.85 acres to calculate a tree planting requirement. There are likely additional trees already planted on the Parcel 3 surrounding Building 3 that can be credited towards this planting requirement. Alternatively, the project may define a “development area” specific to the Parking Lot Expansion Project and have the tree planting requirement based on that area. 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) Cover Sheet, C100: a. List address at 101 Babb Drive. b. Under Zoning list as PND-SCHO. c. Note that the Lot Area is the Phase 3 parcel only. d. Item #10 – Setbacks: As a PND-SCHO a series of Alternative Design Standards were established. This are 50 feet for the front, side, and rear yards. e. Check for consistency of parking lot size. In the data column it is listed as 10,609 SF and 10,545 SF. f. Indicate that the Site Areas Listings pertain to the Phase 3 area only. g. Remove Floor Area Ratio as it does not pertain to this project/property. h. Add listing of parking spaces in Phase 3: existing, new, removed, and total number of spaces. i. Add action taken on Waiver Request for curbing. 2) Sheet C102 and others: Remove building setback lines. 3) Identify the location and number of bicycle parking spaces to meet the bicycle parking requirement based on total number of parking spaces in Phase 3. 4) Landscape Plan, Sheet C103: a. Clarify the tree planting calculation. As there may be other existing trees on the Phase 3 parcel available to satisfy the tree planting requirement. Or you may identify a development area for calculation of the tree planting requirement. b. Depict development area and its existing tree status and revised tree planting calculation. IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES

C-19-05 Luther Village Parking Lot Expansion Luther Village III: Planned Neighborhood Design: Senior Citizen Housing Option DAC Report of July 3, 2019 Page 6 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) Partial Elimination of Curbing: Staff grants approval of the request to eliminate the curbing for the parking lot for areas necessary for stormwater management. Parking bumpers are to be implemented at the head of all parking spaces where the upright curbing has been eliminated as shown on the plan. X. ADVISORY COMMENTS TO THE APPLICANT: 1) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 2) In the event, that major changes and revisions to the Site Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other commissions making recommendations in regards to the plan. 3) Construction may have an effect on the adjacent buildings on the site and site access. Any work requiring the closing or rerouting of residents or visitors to the adjacent buildings, and site access shall be coordinated as to offer the least amount of inconvenience. 4) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required. 5) The applicant shall be aware that Site Plan approval does not represent a Building Permit, and associated construction activity permits A separate application process is required for issuance of a Building Permit from the City of Dover. 6) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Certain types of signage require a Sign Permit from the City of Dover prior to placement of any such sign; please consult with Planning Staff in regards to signage. 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: JUNE 26, 2019 APPLICATION: Luther Village Parking Lot Expansion Babb Drive FILE #: C-19-05 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 / WASTEWATER / GROUNDS / STREETS / SANITATION 1. None STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District 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/.

Luther Village Parking Lot Expansion Babb Drive File #: C-19-05 June 26, 2019 Page 2 of 2 STORMWATER 1. Please provide a note that all stormwater infrastructure on this site is maintained by the property owner. WATER / WASTEWATER / SANITATION/ GROUNDS / STREETS / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. City of Dover will advise that there is underground electric utility on JH Brown Road where the proposed access road is to be added. Any costs associated to the relocation of the underground facilities to accommodate the proposed entrance will be the applicant’s responsibility. WATER / WASTEWATER / STORMWATER / STREETS / GROUNDS / 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-19-05 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: 06/26/19 D S O H V A E L APPLICATION: Luther Village Parking Lott Expansion at Babb Drive R FILE #: C-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. Proposed occupancy classification is parking lot. 2. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 3. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 4. Emergency access to rear building areas compliant with City of Dover Code (Appendix B- Zoning, Article 5- Supplementary Regulations, Section 17); all four stories and greater buildings require 24ft fire lane at the rear. All two to three story apartment structures require an 18ft Secondary Fire Lane at the rear. All townhouses (3-8 units with no fire protection) require a 16ft alley or 18ft secondary fire lane at the rear.

5. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 6. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 7. Project to be completed per approved Site Plan. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Need to have a meeting to discuss the “grass” Fire Lanes behind building 1 and building 2 to ensure that they are properly marked as outlined in # 2 and 3 listed above. (Fire Lane signs needed on inner and outer edge, at the beginning, end, and every 150’ in between). 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: June 26, 2019 T =============================================================== APPLICATION: Luther Village Parking Lot Expansion (Babb Drive) FILE#: C-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. The access to this additional parking lot is not from a state maintained road. 2. DelDOT suggests exploring whether the proposed parking lot could be accessed from an existing driveway to the property.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY July 2019 APPLICATION: Luther Village Parking Lot Expansion FILE #: C-19-05 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to our office. Construction inspection fees based on developed area and stormwater facility maintenance inspection fees based on the number of stormwater facilities are due prior to the start of construction. 2. The following notes must appear on the record plan: • The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. • The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. • A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. 3. A soils investigation in the proposed Stormwater facility area(s) is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. 4. A SAS (Stormwater Assessment Study) submittal and pre-application meeting are required unless waived. ADVISORY COMMENTS TO THE APPLICANT: 1. The existing pond may have enough capacity to function as-is, modifications may need to be made to the pond, or additional BMPs may need to be added. A full detailed plan will still be required to verify compliance. 2. Green Technologies (infiltration, bio retention, bio swales, filter strips etc.) must be implemented to comply with the Delaware Sediment and Stormwater Regulations. 3. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 4. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 5. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management plan has been approved.

CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: June 26, 2019 Organization APPLICATION: Luther Village Parking Lot Expansion at Babb Drive FILE # C-19-05: REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 7/15/2019 Project Review C-19-05 Luther Village Parking Lot Expansion at Babb Drive The subject property immediately in front of and to the south of buildings 2 (1)* and 3 of Luther Village. The parking lot is specified to make additional parking available to Building 3. Given the location, it will be used as alternative parking for Building 2 (1) as well. A sidewalk should connect the 34 additional spaces with the sidewalks at the Building 2 (1) lot to offer safe access to both buildings. * Note: Correction to building number made by Planning Staff. The referenced Building 2 is actually Building 1 of the Luther Village complex. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF July 3, 2019 PLANNING COMMISSION MEETING OF July 15, 2019 Plan Title: Calvary Baptist Church Plan Type: Conditional Use Site Plan Location: South side of Forrest Avenue west of Dover High Drive Tax Map #: ED-05-075.00-01-06.00-000 Owner/Applicant: Calvary Baptist Church of Dover, Inc. Site Area: 75.51 acres +/- Zoning: R-10 (One Family Residence Zone) and COZ-1 (Corridor Overlay Zone) Prior Use: Agricultural Land Proposed Use: Place of Worship (Church) Building Area: 40,026 S.F. Off Street Parking: Required – 235 spaces Proposed – 376 spaces Sewer & Water: City of Dover Waivers Reduction of Bicycle Parking Requirement Requested: Partial Elimination of Sidewalk Partial Elimination of Curbing 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: July 3, 2019 APPLICATION: Calvary Baptist Church of Dover at 2285 Forrest Avenue FILE #: C-19-06 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for Review of a Conditional Use Site Plan Application to permit the construction of a 40,026 +/- SF place of worship and associated site improvements at 2285 Forrest Avenue for the Calvary Baptist Church of Dover. The subject property is 75.51 acres +/- and is located on the south side Forrest Avenue west of Dover High Drive. The property is zoned R-10 (One Family Residence Zone) and is subject to the COZ-1 (Corridor Overlay Zone). The owner of record is Calvary Baptist Church of Dover Inc. Property Address: 2285 Forrest Avenue. Tax Parcel: ED-05-075.00-01-06.00-000. Previous Applications The property was annexed into the City in early 2007 along with several other properties on the west side of the City following the annexation of the Carey Farm for the site of the new Dover High School (AX-06-09). At the time of annexation, the property was zoned to R-10 (One Family Residence Zone) and COZ-1 (Corridor Overlay Zone). Prior to annexation into the City of Dover, the Church completed a Site Plan review process under the jurisdiction of Kent County (CS-03-08). That Plan was then accepted by the City through Administrative Site Plan review (MI-07-07). A Building Permit (#07-547) for construction of the church building was issued but not acted upon and then expired. II. PROJECT DESCRIPTION The subject property is located in the western edge of the City of Dover. Located to the north across Forrest Avenue (Route 8) are a series of lots with single family homes which are outside City limits and under the jurisdiction of Kent County. To the east is the Destiny Christian Church which has access to Forrest Avenue. A second church, Dover Christian Church, also fronts on Forrest Avenue but has access from Dover High Drive. Adjoining the subject church site to the southeast, there is multi-family development for 240 apartment units known as Leander Lakes (S-12-18). To the south is agricultural land and to the west are single family homes and a Par-3 golf course along Artis Drive within Kent County. With this 75.51-acre property, the development area focuses on the northeastern portion of the

C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 2 site. The property has frontage on Forrest Avenue (Route 8) and Artis Drive but the main site access is from Forest Avenue. The property is crossed by a small stream and includes woodlands, wetlands, and agricultural lands. In the northeast corner of the site, a two story 40,026 SF place of worship (church) building is proposed. It sits back over 625 feet from Forrest Avenue with a large stormwater management area directly adjacent to the road. The building location is flanked by parking areas on the east and west sides of the building. There is a large open space in front of the proposed building reserved for a future building expansion. The site is planted with a variety of trees in the interior and around the edges of the site and contains a large stormwater management area along the Forrest Avenue frontage. III. ZONING REVIEW R-10 Zoning District CONDITIONAL USE Within the R-10 zoning district, the use of a property as a site for a place of worship (church) is permitted subject to approval of a Conditional Use by the Planning Commission. Zoning Ordinance, Article 3 Section 1.14a gives specific conditions for property size, setbacks, lot coverage and percentage for buildings. This church project complies with the setbacks and the building covers well less than 20% of the total lot area. 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 are sections of the Zoning Ordinance which relate to the role of the Commission in reviewing Conditional Use applications: 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-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 3 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. The Planning Commission may set conditions of approval for the Conditional Use during the review process. They also have the ability to require periodic renewal of a Conditional Use Permit and also can consider revocation of a Conditional Use Permit. COZ-1: CORRIDOR OVERLAY ZONE The subject site involved with this application is partially located within the COZ-1 (Corridor Overlay Zone). The COZ-1 impacts only the front 520 feet of the property. The proposed church building and half of the parking lot areas are not within the COZ-1. The church building is setback approximately 628.16 feet from the road. Thus, means that only portions of the site and its development are subject to the COZ-1 provisions. The Zoning Ordinance details the requirements of the COZ-1 in Article 3 §26 and its subsections. The Corridor Overlay Zone as a planning and growth management tool is designed to foster and attractive, efficient, and economically vibrant urban corridor along Route 8/Forrest Avenue and Saulsbury/McKee Roads. To this end, more stringent standards are applied to development taking place in the corridor. A discussion of the provisions of the COZ-1 which apply to this application follows below. The plan as presented is in compliance with the requirements listed below. In some cases, compliance is made even when not required. • The COZ-1 does not specify a required front yard setback for non-residential properties in this segment of the corridor; therefore, the setbacks prescribed in the Article 3 Section 1 are applied. In this case, the front setback is a minimum of 50 feet and project complies. • The COZ-1 buildings must sit parallel to the road with the longest side facing the road; the current building section design achieves this concept. • Achieves the following for the parking lot layout/arrangement: parking lot location is not in the front yard setback and the number of parking spaces versus islands. Since there is currently no building within the COZ-1 zone area, the parking lot is accepted in its current location. • A landscaped buffer (varying width) and several five foot* sidewalk segments are located between the building and parking/drive aisles. • Building complies with the allowable number of stories in the COZ-1 at two stories. The current building appears to exceed the maximum height of 35 feet for the COZ-1 (roof heights vary at 35 ft. 4 inches and 38 ft. 8 inches; however, this building is not in the COZ-1 area. • The proposal meets the requirement that 25% of the lot consist of landscaped open space. A significant amount of the overall lot remains as open space.

C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 4 • Street frontages (Forrest Avenue frontage) are required to have a landscaped open space of 25 feet and provide one tree per 50 (fifty) feet of frontage. (See Landscape discussion.) • Non-frontages (side and rear yards) in the COZ-1 are required to have landscaped open space of 15 feet when adjacent to residential uses and landscaped open space of 5 feet when adjacent to non-residential uses and to provide one tree per 75 (seventy-five) feet. (See Landscape discussion.) The following items of the COZ-1 must be revised for compliance: • Width of parking lot islands (10 feet) and medians (8 feet) for areas with the COZ-1 area. • Sidewalk width to be 6 feet in width in COZ-1 area.* IV. PARKING SUMMARY The parking requirement for a place of worship is based on a rate one parking space per 200 square feet of floor area but not less than one space for each four (4) seats. Based on floor area of 40,026 SF the facility would require 201 parking spaces; however, the parking calculation based on seating will govern. From the initial seat counts of 940, the overall parking required for the site is 235 parking spaces. The plan appears to show a total of 376 parking spaces including 28 handicapped accessible spaces. A loading space is not required for this type of use, but a small loading space is provided on the south end of the building. Bicycle Parking Waiver Request: Reduction of Bicycle Parking Requirement Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is to be served by 376 parking spaces, nineteen (19) bicycle parking spaces are required. It is unclear if bicycle parking is shown. A written waiver request was submitted for consideration to reduce the number of bicycle parking spaces from nineteen (19) to six (6) spaces. V. SITE CONSIDERATIONS Access The main entrance to the site is from Forest Avenue (Route 8). It is noted that the project is currently conducting a TIS (Traffic Impact Study) and DelDOT review will be required of this entrance design. There is also a farmland access lane from Artis Drive for the western portion of the site. There is no proposed cross access to adjoining properties as to the east it is already developed and to the west and south there are limitations due to wetland areas. Traffic Circulation The site vehicular entrance from Forrest Avenue has a divided median and leads to easy access to both parking lots and around the church building. It is possible for two-way traffic to circulate around the whole building perimeter. On the east and west sides of the building there are segregated drop-off aisles closer to the building. Traffic within the parking lots is also two-way. Sidewalks/Pedestrian Circulation Waiver Request for Partial Elimination of Sidewalk The site is served by a proposed 10-foot wide multi-modal path along Forrest Avenue and along a short distance along Artis Drive (ends at farm lane). A pedestrian entrance extends from this path

C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 5 along the west side of the entrance drive to the interior sidewalk system in the parking lots and at the building. The interior sidewalk system includes crosswalks leading from the parking lots to the building. The project has submitted a written waiver request for consideration to eliminate the sidewalk for the portion of Artis Drive street frontage where sidewalk to not proposed (west of the farm lane). The applicant cites development limitation due to wetlands and the lack of nearby pedestrian facilities. Lighting Light poles are proposed in appropriate locations around the site in the certain medians of the parking lot and along the circulation drive aisles and drop-off areas. Dumpsters Based on the building’s institutional use and the 40,026 S.F. floor area, two dumpsters are required. However, no specific location is identified on the plan. The applicants must ensure that the dumpsters are enough to meet the trash collection and recycling needs of the site. Waiver Request: Partial Elimination of Curbing Article 6 §3.6(b) of the Zoning Ordinance requires upright, 6-inch curbing for all parking and drive aisle areas. The plan proposes upright curbing along the entrance drive aisle and around the building pad area, the drop-off circulation medians/drive aisles, and select parking lot end islands. The applicant has requested a waiver to relax the curbing requirement for these areas. The City Planner may grant a waiver if it can be demonstrated that the elimination of upright curbing is necessary to convey water to an approved stormwater management area. Wetlands The Zoning Ordinance, Article 5 §11.22 prescribes provisions related to wetland areas. It requires setbacks from wetland areas that are over 0.25 acres in size. This plan depicts wetlands and the required buffer. The development area does not impact these areas. VI. BUILDING ARCHITECTURE The Plan submission includes the requisite Architectural Elevation drawings presenting all elevations of the church building. See attached elevation color renderings and site plan drawings for detailed information on building dimensions, locations, and material choices. The exterior finish materials for the church utilize split face masonry, brick, and EFIS and then a metal roof system for the pitched hipped roofs. Other exterior finish details in the form of banding, windows, and trimwork are present. The building entrances are one story hipped roof vestibules on the east and west elevations. The roof is metal in a gable style format for the front sections of the building in two heights. The rear section of the building has a flat roof system. Buildings located in the COZ-1 are subject to the Architectural Review requirements found in Article 3 §27.69 for properties located within the Corridor Overlay Zone. These provisions give special consideration to the corridor elevation requiring items such as functioning windows, a primary entrance feature/door, and other elements (landscaping, architectural and urban design

C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 6 elements, and architectural relief). As currently proposed this church building is not physically located with the COZ-1. However, its architectural design does strive to meet these provisions of the COZ-1. Its elevation which faces the Forrest Avenue corridor includes a series of windows which qualify as functioning windows and two doors (from interior stairwells). The plan as submitted includes the corridor elements (items a and c) by providing tree and shrub plantings immediately adjacent to the front of the building and providing a variety of architectural relief on the corridor façade (material changes, detailing, appearance of multiple sections, etc.). VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan set includes a concept for the Landscaping Plan. While the total lot area is 75.51 acres, the application has defined a “development area” of 816,750 SF. Based on this development area, 273 trees are required to meet the tree density requirements. The applicant proposes to meet this requirement with new shade tree plantings, ornamental tree plantings and evergreen tree plantings for a total of 283 new trees. The trees are proposed to be distributed along Forrest Avenue as well as adjacent to the building and parking lots and within the parking lot islands. There are also areas of woodland on the balance of the parcel. COZ-1 Landscaping Requirements The COZ-1 requires that a minimum of 25% of the site be landscaped open space. For this site approximately 92.3% of the entire parcel is open space (7.7% is impervious cover per the submitted plan). Trees are utilized for the landscaping within the parking lot islands. Article 3 §27.63(c)(ii) requires a landscaped buffer area of twelve (12) feet in width between the building and the parking lot or drive areas inclusive of a minimum six (6) foot wide sidewalk. Portions of the site comply the landscaping; however, the sidewalk is not 6 feet in width. Article 3, §27.67(a) specifies that lots in the Corridor Overlay Zone must have a landscaped open space of at least 25 feet in width at the front of the lot, measured from the back of the street curb. This space has been landscaped as required. The COZ also requires at least one tree per 50 linear feet of frontage be planted along the front; a series trees are planted along the multi-modal path at the Forrest Avenue frontage with a heavier grouping of ornamental trees at the main entrance. One tree per 75 feet is also required on non-frontage perimeters within the COZ-1 zone. While there are trees on the east side of the entrance drive, there are not tree plantings along the east property line. On the west property line is an area of existing woodland to be maintained that can meet compliance. 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) Upright curbing shall be provided around all parking and drive areas in accordance with the requirements of the Zoning Ordinance unless a waiver is granted by the City Planner. A

C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 7 written waiver request was received for consideration. 2) Cover Sheet: a. Site Data, Item 5: List COZ-1. b. Based on the intent to dedicate right-of-way a separate Record Plan sheet will be required. c. Site Data, Item 10: Update Waiver Request item with actions taken. d. Site Data, Item 24: Check Floor Area Ratio calculation (Total Building Floor Area/Net Parcel Area). e. Bulk Standards listing: For this Conditional Use in R-10, the setbacks are 50 ft. front, and 25 ft. side and rear. Parking rate is one space per 4 seats. f. Purpose statement: Give total floor area of building. 3) Sheet 2 – Overall Site Plan: a. Identify the other boundary of wetland area if known. Cite source of wetlands delineation. b. Check zoning of Farm Lands LP. Is it AP/10? If it is in Agricultural Lands preservation, then there are additional notes statements and a buffer that must be added to the plan. c. Check to see if adjacent property to the east will be implementing a frontage sidewalk/pathway and make connection to it. 4) The following items of the COZ-1 zone must be revised for compliance: a. Identify the width of parking lot islands (required to be 10 feet) and medians (required to be 8 feet) in the COZ-1 area. b. Sidewalk width to be 6 feet in width in COZ-1 area. 5) Sheets 3-6 – Site & Utility Plans: a. Identify (and label) surface for multi-modal path (concrete or asphalt). b. Add crosswalk from entrance drive sidewalk to parking lot sidewalk. c. Identify widths of parking lot islands and medians. Revise for compliance. d. Clarify location of bicycle parking. e. Add handicapped parking signage locations. 6) Sheets 13-15 (Landscape Development Plan): a. In the plant list, check counts of AROG, ARRS, QPH, BN, and TP. b. Tree plantings need for COZ-1 zone area along east property line. c. Provide lines indicating the limits of the landscape areas required along property lines in the Corridor Overlay Zone: 25 feet for the front property line (as measured from the shoulder edge rather than the property line itself) and 5 feet or 15 feet on side property lines depending on adjacent use. d. Please confirm that all trees are a minimum of 10 feet away from all underground utilities (as measured from the trunk). MST in drop-off island too close to fire hydrant. e. The first Crepe Myrtle in the entrance median may need to be removed for sight distance issues. f. Tree count labeling: check number of MST on west side of entrance; unlabeled tree near west building entrance; unlabeled trees to west of entrance (sheet 14);

C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 8 g. Short access drive leading south from building is not show on other plan sheets. h. Landscape Notes: Note 11. Any tree substitutions must also be approved by the Planning Office. i. Clarify what surface (grass or mulch) will be utilized for parking lot islands and medians; ensure choice comply with stormwater management intentions for area. 7) A total of 19 bicycle parking spaces are required; however, a written Waiver Request was received for consideration to reduce the number of bicycle parking spaces to six (6) spaces. 8) Sidewalk/pathway must be provided along the entire street frontages of Forrest Avenue and Artis Drive. A written Waiver Request was received to eliminate a portion of the sidewalk along Artis Drive. 9) Please provide one or more detail sheets depicting required site details, including but not limited to bike racks, Dumpsters, stormwater and utility details, etc. 10) Signs are subject to a separate review and approval process in the City of Dover. However, advice may be given on the locations of freestanding signs if they are included on the Site Plan. 11) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval by the Kent Conservation District must reflect the Site Plan layout and design conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and technical review requirements of other agencies. 12) A separate Record Plan sheet must be submitted to show all right-of-way dedications, any easements, or other items affecting the property lines. 13) The Final Plan set must include notes documenting any action taken by the Planning Commission regarding requested waivers and must list any additional conditions of approval. 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) Waiver Request - Partial Elimination of Curbing: Staff grants approval of the waiver request to relax curbing requirements in areas adjacent to the parking lots and select circulation drive aisles. The upright curbing requested to be waived is adjacent to stormwater management facilities (swales). Therefore, the elimination is appropriate to allow sheet flow of water into these areas.

C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 9 2) Waiver Request - Reduction of Bicycle Parking Requirement: Staff recommends approval of the reduction in the number of bicycle parking spaces from nineteen (19) to six (6) spaces. The number of bicycle parking spaces is calculated based on the number of regular vehicle parking spaces. With large parking lots totaling 376 vehicle spaces, the resulting number of bicycle parking spaces seems high when compared to the likely bicycle riders for this facility use as a place of worship (church). The site is accessible to bicyclists with several multi-modal pathways in the general vicinity east of the site. 3) Waiver Request - Partial Elimination of Sidewalk: Staff recommends approval of the partial elimination of sidewalks along the segment of Artis Drive west of the farm lane. This western portion of the project site is not directly part of the proposed development area and is also impacted by wetlands, a stream and woodland areas. There are no existing sidewalk improvements along Artis Drive that this segment would connect to. X. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the Waiver Requests designation as part of any motion to approve this Site Plan, or as a separate motion if necessary. Note: The recommendations are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) The project will be subject to the improvements required by the TIS (Traffic Impact Study) as required by DelDOT. This may require off-site transportation improvements. The applicant’s consultant, The Traffic Group, made a resubmission to DelDOT on June 24, 2019 related to the Preliminary Traffic Impact Study (PTIS) on trip generation data. An excerpt of this submission is available in the Application file C-19-06 at the Planning Office. 3) In the event that major changes and revisions to the Conditional Use Site Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the building, relocation of site components like stormwater management areas, and increases in floor area count. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 4) In the event that there are changes to the architecture, building footprint, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 5) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 6) Following Planning Commission approval of the Conditional Use Site Development Plan, the Plan must be revised to meet all conditions of approval from the Development

C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue DAC Report of July 3, 2019 Page 10 Advisory Committee or as otherwise noted. This process involves submission of Check Prints in order to achieve Final Plan approval. 7) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 8) 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. 9) Construction may have an effect on the adjacent property owners and visitors. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 10) The applicant shall be aware that 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. 11) The applicant shall be aware that Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JUNE 26, 2019 APPLICATION: Calvary Baptist Church of Dover at 2285 Forrest Avenue FILE #: C-19-06 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. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test

Calvary Baptist Church of Dover at 2285 Forrest Avenue File #: C-19-06 June 26, 2019 Page 2 of 4 holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer mains showing that velocity and all other requirements are met. Any projected future flow requirement must be clearly identified. 6. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 7. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 8. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan.

Calvary Baptist Church of Dover at 2285 Forrest Avenue File #: C-19-06 June 26, 2019 Page 3 of 4 9. Please remove the easement that is proposed for the sanitary sewer lateral. This infrastructure shall be maintained by the property owner. 10. Please provide calculations that prove that the downstream pump station has the capacity to handle the proposed peak flow created by this project. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District submitted to our office. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. GROUNDS 1. None SANITATION 1. Every institutional customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide institutional customers with a maximum of two (2), 90-gallon trash containers and two (2) 90-gallon recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. 3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. GENERAL 1. The 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/. WATER / WASTEWATER / STORMWATER / STREETS / 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. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office.

Calvary Baptist Church of Dover at 2285 Forrest Avenue File #: C-19-06 June 26, 2019 Page 4 of 4 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees will be associated with this project. 5. Be advised that the proposed water layout may create stagnant water due to the lack of demand on the service. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, the sanitary sewer system plans may be required to be submitted to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Wastewater impact fees will be associated with this project. STORMWATER / STREETS / GROUNDS / 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-19-06 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: 06/26/19 D S O H V A E L R APPLICATION: Calvary Baptist Church of Dover at 2285 Forrest Avenue FILE #: C-19-06 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is assembly. 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Fire lanes shall cover 50% of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5) 5. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 6. All Fire Lanes shall be marked as follows:

both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 7. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 8. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 9. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 10. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 11. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de- sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 12. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process.

13. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 14. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 15. Fire Alarm System required per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 16. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50%

figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162)

17. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. 18. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 19. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 20. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of the connection and extend for a distance of four feet (4') on both sides, and where parking is allow between the building and the street or fire lane the solid yellow demarcation lines shall extend from the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum 12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches (3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly visible from the fire lane or roadway, and signs using NFPA international symbols shall be an acceptable alternative. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 21. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed in Regulation 701 as well as the following areas or buildings: In all Class A and Class B places of assembly and institutional occupancies two (2) stories or 25 feet in height or over, In any building over three (3) stories, In any building over 35 feet in height, In any building that has a floor above the first floor over 10,000 square feet gross floor area, In all buildings where the 1st floor exceeds 60,000 gross square feet, a Class I horizontal standpipe system installed in accordance with the applicable codes and standards listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall be installed in accordance with the applicable codes and standards listed in Regulation 701. The standpipe system shall be carried up with each floor and shall be installed and ready for use as each floor progresses. Standpipes shall not be more than one floor below the highest forms of staging, The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At the highest intermediate landing between floor levels in every required exit stairway, Where intermediate landing is not provided, hose connections shall be permitted to be located at the main floor landings in exit stairways when approved by the authority having jurisdiction, Where the local fire department has the capability of providing the required pressure, hydraulically designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide the required waterflow rate.

A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2015 Delaware State Fire Prevention Regulations 702, Chapter 4, 2) Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five- inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 22. 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) 23. 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) 24. 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 25. 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.

26. All new passenger elevators in a building shall be provided with a car sized to accommodate an ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where two or more new passenger elevators are located in a single hoist way and serve all or the same portion of the building, only one elevator car that provides a car sized to accommodate an ambulance cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall be placed inside on both sides of the hoist way door frame. Firefighter recall keys shall be provided in a manner acceptable to the local fire department. (2015 Delaware State Fire Prevention Regulations 705, Chapter 1, 15) 27. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State Communications prior to Final CO. This must be scheduled in advance with Delaware State Communications. 28. Project to be completed per approved Site Plan. 29. Full building and fire plan review is required. 30. 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. 31. Construction or renovations cannot be started until building plans are approved. 32. 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. 33. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Several meetings have already taken place with staff regarding this project. 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: June 26, 2019 T =============================================================== APPLICATION: Calvary Baptist Church of Dover (2285 Forest Avenue) FILE#: C-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. The parcel will be required to obtain a Letter of No Objection for the Site/Record Plan and Entrance Plan approval from DelDOT for the proposed development. 2. The developer and the engineer shall submit a pre-submittal meeting request through the PDCA to begin the plan review process.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY July 2019 APPLICATION: Calvary Baptist Church of Dover FILE #: C-19-06 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to our office. Construction inspection fees based on developed area and stormwater facility maintenance inspection fees based on the number of stormwater facilities are due prior to the start of construction. 2. The following notes must appear on the record plan: • The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. • The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. • A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. 3. A soils investigation in the proposed Stormwater facility area(s) is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. 4. A SAS (Stormwater Assessment Study) submittal and pre-application meeting are required unless waived. ADVISORY COMMENTS TO THE APPLICANT: 1. Green Technologies (infiltration, bio retention, bio swales, filter strips etc.) must be implemented to comply with the Delaware Sediment and Stormwater Regulations. 2. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 3. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 4. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management plan has been approved.

Office Location 103 South Bradford Street Dover, DE 19904 Mailing Address P.O. Box 558 Dover, DE 19903 Phone: 302-744-9875 Kim I. Adams Fax: 866-672-6428 President www.mountainconsultinginc.net Troy L. Adams, P.E. Vice President July 3, 2019 Mr. Dave Hugg City of Dover Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: Request for Reduction of Bicycle Parking Requirement Waiver Calvary Baptist Church – Proposed Place of Worship ED-05-075.00-01-06.00-00001 Dear Mr. Hugg: Bicycle parking is required at a ratio of one (1) space per twenty (20) parking spaces. A total of 376 vehicle parking spaces are proposed. Therefore, nineteen (19) bicycle parking spaces are required. Given the proposed use, we do not envision many members bicycling to the proposed place of worship. For this reason, we are hereby requesting the bicycle parking space requirement be reduced to six (6). Please feel free to call with any questions. I can be reached directly at 302-744-9875 or by email at tadams@mountainconsultinginc.com. Thank you for your cooperation. Sincerely, MOUNTAIN CONSULTING, INC. Troy L. Adams, P.E. Vice President Cc: Dr. Charles Fletcher, Chairman of HGC

Office Location 103 South Bradford Street Dover, DE 19904 Mailing Address P.O. Box 558 Dover, DE 19903 Phone: 302-744-9875 Kim I. Adams Fax: 866-672-6428 President www.mountainconsultinginc.net Troy L. Adams, P.E. Vice President July 3, 2019 Mr. Dave Hugg City of Dover Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: Partial Elimination of Sidewalk Waiver Calvary Baptist Church – Proposed Place of Worship ED-05-075.00-01-06.00-00001 Dear Mr. Hugg: A 10-foot wide multi-modal path is proposed along the property that fronts on Route 8. The multi- modal path then meets the right of way of Artis Drive, continues approximately 184 feet, and terminates at an existing farm lane. The farm lane is an access point for the farmer who tills the property. The remaining frontage along Artis Drive is primarily within a 100-foot wetland/riparian buffer zone that will remain undeveloped. In addition, there are no other pedestrian facilities to tie into beyond the proposed point of termination. Therefore, the request is for a partial elimination of the sidewalk requirement along Artis Drive. Please feel free to call with any questions. I can be reached directly at 302-744-9875 or by email at tadams@mountainconsultinginc.com. Thank you for your cooperation. Sincerely, MOUNTAIN CONSULTING, INC. Troy L. Adams, P.E. Vice President Cc: Dr. Charles Fletcher, Chairman of HGC

Office Location 103 South Bradford Street Dover, DE 19904 Mailing Address P.O. Box 558 Dover, DE 19903 Phone: 302-744-9875 Kim I. Adams Fax: 866-672-6428 President www.mountainconsultinginc.net Troy L. Adams, P.E. Vice President June 6, 2019 Mr. Dave Hugg City of Dover Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: Request for Partial Elimination of Curb Calvary Baptist Church – Proposed Place of Worship ED-05-075.00-01-06.00-00001 Dear Mr. Hugg: We are requesting a partial elimination of curbing along the outer perimeter of the proposed parking areas, along the perimeter of the drive aisles associated with the parking areas, and interior to the parking areas. Parking bumpers will be installed at the head of all parking spaces located around the perimeter of the proposed building. The parking bumpers located along the interior of the site will be enough to prevent damage to vehicles and the surrounding infrastructure. Providing curb along the interior parking spaces will not benefit or enhance the conveyance of stormwater runoff. For these reasons, we are hereby requesting a partial waiver from the installation of curbing around the interior parking spaces. Please feel free to call with any questions. I can be reached directly at 302-744-9875 or by email at tadams@mountainconsultinginc.com. Thank you for your cooperation. Sincerely, MOUNTAIN CONSULTING, INC. Troy L. Adams, P.E. Vice President

MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7196 Fax: 302.736.4217 DATE: July 5, 2019 TO: Planning Commission FROM: Planning Office SUBJECT: July 2019 Update on S-19-03: Retail Center at 747 North DuPont Highway, Site Development Master Plan (Revised) Background On March 18, 2019, the Planning Commission granted conditional approval to S-19-03, a Site Development Master Plan to construct in three phases a 62,260 SF shopping center. The center was originally to consist of three multi-tenant buildings sized 11,900 SF (Building A, Phase 1), 19,975 SF (Building C, Phase 2), and 19,200 SF (Building D, Phase 3), as well as a freestanding restaurant building sized 11,185 SF (Building B, Phase 1). The overall property consists of about 25 acres; the shopping center is proposed for a ten-acre parcel that is to be subdivided from the whole under subdivision application SB-18-01. The shopping center property is zoned SC-2 (Community Shopping Center Zone). On June 20, 2019, the applicants contacted the Planning Office to inform Staff that there had been some changes to the design of the project, and that they needed to determine whether the changes would require re-approval by the Planning Commission. Staff reviewed the proposed changes and determined that they were not so extensive that they required re-approval. Staff did determine however that the changes were extensive enough that they should be presented to the Planning Commission as an informational item. Staff also determined that this presentation should update the Commission on several aspects of the project that were in early stages of development when it was first reviewed, such as the Traffic Impact Study and the stormwater design. This Memo summarizes the project changes and updates. Changes to the Design Land Swap & Cross Access The most significant change to the design is that the project no longer features an interconnection between the shopping center and the Comfort Inn & Suites located at 764 Dover Leipsic Road (zoned C-4, Highway Commercial Zone). Because of this there will also be no land swap between the two properties either, and no split-zoning of either property. The applicant has stated that the hotel property is no longer considered part of the project.

Memo to the Planning Commission: July 2019 Review of S-19-03: Shopping Center at 747 North DuPont Highway, Site Development Master Plan Page 2 of 3 The removal of this cross access results in reconfiguration of the drive aisles and parking areas for the shopping center, so that they will all remain within the original boundaries of the shopping center parcel. The only remaining cross access location is proposed to be between the shopping center and the residual 15-acre parcel to the east that is also to result from subdivision SB-18-01. It was previously not clear whether this second cross access location was to be provided; it is still not clear whether it will actually connect with the driveways in existence on the residual parcel. Building Sizes & Tenancy The changes to the buildings on site are as follows: • Building A: Increased from 11,900 SF to 12,036 SF, in order to accommodate a sprinkler room for the building. In addition, tenant spaces have now been delineated for this building, including five retail spaces between 1,285 SF and 2,656 SF each and a restaurant space sized 3,035 SF. • Building B: No change. The Golden Corral restaurant to be located here remains the only known tenant for the shopping center. • Building C: Decreased from 19,975 SF to 9,775 SF. The number of tenants in this building is still not known. • Building D: No change. The number of tenants in this building is also still not known. Building Architecture Previously, the applicant only provided photos of an existing building in another shopping center to give the Planning Commission an idea of what the architecture of the new shopping center would be like. With this update, the applicant has provided elevations for Building A. Building A provides six bays of varying sizes across the front, corresponding to the size of the tenant spaces behind them. The bays are separated by columns of varying sizes, corresponding to the varied size of the bays they separate. Signage is provided in a band across the top of the building, and each tenant space is provided with storefront glass and entryways. A wall sconce for light is to be placed on every column. A metal canopy is provided for each entryway. The sides of the building appear much the same as the front, except that only the portions furthest towards the front have columns, and the windows do not go all the way to the ground. The rear of the building features little detail aside from rear entry doors to each of the tenant spaces. Landscaping & Stormwater The landscape design for the project is similar to the initial submission, but features as previously requested evergreen trees to screen the back of Building C. There is not a similar row of evergreen trees to screen the back of Building A. The project previously featured four stormwater management areas, one on land that would have been given by the hotel, two in the vicinity of Building D, and one in a large open area at the back of the shopping center property. The revised version of the plan reduces the number of stormwater facilities to three. These include one near Building D, one next to (but not on) the hotel property, and one underneath the parking lot for Building A. The stormwater facilities are sized 1,900 SF, 8,625 SF, and 7,500 SF respectively.

Memo to the Planning Commission: July 2019 Review of S-19-03: Shopping Center at 747 North DuPont Highway, Site Development Master Plan Page 3 of 3 Other Changes The applicant has provided an improved sidewalk network as previously requested, including a sidewalk connection to Leipsic Road. It appears the shopping center, previously nameless, is now to be called either “DuPont Plaza” or “Dover Commons,” based on information given on the revised site plan and new architectural elevations respectively. “DuPont Plaza” seems more likely given that there is already a shopping center in the City that goes by the second name. Updates to Project Review Status Staff asked the applicant for updates on several aspects of the project review involving other agencies, including the Traffic Impact Study (TIS), the stormwater design and their pursuit of Superior Infiltration Design, and PLUS Review. Although the applicant did not have any new documentation from the related agencies to provide, they provided a description of activities undertaken since the March Planning Commission meeting, which is included in their update submission letter attached to this Memo. Progress has been made on both the TIS and the stormwater design, while it appears no further action is required on the PLUS Review. Staff Recommendations to the Planning Commission Though the project does not require overall re-approval, the Planning Commission may still act on a number of items at this time: 1) Staff recommends that the Planning Commission approve the architecture of Building A as presented. 2) Staff recommends that the Planning Commission request the landscaping at the rear of Building A be changed to evergreen trees, in order to allow screening of the rear of this building. 3) Staff recommends that the Planning Commission request additional future cross access locations. Actual cross access does not have to be provided at this time to neighboring properties, but appropriate cross-access easements should be recorded so that when adjacent properties redevelop, they may take advantage of the easements. The Plan previously featured cross access to 764 Dover Leipsic Road (Comfort Inn & Suites) and future cross access to 779 North DuPont Highway (Pizza Hut); future cross access should be provided to both these properties. It is noted that the project Site Development Master Plan S-19-03 remains subject the review and comments presented in the DAC Report and associated agency comments of March 6, 2019. Attachments: - Letter from the applicant of July 3, 2019 - Updated Site Development Master Plan dated July 3, 2019 - Architectural elevations for Building A, undated (received July 3, 2019) - PLUS Review response letter dated March 18, 2019