Planning Commission Packet 03-15-2021

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, March 15, 2021 at 7:00 PM Virtual Meeting AGENDA Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. VIRTUAL MEETING NOTICE The Planning Commission Meeting for March 15, 2021 will be held only as a Virtual Meeting using WebEx. Representatives of each Project Application will receive a specific invitation to attend this meeting. Regular Planning Commission member participants will receive a specific invitation to attend the meeting as a Panelist. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of March 15, 2021 Dial: 1-408-418-9388 Event number/Access code: 129 445 0960 Event password: DoverPC Event Address: http://bit.ly/PCMeeting031521 If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736- 7196. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ADOPTION OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of February 16, 2021. COMMUNICATIONS & REPORTS 1

PLANNING COMMISSION - March 15, 2021 PAGE 2 Meeting Reminder: The next Planning Commission regular meeting date Monday, April 19, 2021 at 7:00 PM. Update on City Council Actions Department of Planning & Inspections Updates OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval NEW APPLICATIONS 2. C-21-02 JJ’s Learning Experience 2 Child Day Care Center at 756 South Little Creek Road - Public Hearing and Review of an Application for Conditional Use to permit renovation of a 10,111 SF space in an existing one-story 33,143 SF building into a Child Day Care Center to serve 170 children. The property consists of a 2.39 acre+/- parcel and is located on the south side of South Little Creek Road opposite Babb Drive. The property is zoned C-4 (Highway Commercial Zone). The owner of record is Empire Medical, LLC and the applicant is JJ’s Learning Experience 2. Location Address: 756 South Little Creek Road Suite 1. Tax Parcel: ED-05-077.00-01-03.00-000. Council District 2. 3. C-21-03 Warehouse Building at College Business Park Lot D – Public Hearing and Review of Conditional Use Site Development Plan to permit construction of a 9,520 SF one story Commercial Warehouse Building with associated site improvements on a 0.9907 acre +/- parcel. The property is zoned M (Manufacturing Zone). The property is located north of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right-of-way. The owner of record is Stoltzfus LLC (HSM Exchange LLC). Property Address: 1255-1257 College Park Drive. Tax Parcel: ED-05-067.00-02-12.06-000. Council District 4. Consideration of Performance Standards Review Application. Waiver Request: Partial Elimination of Upright Curbing. Application C-15-03 Cellco Partnership dba Verizon Wireless at 1255 College Park Drive approved by Planning Commission in August 2015 and Final Plan Approval on January 11, 2016 developed a telecommunications monopole (Towed Based Wireless Communications Facility) on the property. 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road - Public Hearing and Review of a proposed Site Development Plan Application to permit construction of a 7,072 SF one story School Building behind an existing 37,960 SF School Building. The Plan also shows additional landscaping to meet code requirements. The property measures 4.757 acres +/- and is located on the west side of Saulsbury Road approximately 900 feet north of Forrest Avenue. The property is zoned IO (Institutional and Office Zone) and is subject to the COZ-1 (Corridor Overlay Zone). The owner of record is Dover School LLC. Address: 104 Saulsbury Road. Tax Parcel Number: ED-05-076.07-01-27.00-000. Council District 1. Waiver Request: Elimination of Fence Component of Opaque Barrier and Alternative Format of Opaque Barrier. The property was originally developed with Site Plan S-02-27 Dover Academy Charter School approved by Planning Commission October 21, 2002. 2

PLANNING COMMISSION - March 15, 2021 PAGE 3 5. S-21-03 Three Lots at Secure Storage on Lafferty Lane: Master Plan - Public Hearing and Review of a Site Development Master Plan Application to permit development of three (3) existing parcels. The parcels are listed as Lots 2, 3, and 4 respectively; with Lot 1 being the main parcel for the Secure Storage Facility. Lot 2 is proposed to contain a Building of 23,600 +/- SF with associated site improvements. Lot 3 is proposed to contain a Building of 23,600 +/- SF with associated site improvements. Lot 4 is proposed to contain a Building of 21,400 +/-SF with associated site improvements. The proposed development area of the three Lots totals 7.67 acres +/- and is zoned IPM (Industrial Park and Manufacturing Zone). The land tracts are located on the north side of Lafferty Lane and east of Bay Road. The owner of record is Secure Storage LLC. Property Addresses: unaddressed but are adjacent to 640 Lafferty Lane. Tax Parcels: ED-05-077.00-01-25.01-000, ED-05-077.00-01-25.02-000, and ED-05-077.00-01- 25.03-000. Council District 2. Waiver Requests: Elimination of Sidewalks, Partial Elimination of Upright Curbing and Consideration of Performance Standards Review Application. The three Lots were created as part of a Minor Subdivision Plan with Site Plan S-02-23 Secure Storage LLC for Mini-Storage Facility (Lot 1) in 2002. 6. SB-21-01 Lands of Bayroadcap, LLC at 600 Bay Road: Minor Subdivision Plan - Public Hearing and Review of a Minor Subdivision Plan to subdivide the Bay Road Commercial property consisting of 12.94 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 is to be 4.95 acres+/- and encompass the western portion of the property developed with Phase 1: Building, stormwater management facility, and parking area. Lot 1 does not have frontage on Bay Road. Lot 2 is to be 7.99 acres+/- and encompass the eastern residual portion of the property with frontage on Bay Road. The subject property is located on the west side of Bay Road near its intersection with Blue Hen Boulevard and the Bay Court Plaza entrance drive. The property is zoned C-4 (Highway Commercial Zone). The owner of record is Bayroadcap, LLC. Property Address: 600 Bay Road. Tax Parcel Number: ED-05-077.00-01-09.00-000. Council District 2. Subdivision Waiver Requested: Elimination of Requirement for Lot Frontage on a Public Street. Application S-19-20 Delaware State Police Building Update at Bay Road Commercial was approved by the Planning Commission in September 2019 and received Final Plan Approval on March 6, 2020 regarding the development of the Lot 1 area superseding Application S-17-20. Application C-20-02 Landing Square: Revised Phase 2 Area was approved by the Planning Commission on August 17, 2020 for the commercial development of the Lot 2 area. NEW BUSINESS ADJOURN Posted Agenda: Friday, March 5, 2021 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRAURY 16, 2021 The Meeting of the City of Dover Planning Commission was held on Tuesday, February 16, 2021 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mrs. Malone, Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Roach and Mr. Baldwin were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present were Mr. James Taylor, Mr. Doug Liberman, Ms. Debora Hansen, Mr. Jonathan Street, Mr. Constantine Malmberg, Mr. Donny Legans, Mr. John Viglianti and Mr. Gregory Moore. Speaking from the public were Mr. Ted Werner, Mr. Parin Patel, Mr. Scott Kidner, Mrs. Michelle Johnson, Mr. Kirk Johnson, Mr. Jeff Niezgoda, Mr. Cameron Llewellyn, Mr. Todd Stonesifer, Mrs. Theo Braunskill and Ms. Linda Parkowski. APPROVAL OF AGENDA Dr. Jones moved to approve the Agenda tonight, seconded by Mr. Adams and the motion was unanimously carried 7-0 with Mr. Roach and Mr. Baldwin absent. APPROVAL OF MEETING MINUTES OF JANUARY 19, 2021 Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of January 19, 2021, seconded by Mr. Adams and the motion was unanimously carried 7-0 with Mr. Roach and Mr. Baldwin absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, March 15, 2021 at 7:00PM. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on January 25 & 26, 2021 and February 8 & 9, 2021. Mrs. Melson-Williams stated that Mr. Hugg mentioned the Comprehensive Rezoning Project. The City is in the beginning of a process for what they call the Comprehensive Rezoning process. It is a follow-up as an implementation item to the Comprehensive Plan that was adopted in 2019. It requires us to compare the City’s Zoning Map with the Land Use Development Plan Map of the Comprehensive Plan. On Friday of last week, we sent informational items to those property owners who we have identified and are recommending for a Rezoning. This is an initial public outreach to them, and we do know that they have started to receive them in the mail as of this week. We are planning a Virtual Information Session and that will be held on February 23, 2021. They have the opportunities for meetings three times that day. There will be a WebEx Session at 10AM, 4PM and 7PM that day to introduce the public in general to our Comprehensive Plan Rezoning Project. We have a good amount of information already up on the City’s website and will be providing more information there as well. We are planning a walk up 1 4

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 display at City Hall to be located at the portico area which is the connection between the two- story and the one-story sections of City Hall located at 15 Loockerman Plaza. That Map and Information should be up at some point next week. If you are interested in the project, certainly reach out to the information sources that we have. Timelinewise, we are just getting started on the initial outreach. It will move through a formal review process with both Planning Commission and City Council later this Spring. Mrs. Melson-Williams stated that Staff tries to make our Planning Commission aware of training opportunities. Included in the packet we have some training opportunities offered by the University of Delaware: Institute for Public Administration. There was one that was held this past Friday and the next one is on March 5, 2021. It is an “Introduction to Land Use Administration”; so, it is really a look at what the Planning Staff does for review of an application when it is filed and how that process works. For those of you that are familiar with the City of Dover, one of the presenters is Mrs. Ann Marie Townshend who is the former Planning Director for the City of Dover and who is now the City Manager for the City of Lewes. She is still sharing her knowledge on land use activity. We certainly encourage Planning Commissioners to participate in these. It is free but you do have to register ahead of time and it is another famous Zoom meeting. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the Virtual Meeting using the WebEx system. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None S-19-03 DuPont Plaza Retail Center at 747 North DuPont Highway: Master Plan – Request for a One Year Extension of the Planning Commission conditional approval granted March 18, 2019 and as revised on July 15, 2019 for a Site Development Master Plan to permit phased construction of a retail center to consist of four buildings totaling approximately 62,260 SF in three phases. The buildings proposed include three multi-tenant retail structures and a restaurant. 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-05-068.05-01-15.00-000. Council District 3. Final Record Plan Approval on February 13, 2020 of Minor Subdivision Application SB-18-01 created this 10.007 acre+/- property. Administrative Site Plan S-19-18 DuPont Plaza at 747 N. DuPont Highway: Phase 1 - Buildings A and B associated with this Master Plan is pending Final Plan Approval. Representative: Mr. James Taylor, Duffield & Associates Mrs. Melson-Williams stated that this application is for a property located at 747 North DuPont Highway; just to the south of Leipsic Road. The piece in particular has frontage on DuPont Highway. It came through a Planning Commission review process as a Master Plan back in 2 5

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 March 2019. With a Master Plan, they are required to achieve Final Plan Approval and then commence construction within a two-year time frame from the Planning Commission approval. At this point, we are coming up on that two-year mark; however, the applicant has been working towards Final Plan Approval. They have submitted the Administrative Site Plan for Phase 1 which focuses on two of the buildings of the project; the two westernmost buildings. They are extremely close to Final Plan Approval in that Final Plans are in the Planning Office and approval is expecting emminently. They have achieved all of the other agency approvals; however, they may not be under full construction by the March 31, 2021 deadline. Hence, they are seeking the Request for a One-year Extension that will allow them to finalize the plan and then pull permits to begin construction of the project. They have done some work at the site work already within the past year related to demolition of existing features on the property. There was a lot of pavement areas and utility preliminary work that they were able to get started on, really in response to kind of clean up issues of the site that had been identified by our Code Enforcement Staff at the time. Mr. Taylor stated that as Mrs. Melson-Williams mentioned, we were before Planning Commission in March 2019 and then again in July 2019 for the Site Development Master Plan. We have received all of the approvals from DelDOT and Kent Conservation District as well as Dover Public Works and Water/Wastewater Department. At this point, we are just trying to get underway. They were able to do some demolition to the site back in May and June. At this point, things have been halted as we get the rest of the plans finalized. We are looking to get this project moving forward. Mr. Hartman stated that he believes that this project needs to be approved. Has the cross-access area between the shopping center and the residential area been decided upon? Responding to Mr. Hartman, Mrs. Melson-Williams stated that this property was part of a Minor Subdivision Application as well that separated this commercial component tract from what was proposed initially to be perhaps a residential component that had frontage along Leipsic Road. There is a Record Plan that divides the property and includes notations about the linkages between the two parcels, but we have not seen a redevelopment plan for what would be a potential residential component to the north and east of this site. There is a Record Plan that notes that shared access and the series of cross-access for both vehicular travel and for potential utility structures and stormwater management as well. Mr. Taylor stated that there was a plan at one point to do residential on the north portion. Cross- access as Mrs. Melson-Williams mentioned, was recorded as part of the Minor Subdivision Plat and that is actually listed on Note #32 on the plans themselves. The two properties have full cross-access between each other. They are currently owned by the same property owner who is wishing to develop the second parcel in the future but there is currently no plans for development at this point. Mr. Hartman stated that the Memo from the Planning Office referenced the residential parcel to the east. Is that the one that we are talking about? Responding to Mr. Hartman, Mrs. Melson- Williams stated yes. Mr. Adams moved to approve S-19-03 DuPont Plaza Retail Center at 747 North DuPont 3 6

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Highway: Master Plan for a one-year extension of approvals for the previously approved Site Development Master Plan, seconded by Mrs. Malone and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mr. Adams voting yes; it seems like things are moving substantially in a great direction and he looks forward to the future development. Mrs. Malone voting yes; same reasons as Mr. Adams. Mr. Hartman voting yes; because it is a project that is needed and it is moving forward. Mrs. Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; for reasons previously stated. Dr. Jones voting yes; looking forward to the improvement of that site. Mrs. Maucher voting yes; for reasons previously stated. S-19-01 Tommy Car Wash at 656 North DuPont Highway - Review of Update to Site Development Plan Application and Request for One Year Extension of Planning Commission Approval of March 18, 2019 to permit construction of a new approximately 5,194 SF Car Wash structure and accompanying site improvements. The previous structures on the site have been demolished, and the site is now vacant. The property consists of a total 0.940+/- acres and is located on a site bounded by North DuPont Highway to the northeast, and Lepore Road to the southeast. The property is zoned C-4 (Highway Commercial Zone) and is partly subject to the SWPOZ (Source Water Protection Overlay Zone). The owner of record is now Manpreet Mattu (Previous Owner: Kathleen J. Gray). Property Address: 656 North DuPont Highway. Tax Parcel: ED-05-068.09-01-09.01-000. Council District 3. Representative: Mr. Doug Liberman, Larson Engineering Group Inc. Mr. Swierczek stated that this application originally came to the Planning Commission in February 2019 and then again March 2019 where it had received conditional approval. This location is where Kirby & Holloway Restaurant used to be located on DuPont Highway and Lepore Road. The project had received conditional approval and the applicants were pursuing finalizing plans before moving onto the permit process. There were a couple of items of the plan; however, that were needing further refinement. Now that those legal issues have been resolved, they are eager to continue with the process. This is a two-fold request on the part of the applicant. The first is an extension of the approval. The initial approval expires on March 31, 2021 so they are requesting a one-year extension of approval. The second item is that they are noting a slight revision to the Plan in that there is the addition of a 49 SF utility component on the north side of the building. You see that hatched item on the Site Plan. The applicant did provide a further Site Plan identifying that location as well as the line for the Source Water Protection Overlay Zone which was sort of a contention in the initial review. Mr. Liberman stated that the 49 SF addition is just a ten-foot lengthening of the utility room. The applicant calls it the back room. It went from a thirty-foot long back room to a forty foot to accommodate some maintenance within that building. It does not change any of the percentages with the SWPOZ (Source Water Protection Overlay Zone) area. We are showing a decrease to impervious area over what the original site had proposed. As far as the extension goes, this site was tied up in a lawsuit for about thirteen months so that had cleared and in favor of our client and we are moving forward with the approvals. They really only have a couple of small comments to address with Planning Staff prior to resubmitting the final plans and he believes that they are close with all of the other agencies as well. 4 7

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mrs. Lord questioned what was going to happen to the Kirby & Holloway sign? Responding to Mrs. Lord, Mr. Liberman stated that the sign was determined to be a historical sign, so they are to keep it and they have actually contacted a sign company to talk about refurbishing that sign. Mr. Adams abstained on this application because he recused himself at the original meeting due to a business conflict. Mr. Hartman moved to approve S-19-01 Tommy Car Wash at 656 North DuPont Highway to include the update in the Site Development Plan and the One-Year Extension, seconded by Mrs. Welsh and the motion as carried 6-0 by roll call vote with Mr. Adams abstained and Mr. Roach and Mr. Baldwin absent. Mr. Hartman voting yes; for reasons previously stated. Mrs. Lord voting yes; because they are keeping the sign. Mrs. Welsh voting yes; for reasons previously stated. Dr. Jones voting yes; for reasons previously stated. Mrs. Malone voting yes; for reasons previously stated and she is glad that we are not having an issue with the sign like Rehoboth is with the Dolly’s sign. Mrs. Maucher voting yes; for reasons previously stated. NEW APPLICATIONS AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road – Public Hearing and Review for Recommendation to City Council on an Annexation Request and Rezoning Request for a parcel of land totaling 0.6087 acres +/- (26,514.97 SF) located at 228 Mifflin Road, Dover. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the west side of Mifflin Road approximately 755 ft. north of Hazlettville Road. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Low Density. The owner is Debora G. Hansen. Property Address: 228 Mifflin Road. Tax Parcel: ED-00-076.14-01-08.00-000. Proposed Council District 1. Ordinance #2020-17 The First Reading of this Annexation Request was held on December 14, 2020. Public Hearing before the Planning Commission is scheduled for February 16, 2021 and City Council on March 8, 2021. Representatives: Ms. Debora Hansen Mrs. Melson-Williams stated that this is a request for Annexation. It is a property owned by Debora G. Hansen. The property is located on the west side of Mifflin Road. On the image, you can see that it is highlighted in yellow and addressed as 228 Mifflin Road. Currently, it is the location of a single family dwelling and in the County, it is zoned RS-1 (Residential Single Family Zone). This request for annexation into the City of Dover would place a request for a zoning of R-8 (One Family Residence Zone) along with the SWPOZ (Source Water Protection Overlay Zone): Tier 3 Excellent Recharge Area. That is kind of the hatched area that you can see depicted on nearby properties that are already within the City of Dover. This property was considered for its utility availability for the City to provide services. Currently, with electric, it is not a City of Dover Electric utility customer and will continue to remain with its current provider. Sanitary sewer and water are available to property; it is located on the opposite side of Mifflin Road. The applicant, if successful, would be eligible to connect to City water and sewer at their expense. Currently, the property has its own septic system and in preparation for the future sale of this property, that is part of the reason why they are pursuing this request for 5 8

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Annexation; it is to be on a better system for that. This area was identified as a Category 1: High Priority Area for Annexation in the City’s Comprehensive Plan. You can see that it’s an enclave of some scattered parcels along Mifflin Road that are not in the City and this will bring yet another one of those into the City. The Comprehensive Plan did identify that a residential Land Use category is appropriate and R-8 (One Family Residence Zone) would match that appropriately. The rest of the packet does include information in more detail about the R-8 (One Family Residence Zone) and the SWPOZ (Source Water Protection Overlay Zone). Staff does recommend approval and annexation of this property and then setting its City of Dover zoning classification at R-8 (One Family Residence Zone) and then making use of the SWPOZ (Source Water Protection Overlay Zone) to further protect our underground water resources. The various departments and agencies also provided advisory comments as part of our Development Advisory Committee Meeting Report on the project by providing advisory guidance should they become part of the City of Dover and any future utility connection processes or any future development of the site. Ms. Hansen thanked everyone for including her in the Planning Commission meeting this evening. She has considered herself a resident of Dover for about 33 years. During that time, she has seen many of her neighbors go through this process and she does not relish the thought of construction on Mifflin Road. She is sure they don’t either, but she thinks it is time and as Mrs. Melson-Williams said, this will add one more resident into the City of Dover. She does appreciate the Planning Office and Public Works’ help in assisting her in this request for your consideration. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Dr. Jones moved to recommend approval to City Council for AX-21-01 Lands of Debora G Hansen at 228 Mifflin Road and for the approval of the zoning request from RS-1 (Residential Single Family Zone) in Kent County to R-8 (One Family Residence Zone) in the City of Dover and to include the SWPOZ (Source Water Protection Overlay Zone), seconded by Mrs. Welsh and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Dr. Jones voting yes; it is a nice addition to the City of Dover. Mr. Adams voting yes; he agrees with Dr. Jones. Mrs. Malone voting yes; for reasons previously stated. Mr. Hartman voting yes; based on the recommendations of the Comprehensive Plan and it just makes sense. Mrs. Lord voting yes; for reasons stated and it does make sense. Mrs. Welsh voting yes; it is an appropriate rezoning request for the City. Mrs. Maucher voting yes; for reasons previously stated. MI-21-01 Comprehensive Plan Amendments 2021 - Public Hearings and Review for Recommendation to City Council on a series of Amendments to the 2019 Comprehensive Plan identified as Requests A, B, and C. The Amendments include consideration of the following: two requests for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of properties as associated with rezoning application Z-21-01 and with rezoning application Z-21-02, and a request for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of properties associated with the Lots 1 & 2 of the Dover Mall. The First Readings of the Proposed Ordinances occurred on January 25, 2021 and Public Hearing scheduled for Planning Commission on February 6, 2021 and City Council on March 8, 6 9

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 2021. Mrs. Melson-Williams stated that she wants to introduce the Commission to the idea of these Comprehensive Plan Amendments. Each year, as per the instructions given in the 2019 Comprehensive Plan, there is an opportunity for residents of the City to request changes to the Comprehensive Plan. We refer to those as Comprehensive Plan Amendments. There is a filing deadline that occurs in December of each year and then each of the requests that are made are packaged together and become our Comprehensive Plan Amendments for that next calendar year. We have received three requests for that and as you can see on the screen, they all are requests to make changes to the City’s Land Development Plan which is Map 12-1. For clarity, we have identified them as A, B and C and we will move through each of them individually. MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for a parcel located at the northeast corner of McKee Road and College Road to revise the Land Use Classification from Office to Commercial Low Intensity on Map 12-1: Land Development Plan Map. Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05- 067.00-02-51.00-000. Ordinance #2021-01. This is associated with rezoning application Z-21- 01. Representative: Mr. Jonathan Street, Becker Morgan Group; Mr. Constantine Malmberg, The Malmberg Firm Mrs. Melson-Williams stated that this is a Comprehensive Plan Amendment Request for the property located at 1205 McKee Road and they are asking for consideration of an amendment to the Land Development Plan Map of the Comprehensive Plan. Currently, the Land Use Classification on that Land Development Plan Map is Office and their request is a Land Use Classification of Commercial Low Intensity. The Comprehensive Plan also includes a series of text statements in the form of descriptions of these different types of Land Use Categories as well as policies and goals related to each of them: Office and Commercial Low Intensity. This property is located on the northeast corner of McKee Road and College Road. Its history dates back to 2006 when it was first annexed into the City of Dover. It consisted of four parcels that were later combined. Over the years, there were at least two attempts for Site Development Plans to develop the site into an office complex. Those have both expired and the property has sat vacant for a number of years. The applicant is making this request to go to Commercial Low Intensity that would allow for rezoning to a different series of zoning districts. The Comprehensive Plan has a Land Use Matrix Table that was included in the packet that identifies the Land Use category and then the appropriate zoning districts for that. By requesting this change in the Land Use Category, it opens up a broader range of potential zoning districts for the property and hence, a broader range of potential uses for the property. In reviewing the Comprehensive Plan Amendment, Staff is supportive of the change from Office to a Land Use Classification of Commercial Low Intensity. They think that it does provide that broader range of opportunity and it seems very unlikely that this prime corner on a commercial corridor would ultimately develop into an office format. It has not done that in a number of years, and we think that the Land Use Classification of Commercial Low Intensity brings to it some additional 7 10

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 options or opportunities for the property. The Development Advisory Committee did look at this Amendment and there are not a lot of comments in regards to it. There are basically no objections to the Land Use change. This Land Use change was part of our package of Comprehensive Plan Amendments that was submitted for PLUS Review. The PLUS Review for this and the other applications was received today and we distributed that to the Planning Commission members. Specifically, she wants to highlight some of the comments for this application. It is located within the Level 1 Investment Area and the Office of State Planning had no objections. DelDOT provided some comments about the location with no real concern about the Land Use change but noted future development activities would likely require the need for a Traffic Impact Study because of potential Land Use activities that could be happening there. DNREC had no comments on this particular application so in general, the comments received for Amendment A were favorable and Staff is also favorable to this Land Use Classification change from Office to Commercial Low Intensity. Mr. Malmberg stated that he wrote a memo and submitted as part of his application and he hopes that the Commission members have had an opportunity to review it. The property is obviously on a commercial corner. Since the POW/MIA Parkway got tied through to Camden, this whole road has become commercial and inappropriate for residential uses. Usually when he goes to these hearings, the concern is traffic, traffic, traffic. The previous application, which was approved back in 2006, was for office buildings which include traffic. This is a proposed use that would accommodate existing traffic to the sites. It would not contribute to what is already a busy corner. He knows that there was a concern raised about whether or not the proposed use which is Royal Farms would draw crime to the area. When he ran that by Royal Farms, they bristled at that. Royal Farms does have occasional issues with criminal acts obviously, because they popular throughout our area. But Royal Farms spends more money than any situated entity that he knows to make their store safe for the public and for their employees. And the fact that they are in many different areas of our County and some areas have higher crime rates, does not mean that Royal Farms attracts crime. As a matter of fact, they deter crime, so he rejects that suggestion. Just as a generic comment, neighborhood businesses which is what is proposed here, they do lots of great things. It keeps people from traveling out on the highway to get the gallon of milk or the dozen of eggs so it is good for the environment; it is good for traffic and it is good for America. Mr. Street stated that he knows that changes to the Comprehensive Plan, we often don’t want to consider changes that are going to set precedent to other projects. He would submit that if you look at Map 12-1A and you look at the next two intersections: the intersection of McKee Road and Walker Road and then the intersection of Pear Street and Walker Road which is the old high school and soon to be the new middle school, the Land Uses in both intersections are very similar to this. They all have some amount of Institutional, Residential Medium Density and Commercial Low Intensity in the four corners and Office use in the surrounding areas as well. It is not going to set a precedent because precedence is already set at the two intersections south and east of us. Mr. Hartman stated that it seems to him that the proposed use is consistent with the Comprehensive Plan and the area. He reviewed the comments and there were a number of comments made on this proposal that dealt with crime and crime is a problem in Dover as a 8 11

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 whole. He just can’t pick out one particular place where crime occurs. He thinks the answer to our crime problem is better enforcement rather than telling businesses that they can’t set up shop. He thinks that is a bad precedent. Mrs. Maucher opened a public hearing. Mrs. Melson-Williams stated that the packet of comments that the Commissioners were provided this afternoon included three items in regards to this Application and she is going to name them by reference. Some of them do have participants that may want to speak in regards to this Application this evening. First, there is a Letter of Protest from Jaimini Patel who is the owner of Riddhide Siddhi LLC which is the two properties across the street at 1005 College Road and 1216 McKee Road. Associated with that is a Petition and list of signees to that Protest to protest the Rezoning Application; it was signed by 11 individuals. Then we have a Letter of Concern regarding the future proposed use that was submitted by Ted Werner who is the CEO of PAM Rehabilitation Hospital which is located kind of to the north and west on McKee Road. Those items are entered into the record as part of the Public Hearing for this Comprehensive Plan Amendment and they will also enter them into the record when we get to the Rezoning Application. Mr. Ted Werner – PAM Rehabilitation Hospital 1240 McKee Road Dover, DE 19904 Mr. Werner has no further comments, just that contained in the Letter he submitted for the Commission’s review. Mr. Parin Patel – 1216 McKee Road Dover, DE 19904 Mr. Patel stated that he is located across the street from 1205 McKee Road and they have been there for a long time. This corner is a busy corner and there are a lot of accidents going on and too much crime. Mrs. Maucher closed the public hearing. Mrs. Malone stated that regards to the crime and the incidents that everyone is discussing, she doesn’t really feel that Royal Farms has any more of that than any other convenient store anywhere. If anything, she has always found that Royal Farms is extremely well lit compared to a lot of other convenient stores. She would feel really comfortable with a Royal Farms being on that corner. Mrs. Malone moved to recommend approval to City Council for application MI-12-01A: Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map that makes the land use change from Office to Commercial Low Intensity. Mrs. Welsh stated that she does have concerns about traffic. She has traveled this particular corner herself probably three to five times a day since 1992 and she has watched the traffic in that area. She has concerns with the traffic flow as far as left hand turns. She has noticed with the construction of other properties there, the other convenient store and office property that is there on McKee Road and College Road, that there seem to be a lot of issues with people trying to turn left there. She just wants to state that she feels that it is necessary to do a traffic flow analysis as 9 12

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 far as what would happen there. Maybe, it would need to be right turn in and right turn out only or something along those lines. She will admit that the traffic is heavier at certain times and that would be more of the times when it would be a concern. She does not know if that can be addressed in any way. Responding to Mrs. Welsh, Mr. Malmberg stated that the property was previously approved for 40,000 SF of office buildings. Office buildings, especially medical offices, tend to draw a lot of additional traffic. This use as a neighborhood business proposed use, tends to serve existing traffic so that is a better use from a traffic perspective than what is currently approved for. They will be into a Site Plan hopefully in a few months and this project is going to go through some rigorous traffic analysis to make sure that not only does the intersection get addressed but gets improved because that seems to be the way it goes. He appreciates the traffic comment because he has been a resident of this town for over 50 years and he takes that intersection many times heading north in the morning with his kids. He is sure that it will get addressed. He foresees an improvement to the intersection rather than what currently could be the situation which would be maybe a dis-improvement. With that said, rights-in and rights-out on McKee Road he thinks that is all that would ever happen there; he thinks that is a realistic concern. He thinks that they were going to be pushing as much as they can for a lefts-out onto College Road as far to the east as possible just because otherwise you have to wrap all the way around to Lowe’s and down the highway which is not good for traffic on the highway to get back to where you started from to get back to College Road. Knowing that it is irrelevant, he does not want to be anything but transparent about what the request is going to be when it gets to Site Plan consideration. Mrs. Welsh stated that she does not really have an issue with Mr. Malmberg’s thought process about the amount of traffic and the fact that it is going to serve existing traffic. She sees that point and she understands what he is saying. Her issue was with the flow and where the ingress and egress will be because the traffic does back up significantly there at certain times of the day all the way to the railroad tracks and all the way back almost to the other intersection at Walker Road at certain times of the day and within a fifteen to twenty minute time period. Responding to Mrs. Welsh, Mr. Malmberg stated that is the success of the POW/MIA Parkway from Camden. Mrs. Welsh stated that she realizes that. She is just concerned that we really don’t lose sight of those issues. Responding to Mrs. Welsh, Mr. Malmberg stated he agrees. He sits in that traffic and the lights make you crazy. Dr. Jones stated that she would add to the concern about traffic. Aren’t we also possibly impacting the school traffic there at certain times of day? She goes to North Dover Elementary School quite often and depending on the time of day there is also the traffic back up with parents waiting to get into the school and so forth. So as we are considering the traffic concerns, that is another concern for this location. Responding to Dr. Jones, Mr. Malmberg stated that he will be glad to see her at Site Plan Review. Mr. Street can weigh in on this but the Site Plan issues are interesting. He knows the intersection well. He is a 50 year resident and he has sat in that traffic. He does not foresee a commercial use that basically serves the existing traffic as opposed to adding to traffic as being a negative, but he gets the issue and he understands the issue. They will certainly be back before the Commission at Site Plan Review and looks forward to the opportunity to improve that intersection. 10 13

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Adams questioned if the motion was for number 7 on the agenda? Responding to Mr. Adams, Mrs. Melson-Williams stated that we are just dealing with the Comprehensive Plan Amendment and yes, that would be Item #7. Mrs. Malone moved to recommend approval to City Council for application MI-12-01A: Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map that makes the Land Use (Classification) change from Office to Commercial Low Intensity, seconded by Mr. Adams and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mrs. Malone voting yes; she is looking forward to the improvements of the intersection because she travels that road at least twice a day and she thinks that this would be an added bonus to have that on the corner. Mr. Hartman voting yes; the proposed change is consistent with the development of the area and consistent with the goals of the Comprehensive Plan. Mrs. Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; she thinks it will be a good use of a vacant lot and she looks forward to seeing what Becker Morgan Group has to propose in the future on this property. Dr. Jones voting yes; for reasons previously stated. Mr. Adams voting yes for reasons previously stated. Mrs. Maucher voting yes; for reasons previously stated. Z-21-01 Lands of College Towers LLC at 1205 McKee Road – Public Hearing and Review for Recommendation to City Council on Rezoning Application for a parcel consisting of 3.46 acres+/- located at the northeast corner of McKee Road and College Road. The property is zoned CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05-067.00-02-51.00- 000. This is associated with a Comprehensive Plan Amendment Request MI-21-01A for Consideration of Amendment to Map 12-1: Land Development Plan Map. Council District 4. Ordinance #2021-04. A Public Hearing at City Council is scheduled for March 8, 2021. Representatives: Mr. Jonathan Street, Becker Morgan Group; Mr. Constantine Malmberg, The Malmberg Firm Mr. Swierczek stated that this is an Application that is secondary and kind of contingent on the Application (MI-21-01A) that was previously discussed which was the Land Use one. This component is specific to the Rezoning itself; the Land Use was to allow for a Rezoning. The current zoning of the property is CPO (Commercial and Professional Office Zone) and is subject to the COZ-1 (Corridor Overlay Zone) which is an added component of the Code that has some further landscaping design and aesthetics requirements along some of the City’s main commercial corridors. The applicant is requesting to rezone the property to C-2A (Limited Central Commercial Zone) and that would be maintaining the COZ-1 (Corridor Overlay Zone) as well. That is again to allow for the potential development of that Royal Farms which would again be a separate application in the future should this Rezoning be approved. Mr. Malmberg stated that he will incorporate his previous comments. Mr. Street stated that he wants to clear the record. He is with Becker Morgan Group and they are representing the applicant to assist Mr. Malmberg but he cannot say for certain that they will be 11 14

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 doing the Site Plan. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams entered by reference the public comments that they received regarding this Application. They were previously referenced the Comprehensive Plan Amendment but are also for this Rezoning Application. It is noted that they are a Letter of Protest from Mr. Patel of Riddhide Siddhi LLC with the Petition and List of Signees to the Protest on the Rezoning Application that is specifically signed by 11 individuals. The addresses appear to be from the residential communities in the area. The third written item is the Letter of Concern from the PAM Rehabilitation Hospital that is located to the northwest of this site. Mrs. Maucher closed the public hearing. Mr. Hartman moved to recommend approval to City Council for Application Z-21-01 Lands of College Towers LLC at 1205 McKee Rd to rezone the property from CPO (Commercial and Professional Office Zone) to C-2A (Limited Central Commercial Zone) and would remain subject to the COZ-1 (Corridor Overlay Zone) and it would be consistent with what is in the area, seconded by Mrs. Lord and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mr. Hartman voting yes; based on the fact that the Rezoning would be in compliance with the goals of the Comprehensive Plan. Mrs. Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; for the reasons stated in the motion. Dr. Jones voting yes; she would echo Mr. Hartman’s comments. Mr. Adams voting yes. Mrs. Malone voting yes; for reasons previously stated. Mrs. Maucher voting yes; it would be consistent with the previously approved Amendment to the Comprehensive Plan. MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05- 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. Ordinance #2021-02. This is associated with rezoning application Z-21-02. Representatives: Mr. Donny Legans, property owner; Mr. Jonathan Street, Becker Morgan Group Mrs. Melson-Williams stated that this Request is in regards to two properties that are located on west side of North West Street between North West Street and the railroad tracks. On the map shown, the railroad track is the heavy black line that is shown. The current Land Use Classification designation in the Comprehensive Plan is Industrial and the proposed designation is for Mixed Use. The property is actually two parcels of land. The one that fronts directly on North West Street is the one with the address of 92 North West Street and the other kind of strip of land does not have an address and it is referred to as the parcel adjacent to Fulton Street. There 12 15

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 is an existing warehouse-like building on 92 North West Street. The properties were previously owned by the Southern States Corporative and at one point, had a number of storage tanks for various fuels that were part of that operation a number of years ago. Those storage tanks were monitored and may still be monitored by DNREC’s Underground Storage Tank programs. For the Comprehensive Plan, again in the DAC Report it references the statements of the Comprehensive Plan related to goals for what are Employment Centers and that’s where it captures the Industrial land use. Then also presented are the goals and recommendations for the Land Use Category of Mixed Use. The Land Use Category of Mixed Use also has some specific recommendations that are focused on Downtown Dover. While this may be some distance from what most people consider Downtown Dover on Loockerman Street, it is within the northwestern portion of the Downtown Central Dover Area. In this application, Planning Staff has evaluated the request to make that land use change from Industrial to Mixed Use and they are finding that it does not appear to be consistent with the area in general. They look at it as there are areas as you can see on the map to its south and east that are in that Mixed Use category; that is where you truly find a mix of residences, a number of public assembly uses in the form of churches and then once you reach Division Street you do find much more of a commercial aspect in uses. They look at this area between North West Street and the railroad corridor as industrial in nature with West North Street being kind of the boundary between what is industrial that flanks the railroad corridor with the remainder of the Downtown area. They think the Industrial (category)still allows for opportunity of some industrial types uses that are smaller in scale. These are smaller properties when compared to some of the other tracts of land along the railroad track but they think that the opportunity still is there for this property. The Development Advisory Committee also provided comments. Most of them are basically no objections to the land use change and only comments regarding should potential land use activities happen in the future. Since this is a Comprehensive Plan Amendment, it was reviewed through the PLUS Review process with the State and she wants to highlight some of the comments. It was recognized by the Office of State Planning Coordination for no objections in the change of land use. It is an area in the State Investment Level 1 that is developed and it is an opportunity for redevelopment of the parcel. DelDOT offered no comments as the adjacent streets in this area do not fall under their jurisdiction. DNREC; however, did include some notations about what may be current or previous contamination that may exist on this property. It was part of what was a larger remediation project that administered through the Division of Waste & Hazardous Substances at DNREC. So, for any kind of future activity there, they would need to be consulting that specific section of DNREC and there may be implications for future development of the property. There is nothing substantially negative. The reminder from DNREC is in regards to if they were considering use of the property; and it is really based on the historic use of the property that may have caused a potential contamination at the site and can deal with remediation procedures if necessary. Mr. Street stated that the property is just north of Division Street and Fulton Street is the next street north. Just to the north of us is Teal Construction and the immediate adjacent parcel to the north of us is a recycling center and to the west is the Norfolk Southern Railroad. Everything on that western side of the railroad has a Land Use of Industrial as well. This slide mimics the Land Use as it is laid out in the current Comprehensive Plan right now. On the lower right hand corner of the map shows the Mixed Use of the City itself. The red dot is the subject parcel and it is mashed right in between Mixed Use, some Residential Medium Density and Institutional which 13 16

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 includes Wesley College, Booker T Washington Elementary and William Henry Middle School as well as Campus Community School. What you see in the middle in the gray is the Land Use that is used as Industrial right now. As you get further south along that railroad line, right in between Fulton Street and Cecil Street, that is where we are. They are kind of right in that tip. It is a really small parcel that has been vacant for almost going on 30 years now. It has been for sale for the past 6 years and no one has really jumped on it. It is in the northwest corner of the Downtown Development District. Two main goals of the Comprehensive Plan would be to encourage economic development and to promote revitalization and redevelopment of the City’s Downtown. As Mrs. Melson-Williams said, this may not be considered right in the heart of Downtown but it is still in that Downtown Development District. Switching this Land Use from Industrial to a Mixed Use affords the owner an opportunity to redevelop this in a manner that would revitalize the area. It only takes one domino to fall for the rest to follow suit and he thinks that this has the potential to do that. With that, he understands the City’s concern with switching the Industrial along that rail line but like he said, we are at 0.4 acres and there really isn’t a practical use for something that small. Even if the neighboring property was to purchase this property, which they likely had the opportunity to do for quite some time, and expand their operations they are still not at anything above 2.5 to 3 acres and that is an Industrial use that is quite small. You can see that the properties north and west of us are multiple acre properties that can utilize rail if needed and have the room to actually construct and/or improve those areas. This property just doesn’t have the ability to do that. Mr. Legans stated that for thirty years this property has sat vacant. It has been for sale for the last four or five years with no hits and no interest; so, it is zero economic benefit to the neighbors and to the community. Actually, it has been more of a determent in terms of attracting residents and attracting business to that area despite it being located Downtown. So no matter which map you look at, whether it’s a Downtown Redevelopment Target Area Map, the Downtown Redevelopment High Priority Area Map or the Downtown Development District Map which is a smaller subset of Downtown and is designed specifically to spur economic activity. Dover got designated that in 2015 and this property still sat for an additional six years. He does not think that it is desirable with the size for Industrial use as things are getting bigger and bigger in that realm so we would like to change it to Mixed Use. It is consistent with the 2019 Comprehensive Plan recommendation that Downtown be Mixed Use so they agree. It is a six minute walk to Wesley’s campus and a ten minute walk to Loockerman Plaza; so, it is very much in that hub. One block off of Division Street; this corridor that is our gateway to Dover and it is the first impression that people get coming from the west and we should be mindful of our first impression of Downtown. He thinks that we need something vibrant there, something for the community. The Downtown Development District is 224 acres and was established in 2014 by Mrs. Ann Marie Townshend. The very first thing that you have to do is draw your map and define your lines and this 92 North West Street is within those lines and that was to specifically spur economic development. Of those 224 acres, all but five acres fit into the Mixed Use land use, C-3 (Service Commercial Zone) C-2A (Limited Central Commercial Zone), C-1 (Neighborhood Commercial), R-8 (One Family Residence Zone) and R-10 (One Family Residence Zone). Those five acres are made up of six parcels. Three are in use: Teal Construction, the recycling center and the auto parts store. The other three parcels are not in use: one is a vacant lot, one is a vacant building, and one is a storage area that he thinks was up for Sheriff’s Sale in January. He thinks that we can do better by our community and our City. It is 14 17

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 not secret that he wants to put a restaurant here and that is the reason why there are probably a lot of call-ins tonight. He plans on keeping the industrial look and feel; it will be family friendly. Most importantly given everything that we have been through, he thinks it will be good for the community. So, what better way to say that Dover is serious while raising its profile that it is open for business than changing this long outdated Land Use (Category) to something more in line with what is trending Downtown and that is Mixed Use. Mr. Hartman questioned what Mr. Legans would say to the adjacent industrial neighbors that are properly zoned and sited? There have been comments about a domino effect and one of the letters mentioned siting a museum there. Have you talked to them? What do you say to your neighbors that are industrial? Responding to Mr. Hartman, Mr. Legans stated that he did talk to one of the principals for Diamond Recycling Center and he loved the idea. He has actually been to a similar style restaurant throughout his travels in Philadelphia so he was very familiar with what we are trying to do. In terms of domino effect, he thinks that it was more in line of how people view Downtown in terms of attracting residences and businesses and the domino effect of people not wanting to come Downtown for whatever reason. To have a new vibrant restaurant that is local and that is veteran-owned in the neighborhood that you can walk to or bike to. Since the Senator Bike Lane is right in front of it that they plan on using more, he thinks was more in line with the domino effect. Not in terms of other parcels being bought up. Then again, the parcel directly to the south of him is a non-use and he believes that is the rail museum that the one commenter is talking about. If you’ve driven down Division Street, you can see that the roof is half gone and has been like that for years. So the domino effect for something that is not in use, he supports. Mrs. Lord stated that she thinks it is an excellent thing for Downtown and we need some revitalization. This sounds like a progressive foot forward. Taking a parcel of land that is just sitting there and turning it into something that is good for the community, she whole heartedly supports and plus she lives next to Wesley College; she lives Downtown. We see every day how things can be eroding to some extent and desperately want to see a positive movement not negative movement. She thinks this is very positive. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wanted to enter into the record the Exhibit Set of Public Comments received on both this Comprehensive Plan Amendment Application (MI-21-01B) and the associated Rezoning Application (Z-21-02). There are sixteen items that came in the form of emails or letters in regards to these applications. We do have a number of those individuals present this evening. For the most part, these are all letters of support for what they make mention of as a restaurant or the Rail Haus name or the Rail Haus Business. There is a letter, Item #14, which was an email support for the Industrial use of the property along the railroad corridor that was received by the KEP (Kent Economic Partnership). We did try to identify for the emails where the person was speaking from and some of them included their residences and they included that in the list. We have comments received from Theo & Arnold Braunskill, Jeff Niezgoda, Fran Riddle, Heather Thorsell, Juliana Mione, Steven, Rachael Papen, Brian Moritz, Gail Christensen, Megan Muenter, Colleen Papen, Laura Parks, Jayce Lesneiwski, Linda Parkowski, Mt. Carmel Church of the Living God, and Monica LeBlanc. 15 18

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Scott Kidner – 3 Shinnecock Road Dover, DE 19901 Mr. Kidner stated that he lives at 3 Shinnecock Road and has an office located at 15 Kings Highway. He thinks that this is a wonderful application. He does not know the applicant and he is not here on behalf of any client but he thinks that this is a wonderful opportunity to take some unused property and turn it into something pretty neat. This brings to mind some places that he has been, including a place in Middletown, Delaware called Metro Pub & Grill which sits along the railroad tracks. It’s a wonderful operation and it does have that industrial look to it. It is a great restaurant and he has been there many times. It also reminds him of places in the State where we are taking property that has not being utilized or that is not being used to its best use. This is one of those opportunities where he thinks that we step forward as a City and maybe it will be something that anchors that into Loockerman and gets some things moving. He wishes the applicant great success and hopes that the Planning Commission will allow this to move forward. Ms. Michelle Johnson – 39 North American Avenue Dover, DE 19901 Ms. Johnson stated that she is very much in support of the Comprehensive Plan Amendment to include the change from Industrial to Mixed Use. She lives at 39 N. American Ave which is down the street from Mr. Legans. They don’t know them well but they have moved into their neighborhood and in many ways revitalized it. They have done a ton of work on their house. They have gotten to know all of the neighbors and they have been really extraordinary in reaching out and just being wonderful neighbors in our community. She has absolutely no doubt that what they intend to do at the property at 92 North West Street will indeed revitalize that area of Dover. We live within walking distance and at this point, to go to a similar location, we would need to drive to Lewes, Middletown, Wilmington or Philadelphia. It was just be wonderful to have a property like that within walking distance of Downtown Dover. Mr. Kirk Johnson – 39 North American Avenue Dover, DE 19901 Mr. Johnson stated that he was also in support of the change in use for a couple of reasons that have already been touched on by others. The importance of redeveloping that neighborhood for a property that has sat empty for an extraordinarily long period of time. It is such a small lot at 0.4 acres; it is less than 36,000 SF. The land to building ratio size means that somebody is going to locate there means that it would be at most a 15,000 SF manufacturing facility that is locked in; it is in a residential neighborhood. The odds of finding anyone are incredibly low and we have proven it by having an unused parcel for such a long period of time. He hopes that the Commission will approve the change in use because it really is important for the City of Dover to have locally owned businesses inside its City rather than simply outside entities building yet another corporate chain restaurant on Route 13. Mr. Jeff Niezgoda – 126 Downes Drive Hartly, DE 19953 Mr. Niezgoda stated that as Mr. Legans mentioned, the multi-modal component and the connectivity exists with this opportunity at this site: both with the Senator Bikeway that was recently completed that is an east to west connection through Dover as well as the Capital City Trail that also provides opportunity from multi-modal connectivity from the Air Base, Camden- Wyoming, Downtown Dover and all of the extremes around. Other opportunities that have cropped up similar to this around other trails adjacent to railroad corridors or business 16 19

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 opportunities that have opened up adjacent to railroad corridors similar down in Georgetown and Lewes where they are building a Georgetown-Lewes Trail. There have been a lot of restaurants and breweries that have been very successful. He has been a resident of Delaware for approximately 55 years. Mr. Cameron Llewellyn – Tidemark Construction 117 West Reed Street Dover, DE 19901 Mr. Llwellyn stated that he and his wife own Tidemark Construction located at 117 West Reed Street and also My Roots that is located at 9 West Loockerman Street. They fully support rezoning this property. Our colleague Mr. Rob Pierce in Milford, DE has at the former Southern States property in Milford a doggie day care. He does not believe that a bike lane was intended for industrial workers to ride their bikes to work; he believes that it was for space making. As an industrial and commercial contractor, he sees this as an opportunity to change the use of this piece of dirt and make it something good for Downtown Dover. Where it is located is a gateway into Dover and when people come across those railroad tracks and see this, they think that this is an urban area that wants young professionals to congregate and not for vacancy. To echo the comments of some of the earlier Planning members, Mrs. Melson-Williams and Mrs. Townshend did a lot of work to put that DDD Grant together and there are not huge corporations that are going to come in and chase Downtown Dover for 0.8 acres. He will make comments here about Constitution Yards in Wilmington, DE and the Crooked Hammock. Those are all economically viable entities and they bring people to places that they normally wouldn’t go. He and his wife fully support this. Mr. Todd Stonesifer – 115 North State Street Dover, DE 19901 Mr. Stonesifer stated that he is the President of the Downtown Dover Partnership; he is a founding member of the organization known as Destination Downtown Dover; and he is a member of the Greater Kent Committee. He states for the record, that he does not represent any of those entities as he speaks tonight but more appropriately he shows his passion for the area. He spent a lot of time working with the revitalization of this area. He also owns multiple properties in the Downtown area: 115 North State Street, 110 North American Avenue, and 27 West Loockerman Street where his business is located. That business is real estate brokerage. He works in this neighborhood and he thinks that it is appropriate to recognize many of the changes that this neighborhood is currently going through by the efforts of organizations like NCALL and Habitat for Humanity. We are seeing the neighborhood turn into a primarily owner occupied residential area versus a primarily tenant occupied area. This has social benefits that far outweigh anything that anybody can throw at you. Many of these homeowners do desire a place where they can walk and feel safe and have a good time and get a meal. From what Mr. Legans has told him, this is absolutely what this area needs. You are going to hear two key points that these economic development entities in Kent County desire and that is quality of life and that we are also targeting industrial and manufacturing. Both are excellent ideas for growth here in Kent County and in Dover specifically. With regards to the property here, he is going to echo what everyone else has said. It is not big enough to attract a viable industrial purchaser. The properties surrounding it are going to be much better suited to attract those people. Finally, he thinks what the Commissioners have to weigh is which one of these uses is going to be the highest and best use for this specific piece of property. Based on his experience and the work that he does in all levels, voluntarily and professionally, he sees this as being a true benefit to the area and to Downtown and to his personal life because he will get to walk to it and enjoy it himself. 17 20

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mrs. Lord stated that she used to live in a town in Virginia that wasn’t too different from Dover. It was sleepy and they kept trying to wake it up and nothing worked. It took one business, in fact very much like this one, that woke up this town (Leesburg, VA) and now it is a thriving family friendly and multi-friendly place where people just come and spend their money. She really thinks that this might be a turning point for Dover, something that she has personally been looking for since she moved here 6 years ago. Mrs. Theo Braunskill – (was unable to speak due to technical issues/ used Chat) Mrs. Melson-Williams state that Mrs. Braunskill is noting that she is a member of the community. Her letter notes that the Braunskills live at the corner of West Street and Fulton Street. Her family has lived in the neighborhood for more than 100 years and they still live there. Her neighbors may be reluctant and skeptical of a new business. They have had their share of things like drugs, slumlords and the eye sore of the recycling facility but they are ready to move past all of that and learn to heal and replace those scars with a positive and refreshing business. They have to embrace new and they have new housing in our community that has increased our property values. She knows that if we don’t continue to make change that things will remain the same. She notes to make sure that they remember that we are a City, the capital of the First State of Delaware and that use is going to do FIRST things. She notes that we have to be welcoming to tourists and our “out of state” visitors and we have a responsibility for our future generations. She is in full support of a new restaurant and it would be a well-needed boost. She is particularly supportive because she has hopes and dreams of turning the warehouse/building next door into a Railroad Museum that would fit nicely together, a restaurant and a museum. She further states that they love Dover and believe that this restaurant will be an asset to our community and the City of Dover. Ms. Linda Parkowski – Kent Economic Partnership Ms. Parkowski questioned if Dover needs something like Mr. Legans is proposing. Absolutely, there is no question that Dover and Downtown Dover needs something vibrant as Mrs. Lord stated, that would be even just the start to everything happening in Dover. The concern that the KEP has is that they have lost so many industrial sites along the rail corridor all throughout the County. COVID has actually changed a couple of things as far as people wanting rail sites. The supply chain is different than what it was. Having said that, everybody will say this site is too small. You could combine it with what land is across the railroad, combine it with the parcels around it, and it would be able to support all kinds of projects that could contribute to the quality of life. They are asking the Commissioners not to change the Comprehensive Plan zoning designation of Industrial. They implore you to keep the Industrial zoning designation because they feel that the rail corridor is such a precious commodity that they are not building anymore rail. What we have is what we have and we have to preserve the Industrial zoned land all along the corridor. She has told Mr. Legans that she is more than happy to work with him if he wants to find an alternate site in the Downtown area and they will be in support of it because they do believe that this is needed in Dover. Mrs. Maucher closed the public hearing. Mrs. Welsh questioned if Ms. Parkowski could clarify her reasoning for not supporting this 18 21

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 application. Do we need land along the railroad corridor abutting the railroad in a continuous path? Responding to Mrs. Welsh, Ms. Parkowski stated that any industrial zoned land that is currently existing along the railroad, they do not want to see it rezoned for other uses. The industrial rail land has become much more valuable. She knows that this parcel sat for 6 years but post-COVID is going to be a whole different world for industrial rail land. The last two large projects that came into the Dover area all needed rail. She addressed the size earlier but they have had inquiries where people need an acre for what they want to use rail for. She has a project right now that probably would have gone in the Southern States Building had it been available. They are opposed to rezoning from Industrial to any other use, especially land that is along the rail corridor. They are asking the MPO to fund a study this year to find all of the land that they can start preserving that is along the rail corridor because otherwise, it is going to be housing developments or other uses and soon we won’t have that land available for good paying jobs. Mrs. Lord stated that you don’t want it changed over from Industrial; you want it kept the way it was. So what do you envision happening with that land going forward? Right now, it is just sitting, and it could be part of a revitalization of the Downtown area which is needed for all small businesses. Post-COVID, we are going to have to really ramp up our small businesses. She understands the concern about the supply chain, but she does not see how this tiny parcel of land is going to impact the supply chain. Responding to Mrs. Lord, Ms. Parkowski stated that she thinks that she thinks Mrs. Lord’s point is well taken but if you look at the zoning that’s happened in Kent County over the last 10 years and you look at how many housing developments butt up against the rail corridor. All along the rail in Kent County, they have lost some really good industrial land that could be used for industrial uses. This may be a small parcel but you are setting a precedent that you can just take that industrial land along a rail and rezone it for other users. She does think that there are other users and she thinks if that Southern States Building was available now or in the next year, she thinks they could find and industrial user for it. Mrs. Lord stated that her point is that the land is vacant and maybe somebody is going to come along, but right now we have someone who wants to create a business there and employee people and revitalize Downtown. A tiny little parcel, she doesn’t think, is going to hurt the rail business in Dover. Mr. Hartman stated that what concerns him is not the restaurant because we need that but do we need it there? We see restaurants failing in Downtown Dover. He doesn’t want to change the Comprehensive Plan to a Mixed Use and God forbid this restaurant fails and somebody else decides that it’s good for a residential area. The restaurant is not his concern, changing it to Mixed Use is his concern. Mrs. Lord stated that she is rather passionate about this because she sees Dover struggling to become what it could be and to be fearful of what if it fails is not being brave and moving forward to try making Dover be the best city that it can be. This is a different type of restaurant; this is a beer garden. It is something that we don’t have that people do want and people travel far away to go to places like this. We need to be brave and bold and think outside the box and not just say what if. It being an industrial site and going with an industrial theme, she thinks would be a beautiful addition and it would bring foot traffic and it would help. 19 22

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Adams moved to recommend approval to City Council for application MI-21-01B: Properties at 92 N West Street – Consideration of Amendment to Map 12-1: Land Development Plan Map to change the Land Use Classification to Mixed Use from Industrial, seconded by Dr. Jones and the motion was carried 6-1 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mr. Adams voting yes; he is exceptionally impressed with Mr. Legans’ presentation. He has clearly done his homework as it relates to the other properties that qualify as Industrial. He thinks that there is overwhelming support for the project by notice of all of the people who have spoken up and engaged here. He wishes the applicant good luck and looks forward to patronizing. Mrs. Malone voting yes; she is impressed as well and also supports the comments from Mrs. Lord and she will be there. Mr. Hartman voting no; based on the comments from the Kent Economic Partnership about the rail line and the Industrial zoning of their neighboring properties. He does wish the applicant success and if this goes through, he will be his biggest supporter because he goes to these places all of the time. Mrs. Lord voting yes. Mrs. Welsh voting yes. Dr. Jones voting yes; she looks forward to patronizing this business. Mrs. Maucher voting yes; she did have some initial concerns but showing the proximity of the Mixed Use right across the street on the map and it being vacant for some many years and she would say what we have been doing hasn’t been working. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street - Public Hearing and Review for Recommendation to City Council on a Rezoning Application for two parcels totaling 0.82 acres +/- located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The property is zoned M (Manufacturing Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. This is associated with a Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment to Map 12-1: Land Development Plan Map. Council District 4. Ordinance #2021-05. A Public Hearing at City Council is scheduled for March 8, 2021. Representatives: Mr. Donny Legans, property owner; Mr. Jonathan Street, Becker Morgan Group Mr. Swierczek stated that this is the Rezoning application for the lands that we have been discussing at 92 North West Street, contingent upon the approval of the Comprehensive Plan Amendment (Mi-21-01B) that was just discussed. The land currently has a Land Use of Industrial and it is zoned M (Manufacturing Zone). If they were to be amended to be Mixed Use, the applicant is requesting that they be rezoned to C-2A (Limited Central Commercial Zone) and that would be for both parcels there. Again, it has been discussed to allow for a restaurant use and as noted with the previous application, obviously that would be part of a separate Site Development Plan process that would come in the future should both applications pass Planning Commission and City Council. Mr. Street stated that he does not have anything in addition to what has already been discussed. 20 23

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Legans stated that the support has been great. They plan to hire within this immediate area to get more people to walk or bike to work. With a well-paying job, this would really affect the quality of life in this area. Impacting that community is his goal. Mr. Adams questioned if the expectation here would be that we approve the Rezoning to C-2A (Limited Central Commercial Zone) and that going forward, they should expect an application for a full Site Plan review once these applications are passed by City Council? Responding to Mr. Adams, Mr. Swierczek stated that is correct. Right now, the Commission is debating the Rezoning and the development would be a future separate process. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wants to reference the series of comments that were received that were applicable to both the Comprehensive Plan Amendment (MI-21-01B) and this Rezoning application (Z-21-02). There are a total of 16 items that we received by email and letter of support for a Rail Haus Restaurant use. The one that is the outlier is Item #14 from the Kent Economic Partnership who was interested in much more of an industrial zoning for the end use of the site. Mr. Scott Kidner – 3 Shinnecock Road Dover, DE 19901 Mr. Kidner stated that he is obviously in support of this Rezoning and asks that the Planning Commission move forward with it. Mr. Cameron Llwellyn – Tidemark Construction 117 West Reed Street Dover, DE 19901 Mr. Llwellyn stated that he echoes Mr. Kidner’s comments and he fully supports this application. Mr. Todd Stonesifer – 115 North State Street Dover, DE 19901 Mr. Stonesifer stated that he would like to restate of the reasons why he was in favor of the previous application (MI-21-01B) and he is fully in support of this application (Z-21-02). Ms. Linda Parkowski – Kent Economic Partnership Ms. Parkowski stated that she thinks she made her position pretty clear on the Comprehensive Plan Amendment application (MI-21-01B) but it looks like it’s going to pass, and she wishes Mr. Legans all the best. They will certainly assist him in any way that they can in being successful. Mrs. Maucher closed the public hearing. Mrs. Welsh moved to recommend approval to City Council for application Z-21-02 Lands of Donny Legans at 92 North West Street and a parcel on Fulton Street for the Rezoning from M (Manufacturing Zone) to C-2A (Limited Central Commercial Zone), seconded by Mr. Adams and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mrs. Welsh voting yes; she thinks that it is a great idea and wishes the applicant all of the success. We all really need that right now and she thinks this will be a great start to revitalization as they all hope. Dr. Jones voting yes; for the reasons previously stated. Mr. Adams voting yes; he thinks that there has been great conversation tonight and he is looking forward to this great addition to Dover. Mrs. Malone voting yes; for the reasons previously stated. Mr. Hartman voting yes; to 21 24

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 support this business and he hopes that all of his fellow Commissioners and all those people who called in to support this business, he hopes to see everyone in there eating. Mrs. Lord voting yes; she believes that this is a shot in the arm that Dover desperately needs. Mrs. Maucher voting yes; it is consistent with the Comprehensive Plan change that was just approved. MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map – Public Hearing and Review for Recommendation to City Council of a Comprehensive Plan Amendment Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development to revise the Land Use Classification from Commercial High Intensity to Mixed Use. Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group). Property Address: 1365 N. DuPont Highway Lot 1 and Lot 2. Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00- 01-14.05-000. This amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. Ordinance #2021-03. Representatives: Mr. Gregory Moore, Becker Morgan Group; Mr. John Viglianti, representative of property owner. Mr. Adams recused himself from this application due to a conflict of interest. Planning Staff noted that a quorum of Planning Commission members remains (6 members present). Mrs. Melson-Williams stated that this Application deals with two properties that are located to the east of the Dover Mall. This is a request for a change in Land Use Classification from what is currently Commercial High Intensity to a proposed classification of Mixed Use. The two properties were created in 2014 with a Subdivision application. The Mall, since its development in the 1980’s has seen a series of additions to the complex with add-ons of various anchors over time. The DAC Report again provides information from the 2019 Comprehensive Plan for the goals and policies related to Commercial Land Uses as well as Mixed Use. The Planning Staff is in support of this change of Land Use Classification and find it to be generally consistent with the Comprehensive Plan. The Comprehensive Plan notes that malls are something that the dynamics of are changing and she thinks that the land use change to Mixed Use recognizes that. It is certainly an opportunity for master planning those tracts of land and to further consider what potential zoning or otherwise might be appropriate in that area. In this case, this is only a Comprehensive Plan Amendment. There is no associated Rezoning request at the present time. We do note that given the location of these properties, a careful assessment of their access will be required for any future development planning for them, but Staff remains in support of a Mixed Use classification that opens up a variety of zoning classifications for future rezoning of the property. There are no objections from the various groups in our DAC and the PLUS Review of this amendment notes that it is in the Level 1 Investment Area. DelDOT noted particularly that traffic planning and a Traffic Impact Study may likely be required at the time of development of the property. DNREC did note that there are some wetland areas on the property and there has been some previous contamination in the area that has been remediated and they also note the potential noise or air pollution impact given its location in proximity to the Speedway located to the south that should be considered as part of any future development activity for the project site. The Transit Corporation noted that the transit needs are something that need to be considered with any mixed-use opportunity. 22 25

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Moore stated that Lots 1 & 2 were subdivided from the Mall and they are owned by a separate entity from the Mall. The Mall is owned by Simon Properties and these two parcels were actually attempted to be revitalized into a power center for around the Mall with a very, very large-scale plan. Many dollars were invested in that and a combination of the new world of retail with online retailing and then hit by COVID just exacerbated that issue and has caused significant issues for malls around the Country and the Dover Mall is not different. That is the main reason that they are seeking this Mixed Use category and again that would be for Lots 1 & 2. There is a lot of commercial around us from both Dover International Speedway and the Dover Mall, but we also have quite a bit of residential and that residential land is the adjacent lands next to us and then the Kent County lands across Route 1. Clearly, Mixed Use makes a lot of sense here and our belief is that master planning Lots 1 & 2 with a mixture of residential and commercial would allow not only those lands to become vibrant development land but also will help the Mall by providing direct users to the facilities in the Mall and that is something that is direly needed. He does not need to point out the vacancies that we see there. They are willing to provide a buffer to the Dover International Speedway on the speedway side. They understand and they have met with Mr. McGlynn at the Speedway and have informed him of what we are doing. They are good neighbors and they don’t believe that they will have any issues with any residential on this parcel as they have in many areas around their Speedway. But we can’t underestimate the importance and the size and scale of our Mall; and we believe that mixed use will in fact, help re-energize that as a use. We appreciate the comments made by PLUS and Staff. They also want to point out that this Mixed Use designation is something that we are seeing around the Country around malls. We are seeing malls having to diversify and having residential uses as well as other uses to help them sustain themselves and clearly the Dover Mall owned by Simon Properties is no different. There is a Letter for the record, written by Simon Properties, that strongly supports the location and references some of the comments that he has made in terms of the affects on the Mall and how this would be a positive impact to the Dover Mall. Mrs. Lord questioned if they were thinking of residential as part of the change in the Land Use? She supports that because coming from Virginia, she has seen mall spaces turn into mini cities and residential is part of that as apartments or condos. She was just confirming that this is part of what you are thinking. Responding to Mrs. Lord, Mr. Moore stated yes, they are thinking that residential in a master planned community would be part of this. There would also likely be some commercial there as well that would support that and support the Mall. We would certainly not want to over-develop commercial because there is commercial in the Mall that needs to be utilized so they would work in unison with the Mall owners and the owner of this parcel has a close connection to them. So, it would be a largely residential development mixed. Mrs. Melson-Williams stated that the Mixed Use Land Use Category has a variety of zoning districts that could be applied to it. This is not setting forth the zoning of the property at the present time. You can see that in the Mixed Use there are a number of strictly residential zoning classifications as well as commercial zoning classifications that could be applied for these lots. They are not asking to specifically earmark pieces of it for the residential at the present time. It is just setting up what would be a future opportunity to rezone and then be planning for its redevelopment through other processes. They think that the Mixed Use gives you that range of opportunity that’s there. It is mentioned in the Report, the variety of zoning that could be possible. 23 26

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mrs. Lord stated that she understands. She just wanted to make sure that it was part of it because she has seen that be a success in other places that she has lived in revitalized areas. Mr. Moore stated that what you have seen is exactly what we are looking to do and if we are lucky enough to get approval here tonight, we would be master planning this land use in the back and then after they had those plans developed, they would come back and seek the Rezoning associated with our plans. Mrs. Hartman stated that in the Applicant’s letter, it clearly states that there is going to be a residential component should Mixed Use be granted. He urges the Commissioners to not forget the impact that this could have on Dover Downs and the Raceway. We have seen Raceway impacts locally with Pizzadili. Do we want to set ourselves for another problem with Dover Downs by allowing Mixed Use and recently residential areas on this property? He agrees, the residential would be fine for a lot of malls but a lot of malls aren’t situated next to a raceway. Mrs. Lord asked if Mr. Hartman could elaborate because she is not aware of these unintended circumstances that he speaks of. Responding to Mrs. Lord, Mr. Hartman stated that it is kind of reverse. You have a vineyard down on Peach Basket Road in Felton, DE that has been there for a long time and the adjacent land owner was granted permission to install a dirt race track by the County. He started construction and the adjacent vineyard started having problems. He thinks that the County had to back down and he does not think that there is a raceway there at this point. Here with Dover Downs, you have a situation that brings millions of dollars into the City. We have already lost one race and we have to consider Dover Downs in any Mixed Use that it goes close to. Mrs. Lord stated that she agrees, and she understands but Dover Downs is there and whatever entity comes into the subject property has to understand that Dover Downs is first rather than there being a vineyard and then something coming in. You could have mixed use hotels for people wanting to come into Dover Downs. Also reminding that we have Firefly that is not far from there. She doesn’t know what would be there but leaving it just sort of sitting there doesn’t seem like a good use. It would behoove the City to not be overly cautious because we need to think beyond the scope of what we already know and have ideas and try to execute on that. Responding to Mrs. Lord, Mr. Hartman stated that supposedly that is what the Comprehensive Plan was supposed to do. You only do the Comprehensive Plan update every ten years. The Comprehensive Plan can have this listed as a Mixed Use and he thinks that the Planners are right. Mrs. Lord stated that she guesses that they are in agreement that this use is the best use for this property. Responding to Mrs. Lord, Mr. Hartman stated no, he disagrees. Mrs. Maucher questioned how much of the property is wetlands and how much of the property is actually developable? Responding to Mrs. Maucher, Mr. Moore stated that there is about 83 acres of total property there and they have done a detailed wetlands delineation of the entire parcel, so we know where the wetlands are and plan to avoid the development of them. He does not know the exact number; that would be something that they would doing in a Master Plan and a Site Plan stage but there is plenty of land that allows them the Mixed Use. They have detailed 24 27

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 wetlands evaluations and we have them surveyed. Mrs. Malone stated that ten years ago, nobody knew that something like COVID would happen and Planners had no idea about that. Our Mall is dying, and she is actually embarrassed about it. We have people going out of town shopping other places now that used to always come to Dover, and we were the big city. There have been other subdivisions that have been built close to Dover Downs. The 55+ community was built not far from there and they have had no problems at all. She does agree that whoever develops this property, Dover Downs has to have a buffer because they are there priority to anybody who buys there. Times have changed and this is not anything that anyone would have ever seen coming ten years ago. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wants to reference the Public Comment Packet that we provided to the Commissioners. One Letter was already in your packet that was distributed earlier and that was a Letter to Connie Holland that is with the Office of State Planning Coordination. That Letter was from Denis McGlynn of Dover International Speedway noting their concerns with potential uses on this adjacent property to them. The other Exhibit Item of Public Comment was the Letter of support from the Dover Mall which is the adjacent property to this, and that letter is also included by reference. Mr. Denis McGlynn – Dover International Speedway 1131 N DuPont Highway Dover, DE 19901 Mr. McGlynn stated that he is the President/CEO of Dover Motorsports Inc and the owner of Dover International Speedway which adjoins the subject parcel. They view the Mall as a great neighbor. He knows Mr. Herb Miller who is the applicant for this particular application, and he considers him a friend and he regrets that they have to be on opposite sides of this. Route 13 is clearly a commercial corridor for very logical reasons. Residential development has been designated to separate areas in order to minimize the conflicts there when the two users are in close proximity of each other. It may be the case in other areas that Mixed Use has worked well but perhaps maybe those were more urban environments. He would have to say that the location that we share with the Dover Mall is far from urban. Furthermore, as explained in his letter of objection since it’s mostly motorsports and has you know, we have the annual Firefly Music Festival. It took 25 years and literally millions of dollars to buy out 25 property owners surrounding our properties who were constantly complaining about the noise, the traffic and other inconveniences that were associated with our operation. Since all of them have been taken care of we have been enjoying a peaceful and positive coexistence here in the community. They feel that permitting a residential component into this property right next to the Speedway is just planting more opponents for them to deal with and ultimately the City will have to deal with them too when they get complaints about the noise. They are definitely opposed to this. They are not opposed to any other form of commercial development there, in fact, if you look at what is going on with a lot of Malls around the Country, a lot of them are being converted into warehouse distributions centers. As Mr. Hartman pointed out, this may also have worked at other malls around the Country but not next to a Speedway that actually creates noise. We have a big bite out of this apple a long time ago. They have been there for 50 years and we are not looking to go back to into that environment again so they are hoping that this application will be denied. 25 28

Item 1. CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mrs. Maucher closed the public hearing. Mr. Hartman moved to recommend denial (to not recommend approval) to City Council for application MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map as he believes that it should be left as Commercial High Intensity and not designated to Mixed Use. He believes that the Comprehensive Plan is right on this parcel’s current Land Use designation, seconded by Mrs. Welsh and the motion was carried 4-2 with Mr. Roach and Mr. Baldwin absent and Mr. Adams recused. Mr. Hartman voting yes; based on the fact that it would be placing Mixed Use in the middle of a commercial zone. Mrs. Lord voting no; mixed uses in the middle of commercial zones are popping up all over the Country and they are successful and anyone who buys into an apartment or condo next to a mall and a raceway, knows that they are buying next to a mall and a raceway. It is the way of the future. Mrs. Welsh voting yes; for reasons stated in the motion. Dr. Jones voting yes; for the reasons previously stated. Mrs. Malone voting no; she supports the land use change to Mixed Use because of reasons that the previously stated. Mrs. Maucher voting yes; looking at the Map, she recognizes that there is some residential on the other side but that mall acts as a buffer and she thinks that the problems that the Raceway has experienced in trying to resolve those, you are just inviting more problems. She also recognizes that when people buy, they will see what they are buying next to but that is not going to eliminate the issue. NEW BUSINESS - None Meeting adjourned at 10:40 PM. Sincerely, Kristen Mullaney Secretary 26 29

Item 2. City of Dover DATA SHEET FOR CONDITIONAL USE REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 3, 2021 PLANNING COMMISSION MEETING OF March 15, 2021 Plan Title: JJ’s Learning Experience 2 Child Day Care Center C-21-02 Plan Type: Conditional Use Plan Property Address: 756 South Little Creek Road Property Location: South side of Little Creek Road opposite Babb Drive Tax Parcel: ED-05-077.00-01-03.00-000 Owner: Empire Medical Group, LLC Lessee: Shawanda Johnson Site Area: 2.39 acres +/- Proposed Use: Child Day Care Center Building Size: 10,111 SF tenant space for Day Care Center 33,143 SF total building Off Street Parking: Required – 36 parking spaces 1 space per 10 children + 1 per adult attendant Proposed – 60 parking spaces already existing on-site and 13 proposed parking spaces Sewer & Water: City of Dover Zoning Classification: C-4 (Highway Commercial Zone) 30

C-21-02 JJ’s Learning Experience 2 Child Day Care Center Item 2. Final DAC Report –March 3, 2021 Page 2 C P I L CITYY OF DOVER T A Y N DEVELOPMENT ADVISORY COMMITTEE N O I APPLICATION REVIEW COMMENTARY F N G D.A.C. MEETING DATE: March 3, 2021 D O V E R APPLICATION: JJ’s Learning Experience 2 Child Day Care Center FILE #: C-21-02 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Tracey Harvey, Planner PHONE #: (302) 736-7196 I. PLAN SUMMARY: The Conditional Use Site Plan Review is to permit the renovation of an existing 10,111 SF space in an existing one-story 33,143 SF building into a Child Day Care Center to serve 170 children. The property consists of 2.39 +/- acres and is zoned C-4 (Highway Commercial Zone). The building is located on the south side of South Little Creek Road opposite Babb Drive. The owner of record is Empire Medical Group, LLC. and the applicant (lessee) is Shawanda Johnson. Property Address: 756 South Little Creek Road. Tax Parcels: ED-05-077.00-01-03.00-000. II. PROJECT DESCRIPTION: The project proposes using a space in an existing one-story 33,143 SF building. The proposed location for the Child Daycare Center consists of a 10,111 SF building space that will serve 170 children and 19 adult staff. The plan identifies an outdoor play area that will be fenced in on the south side of the building. There are two areas of existing pavement to be utilized as parking lots for a total of 73 spaces on-site. A plan of the site conditions, building architecture sheet, and a narrative of the proposal were submitted. A City of Dover Business License and a Public Occupancy Permit are required for the Child Day Care Center. Child Day Care facilities must meet State licensing standards and must be inspected by the City of Dover Fire Marshal’s Office. III. ZONING REVIEW: The property is zoned C-4 (Highway Commercial Zone). With the proposal, the existing building footprint is not changing or enlarging. According to Zoning Ordinance Article 5 Section 14.12 a Child Day Care Facility is permitted in all zones provided a need can be demonstrated. The Child Day Care facilities type of land use requires Conditional Use approval by the Planning Commission based on the requirements for a Day Care Center when located in a place other than an unoccupied residence and providing services to more than 13 children. This 31

C-21-02 JJ’s Learning Experience 2 Child Day Care Center Item 2. Final DAC Report –March 3, 2021 Page 3 is noted in Article 5 §14 and Article 10 §1. The requirements for Child Day Care facilities are given below: Article 5 Section 14. Child Day care facilities. 14.1 General. In order to promote the development of quality child care outside of the home (day care facilities), the following two basic assumptions have been made: 14.11 The establishment of child day care services and facilities, wherever there is a need, is a necessary public objective; and 14.12 Day care programs for children shall be treated as community facilities and shall be permitted to locate in any zoning district, provided that need has been demonstrated, state licensing requirements have been met and no physical hazard to children can be reasonably anticipated. 14.2 Definitions. Child day care facility. For the purposes of this ordinance, the facilities described furnishing care, supervision and guidance of a child or group of children unaccompanied by a parent or guardian, for periods of less than 24 hours per day shall be defined as follows: 14.21 Child day care center. (a) Any place, other than an occupied residence, which receives children for compensation for day care or large family day care home; and (b) Any occupied residence which receives 13 or more children for compensation for day care. Child day care centers shall be required to obtain conditional use approval by the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10 and to any specified requirement set forth in subsection 14.3 below, except in zoning districts where listed as a permitted use. 14.22 Family day care home-children. An occupied residence in which a person provides care for children other than his/her own family and the children of close relatives for compensation. Such care in a family day care home is limited to that care given to six or fewer children with a maximum of three children allowed for after school care. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit and site plan approval. 14.23 Large family day care home-children. A facility which provides child care for more than six, but less than 13 children with a maximum of three children allowed for after school care. This care may be offered in a private home or in a property converted to the purpose of providing child day care. This form of day care facility requires the submission of a site plan application in accordance with the procedures and subject to article 10, section 2 of the zoning ordinance. If a large family day care home is not to be located in an occupied residence, then a conditional use site plan application shall be required in accordance with article 10 section 1 of the zoning ordinance. 14.3 Zoning criteria. 14.31 Number of children. Day care centers shall be limited to a maximum of 50 children in all residential zones. 14.32 Outdoor play area. Must meet the state requirement for day care centers. 14.33 Off-street parking/loading. One space per each adult attendant, plus one space for 32

C-21-02 JJ’s Learning Experience 2 Child Day Care Center Item 2. Final DAC Report –March 3, 2021 Page 4 every ten children. 14.34 Signage for child day care facilities (a) Signs in residential zones. i. Family day care homes-children and large family day care homes- children. One wall-mounted sign limited to two square feet. ii. Child day care center. One sign, wall-mounted or freestanding, limited in area to 12 square feet. The planning commission shall consider the location of such sign as part of the conditional use review and may approve a lesser amount of sign area if deemed necessary by the commission to protect the general health, safety and welfare of the public in general and the residents of the immediate neighborhood in particular. (b) Signs in nonresidential zones. Child day care centers within nonresidential zoning districts shall be governed by the sign regulations in effect for the particular nonresidential zoning district in which the day care center is located. 14.35 Licensing requirements. Child day care facilities must meet state licensing standards and must be inspected by the City of Dover Fire Marshal’s Office. A City of Dover Business License and a Public Occupancy Permit is required. (Ord. of 5-14-1990; Ord. of 4-25-1994; Ord. of 4-23-2007(3)) Ord. No. 2017-13, 12-11-2017) Conditional Use Review This Conditional Use is subject to the requirements of Zoning Ordinance, 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 Planning Commission may prescribe appropriate conditions and safeguards to the use if determined to be necessary. 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 §1: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 33

C-21-02 JJ’s Learning Experience 2 Child Day Care Center Item 2. Final DAC Report –March 3, 2021 Page 5 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. 1.4 Conditional use permits. 1.41 Conditional use approval. Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that: (A) The provision in this article under which such permit was issued is still in effect; (B) Such permit was issued in conformity with the provisions of this article; and (C) Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. 1.42 Periodic renewal of conditional use permit. The commission may require that conditional use permits be periodically renewed. Such renewal shall be granted following public notice and hearing in accordance with subsection 1.53. The commission may withhold approval of the renewal upon a determination by the city planner to the effect that such conditions as may have been prescribed by the commission in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. 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), Zoning Ordinance, Article 10 §1.8 outlines the submission requirements. These requirements include a map of the property showing existing conditions with the appropriate legal data and information on the elements of the proposed use. IV. PARKING SUMMARY The number of required parking spaces for a Child Day Care facility is given in Article 5 §14.33, which requires one space per ten (10) children plus one space per adult attendant. Since this facility proposes 170 children and 19 adult attendants, the site would require 36 parking spaces for the Child Day Care Center use. This size building space in the C-4 zoning district would require a minimum of 34 parking spaces. The plan states 73 parking spaces are to be provided in total on the site including 3 handicapped parking spaces. The plan indicated that 13 proposed new parking spaces will be striped to achieve the total of 73 spaces. The new spaces are found in both sides of the building. Overall the 33,143 SF building would require 111 parking spaces; however, it is considered legal non- conforming as to the current parking requirements. 34

C-21-02 JJ’s Learning Experience 2 Child Day Care Center Item 2. Final DAC Report –March 3, 2021 Page 6 Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one (1) for every twenty (20) parking spaces. Based on the number of parking spaces at the property, a total of four (4) bicycle parking spaces are required. The location of the bike rack(s) needs to be located on the Site Plan. V. SITE CONSIDERATIONS Access There is direct access to the site: one to the large parking lot on the west side of the building and one to the proposed parking areas (previous loading areas) on the east side of the building. There are two entrances/exits off South Little Creek Road. These entrances must be evaluated by DelDOT for any necessary improvements. Dumpsters Dumpsters for trash and recycling collection are required for the property. The Plan identifies the two Dumpster locations for the building with a concrete pad and enclosure. Sidewalks There is an existing sidewalk and curbing along South Little Creek Road. There is currently no sidewalk from South Little Creek Road serving as a direct access to the site while it appears to be shown on the plan. Zoning Ordinance Article 5, Section 18 provides the guidelines for pedestrian, bicycle, and multi-modal access requirement, which states when sidewalks or other pathways shall be installed on a property by the property owner or developer. For the Day Care Center on the east side of the building, the entire parking lot is paved. Access is proposed to the building with the construction of a ramp and steps on the east side of the building. The Planning Commission may prescribe appropriate conditions for establishment of the use. VI. BUILDING ARCHITECTURE The submission does not require Architectural Elevation drawings since the existing building will be utilized. The site has an existing one-story stucco-like clad building with a flat roof. The architectural elevation does not appear to show the improvements for the Child Day Care Center. For the Child Day Care Center, there are two (2) separate building entrances that both face the east parking lot. There is an existing entrance for school aged children to enter the building and there is a proposed new entrance with the constructions of steps and a ramp for entry into the building. VII. TREE PLANTING AND LANDSCAPE PLAN Based on the development area of 10,111 +/- S.F. for the Day Care Center, four (4) trees would be required to planted on the site. The plan shows the presence of three (3) existing trees and one (1) tree proposed to be planted. It is noted that the overall site does not comply with the current tree planting provisions which would require a total of thirty-five (35) trees since it was developed prior to the Zoning Ordinances current provisions. 35

C-21-02 JJ’s Learning Experience 2 Child Day Care Center Item 2. Final DAC Report –March 3, 2021 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) Identify the main entrance to the Child Day Care Center tenant space of the building for evaluation of pedestrian circulation with the installation of a sidewalk or pavement markings. 2) The data columns will need to be updated prior to Final Approval with the following: a) Any updates to the data column resulting from changes to the site layout. b) Any changes recommended, or approvals granted by the Planning Commission. 3) Parking is required for four (4) bicycles. Specifically, the Day Care Center should provide at least two (2) of these spaces based on their parking requirement. Please identify where the bicycle parking will be provided and the format of the rack. 4) Provide information on the construction of the Dumpster enclosures. 5) The parking spaces as depicted on the plan must be implemented by striping, signage, parking bumpers, etc. IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in considering and acting upon Conditional Use Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. To meet these code objectives, Planning Staff recommends the Planning Commission prescribe the following conditions and safeguards: 1) Pedestrian Connectivity: To further subsection 1.31 related to pedestrian traffic not being hazardous or inconvenient to, or incongruous with the neighboring commercial district, Staff recommends that a delineated pedestrian pathway be marked from South Little Creek Road to the Day Care Center building entrance. Since the area is paved this may be achieve by pavement markings. a. Also add a paved sidewalk to the playground area and ensure accessibility. 2) Parking Facilities: Staff recommends improvements to parking related items. a. Since the Day Care Center is focused on the eastern portion of the building, it is recommended that a specific location for staff parking be identified. Full-time staff parking may need to be located in other areas of the site to allow for the 36

C-21-02 JJ’s Learning Experience 2 Child Day Care Center Item 2. Final DAC Report –March 3, 2021 Page 8 parking for child drop-off/pick-up. The circulation pattern for drop-off and pick- up should also be identified. b. A handicapped parking space should be identified on the east side of the building as there is not a clear accessible path from the handicapped accessible spaces on the west side of the building. c. The applicant must identify the location of the bicycle rack on the Plan. It is recommended that at least two (2) of bicycle parking spaces be provided on the Day Care Center side of the building. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the Conditional Use Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. Examples include building additions, relocation of site components, and increases or changes in the number of children. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the plan. 2) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 3) Following Planning Commission approval of the Conditional Use Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and to each DAC participant providing comments. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 4) 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 shall require a Sign Permit from the City of Dover prior to placement of any such sign. 5) The applicant shall be aware that Conditional Use Plan approval does not represent a Building Permit, Business and Occupancy Licenses, and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. At a minimum an Administrative Building Permit will be required to establish this Child Daycare Center facility use in the building. A Fence Permit is required to construct the playground area fence 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. 37

Item 2. 38

Item 2. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: JJ’s Learning Experience 2 Child Day Care Center at 756 South Little Creek Road FILE #: C-21-02 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. The Department of Public Works has no objections to the plan as the site will be serviced by a private trash hauler and it is located off a State road. 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. 39

CITY OF DOVER Item 2. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: JJ’s Learning Experience 2 Child Day Care Center at 756 South Little Creek Road FILE #: C-21-02 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us 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 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. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. Water impact fees may be associated with this project. 2. One meter shall be utilized for the entire building. WASTEWATER 1. Wastewater impact fees may be associated with this project. 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 40 P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

Item 2. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: JJ’s Learning Experience 2 Child Day Care Center at 756 S. Little Creek Rd FILE #: C-21-02 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL: pwaddell@dover.de.us 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. 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. 2. Owner is responsible for locating all existing underground facilities to include electric, water and gas. 3. Owner is responsible for site and/or street lighting. 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. GENERAL 1. Final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format), if applicable. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 41

JJ’s Learning Experience 2 Child Day Care Center at 756 S. Little Creek Rd Item 2. File #: C-21-02 February 24, 2021 Page 2 of 2 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 2. 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 . 42

C F C-21-02 Item 2. 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: 02/24/21 D S O H V A E L APPLICATION: Learning Experience 2 Child Care at 756 S Little Creek Rd R FILE #: C-21-02 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 daycare center. NFPA 101, A.16.1.1 Suggested Staff to Client Ration in New and Existing Day-Care Occupancies Staff to Client Ratio Age (months) 1:3 0-24 1:4 25-36 1:7 37-60 1:10 61-96 1:12 97 plus 1:3 Clients incapable of self-preservation If staff to client ratios are below those suggested above, the AHJ shall determine the additional safeguards (this may include restricting the daycare to level of exit discharge only, requiring additional smoke detection, requiring automatic sprinkler protection, requiring better or additional means of egress, requiring similar types of provisions depending on the situation). NFPA 101, 3.3.190.4 Day Care Occupancy. An occupancy in which four or more clients receive care, maintenance, and supervision, by other than their relatives or legal guardians, for less than 24 hours per day. NFPA 101, 16.6.1.4.1.1 Family Day Care Home. A family day care home shall be s day care home in which more than three, but fewer than seven, clients receive care, maintenance, and supervision by other than their relatives or legal guardians for less than 24 hours per day, generally within a dwelling unit. NFPA 101, 16.6.1.4.1.2 Group Day Care Home. A group daycare home shall be a day care home in which not less than 7, but not more than 12, clients receive care, maintenance, or supervision bu other than their relatives or legal guardians for less than 24 hours per day, generally within a dwelling unit. NFPA 101, 3.3.66 Dwelling Unit definitions 43

Item 2. 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% and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Fire lanes shall cover 25% of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 9. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. 44

Item 2. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 10. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 11. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 12. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de- sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 13. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 14. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. 45

Item 2. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 15. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 16. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 17. NFPA 72 compliant 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 46

Item 2. required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 18. Sprinkler system 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. 47

Item 2. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 19. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. 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) 20. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 21. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 22. 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) 23. 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, 48

Item 2. 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) 24. 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) 25. 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 49

Item 2. 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) 26. 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 50

Item 2. 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 27. 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. 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, 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. 33. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. State of Delaware Daycare Licensing approval is needed 2. State of Delaware Public Health approval is needed 3. Confirm that the Fie Lane is at least 10’ from the building 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. 51

Item 2. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: JJ’s Learning Experience (756 South Little Creek Road) FILE#: C-21-02 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: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Schedule a pre-submittal meeting through DelDOT Subdivisions. 2. At a minimum a Record Plan approval will be required. 52

KENT CONSERVATION DISTRICT Item 2. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY February 24, 2021 APPLICATION: JJ’s Learning Experience 2 Child Day Care Center at 756 South Little Creek Road FILE #: C-21-02 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Katherine Owens PHONE #: 302-608-5370 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: Kent Conservation District has no objection to the conditional use site plan for the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: If at any time expansion or soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) exceeds 5,000 square feet, a Sediment and Stormwater Management Plan shall be submitted and approved by the Kent Conversation District. 53

Item 2. REVISIONS BY CONDITIONAL USE SITE PLAN DATA COLUMN: DAYCARE NAME: JJ'S LEARNING EXPERIENCE 2 ADDRESS: SUITE I, 756 SOUTH LITTLE CREEK ROAD DOVER, DELAWARE 19901 HOURS & DAYS OF OPERATION: MONDAY -- FRIDAY 5:45 AM TO 7:00 PM SATURDAY 7:00 AM TO 12:00 PM SUNDAY CLOSED 2 EXISTING OWNER'S NAME TREES AND ADDRESS: EMPIRE MEDICAL, LLC 1100 LA GRANGE PARKWAY, NEWARK, DE 19702 PROPOSED REPRESENTED BY MOHAMMED CHAUDRY SCREENED DUMPSTER & TAX MAP NUMBER: ED-05-O77.00-01-030.000-000 CONCRETE 10 PAD LOT AREA: 2.39 ACRES EXISTING PARKING ZONING: C4 ENTRANCE/EXIT OCCUPANCY TYPE: PROPOSED GROUP I-2 DAYCARE FOR SCHOOL NEW STEPS AGED BUILDING AREA: 33,143 S.F., EXISTING CHILDREN NEW ENTRANCE/EXIT NEW RAILING DAYCARE AREA: 10,111 S.F. PROPOSED DAYCARE NEW RAMP UP NUMBER OF CHILDREN: 170 CHILDREN UP F F NUMBER OF ADULTS: 19 ADULTS 3,280± S.F. PROPOSED REQUIRED PARKING: 170 CHILDREN ÷ 10 CHILDREN PER SPACE = 17 PARKING SPACES S S S S DAYCARE 19 ADULTS ÷ 1 ADULT PER SPACE = 19 PARKING SPACES PLAYGROUND TOTAL REQUIRED = 36 PARKING SPACES 7 SUITE I EXISTING PROPOSED ACTUAL PARKING: EXISTING PLUS PROPOSED: 73 SPACES, INCLUDING 3 ACCESSIBLE SPACES PP PARKING PROPOSED PARKING DAY CARE 10,111± S.F. OUTDOOR PLAY AREA: REQUIRED OUTDOOR PLAYGROUND AREA = 75 S.F. x (.25 x NO. OF CHILDREN) 3 PROPOSED 75 S.F. x (.25 x 170) = 75 S.F. x 43 = 3,224 S.F. REQUIRED TREE ACTUAL = 3,280± S.F. PROPOSED FENCED IN OUTDOOR PLAY AREA S S S S TREES: 10,111 S.F. ÷ 3,000 S.F. PER TREE = 4 TREES REQUIRED ACTUAL: 3 TREES EXISTING + 1 PROPOSED TREE = 4 TREES FH TRASH COLLECTION: PROPOSED LOCATION OF NEW SCREENED DUMPSTER IS SHOWN. TRASH COLLECTION SHALL BE CONTRACTED BY OWNER. NO TRASH WILL ACCUMULATE ON THE SITE. SOUTH LITTLE CREEK ROAD OWNER CERTIFICATION: I, MOHAMMAD CHAUDRY, HEREBY CERTIFY THAT I AM THE OWNER AND LESSOR OF JJ'S LEARNING EXPERIENCE 2 SHOWN ON THIS PLAN, AND THAT THE PLAN WAS MADE AT MY DIRECTION, AND THAT I ACKNOWLEDGE THE SAME TO BE MY ACT AND DESIRE THE PLAN BE S DEVELOPED AS SHOWN IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS FUTURE RETAIL EXISTING TREE DATE: SIGNATURE: (OWNER/LESSOR) F DATE: SIGNATURE: (LESSEE) SHAWANDA JOHNSON S F F S F F F F S F EXISTING SO TH LITTLE CREEK ROAD MEDICAL F OFFICE S 6 CONDITIONAL SE SITE PLAN FOR F PROPOSED PARKING JJ S LEARNING 13 EXISTING PARKING PP J.H. BROWN BOULEVARD 4 E PERIENCE DOVER DELAWARE BABB DRIVE EXISTING PARKING S ITE I EXISTING 23 PARKING 7 EXISTING PARKING CONDITIONAL SE SITE PLAN AND DATA COL N AD RO Y H BA UT DRAWN SO AS CHECKED W.B. DATE FEBR ARY PROJECT SITE SCALE NOTED N JOB NO. CONDITIONAL USE C SHEET SITE PLAN AND PARKING LAYOUT PROJECT LOCATION MAP C NORTH 1" = 30' 1" = 200'± OF SHEETS 54

Item 3. City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 3, 2021 PLANNING COMMISSION MEETING OF March 15, 2021 Plan Title: Warehouse Building at College Park Lot D, C-21-03 Plan Type: Conditional Use Site Plan Location: North of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right-of-way. Tax Map #: ED-05-067.00-02-12.06-000 Owner/Applicant: Stoltzfus, LLC Site Area: 0.9907 acres +/- Zoning: M (Manufacturing Zone) Current Use: Existing Telecommunications Monopole (Tower Based Wireless Communications Facility) to remain and a Trailer Building to be demolished. Proposed Use: Commercial Warehouse Maintain existing Telecommunications Monopole (Tower Based Wireless Communications Facility) Building Area: 9,520 SF Off Street Parking: Required – 12 spaces Proposed – 12 spaces Previous Applications: C-15-03 Cellco Partnership dba Verizon Wireless at 1255 College Park Drive V-15-08 Area Variance development of Telecommunications Tower Waiver Requested: Partial Elimination of Upright Curbing Consideration of: Performance Standards Review Application P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 55

Item 3. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 3, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek AICP, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for review of Conditional Use Site Development Plan to permit construction of a 9,520 SF one story Commercial Warehouse Building with associated site improvements on a 0.9907 acre +/- parcel. The property is zoned M (Manufacturing Zone). The property is located north of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right-of-way. The owner of record is Stoltzfus LLC (HSM Exchange LLC). Property Address: 1255-1257 College Park Drive. Tax Parcel: ED-05-067.00-02-12.06-000. Previous Applications: Application V-15-08 was granted by the Board of Adjustment at their June 2015 meeting. This Area Variance Application was to request an increase the maximum permitted height in the M zone by 123 feet from 35 feet to 158 feet. This was to allow for the installation of a telecommunications monopole (Towed Based Wireless Communications Facility) on the property. Once granted by the Board of Adjustment, Conditional Use Site Plan Application C-15-03 subsequently went to the Planning Commission at their August 2015 to allow for the construction of said telecommunications monopole. This application received conditional approval, by the Planning Commission and Final Plan Approval in January 2016. Staff notes the monopole structure is to remain on the property alongside this proposed development. II. PROJECT DESCRIPTION The subject property is located north of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right-of-way. The applicant is proposing to construct a one- story 9,520 SF building and associated site improvements to be utilized primarily for commercial warehousing. The existing Telecommunications Monopole is to remain on site. No specific type of “commercial” product or tenant is of yet identified. Neighboring properties on College Park Drive (across College Park Drive to the northwest, and immediately adjacent to the subject property to the southwest) are also zoned M (Manufacturing Zone) and contain a mixture of largely warehouse and office spaces. The property to the rear (southeast) of the subject property is CPO (Commercial and Professional Office Zone) and is the 56

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 2 site of the offices of the USDA Department of Agriculture; however, the part of that parcel immediate adjacent to the subject site includes a stormwater management facility and remains partially wooded. Immediately adjacent to the northeast of the property is the right-of-way for the railroad, and across the railroad from the subject site are several parcels zoned RG-5 (General Residence Zone) which remain undeveloped and are similarly, primarily wooded. III. ZONING REVIEW M (Manufacturing Zone) The application is a Conditional Use Site Plan for the proposed construction of a warehouse style building for multiple tenants. Manufacturing, building contractor’s yards, and wholesale storage and warehousing buildings in the M Zone are Conditional Uses which require approval from the Planning Commission. (Zoning Ordinance Article 3 Section 19.1) Article 3 Section 19.1 Manufacturing zone (M) 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following, and conditional upon approval as to use by the planning commission in accordance with the provisions of article 10, section 1 and in accordance with performance standards procedure as set forth in article 5, section 8: 19.11 Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing, handling, or storage of products or materials involving the use of only oil, gas or electricity for fuel. 19.12 Research, design and development laboratories. 19.13 Wholesale storage and warehousing. 19.14 Building contractors' yards. 19.15 Public utilities uses. 19.16 Ministorage facilities, subject to the following regulations: (a) No unit shall be placed within 30 feet of any other structure on the lot or a residential property line. (b) No outside storage, except for recreational vehicles, boats or personal automobiles when completely screened from view and parked in specifically approved locations. Parking for these vehicles shall not count toward the required parking set forth in subsection (e) below. (c) No individual unit may be used for retail, garage sale or any other commercial activities. (d) No storage of flammable, explosive, corrosive or other hazardous products may occur in the individual unit. (e) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum of three spaces for an office outside of the enclosure. One row of parallel parking is permitted between buildings at a ratio of one space per 25 feet. (f) All other bulk requirements of this ordinance are met. This Conditional Use Site Plan is subject to the requirements of Article 10 §1 further discussed below. With Conditional Use Site Plan applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the 57

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 3 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 relates to the role of the Commission in reviewing Conditional Use Site Plan applications are particularly relevant when reviewing this application: Article 10 §1.1 [Accessibility for fire and police protection.] That all proposed structures, equipment or material shall be readily accessible for fire and police protection; Article 10 §1.2 That the proposed use 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; IV. PARKING SUMMARY The parking requirement for a warehouse in the M (Manufacturing Zone) is based on a rate of one parking space per 800 square feet of floor area or one parking spaces per employee, per largest working shift (if greater than the requirement under the floor area calculation). Based on a total floor area of 9,520 SF the facility would require 12 parking spaces. The plan submitted shows a total of 12 parking spaces including one handicapped accessible space. Bicycle Parking Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is to be served by 12 parking spaces, one (1) bicycle parking space is required. Bicycle parking is noted on the Plans (Revised Exhibit Sheet) submitted, shown being located near the dumpster enclosure to the northeast of the main building. While facilities are noted, the number of spaces however has not been identified. Loading Berths Article 6 Section 4.2 of the Zoning Ordinance states that for manufacturing, wholesale, or storage uses in the M or IPM zone, and for buildings in excess of 150,000 square feet in any zone, sufficient off-street loading berths shall be provided. Staff will determine the sufficiency of the loading berths after reviewing written documentation from the applicant through this Site Plan review process. The plan currently shows one (1) loading space being provided along the northeast side of the proposed building. The Loading Space is shown as 29 foot width at the entrance, and tapers toward the rear. The Applicant will need to note the remaining dimensions for Staff to determine its suitability, once a use tenant is identified. The architecture seems to reflect a series of five (5) roll-up garage style doors on the front (north) facade that may also serve for loading purposes. The applicant will need to provide a written description of all proposed activity to take place on site before Planning Staff may determine the sufficiency of the proposed loading berths. Stormwater Utility and Drainage Easement The plans submitted identify a 10-foot-wide Utility & Stormwater Drainage Easement along the northeastern boundary (adjacent to the railroad corridor) of the subject site. The paved loading space lies partially in this easement. Planning Staff notes the submission of the Applicant to waive the requirements for curbing around this loading space specifically to help facilitate 58

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 4 stormwater management/sheetwater runoff. The Applicant should however provide further detailed information as to how this loading space will not impede or otherwise negatively impact said Easement area. V. SITE CONSIDERATIONS Access There is one entrance proposed to the site from College Park Drive. This proposed access connects to both the vehicle parking lot to the northwest of the main building, as well as directly to the Loading Space Area on the east end of the main building. An existing gravel drive leads to the Wireless Communications Facility (monopole) from the loading space area. There is no proposed cross access to adjoining properties. College Park Drive - Status of Right-of-Way College Park Drive is a privately maintained road and consequently not within the purview of either the City of Dover, nor DelDOT to maintain. In the plans submitted however, the Applicant has identified that the Right-of-Way recorded for the end of College Park Drive, is not as College Park Drive was in fact constructed. With the Revised Plan Exhibit, the applicant is proposing to align the portion of College Park Drive Right-of-Way located on their property with the location of College Park Drive as constructed. It is incumbent on the Applicant to ensure that any easements or right-of-way location adjustment necessary to facilitate public access to College Park Drive are properly recorded. This change to Right-of-Way location also allows for adjustments of the site design to accommodate the street frontage sidewalk, and the on-site placement of the parking lot and Building. Lighting There is a note on the Cover Sheet of the Plan Set which indicates that any lighting scheme on the subject site is to meet a minimum of 1.5 foot-candles at grade which is compliant with Code. The Plans submitted however do not appear to indicate any specific freestanding lighting scheme; there are wall-mounted lights shown on the east and south elevations of the building. Dumpsters Industrial/warehousing buildings require two (2) dumpster pad for the first 80,000 S.F. of building area and one (1) for each additional 40,000 S.F. of building area or a fraction thereof. Based on this calculation two (2) dumpster pads are required for the overall building area of 9,9520 SF at this site. The Site Plan currently indicates two (2) dumpster enclosures with pads. The plans submitted further identify that these dumpster pad areas are to be enclosed. The Applicant has indicated that the trash collection is to be carried out privately. Sidewalks: Sidewalks are required along the entire street frontage of a property (Zoning Ordinance, Article 5 §18.1). A sidewalk connection between the street frontage sidewalk and the building must also be provided (Article 5 §18.3). The plan submitted as the Revised Plan Exhibit indicates sidewalks along the frontage of College Park Drive, as well as connecting from College Park Drive, into the site, across the Vehicle Parking Area to the main entrance of the building. 59

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 5 Planning Staff notes that the property immediately adjacent and on the same side of College Park Drive provides a sidewalk along the entirety of its College Park Drive frontage. This sidewalk appears to extend all the way along College Park Drive to College Road, the property across College Park Drive from the subject site similarly contains a sidewalk along its College Park Drive frontage. The inclusion of sidewalk on this property will allow pedestrian access from the subject site, unencumbered, all the way to College Road. 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 applicant has submitted a Waiver Request from the requirements of the Zoning Ordinance, Article 6 Section 3.6 (b) for upright curbing, specifically around the perimeter of the loading space area. The Applicant has stated that the Waiver Request is to help facilitate stormwater runoff. Planning Staff has granted the Waiver Request. VI. BUILDING ARCHITECTURE The Plan submission includes a Sheet showing the elevation all four (4) sides of the proposed building. The Elevations Sheet does not note any type of material, only noting details of features like doors, garage doors, and windows. All four walls and the pitched rood appear to all indicate a vertical type material installation, presumably metal. VII. TREE PLANTING AND LANDSCAPE PLAN The Zoning Ordinance requires a tree planting/landscape plan for at a rate of one tree per 3,000 SF of development area. It should be noted that the previous development application C-15-03 indicated woodland area on the property. However, the Applicant has indicated that the severe weather that impacted Dover in the Summer of 2020 (Tornado from Hurricane/Tropical Storm Isias) caused significant damage to this wooded area and subsequent property clean-up efforts removed this wooded area. The parcel is noted on the Landscape Plan (Sheet LS-1) as being 43,154.89 SF. This would require a minimum number of fifteen (15) trees to be planted of no areas qualify as woodland. The Plans submitted show a mix fifteen (15) trees in a mix of deciduous and evergreen trees being planted which meets Code Requirements. The Landscape Plan submitted does not show any further details (shrubbery, flowers, etc.) beyond the proposed tree plantings. VIII. PERFORMANCE STANDARDS REVIEW Uses in the M Zone are subject to the Performance Standards Procedure set forth in the Zoning Ordinance, Article 5, Section 8.1 and 8.2 and referenced sections. Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall be used or occupied in any manner so as to cause any one or more of the following conditions to exist and to be dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises: Fire, explosive or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or electromagnetic disturbance; glare, liquid or solid refuse or waste; traffic congestion causing roadways or intersections in the surrounding highway network to fall below acceptable levels of comfort and convenience; or other substance, condition or element (referred to hereinafter as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence. 60

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 6 The project’s compliance with a series of performance standards for the “dangerous and objectionable elements” is to be considered by the Planning Commission. The “dangerous and objectionable elements” are as follows: • Fire and explosion hazards (activities with and storage of) • Radioactivity or electromagnetic disturbance • Noise (sound pressure level) • Vibration • Smoke • Odors (Odorous gases or odorous matter) • Fly ash, dust, fumes, vapors, gases and other forms of air pollution • Glare (from lighting or high temperature processes) • Liquid or solid wastes • Traffic congestion (Level of Service E) The project cannot cause the above conditions to exist so that they adversely affect the surrounding areas or adjoining properties. The specific limits of each performance standard are described in the Zoning Ordinance. Where the performance standards conflict with regulations established by other state or local agencies such as the Delaware Department of Natural Resources and Environmental Control (DNREC), the more restrictive regulations apply. As part of this procedure, a separate Performance Standard Review Application is required to accompany the application for Site Plan approval. The applicant has submitted a Performance Standard Review Application letter indicating how the proposed development will restrict the emission of dangerous and objectionable elements detailed in Article 5, Section 8.5. The Planning Commission may refer the Application to expert consultants for review if deemed necessary. The Planning Commission is charged with determining if the proposed of the facility conforms to the applicable performance standards. IX. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with the agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Review and Approval of the Performance Standards Review Application is required for the property development in accordance with Zoning Ordinance, Article 5 §8.6. 2) Please clarify the status of College Park Drive. It must be clearly stated as to what legal agreements may be in place, as the road intended to provide public access appears to be located partially outside of the recorded Right-of-Way, and instead on the subject property. A Record Plan will need to be submitted, to establish any new necessary Easements or adjustments to the Right-of-way location. 3) Please add a note to the plan regarding the City Planner’s approval of the waiver request to eliminate upright curbing in select areas. 61

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 7 4) The complete Plan set must be updated to reflect the revised site development proposal shown in the Revised Plan Exhibit. 5) Provide information on the intended use of building so that Staff can evaluate the loading space/area provided. 6) Please provide details noting how the proposed Loading Space area to the northeast of the proposed building will not interfere with the Utility & Drainage Easement. 7) Please identify the square feature to the rear of the building (southern corner of the subject site) shown on the Site Plans. For example, if this is a fence surrounding the existing Wireless Communications Facility monopole, please identify it as such. a) Please provide details on the structure (dimensions, purpose, material, etc.) as it appears that it is intended to remain on the property with the proposed development. 8) Cover Sheet: a) Please note the Site Area in square feet in addition to acreage. b) Please note both the required number trees to be planted, as well as the number of trees proposed. c) Please note that the Data Column identifies thirteen (13) Vehicle Parking Spaces, whereas the Plan Sheets show only twelve (12) Vehicle Parking Spaces. 9) Page A1/ Elevations Plan: a) Please note the building material to be proposed for all four walls and the roof. b) Please provide the full dimensions of the proposed building and the building details (doors, windows, garage doors, etc.). 10) Evaluate any existing vegetation on the property to determine if it qualifies as “woodland” per the Zoning Ordinance. The Landscape design professional must attest to the presence or lack thereof. 11) 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. X. 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. 62

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 8 1) Waiver Request: a) Partial Elimination of Curbing: Staff grants approval of the waiver request to relax curbing requirements in the loading space area. The upright curbing requested to be waived is to facilitate to stormwater management. Therefore, the elimination is appropriate to allow sheet flow of water into these areas. 2) Performance Standards Review Application: Planning Staff recommends approval of the Performance Standards Review, believing it sufficiently demonstrates the intent to comply with the restriction as provide in Zoning Ordinance, Article 5 Section 8.1 and 8.2. 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 Conditional Use Site Plan occur in the finalization of the Conditional Use Plan contact the Department of Planning and Inspections. Examples include relocation of site components like paving 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 regard to the Plan. 3) Following Planning Commission approval of the Conditional Use Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and the other commenting 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 (Final Plan Approval). 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) 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. 6) 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. Building Permits will be required for each building and for each tenant space fit-out/ occupancy. 7) In the event that there are changes to the architecture, building footprint, layout or square 63

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 9 footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 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) 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. 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. 64

Item 3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. The Department of Public Works has no objections to the plan as the site will be serviced by a private trash hauler and it is located off a private street. 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. 65

Item 3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us 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 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 Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater 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 66

Item 3. Warehouse Building at College Business Park Lot D File #: C-21-03 February 24, 2021 Page 2 of 3 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 Water & Wastewater 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. A minimum of fifteen feet (15’) shall be provided between the fire hydrant and fire hydrant valve. 8. Our records indicate that there is an existing water main (privately owned) that travels south from the end of the cul-de-sac. Please be advised that the building must be installed at least ten feet (10’) away from the underground infrastructure. 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 Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. 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. 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. No trees may be planted within ten feet (10’) of utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). 67

Item 3. Warehouse Building at College Business Park Lot D File #: C-21-03 February 24, 2021 Page 3 of 3 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater 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 required to be paid prior to Certificate of Occupancy 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, it may be required to submit the sanitary sewer system plans 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. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project. 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 . 68

Item 3. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL: pwaddell@dover.de.us 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. 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. 2. Owner is responsible for locating all existing underground facilities to include electric, water and gas. 3. Owner is responsible for site and/or street lighting. 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. GENERAL 1. Final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format), if applicable. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. 69

Warehouse Building at College Business Park Lot D Item 3. File #: C-21-03 February 24, 2021 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 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 . 70

C F C-21-03 Item 3. 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: 02/24/21 D S O H V A E L APPLICATION: Warehouse Building at College Business Park Lot D R FILE #: C-21-03 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 warehouse/storage 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) nd 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 71

Item 3. 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. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 9. 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 72

Item 3. 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. 10. 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. 11. NFPA 72 compliant 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) 12. 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. 73

Item 3. 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) 13. 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. 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. 74

Item 3. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 14. 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) 15. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 16. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed. If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate for the storage presented. 17. 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) 18. 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) 19. 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: 75

Item 3. 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) 20. 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. 76

Item 3. 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 21. 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. 22. Project to be completed per approved Site Plan. 23. Full building and fire plan review is required. 24. 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. 25. Construction or renovations cannot be started until building plans are approved. 26. 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. 27. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Additional information (what the building will be used for/what will be stored) is needed 2. A fire hydrant will be required (TBD after discussion with the Fire Marshal) 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. 77

Item 3. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Warehouse on College Park Drive FILE#: C-21-03 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: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Access to the property is from a private street within a Industrial Park.. 78

KENT CONSERVATION DISTRICT Item 3. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY February 24, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Katherine Owens PHONE #: 302-608-5370 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: Submit a Sediment and Stormwater standard non-residential application, fee, and plan to the Kent Conservation District office. ADVISORY COMMENTS TO THE APPLICANT: Maintenance of all existing stormwater facilities is to be completed prior to any final approval of plans. Please contact Kent Conservation District office for further details on required maintenance action items. 79

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Item 4. City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 3, 2021 PLANNING COMMISSION MEETING OF March 15, 2021 Plan Title: S-21-02 Academy of Dover Charter School Plan Type: Site Development Plan Address: 104 Saulsbury Road Location: West side of Saulsbury Road approximately 900 ft. north of Forrest Avenue. Tax Parcel: ED-05-076.07-01-27.00-000 Owner: Dover School, LLC. Property Area: 4.757 acres +/- (207,714.92 SF) Zoning: IO (Institutional and Office Zone) COZ-1 (Corridor Overlay Zone) Present Use: School Proposed Use: School Building Area: Proposed 1-story School Building measuring 7,072 SF at the rear of the existing School Building (37,960 SF). Off Street Parking: Required – 42 spaces Proposed – 48 spaces Impervious Areas: Permitted – 85% Proposed – 46% (2.19 acres) Sewer & Water: Existing City of Dover Waiver Request: Elimination of Fence Component of Opaque Barrier and Alternative Format of Opaque Barrier 83

Item 4. C P I L T A Y N N CITY OF DOVER O I F N DEVELOPMENT ADVISORY COMMITTEE G D APPLICATION REVIEW COMMENTARY O V D.A.C. MEETING DATE: March 3, 2021 E R APPLICATION: Academy of Dover Charter School: 104 Saulsbury Road FILE #: S-21-02 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Samantha Bulkilvish, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY: This Site Plan Review is to permit the construction of a one story 7,072 S.F. school building with the associated site improvements at the rear of the existing 37,960 SF school building on this site. The project area consists of one parcel of land totaling 4.757 acres ±. The property for the proposed development is zoned IO (Institutional and Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the west side of Saulsbury Road and is approximately 900 feet north of Forrest Avenue. The owner of record is Dover School, LLC. Property Address: 104 Saulsbury Road. Tax Parcel: ED-05-076.07-01-27.00-000. Previous Applications: The original school building was reviewed under application S-02-27 Dover Academy Charter School and was given conditional approval by the Planning Commission at their meeting of October 21, 2002. The Final Site Plan for Dover Academy Charter School was approved on December 13, 2002. Planning Commission, in addition to the conditions of approval outlined in the Development Advisory Committee Report dated October 10, 2002, acted to approve a waiver of the Opaque Barrier (fence) along the west property line where the property is adjacent to a residential use. The Landscaping Option for the planting of continuous evergreen hedge along the property line is still required and was met utilizing the existing wooded area supplemented with additional evergreen trees. II. PROJECT DESCRIPTION The property located at 104 Saulsbury Road has been previously developed as the Academy of Dover Charter School. This Site Development Plan is to add an additional 7,072 SF School Building on the site, increased sidewalk connectivity, and additional landscaping as required by 84

Item 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road DAC Report – March 3, 2021 Page 2 the area of disturbance and the property’s location in the Corridor Overlay Zone (COZ-1). The Proposed building is at the rear of the existing building and across a drive aisle. There are improvements proposed for pedestrian safety including a marked crosswalk and additional sidewalks around the new school building. The new building is also adjacent to an existing storm water collection facility on the premises. Surrounding Land Uses: To the north is an assisted living facility; this parcel is zoned RG-2 (General Residence Zone). The properties to the east, across Saulsbury Road are zoned C-2A (Limited Central Commercial) and consists of a couple single family dwellings and a used car lot. The properties to the south are zoned C-2A (Limited Central Commercial) and RG-5 (General Residence for Mid-Rise Apartments). The parcel zoned C-2A is the location of the Clubhouse Facility associated with the other parcel to the south containing The Grande Apartments: PND – Senior Housing Development. A small portion of the rear property line of the subject parcel buts up to the parcel containing the Modern Maturity Center to the southwest which is zoned IO (Institutional and Office Zone). Also, to the west are several residential properties that are zoned R-8 (One Family Residence Zone) within Bicentennial Village. III. ZONING REVIEW IO (Institutional and Office Zone) The types of permitted uses in the IO Zone are given in Article 3 §10 of the Zoning Ordinance. Public and institutional uses including hospitals, libraries, police stations, schools and places of public assembly are permitted uses in IO. COZ-1 (Corridor Overlay Zone -1) The subject site area involved with this application is located within the COZ-1. The Zoning Ordinance details the requirements of the COZ-1 in Article 3 §27 and its subsections. The Corridor Overlay Zone as a planning and growth management tool is designed to foster an 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 follow below. The compliance of the project with the COZ-1 requirements is discussed below. • The COZ-1 specifies a required front yard setback for non-residential properties. This site has frontage along Saulsbury Road and the front setback from Saulsbury Road is a maximum of 50 feet. The existing school building is in compliance with this setback and the new school building will be located to the rear of the existing building. • The COZ-1 building must sit parallel to the road with the longest side facing the road; the new building will not be visible from the road. • Achieves the following for the parking lot layout/arrangement: the existing parking lot is located at the rear of the existing building, there are no plans to add or remove parking spaces, and the number of parking spaces versus islands is met. • Building complies with the allowable number of stories and maximum permitted height 85

Item 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road DAC Report – March 3, 2021 Page 3 of 35 feet in the COZ-1. • The proposal meets the requirement that a minimum of 25% of the lot consists of landscaped open space. With a Lot Coverage of 46% (noted in the data column), approximately 54% remains as open space. • Width of parking lot islands meets the 10 feet width requirement for areas within the COZ-1. Again, there are no proposed changes to the parking lot. • The project complies with the 6-foot sidewalk width and additional plantings are being added in and around the parking area. • Street frontages are required to have a landscaped open space of 25 feet and provide one tree per 50 feet of frontage. These requirements are being met with the addition of some plantings at the front of the existing school building. • Non-frontages 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 feet. This is being met with the addition of plantings around the perimeter of the site where there may be plantings that have died in the past. IV. PARKING SUMMARY Vehicle and Bicycle Parking Parking for an elementary or junior high school is calculated at a rate of one (1) parking space per eight (8) seats in a main auditorium/cafeteria or gymnasium. The largest gathering space at the school has 334 seats which requires 42 parking spaces. This area is not changing with the construction of the new school building so the number of provided spaces at 48 spaces including two handicapped spaces is adequate and will not have to be revised. Bicycle parking is required at a rate of one bicycle parking space per twenty parking spaces and will require three (3) bicycle parking spaces. Currently, a plan note indicates the intention of placing five (5) bicycle parking spaces outside the new school building. Loading Spaces The total size of the building area including the new building requires three (3) loading space (Article 6 §4.21). These loading spaces are shown at the east end of the new school building. The dimensions of these loading spaces meet the requirements of Article 6 §4. V. SITE CONSIDERATIONS Building placement requirements of the Corridor Overlay Zone are found in Zoning Ordinance, Article 3 §27.62. It includes the requirement that the building be placed with the long side to the roadway. Since this new building will be placed behind the existing building that faces Saulsbury Road and will not be visible from the road frontage this would not apply. Lighting Lighting is existing and is located around the parking area including two lights that will be at the front of the new School Building. Lighting must be adequate to safely light all parking and pedestrian areas yet must be shielded and directed as to not create a nuisance on the adjacent properties. Additional lighting either located on the building or near new pedestrian paths may be 86

Item 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road DAC Report – March 3, 2021 Page 4 required. Dumpster Construction A Dumpster pad site is shown on the plans at the southwest corner of the existing school building. Based on an aerial image of the location it appears this pad is used for a generator. There are two (2) Dumpsters, the minimum number required, located at the end of the dead-end drive aisle that is behind the existing school building. A dumpster enclosure is required to screen the dumpster from view whenever these units are situated so that they will be visible from any public right-of-way or from an adjacent property (Article 5 §6.11). Sidewalks There is no change to the sidewalks along the street frontage of Saulsbury Road. There is a multi-use path along Saulsbury Road. Barrier free access ramps are installed at all points where sidewalks or multiuse paths intersect with the ingress and egress access drives to the property. Additional sidewalk is proposed around the new school building connecting the existing building to the new building and providing safe access from the school buildings to the playground at the rear of the property without having to walk through the parking area. Opaque Barriers Waiver Request for Fence Component of Opaque Barrier Any non-residential use adjacent to a residential use is required to provide an Opaque Barrier at least six feet in height (Article 5 §7.2). Options for the Opaque Barrier include a privacy fence, masonry wall or earthen berm. In addition, there are landscape requirements which includes a six-foot evergreen planted screen or a hedgerow that is four feet at the time of planting and will grow to six feet. The Site Plan shows a fence along the north property line and has previously sought a waiver from this requirement for the west property line since it is heavily wooded. The zoning has changed along the south property line and the need for an opaque barrier should be revisited. A written waiver request has been submitted for consideration regarding the Opaque Barriers. VI. BUILDING ARCHITECTURE The submission includes the requisite Architectural Elevation drawings. The applicants are proposing a single-story building with hipped roof. The entrance to the building, located on the east side of the building, is positioned under an entry way that also has a pitched roof held up with two brick columns. The windows shown on the plans are six-pane over six-pane double hung windows and are shown on all sides of the building. There is a secondary entrance/exit at rear of the building facing the west. This building is subject to the Architectural Review requirements found in Article 3 §27.69 for properties located within the Corridor Overlay Zone. This section of code reflects the amendments adopted November 13, 2006. See text below. 27.69 Architectural Review. The side of any building which faces the corridor (or corridors) shall be referred to as the "corridor elevation." Buildings in the COZ-1 shall be designed to front on the corridor, and the corridor elevation shall contain architectural elements traditionally associated 87

Item 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road DAC Report – March 3, 2021 Page 5 with the front of a building. Blank walls without functioning windows are prohibited along the corridor. Windows must be incorporated into the overall design concept of the corridor elevation. Providing one or several small windows on a large corridor elevation shall not constitute compliance with this ordinance. A “functioning window” shall be defined as a window which lets light into the interior of the structure, and is integrated and related to the interior layout of the space. In addition to functioning windows, the corridor elevation shall have the following elements: a) A primary entrance door or doors (except for loading doors). b) A primary entrance feature, such as a porch, portico, awning, entrance walk, or other similar feature. In addition, the corridor elevation shall have one of the following elements: a) Landscaping integrated into the building design concept. b) Architectural or urban design elements which link adjacent structures together, such as plazas, walkways, colonnades, or similar features. c) Architectural relief, such as vertical and horizontal off-sets in exterior wall elevations, band courses, lintels and sill courses, cornices and the like to create shadow lines. While this proposed building does not face the corridor, it is reflective of many of the architectural elements required in the Corridor Overlay Zone. As currently proposed the building includes an extensive number of windows which qualify as functioning windows. With the architectural elevations showing entrance doors and primary entrance feature of a portico over the entrance, this project follows the code requirement. The plan as submitted complies with the second requirement of the corridor elevation (items b and c) by providing walkways that connect the new building to the existing and then to the play areas on the site and also providing a variety of architectural relief on the front façade. VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan sheet set includes the requisite Landscaping Plan elements. Based on the total site area of 207,214 S.F. minus the wooded area preserved on the site according to a prior landscape plan dated 9/26/2002 of 10,675 SF the residual area of disturbance is 196,539 SF. Based off this calculation the required number of trees is sixty-two (62) and the proposed number of trees is sixty-two (62). The site includes a number of existing trees and likewise the proposed tree plantings are a mix of deciduous, ornamental, and evergreen trees. These tree planting locations should maintain appropriate separation distances from utilities lines including stormwater collection facilities. The landscape requirements for the COZ-1 (Corridor Overlay Zone –1) include at a minimum 25% of the site consist of landscaping and landscaped parking areas. For this site, approximately 54% of the site is landscaping or open space. Green Vase Zelkova and Serviceberry trees are utilized for the landscaping within the parking lot islands. The COZ-1 (Corridor Overlay Zone –1) includes specific tree planting requirements along property lines. One tree per fifty feet of frontage is required. This property with a frontage of 300 ft. +/- on Saulsbury Road would require six (6) trees. Five existing trees are shown and one 88

Item 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road DAC Report – March 3, 2021 Page 6 additional is proposed. One tree per 75 feet is required on the non-frontage perimeters for a total of nine (9) trees on the north property line and nine (9) trees on the south property line with the west property line being entirely wooded. For these areas, the canopy tree plantings consist of a mixture of existing trees and Norway spruce and plane tree along the south property line and Bowhall Red Maple and Narrow Arborvitae along the north property line. A grouping of Columnar Cherry and Nellie Stevens Holly are also planned along the drive from the front of the existing building to the parking lot in the rear along the north property line. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. VIII. CITY AND STATE CODE REQUIREMENTS: 1) The data column will need to be updated prior to Final Approval with the following: a) Maximum building height in the COZ-1 is 35 feet and shall not exceed two stories. b) Under Maximum lot coverage please include the requirement of minimum of 25% landscaped and open space required in the COZ-1. c) Please include the front setback unique to the COZ-1 which is 40 feet minimum and 50 feet maximum for a non-residential building along McKee/Saulsbury Road. d) Any changes recommended or approvals by the Planning Commission. 2) On all pages please update the zoning of the property to the south owned by DoveView Investors, LLC as this is no longer zoned IO, but RG-5. 3) The landscape buffer along the south property line that abuts the property zoned RG-5 must include a 15-foot landscape buffer in accordance with the COZ-1. Please revise this buffer on all pages of the Site Plan. 4) Any portion of the property adjacent to a residential use requires an Opaque Barrier in accordance with Zoning Ordinance Article 5 §7. A waiver was requested and approved previously for the Opaque Barrier along the west property line. A written waiver request for the elimination of the fence requirement of the Opaque Barrier Requirements has been received for consideration as there are existing trees and thick vegetation along the south and west property lines. An exhibit map was also included to aid in the visualization of the existing conditions. 5) Show dumpsters on the site plan in the correct location. 6) On the Landscape Plan: a) Tree plantings are to be provided at 1 tree per every 3,000 SF of area disturbed. The calculation shown is based on the total area of the site. This can be adjusted however the applicant is going above and beyond and may require all plantings to meet landscape buffer and opaque barrier requirements. b) Ensure that tree and shrub plantings do not conflict with utility lines such as sewer, water, 89

Item 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road DAC Report – March 3, 2021 Page 7 fire department connection location, stormwater collection facilities, etc. and that a 10- foot separation distance is maintained. There is a conflict with the new fire hydrant in the parking lot island and a tree location. c) Please update with correct new school building footprint and sidewalk layout depicted on all other plan set pages. 7) On the architectural rendering there are no lights visible on the building. If there are not going to be lights on the building it is recommended that additional lights be shown on the site plan, especially in the areas of the proposed ramp near the front entrance on the east side of the new school building and near any other proposed ingress/egress point. 8) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval by Kent Conservation District (KCD) 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. 9) The Final Plan set must include notes documenting any action taken by the Planning Commission 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 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1. Waiver Request – Opaque Barrier adjacent to residential uses Zoning Ordinance, Article 5 §7 requires that all nonresidential uses abutting residential uses shall include an Opaque Barrier consisting of a minimum six (6) fence, earthen berm or masonry wall accompanied by landscaping in the form of an evergreen hedgerow or other hedgerow interspersed with evergreens. The property shares borders with residential uses to the north, west, and a portion of the south. To the north is the Brookdale Dover Nursing Home zoned RG-2 (General Residential). On the westerly border of the property are two lots which are part of the Bicentennial Village Subdivision zoned R-8 (One Family Residence Zone). To the south is The Grande Apartments PND-SCHO, a 55+ Community zoned RG-5 (General Residence Zone for Mid-Rise Apartments). Article 5 §7.24 states that Planning Commission may waive the requirements for an Opaque Barrier and may only require the landscape options as outlined in §7.22 in cases where noise is not a concern and where the landscaping would be desirable. The applicant had previously submitted a waiver for the Opaque Barrier on the west side of the 90

Item 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road DAC Report – March 3, 2021 Page 8 property by claiming there is an existing 40’ to 60’ wooded area, the neighboring residential properties already have fences and that they were to plant seventeen (17) evergreen trees ranging in height from 5’-6’ to enhance the existing wood line. This waiver was ultimately approved. A new waiver request has been submitted for consideration by the Planning Commission for the removal of the fence requirement for the Opaque Barrier required along the south and west property lines due to trees and existing vegetation in these areas. There is an existing fence and additional plantings proposed along the north property line that meet the criteria for the Opaque Barrier. Staff supports the approval of this Waiver Request recognizing the presence of existing trees and vegetation along these property lines to serve as the landscaping component of the Opaque Barrier and that implementation of the new fencing in these areas is not necessary for noise attenuation and would require removal of existing plantings to even implement. X. ADVISORY COMMENTS TO THE APPLICANT: 1) 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. Examples include reorientation of building, relocation of site components like stormwater management areas, 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) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 3) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 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) Should the construction 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. 6) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place or revise any sign on the premises. Any proposed or revised site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. 91

Item 4. S-21-02 Academy of Dover Charter School at 104 Saulsbury Road DAC Report – March 3, 2021 Page 9 7) The applicant shall be aware that Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 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. 92

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Academy of Dover Charter School at 104 Saulsbury Road FILE #: S-21-02 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us 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 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 Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater 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 93

Item 4. Academy of Dover Charter School at 104 Saulsbury Road File #: S-21-02 February 24, 2021 Page 2 of 3 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 Water & Wastewater 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. A minimum of fifteen feet (15’) shall be provided between the fire hydrant and fire hydrant valve. 8. Please depict the location of the easement for the water main that enters this site. If no easement exists, please submit the necessary paperwork to the Kent County Recorder of Deeds to have this easement recorded. 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 Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. 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. 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. No trees may be planted within ten feet (10’) of utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). 94

Item 4. Academy of Dover Charter School at 104 Saulsbury Road File #: S-21-02 February 24, 2021 Page 3 of 3 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater 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 required to be paid prior to Certificate of Occupancy 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, it may be required to submit the sanitary sewer system plans 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. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project. 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 . 95

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Academy of Dover Charter School at 104 Saulsbury Road FILE #: S-21-02 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. The Department of Public Works has no objections to the plan as the site will be serviced by a private trash hauler and it is located off a State road. 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. 96

Item 4. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Academy of Dover Charter School at 104 Saulsbury Rd FILE #: S-21-02 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us 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 existing underground electric, communications and water facilities. 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. 97

Item 4. Academy of Dover Charter School at 104 Saulsbury Rd File #: S-21-02 February 24, 2021 Page 2 of 2 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. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 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 . 98

C F S-21-02 Item 4. 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: 02/24/21 D S O H V A E L R APPLICATION: Academy of Dover Charter School at 104 Saulsbury Rd FILE #: S-21-02 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 educational. 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 25% 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. 99

Item 4. 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. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 9. 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 100

Item 4. 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. 10. 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. 11. NFPA 72 compliant 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) 12. 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. 101

Item 4. 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) 13. 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. 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- 102

Item 4. 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) 14. 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) 15. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 16. 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) 17. 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) 18. 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 103

Item 4. 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) 19. 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. 104

Item 4. 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 20. 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. 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. Ensure item # 3 and 14 listed above are in compliance 2. Confirm that there is 15’ between the building and the parking in the front of the building 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. 105

KENT CONSERVATION DISTRICT Item 4. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY February 24, 2021 APPLICATION: Academy of Dover Charter School at 104 Saulsbury Road FILE #: S-21-02 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Katherine Owens PHONE #: 302-608-5370 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 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. A standard plan can be submitted if the limit of disturbance is less than or equal to 1 acre and the curve number for the parcel does not increase by one. Otherwise, this plan will have to be designated as a detailed plan. 2. The review fee and a completed Application for a Detailed/Standard 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. 3. 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. ADVISORY COMMENTS TO THE APPLICANT: A letter of no objection to recordation will be provided upon approval of a Sediment and Stormwater Management Plan. 106

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Academy of Dover Charter School FILE#: S-21-02 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: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Schedule a pre-submittal meeting through DelDOT Subdivisions. 2. At a minimum a Record Plan approval will be required. 107

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Item 5. City of Dover DATA SHEET FOR SITE DEVELOPMENT MASTER PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 3, 2021 PLANNING COMMISSION MEETING March 15, 2021 Plan Title: Three Lots at Secure Storage on Lafferty Lane S-21-03 Plan Type: Site Development Master Plan Applicants: Secure Storage, LLC . Location: North side of Lafferty Lane Address: Unaddressed, 3 parcels on Lafferty Lane adjacent to 640 Lafferty Lane Tax Parcel: Lot 2: ED-05-077.00-01-25.01-000 Lot 3: ED-05-077.00-01-25.02-000 Lot 4: ED-05-077.00-01-25.03-000 Site Area: Lot 2: 2.50 acres +/- Lot 3: 2.50 acres +/- Lot 4: 2.67 acres +/- Total: 7.67 acres +/- Zoning: IPM (Industrial Park Manufacturing) Present/ Proposed Uses: Undeveloped/ Unspecified but likely warehouses Building Floor Area(s): Building 1, Lot 2: 23,600 SF Building 2, Lot 3: 23,600 SF Building 3, Lot 4: 21,400 SF Total: 68,600 SF Off Street Parking: Required – 1 per 800 SF, or 1 per employee (whichever is greater) Proposed – 31 spaces per Building/ Lot (93 total parking spaces) Waiver Requests: Elimination of Sidewalks along Lafferty Lane frontage/ between properties Partial Elimination of Upright Curbing For Consideration: Performance Standards Review Application P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 112

City of Item 5. Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 3, 2021 APPLICATION: Site Development Master Plan: Three Lots at Secure Storage on Lafferty Lane FILE #: S-21-03 REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Julian Swierczek, AICP, Planner I PHONE #: 302.736.7196 I. PLAN SUMMARY This is a Site Development Master Plan Application to permit development of three (3) existing parcels. The parcels are listed as Lots 2, 3, and 4 respectively; with Lot 1 being the main parcel for the Secure Storage Facility. Lot 2 is proposed to contain a Building of 23,600 +/- SF with associated site improvements. Lot 3 is proposed to contain a Building of 23,600 +/-SF with associated site improvements. Lot 4 is proposed to contain a Building of 21,400 +/-SF with associated site improvements. The proposed development area of the three Lots totals 7.67 acres +/- and is zoned IPM (Industrial Park and Manufacturing Zone). The land tracts are located on the north side of Lafferty Lane and east of Bay Road. The owner of record is Secure Storage LLC. Property Addresses: unaddressed but are adjacent to 640 Lafferty Lane. Tax Parcels: ED- 05-077.00-01-25.01-000, ED-05-077.00-01-25.02-000, and ED-05-077.00-01-25.03-000. Council District 2. Previous Applications The overall Secure Storage Site was most recently subject to Site Development Plan Application S-17-06 Secure Storage Revised Site Plan at 640 Lafferty Lane, which received conditional approval from the Planning Commission at its March 2017 meeting. This Application S-17-06 proposed the development of Phases 2 & 3 of the existing mini-storage facility known as Secure Storage at 640 Lafferty Lane (Lot #1). The Site Plan proposed construction of five (5) additional storage buildings in addition to the fourteen (14) existing storage buildings for a total of 19 buildings. The overall Secure Storage Site was originally developed under Site Plan Application S-02-23 Secure Storage and was granted conditional approval by the Planning Commission on August 19, 2002. As part of the plan, a Minor Subdivision subdivided three additional lots (Lots 2-4) directly adjacent to Lafferty Lane now subject to this Site Development Master Plan Application. The property was also part of a Unified Comprehensive Signage Plan US-03-01 Secure Storage Complex that was reviewed May 19, 2003.The Planning Commission approval of the Comprehensive Signage Plan consisted of monument signs and pylon signs to serve the mini- storage facility and the future development of the Lots #2, 3, and 4. 113

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 3 of 12 II. PROJECT DESCRIPTION The Site Development Master Plan proposes the construction of one 1-story building on each of the Lots #2, 3, and 4 and associated site improvements. No specific use for any of the three proposed buildings is identified, as the Applicant has indicated that they do not yet have a specific tenant for any of the buildings yet secured. The properties are currently undeveloped and were originally subdivided under Site Development Application S-02-23 Secure Storage, which was the original submission for initial development of the overall Secure Storage Site. The buildings on both Lots 2 and 3 are currently noted as each having 23,600 SF +/- each, while the Building on Lot 4 is currently shown as being of 21,400 SF +/-. The applicant has indicated that the building design/ layouts may be subject to future revisions to layout/ size depending on a potential tenant’s needs. Each Lot proposes a fenced yard area and separate parking lot. The project is submitted as a Master Plan but has not identified a specific phasing plan. It is noted that for development to commence on any of the three lots, then the properties’ collective access to Lafferty Lane will have to be constructed with the initial phase. Staff notes that the three (3) parcels of land subject to this application are surrounded to the west, north, and east by the property addressed as 640 Lafferty Lane, and otherwise known as Lot #1 of the Secure Storage Site, which is similarly zoned IPM (Industrial Park and Manufacturing Zone) and contains a mini storage facility. Part of the property to the east contains an unmarked cemetery. The property immediately across Lafferty Lane to the south is split-zoned and contains the Manufactured Housing Community called “King’s Cliffe;” however, the section of the parcel immediately across from the subject lots is also zoned IPM and mainly wooded. III. PERFORMANCE STANDARDS REVIEW Uses in the IPM (Industrial Park Manufacturing zone) are subject to the performance standards summarized in Zoning Ordinance, Article 5 §8.1, Article 5 §8.2 and as more specifically outlined in Article 5 §8.5. Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall be used or occupied in any manner so as to cause any one or more of the following conditions to exist and to be dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises: Fire, explosive or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or electromagnetic disturbance; glare, liquid or solid refuse or waste; traffic congestion causing roadways or intersections in the surrounding highway network to fall below acceptable levels of comfort and convenience; or other substance, condition or element (referred to hereinafter as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence. Uses requiring performance standards review procedure. Those uses in the C-3, IPM, IPM2, IPM3, and M zones and uses accessory thereto, which are specified as being subject to performance standards review procedure, are subject to the procedure specified in article 5, section 8.6 in obtaining a site plan approval. The city planner may require other uses, whether existing or proposed and regardless of the particular zoning district, to submit to the performance standards review procedure when there exists reasonable grounds to believe that a proposed use is in violation, or is likely to violate, the performance standards, in which event, the property owner shall comply with [the] performance standards review procedure. 114

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 4 of 12 As part of the Site Plan review process, the Performance Standards Review begins with submission of a Performance Standards Review Application per the specific procedure outlined in Zoning Ordinance, Article 5 §8.6. The Planning Commission may refer the Application to expert consultants for review if deemed necessary. The Planning Commission is charged with determining if the proposed use of the facility conforms to the applicable performance standards. A Performance Standards Review Application has been submitted for review; see Letter from Applicant. IV. ZONING REVIEW Site Development Master Plan The plan for this project is submitted for review under the Site Development Master Plan process (See Zoning Ordinance, Article 10 §2.44 listed below). This process allows for a series of construction phases to be outlined in a Master Plan for Planning Commission review and approval. Prior to each Phase of construction, a Site Plan specific to that phase is submitted for Administrative Site Plan review. This application as a Site Development Master Plan proposes construction of a series of warehouse style buildings for multiple tenants. Article 10, Section 2 2.44 Site development master plans. Conceptual site development master plans shall be reviewed by the planning commission in accordance with the provisions of subsection 2.43. Conceptual site development master plans shall depict a site development proposal that reflects general compliance with the provisions of the zoning ordinance and shall also reflect the following information on the plan: (A) Conceptual master plan. Conceptual master plan shall include the proposed general layout of building, streets, parking, open space, landscape concepts, and stormwater management areas. (1) Detailed site construction plans, details, and specifications are not required as part of a site development master plan submission. (2) The plan shall illustrate distinct phase boundaries for each proposed construction phase and shall depict proposed construction and site improvements planned for each phase. Bulk quantities and area totals for each construction phase, and for the total site, shall be tabulated in a data column on the plan. (3) Each construction phase shall be enumerated in sequential order on the site development master plan according to the order of construction contemplated by the plan. Phases shall be implemented in accordance with the approved site development master plan unless the city planner approves an alternate phasing. (4) Each construction phase represented on the master plan shall be planned and designed to function independent of construction and site improvements contemplated in future construction phases in all respects, including but not limited to bulk area provisions of the zoning district in which the site is located, off-street parking requirements, site entrances, emergency access requirements, site utilities, and stormwater management improvements except where the requirements and needs of a later phase are met and remain met by a previous phase of completed construction. (5) Any special agreements or conditions of approval relative to the overall development that have been specified by regulatory agencies shall be documented on the site development master plan. (B) Phased site plan approval. Individual phased components of the Conceptual Master Plan are to be reviewed and approved as an Administrative Site Plan. Final site construction plans, including detailed site grading, paving, utilities, stormwater management, and tree planting and preservation plans shall be submitted for final approval by the city planner and/or authorized designee, and to other agencies having jurisdiction, on a phase by phase basis in accordance with the approved site development master plan, and all regulations of the City of Dover governing the approval of site plans as set forth in subsection 2.4 and 2.5. 115

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 5 of 12 IPM (Industrial Park and Manufacturing Zone) The IPM zoning district lists the following as permitted, conditionally permitted, and prohibited in the Zoning Ordinance, Article 3 §20: 20.1 Uses permitted. No building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following, and in accordance with performance standards procedure as set forth in article 5, section 8, and subject to site development plan approval as set forth in article 10, section 2: 20.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or any other type of manufacturing or industrial processing of any goods, materials, products, instruments, appliances and devices, provided that the fuel used shall be oil, gas or electricity; together with incidental clinics, cafeterias and recreational facilities for the exclusive use of employees of the concern engaged in such undertaking. 20.12 Research, design, testing and development laboratories. 20.13 Printing, publishing, binding, packaging, storage, warehousing, transshipment and distribution, and trucking terminals. 20.14 Business, professional or administrative offices; banks and financial institutions; hotels, motels and restaurants; public parks, playgrounds, and recreational facilities; and public utility uses, provided that these uses shall only be located upon a thoroughfare, arterial street or access highway with[in] the IPM zone. Retail sales and service establishments within planned industrial parks for local needs and local consumption of the employees and customers of the other permitted uses within the planned industrial park. 20.15 Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations. 20.16 Agricultural or farm uses as defined and permitted in article 3, section 1.11. 20.17 The following uses may be permitted as conditional uses if approved by the planning commission in accordance with the provisions and procedures set forth in article 10, section 1 and any specified requirements set forth below: (a)Associated retail uses in conjunction with and accessory to a permitted use, provided that the associated retail use does not occupy more than 30 percent of the gross floor area of the building or group of buildings on a lot. Parking shall be provided at a rate of one parking space per 300 square feet of retail space for the exclusive use of retail customers in addition to the bulk parking requirements of this zoning district for a particular use. 20.18 Mini-storage facilities, subject to the following regulations: (a) No unit shall be placed within 30 feet of any other structure on the lot or a residential property line. (b) No outside storage [is allowed], except for recreational vehicles, boats or personal automobiles when completely screened from view and parked in specifically approved locations. Parking for these vehicles shall not count toward the required parking set forth in subsection (e) below. (c) No individual unit ma y be used for retail, garage sale or any other commercial activities. (d) No storage of flammable, explosive, corrosive or other hazardous products may occur in the individual unit. (e) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum of three spaces for an office outside of the enclosure. One row of parallel parking is permitted between buildings at a ratio of one space per 25 feet. (f) All other bulk requirements of this ordinance are met. 20.2 Uses prohibited. The following uses are specifically prohibited: 116

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 6 of 12 20.21 Residences, except those existing at the time of adoption of this amendment. 20.22 Manufacturing uses involving primary production of the following products from raw materials: asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials, and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric, and sulphuric acids: coal, coke, and tar products, including gas manufacturing; explosives; fertilizers; glue, and size (animal); linoleum and oil cloth; matches; paint, varnishes, and turpentine; rubber (natural or synthetic); [and] soaps, including fat rendering. 20.23 The following processes: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting, and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, [and] lubricating oil; distillation of wood or bones; [and] reduction and processing of wood pulp and fiber, including papermill operations. 20.24 Operations involving stockyards, slaughterhouses, and slag piles. 20.25 Storage of explosives, [and] bulk or wholesale storage of gasoline above [the] ground. 20.26 Dumps. 20.27 Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory to such uses. 20.28 Junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles. V. SITE CONSIDERATIONS The areas immediately to the rear of each building is shown being fenced off, accessible only via a gate at the end of each parking lot. In the case of Lot 4, an additional drive around the east side of the building to a secondary gate. While subdivided as part of the original Site Plan S-02-23 which established the initial development of the mini-storage facility on the main Lot #1 of Secure Storage, neither that application, nor any subsequent Application as relates to Secure Storage, has developed these three Lots. There are some site improvements related to stormwater management along the rear property lines of the three Lots. The Plans submitted for this review do not show any site connectivity between Lots 2, 3, and 4 with the main Lot #1. Site Access Access to all three properties is shown via a drive that connects to a single access point on Lafferty Lane via Lot 3. This single access point connects to a single two-way access drive connecting to the vehicle parking facilities for each of the three Buildings on their respective individual lots. There is no access shown to Lafferty Lane directly from either Lots 2 or 4. If no direct access is to be provided individually to Lots 2 or 4, a Cross Access Easement will need to be established. The Plans submitted do note a 60-foot wide perpetual cross-access easement across the entirety of Lot 3, connecting to both Lots 2 and 4. Loading Spaces The Zoning Ordinance, Article 5 §4 notes the minimum requirements for loading berths based on type of development/use. Article 5 §4.26 notes the following based on the specific use as a storage facility: For manufacturing, wholesale and storage uses, and for dry cleaning and rug cleaning establishments and laundries, one berth for 5,000 to 10,000 square feet of floor area in 117

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 7 of 12 such uses, and one additional berth for each additional 10,000 square feet of floor area or fraction thereof so used. The Plans submitted currently show one (1) loading space at the rear of each of the three buildings; each loading space measures the required minimum dimensions of 12’ x 60’. As no specific use has been given for any of the three buildings/lots, Planning Staff cannot yet give a specific requirement for loading spaces. However, the Applicant will need to demonstrate that sufficient loading spaces will be provided once each building has an identified tenant/use during the required Administrative Site Plan review process. Dumpster Similar to the Loading Space requirements, the minimum requirements for dumpsters are calculated based on the type of use of a building. As a use is yet to be specified, Planning Staff will assess dumpster requirements once the applicant submits plans for each building for an Administrative Site Plan and subsequent Building Permit review. Waiver Request: Elimination of Sidewalks The plan does not indicate sidewalks along the frontage of Lafferty Lane of any of the three properties. Sidewalks are required along the entire street frontage of a property (Zoning Ordinance, Article 5 §18.1). A sidewalk connection between the street frontage sidewalk and the building on-site must also be provided (Article 5 §18.3). The most recent Site Development Application S-17-06 which received conditional approval by the Planning Commission in March 2017 included an approval of Waiver Request to eliminate the requirement for a sidewalk along the Lafferty Lane frontage of Lot #1. With this new application, the applicant is similarly seeking to eliminate the required sidewalks along the frontage of Lots 2, 3 and 4, and consequently a written waiver request has been submitted for consideration of the Planning Commission for the elimination of sidewalks. This Waiver Request seeks to eliminate both the sidewalks along the Lafferty Lane and on-site linkage sidewalks allowing internal pedestrian access among the three sites. Waiver Request: Partial Elimination of Curbing The parking areas and access drives are required to be curbed (Zoning Ordinance, Article 6 §3.6). The Master Plan does not appear to identify the use of upright curbing for some portions of the perimeter of the parking lots and the east drive aisle on Lot 4. A written waiver request has been submitted for consideration by Planning Staff to allow for the partial elimination of curbing in certain areas. The Request specifically notes the request as pertaining to the requirement for curbing along the perimeter of the parking lots for Lots 2, 3, and 4 respectively. This is stated as being needed so as to accommodate stormwater management (Sheetwater flow). Planning Staff has granted the waiver request from the requirement for upright curbing in the portions necessary to accommodate Stormwater Management. VI. PARKING SUMMARY Parking for uses in the IPM are based on a rate of 1 per 800 SF or 1 per employee, whichever is greater. The Plans submitted show each building having a vehicle parking lot consisting of thirty-one (31) parking spaces, including one (1) handicapped space. As neither a use or subsequent employee count has yet been identified, the parking calculation must be compliant 118

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 8 of 12 with the minimum parking per square footage requirements. Based on the 23,600 SF noted for each building on Lots 2 and 3, they would have a minimum parking requirement of thirty (30) parking spaces each respectively. The building square footage identified for Lot 4 would have a minimum parking space count requirement of twenty-seven (27) parking spaces. As noted, plans submitted identify (31) parking spaces at each building/ Lot which is compliant with Code. Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one for every twenty parking spaces. The number of the parking spaces on each Lot will require two (2) bicycle parking spaces per Lot. The plans do not currently show the location of Bicycle Parking, nor any subsequent details of any Bicycle Parking Facilities to be provided, but the applicant has indicated that they are willing to provide them. VII. TREE PLANTING AND LANDSCAPE PLAN One (1) tree is required for every 3,000 SF of development area. The plans submitted do not note any potential tree planting requirements, landscaping nor areas to be set aside for future tree planting requirements. As the entirety of each lot is planned to be developed the applicant should provide the count of the minimum tree planting requirements for the Lots. Based on the total lot area of 7.67 acres, the development will require 112 trees. However, a specific development area (for tree planting calculations) may be identified as select portions of the properties are encumbered by the implemented stormwater management facility. Specific tree planting locations will be required as part of the Administrative Site Plan review by phase. VIII. UNMARKED CEMETERY Within proximity to Lot 4 but included within the area of Lot 1, there is an existing unmarked cemetery. (Delaware Cultural Resource Survey #K-6397, 7K-D-11) This cemetery was identified during the evaluation of the impacts of the Route 1 and associated road reconstruction process. A formal report of the findings of the archaeological investigations at this site were compiled in the report Final Archaeological Investigations of the Lafferty Lane Cemetery 7K-D-11, State Route 1 Relief Corridor, Dover, Kent County, Delaware. The report reveals the presence of an unmarked private cemetery approximately one-quarter acre in size containing the remains of at least 120 individuals. These investigations were conducted in the Fall of 1988. Research shows that this cemetery was in use from 1760 to 1840. No headstones were found to be in existence, therefore other archaeological techniques and primary source documents (deeds) were utilized to analyze the site. In response to the discovery of this cemetery, the original re-alignment of Lafferty Lane was shifted to avoid the cemetery. The Site Plan delineates an area of approximately 130 ft. by 140 ft. for the cemetery with a 30 foot buffer surrounding it. A thirty (30) foot access easement is provided from Lafferty Lane to the cemetery location. The developer should take preventive measures to ensure construction activities on Lots 2, 3, and 4 do not disturb this area. Construction activities include site utility and grading work, parking, material storage, etc. The Plan indicates a fence dividing the cemetery from the mini-storage facility on Lot 1. Since this fence does not fully surround the cemetery, it is recommended that measures be implemented to protect the cemetery during construction. The area may be protected by fencing, staking, or continuous ribbon that coincides with the known cemetery boundary. If unmarked human remains are discovered during the construction process, construction activity in that area must stop and the process outlined in the Delaware Unmarked Human Remains Law 119

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 9 of 12 followed. In regards to future protection for the cemetery, an access easement for the cemetery has been recorded (per plan notation). 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) Review and Approval of the Performance Standards Review Application is required for the property development in accordance with Zoning Ordinance, Article 5 §8. A Performance Standards Review Application has been made for consideration by the Planning Commission. 2) The Applicant has submitted an Administrative Waiver Request for the requirements of upright curbing. Planning Staff has granted the Administrative Waiver for Upright Curbing around all parking areas and drive aisles where necessary to accommodate Sheetwater Flow. Planning Staff notes that while an initial request has been made in conjunction with this Master Plan submission, additional specific area requests may also be identified with the Administrative Site Plan submissions. 3) Sidewalk is required along the street frontage of Lafferty Lane on all three properties/lots and also sidewalks related to on-site linkages unless a waiver is granted by the Planning Commission. A Waiver Request has been submitted for consideration by the Planning Commission. 4) Bicycle Parking is required at a minimum rate of (1) space per (20) vehicle parking spaces on all three properties. While no bicycle parking facilities have been identified, the applicant has indicated that they will provide them. This will be further evaluated upon submission/ review of any subsequent Administrative Site Plan submission for the development of the specific Lots, as well as any further subsequent Building Permit review. 5) The Site Plan set will need to be updated with any changes recommended or approvals including information on any waivers granted by the Planning Commission. 6) In the Site Data column and on the plan drawings, correct to the tax parcel numbers. Also complete the data listings in the Site Data Column. 7) Identify a location for a dumpster pad(s) on each of the three locations and note any details if a potential dumpster enclosure is required/ to be provided. 8) Note a location to be made available for any potential further loading spaces as may be required per future Administrative Site Development Plan submissions. 9) Please include the Tree Planting/Landscape calculations that notes the minimum tree count likely to be required. The specific planting plan will be required during the Administrative Site Plan. These tree planting locations should be sure not to conflict with any planned underground utilities or other stormwater management facilities. 120

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 10 of 12 10) Since building architecture was not submitted with the Master Plan, it will be required to be submitted for Planning Commission review as part of the Administrative Site Plan. X. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL 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) Performance Standards Review Application: Planning Staff recommends approval of the Performance Standards Review, believing it sufficiently demonstrates the intent to comply with the restriction as provide in Zoning Ordinance, Article 5 Section 8.1 and 8.2. 2) Waiver Requests: a) Elimination of Sidewalks – Street Frontage and On-site Linkage Sidewalks: Street Frontage Sidewalks - Planning Staff recommends approval of the Waiver Request for the requirement of a sidewalk along the Lafferty Lane frontage. Such a waiver was similarly granted for the neighboring Lot 1 in 2017, and no other parcel currently has sidewalk along this western portion of Lafferty Lane. A sidewalk therefore would not be connected to any other pedestrian facilities in the immediate vicinity. However, since Lafferty Lane is a State maintained road, DelDOT may have requirements for sidewalks as part of their Entrance Plan review. On-Site Linkage Sidewalks - Planning Staff does not recommend approval of the Request to eliminate the on-site linkage sidewalks. Staff recommends that the Planning Commission add as a condition of approval, require implementation of an internal sidewalk system between the three lots. As the Applicant themselves has noted, tenants have not yet been identified for the three properties and providing said sidewalks could provide for pedestrian connectivity between potential businesses who are shown to already share vehicular access internal to their sites. Were any of the potential businesses to be in any way connected, it would best to ensure safe pedestrian access between the building. Otherwise pedestrians would be required to walk in non-pavement areas or on the shared entrance drive with potential for conflicts with vehicles. b) Partial Elimination of Curbing: Staff grants approval of the waiver request to relax curbing requirements along parts of the perimeter of the Vehicle Parking Lots on Lots 2, 3, and 4, as well as the drive aisle proposed to the east of the Building proposed on Lot 4. The upright curbing requested to be waived is to facilitate to stormwater management. Therefore, the elimination is appropriate to allow sheet flow of water into these Stormwater Management areas. Parking bumpers may need to be implemented in select locations. 3) The developer should be aware of the cemetery and take preventive measures to ensure construction activities do not disturb this area. Construction activities include site utility and 121

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 11 of 12 grading work, parking, material storage, etc. To protect the cemetery, the area may be protected by fencing, staking, or continuous ribbon that coincides with the known cemetery boundary. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives may be accepted or rejected by the Planning Commission. XI. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the waiver requests as part of any motion to approve this Master Plan, or as a separate motion if necessary. Note: The recommendation for the 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 Master Plan occur in the finalization of the Site Plans contact the Planning Office. Examples include reorientation of the complex/buildings, 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. 3) Following Planning Commission approval of the Site Development Master Plan, the Plan must be revised to document all conditions of approval from the Development Advisory Committee or as otherwise noted. This process involves submission of Check Prints in order to achieve Final Plan approval; the finalization of the Master Plan and the Administrative Site Plan for the initial phase can be achieved together. Then the Site Plan of each construction phase/project area must be submitted for Administrative Site Plan Review by the Planning Office and other agencies. Zoning Ordinance, Article 10 §2.44 (D) sets forth the construction timing in relation to approvals. Article 10 §2.44 (D) Expiration of planning commission approval. For projects which are reviewed and approved by the planning commission as conceptual master plans, approval of the conceptual master plan shall remain valid for a period not to exceed five years from the date of planning commission approval, provided that the authorized construction or use has commenced within two years of approval and is proceeding toward completion. In addition, the time between the completion of one phase and the initiation of the next phase shall not exceed a period of two years. 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 5) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections, Pre-Construction meeting and permits/licenses are required. 6) Construction may have an effect on the nearby properties as this facility is served by a shared entrance. Any work requiring the closing or rerouting of visitors to other properties served by this entrance should be coordinated as to offer the least amount of inconvenience. 122

Item 5. S-21-03 Secure Storage Phases 3 Lots on Lafferty Lane DAC Report of March 3, 2021 Page 12 of 12 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. 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. These properties are the subject of a Unified Comprehensive Signage Plan US-03-01. 9) 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. 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. 123

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Three Lots at Secure Storage on Lafferty Lane: Master Plan FILE #: S-21-03 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER 1. None. STREETS 1. None. SANITATION 1. The City of Dover is able to provide a maximum of two (2), ninety (90) gallon trash containers to commercial customers. Bulk and yard waste collection services are not provided. Based upon the associated use, and to most effectively meet the sanitation needs at this location, it is strongly recommended that a private hauler be utilized to provide trash services. GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. None. 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. 124

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Three Lots at Secure Storage on Lafferty Lane: Master Plan FILE #: S-21-03 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us 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 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 Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater 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 125

Item 5. Three Lots at Secure Storage on Lafferty Lane: Master Plan File #: S-21-03 February 24, 2021 Page 2 of 3 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 Water & Wastewater 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 provide the approved jack and bore plan for the water service to this property. 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 Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. A hydraulic system analysis shall be provided for the proposed grinder pumps including each associated force main. It shall include the calculation of the system-head curves and the use of these curves in conjunction with the characteristic curves of available pumps. This grinder pumps will be privately maintained. 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. 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. No trees may be planted within ten feet (10’) of utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). 126

Item 5. Three Lots at Secure Storage on Lafferty Lane: Master Plan File #: S-21-03 February 24, 2021 Page 3 of 3 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater 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 required to be paid prior to Certificate of Occupancy for this project. 5. A neighboring project has been approved that would extend the existing water main beyond this property. If that project is completed prior to the start of this project, the water main extension will not be required. 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, it may be required to submit the sanitary sewer system plans 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. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project. 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. This project will require a State Utility Permit to be submitted to Delaware Department of Transportation. This application shall be created by the developer. 3. 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 . 127

Item 5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Three Lots at Secure Storage on Lafferty Lane FILE #: S-21-03 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us 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 existing underground electric, communications and water facilities. 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. 128

Item 5. Three Lots at Secure Storage on Lafferty Lane File #: S-21-03 February 24, 2021 Page 2 of 2 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. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 2. Concerns about further restricting access to existing transformer and metering at rear of property. 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 . 129

C F S-21-03 Item 5. 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: 02/24/21 D S O H V A E L R APPLICATION: Three Lots at Secure Storage on Lafferty Lane FILE #: S-21-03 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 Storage (was not listed on the plan, needs to be identified, comments are based off storage occupancy) 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 TBD/50% and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Fire lanes shall cover TBD/25% 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. 130

Item 5. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 9. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 10. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 11. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 12. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 131

Item 5. 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 13. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 14. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 15. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 16. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 132

Item 5. GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 17. NFPA 72 compliant 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) 18. 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 133

Item 5. the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 19. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. 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) 20. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 134

Item 5. 21. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 22. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed. If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate for the storage presented. 23. 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) 24. 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) 25. 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. 135

Item 5. 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) 26. 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. 136

Item 5. 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 27. 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. 28. 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) 29. Project to be completed per approved Site Plan. 30. Full building and fire plan review is required. 31. 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. 32. Construction or renovations cannot be started until building plans are approved. 33. 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. 34. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. An occupancy classification was not listed. These comments are based off a storage occupancy. If the occupancy is not storage, additional comments will apply. 2. Need to know the number of stories to properly address some of the above comments. 3. Ensure item #5 listed above is in compliance 4. Hydrants are not shown (locations can be discussed with the Fire Marshal) 5. Confirm that there is 15’ between the building and the parking 6. If the one access road is greater then 300’ and dead ends, a proper turn around is needed per the Delaware State Fire Prevention Regulations 137

Item 5. 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. 138

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Secure Storage (640 Lafferty Lane) FILE#: S-21-03 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: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Schedule a pre-submittal meeting through DelDOT Subdivisions. 2. A Record Plan and Entrance Plan approval will be required. 139

KENT CONSERVATION DISTRICT Item 5. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY February 24, 2021 APPLICATION: Three Lots at Secure Storage on Lafferty Lane: Master Plan FILE #: S-21-03 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Katherine Owens PHONE #: 302-608-5370 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: 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. An approved sediment and stormwater plan will expire August 11, 2022. Construction inspection fees based on the developed area and stormwater maintenance inspection fees are due prior to the start of construction. 2. Any revisions to the approved plan require approval. If revisions have been made, please submit the revised plan with a re-review fee to Kent Conservation District for approval prior to start of construction. 140

Item 5. March 4, 2021 Mrs. Dawn Melson-Williams, AICP City of Dover PLANNING OUR Department of Planning and Inspections CLIENTS’ SUCCESS P.O. Box 475 Dover, DE 19903-0475 RE: Performance Standard Review Application LOTS 2, 3, AND 4, LAFFERTY LANE Dover, Delaware 2005019.11 Dear Mrs. Melson-Williams: On behalf of our client, Secure Storage LLC, we are hereby submitting a Performance Standard Review Application as a supplement to the Application for Site Development Master Plan Approval for the above-referenced project. This is submitted for consideration at the march 15, 2021 Planning Commission meeting. This project proposes the phased construction of three different buildings on three different parcels of land known as lots 2, 3, and 4 of Secure Storage. We have not separated the structures as they intent is that all three structures are being marketed with the same general use. Per you request, responses to the Performance Standards for the structures is provided below. OFFICE BUILDING Section 8.51 - Fire and Explosion hazards: The proposed buildings will be sprinklered in accordance with the Delaware State Fire Prevention Regulations. It will not contain any hazardous or explosive materials. Section 8.52 - Radioactivity or Electromagnetic Disturbance: Not Applicable. The proposed BECKER MORGAN GROUP, INC. buildings will not contain nor produce radioactivity or electromagnetic disturbance. A RCHITECTURE & E NGINEERING Section 8.53 - Noise: Not Applicable - The proposed buildings will not generate any noise beyond 309 SOUTH GOVERNORS AVENUE that which is consistent with a warehousing and distribution use. DOVER, DELAWARE 19904 302.734.7950 FAX 302.734.7965 Section 8.54 - Vibration: Not Applicable - The proposed buildings will not generate any vibrations. RITTENHOUSE STATION 250 SOUTH MAIN STREET, SUITE 109 NEWARK, DELAWARE 19711 Section 8.55 - Smoke: Not Applicable - The proposed buildings are not intended for 302.369.3700 manufacturing and will not generate smoke as part of their operation. PORT EXCHANGE 312 WEST MAIN STREET, SUITE 300 Section 8.56 – Odors: Not Applicable - The proposed buildings will not generate odorous gases or SALISBURY, MARYLAND 21801 other offensive odorous matter. 410.546.9100 FAX 410.546.5824 Section 8.57 – Fly Ash, Dust, Fumes, Gases, and other forms of Air Pollution: Not Applicable - A RCHITECTURE & PLANNING The proposed building will not generate any of the aforementioned forms of air pollution. 3205 RANDALL PARKWAY, SUITE 211 Section 8.58 - Glare: The proposed lighting for the building, parking areas and gravel lots will WILMINGTON, NORTH CAROLINA 28403 910.341.7600 meet City of Dover lighting requirements. FAX 910.341.7506 Section 8.59 – Liquid or Solid Wastes: No liquid or solid wastes will be discharged to the public www.beckermorgan.com 141

Item 5. April 7, 2016 CHESAPEAKE UTILITIES / DOVER CAMPUS Page 2 of 2 sewer other than normal sanitary sewage from the offices within each building. Section 8.60 – Traffic Congestion: Not Applicable – The three proposed sites have been condensed into one entrance and Exit for the project. This entrance enters onto a road controlled by DelDOT. Entrance improvements will be designed, if needed to meet DelDOT minimum standards to account for any increased traffic. We believe this addresses the requirements for the Performance Standard Review Application. Please attach this application to our Application for Site Development Plan Approval scheduled for review by the Planning Commission and contact me with any questions. Sincerely, BECKER MORGAN GROUP, INC. Jonathan N. H. Street Associate JNS/rlh Cc: Joseph Petroski 2002127.04ag-Perf-Rev-ltr.docx 142

Item 5. WAIVER REQUEST LAFFERTY LANE LOTS 2, 3, & 4 CURBING REQUIREMENTS PLANNING OUR CLIENTS’ SUCCESS REQUEST: A waiver is requested to eliminate the portion of upright curbing from the perimeter parking areas of lots 2, 3, & 4 of Lafferty Lane. EXTENT OF THE REQUEST: By code, all permanent parking areas shall be enclosed with upright concrete curbing at least six (6) inches in height. We are requesting a waiver to eliminate portions of upright curbing in portions of the parking areas to allow for the sheet flow of runoff into conveyance swales and ultimately to the site stormwater management system to the rear of the property. Overland sheet flow is a more natural way for runoff to be conveyed to the stormwater system rather than concentrating in the runoff to a certain point, like with a pipe. Removal of the curb from the downstream sections of the parking areas allows the runoff to be conveyed over the paved surfaces to swales which run between the lots. These swales will discharge to the site stormwater management system in a less impactful manor than if they were concentrated in a closed pipe system. BASIS FOR REQUEST: 1. Article 6, section 3.6 (b) of the City of Dover zoning standards states that the Planning Commission may BECKER MORGAN GROUP, INC. relax this requirement for a portion of a parking area when there is a demonstrated need to convey A RCHITECTURE & E NGINEERING stormwater to a proposed or approved stormwater 309 SOUTH GOVERNORS AVENUE management area. DOVER, DELAWARE 19904 302.734.7950 2. Conveyance swales are planned and designed for FAX 302.734.7965 stormwater qualitative and quantitative control. The RITTENHOUSE STATION conveyance swales require sheet flow in order to 250 SOUTH MAIN STREET, SUITE 109 properly provide quality non erosive treatment prior NEWARK, DELAWARE 19711 to discharging to the stormwater management areas 302.369.3700 to the rear. Provideing curbing would only aim to PORT EXCHANGE concentrate the runoff to certain point along the 312 WEST MAIN STREET, SUITE 300 swales sideslopes, leaving open the opportunity for SALISBURY, MARYLAND 21801 410.546.9100 erosive discharge. FAX 410.546.5824 A RCHITECTURE & PLANNING 3205 RANDALL PARKWAY, SUITE 211 200212704ac-Curb-waiver-COD1-ltr.docx WILMINGTON, NORTH CAROLINA 28403 910.341.7600 FAX 910.341.7506 www.beckermorgan.com 143

Item 5. WAIVER REQUEST LAFFERTY LANE, LOTS 2, 3, AND 4 SIDEWALK REQUIREMENTS PLANNING OUR CLIENTS’ SUCCESS REQUEST: We request elimination of the sidewalk installation requirements for the frontage of the site due to the nature of use and location of the site. EXTENT OF THE REQUEST: On-site linkages. Within all nonresidential developments…, sidewalk at least five feet wide, constructed of concrete or good paving brick laid substantially in concrete, shall be installed to make pathways between street frontages, parking areas, building entrances, and any other site features needing pedestrian access. Such pathways shall be designed to provide reasonable travel times between these features and disincentivize taking shortcuts across areas inappropriate for pedestrians. Where such pathways must cross drive lanes, standard City of Dover crosswalk shall be installed. As this project proposes three individually occupied distribution and warehousing type businesses, end users not yet formalized, cross pedestrian access between the parcels is not anticipated as BECKER MORGAN GROUP, INC. these are not the types of businesses that are A RCHITECTURE & E NGINEERING projected to generate any pedestrian traffic between them. 309 SOUTH GOVERNORS AVENUE DOVER, DELAWARE 19904 302.734.7950 BASIS FOR REQUEST: As part of this site plan application, we are FAX 302.734.7965 requesting a waiver from the above referenced RITTENHOUSE STATION sidewalk requirement in accordance with the 250 SOUTH MAIN STREET, SUITE 109 NEWARK, DELAWARE 19711 City of Dover Code, Article 5, 18.4 When 302.369.3700 considering a request for modification or PORT EXCHANGE waiver, the planning commission shall 312 WEST MAIN STREET, SUITE 300 determine whether or not an undue hardship SALISBURY, MARYLAND 21801 410.546.9100 exists, based on a finding that one or more of FAX 410.546.5824 the following criteria have been met: A RCHITECTURE & PLANNING The property is isolated with respect to 3205 RANDALL PARKWAY, SUITE 211 WILMINGTON, NORTH CAROLINA 28403 sidewalks, with no existing sidewalk within the 910.341.7600 immediate vicinity of the property. The site is FAX 910.341.7506 located along Lafferty Lane approximately 850 www.beckermorgan.com feet from South Bay Road. There are no 144

Item 5. May 5, 2015 Page 2 of 2 sidewalks currently along Lafferty Lane but for an isolated section of sidewalk 3200 lf to the west. The nearest sidewalk along Bay Road is located more than a half mile away on the opposite side of the Highway. The proposed use would not generate or attract additional pedestrian trips. A warehousing type distribution facility is by nature a facility that is driven to and is not pedestrian oriented in any way. Additionally, this site was granted a waiver of the frontage sidewalk under the original Site Plan approval in 2003 and once again in 2005. 200212704af-sidewalk-waiver.docx 145

24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 Item 5. 24x36 24x36 -02 83 -110 DOT 24x36 DEL 24x36 N 24x36 24x36 24x36 ARCH I T E C TURE 24x36 ENG I NE E R I NG 24x36 Dover, DE 24x36 X 309 S. Governors Ave. 24" RCP 24" RCP Dover, DE 19904 INV. = 25.26' INV. = 23.50' X Ph. 302.734.7950 24x36 Fax 302.734.7965 24x36 60' WIDE DRAINAGE EASEMENT P.B.: 67 PG.: 89 X Salisbury, MD 24x36 X X N 90° X 00'X 00" EX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X681.80' X X X X 312 West Main St. Suite 300 24x36 Salisbury, MD 21801 X 27 EXISTING Ph. 410.546.9100 26 36" RCP (2) 24 CEMETERY Fax 410.546.5824 24x36 25 INV. = 22.57' 24x36 X Wilmington, NC 484.00' 484.00' 484.00' S 1° 31' 33" E 28 EXISTING DRAINAGE SWALE 29 30 3333 Jaeckle Drive, Suite 120 X 31 24x36 Wilmington, North Carolina 28403 24x36 40' B.R.L. 40' B.R.L. 24 40' B.R.L. Ph. 910.341.7600 X 25 26 Fax 910.341.7506 24x36 X www.beckermorgan.com 24x36 X 20' WIDE UTILITY EASEMENT 97.77' P.B.: 132 PG.: 85 PROPOSED FENCE PROPOSED FENCE 24x36 24x36 X X PROPOSED FENCE 24x36 25 24x36 EX. MINI-STORAGE BUILDING #2 X EX. MINI-STORAGE BUILDING #3 S 4° 21' 43" E 24x36 X 24x36 X 0.65 ACRE 0.67 ACRE 0.79 ACRE 40' B.R.L. 36" RCP (2) 24x36 INV. = 22.15' 24x36 4,800 S.F. ± (F.F. ELEV. = 35.20') X FENCED YARD FENCED YARD FENCED YARD EXISTING DRAINAGE SWALE 5,400 S.F. ± (F.F. ELEV. = 34.70') 40' B.R.L. 40' B.R.L. 40' B.R.L. 40' B.R.L. X 24x36 24x36 22 X 24x36 X LOADING ZONE LOADING ZONE 24x36 12' X 60' 12' X 60' 26 22 X 25 24x36 LOADING ZONE 24x36 X 12' X 60' 24 X 23 24x36 24x36 X 30' 14"x23" RCP 24x36 INV. = 30.65' X 24x36 X 18' 24' 18' 18' 24' 18' 18' 24' 18' EXISTING STORMWATER MANAGEMENT POND 26 25 24x36 24x36 FCM X 24 40' B.R.L. LOAD ING 32 23,600 SQ.FT. +/- 9' 23,600 SQ.FT. +/- 9' 9' 21,400 SQ.FT. +/- 23 ZONE X 24x36 32 32 PRE-ENGINEERED PRE-ENGINEERED 24x36 EX. 8"W 31 PRE-ENGINEERED PROJECT TITLE X BUILDING 31 BUILDING BUILDING 31 LANDS OF (100 X 220) (100 X 220) (110 X 180) SECURE 24x36 X 24' 24x36 31 31 31 EX. M INI- X 24x36 OFFIC STORAG E BU E WIT STORAGE, LLC 24x36 DRIV X H 6,600 ILDING #1 LAFFERTY LANE EWA F.F. E S .F. ± X LEV. DOVER Y 24x36 24x36 30 28 = 35.6 65' R NO. 1 5' KENT COUNTY, DELAWARE X 27 /W 24x36 24x36 X 29 346.87' X W.M. 24x36 W W.V. 25 24x36 . 29 EX. 6 "W X 60' B.R.L " 60' B.R.L. W.M. 60' B.R.L. W.M. EX. 1 8" W X X N 0° 00' 00" E N 0° 00' 00" E N 0° 00' 00" E X W.V. W.V. 24x36 EX. GRINDER PUMP 24x36 RIM EL.: 34.00' 28 27 8" W 8" W 4" INVERT IN: 30.85'± FCM 1-1/4" INV. OUT: 31.30'± 50' WIDE PERPETUAL CROSS 20' 30' ACCESS EASEMENT SHEET TITLE 24x36 10' WIDE UTILITY EASEMENT P.B.: 67 PG.: 89 0 24x36 P.B.: 67 PG.: 89 EX. 10"W EX. 8"W 31 EX. 8"W W.V. 8" W W.V. 8" W FCM 0 SITE AND UTILITY N 90° 00' 00" E RIGHT OF WAY LINE 716.27' 24x36 EX. 2-1/2" F.M. 2-1/2" F.M. 2-1/2" F.M. W.V. W.V. 2-1/2" F.M. PLAN 24x36 30 29 29 30 28 27 27 . 30 29 24x36 32 31 30 29 28 . 24x36 31 24x36 LAFFERTY LANE 41' 100' LAFFERTY LANE MINOR COLLECTOR 30 24x36 MINOR COLLECTOR 100' R/W 24x36 100' R/W 32 0 20 40 80 24x36 24x36 SCALE : 1" = 40' 24x36 24x36 MERLIN LANE 24x36 KING'S CLIFFE MOBILE HOME ISSUE BLOCK PARK ENTRANCE 24x36 24x36 24x36 24x36 24x36 24x36 . . . . 24x36 24x36 MARK DATE DESCRIPTION LAYER STATE: C-201 PROJECT NO.: 2002127.04 24x36 24x36 DATE: 02/05/2021 SCALE: 1" = 40' DRAWN BY: J.N.S. PROJ. MGR.: G.V.M. 24x36 24x36 SHEET 24x36 C-201 COPYRIGHT 2019 24x36 146 F:\AutoCAD\Projects\2002\2002127-04\2002127.04-SITE-C3D18.dwg, Feb 05, 2021 - 2:53pm .PDF 24x36 24x36 2021-02-05 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36

Item 5. March 4, 2021 Mrs. Dawn Melson-Williams, AICP City of Dover PLANNING OUR Department of Planning and Inspections CLIENTS’ SUCCESS P.O. Box 475 Dover, DE 19903-0475 RE: Performance Standard Review Application LOTS 2, 3, AND 4, LAFFERTY LANE Dover, Delaware 2005019.11 Dear Mrs. Melson-Williams: On behalf of our client, Secure Storage LLC, we are hereby submitting a Performance Standard Review Application as a supplement to the Application for Site Development Master Plan Approval for the above-referenced project. This is submitted for consideration at the march 15, 2021 Planning Commission meeting. This project proposes the phased construction of three different buildings on three different parcels of land known as lots 2, 3, and 4 of Secure Storage. We have not separated the structures as they intent is that all three structures are being marketed with the same general use. Per you request, responses to the Performance Standards for the structures is provided below. OFFICE BUILDING Section 8.51 - Fire and Explosion hazards: The proposed buildings will be sprinklered in accordance with the Delaware State Fire Prevention Regulations. It will not contain any hazardous or explosive materials. Section 8.52 - Radioactivity or Electromagnetic Disturbance: Not Applicable. The proposed BECKER MORGAN GROUP, INC. buildings will not contain nor produce radioactivity or electromagnetic disturbance. A RCHITECTURE & E NGINEERING Section 8.53 - Noise: Not Applicable - The proposed buildings will not generate any noise beyond 309 SOUTH GOVERNORS AVENUE that which is consistent with a warehousing and distribution use. DOVER, DELAWARE 19904 302.734.7950 FAX 302.734.7965 Section 8.54 - Vibration: Not Applicable - The proposed buildings will not generate any vibrations. RITTENHOUSE STATION 250 SOUTH MAIN STREET, SUITE 109 NEWARK, DELAWARE 19711 Section 8.55 - Smoke: Not Applicable - The proposed buildings are not intended for 302.369.3700 manufacturing and will not generate smoke as part of their operation. PORT EXCHANGE 312 WEST MAIN STREET, SUITE 300 Section 8.56 – Odors: Not Applicable - The proposed buildings will not generate odorous gases or SALISBURY, MARYLAND 21801 other offensive odorous matter. 410.546.9100 FAX 410.546.5824 Section 8.57 – Fly Ash, Dust, Fumes, Gases, and other forms of Air Pollution: Not Applicable - A RCHITECTURE & PLANNING The proposed building will not generate any of the aforementioned forms of air pollution. 3205 RANDALL PARKWAY, SUITE 211 Section 8.58 - Glare: The proposed lighting for the building, parking areas and gravel lots will WILMINGTON, NORTH CAROLINA 28403 910.341.7600 meet City of Dover lighting requirements. FAX 910.341.7506 Section 8.59 – Liquid or Solid Wastes: No liquid or solid wastes will be discharged to the public www.beckermorgan.com 147

Item 5. April 7, 2016 CHESAPEAKE UTILITIES / DOVER CAMPUS Page 2 of 2 sewer other than normal sanitary sewage from the offices within each building. Section 8.60 – Traffic Congestion: Not Applicable – The three proposed sites have been condensed into one entrance and Exit for the project. This entrance enters onto a road controlled by DelDOT. Entrance improvements will be designed, if needed to meet DelDOT minimum standards to account for any increased traffic. We believe this addresses the requirements for the Performance Standard Review Application. Please attach this application to our Application for Site Development Plan Approval scheduled for review by the Planning Commission and contact me with any questions. Sincerely, BECKER MORGAN GROUP, INC. Jonathan N. H. Street Associate JNS/rlh Cc: Joseph Petroski 2002127.04ag-Perf-Rev-ltr.docx 148

Item 5. WAIVER REQUEST LAFFERTY LANE LOTS 2, 3, & 4 CURBING REQUIREMENTS PLANNING OUR CLIENTS’ SUCCESS REQUEST: A waiver is requested to eliminate the portion of upright curbing from the perimeter parking areas of lots 2, 3, & 4 of Lafferty Lane. EXTENT OF THE REQUEST: By code, all permanent parking areas shall be enclosed with upright concrete curbing at least six (6) inches in height. We are requesting a waiver to eliminate portions of upright curbing in portions of the parking areas to allow for the sheet flow of runoff into conveyance swales and ultimately to the site stormwater management system to the rear of the property. Overland sheet flow is a more natural way for runoff to be conveyed to the stormwater system rather than concentrating in the runoff to a certain point, like with a pipe. Removal of the curb from the downstream sections of the parking areas allows the runoff to be conveyed over the paved surfaces to swales which run between the lots. These swales will discharge to the site stormwater management system in a less impactful manor than if they were concentrated in a closed pipe system. BASIS FOR REQUEST: 1. Article 6, section 3.6 (b) of the City of Dover zoning standards states that the Planning Commission may BECKER MORGAN GROUP, INC. relax this requirement for a portion of a parking area when there is a demonstrated need to convey A RCHITECTURE & E NGINEERING stormwater to a proposed or approved stormwater 309 SOUTH GOVERNORS AVENUE management area. DOVER, DELAWARE 19904 302.734.7950 2. Conveyance swales are planned and designed for FAX 302.734.7965 stormwater qualitative and quantitative control. The RITTENHOUSE STATION conveyance swales require sheet flow in order to 250 SOUTH MAIN STREET, SUITE 109 properly provide quality non erosive treatment prior NEWARK, DELAWARE 19711 to discharging to the stormwater management areas 302.369.3700 to the rear. Provideing curbing would only aim to PORT EXCHANGE concentrate the runoff to certain point along the 312 WEST MAIN STREET, SUITE 300 swales sideslopes, leaving open the opportunity for SALISBURY, MARYLAND 21801 410.546.9100 erosive discharge. FAX 410.546.5824 A RCHITECTURE & PLANNING 3205 RANDALL PARKWAY, SUITE 211 200212704ac-Curb-waiver-COD1-ltr.docx WILMINGTON, NORTH CAROLINA 28403 910.341.7600 FAX 910.341.7506 www.beckermorgan.com 149

Item 5. WAIVER REQUEST LAFFERTY LANE, LOTS 2, 3, AND 4 SIDEWALK REQUIREMENTS PLANNING OUR CLIENTS’ SUCCESS REQUEST: We request elimination of the sidewalk installation requirements for the frontage of the site due to the nature of use and location of the site. EXTENT OF THE REQUEST: On-site linkages. Within all nonresidential developments…, sidewalk at least five feet wide, constructed of concrete or good paving brick laid substantially in concrete, shall be installed to make pathways between street frontages, parking areas, building entrances, and any other site features needing pedestrian access. Such pathways shall be designed to provide reasonable travel times between these features and disincentivize taking shortcuts across areas inappropriate for pedestrians. Where such pathways must cross drive lanes, standard City of Dover crosswalk shall be installed. As this project proposes three individually occupied distribution and warehousing type businesses, end users not yet formalized, cross pedestrian access between the parcels is not anticipated as BECKER MORGAN GROUP, INC. these are not the types of businesses that are A RCHITECTURE & E NGINEERING projected to generate any pedestrian traffic between them. 309 SOUTH GOVERNORS AVENUE DOVER, DELAWARE 19904 302.734.7950 BASIS FOR REQUEST: As part of this site plan application, we are FAX 302.734.7965 requesting a waiver from the above referenced RITTENHOUSE STATION sidewalk requirement in accordance with the 250 SOUTH MAIN STREET, SUITE 109 NEWARK, DELAWARE 19711 City of Dover Code, Article 5, 18.4 When 302.369.3700 considering a request for modification or PORT EXCHANGE waiver, the planning commission shall 312 WEST MAIN STREET, SUITE 300 determine whether or not an undue hardship SALISBURY, MARYLAND 21801 410.546.9100 exists, based on a finding that one or more of FAX 410.546.5824 the following criteria have been met: A RCHITECTURE & PLANNING The property is isolated with respect to 3205 RANDALL PARKWAY, SUITE 211 WILMINGTON, NORTH CAROLINA 28403 sidewalks, with no existing sidewalk within the 910.341.7600 immediate vicinity of the property. The site is FAX 910.341.7506 located along Lafferty Lane approximately 850 www.beckermorgan.com feet from South Bay Road. There are no 150

Item 5. May 5, 2015 Page 2 of 2 sidewalks currently along Lafferty Lane but for an isolated section of sidewalk 3200 lf to the west. The nearest sidewalk along Bay Road is located more than a half mile away on the opposite side of the Highway. The proposed use would not generate or attract additional pedestrian trips. A warehousing type distribution facility is by nature a facility that is driven to and is not pedestrian oriented in any way. Additionally, this site was granted a waiver of the frontage sidewalk under the original Site Plan approval in 2003 and once again in 2005. 200212704af-sidewalk-waiver.docx 151

Item 6. City of Dover DATA SHEET FOR MINOR SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 3, 2021 PLANNING COMMISSION MEETING OF March 15, 2021 Plan Title: Lands of Bayroadcap, LLC at 600 Bay Road, SB-21-01 Plan Type: Minor Subdivision Plan Associated Plans: Bay Road Commercial at 560 & 600 Bay Road, S-17-20 DSP Administration Building Updated to Bay Road Commercial, S-19-20 Landing Square (Condition Use Plan for Apartments), C-20-02 Landing Square Commercial Building; Phase 2 Revised (Site Plan), C-20-02 Applicant/Owner: Bayroadcap, LLC Property Location: West side of Bay Road near its intersection with Blue Hen Boulevard and the Bay Road Plaza entrance drive Property Address: 600 Bay Road Tax Parcel: ED-05-077.00-01-09.00-000 Existing Parcel Area: 12.49 acres +/- Parcels to be Created: Lot 1: 4.95 acres +/- Lot 2: 7.99 acres +/- Zoning: C-4 (Highway Commercial Zone) Subdivision Waiver Request: Elimination of Requirement for Lot Frontage on a Public Street P. O. Box 475 Dover, DE 19903 152 Community Excellence Through Quality Service

Item 6. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 3, 2021 APPLICATION: Minor Subdivision Plan for Lands of Bayroadcap, LLC at 600 Bay Road FILE #: SB-21-01 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is the review of a proposed Minor Subdivision Plan to subdivide the Bay Road Commercial property consisting of 12.94 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 is to be 4.95 acres+/- and encompass the western portion of the property developed with Phase 1: Building, stormwater management facility, and parking area. Lot 1 does not have frontage on Bay Road. Lot 2 is to be 7.99 acres+/- and encompass the eastern residual portion of the property with frontage on Bay Road. The subject property is located on the west side of Bay Road near its intersection with Blue Hen Boulevard and the Bay Court Plaza entrance drive. The property is zoned C-4 (Highway Commercial Zone). The owner of record is BAYROADCAP, LLC. Property Address: 600 Bay Road. Tax Parcel Number: ED-05-077.00-01-09.00-000. Council District 2. Previous Application Reviews and Plan Approvals The property has been the subject of several applications for site development; the most recent applications are noted as follows. Regarding the development of the Lot 1 area, Site Plan Application S-19-20 Delaware State Police Building Update at Bay Road Commercial was approved by the Planning Commission in September 2019 and received Final Plan Approval on March 6, 2020; the Plan superseded Application S-17-20 Bay Road Commercial previously approved by the Planning Commission in July 2017 with Final Plan Approval of July 23, 2019. The Office Building and associated site improvements are almost complete as it has a Temporary Certificate of Occupancy issued in early 2021. For the pending commercial development of the Lot 2 area with an Office Building and 2 Restaurants, Site Plan Application C-20-02 Landing Square: Revised Phase 2 Area was approved by the Planning Commission on August 17, 2020 and achieving Final Plan approval on February 25, 2021. A proposal for development of an Apartment Building in the Lot 2 area reviewed as Conditional Use Site Plan C-20-02 was denied by the Planning Commission in July 2020. III. PROJECT DESCRIPTION – Minor Subdivision This Minor Subdivision Plan proposes to subdivide the commercial property into two lots. See the following Table for summary of the lots. 153

Item 6. SB-21-01 Minor Subdivision Plan for Lands of Bayroadcap, LLC at 600 Bay Road DAC Report of March 3, 2021 Page 2 Site Proposed Acreage Building/Area Use Lot 1 4.95 acres Phase 1 Area: Existing Office Building recently constructed under Site Plan S-19-20 Lot 2 7.99 acres Phase 2 Area: Vacant land with vacant building (to be demolished) that is proposed for development of as an Office Building and 2 Restaurants with Site Plan C-20-02 Revised TOTAL 12.94 acres The procedures for subdivision of land are found in the Land Subdivision Regulations. Planning Staff confirms this application as a Minor Subdivision. Therefore, the Planning Commission may find the application is subject to one public hearing and review for action by the Planning Commission followed by the administrative process to complete the Final Plat for recordation. In order to subdivide the property, the plan review must ensure that the subdivision does not create any non-conformities with the bulk standards of the Zoning Ordinance. These bulk standards include minimum lot size, front yard setbacks, side yard setbacks, rear yard setbacks, floor area ratio, etc. See discussion below under Zoning Review. Subdivision Waiver Requested: Creation of Lot without Frontage on a Public Street As proposed, the Minor Subdivision Plan would create a lot (Lot 1) without frontage on a public street. In the Subdivision Waiver Request submitted by the applicant, the applicant discusses the provisions for access to Lot 1 via an existing easement. While the proposed Lot 2 has frontage on Bay Road, Lot 1 does not have frontage on a public street. Lot 1 does have frontage along the privately maintained entrance drive (Bay Court Plaza Entrance Drive) located on the adjacent property to the south. This entrance drive is subject to easement provisions granted access to several adjacent properties. The purpose of the requirement for frontage on a public street is to ensure access to lots created. According to the Land Subdivision Regulations, Article VI. Subdivision General Requirements and Design Standards, Section E. Lots: All lots in a subdivision shall have frontage on a public street. According to the Land Subdivision Regulations, Article VII. Special Provisions, Section A. Variance and Waiver: 1. Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commission may recommend to the city council, and the city council may vary or waive said requirements, provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. In varying or waiving certain requirements, the council may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived. 154

Item 6. SB-21-01 Minor Subdivision Plan for Lands of Bayroadcap, LLC at 600 Bay Road DAC Report of March 3, 2021 Page 3 IV. ZONING REVIEW C-4 Zoning District The property is zoned C-4 (Highway Commercial Zone) and subject to the regulations of Zoning Ordinance, Article 3 Section 16 and Article 4 Section 4.15. The following table highlights some of the lot design standards for the C-4 (Highway Commercial Zone). Minimum Required C-4 Lot Width (ft.) 150 Lot Depth (ft.) 150 Front Yard Setback (ft.) 20 Side Yard Setback (ft.) 15 Rear Yard Setback (ft.) 10 or equal to bldg. height Side or rear yards which adjoin a residence zone (ft.) 30 Off-Street Parking Spaces Per 300 sq. ft. floor area or 1 Per employee (whichever is greater) 1 Maximum Permitted: Building Height: Stories 6 Feet 75 Floor Area Ratio 4.0 Lot Coverage 75% The Plan submission includes a Sheet Exhibit: Impervious Exhibit that generally depicts the current site improvements (parking lot and stormwater management facility) and the Office Building located on Lot 1 as the Phase 1 development completed under S-19-20. With the location of the proposed property line between Lot 1 and Lot 2, compliance with the setbacks from the property lines is confirmed for this existing Office Building. The placements of any buildings on Lot 2 must also comply with these setbacks; this must be confirmed. The new property line proposed will serve as the property line for the front yard setback on Lot 1 and serve as the rear property line (for the rear yard setback) on Lot 2. Also, the existing Lot Coverage of Lot 1 is listed as 74% which complies with the maximum allowed of 75%. This subdivision of land and any future development or use of the parcels are subject to the requirements found in the City of Dover Zoning Ordinance, Article 3 §16 and referenced sections outlined in the permitted uses for the C-4 Zone. V. SITE CONSIDERATIONS Site Access There are multiple entrances proposed to the overall property site: a right-in/right-out on Bay Road and three access/exit points off the Bay Court Plaza entrance drive which intersects with Bay Road at a signalized intersection of Bay Road and Blue Hen Boulevard (to the east). Lot 1 has two direct access/exit points off the Bay Court Plaza entrance drive; one enters the parking lot area and one that serves the area west of the Office Building. The other two entrances (one 155

Item 6. SB-21-01 Minor Subdivision Plan for Lands of Bayroadcap, LLC at 600 Bay Road DAC Report of March 3, 2021 Page 4 from Bay Road and the eastern access/exit point off the Bay Court Plaza entrance drive) serve the Lot 2 area and through potential parking circulation drives will also allow access to Lot 1. On the proposed Lot 2 area, the Plan continues to identify the cross-access interconnections to a neighboring parcel to the north (550 Bay Road) and to the adjacent parcel on Bay Road (580 Bay Road surrounded by the subject site and owned by The Law Office of Karen Y. Vicks). Parking The parking requirement for C-4 (Highway Commercial Zone) is based on a rate of one parking space per 300 square feet of floor area and/or based on an alternative parking rate for a specific use. The approved Site Plans (S-19-20 and C-20-02) for the overall property depict vehicle and bicycle parking spaces on both proposed Lot 1 and Lot 2. Sidewalk Zoning Ordinance, Article 5 §18 requires the installation of sidewalks along the public street frontage of a property whenever such property involves a development proposal which is subject to Planning Commission review and approval. For the lands involved in this Minor Subdivision Plan, there are existing sidewalks along portions of the Bay Court Plaza entrance drive and a proposed multi-use pathway along the Bay Road frontage of Lot 2 as identified on Site Development Plans. VI. TREE AND LANDSCAPE PLANTING When site development of the individual parcels (Lots 1 and 2) occurs, the development will be required to meet the provisions for Landscape Guidelines and Tree Planting and Preservation. These tree planting and landscaping requirements are subject principally to the regulations found in Zoning Ordinance, Article 5 Sections 15 and 16 and are also addressed in other various sections of code related to buffering, screening, and open space. There are existing tree plantings that have already occurred with the development of the Phase 1 area (proposed Lot 1) including partial implementation of an approved Tree Mitigation Plan which plants trees on the adjacent property to the south. VII. CITY AND STATE CODE REQUIREMENTS The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Sheet 1, in the Data Column: a. Item 9: Update listing of acreage for Lot 1 and Lot 2 to match depicted labeling on the plan drawing. b. Confirm total lot size of property as data column lists 12.94 acres and plan drawing lists 12.6746 acres. Update data column and plan drawing as necessary. c. Item 11: List maximum lot coverage as 75%. d. Item 18: Update proposed uses. 2) Sheet 1, General Notes: a. Clarify General Notes Items #6 and #7 as it references the previously consolidated Tax Parcels 9.00 and 10.00 that were combined (and recorded) associated with Site 156

Item 6. SB-21-01 Minor Subdivision Plan for Lands of Bayroadcap, LLC at 600 Bay Road DAC Report of March 3, 2021 Page 5 Plan S-17-20 that make up the subject property. New notes regarding cross access easements regarding Lot 1 and Lot 2 must be added. b. List reference for previous Record Plat associated with S-17-20 that is being superseded. 3) Sheet 1: On the plan drawing complete the following corrections (and also as depicted on Exhibit Sheet): a. Add name/title of signer on behalf of property owner. b. Update ownership of Lands of B&B Delaware Investments LLC. c. Remove pavement and fencing depicted on adjacent property to the north of Bay Road One, LLC. Remove power pole label and tie line. d. Clarify if variable width Permanent Easement along Bay Road has already been recorded and depict if it will remain with this plan. e. Clarify the existing (recorded) cross access easements on the Lot 2 area. f. Correct the tax parcel number label on the drawing to be ED-05-077.00-01-09.00-000 for the current overall parcel. g. Ensure the front yard setback for Lot 1 and the rear yard setback for Lot 2 are labeled and depicted on the Record Plan sheets. Confirm that the new building proposed on Lot 2 complies with this setback determination. 4) The Record Plan Sheet must document and identify any easements for cross access, utilities, drainage, etc. associated with the subdivision of these lots; these appear to be shown and clarified. However, any associated recorded documents may need to be updated to clarify the rights are for both Lot 1 and Lot 2. 5) Provide any information on any agreements established regarding responsibilities for construction, dedication, maintenance, etc. for areas with the overall project such as circulation aisles, walking paths, open spaces, landscaping, stormwater management, etc. that are shared between the Lots. Add notes to the Record Plan sheet as necessary for reference. 6) Of the two lots proposed, Lot 1 does not have frontage on a public street. According to the Land Subdivision Regulations, Article VI. Subdivision General Requirements and Design Standards, Section E. Lots, all lots are required to have frontage on a public street. A Waiver Request was submitted to allow creation of the Lot without frontage on a public street. The Planning Commission shall make a recommendation to City Council. This recommendation will be forwarded to the Safety Advisory and Transportation Committee, who will in turn make a recommendation to City Council. a. In order to grant a waiver of the requirement that all lots have frontage on a public street, the Planning Commission and City Council shall determine that compliance with the requirements of the ordinance would cause extraordinary and unnecessary hardship and that “such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations.” b. All necessary easements to provide access to and between the Lots, including any access required for utility installation and drainage needs, shall be secured and incorporated into the Record Plan prior to approval of the Minor Subdivision for 157

Item 6. SB-21-01 Minor Subdivision Plan for Lands of Bayroadcap, LLC at 600 Bay Road DAC Report of March 3, 2021 Page 6 recordation. 7) The Final Record Plat submission must include requirements described in Dover Code of Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat and any additional requirements of the Planning Commission. 8) The formal Record Plan will need to be recorded upon completion of the approval process with any corrections identified by the reviewing agencies. VIII. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted in order to promote and protect the public health, safety, convenience and general welfare; ensure the orderly growth and development of the City, the conservation, protection and proper use of land, and adequate provision for housing, recreation, circulation, utilities and services; and safeguard the City from undue future expenditure for the maintenance of streets and public spaces. 1) This Minor Subdivision Plan creates two (2) lots out of the one parcel; the areas remain zoned C-4. The Subdivision Plan generally complies with the Land Subdivision Regulations. 2) The proposed Minor Subdivision Plan for the was evaluated. The subdivision of this property into two (2) individual lots does not impede the plan to develop the site. 3) Waiver of Requirement for Lots to Have Frontage on a Public Street: In order for City Council to grant a waiver from the requirements of the Land Subdivision Regulations, the applicant must demonstrate that compliance with the requirements of the Regulations would cause extraordinary and unnecessary hardship, and that the variance or waiver “shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations.” a) Staff does not believe that the requirement that lots have frontage on a public street causes an extraordinary and unnecessary hardship for the property except for how the property has chosen to develop. However, access to a public street can easily be provided through agreements/easements which is another code provision. The applicant notes a financial motivation related to ease of multiple phases of development of the property that will continue to function as one complex. b) Staff recommends that if the waiver is granted, the Planning Commission require cross access easements among both Lots 1 and 2 and along the Bay Court Plaza entrance drive to ensure permanent access to Bay Road is secured. It is noted that the Lot 1 area will be a party to a cross access easement along the Bay Court Plaza entrance drive that already serves multiple properties c) Staff recommends that these easements allow for the owners of each lot to make any improvements necessary to the internal circulation system to the satisfaction of the Planning Commission as specified in the Zoning Ordinance, Article 8 § 1, and to ensure that internal circulation and site access to both Lots are beneficial to the public health, safety and general welfare. 158

Item 6. SB-21-01 Minor Subdivision Plan for Lands of Bayroadcap, LLC at 600 Bay Road DAC Report of March 3, 2021 Page 7 Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are offered for consideration by the Planning Commission. IX. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the Minor Subdivision Plan occur in the finalization of the Plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies making recommendations in regard to the plan. 2) Following Planning Commission approval of the Minor Subdivision Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan must be submitted for final endorsement prior to recordation at the Kent County Recorder of Deeds Office. 3) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 4) The applicant shall be aware that Minor Subdivision Plan approval does not represent a Building Permit, Sign 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. 159

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Lands of Bayroadcap, LLC at 600 Bay Road: Minor Subdivision Plan FILE #: SB-21-01 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. The Department of Public Works has no objections to the plan as the property is located off a State road and a private drive. 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. 160

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Lands of Bayroadcap, LLC at 600 Bay Road: Minor Subdivision FILE #: SB-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us 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 WATER 1. Previously approved plans depicted private water mains crossing the proposed property lines. Easements between the two (2) property owners shall be required prior to approval. WASTEWATER 1. Previously approved plans depicted private wastewater mains crossing the proposed property lines. Easements between the two (2) property owners shall be required prior to approval. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 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 . 161

Item 6. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Lands of Bayroadcap, LLC at 600 Bay Road; Minor Subdivision Plan FILE #: SB-21-01 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us 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 existing underground electric, communications and water facilities. 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. 162

Item 6. Lands of Bayroadcap, LLC at 600 Bay Road; Minor Subdivision Plan File #: SB-21-01 February 24, 2021 Page 2 of 2 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. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 2. Preliminary site electrical design complete with some conduit installed. 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 . 163

C F SB-21-01 Item 6. 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: 02/24/21 D S O H V A E L APPLICATION: Lands of Bayroadcap LLC 600 Bay Road R FILE #: SB-21-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is to subdivide commercial property into two parcels (Lot 1 and lot 2). This office has no objections 2. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, 164

Item 6. property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 3. Project to be completed per approved Site Plan. 4. Full building and fire plan review is required. 5. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 6. Construction or renovations cannot be started until building plans are approved. 7. Fire alarm systems, fire suppression systems, hoods, 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. 8. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Ensure all current access to Lot 1 remains in place 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. 165

Item 6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Baycorp LLC (600 Bay Road) FILE#: SB-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Schedule a pre-submittal meeting through DelDOT Subdivisions. 2. Subdividing the property will require a Record Plan approval through DelDOT Subdivisions 3. At such time a proposed land use is shown on the plan a further Record Plan will be required. 166

KENT CONSERVATION DISTRICT Item 6. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY February 24, 2021 APPLICATION: SB-21-01 Lands of Bayroadcap, LLC at 600 Bay Road: Minor Subdivision Plan FILE #: SB-21-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Katherine Owens PHONE #: 302-608-5370 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. Drainage easements are required to be shown on the plans. 2. An operation and maintenance agreement of all stormwater facilities is required. ADVISORY COMMENTS TO THE APPLICANT: 1. Please submit a revised plan set with owners identified for each parcel to the Kent Conservation District. 2. Submit a copy of the operation and maintenance agreements of all stormwater facilities to the Kent Conservation District. 167

Item 6. WAIVER REQUEST SUBDIVISION OF LANDING SQUARE ROAD FRONTAGE REQUIREMENTS REQUEST: A waiver is requested for relief from the City of Dover’s Zoning Ordinance which requires parcels within the City to have frontage on a public street. EXTENT OF THE REQUEST: Per Appendix A, Article VI ,E (6.) of the City of Dover Zoning Code, “All lots in a subdivision shall have frontage on a public street.” As this subdivision is part of a greater conglomerate of commercial properties, owned by the same entity, which all utilize a boulevard style entrance from a public right-of-way, and easements have been previously recorded which grant these parcels access from the public right-of-way, we are requesting the frontage requirement be relaxed to allow the subdivision. BASIS FOR REQUEST: Appendix A, Article 7, section A of the City of Dover Zoning Ordinances states “Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commission may recommend to the city council, and the city council may vary or waive said requirements, provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. As a cross access easement benefiting not only this parcel, but the DelDOT parcel to the west, which permits access from Bay Road, a public right-of-way through the parcel to the rear currently exists, the newly created parcel would by default have access to a public right-of-way via the existing easement. This long-standing easement, as well as the previously planned sidewalk connectivity, 168

Item 6. would act as a public right-of-way for the newly created parcel as it permits access from Bay Road to the newly created parcel. Strict compliance with the frontage requirement will place an unnecessary hardship on the developer to secure additional financing for further improvements to the development. We would submit that the waiving of the frontage requirement would not have an adverse impact to the health, safety, or general welfare of the public in this instance as this subdivision is part of a greater commercial complex as well as a long-standing easement would not impede access to the parcel and has been previously executed and recorded. These easements will be updated to include all parcels subject to this subdivision. We would request that the Planning Commission recommend to the Dover City Council that the frontage requirement previously mentioned be waived. 201613403-Frontage-waiver-COD-ltr.docx 169

24x36 24x36 Item 6. 24x36 OWNERS CERTIFICATION 24x36 WE, BAYROADCAP, LLC HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE PROPERTY DESCRIBED AND N SHOWN ON THIS PLAN, THAT THE PLAN WAS MADE AT OUR DIRECTION, AND THAT WE ACKNOWLEDGE THE SAME TO BE OUR ACT AND DESIRE THE PLAN TO BE RECORDED AS SHOWN IN ACCORDANCE WITH ALL S. LITTLE CREE APPLICABLE LAWS AND REGULATIONS. 24x36 K RD. 24x36 BAYROADCAP, LLC. DATE 24x36 AY Y V D. 24x36 BA BL BENCH MARK: HIGH N NORTHBOUND SET IRON ROD WITH CAP W AD HE SURVEYORS CERTIFICATION ELEVATION: 31.54' NAVD88 RO UE SIGN (45 M.P.H.) N: 420170.56' NAD83 (2007) DSP 24x36 PON SITE BL I, JEFFREY C. DODD, HEREBY CERTIFY THAT I AM A REGISTERED SURVEYOR IN THE STATE OF DELAWARE, THAT E: 630589.24' NAD83 (2007) DSP ARCH I T E C TURE 24x36 THE INFORMATION SHOWN HEREON HAS BEEN PREPARED UNDER MY SUPERVISION AND TO MY BEST T ENG I NE E R I NG KNOWLEDGE AND BELIEF REPRESENTS GOOD SURVEYING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS S. D BAY ROAD (K-007) 200' OF THE STATE OF DELAWARE. 24x36 U 200' R.O.W. "MINOR ARTERIAL" Dover, DE 24x36 309 S. Governors Ave. JEFFREY C. DODD P.L.S. NO. 782 DATE 12' Dover, DE 19904 Ph. 302.734.7950 24x36 10' 100' SOUTHBOUND Fax 302.734.7965 24x36 A PERMANENT EASEMENT IS HEREBY A VARIABLE WIDTH PERMANENT EASEMENT ESTABLISHED TO THE STATE IS HEREBY ESTABLISHED TO THE STATE OF DELAWARE, AS PER THIS PLAT. N = 420398.43' OF DELAWARE, AS PER THIS PLAT. Salisbury, MD POWER POLE (TYP.) (2,676 SQ. FT. ±) E = 630325.19' (1,870 SQ. FT. ±) 24x36 312 West Main St. Suite 300 24x36 Salisbury, MD 21801 45' 37' Ph. 410.546.9100 S 32° 56' 37" E 15' 315.15' S 32° 56' 37" E 220.00' FDH Fax 410.546.5824 24x36 VICINITY MAP SCALE : 1" = 1,200' FCM X X X X FIR 8.5' 36.54' FIRC 201.50' FIP FIP DIST. Wilmington, NC 24x36 X 94.24' S 57° 15' 29" W 15' X 3205 Randall Parkway, Suite 211 653.02' X 20' B.R.L. 8.5' Wilmington, North Carolina 28403 24x36 24x36 152.14' TRAFFIC SIGNAL POLE (TYP.) Ph. 910.341.7600 S 56° 49' 36" W X Fax 910.341.7506 GENERAL NOTES FOR DELDOT : X EDGE OF PAVMENT www.beckermorgan.com 24x36 24x36 1. NO LANDSCAPING SHALL BE ALLOWED WITHIN R/W UNLESS THE PLANS ARE COMPLIANT WITH SECTION 3.7 OF THE DEVELOPMENT COORDINATION MANUAL (DCM). X 2. X X X X X CURRENT DEVELOPMENT COORDINATION MANUAL (DCM) AND SHALL BE SUBJECT TO ITS APPROVAL. 15' B.R.L. 15' B.R.L. 24x36 24x36 3. SHRUBBERY, PLANTINGS, SIGNS AND/OR OTHER VISUAL BARRIERS THAT COULD OBSTRUCT THE SIGHT N 57° 15' 29" E X LANDS N/F DISTANCE OF A DRIVER PREPARING TO ENTER THE ROADWAY ARE PROHIBITED WITHIN THE DEFINED BAY COURT DOVER, LLC DEPARTURE SIGHT TRIANGLE AREA ESTABLISHED ON THIS PLAN. IF THE ESTABLISHED DEPARTURE SIGHT LANDS N/F 2-05-077.00-01-16.01-00001 X B & B DELAWARE INVESTMENTS LLC DEED BOOK: 6985 PAGE 328 TRIANGLE AREA IS OUTSIDE THE RIGHT-OF-WAY OR PROJECTS ONTO AN ADJACENT PROPERTY OWNER'S 2-05-077.00-01-0800-00001 24x36 PLAT BOOK: 84 PAGE 16 24x36 LAND, A SIGHT EASEMENT SHOULD BE ESTABLISHED AND RECORDED WITH ALL AFFECTED PROPERTY 152.02' DEED BOOK: 5630 PAGE187 ZONED: C4 OWNERS TO MAINTAIN THE REQUIRED SIGHT DISTANCE. X ZONED: C4 4. UPON COMPLETION OF THE CONSTRUCTION OF THE SIDEWALK OR SHARED-USE PATH ACROSS THIS 24x36 X 24x36 THE PROPERTY OWNERS OR BOTH ASSOCIATED WITH THIS PROJECT, SHALL BE RESPONSIBLE TO REMOVE ANY EXISTING ROAD TIE-IN CONNECTIONS LOCATED ALONG ADJACENT PROPERTIES, AND RESTORE THE X FIP DIST. S 32° 54' 31" E 201.50' FIP 24x36 24x36 15' B.R.L. 5. SUBDIVISION STREETS CONSTRUCTED WITHIN THE LIMITS OF THE RIGHT-OF-WAY ARE PRIVATE AS SHOWN X 15' B.R.L. ON THIS PLAN AND ARE TO BE MAINTAINED BY THE DEVELOPER, PROPERTY OWNERS OR BOTH. THE STATE OF DELAWARE ASSUMES NO MAINTENANCE RESPONSIBILITIES FOR THE FUTURE MAINTENANCE OF THESE X 24' 24x36 STREETS. 24x36 6. THE SIDEWALK AND SHARED-USE PATH SHALL BE THE RESPONSIBILITY OF THE DEVELOPER, THE PROPERTY X OWNERS OR BOTH WITHIN THIS SUBDIVISION. THE STATE OF DELAWARE ASSUMES NO RESPONSIBILITY FOR THE FUTURE MAINTENANCE OF THE SIDEWALK AND/OR SHARED-USE PATH. 24x36 7. THE DEVELOPER SHALL BE REQUIRED TO FURNISH AND PLACE RIGHT-OF-WAY MONUMENTS IN X UPRIGHT CURB NA 24x36 INTERIOR PARCEL LINE D8 8. THE DEVELOPER SHALL BE REQUIRED TO FURNISH AND PLACE RIGHT-OF-WAY MARKERS TO PROVIDE A X 3D PERMANENT REFERENCE FOR RE-ESTABLISHING THE RIGHT-OF-WAY AND PROPERTY CORNERS ON LOCAL 24' WIDE CROSS ACCESS EASEMENT SP 24x36 AND HIGHER ORDER FRONTAGE ROADS. RIGHT-OF-WAY MARKERS SHALL BE SET AND/OR PLACED ALONG IS HEREBY ESTABLISHED PER THIS PLAT. GR 24x36 X ID THE FRONTAGE ROAD RIGHT-OF-WAY AT PROPERTY CORNERS AND AT EACH CHANGE IN RIGHT-OF-WAY 576.73' ALIGNMENT IN ACCORDANCE WITH SECTION 3.2.4.2 OF THE DEVELOPMENT COORDINATION MANUAL. X N 24x36 24x36 GENERAL NOTES : X CROSS ACCESS EASEMENT 1. TOPOGRAPHIC AND BOUNDARY RETRACEMENT SURVEY WAS PREPARED BY BECKER MORGAN BAY COURT PLAZA ENTRANCE BOULEVARD BOOK: 9368 PG: 203 24x36 GROUP,DOVER, DE., IN NOVEMBER OF 2017. X LANDS N/F 24x36 BAYROADCAP, LLC. 2. THE BOUNDARY LINES PORTRAYED HEREON HAVE BEEN ESTABLISHED BASED SOLELY ON PHYSICAL 2-05-077.00-01-10.00-00001 EVIDENCE DISCOVERED IN THE FIELD IN CONJUNCTION WITH DETERMINATIONS DERIVED FROM SOURCE OF X DEED BOOK: RE VOL.: 9090 PAGE: 157 LANDS N/F TITLE AND ADJACENT DEED RECORD INFORMATION. BAY ROAD ONE, LLC 12.6746 ACRES ± 24x36 ZONED: C4 LANDS N/F 24x36 2-05-077.00-01-1001-00001 X DOVER BAY COURT PLAZA, LLC 3. PROPERTY SHOWN HEREON IS SUBJECT TO ANY RIGHT-OF-WAY, EASEMENTS, RESTRICTIONS, ETC. AS MAY DEED BOOK: 8585 PAGE 81 2-05-077.00-01-16.00-00001 BE SHOWN OR NOTED IN ANY RECORD, PUBLIC OR OTHERWISE, OR ANY REQUIREMENT OR REGULATION OF ZONED: C4 DEED BOOK: 6351 PAGE 172 ANY PUBLIC AGENCY. FCM X PLAT BOOK: 84 PAGE 16 24x36 ZONED: SC2 24x36 PROJECT TITLE (PRIVATELY MAINTAINED) 4. ALL MEASUREMENTS MADE ARE BASED ON A GNSS RTK SITE CALIBRATION SET BY BECKER MORGAN GROUP, X LOT 2 DOVER DE., IN OCTOBER OF 2009. BOTH VERTICAL AND HORIZONTAL COORDINATES FOR SITE CALIBRATION 7.99 ACRES± LANDS OF WERE DERIVED THROUGH A LIMITED CONSTRAINT POST PROCESS OF STATIC GNSS OBSERVATIONS. 24x36 VERTICAL DATUM IS BASED ON NGS MONUMENT L37 (NAVD 88) WITH TIES TO OTHER NEAR BY PASSIVE NGS X 24x36 MONUMENTS. HORIZONTAL REFERENCE SYSTEM IS BASED NGS MONUMENT DNREC - DELAWARE STATE PLANE NAD 83 (2007). X BAYROADCAP, LLC 15' B.R.L. 24x36 5. WHERE GNSS OBSERVATION WERE NOT SUITABLE, MEASUREMENTS WERE MADE WITH A TOPCON QS-3A 24x36 X ELECTRONIC TOTAL STATION. TRAVERSE RAN TO/FROM POINTS SET WITHIN CALIBRATION FILE WERE WITHIN MINIMUM CLOSURE STANDARD SET BY STATE STATUE FOR A URBAN SURVEY BEFORE ADJUSTMENT. X 6. CROSS ACCESS EASEMENT FOR VEHICULAR ACCESS, INGRESS, AND EGRESS SHALL BE PROVIDED ACROSS BAY ROAD 24x36 24x36 THE CONSOLIDATED PARCEL TO BENEFIT BOTH PARCEL NO. 2-05-077.00-01-10.01-000 AND PARCEL NO. X 2-05-077.00-01-08.00-000 IN ORDER TO SECURE PERMANENT ACCESS TO AND FROM BAY ROAD (K-41). 7. CROSS ACCESS EASEMENT FOR VEHICULAR ACCESS, INGRESS, AND EGRESS SHALL BE PROVIDED ACROSS COMMERCIAL 24x36 X 24x36 PARCEL NO. 2-05-077.00-01-16.00-000 TO BENEFIT BOTH THE CONSOLIDATED PARCEL NO. 24' 2-05-077.00-01-10.00-000 AND PARCEL NO. 2-05-077.00-01-18.00-000 IN ORDER TO SECURE PERMANENT ACCESS 24' WIDE CROSS ACCESS EASEMENT TO AND FROM BAY ROAD (K-41). X IS HEREBY ESTABLISHED PER THIS PLAT. 10' B.R.L. 24x36 521.97' 24x36 X N 33° 10' 24" W BAY ROAD X 10' B.R.L. CITY OF DOVER 19901 24x36 KENT COUNTY, DE 24x36 S 56° 49' 36" W X SHEET TITLE 24x36 X 24x36 101.66' SITE DATA X SUBDIVISION PLAN 24x36 1. OWNER OF RECORD: BAYROADCAP, LLC. 24x36 10' B.R.L. 105 FAULK ROAD, SUITE 200 WILMINGTON, DE 19803 XN 10' B.R.L. 51X° 59' X18" EX (302) 429-8700 127.82' 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. LOT 1 24x36 N 33° 10' 24" W 4.95 ACRES± 24x36 309 SOUTH GOVERNORS AVENUE DOVER, DELAWARE 19904 10' B.R.L. 74% IMPERVIOUS (302) 734-7950 S 32° 51' 37" E 24x36 3. PROPERTY MAP NUMBER: 2-05-07700-01-0900-00001 7.08' 24x36 FIR 4. PROPERTY LOCATION: FIP FCM FCM X 0 25 50 100 199.96' 24x36 24x36 5. STATE INVESTMENT LEVEL: LEVEL 1 6. DEED SUMMARY: DEED BVP: D 9090 0157 D 0590 0216 X 24x36 7. NUMBER OF PARCELS: EXISTING: 1 SCALE : 1" = 50' 24x36 PROPOSED: 2 LANDS N/F X 8. TOTAL SITE AREA: LOT 1 = BAY ROAD ONE, LLC 2-05-077.00-01-1100-00001 LOT 2 = + DEED BOOK: 8585 PAGE 81 X 24x36 TOTAL SITE AREA= 12.94 ACRES ± ZONED: C4 24x36 9. ZONING CLASSIFICATION: EXISTING: C-4 - HIGHWAY COMMERCIAL X ISSUE BLOCK PROPOSED: C-4 - HIGHWAY COMMERCIAL 15' B.R.L. 10. SETBACKS: C4 - HIGHWAY COMMERCIAL 24x36 X 24x36 FRONT: 20 FT. SIDE 15 FT. REAR: 10 FT. OR EQUAL TO HEIGHT OF BUILDING X 11. BULK REQUIREMENTS: C4 - HIGHWAY COMMERCIAL 24x36 24x36 MAX BUILDING HIEGHT 75' OR SIX STORIES X MINIMUM LOT AREA NONE N 57° 08' 23" E BENCH MARK: MINIMUM LOT WIDTH 150 FEET SET IRON ROD WITH CAP MINIMUM LOT DEPTH X 830.42' ELEVATION: 22.43' NAVD88 24x36 150 FEET S 56° 49' 08" W N: 419497.11' NAD83 (2007) DSP 24x36 MAX IMPERVIOUS COVERAGE NONE N = 420158.22' 18.45' 326.06' E: 629920.57' NAD83 (2007) DSP 12. SURVEY DATUM: NGS MONUMENTATION SURVEY LEGEND X E = 629467.49' 10' B.R.L. VERTICAL: NAVD88 - L37 FCM FCM - HORIZONTAL: NAD83 (2007) - DNREC ITEM EXISTING 1 - - X 24x36 13. SURVEY UNIT: LINEAR: US SURVEY FOOT 10' B.R.L. 245.12' N 33° 10' 57" W MARK DATE DESCRIPTION 24x36 UNMARKED POINT X ANGULAR: DEGREES MINUTES SECONDS (DMS) FIP FIP X X FIPXDIST. LAYER STATE: Record Plan X X X X X X X X X X X CONCRETE MONUMENT FCM X X X X X X X X X X X COORDINATE: GROUND 444.62' X N 33° 00' 44" W X PROJECT NO.: 2016134.03 24x36 14. SURVEY CLASSIFICATION: SUBURBAN SURVEY IRON PIPE FIP 24x36 15. MONUMENTATION: EXISTING: 14 FOUND X X X X X DATE: 2-5-2021 IRON PIPE W/ CAP FIPC PROPOSED: NONE TO BE SET X IRON ROD FIR X X X SCALE: 1" = 50' 16. ROAD CLASSIFICATION: MINOR ARTERIAL - BAY ROAD - MAINTENANCE #7 (45 M.P.H.) X X X X DRAWN BY: K.N.G PROJ. MGR.: J.C.D. 24x36 24x36 17. UTILITIES PROVIDER: SEWER: CITY OF DOVER IRON ROD W/ CAP FIRC LANDS N/F X LANDS N/F LANDS N/F X THE STATE OF DELAWARE WATER: CITY OF DOVER DRILL HOLE FDH PIERCE HARDY, L.P. X 591 DUPONT HIGHWAY, LLC 2-05-077.00-01-18.00-00001 SHEET ELECTRIC: CITY OF DOVER 2-05-077.00-01-12.04-00001 2-05-077.00-01-12.05-00001 DEED BOOK: 456 PAGE 154 GAS: CHESAPEAKE GAS STONE FSTONE X DEED BOOK: 444 PAGE 127 X DEED BOOK: 7232 PAGE 163 ZONED: IO 1 OF 1 X 24x36 PLAT BOOK: 61 PAGE: 47 PLAT BOOK: 118 PAGE: 62 24x36 18. USE: EXISTING: OPEN LOT / COMMERCIAL LOT PK NAIL FPK ZONED: C4 X ZONED: C4 PROPOSED: OFFICE X X COPYRIGHT 2015 170 F:\AutoCAD\Projects\2016\2016134\2016134.03\DWG\201613403-SUBDIVISION-C3D15.dwg, Feb 05, 2021 - 10:48am .PDF 24x36 24x36 2021-02-05

Item 6. WAIVER REQUEST SUBDIVISION OF LANDING SQUARE ROAD FRONTAGE REQUIREMENTS REQUEST: A waiver is requested for relief from the City of Dover’s Zoning Ordinance which requires parcels within the City to have frontage on a public street. EXTENT OF THE REQUEST: Per Appendix A, Article VI ,E (6.) of the City of Dover Zoning Code, “All lots in a subdivision shall have frontage on a public street.” As this subdivision is part of a greater conglomerate of commercial properties, owned by the same entity, which all utilize a boulevard style entrance from a public right-of-way, and easements have been previously recorded which grant these parcels access from the public right-of-way, we are requesting the frontage requirement be relaxed to allow the subdivision. BASIS FOR REQUEST: Appendix A, Article 7, section A of the City of Dover Zoning Ordinances states “Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commission may recommend to the city council, and the city council may vary or waive said requirements, provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. As a cross access easement benefiting not only this parcel, but the DelDOT parcel to the west, which permits access from Bay Road, a public right-of-way through the parcel to the rear currently exists, the newly created parcel would by default have access to a public right-of-way via the existing easement. This long-standing easement, as well as the previously planned sidewalk connectivity, 171

Item 6. would act as a public right-of-way for the newly created parcel as it permits access from Bay Road to the newly created parcel. Strict compliance with the frontage requirement will place an unnecessary hardship on the developer to secure additional financing for further improvements to the development. We would submit that the waiving of the frontage requirement would not have an adverse impact to the health, safety, or general welfare of the public in this instance as this subdivision is part of a greater commercial complex as well as a long-standing easement would not impede access to the parcel and has been previously executed and recorded. These easements will be updated to include all parcels subject to this subdivision. We would request that the Planning Commission recommend to the Dover City Council that the frontage requirement previously mentioned be waived. 201613403-Frontage-waiver-COD-ltr.docx 172