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CITY OF DOVER PLANNING COMMISSION AGENDA Monday, September 15, 2014 – 7:00 P.M. City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA ADOPTION OF MINUTES OF REGULAR MEETING of August 18, 2014 ADOPTION OF MINUTES OF QUARTERLY WORKSHOP of September 15, 2014. COMMUNICATIONS & REPORTS 1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY, October 20, 2014 at 7:00pm in the City Council Chambers. 2) Update on City Council Actions 3) Update on Planning activities OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None Received NEW DEVELOPMENT APPLICATIONS 1) S-14-18 Tall Pines at 1655 and1665 Kenton Rd – Public Hearing and Review of Site Development Application to permit a multi-family residential development consisting of two (2) three story buildings with a total of 24 units on a 2.34 acre +/- parcel. The property is zoned RG-2 (General Residence Zone). The property is on the south side of Kenton Road and the north side of Chestnut Grove Road located west of the intersection of the two roads. The owner of record is Woodbrook Ventures, LLC. Property Addresses: 1655 and 1665 Kenton Road. Tax Parcel: ED-05-066.00-01-11.00-000. Council District 1. Waiver Request: Elimination of Sidewalks. A previous Site Development Plan S-04-33 and Parcel Consolidation Plan were approved by the Planning Commission in December 2004. Some site improvements and foundation work began but then ceased, therefore the original plan expired. 2) MI-14-12 Text Amendment: PND Buffer and Setbacks – Public Hearing and Review for Recommendation to City Council of Text Amendments to the Zoning Ordinance, Article 3 Section 24 – Planned Neighborhood Design Option (PND), Subsection 24.62 – Buffers, Article 4 – Zoning Bulk and Parking Regulations, Subsections 4.10 and 4.11. The proposed

City of Dover Planning Commission Agenda Public Hearing: September 15, 2014 Page 2 of 2 ordinance revisions would remove the required 40-foot buffer around the perimeter of developments utilizing the PND Option and would reduce the front and rear yards for houses being constructed under the PND Option. Ordinance #2014-18. Staff Amendment #1 proposed. 3) MI-14-14 Text Amendment: Site Plan Development Approval – Public Hearing and Review for Recommendation to City Council of Text Amendments to the Zoning Ordinance, Article 10 Section 2 – Site Plan Development Approval. The proposed ordinance revision corrects the intent of Ordinance #2014-08 which rewrote commercial and office zone regulations and administrative processes. The adopted ordinance allows for existing building expansion by up to 15% to be reviewed administratively, but omitted a similar provision for impervious surfaces. The proposed amendment would also allow for expansion of up to 15% of impervious cover on a site to be reviewed administratively. Ordinance #2014-20. NEW BUSINESS 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: posted September 5, 2014 at 12:00 noon

CITY OF DOVER PLANNING COMMISSION August 18, 2014 The Regular Meeting of the City of Dover Planning Commission was held on Monday August 18, 2014 at 7:00 PM with Chairman Colonel Welsh presiding. Members present were Mr. Holden, Mr. Cregar, Mr. Tolbert, Mr. Holt, Dr. Jones, Ms. Still and Colonel Welsh. Mr. Baldwin and Mr. Ambruso were absent. Staff members present were Mrs. Townshend, Mrs. Dawn Melson-Williams, Mr. Cook and Mrs. Mullaney. Also present were Mr. Troy Adams, Dr. Junior Dover and Mr. John Kelly. APPROVAL OF AGENDA Dr. Jones moved to approve the agenda as submitted, seconded by Mr. Tolbert and the motion was unanimously carried 7-0 with Mr. Baldwin and Mr. Ambruso absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF JULY 21, 2014 Ms. Still moved to approve the Planning Commission minutes of July 21, 2014, seconded by Mr. Cregar and the motion was unanimously carried 7-0 with Mr. Baldwin and Mr. Ambruso absent. COMMUNICATIONS & REPORTS Mrs. Townshend stated that the next Planning Commission Quarterly Workshop will be held on Tuesday, August 19, 2014 at 12:00 noon in the City Hall Conference Room. Mrs. Townshend stated that the next Planning Commission meeting will be held on Monday, September 15, 2014 at 7:00 PM in the City Hall Council Chambers. Mrs. Townshend provided an update on the regular City Council and Utility Committee meetings held on July 28, 2014 and August 11, 2014. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Townshend presented the audience information on policies and procedures for the meeting. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None NEW BUSINESS NEW DEVELOPMENT APPLICATIONS 1) S-14-16 Dover Family Cosmetic Dental at 1084-1086 South State Street – Public Hearing and Review of a Site Development Plan to construct a 2,730 S.F. medical office and associated site improvements. The plan includes a Minor Lot Line Adjustment Plan to consolidate two parcels to form a single 23,214 S.F. parcel. The property is zoned C-2A (Limited Central Commercial Zone), located on the west side of South State Street between Wyoming Avenue and South DuPont Highway. The property owner is Dover Family Properties, LLC, c/o Venetia N. Dover. Property 1

CITY OF DOVER PLANNING COMMISSION AUGUST 18, 2014 Address: 1084-1086 South State Street. Tax Parcel(s): ED-05-077.17-07-19.00-000 and ED-05- 086.05-02-21.00-000. Council District 2. Waivers Requested: Partial Elimination of Curbing. Representatives: Mr. Troy Adams, Mountain Consulting; Dr. Junior Dover, Dover Family Cosmetic Dental Mrs. Melson-Williams stated that this was a Site Plan application for the property that currently consists of two parcels of land at 1084-1086 South State Street. As part of the plan review process they are also completing a Minor Lot Line Adjustment Plan to consolidate the two parcels into one parcel of land. The property is zoned C-2A (Limited Central Commercial Zone). It’s located on the west side of South State Street north of the intersection with Route 13; basically in the Carroll’s Corner area of the City. As zoned C-2A (Limited Central Commercial Zone) there are a series of setbacks and bulk standards for that zone. A dental office is considered a type of business or professional office which would be permitted to occur in the C-2A (Limited Central Commercial Zone). The Commissioners were presented a series of architectural renderings giving a first taste of the concept of the building. It is a one story building. The main entrance of the building faces South State Street and is proposed in a variety of exterior finish materials. Some stone and stucco with a pitched roof and the entry does have a proposal for a kind of tower-like element. The building itself is proposed at 2,730 S.F. The parking requirement in the C-2A (Limited Central Commercial Zone) requires one parking space per 300 S.F. of floor area. By Code, this building is required to have a minimum of ten (10) parking spaces and is limited to a maximum of thirteen (13) parking spaces. The plan is currently showing twenty-three (23) spaces. This is actually over the maximum permitted by Code. The plan must be reduced to a maximum of thirteen (13) spaces unless a variance is successful at the Board of Adjustment. They have met the filing deadline and will be moving to the Board of Adjustment next month. Staff felt that the plan could still continue with Planning Commission review because the elimination of any extra parking spaces does not significantly impact the layout or site design of the project. The parking is currently shown at the front of the building between South State Street and the building and to the south side, there is another parking area. In front of the building, there are a total of eleven (11) spaces and then twelve (12) to the south. It could easily be adjusted to the maximum that’s allowed by Code of thirteen (13) parking spaces should variance be unsuccessful. The building is not large enough to require a loading space but is providing the required bicycle parking spaces. There is a rack just north of the building. The property has an existing sidewalk along South State Street. The applicant will be creating a new commercial entrance to the property. Currently, there are two (2) curb cuts and they will be working with DelDOT to finalize the entrance plans for this site. There is one waiver request for consideration this evening. The applicant is requesting the partial elimination of curbing for the areas of the sidewalk adjacent to the building that transition from the sidewalk into the parking lot. It’s currently at the same level; it is not an upright curb that people would have to step up on. Part of the reason for this waiver is for stormwater management practices. They are looking to do an underground system that would then require sheet flow across the site to reach an underground system on the southwest corner of the property. 2

CITY OF DOVER PLANNING COMMISSION AUGUST 18, 2014 Their project includes a number of landscaping elements, both in shrub plantings and the required eight (8) trees for the site, which are found on the perimeter of the parking lot and also along the area where the proposed dumpster is located to provide screening. As part of the Planning Office comments, one key thing to point out is that it’s their understanding the applicant will be addressing this. There needs to be a connecting sidewalk from the street frontage sidewalk into the site. They believe there’s the ability to achieve that quite readily. The other agencies that have provided comments include the Department of Public Works, the Electric Department, the Fire Marshal’s Office and DelDOT because they will have an entrance that will need to be approved by DelDOT as South State Street is a State maintained road. They have been working already with the Kent Conservation District on their Stormwater Plan design. The comments from the Dover/Kent County MPO emphasis the pedestrian access that would be available to the site. Mr. Adams stated that there were no comments or questions and they do accept comments that are in the application. Colonel Welsh stated that this was a nice looking building plan. Colonel Welsh opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Tolbert questioned if any action the Planning Commission takes tonight would have an impact on the Board of Adjustment? Responding to Mr. Tolbert, Mrs. Townshend stated no, the comment that is in the DAC Report is that they need to comply with the parking requirement and if they don’t get a variance through the Board of Adjustment, then they will have to remove parking from the plan. Colonel Welsh questioned how many employees they would have? Responding to Colonel Welsh, Mr. Adams stated there are twelve (12) employees intended. Colonel Welsh stated that the employees would all be there at one time so those parking spaces would be taken up by them. Responding to Colonel Welsh, Mr. Adams stated yes. Colonel Welsh stated that they need parking spaces for the patients. Responding to Colonel Welsh, Mr. Adams stated yes, typically they will have seven (7) treatment rooms and typically parked at 1.5 times. They are pretty much right at twenty-three (23) by the time you add the support staff and the patients for seven (7) treatment rooms. Colonel Welsh questioned if the Board of Adjustment doesn’t approve the variance, where does the applicant go from there? Mr. Cregar stated if you visit the site and look north of the site, it is one big parking lot that sits there right next to it. He asked for someone to refresh his memory of the Limited Central Commercial Zone. What is the reason for a maximum of thirteen (13) parking spaces? Responding to Mr. Cregar, Mrs. Townshend stated that they are limited to one hundred twenty-five percent of the minimum. They have discussed it recently, on a shopping center it helps but on a site that has a 3

CITY OF DOVER PLANNING COMMISSION AUGUST 18, 2014 relatively a small parking requirement it doesn’t take much to get twenty-five percent. She thinks that they are going to have to re-evaluate that and certainly she will share that with the Board of Adjustment. When they provide the information to the Board of Adjustment that they are going to have twelve (12) staff members and seven (7) treatment rooms, she thinks that will be compelling for the Board. She also thinks that they it means they need to look at the Ordinance. There have been a number of cases where that twenty-five percent over parked has created a problem. Mr. Cregar stated that this will be a great in-fill for that parcel. This is going to be a really nice addition to that area. Ms. Still moved to approve S-14-16 Dover Family Cosmetic Dental at 1084-1086 South State Street to include the waiver of partial elimination of curbing, seconded by Mr. Holt and the motion was carried by roll call vote 7-0. Mr. Holden voting yes, per staff comments. Mr. Cregar voting yes, he thinks that this is a well-placed project as in-fill project at that location and he thinks that it will be an outstanding addition to that area. Mr. Tolbert voting yes, concurring with Mr. Cregar’s comments regarding the site and it’s appropriate in that area. Mr. Holt voting yes, based on plans and the Staff comments. Dr. Jones voting yes, she concurs with Mr. Holt and also due to the applicant’s awareness and agreement to the comments. Ms. Still voting yes, due to the DAC comments and the fact that she concurs with the proposal of the building and she thinks it will be a great asset to that area. Colonel Welsh voting yes, he thanks the applicant for their planning. It’s a great plan and for all of the reasons stated by others, he thinks it’s a welcomed addition to the City of Dover. 2) S-14-17 Office at 970 North State Street – Public Hearing and Review of a Site Development Plan to permit conversion of an existing 2,199 S.F. ± residential structure to office use and associated site improvements on a 18,047 S.F. ± parcel. The property is zoned C-1A (Limited Commercial Zone), located at the southwest corner of North State Street and Hiawatha Drive. The owner of record is Debra A. Brown and Raymond E. Brown, to be conveyed to John P. Kelly, III. Property Address: 970 North State Street. Tax Parcel: ED-05-67.12-01-05.00-000. Council District 4. Waivers Requested: Elimination of Upright Curbing Requirements and Elimination of Landscape Buffering Requirement for Parking Lot. Representatives: Mr. John Kelly, First State CPAs Mr. Cook stated that this application is a Site Development Plan to permit conversion of a 2,199 S.F. former residence to office use and associated site improvements on an 18,047 S.F. parcel at 970 North State Street. The property is zoned C-1A (Limited Commercial Zone) located at the corner of North State Street and Hiawatha Lane. The project includes the following improvements: the demolition of an existing in-ground swimming pool and patio, the addition of eight (8) off-street parking spaces, interior renovations to the building and construction of an ADA accessible ramp, re- location of automobile access to the site from the corner of North State Street and Hiawatha Lane to an entrance off of Hiawatha Lane and the addition of a sidewalk along Hiawatha Lane. The existing entry point to the site currently is ill-defined right on the corner of Hiawatha Lane and North State Street. The Site Plan calls for an entry farther down Hiawatha Lane. The applicant has been working with the Department of Public Works on locating that entry as well as locating the sidewalk along Hiawatha Lane due to a lot of utility infrastructure along that right-of-way. They 4

CITY OF DOVER PLANNING COMMISSION AUGUST 18, 2014 have had to modify the normal sidewalk setback requirements, but they have come up with a solution. The existing site has a pool that will be removed. The parking will be roughly in the location where there is existing gravel where the pool is located. There is no increase in impervious surfaces; most of the site work is taking place within the footprint of the existing gravel area and the swimming pool area. The applicant is seeking two waivers from the Planning Commission. One is a waiver of the upright curbing requirement found in the Zoning Ordinance, Article 6 §3.6(b). The Site Plan has included bumpers for each parking space in lieu of upright curbing. The other waiver being requested is a waiver of the landscape buffering requirement found in Zoning Ordinance Article 5 §7.23 which requires buffering and screening of parking lots when adjacent to residential zones. Across Hiawatha Lane there is a multi-family housing project which is residentially zoned RG-1 (General Residence Zone). The property was subject to review by the Silver Lake Commission as required by Article 5 §11.251 of the Zoning Ordinance. Comments of the Commission are provided in the DAC Report. Planning Staff recommendations as conditions of approval are noted on Page 5 of the DAC Report. These include approval of the waivers and a recommendation for bicycle parking which the applicant provided on a Site Plan revision which was submitted to Staff after the DAC meeting. The DAC Report includes further comments from the Department of Public Works, the Fire Marshal’s Office, DelDOT, Kent Conservation District, the Dover/Kent County MPO as well as the Silver Lake Commission. These agencies have been in regular communication with the applicant to address issues related to fire protection, utility provisions and transporation access. Mr. Kelly stated that he accepts all DAC comments and the Planning Commission recommendations. Mrs. Townshend stated that they do have the specific language from the motion that they didn’t have at DAC from the Silver Lake Commission. What they requested was that the applicant investigate a rain garden or bio-swale to handle stormwater that might run off of the parking lot. Mr. Kelly had indicated that the area is very vegetated. Mr. Kelly stated that to be quite honest, it’s virtually the same footprint. It does fall off quite a bit towards the trees, towards the lake but it’s all grass there. There is nothing but grass and vegetation. Mrs. Townshend stated that under the Kent Conversation District, they are below the threshold where they have to provide any type of stormwater management. Mr. Holden stated that he thinks they are under the regulatory size for having to provide some stormwater management. They could make the argument that they are converting a gravel parking area to hot-mix which often has the same affect in terms of how much water comes off of it. He thinks the reality is that more comes off of hot-mix so there are under the threshold but having an impact. Whether it’s a challenging site or they have the room to do a BMP (Best Management Practice) to reduce stormwater pollutant or stormwater run-off. They might have some space and maybe they might have some comments on what is possible if they are willing to entertain it. They are under the regulatory threshold so they don’t necessarily have to from the Kent Conservation District standpoint. 5

CITY OF DOVER PLANNING COMMISSION AUGUST 18, 2014 Colonel Welsh stated that he thinks it’s pretty cut and dry. Hopefully, the applicant will work with Kent Conservation District. If there is anything minimal that they can do that’s acceptable to both parties, that would be great but they can’t require the applicant to do any more than that. Colonel Welsh opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Ms. Still moved to approve S-14-17 Office at 970 North State Street to include the two waivers, one for the elimination of upright curbing and the other for the elimination of landscape buffering requirement for the parking lot, seconded by Mr. Holt and the motion was unanimously carried by roll vote 7-0. Mr. Holden voting yes, due to Staff comments and the existing zoning for the site. Mr. Cregar voting yes, in looking at that area he thinks the conversion is going to fit nicely into that area, it’s going to be another nice office in that area. He thinks it’s a good project. Mr. Tolbert voting yes, concurring with the motion and the comments made by Mr. Cregar, the plan is implicit and is very appropriate for that area. Mr. Holt voting yes, due to the Staff comments, he thinks it’s going to be great. Dr. Jones voting yes, based upon previous comments and the applicant’s willingness to adhere to comments from the DAC Staff comments. Ms. Still voting yes, the application meets the requirements for zoning and it meets the Staff comments. Colonel Welsh voting yes, based on all of the reasons stated previously and he trusts that Mr. Kelly will work with the Kent Conservation District to ensure that the stormwater run-off (management) is adequate. Colonel Welsh reminded the Commission members of the Planning Commission Quarterly Workshop scheduled for Tuesday, August 19, 2014 at noon. A copy of the agenda for this workshop is in the packets so hang on to that. There is also some information that goes along with the agenda for tomorrow that should be saved for use tomorrow. Meeting adjourned at 7:35 PM Sincerely, Kristen Mullaney Secretary 6

 MINUTES OF QUARTERLY WORKSHOP MEETING of August 19, 2014 o The Quarterly Workshop Meeting Minutes of August 19, 2014 are still being prepared. These Meeting Minutes will be distributed to the Planning Commission at the September 15, 2014 meeting for review. o Adoption of the Quarterly Workshop Meeting Minutes will be considered at the September 15, 2014 meeting of the Planning Commission.

City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 3, 2014 PLANNING COMMISSION MEETING OF September 15, 2014 Plan Title: Tall Pines at 1655 and 1665 Kenton Road (S-14-18) Plan Type: Site Development Plan Applicant: Woodbrook Ventures, LLC Location: West of the intersection of Kenton Road and Chestnut Grove Road Address: 1655 and 1665 Kenton Road Tax Parcel: ED-05-066.00-01-11.00-000 Site Area: 2.34 Acres Zoning: RG-2 (General Residence Zone) Proposed Use: Multi-Family Residential Building Type: Multiple Dwelling (Garden Apartments) Building Areas: 2 Proposed 3-story structures Total SF – 41,820 SF (each building 20,910 SF) Total Dwelling units – 24 Impervious Areas: Proposed – 47,303 SF (1.09 Acres) Lot Coverage – 46.5% (60% maximum in RG-2) Off Street Parking: Required – 54 parking spaces (2.25 per DU) Proposed – 50 parking spaces (48 standard + 2 ADA) Sanitary Facilities: City of Dover Water Supply: City of Dover Waivers Requested: Elimination of Sidewalks 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: September 3, 2014 APPLICATION: Tall Pines at 1655 and 1665 Kenton Road, Dover, DE FILE #: S-14-18 REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Bill Cook, Planner I PHONE #: 302.736.7196 PLAN SUMMARY This is a Site Plan to permit the construction of two (2), 12-unit, three-story multi-family residential structures with associated site improvements to be known as Tall Pines. The subject property is 2.34 acres +/-. The property for proposed development is zoned RG-2 (General Residential). The property is located on the northwest corner of Chestnut Grove Road and Kenton Road. The owner of record is Woodbrook Development, LLC. Tax Parcel: ED-05- 066.00-01-11.00-000. The types of permitted uses for RG-2 are outlined in Zoning Ordinance Article 3 §2 General Residence Zones (RG-1 and RG-2). Within the RG-2 zoning, the permitted housing types are single family detached dwellings and garden apartments. These buildings being constructed utilize the multi-family building type that the Zoning Ordinance defines as garden apartments. Multiple unit dwellings require a minimum of 1,700 S.F. of lot area per dwelling unit as listed in Article 4 §4.3. As proposed, this plan exceeds the minimum lot area requirement per dwelling unit. The project has a density of 10.2 dwelling units per acre. A previous Site Development Plan and Parcel Consolidation Plan (S-04-33) were approved by the Planning Commission in December 2004 with Final Site Plan approval of October 19, 2005. Some site improvements commenced, existing buildings demolished, and foundation work began but subsequently ceased, therefore the original Site Plan expired. The Parcel Consolidation Plan was recorded June 16, 2005 to consolidate three parcels into this one tract of land and to provide right- of-way dedication as part of the original plan submission. SITE CONSIDERATIONS Parking The minimum off-street parking requirement for the RG-2 (General Residence) Zone requires two parking spaces per dwelling unit. Provisions of Article 6 §3 have more detailed parking requirements for apartments that require additional visitor parking for apartment units at a rate of 0.25 spaces per dwelling unit. Thus the required parking ratio is 2.25 parking spaces per dwelling unit for the project. For the twenty-four (24) dwelling units, a total of fifty-four (54) parking

S-14-18 Tall Pines at 1655 and 1665 Kenton Road Final DAC Report of September 3, 2014 Page 3 of 9 spaces is required. The plan only shows a total of fifty (50) parking spaces. Of the total, two handicapped parking spaces are shown. At the D.A.C. Meeting of September 3, 2014 the applicant agreed to revise the final plan to provide the required fifty-four (54) parking spaces. Article 6 §5.43 requires screening with a thick hedge of any parking lot that is located across the street from other land in any residence zone. The current Landscape Plan on Sheet L1 shows a screening of evergreen trees along the property perimeter along Chestnut Grove Road, which is across from properties zoned R-8 (One Family Residence Zone). Bicycle Parking The Zoning Ordinance calculates required bicycle parking facilities in Article 6 §3.10, based on required parking for automobiles, three (3) bicycle parking spaces would be required. Bicycle parking is not shown on the plan as submitted. Sidewalk The submitted plan shows sidewalks internal to the site which lead from parking areas to the nearest building entrances. A woodchip walking path is also shown encircling the stormwater retention area. Additionally, sidewalks are shown leading from Kenton Road to the building entrances facing Kenton Road. Sidewalks are required along the public street frontages of Kenton Road and Chestnut Grove Road. Barrier-free access ramps shall be installed at all points where sidewalks intersect with roadways and parking areas. The current draft DelDOT Capital Transportation Program (as of February 2014) includes plans for shoulder widening and continuous sidewalks between Route 8 and Chestnut Grove Road. The preliminary schedule for construction is FY 2020. Waiver Requested: Elimination of Sidewalk Requirement No street frontage sidewalks are shown for construction with this project. The current plan shows the previous right-of-way dedication with a potential sidewalk location labeled as “improvements within the right-of-way to be constructed by DelDOT.” The applicant is in discussions with DelDOT regarding past agreements regarding sidewalk construction. A written request for waiver has been submitted by the applicant seeking elimination of the sidewalk requirement, stating that DelDOT has committed to sidewalk construction. Other recent projects along the Kenton Road corridor have sought the sidewalk waiver to delay actual sidewalk construction and proposed payment to DelDOT for future sidewalk construction. Dumpster Zoning Ordinance, Article 5 §6 requires one (1) dumpster pad for the first 24 dwelling units for apartment complexes. For this 24-unit project one (1) dumpster pad is required, subject to dimension, location, and enclosure requirements. Per state requirements, provisions for recycling must be included for the facility. Accommodation for recycling receptacles should be made within the proposed dumpster pad area. A designated area on the site for trash collection is shown. An enclosure is required when the Dumpsters are visible from the public right-of-way or from an adjacent property. A masonry

S-14-18 Tall Pines at 1655 and 1665 Kenton Road Final DAC Report of September 3, 2014 Page 4 of 9 enclosure is proposed in the plan notes. The Department of Public Works has provided comments requiring that trash collection be provided by a private entity. Lighting The Site Plan shows the location of lights in the parking lot and along its perimeter. Lighting on the building itself is not labeled. Per the objectives of Article 10 §2.24, the Site Plan must additionally include the power, direction, and time of outdoor lighting, and demonstrate no adverse effect upon adjacent properties. Curbing Zoning Ordinance Article 6 §3.6(b) requires upright curbing for all parking areas and access drives. Curbing is shown on the Site Plan. Signage The Plan shows a proposed location for a monument sign at the entrance from Kenton Road. Any signage must be approved through a separate sign approval and permitting process. For purposes of the sign regulations found in the Zoning Ordinance, both roads on which the project has frontage are considered “Urban Collector/Local Streets.” The property is considered to be residential and adjacent to residential properties with regard to the Chestnut Grove Road frontage, which is an additional factor determining allowable signage. Regulations regarding directional signage on the site are found in Zoning Ordinance, Article 6 §5.44 and Zoning Ordinance, Article 4 §4.5(D). BUILDING ARCHITECTURE AND LAYOUT Elevation drawings for the garden apartment building have been submitted (drawings dated 10/29/04). The exterior finishes of these three-story buildings include a first floor of a masonry material and the second and third floors of a horizontal siding topped with a shingle hipped roof. The main entry to the building is centered on the west and east elevation and is protected by a gable roof supported by paired columns on a masonry base. The gable roof form is also utilized for the projections on all four elevations. On the east and west elevation these projections include a balcony space for each dwelling unit. The system of paired columns is part of the support structure of the balcony and balustrade. The four over one window units are found as single units or as groupings of two or three windows. The building includes trim work details to highlight the transitions between floors, the window and door surrounds, and gable ends. TREE PLANTING AND LANDSCAPE PLAN One (1) tree is required for every 3,000 S.F. of land area. The tree planting requirement is based on the total lot area and may include existing trees. This project site consists of a total lot area of 101,752 S.F. There are no Woodland Areas on the subject site as defined by Zoning Ordinance Article 5 §16.6, although existing mature trees are found on the site and designated on the Site Plan. Trees required to meet buffer requirements are not counted as part of the tree density requirements. Based on the 101,752 S.F. (2.34 Ac.) of non-woodland area, 34 trees are required. A Landscaping Plan sheet is included in the submitted Site Plan that shows that 27 trees are proposed to be retained, and 50 trees are proposed to be planted, therefore meeting the tree density requirement.

S-14-18 Tall Pines at 1655 and 1665 Kenton Road Final DAC Report of September 3, 2014 Page 5 of 9 The existing trees are located along the north property line near the entrance and along Kenton Road at the southeast corner of the site. New trees shown on the plan include a line of Leyland Cypress trees along Chestnut Grove Road. The parking lot islands include Kousa Dogwood or Thundercloud Plum trees. Other new trees consist of Green Vase Zelkovas along the entrance drive and additional Kousa Dogwood and Purple Plum trees near the building, and several Eastern Redbud trees near the gazebo. Plantings of Blue Flag Iris, Marsh Hibiscus, and Cardinal Flower are proposed in the stormwater management pond. OPEN SPACE AND RECREATION PLAN The developer included on the plan the elements of a Recreation Plan which illustrates how the project will provide recreation amenities required of Article 5 §10 of the Zoning Ordinance. Based on the number of residential dwelling units proposed (24 units) and the minimum area requirements, this project shall provide 10,000 S.F. of open space designed to function as active recreation space, in accordance with the provisions of Article 5 §10.51 and for active recreation within small residential developments of less than five acres. The Plan indicates various areas totaling 18,717 S.F. reserved as active recreation space. One area of Active Open Space (9,325 S.F.) is proposed with park benches, horseshoe pits, and a gazebo in the vicinity of the stormwater management pond. A walking path is also proposed around the stormwater management pond. The area of the pond may not be counted towards the active recreation area requirement. Article 5§10.155 indicates that only the developed walking trail area may be counted toward the area requirement. The second area is a lawn game (bocce and croquet) area of 5,888 S.F. located between the two buildings. The third area is also a lawn game area of 3,504 S.F. located east of the second building. However, the viability of some of these areas for active recreation is a concern especially the third area east of the building. The Conceptual Recreation and Open Space Plan will be reviewed for a recommendation by the Parks, Recreation and Community Enhancement Committee of City Council on September 8, 2014. The Parks & Recreation Committee shall provide a recommendation for the Planning Commission’s consideration as part of the Site Plan review. See Recreation Plan Review Report. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The Parks, Recreation & Community Enhancement Committee of City Council will review a Conceptual Plan for the proposed Active Recreation Area on September 8, 2014 and provide comment and recommendations to the Planning Commission. 2) 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.

S-14-18 Tall Pines at 1655 and 1665 Kenton Road Final DAC Report of September 3, 2014 Page 6 of 9 3) Update parking calculations and Site Plan to reflect current code requirements. The site requires four additional parking spaces in order to meet the requirement for a total of twenty- four (24) parking spaces. 4) Include the following elements on applicable plan sheets where appropriate, as outlined in the submission requirements of Article 10 §2.5, including but not limited to: a) Tax Parcel ID on Site Plan and all plan sheets should be corrected. b) Update plans to show deed references to any easements or right-of-way dedications. c) Label zoning of parcels on the opposing sides of Kenton and Chestnut Grove Roads. d) Show the location, direction, power and time of use for any proposed outdoor lighting. e) Label and provide detail of sidewalks, to include construction materials, construction details, and ADA accessibility requirements. i) Show ADA path (striped) from designated ADA parking to building entrances. ii) Show ADA accessibility where sidewalks cross the entrance to the site from Kenton Road. f) A sheet of construction details for bicycle parking, sidewalks, curbing, etc. must be provided. Several detail sheets are referenced in the plan notes. 5) Add the following information to Sheet C1, or on other sheets as appropriate: a) The Site Data Column will need to be updated prior to Final Approval with the following: i) Add bicycle parking count in the data column and add location of bicycle parking and a detail of its construction. ii) Add notes indicating actions taken on the Waiver Requests by the Planning Commission. On Sheet C1, General Note #22 must be updated. b) The proposed dumpster location is shown with dimensions listed in a note. Provide construction details and materials selected for the required enclosure. c) Update property addresses listed in the title block on all plan sheets. 6) A Record Plan was submitted, approved, and recorded as associated with Site Plan S-04-33. Any significant changes, additional dedications or easements will require the submission of a new Record Plan for Final Approval. 7) Sheet L1: a) Demonstrate compliance with the tree planting requirement by updating the landscape plan and tree density information including tables and schedules. All data for existing trees should reflect current conditions and tree inventory. b) Add to Data Column the total required and proposed area of Active Recreation Space. c) Delineate and label all areas of approved as Active Recreation Space, including the area around the stormwater management pond. 8) The City’s Grounds Division recommends the use of the Dwarf Abelia shrub as an alternative to the Japanese Barberry which is identified as an invasive plant. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES:

S-14-18 Tall Pines at 1655 and 1665 Kenton Road Final DAC Report of September 3, 2014 Page 7 of 9 1) Waiver Request- Elimination of Sidewalk Requirement: Staff recommends approval of the sidewalk waiver to delay construction of the sidewalk until such time as the implementation of the Kenton Road/Chestnut Grove Road corridor and intersection improvements. Discussions are underway between the property owner and DelDOT to identify the responsible party for constructions and/or funding of the sidewalk improvements on both Kenton Road and Chestnut Grove Road. 2) Staff recommends the acceptance of the evergreen tree plantings along the Chestnut Grove Road frontage as satisfying the screening (thick hedge) requirement for the parking lot when located across the street from residential areas. It is also recommended that a greater variety of evergreens be utilized rather than just Leyland Cypress trees. 3) The final landscape plan should be revised to incorporate tree species that can achieve mature heights beyond that typical of the ornamental trees proposed or provide screening from adjacent activity i.e. roads. Adjacent to the subject site are a number of mature trees at the corner of Kenton Road and Chestnut Grove Road within the dedicated right-of-way; these trees are likely to be removed when Kenton Road is improved. 4) Staff recommends approval of the Active Recreation Area Plan with the following recommended changes: a) Area 1: Relocate horseshoe pits to Area 2 to comply with required setbacks of game/court facilities from adjacent properties (Zoning Ordinance, Article 5 §10.15). b) Area 1: Add one (1) grill and one (1) picnic table to Area 1. Provide accessible concrete path to the picnic table. Revise ornamental tree plantings in the area to shade tree plantings. c) Area 1: The woodchip/mulch walking path should include a defined edging that will prevent encroachment of grass and/or weeds into the path area. d) Area 2: Add a bench near lawn game area with an accessible path. e) Area 3: Staff recommends elimination of this proposed lawn game area, finding the location and grading of questionable use, and that other designated recreation areas on the site meet the requirements of the Zoning Ordinance for Active Recreation Areas. 5) To meet the objectives of Article 10 §10 2.2 of the Zoning Ordinance, Staff recommends additional outdoor bicycle parking to include a minimum of two (2) spaces at each building entrance facing the parking lot (total 4 spaces). Planned improvements on Kenton Road will include bicycle lanes, and potential improvements in neighborhoods south of the project site are anticipated to improve bicycle connectivity to parks, schools, shopping areas, and nearby recreational amenities such as the YMCA. a) The use of “Inverted-U” racks capable of supporting of two (2) bicycles each are recommended. b) Any indoor storage areas capable of secure bicycle storage, within individual units or in common, should be noted. ADVISORY COMMENTS TO THE APPLICANT:

S-14-18 Tall Pines at 1655 and 1665 Kenton Road Final DAC Report of September 3, 2014 Page 8 of 9 1) It is noted that the subject property is listed on the City’s Delinquent Tax List as of August 28, 2014. However, the applicant is currently on a payment plan. The provisions of the Clean Hands Ordinance are not being invoked at the present time; the City reserves the right to make the project subject to the Clean Hands Ordinance if timely payment is not made. 2) The Planning Commission should act upon any waiver requests for the project as part of any motion to approve this project, or as a separate motion if necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 3) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and directly to other agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 4) In the event that major changes and revisions to the Site Development Plan occur in the finalization of the Site Plan contact the Planning Office. Examples include reorientation of the site improvements, relocation of site components like stormwater management areas, and increases in floor area or building addition. 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. 5) For building construction, the requirements of the building code or 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. 6) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections, Pre-Construction meetings (including a City of Dover Pre-Construction meeting), and permits are required. 7) Construction may have an effect on the adjacent property owners and nearby travel lanes. Any work requiring the closing or rerouting of potential customers or visitors to adjacent properties should be coordinated as to offer the least amount of inconvenience to the adjacent property owners. 8) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. It is recommended that the applicant discuss the sign regulation requirements with the Planning Staff prior to applying for a Sign Permit. 9) The applicant shall be aware that Site Plan approval does not represent a Building Permit

S-14-18 Tall Pines at 1655 and 1665 Kenton Road Final DAC Report of September 3, 2014 Page 9 of 9 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: AUGUST 27, 2014 APPLICATION: Tall Pines at 1655 and 1665 Kenton Road FILE #: S-14-18 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Aren Wright - 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.

Tall Pines File #: S-14-18 August 27, 2014 Page 2 of 5 WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. 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. 7. Please revise the minimum water main size from six-inches (6”) to eight-inches (8”) under Domestic Water System – City of Dover Department of Public Works notes on Sheet C2. 8. Please revise the fire hydrant requirement to Darling Co. B-62-5-5 with 5 ¼” valve opening. The fire hydrant shall also have a Dover Special taper on the operating nut. This note located under Domestic Water System – City of Dover Department of Public Works notes on Sheet C2. 9. Install a gate valve one-foot (1’) beyond the right-of-way for the water service to this property. 10. Please replace the proposed cap east of Sweetgum Drive with a blowoff assembly. 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:

Tall Pines File #: S-14-18 August 27, 2014 Page 3 of 5 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. 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. The sanitary sewer pipe SS-1 is in direct conflict with the proposed S.D. MH 1, please redesign to meet all requirements of the City of Dover Water / Wastewater Handbook. 9. Please revise note 3 under Sanitary Sewer System – City of Dover Department of Public Works notes on Sheet C2, the City specifically allows “red sewer” brick above the manhole cone. 10. Install a manhole / cleanout one-foot (1’) beyond the right-of-way for the sanitary sewer service to this property. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. SANITATION / GROUNDS 1. None GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format).

Tall Pines File #: S-14-18 August 27, 2014 Page 4 of 5 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER 1. The existing conditions of the water infrastructure at the intersection of Chestnut Grove Road and Sweetgum Drive has been upgraded recently, please contact the Department of Public Works to discuss. The new infrastructure will require revisions to your proposed water connection. 2. Please provide a demolition plan that depicts the removal of all existing structures / water infrastructure on the existing site. WASTEWATER 1. Please provide a demolition plan that depicts the removal of all existing structures / wastewater infrastructure on the existing site. STORMWATER / STREETS / SANITATION / GROUNDS / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. 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. Impact fees will be required for 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. Prior to plan approval, the sanitary sewer system plans must be submitted to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. 4. Impact fees will be required for this project. SANITATION 1. Sanitation service for this property shall be private. STORMWATER / STREETS / GROUNDS 1. None.

Tall Pines File #: S-14-18 August 27, 2014 Page 5 of 5 GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: September 3rd, 2014 D S O H V A E L R APPLICATION: Tall Pines at 1655 and 1665 Kenton Rd FILE #: S-14-18 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Timothy Mullaney Jr., 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. Primary fire lanes are required to be 24 feet wide and cover the side of the building that has the primary entrance and exit. Secondary fire lanes can be reduced to 16 feet wide. Both can be no closer than 10 feet to the building and no farther than 50 feet from the building. Fire lanes shall cover 35% of the proposed building per Delaware State Fire Prevention Regulations. This shall clearly be shown on the plans. 2. Firefighter perimeter access will be 75% per Delaware State Fire Prevention Regulations; building appears to be classified as a Residential Occupancy. This clearly shown on the plans. 3. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. 4. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection per City of Dover Code of Ordinances. 5. Building cannot be occupied or construction or renovations started until completion of building and fire plan review.

6. All required means of egress shall have an exit discharge consisting of a non slip surface, and leading to and terminating at a public way. 7. Knox Box required. 8. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1. Fire lane needs to be extended at south end (dead end).Contact this office at 302-736- 4457 to discuss more in depth of what is being required. ADVISORY COMMENTS TO THE APPLICANT: 1. After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. 2. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. 3. The proposed building will be reviewed under Residential Occupancy. 4. The City of Dover uses the 2012 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2012 Delaware State Fire Prevention Regulations. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 26, 2014 T =============================================================== APPLICATION: Tall Pines at 1655 and 1665 Kenton Road FILE#: S-14-18 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. In order to be issued an entrance permit, the department will require the applicant to provide the proper forms, fees, and plans. 2. Per Section 3.6.5 of the Standards and Regulations for Subdivision Streets and State Highway Access Adopted February 15, 2010, an 80-foot wide right-of-way (40-feet from the centerline) is required for a minor arterial. According to the Kent County Classification Maps, KCR 104 (Kenton Road) is classified as a minor arterial road. If the existing right-of-way does not have the proper width along the frontage of the site, the department will require the right-of-way dedication for public use. 3. Per Section 3.6.5 of the Standards and Regulations for Subdivision Streets and State Highway Access Adopted February 15, 2010, an 60-foot wide right-of-way (30-feet from the centerline) is required for a local road. According to the Kent County Classification Maps, KCR 156 (Chestnut Grove Road) is classified as a local road. If the existing right-of-way does not have the proper width along the frontage of the site, the department will require the right-of-way dedication for public use. 4. ADA compliant sidewalks must be installed along the site frontage. 5. The developer must enter into a traffic signal agreement with DelDOT for the intersection of Kenton Road and Chestnut Grove Road. Also, the developer must participate in the intersection improvements/re-alignment.

RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 27, 2014 APPLICATION: TEXT AMENDMENT: PND BUFFER AND SETBACKS FILE #: MI-14-12 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Aren Wright - 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 / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. Our office has no objections to the proposed text amendments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 26, 2014 T =============================================================== APPLICATION: Texts Amendments: PND Buffer and Setbacks FILE#: MI-14-12 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. The Department has no comments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2014-18 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Appendix B - Zoning, Article 3 - District Regulations, Section 24 - Planned Neighborhood Design 4 Option (PND), Subsection 24.62 - Buffers, of the Dover Code be amended by deleting it in its entirety and 5 re-designating the remaining Subsections accordingly. 6 BE IT FURTHER ORDAINED 7 That Appendix B - Zoning, Article 4 - Zoning Bulk and Parking Regulations, Section 4.10 of the Dover 8 Code be amended by striking the text indicated in red, strikeout and inserting the bold, blue text, as follows: 9 Section 4.10. R-20, R-15, R-10, R-8, RM-1, RM-2 planned neighborhood design option and recreation 10 and open space zone (ROS). 11 Bulk and parking standards for PND within the following zones: R-20, R-15, R-10, R-8, RM-1, 12 RM-2, as well as Bulk and Parking Standards for the ROS zone are as follows: One-Family One-Family Detached Lot Line Duplex Multiplex Dwellings Dwellings Dwellings Dwellings 13 Minimum requirements per dwelling unit: 14 Lot area (sq. ft.) 7,500 6,000 4,500 4,000 15 Lot width (ft.) 70 65 40 16 Lot depth (ft.) 100 90 100 17 Off-street parking spaces 2 2 2 2 18 Minimum requirements per building: 19 Front yard (ft.) 25 15 20 25 15 30 20 Minimum side yard (ft.) 8 — — 10 21 Total side yards (ft.) 20 30 10 30 22 Rear yard (ft.) 30 20 40 30 20 20 23 Lot width (ft.) 80 24 Lot depth (ft.) 80 25 Maximum permitted: 26 Building height 27 Stories 2½ 2 2½ 3 28 Feet 35 24 35 35 29 Lot coverage 40% 45% 45% 50% 30 Number of dwelling units per building 1 1 2 5

Proposed Ordinance #2014-18 - Appendix B - Zoning - PND Page 2 31 BE IT FURTHER ORDAINED 32 That Appendix B - Zoning, Article 4 - Zoning Bulk and Parking Regulations, Subsection 4.11 of the Dover 33 Code be amended by striking the text indicated in red, strikeout and inserting the bold, blue text, as follows: 34 Section 4.11. R-20, R-15, R-10, R-8, RM-1, RM-2 planned neighborhood design option and recreation 35 and open space zone (ROS). 36 Bulk and parking standards for PND within the following zones: R-20, R-15, R-10, R-8, RM-1 and RM- 37 2, as well as Bulk and Parking Standards for the ROS zone are as follows: Patio Houses Townhouses Garden Apts. 38 Minimum requirements per dwelling unit: Minimum average lot area (sq. ft.) 3,500 2,200 1,800 Minimum lot area (sq. ft.) 3,000 2,000 1,800 Lot width (ft.) 40 22 Lot depth (ft.) 70 80 Off-street parking spaces 2 2 2 39 Minimum requirements per building: Lot area 1 acre Lot width (ft.) 100 Lot depth (ft.) 125 Building setback 40 From street (ft.) 15 30 20 50 41 From property line (ft.) — 20 10 50 Building spacing — 30 50 Patio area 60% Patio dimension (ft.) 20 42 Maximum permitted: Building height 43 Feet 24 35 35 44 Stories 2 3 2 Lot coverage 60% 75% 60% Average No. of dwelling units per building 1 8 24 45 ADOPTED: * 46 S:\ORDINANCES\2014\DRAFT\Ordinance #2014-18 Amending Appendix B - Zoning - PND-First Reading.wpd 47 SYNOPSIS 48 The proposed ordinance amends the Planned Neighborhood Design to eliminate the 49 40-foot buffer around the perimeter of the development and to reduce the front and rear 50 setbacks. 51 (SPONSORS: HUTCHISON, WILLIAMS, AND TOWNSHEND) 52 Actions History 53 08/25/2014 - Scheduled for First Reading at City Council 54 08/11/2014 - Introduced at Parks, Recreation, and Community Enhancement Committee

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 27, 2014 APPLICATION: TEXT AMENDMENT: SITE PLAN DEVELOPMENT APPROVAL FILE #: MI-14-14 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Aren Wright - 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 / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. Our office has no objections to the proposed text amendments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 26, 2014 T =============================================================== APPLICATION: Texts Amendments: Site Plan Development Approval FILE#: MI-14-14 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. The Department has no comments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2014-20 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Appendix B - Zoning, Article 10 - Planning Commission, Section 2 - Site Development Plan Approval of 4 the Dover Code be amended by deleting the text indicated in red, strikeout and inserting the bold, blue text, as 5 follows: 6 Section 2. - Site development plan approval. 7 2.1 Required. Site development plan approval shall be required for the erection or enlargement of all 8 structures and the establishment of any use for which site development plan approval is required by 9 this ordinance. Site development plan shall be required according to the following criteria: 10 2.11 Planning commission site plan review. Site development plans shall be subject to review and approval 11 by the planning commission if they meet the following thresholds: 12 (a) New structures. Site plans for new structures of 5,000 square feet or greater in floor area; or 13 (b) Additions to existing structures. Site plans for additions to existing structures that (1) constitute 14 15 percent or more of the existing floor area, and (2) new floor area is greater than 5,000 square 15 feet; or 16 (c) Additions of Impervious surface additions. Site plans that propose new or additional 17 impervious surfaces that (1) constitute 15% or more of the existing impervious surface area 18 and (2) are equal to or greater than 5,000 square feet of impervious surface with a total of 19 5,000 square feet or greater of new or added impervious surface, including new structures 20 or building additions ; or 21 (d) Adjacent to residential. Nonresidential site plans with site disturbance greater than 2,500 square 22 feet and adjacent to residential uses or residential zones. 23 2.12 Site development master plan. Site development master plans shall be subject to review and approval 24 by the planning commission in accordance with subsection 2.44. 25 2.13 Zoning review. For site development plans involving construction of a single-family detached, single- 26 family attached, or single-family semidetached dwelling; an accessory structure; or a nonresidential 27 change of use for which no building addition or increase in impervious surface cover is proposed, the 28 city planner or his designee may approve the site development plan in conjunction with building permit 29 review. 30 2.14 Administrative site plan. All site development plans that do not meet the thresholds for zoning review 31 in accordance with subsection 2.13 or planning commission site plan review in accordance with 32 subsection 2.11 shall be reviewed as administrative site development plans. 33 ADOPTED: * 34 S:\ORDINANCES\2014\DRAFT\Ordinance #2014-20 Amending Appendix B - Zoning, Article 10 - Planning Commission, Section 2 - Site Development Plan Approval-First Reading.wpd

WAIVER REQUEST TALL PINES SITE PLAN REQUEST: Elimination of sidewalk installation requirements for the frontage of the site due to the nature and location of site. EXTENT OF THE REQUEST: The City of Dover Zoning Code, Article 5, Section 18.1 requires installation of a sidewalk along the public street frontage for all development proposals subject to Planning Commission review and approval. We request a waiver to eliminate the requirement for sidewalks along the frontage of the site. We believe the explanations provided in the next section demonstrate a hardship based on the criteria outlined in the City of Dover Zoning Code, Article 5, Section 18.4. BASIS FOR REQUEST: 1. The City of Dover Development Advisory Committee (DAC) report for S-04-33 Tall Pines Condominiums, dated 12/02/04, included comments from DelDOT. In particular is comment no. 2 that states “DelDOT or its assignee will complete all improvements within the right-of-way, including curb, sidewalk and roadway construction.” (See Attachment No. 1) 2. The City of Dover Planning & Inspections’ DAC comments, dated 12/09/04 includes a comment under the section Site Considerations acknowledging that “the sidewalks are part of the “improvement within the new right-of-way to be completed by DelDOT.” The timing of the installation of the sidewalk is unknown.” (See Attachment No. 2) 3. DelDOT approved the entrance plans in June 2005. In exchange for right-of-way dedication, DelDOT agreed to construct the improvements within the right-of-way, including the sidewalk along the site frontage. There is a note on the City of Dover approved site plans and the DelDOT approved entrance plans that states “Improvements within the new right-of-way to be completed by the State”. Woodbrook Ventures, LLC honored their portion of the agreement by dedicating the right-of-way. (See Attachment No. 3) 4. DelDOT has no plans to extend the sidewalk north of Chestnut

Grove Road. Per the DelDOT entrance approval, the State is responsible to construct the sidewalks. 5. The property is isolated with respect to sidewalks with no existing sidewalk in the immediate vicinity except a short sidewalk segment south of the site (on the west side of Kenton Road) that is in disrepair. Requiring a sidewalk that does not connect to a larger sidewalk network creates a financial hardship for an improvement that will not be used until the State extend sidewalks along Kenton Road and Chestnut Grove Road. Attachments 200401101aj-waiver

ATTACHMENT NO. 1 Cn r OF D OV ER D £ D E V E L O P M E N T A D V I SO R Y C O M M I T T E E L A PP L I C A T I O N R EV I E W C O M M E N T A R Y 0 O D A C M E ET TN G D A T E : D e c e m b e r 2 200 4 . . . , T A P P L I C A T I O N : T a ll Pi n e s C o n d o m i n i u m s FI L E # : 3 0 4 3 3 - - R E V TE WT N G A G E N C Y : D e l D O T C O N T A CT P E R S O N : R i c h a r d A . Wo o d h a ll P H O N E D: 7 60 22 62- T H E S U B J E CT P RO T O SA L H A S B EEN R E V I E W E D FO R CO D E C O M P L I A N C E P U N C ON F O RM I T Y A ND C O M P L ET E NE S S JN A CC O R D A N C E W I T H T H I S A G E N C Y S a U T H O RJ T Y AREA OF E X P E RT I SE ' AN D T H E F O L L O W I N G IT E M S H A V E B E E N I D EN T I F I ED A S E L E M EN T S W H I C H N E E D T O B E A D D R E S S E D B Y T H E A P P L IC A N T : C IT Y & ST A T E CO DE R EQUI R EM E N T S : Pr o v i d e t r a ff i c g e n e r a t i o n if g u r e s . P r o v i d e t h e i n i t i a l s t a g e f o r m a n d f e e a n d a l e t e r o f n o o bj e c t i o n w i l l b e i s s u e d t o th e C it y . RE CO H M E M DA T I O N S S U G GE S T E D A S CONDI T I ONS O F . h T PR OV A L TO MEE T C O DE O BJ EC T I V E S : A DV I S O R Y C O MM E N T S T O T H E A P PL I CA NT . : Fo r th e r e c o rd : 1 . Wo o d b r o o k D e v e l o p m e n t L L C . . . h as m e t w ith re pr e s e n t at i v e s o f D e l D O T a n d a gr e e d t o d e d i c a t e 13 2 4 6 s f o f l a n d t o , a l l o w f o r t he r e - a l i gn m e n t o f Ch e sm u t G r o v e Ro a d . 2 . 2 . D e lD O T o r i t s a s s i g n e e w i l l c o m p l e t e a l l im p r o v e m e n t s w i t h i n th e ir gh t o f w ay , i n c lu d i n g c u r b , s id ew a lk an d ro a d w a y c o n s tr u c tio n . 3 D e JD O T , W o o d b r o o k D e v e l o p m e n t a n d K e n t C o n s e r v a t i o n D i s t ir c t w i l l w o r k to ge the r to p r o v i de a p o s i t i v e o u t f a l l f o r t he s t o r m w a t e r p o n d a s i t w a s m o v e d t o p r o v i d e f o r t h e de d i c a t i o n . 4 . D e lD O T a gr ee s t ha t t h e e n t r a n c e lo c a t i o n to t h e s i ce is lo c a t e d i n th e b e st in te r e s ts o f t r a tf i c a n d sa f e t y d u e to th e pr o x i m i ty o f the i n te rs e c ti o n If you ha v e a n y q u e stio n s o r n e e d to d isc u ss a n y o f the a b o v e c o m m e n ts p le as e c a l l th e , a bo v e c o n t a c t p e r s o n a n d t h e p l a n n i n g d e p a r t m e n t a s s o o n a s p o s s i b le .

ATTACHMENT NO. 2 S 0 4 3 3 T a l l P i n e s C o n d o m in iu m s - - i D A G R e p o r t fo r D e c e m b e r 9 , 2 00 4 P a ge 3 e li gib le t o p a r k in t he d e s i gn a t e d h a n d ic a p p e d p a r k in g s p a c e s . B U I L D IN G A R C H I T E C T U R E j E l e v a ti o n dr a w in g s f o r the g a r d e n a p a r t m e n t b u i l d i n g h a v e b e e n s u b m i t t e d (d r a w i n g s d a t e d 1 0 / 2 9/ 0 4 ) T h e . e x t e r i o r if n i s h e s o f t h e s e t h r e e s t o r y b u i l d i n g s i n c l u d e a if r s t lf o o r o f a m a s o n r y m a t e r i a l a n d t h e s e c o n d a n d t h i r d lf o o r s o f a ho r iz o n t a l s idin g t o p p e d w it h a s hin gle hip p e d r o o f . T h e m a in e n tr y to th e b u ild in g is c e n t e r e d o n th e w e s t a n d e a st e le v a ti o n a n d is pr o t e c t e d by a ga bl e r o o f su pp o r t e d by p a i r e d c o lu mn s o n a m a s o n r y ba se T h e ga b le r o o f f o r m is a l so u t il iz e d . f o r th e p r o j e c ti o n s o n a l l f o u r e l e v a t io n s O n th e e a st a n d w e s t e le v a tio n the s e pr oj e c t i o n s . in c lu de a b a lc o n y sp a c e f o r e a c h dw e ll in g u n it T he . sy st e m o f p a ir e d c o lu mn s i s p a r t o f the su p p o r t str u c t u r e o f the b a lc o n y a n d ba lu s tr a de . T he fo u r o v e r o n e w in do w u n it s a r e fo u n d a s s in gle u n it o r a s gr o u p i n g s o f t w o o r t h r e e w i n d o w s T h e b u i l d i n g i n c l u d e s t r i m w o r k d e t a i l s t o . highl ig ht the tr a n sit io n s b e t w e e n lf o o r s t h e w i n d o w a n d d o o r s u r r o u n d s a n d g a b l e e n d s , , . A dd iti o n a l in f o r m a t io n is n e c e s s ar y to c la r if y the e x a ct m a te r i a l s p r o p o se d . Si t e C o n s i d e r a t i o n s Sid e w a lk s a r e r e qu i r e d a l o n g th e p u b l i c str e et fr o n t a g e s o f K e n t o n R o a d a n d C h e s t n u t G r o v e R o a d . " T he si de w a lk s ar e part o f th e im p r o v e me n ts w i thin n e w r ig ht o f w a y - - to be c o m p l e te d by " D e lD O T . T h e t i m i n g o f th e i n s t a l l a t i o n o f th e s i d e w a l k i s u n k n o w n . B a r r i er fr e e a c c e s s r a mp s sh a ll b e in st a ll e d a t a ll p o in t s w h e r e si de w al k s in t e r se ct w ith r o a d w ays d p a r k i n g a r e a s T h e e l e v a it o n c h a n a t th e b u i l d i n g e n it a n c e sh o u l d be c l a r i if e d E n t r y in to the - a n e s . g . bu il din g s ho u ld be a c c e ss ible a s w e l l ; it i s u n c le a r i f th e r e a r e st e p s o r a r a m p u p fr o m t h e s i d e w a l k to the e n h a n c e la n din g ; c ^L . j . v A D u m p st e r p a d a n d e n c l o s u r e i s d e p i c t e d o n it i e p l a n a n d w i ll n o t be s e r v e d b y C ity o f D o v er h ash c o l le c t io n . H o w ev er , th e ty pe o f m a s o n r y m u s t b e i d e n it if e d a n d a c o n s t r u c t i o n d e t a i l p r o v i d e d . A d e q u a te li gh t in g ap p e a r s to b e s ho w n o n the p la n thr o u gh a s e ir e s o f li gh t p o le s in it h e pa rk i n g lo t s . O P EN SP A C E A N D R E C R E A T I O N A R E A S T h e de v e lo p e r in c l u d e d o n th e p la n th e e l e m e n ts o f a C o n c e p tu a l R e cr e a t io n P la n w h i c h ill u s h a t e s h o w t he p r o j e c t w ill p r o v id e r e cr e a t io n a m e n iti e s r e q u ir e d in A r ti c l e 5 , S e c t io n 10 o f the Z o n in g O r din a n c e . B a se d o n the n u m be r o f r e s i d e n t i a l d w e l l i n g u n i t s p r o p o s e d (2 4 u n it s) a n d t h e m i n i m u m a r e a r e q u ir e m e n t s , th is su bd iv i s io n s h a ll p r o v id e 0 5 acres + / . - (2 1 780 S F ) o f , . . o pen sp a c e d e s ig n e d to f u n c t io n a s a c ti v e r e c r e a t io n s p a c e . There a r e pro v is io n s f o r th e e x e m p ti o n o f d e d i c a t i n g l a n d fo r a c t iv e r e c r e a t io n w it hin s m a l l r e s i d e n ti a l d e v e l o pm e n t s o f l e s s f h a n if v e a c r e s ; ho w e v e r , thi s d e v e l o p m e n t e x c e e d s t h e u n i t c o u n t ( A tr i c l e 5 § 1 0 5 1 ) . . T he Pl a n i n di c a t e s th a t 2 8 3 4 7 S F , . . o f l a n d w i ll b e r e se r v e d a s a c t iv e r e c r e a ti o n sp a c e . H ow ev er , t his a r e a c a l c u l a t i o n t o t a l d o e s n o t fo l l o w th e r e q u ir e m e n t s o f th e d e s i gn g u i d e l i n e s O n e a r e a o f . A c tiv e O p e n Sp a c e is p r o p o s e d w ith t he p a r k b e n c h e s , h o r s e s h o e p i ts a n d a ga z e b o i n th e ,

ATTACHMENT NO. 3 m m < m - > C m n! g U N il t i l I S H ; i sS i i III ' " S3 Si p I ! 5 Si W O O DB R OO K V EN T U RE S, L L C . . T A L L P IN E S w CO N D O M I N IU M S 1 » P !l 3 . c = g , ^ j a s; ! I s « ♦ 3 50 7 & 3 5 2 1 CH E S T N U T GR O V E R OA D c m * O F D OVE R K E NT COU NTY , D ELAW ARE

PETITION TO AMEND ZONING ORDINANCE TEXT Report to the Dover Planning Commission September 15, 2014 Proposed Change: Amendments to the Zoning Ordinance, Article 3 – District Regulations, Section 24 – Planned Neighborhood Design Option (PND), Subsection 24.62 – Buffers and Article 4 – Zoning Bulk and Parking Regulations, Sections 4.10 and 4.11, relating to the required 40-foot buffer around the perimeter of PND developments and the front and rear yard requirements for houses in PND developments. This Ordinance was submitted by a member of the public and sponsored by members of City Council. Summary of Amendment: The proposed Ordinance would eliminate the requirement for a 40-foot buffer around the perimeter of developments approved under the Planned Neighborhood Design (PND) Option. It would also reduce the front and rear yard requirements for houses in developments approved under the PND Option. Staff Comments: Staff is overall supportive of the proposed Ordinance, but offers the following comments for consideration by the Planning Commission. 1. As it relates to the elimination of the 40-foot buffer requirement around the perimeter of PND developments, staff supports the amendment. While in many cases, this buffer has been part of private open space, when the buffer is on private lots, it has prevented homeowners from making normal improvements to their properties, including the addition of fences, sheds, and decks. The required buffer does not provide any clear benefits to the developments or neighboring properties. 2. As it relates to the reduction in front and rear yard requirements, staff is supportive of this and believes that the change would improve flexibility for builders in lot layout. Staff notes that under the provisions of the Section 24 – Planned Neighborhood Design Option (PND), applicants can currently request that the Planning Commission adopt setbacks and other bulk standards specific to the proposed development, even without the proposed changes. The proposed amendment would reduce the setbacks across the board for all PND developments. 3. Staff notes that the Ordinance, as proposed, does not address the issue of retroactivity to previously-approved PND developments. To this end, staff offers Staff Amendment #1 to Ordinance #2014-18. Ordinance Number: #2014-18 File Number: MI-14-12

PETITION TO AMEND ZONING ORDINANCE TEXT Report to the Dover Planning Commission September 15, 2014 Proposed Change: Amendments to the Zoning Ordinance, Article 10 Section 2 pertaining to Site Development Plan approval. The proposed ordinance includes a correction to the amendments approved as part of Ordinance #2014-08, which was approved by City Council on July 14, 2014. Summary of Amendment: On July 14, 2014, City Council adopted Ordinance #2014-08, which rewrote the commercial and office zones within the Zoning Ordinance and streamlined processes for zoning administration. One change that helped to streamline processes allows for an existing building expanding by up to 15% to be reviewed administratively. In drafting the language, staff did not develop similar language for expansion of impervious cover, although that was the intent. The proposed amendment would correct this omission and allow for up to 15% expansion of impervious cover on a site to be reviewed administratively. Ordinance Number: #2014-20 File Number: MI-14-14