Skip to main content
AskDover

Attachment

Planning Commission. Oct 21, 2013.

Open the PDF

This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.

71 pages have little or no readable text here, often scans or drawings. See the PDF for those.

Page 1

CITY OF DOVER PLANNING COMMISSION AGENDA Monday, October 21, 2013 – 7:00 P.M. City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA ADOPTION OF MINUTES OF REGULAR MEETING of September 16, 2013 COMMUNICATIONS & REPORTS 1) Reminder: The next Planning Commission regular meeting is scheduled for Monday, November 18, 2013 at 7:00pm in the City Council Chambers. 2) Reminder: The next Planning Commission Quarterly Workshop is scheduled for Tuesday, November 19, 2013 at 12:00noon in the City Hall Conference Room. 3) Update on City Council Actions a. Proclamation of National Community Planning Month 4) Update on Planning activities OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None NEW BUSINESS 1) MI-13-10 Nottingham Meadows: Revised Active Recreation Area – Review and Acceptance of the amount of the cash-in-lieu payment of Active Recreation Area construction for the Nottingham Meadow Subdivision. The property is zoned R-8 (One Family Residence Zone) and a portion is subject to SWPOZ (Source Water Protection Overlay Zone) Tier 3 – Excellent Recharge Area. The subdivision is located on the south side of Hazlettville Road and west of Wyoming Mill Road. The owner of record is Siobain-VI, LLC. Address: Nottingham Subdivision. Council District 2. The Planning Commission on June 17, 2013 approved a Revised Active Recreation Plan determining that a cash-in-lieu payment was appropriate instead of recreation area construction for this subdivision. NEW DEVELOPMENT APPLICATIONS 1) C-13-09 Bee Hive Beauty Shop at 27 West Loockerman Street – Public Hearing and Review of a Conditional Use Plan to allow for the establishment beauty salon within the existing

Page 2

City of Dover Planning Commission Agenda Public Hearing: October 21, 2013 Page 2 of 3 building at 27 West Loockerman Street. The property is zoned C-2 (Central Commercial Zone) and subject to H (Historic District Zone). The property is located on the north of West Loockerman Street west of South State Street. The owner is Forty S. Bradford Street, LLC c/o Chris Raubacher. The lessee is Kathryn Lord. Address: 27 West Loockerman Street. Tax Parcel: ED-05-077.09-02-37.00-000. Council District 2. This Application was postponed from the September meetings due to inadequate Public Notice. 2) C-13-11 Dover Christian Church at 1738 Forrest Avenue – Public Hearing and Review of a Conditional Use Site Plan for construction of one story 9,600 SF place of worship (church building) and associated site improvements. The existing residence on the property is proposed for demolition. The property is 1.5576 acres and is zoned R-10 (One Family Residential Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of Forrest Avenue and west of Dover High Drive. The owner of record is Dover Christian Church, Inc. Address: 1738 Forrest Avenue. Tax Parcel: ED-05- 075.00-01-04.00-000. Council District 1. 3) MI-13-16 Request for Street Abandonment: Harmony Lane – Public Hearing and Review for Recommendation to City Council of a request to abandon the improved street known as Harmony Lane which serves the Walker Woods development. This request consists of Harmony Lane as it runs north of Walker Road. This request was filed by Milford Housing Development Corporation. Council District 4. This Application is associated with Application S-13-18 Redevelopment of Walker Woods. 4) S-13-18 Redevelopment of Walker Woods: The Village of Sherwood – Public Hearing and Site Plan Review to redevelop the property with twelve (12) two story and three story apartment buildings (a total of 77 units in Buildings A-L) and a 3,400 SF Community Building. The properties are zoned RG-2 (General Residence Zone). The project also includes a Parcel Consolidation Plan. The properties known as Walker Woods Phases 1 and 2 are situated on the north side of Walker Road adjoining Harmony Lane. The owners of record are Walker Woods Properties, LLC and Milford Housing Development Corporation. Addresses: 1357-1383 Walker Road and multiple addresses on Harmony Lane. Tax Parcels: multiple parcels on map ED-05-067.18-01 Council District 4. This property was rezoned From RG-3 and ROS to RG-2 on September 9, 2013 with Application Z-13-01. This Application is also associated with Applications MI-13-16 Request for Street Abandonment: Harmony Lane and MI-13-17 Active Recreation Area Plan for Walker Woods. Waivers Requested: Partial Elimination of Upright Curbing and Elimination of Rear Emergency Access for Two and Three Story Apartments. 5) S-13-19 Woodmill Apartment Storage Buildings and Garage Building and Revised Active Recreation Area at Woodmill Apartments – Public Hearing and Site Plan Review for the construction of a Phase 1: 6-unit garage building at 1,632 SF, construction of Phase 2: a storage buildings at 4,800 SF, and construction of Phase 3: a storage building at 4,000 SF for a total of 10,432 SF. The plan also includes revisions to the Active Recreation Area. The revisions to the Active Recreation Area include the removal of the tennis courts and the creation of a park area with a horseshoe pit and picnic table. The property is zoned RG-2 (General Residence Zone). The property is located on the south side of Farmview Drive and east of Mifflin Road. The owners of record are Multiresidential and Multiresidential-M, LLC. Address: 1300 Farmview Drive. Tax Parcels: ED-05-076.10-02-07.01-000 and ED-05-

Page 3

City of Dover Planning Commission Agenda Public Hearing: October 21, 2013 Page 3 of 3 076.10-02-56.00-000. Council District 1. This Application partially supersedes S-13-11 Woodmill Apartment Storage Building and Revised Active Recreation Area; information on the Revised Active Recreation Area will still be applicable to S-13-19. 6) SB-13-05 Wynsome Oaks Subdivision on White Oak Road – Public Hearing and Conceptual Subdivision Plan Review to create twelve residential lots from an existing parcel totaling 12.73 acres +/- of land. The property is zoned R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the south side of White Oak Road, southwest of Mourning Dove Lane. The owner of record is TFLD Management, LLC. Address: White Oak Road. Tax Parcel: LC05-068.00-01-18.00-000. Council District 3. This property was previously reviewed for subdivision as Application SB- 10-02C Wynsome Oaks Subdivision: Conceptual Plan in September 2010; however, that plan has expired. Waivers Requested: Length of Dead End Street and Partial Elimination of Sidewalk 7) MI-13-18 New Dover High School: Revised Parking Justification and Waiver Request for Parking Reduction – Public Hearing and Consideration of Revised Parking Justification for parking associated with the New Dover High School and a Waiver Request for a Reduction in the required parking. The property is zoned R-10 (One Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of Forrest Avenue and east of Dover High Drive. The owner of record is the Capital School District. Address: 1650 Forrest Avenue. Tax Parcel: ED-05-076.00-02-07.00-000. The Planning Commission conditionally approved Conditional Use Site Plan C-10-05 on December 20, 2010 and Final Site Plan Approval was granted to S-11-18. ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS. Posted Agenda: October 11, 2013 posted 1:00pm

Page 20

City of Dover DATA SHEET FOR CONDITIONAL USE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF October 9, 2013 PLANNING COMMISSION MEETING OF October 21, 2013 Plan Title: Bee Hive Beauty Shop C-13-09 Plan Type: Conditional Use Plan Property Location: North side of West Loockerman Street west of South State Street Property Address: 27 West Loockerman Street Tax Parcel: ED-05-077.09-02-37.00-000 Owner: Forty S. Bradford Street, LLC c/o Chris Raubacher Lessee: Kathryn Lord Site Area: 2,377 SF ± Present Use: Vacant first floor tenant space/ second & third floor apartments Proposed Use: Beauty Shop – First floor Sewer & Water: City of Dover Zoning Classification: C-2 (Central Commercial Zone) H (Historic District Zone) P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Page 21

CITY OF DOVER City of Dover DEVELOPMENT ADVISORY COMMITTEE Planning Office APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: October 9, 2013 APPLICATION: Bee Hive Beauty Salon at 27 West Loockerman Street FILE #: C-13-09 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Tracey Harvey PHONE #: (302) 736-7196 PLAN SUMMARY: This Conditional Use Plan Review is to permit a Beauty Salon on the first floor of the existing building located at 27 West Loockerman Street. The property for the proposed development is zoned C-2 (Central Commercial Zone) and is subject to the H (Historic District Zone). The property is located on the north side of West Loockerman Street west of South State Street. The owner of record is Forty S. Bradford Street, LLC c/o Chris Raubacher, and the lessee is Kathryn Lord. The property address is 27 West Loockerman Street. Tax Parcel: ED-05-077.09-02-37.00- 000. Project Site This building was built in the 1800s as a three story commercial building. It is within the Historic District Zone and listed in the National Register of Historic Places as a contributing resource to the Victorian Dover Historic District (K-396.100). th K-396.100: 27 West Loockerman Street – Late-19 century, 3-story, 3-bay, brick nd commercial/residential structure; flat roof, ornate cornice; arched fenestration 2 floor level; st modernized 1 floor level; pen eave. The building is within the Historic District. Any exterior changes including signage are subject to the Architectural Review Certification process and compliance with the Design Standards and Guidelines for the City of Dover Historic District Zone. The building consists of three floors. The first floor of the building was most recently utilized as a restaurant. The second and third floors of the building consist of four separate apartments that are presently occupied. The first floor of the building is currently registered as a vacant building under the provisions of the Vacant Building Ordinance. Proposed Project The application seeks to allow for the establishment of a Beauty Shop on the first floor of the

Page 22

C-13-09 Beauty Salon at 27 W. Loockerman St. FINAL DAC Report – October 9, 2013 Page 2 existing building. The plan indicates there will be four (4) working stations, three (3) shampoo bowls, a nail station and a hair color room. Due to its location, this type of land use as an Beauty Salon on the first floor requires Conditional Use approval by the Planning Commission as noted in Article 3 §13.21 of the Zoning Ordinance. 13.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 10.1 [1] of this ordinance and to any specified requirements set forth below. Any of the following uses in existence at the time this ordinance [section] is adopted are considered permitted uses, and shall not lose their status as permitted uses in their existing locations unless the use is changed to one of the uses listed above in [sub] section 13.1 of this ordinance [section]. Changes from one conditional use to another will require conditional use approval. 13.21 Personal service stores, including, but not limited to, barbershops, beauty shops, tailors, day spas, and other establishments in which the primary business is the sale of a service, rather than a product, located on the first floor on Loockerman Street between State Street and New Street and located within 250 feet of another personal service store. This Conditional Use is subject to the requirements of Article 10 §1 further discussed below. With Conditional Use applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. Several 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: 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; For a use seeking conditional use approval that proposes to occupy an existing structure in the C-2 Zoning District, Article 3 §13.3 outlines the submission requirements. These requirements include a map of the property showing existing conditions and a conceptual floor plan with the appropriate legal data. 13.3 Submission requirements for conditional uses in the C-2 zone. The following submission requirements shall be used in lieu of the requirements of article 10, section 1.6, in the event that the business, office, or establishment seeking conditional use approval will be occupying an existing structure: (a) The applicant shall cause a site map to be prepared. The applicant shall submit 21 copies of the site map at the time of application. The site map shall conform to the following specifications and the following elements shall be included on the site map:

Page 23

C-13-09 Beauty Salon at 27 W. Loockerman St. FINAL DAC Report – October 9, 2013 Page 3 1. The map shall be at least 11 [inches] by 17 inches, but not more than 24 [inches] by 36 inches, and at a scale of ten, 20, 30 or 40 feet to the inch, except that, if the property has a maximum dimension over 900 feet, a scale of 50 feet to the inch may be used. 2. The existing building and conditions on the lot must be depicted. It is permissible to utilize the most recent mortgage survey of the property for this purpose. If conditions, such as landscaping and accessory structures, on the lot have changed since the survey was completed, the applicant shall depict these changes on the plan to the best of his/her ability. However, the nature and extent of such revisions must be approved by the city planner at the required pre- application meeting. 3. A conceptual floor plan of the building is required. This floor plan must depict the location and percent of total floor area devoted to the proposed uses. Any uses on separate floors which are not the subject of the application must be referenced by a note on the plan. The city planner may request more detailed information, including architectural floor plans, on a case-by-case basis at his/her discretion. 4. Legal data: (a) Lot, blocks, and section number. (b) Name and address of the owner of record. (c) Name and address of the equitable owner, if any. (d) Name and address of the person, firm, or organization preparing the map. (e) Date, north point, and written and graphical scale. (f) The location and names of adjacent streets. (g) The location, zoning, and owners of record of all adjacent properties. The Bee Hive Beauty Salon was permitted to open in advance of their Conditional Use hearing, as the tenant space they previously occupied experienced severe water damage so that it could no longer be occupied. The Planning Staff met with the applicant and explained the requirement for Conditional Use approval in order to operate, clarifying that if the Conditional Use Permit is not approved, the business would be required to relocate. Opening of the business at this location in advance of the Conditional Use hearing was permitted by the Planning Office, following an inspection by the Chief Building Inspector and Fire Marshal, to ensure that no irreparable harm to their business resulted from prolonged closure due to the property damage that their former location. SITE CONSIDERATIONS: Trash Collection There is not a specific Dumpster pad requirement for personal service uses. Arrangements for trash collection will need to be made with either the City of Dover or a private trash collection service. Dumpster enclosures are required and must be implemented where space is available on site.

Page 24

C-13-09 Beauty Salon at 27 W. Loockerman St. FINAL DAC Report – October 9, 2013 Page 4 Parking The C-2 zoning district does not have an off-street parking requirement for existing buildings. Staff notes that there several municipal parking lots located within the immediate area and on street parking. Bicycle Parking Bicycle parking is not required as there is no off-street parking requirement. There are bicycle parking facilities along West Loockerman Street (post and loop style). Sidewalk There is existing sidewalk along West Loockerman Street. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The Site Data and plan drawing column will need to be updated prior to Final Approval with the following: a) Any changes recommended or approvals by the Planning Commission. b) Indicate the proposed use. c) Indicate the amount of floor area within the building to be utilized by the tenant d) Add legal data items : 1. Name and address of the owner of record. 2. Name and address of equitable owner, if any. 2) Provide an Owner’s Certification note and signature line to plan sheet. See text below. OWNER’S CERTIFICATION: I, _______________________, hereby certify that I am the owner of the property described and shown on this plan, that the plan was made at my direction, and that I acknowledge the same to be my act and desire the plan to be developed as shown in accordance with all applicable laws and regulations. DATE ___________________ SIGNATURE_____________________________ Lessee’s signature will need to be added to the plan sheet. 3) Clarify any existing parking spaces that are available on this parcel at the rear of the property. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1. Install a bicycle parking rack in the rear parking lot to serve this facility. This will allow the street side bicycle parking racks to be utilized by customers.

Page 25

C-13-09 Beauty Salon at 27 W. Loockerman St. FINAL DAC Report – October 9, 2013 Page 5 ADVISORY COMMENTS TO THE APPLICANT: 1) The ability of the business to remain at this location is dependent upon approval of the Conditional Use Permit application. The Planning Office issued temporary approval for the business to open in the interim, as water damage made the previous business location unable to be occupied. 2) 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. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 3) It appears that this new use will involve a change of occupancy classification with implications for compliance with Building Codes and Fire Codes. The applicant is advised to meet with the City’s Fire Marshall and Building Inspector. 4) The applicant shall be aware that the 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. A Sign Permit # 13-1077 was issued for the installation of a wall sign. 5) The applicant shall be aware that the 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 and Certificate of Occupancy from the City of Dover. 6) Exterior renovations to the building are subject to Architectural Review Certification as the property is located within the Historic District. This may include review by the Historic District Commission. 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.

Page 26

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 28, 2013 APPLICATION: BEE HIVE BEAUTY SHOP AT 27 W. LOOCKERMAN ST. FILE #: C-13-09 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/Public-Documents-4017/. WATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 3. 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 if the size of the existing domestic and irrigation (if applicable) water meter for the building is sufficient. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. If the meter needs to be changed, a waiver letter must be submitted to the Department of Public Works requesting a relaxation of the requirement that all water meters must be installed in a pit. WASTEWATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 3. 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, to correctly determine if the size of the existing sanitary sewer lateral for the building sufficient. All proposed wastewater utility components must meet the requirements of the Water / Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. STORMWATER / SANITATION / STREETS / GROUNDS 1. None

Page 27

Bee Hive Beauty Shop File #: C-13-09 August 28, 2013 Page 2 of 2 GENERAL 1. The final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. None WATER / WASTEWATER / STORMWATER / STREETS / GROUNDS / GENERAL 1. None SANITATION 1. The City of Dover will continue to provide the current level of trash service to 27 West Loockerman Street. If additional trash service is required, the owner shall secure a private company to take over the sanitation service. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS / GENERAL 1. None GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

Page 28

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: D S O H V A E L R APPLICATION: Bee Hive Beauty Shop at 27 W. Loockerman St. FILE #: C-13-09 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Deputy 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: Proposed building is mercantile. The Fire Marshal has already reviewed the business and at the time of inspection the location met all of the requirements of the Office of the Fire Marshal and was ready for business occupancy. The current business has already moved in under those conditions due to severe water damage at their prior location. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Business Occupancy. The City of Dover uses the 2012 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2012 Delaware State Fire Prevention Regulations.

Page 29

The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. 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.

Page 30

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 28, 2013 T =============================================================== APPLICATION: Bee Hive Beauty Shop at 27 West Loockerman Street FILE#: C-13-09 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. The Department has no comments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

Page 31

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: D S O H V A E L R APPLICATION: Bee Hive Beauty Shop at 27 W. Loockerman St. FILE #: C-13-09 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Deputy 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: Proposed building is mercantile. The Fire Marshal has already reviewed the business and at the time of inspection the location met all of the requirements of the Office of the Fire Marshal and was ready for business occupancy. The current business has already moved in under those conditions due to severe water damage at their prior location. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Business Occupancy. The City of Dover uses the 2012 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2012 Delaware State Fire Prevention Regulations.

Page 32

The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. 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.

Page 33

City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF October 9, 2013 PLANNING COMMISSION MEETING OF October 21, 2013 Plan Title: Dover Christian Church C-13-11 Plan Type: Conditional Use Site Plan Property Addresses: 1738 Forrest Avenue, Dover Location: South side of Forrest Avenue (Route 8) and west of Dover High Drive Tax Parcels: ED-05-075.00-01-04.00-000 Owner: Dover Christian Church Inc. Site Area: 1.5576 +/- acres (67,850 SF) Present Use: Residential Dwelling (to be demolished) Proposed Use: Place of Worship (Church) Sewer & Water: City of Dover Zoning Classification: R-10 (One Family Residence Zone) COZ-1 (Corridor Overlay Zone) P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Page 34

C P I L CITY OF DOVER T A Y N DEVELOPMENT ADVISORY COMMITTEE N O I APPLICATION REVIEW COMMENTARY F N G D.A.C. MEETING DATE: October 9, 2013 D O V APPLICATION: Dover Christian Church at 1738 Forrest Avenue E R FILE#: C-13-11 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn E. Melson-Williams, AICP PHONE#: 736-7196 PLAN SUMMARY: This Plan is for review of a Conditional Use Site Plan to permit the construction of a one story 9,600 SF place of worship (church building) and other associated site improvements. The existing residence on the property is proposed for demolition. The property is 1.5575 acres and is zoned R-10 (One Family Residence Zone) and is subject to the COZ-1 (Corridor Overlay Zone). The subject property is located on the south side of Forrest Avenue (DE Route 8) and west of Dover High Drive. The owner of record is Dover Christian Church, Inc. Property Address: 1738 Forrest Avenue. Tax Parcel: ED-05-075.00-01-03.00-000. Council District 1. Existing Property and Surrounding Area: The property was annexed into the City in early 2007. (AX-06-09) At the time of annexation the property was zoned to R-10 (One Family Residence Zone) and COZ-1 (Corridor Overlay Zone). The subject property is located in the western edge of the City of Dover. Located to the north across Forrest Avenue (Route 8) are a series of lots with single family homes which are outside City limits and under the jurisdiction of Kent County. Also to the north across Route 8 but within City limits is an Agricultural Preservation District with a State agricultural easement (Purchase of Development Rights). To the east is property owned by the Capital School District which is being developed as the New Dover High School (C-10-05/S-11-18). Adjoining this church site to the west and south, there is a proposed multi-family development for 240 apartment units known as Leander Lakes. Leander Lakes (S-12-18) was conditionally approved by the Planning Commission on October 15, 2012 (previously reviewed as Application S-09-13. The Leander Lakes application is in the Check Print review process with the reviewing agencies to obtain final plan approval including entrance plan design review with DelDOT regarding the design of the southern segment of Dover High Drive and connection to Tribbitt Street. The design and construction of Dover High Drive is a joint effort of the Capital School District as associated with the High School project and Leander Lakes. CONDITIONAL USE Within the R-10 zoning district, the use of a property as a site for a place of worship (church) is permitted subject to approval of a Conditional Use by the Planning Commission. Zoning

Page 35

C-13-11 Dover Christian Church: Conditional Use Site Plan DAC Report of October 9, 2013 Page 3 Ordinance, Article 3 Section 1.14a gives specific conditions for property size, setbacks, lot coverage and percentage for buildings. With Conditional Use Applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following are sections of the Zoning Ordinance which relate to the role of the Commission in reviewing Conditional Use applications: Article 10. Planning Commission Section 1. Approval of conditional uses. On application and after public notice and hearing, the commission may authorize the issuance by the city planner of permits for any of the conditional uses for which this ordinance requires, in the district in which such use is proposed to be located. In approving any such use, the planning commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. The Planning Commission may set conditions of approval for the Conditional Use during the review process. They also have the ability to require periodic renewal of a Conditional Use Permit and also can consider revocation of a Conditional Use Permit. PROJECT SUMMARY The proposed project is for demolition of the existing residential dwelling on the property and then construction of a 9,600 SF church building. The one story building sits parallel to Forrest Avenue with parking located on the west and south sides of the building. This (rear) parking lot is proposed to be accessed from Dover High Drive.

Page 36

C-13-11 Dover Christian Church: Conditional Use Site Plan DAC Report of October 9, 2013 Page 4 COZ-1: Corridor Overlay Zone The subject site involved with this application is located within the COZ-1 (Corridor Overlay Zone). The Zoning Ordinance details the requirements of the COZ-1 in Article 3 §26 and its subsections. The Corridor Overlay Zone as a planning and growth management tool is designed to foster and attractive, efficient, and economically vibrant urban corridor along Route 8/Forrest Avenue and Saulsbury/McKee Roads. To this end, more stringent standards are applied to development taking place in the corridor. A discussion of the provisions of the COZ-1 which apply to this application follows below. The plan as presented is in compliance with the requirements listed below.  The COZ-1 does not specify a required front yard setback for non-residential properties in this segment of the corridor; therefore, the setbacks prescribed in the Article 3 Section 1 are applied.  The building must sit parallel to the road with the longest side facing the road; the design achieves this concept.  Achieves the following for the parking lot layout/arrangement: parking lot location no closer to the street than the building and also not in the front yard setback, the number of spaces versus islands (10 feet width) and median placements, and the sizing thereof.  A landscaped buffer (varying width) and sidewalk at a width 6.75 feet combines to meet the minimum total of 12 feet that is required between the building and parking/drive aisles.  Building complies with the allowable number of stories in the COZ-1; however, compliance with the maximum height of 35 feet is unclear due to the presence of a steeple on the church building.  The proposal meets the requirement that 25% of the lot consist of landscaped open space. As shown 37.1% of the lot is open space.  Street frontages (Forrest Avenue frontage) are required to have a landscaped open space of 25 feet and provide one tree per 50 (fifty) feet of frontage. (See Landscape discussion)  Non-frontages (side and rear yards) are required to have landscaped open space of 15 feet when adjacent to residential uses and landscaped open space of 5 feet when adjacent to non-residential uses and to provide one tree per 75 (seventy-five) feet.  The building shall have a corridor elevation with specific architectural features (See Building Architecture discussion). BUILDING ARCHITECTURE (Drawings dated 9/6/2013) The Plan submission includes the requisite Architectural Elevation drawings presenting all elevations of the church building. See attached elevation color renderings and site plan drawings for detailed information on building dimensions, locations, and material choices. The exterior finish materials for the church utilize two different colors of split face masonry and metal siding for the walls and a metal roof system for the pitched hipped roofs. Other exterior finish details in the form of banding, windows, trimwork of openings include the use of ground face masonry and translucent panels. Main entrances to the building are located on the north elevation and south elevation. These entrances highlighted by a glass and aluminum storefront window/door systems and a metal canopy. A series of tall arched windows are used in the sanctuary section (west end) of the building and on east elevation of the building with aluminum storefront window systems utilized on the east section of the building and on the south elevation.

Page 37

C-13-11 Dover Christian Church: Conditional Use Site Plan DAC Report of October 9, 2013 Page 5 The roof is metal gable roof on two sections of the building with flat roof systems used in other areas. A cupola with steeple is centered at the main entrance section of the building. No information is provided on the height of this element. The applicant is still considering the concept and design of a steeple element. This building is subject to the Architectural Review requirements found in Article 3 §27.69 for properties located within the Corridor Overlay Zone. 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 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. As currently proposed, the corridor elevation of this building includes a series of windows which qualify as functioning windows. With the architectural elevations showing a set of main entrance doors and primary entrance feature of a canopy on the corridor elevation, this project is in compliance with the code requirement. The plan as submitted complies with the second requirement of the corridor elevation (items a and c) by providing tree and shrub plantings immediately adjacent to the front of the building and also providing a variety of architectural relief on the corridor façade (material changes, window detailing, appearance of multiple sections, etc.). PARKING SUMMARY The parking requirement for a place of worship is based on a rate one parking space per 200 square feet of floor area but not less than one space for each four (4) seats. Based on floor area the facility would require forty-eight (48) parking spaces; however, the parking calculation based on seating will govern. From the initial seat counts of 260, the overall parking required for the site is sixty-five (65) parking spaces. The plan appears to shows a total of sixty-seven (67) parking spaces including handicapped accessible spaces. A loading space is not required. Bicycle Parking The minimum bicycle parking is one (1) bike space for every twenty (20) parking spaces. Based on the number of parking spaces at 65, a minimum of four (4) bicycle parking spaces are

Page 38

C-13-11 Dover Christian Church: Conditional Use Site Plan DAC Report of October 9, 2013 Page 6 required. The Plan indicates the location of bicycle parking racks near the building’s south entry. SITE CONSIDERATIONS Building placement requirements of the Corridor Overlay Zone are found in Article 3 §27.52. It includes the requirement that the building be placed with the long side to the roadway. This site design places the long side parallel to Forrest Avenue. Entrances The site is accessed from Dover High Drive. This requires the crossing of two adjacent properties: lands of the Capital School District and Lands of Leander Lakes, LLC. No access from Forrest Avenue (Route 8) is shown and the existing driveway curb cut serving the existing dwelling is to be removed. Delaware 8 Concept Plan and Operations Study In 2007, the Dover/Kent County Metropolitan Planning Organization developed and approved the Delaware 8 Concept Plan and Operations Study to identify circulation improvements along the Route 8 corridor on the west side of Dover, from the railroad tracks to Artis Drive. The study identifies a number of north/south connector roads to relieve traffic conditions along the Route 8 corridor. An initial segment of one of these connector roads is Dover High Drive which this church project proposes to access from. The first segment of Dover High Drive has been constructed. Sidewalks The site shows a multi-use path along the street frontage of Forrest Avenue/Route 8. Additionally, a sidewalk is shown on one side connecting into the site along its entrance drive from Dover High Drive. The plan seems to provide for handicapped accessible ramps at the points of intersection. Other Site Elements Dumpsters are required for institutional uses at a rate of one per 40,000 SF of gross building area and one for each additional 40,000 SF of building area. For this site it requires one Dumpster based on the total square footage of 9,600 S.F. A masonry Dumpster enclosure with screening plantings is shown in the southwest corner of the parking lot. Lighting The location of the lighting is proposed in the form of light poles around the perimeter of the parking lot. The church facility would be considered a commercial-like use, thus requiring a minimum of 1.5 foot candles at grade. The proposed 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. TREE PLANTING AND LANDSCAPE PLAN The tree density requirement is calculated at rate of one tree per 3000 S.F. of total site area. Based on the 1.5576 acre (67,850 S.F.) site area, a total of twenty-three (23) trees would be required. A total of thirty-one (31) trees are proposed. The proposed tree plantings are a mix of deciduous and ornamental trees with groupings placed along the property frontages, in the

Page 39

C-13-11 Dover Christian Church: Conditional Use Site Plan DAC Report of October 9, 2013 Page 7 parking lot islands, and near the building. These tree planting locations should maintain appropriate separation distances from utilities lines, buildings, and other site improvements. COZ-1 Landscaping Requirements The COZ-1 requires that a minimum of 25% of the site be landscaped open space. For this site approximately 37.1% is open space. Trees are utilized for the landscaping within the parking lot islands. Article 3 §27.53 C requires a landscaped buffer area of twelve (12) feet in width between the building and the parking lot or drive areas inclusive of a minimum six (6) foot wide sidewalk; this is shown on the Plan for the west and south sides of the church building. The COZ-1 (Corridor Overlay Zone –1) also includes specific tree planting requirements along property lines. One tree per fifty feet of frontage is required. A series of Red Maples, Crabapples, and Cryptomeria trees are shown along the frontage of Forrest Avenue. One tree per 75 feet is required on the non-frontage perimeters within the COZ-1. Tree plantings in these areas include Red Maples, Willow Oaks, and Green Vase Zelkovas. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The Final Plan set must include notes indicating the action taken by the Planning Commission in regards to any waivers and listing any additional conditions of approval. The plan set is be revised to reflect all changes recommended by the Planning Commission. 2) The actual building heights (to eave, to roof ridge, steeple, etc.) must be provided in order to confirm compliance with the maximum building height. It appears that the steeple element may exceed the maximum height limit for the zoning district which is 35 feet. Should the applicant wish to include a steeple a Board of Adjustment application may be necessary. The applicant has noted that they are considering the concept and design for a cupola and/or steeple element at this time and understand the requirement for compliance with the height limitations. 3) Documentation from the adjacent property owners regarding the proposed permanent cross access easement is required. A Record Plan sheet may also be required to document this information and the property’s access to Dover High Drive as part of the Entrance Plan approval from DelDOT. a) It appears that revisions to the Landscape Plans and other construction plans for the Dover High School project and the pending Leander Lakes Apartment project will need to be made to accommodate this proposed site entrance design. There are a number of tree plantings proposed in this area of the adjoining properties. b) Ensure stormwater management and drainage systems continue to function and /or are designed to accommodate this site entrance. 4) Coordination efforts regarding the provision of water and sanitary sewer services to this church property as routed from the proposed Leander Lakes project must continue. The Planning Commission in its conditional approval of Application S-12-18 Leander Lakes

Page 40

C-13-11 Dover Christian Church: Conditional Use Site Plan DAC Report of October 9, 2013 Page 8 Apartments noted the requirement for Leander Lakes’ coordination with adjacent properties for such services due to the regional design approach to the water and sanitary sewer system. 5) Sheet C-001: a) Correct COZ listing to be COZ-1. b) In Item #9, list that maximum lot coverage allowed is 75%. c) In Item #10, correct the side and rear setbacks to be 25 feet in the R-10 as required for this conditional use. There are no side and rear setback requirements in the COZ-1. d) Clarify the height of the building and how measured (mean of eave and ridge or to top of steeple). e) Update references in General Notes to Public Works from Public Utilities. Update references to DNREC that should be the Kent Conservation District. f) Check spelling in General Note #24. g) Add location of permanent easement along Forrest Avenue frontage. h) Add notes outlining any conditions of the Planning Commission approval. 6) Clarify the address of the property. The City records indicate the address as 1738 Forrest Avenue (not 2055 Forrest Avenue which is shown in County records). Consult with the City of Dover Tax Assessment Office to clarify address. Update all plan sheets. 7) Sheet C-101: a) Evaluate if existing tree can remain. b) A Demolition Permit will be required for the demolition of the existing dwelling. The existing utilities services must be appropriately abandoned this includes any wells, septic systems, etc. on the site. 8) Ensure handicapped access ramps are shown at the required points of intersection of streets, parking lot entrances, intersections of sidewalks with parking lot drive aisles, etc. Check detail of ramp at entrance from Dover High Drive. 9) Provide construction details for the following items but not limited to: barrier free sidewalk, curbing, traffic control signage, paving section, lighting fixtures, handicap signage, bike rack, Dumpster, etc. in the Site Plan 10) Provide a Signage and Striping Plan or provide that information on a Plan Sheet. This includes location of stop signs, location of stop bars, crosswalks, directional arrows, fire lane markings, etc. 11) As plan evolves plan for the location of future site signage in compliance with the code requirements. Consider the location of landscaping and tree planting to ensure intended visibility of the signage. Currently the monument sign along Forrest Avenue may be located within the permanent easement for the multi-modal path. 12) Landscape Plan, L-101: a) Correct zoning listing of COZ to read as COZ-1. b) Any revisions to the tree plantings must be approved by the Planning Office. Update General Note #19.

Page 41

C-13-11 Dover Christian Church: Conditional Use Site Plan DAC Report of October 9, 2013 Page 9 c) Ensure that tree and other plantings do not conflict with utilities lines such as sewer, water, stormwater, etc. and that separation distances are maintained. The proposed screening plantings near the Dumpster enclosure may be too close to the water line. Also check spacing of Zelkova in this same area. d) Ensure Redbud trees are planted an adequate distance from the building to allow for maturity. e) Clarify how shrub plantings to the east of the south entrance door will survive under the proposed canopy. Relocate as necessary. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Planning Staff notes that the proposed site entrance from Dover High Drive is an appropriate location rather than an entrance off Forrest Avenue given the recent and continuing transportation improvements in this general area. However, the applicant shall be aware of their responsibility to seek and document the necessary easements from the adjacent property owners and satisfy the DelDOT requirements to achieve Entrance Plan approval. 2) Planning Staff also encourages the continued efforts regarding the linkages of this church property to the proposed water and sanitary sewer systems that are under construction and proposed for construction in this area. However, the applicant shall be aware that timing of construction of such services may not coincide with their own construction timing. ADVISORY COMMENTS TO THE APPLICANT: 1) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 2) In the event, that major changes and revisions to the plan occur in the finalization of the Conditional Use Site Plan contact the Department of Planning and Inspections. The changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the overall Plan. 3) For building construction, the requirements of the building code or fire code must be complied with. Consult with the Chief Building Inspector and Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building setbacks, building dimensions and height, building openings, and fire protection needs, etc. 4) Construction and demolition may have an effect on the adjacent property owners and travelers on nearby streets. Any work requiring the closing or rerouting of residents, travelers, or visitors to the adjacent properties and streets should be coordinated as to offer the least amount of inconvenience. 5) The applicant shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required.

Page 42

C-13-11 Dover Christian Church: Conditional Use Site Plan DAC Report of October 9, 2013 Page 10 6) The applicant shall be aware that Conditional Use 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. The Building Permit submission must comply with the conditions of approval of the pertaining to the architectural requirements of the COZ-1. 7) The applicant shall be aware that Conditional Use 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. 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.

Page 43

C ITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE A PPLICATION R EVIEW C OMMENTARY S TAFF D.A.C. MEETING DATE: OCTOBER 2, 2013 A PPLICATION : DOVER C HRISTIAN CHURCH FILE #: C-13-11 R EVIEWING AGENCY : City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: E LECTRIC - 302-736-7070 / PUBLIC WORKS – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : C ITY AND STATE CODE R EQUIREMENTS ELECTRIC 1. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/Public-Documents-4017/. 2. The roadway and curbing must be in. 3. The right-of-way must be within 6" of final grade. 4. The property corners must be staked. 5. Owner is responsible for locating all water, sewer, and storm sewer lines. 6. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 7. Owner is responsible for site and/or street lighting. 8. Meter locations will be determined by City of Dover Engineering Department. 9. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 10. 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. 11. 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. 12. 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. 13. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 14. 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. 15. 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.

Page 44

Dover Christian Church File #: C-13-11 October 2, 2013 Page 2 of 4 WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. The minimum spacing between fire hydrants and hydrant valves shall be fifteen feet (15’). (See construction detail W- 3 of the Water / Wastewater Handbook). WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any

Page 45

Dover Christian Church File #: C-13-11 October 2, 2013 Page 3 of 4 sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures, including cleanouts. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer mains showing that velocity and all other requirements are met. Any projected future flow requirement must be clearly identified. 6. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 7. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 8. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. S TORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. S TREETS / SANITATION / GROUNDS 1. None. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of underground utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) month notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER / WASTEWATER / STORMWATER / STREETS /SANITATION / GROUNDS / GENERAL 1. None. A DVISORY COMMENTS TO THE A PPLICANT ELECTRIC 1. None WATER

Page 46

Dover Christian Church File #: C-13-11 October 2, 2013 Page 4 of 4 1. It is recommended that the developer coordinate with the Leander Lakes development to the south to obtain water service. If the water infrastructure necessary for service is not installed prior to construction of this project, the developer shall provide another method of connecting to water services. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. WASTEWATER 1. It is recommended that the developer coordinate with the Leander Lakes development to the south to obtain wastewater service. If the wastewater infrastructure necessary for service is not installed prior to the construction of this project, the developer shall provide another method of connecting to wastewater service. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, the sanitary sewer system plans may be required to be submitted to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. SANITATION 1. Sanitation service must be provided by a private contractor. S TORMWATER / S TREETS / G ROUNDS 1. None GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

Page 47

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: D S O H V A E L R APPLICATION: Dover Christian Church 1738 Forrest Ave FILE #: C-13-11 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 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: Proposed building is 9,600 Sq. Ft assembly occupancy. Submitted fire lanes are ok. Show required perimeter access on drawing. Any gas fired HVAC equipment must be equipped with emergency cutoff switches remotely located. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection. Full building and fire plan review is required. Building cannot be occupied or construction or renovations started until completion of building and fire plan review. 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. Sprinkler system required. System to be monitored.

Page 48

Fire alarm system required. Voice Evac if over 300 persons. Knox Box required. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Assembly Occupancy. The City of Dover uses the 2012 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2012 Delaware State Fire Prevention Regulations. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. 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.

Page 49

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: October 2, 2013 T =============================================================== APPLICATION: Dover Christian Church FILE#: C-13-11 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. The proposed entrance location on Dover High Drive is within the proposed stormwater bay area of Leander Lake Apartments project. The Department recommends the necessary coordination between the two projects in order to resolve this issue. 2. In order to be issued a Letter of No Objection (LONO), the department will require the applicant to provide the proper forms, fees, and plans. 3. A Traffic Impact Study (TIS) will be required for this project, since the proposed development exceeds 50 VPH (Vehicle per Hour) or 400 VPD (Vehicle per Day). When the study is completed, DelDOT will review it and send the recommendations of the improvements to the City. The improvements contained in the study will be implemented by the developer per DelDOT's discretion. To set up a scoping meeting for this project, please contact Mr. Troy Brestel at (302) 760-2167 or via e-mail at Troy.Brestel@state.de.us. In addition, the department will allow a payment towards an Area-Wide Study Fee for the additional trips, in lieu of performing the TIS. The Area-Wide Study Fee is calculated at $10 per daily trip, and it would be payable to DelDOT prior to the issuance of a Letter of No Objection. Payment of the TIS would exempt the developer from performing the study, but would not exempt them from participation in off-site improvements or a Traffic Operational Analysis if one is required during the review of the entrance plans. If the developers would like to pay the fee in lieu of doing a TIS, the developer should contact me at (302) 760-2145. 4. The applicant will be required to provide a monetary contribution towards the installation of the traffic signal at the intersection of Forest Avenue and the Dover High Drive.

Page 50

5. The proposed monument sign cannot be located within the 15-foot permanent easement (PE) along the site frontage. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

Page 51

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY October 2013 APPLICATION: Dover Christian Church FILE #: C-13-11 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to conditional use site plan of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. 1. Land disturbing activities in excess of 5,000 square feet are regulated under the Delaware Sediment and Stormwater Regulations. A detailed sediment and stormwater management plan must be reviewed and approved by the Kent Conservation District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. 2. A pre application meeting with the site engineer shall be required with the Conservation District prior to plans being submitted for review.

Page 52

CITY OF DOVER Dover/Kent County DEVELOPMENT ADVISORY COMMITTEE Metropolitan APPLICATION REVIEW COMMENTARY Planning Organization D.A.C. MEETING DATE: 10/9/13 APPLICATION: Dover Christian Church on Forest Avenue FILE #: C-13-11 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: James Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 10/21/2013 Project Review C-13-11 Dover Christian Church on Forrest Avenue the site design for this property considers many of the elements under the MPO’s purview. It has reasonable pedestrian access to the site both from DE 8/Forrest Avenue and from Dover High Drive. The development of the Dover High School and in the potential development of Leander Lakes Apartments on the adjacent parcels will likely require review by the Delaware Transit Corporation for the location of a new bus stop. The applicant should coordinate with the adjacent applicants/owners to bring bus service to the area at the discretion of the Delaware Transit Corporation. 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.

Page 88

City of Dover REVISED DATA SHEET FOR RECREATION PLAN REVIEW PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF September 9, 2013 Plan Title: Walker Woods/Walker Woods II (Village of Sherwood) File Number: MI-13-17 Plan Type: Active Recreation Area Plan Location: North Side of Walker Road East of Kenton Road Owner: Walker Woods Properties, LLC Milford Housing Development Corporation Site Area: 77 Residential Units on 9.0722 ± acres Property Use: Proposed Apartments Number of Dwelling Units: Total - 77 dwelling units proposed Zoning Classification: Current Zoning – RG-3 (Group Housing Zone) and ROS (Recreation and Open Space Zone) Proposed Zoning – RG-2 (General Residence Zone) – City Council will act on rezoning request on September 9, 2013. (Application #Z-13-02/ Ordinance #2013-13) PROJECT SUMMARY The proposed project is to redevelop Walker Woods and Walker Woods II into an apartment complex. This will include consolidation of the parcels that currently make up the townhouse community. The proposed project includes 77 dwelling units on 9.0722 acres, which is a density of approximately 8.5 dwelling units per acre. Therefore, the development qualifies for the open space exemption in the Zoning Ordinance, Article 5 – Supplementary Regulations, § 10.5: 10.514 Residential developments of ten (10) or fewer acres with a density over six units per acre. These developments shall be exempt from the area requirements set forth in section 10.16, but shall be required to provide 150 square feet of active recreation area per dwelling unit or 10,000 square feet of active recreation area, whichever is greater. If the commission determines that the construction of some or all of the required active recreation area is not practical or desirable, the commission shall require a cash in lieu donation for the active recreation area determined as not practical or desirable. Cash-in-lieu amount shall be in accordance with subsection 10.173 of this article. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Page 89

Walker Woods/Walker Woods II Redevelopment: Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on September 9, 2013 Page 2 of 3 Proposal for Active Recreation Plan Based on the proposed 77 dwelling units and 150 square feet of recreation area required per unit, the site is required to have 11,550 square feet of recreation area. The applicant has proposed to meet this requirement through a variety of amenities throughout the development. On the southwest portion of the site, there is a community center building with meeting rooms and activity rooms. A playground area is adjacent to this community center. A small tot lot is proposed on the east side of the site. On the east side of the site there is also an ADA accessible picnic area. There is also a proposed five-foot-wide mulch path leading from the picnic area to the end of the cul de sac and an ADA accessible path extended from this to the west side of the site where the playground is. There are three (3) 15’x12’ exercise stations proposed throughout the development. In addition to these amenities, the applicant has proposed a series of benches and relaxation stations scattered through the development. The relaxation stations include a bench, trash receptacle, recycling receptacle, and smoking receptacle on a concrete pad. There are four (4) relaxation stations and nine (9) stand-alone benches distributed throughout the proposed development. The plan shows tree plantings throughout the development, including areas adjacent to the recreation amenities. The following table provides information from the submitted Plan for the Active Recreation Area: Required Provided on Plan Active Recreation 150 S.F. per dwelling unit 11,567 SF provided as Area or a minimum of 10,000 follows: (Article 5 §10.514) SF • Community Center 77 DU = 11,550 SF Meeting and Activity required Rooms • Playground • Age Oriented to • Tot Lot development • 5’ wide mulch path • Parking • ADA accessible path • Setbacks: 30 feet from • ADA picnic area with residential lots and 25 table and grill feet from right-of-way • 9 benches for street • Covered public area • Landscaping • 4 relaxation stations • 3 Exercise stations STAFF RECOMMENDATIONS The following are comments and recommendations from Staff of the Department of Planning & Inspections following review of the Active Recreation Area Plan.

Page 90

Walker Woods/Walker Woods II Redevelopment: Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on September 9, 2013 Page 3 of 3 1. Staff recommends approval of the Active Recreation Area Plan as submitted with the following recommended changes: a. Please provide additional detail on what amenities will be provided as a part of the exercise stations. b. The mulch path should include a defined edging that will prevent encroachment of grass and/or weeds into the mulch path area. c. Include a grill at the picnic area. 2. The ability of the Site Development Plan for this project to move forward is subject to City Council approval of the rezoning application (Z-13-02), which is scheduled for City Council Action on Monday, September 9, 2013. 3. The project, including the Active Recreation Plan, is subject to review and approval of the Site Development Plan by the Planning Commission, which includes: a. Review of the building architecture for the community center; b. Compliance of Site Development Plan with tree planning and landscape requirements in the Zoning Ordinance, Article 5 – Supplementary Regulations, §15 Landscape Guidelines and §16 Tree Planting and Preservation. 4. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units. 10.6 Construction phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that 100 percent of the recreation and open space areas shall be completed prior to issuing building permits for the final 20 percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met. 5. There shall be provisions which ensure that the common open space land and community room (including active recreation area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the maintenance of all common open space. a. Add a note on the Site Plan regarding who is responsible for maintenance, and insurance on the common open space. The Parks, Recreation, and Community Enhancement Committee shall submit to the Planning Commission a report detailing the recommendations as to the Recreation Area Plan.

Page 91

City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF October 9, 2013 PLANNING COMMISSION MEETING OF October 21, 2013 Plan Title: Woodmill Apartments Storage Buildings, Garage Building and Revised Active Recreation Area S-13-19 Plan Type: Site Plan Revised Recreation Area Plan and 6-unit Garage Building Property Location: South side of Farmview Drive and east of Mifflin Road Property Address: 1300 South Farmview Drive Tax Parcels: ED-05-076.10-02-07.01-000 ED-05-076.10-02-56.00-000 Owners: Multi-residential Multi-residential-M, LLC Present Zoning: RG-2 (General Residence Zone) Existing Use: Apartment Complex Proposed Use: Apartment Complex with storage buildings and 6-unit garage building Site Area: 8.553 ac. +/- (north parcel) 5.630 ac. +/- (south parcel) 14.183 ac. +/- (total of both parcels) Building Area: Proposed – 2 storage buildings for a total of 8,800 S.F. Proposed – 6 unit garage building for a total of 1,632 S.F. Waivers Requested: None P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Page 92

CITY OF DOVER City of DEVELOPMENT ADVISORY COMMITTEE Dover Planning APPLICATION REVIEW COMMENTARY Office D.A.C. MEETING DATE: October 9, 2013 APPLICATION: Woodmill Apartments Storage Buildings, 6 Unit Garage Building and Revised Active Recreation Area FILE #: S-13-19 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Tracey Harvey PHONE #: (302) 736-7196 PLAN SUMMARY: This Plan is for review of the Site Plan for the construction of two (2) storage buildings for a total of 8,800 SF, one 6-unit garage building for a total of 1,632 SF and revisions to the Active Recreation Area for the apartment complex. The revisions to the Active Recreation Area are to remove the two (2) existing tennis courts and replace with the two (2) storage buildings. New Active Recreation Area in the form of open space, a picnic table and horseshoe pit will be established on the west side of the property. The project area consists of two parcels of land zoned RG-2 (General Residence Zone). The property site is located at the south side of Farmview Drive and east of Mifflin Road. The owners of record are Multi-residential and Multi-residential-M, LLC. The property address is 1300 South Farmview Drive. Tax Parcels: ED-05-076.10-02-07.01-000 and ED-05-076.10-02-56.00-000. The application partially supersedes S-13-11 Woodmill Apartment Storage Building and Revised Active Recreation Area; information on the Revised Active Recreation Area will be applicable to S-13-19. The apartment complex consists of two (2) parcels of land with eight (8) apartment buildings between the two parcels. The parcel to the north has five (5) buildings and the Active Recreation Area. All of the Active Recreation Area is on this parcel. On the east side of the parcel is the swimming pool, clubhouse, volleyball court, and tennis courts. The swimming pool was constructed as part of a Site Plan (S-00-7). There is a playground located on the west side of the parcel. The parcel to the south has three (3) buildings. The apartment complex was constructed in several phases between 1987 through 1990 (S-90-5). The complex was constructed prior to the Zoning Ordinance requiring Active Recreation Area. The site is considered legal non- conforming with regards to Active Recreation Area. ACTIVE RECREATION AREA Parks, Recreation and Community Enhancement Committee The revisions to the Active Recreation Area were reviewed by the Parks, Recreation, and Community Enhancement Committee at their meeting on April 8, 2013. The revisions include the removal of the two (2) tennis courts, the placement of a picnic table, open space, and

Page 93

S-13-19 Woodmill Apartments Storage Building and Garage Building FINAL DAC Report for October 9, 2013 Page 2 of 6 horseshoe pit on the west side of the property with the existing playground. Based on 258 units the complex requires 1.6288 acres of Active Recreation Area. The revisions will provide 1.75 acre of Active Recreation Area. The Committee recommended approval of the plan with staff comments. The Active Recreation Review Report is attached. Required Provided on Revised Plan Active Recreation Area 275 S.F. per dwelling unit or East: Clubhouse, swimming (Article 5 §10.16) 0.5 acre, greater thereof pool, volleyball court, 258 DU = 70,950 S.F. West: lawn area, horseshoe pit, (1.6288 ac) picnic table, and playground Requires 1.6288 acres area Total of 1.75 acres Active Recreation Amenities Accessibility Distributed throughout the (Article 5 §10.15) development. Accessible access to the community building, volleyball court, and swimming pool. The complex lacks sidewalks throughout the development. Active Recreation Amenities Age Oriented to Clubhouse (Article 5 §10.15) development Playground Area Equipment Swimming pool Volleyball court Horseshoe pit Picnic Table Parking Off-street parking provided for each dwelling unit on the parcels. There are 34 parking spaces located near the Clubhouse and swimming pool. Setbacks: 30 feet from Clubhouse and volleyball court residential lots and 25 feet are legal non-conforming as from right-of-way for street they are located within 30 feet of the property line. The playground and swimming pool are in compliance with the setbacks as required. The other areas shall comply with the 30 foot setback. Landscaping The Revised Active Recreation Plan shows woodland around the proposed area. Two (2) parking spaces will be eliminated along the Active Recreation Area in order to provide access to the Area and two (2) new parking spaces will be constructed between Buildings G and H at the north end of the property to replace the removed spaces.

Page 94

S-13-19 Woodmill Apartments Storage Building and Garage Building FINAL DAC Report for October 9, 2013 Page 3 of 6 PHASE 1: 6 UNIT GARAGE BUILDING The plan is for the construction of a six (6) unit garage building at 1,632 SF for the use of the current residents for the apartment complex. The proposed building will be constructed in the first phase in the parking lot on the east side of Apartment Building L on Parcel 3. The garage consists of six (6) interior parking spaces. The construction of the garage building will occupy the current location of eight (8) existing parking spaces. PHASE 2 AND 3 STORAGE BUILDINGS The plan is for the construction of two (2) storage buildings for the use by the current residents for the apartment complex. The storage buildings will replace the existing tennis courts. The building to the south (Phase 2) is at 4,800 SF. The building to the north (Phase 3) is 4,000 SF. The storage buildings are proposed to be constructed in two phases. The south building is proposed to be constructed in the second phase. The north building is proposed to be built within the third phase. The construction of the second building shall be completed within one year of the issuance of a Certificate of Occupancy for the first building or prior to the expiration of the Site Plan. Parking Summary In the RG-2 (General Residence Zone), based on the current parking requirements there are 2.25 off street parking spaces required for each dwelling unit (2 parking spaces per dwelling unit and 0.25 parking spaces for visitors per dwelling unit). Based on the number of 258 dwelling units a total of 581 parking spaces are required. There are 477 existing parking spaces included on the plan. Since the project does not increase the number of dwelling units on the site, the existing parking will be considered legal non-conforming. A total of twenty-three (23) handicap parking spaces have been included on the Plan. The storage buildings are considered accessory structures and do not require additional parking as they are for use by current tenants of the apartment complex only. The applicant notes that with the proposed construction of the six (6) unit garage a total of eight (8) parking spaces will be removed and two (2) parking spaces will be relocated in the parking lot on the south end of Building N on Parcel 3. The existing cross striping in the parking spaces will be removed to create two (2) parking spaces. Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one for every twenty parking spaces. Based on the number of required parking spaces thirty (30) bicycle parking spaces are required. SITE CONSIDERATIONS Dumpsters There are existing dumpster pads and enclosures throughout the apartment complex. Sidewalks The site has existing sidewalks around the swimming pool and clubhouse. There are also sidewalks leading into the buildings. Lighting There is existing lighting provided on the site.

Page 95

S-13-19 Woodmill Apartments Storage Building and Garage Building FINAL DAC Report for October 9, 2013 Page 4 of 6 Curbing There is limited curbing within the parking areas on the site. There are parking bumpers placed at each parking space. This is an existing condition and is not impacted by the construction of the storage buildings or garage building. BUILDING ARCHITECTURE (Drawings dated 9/6/13): The submission Plan includes the proposed Architectural Elevation drawings for the storage buildings and the garage. The storage buildings and garage will have a pitched roof with asphalt shingles, siding, and large doors on the west side for access for the storage buildings. The storage buildings and garage will reflect the architecture of the existing garages located on the site. TREE PLANTING AND LANDSCAPE PLAN The submitted plan includes the Landscaping details. Based on the 361,217 S.F. of non- woodland area (8.2924 ac. +/- for Site Plan property) for Parcel 2, a total of 121 trees are required. The plan proposes the planting of twenty-five (25) new trees to meet the requirement. There are 96 existing trees on the property. The tree planting requirement for parcel 2 has been met. Based on the 228,461 S. F. of non-woodland area (5.2447 ac. +/- for Site Plan property) for Parcel 3, a total of 76 trees are required. The plan proposes the planting of fifty-three (53) proposed trees; however, there are forty-nine (49) shown on the plan. There are 25 existing trees on the property. Parcel 3 does not meet the tree planting requirement. The new trees will be located within Parcel 2 and Parcel 3. The proposed trees are a mixture of shade and ornamental trees. The mixture includes Honey Locust, Red Cedar, Crape Myrtle, Sweetbay Magnolia, White Pine, White Oak, Willow Oak and Village Green Zelkova. For the tree planting calculation, the two parcels of land on which the buildings are being constructed are being used. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The project data column needs to be updated prior to Final Approval. Some of the items which need revising are as follows: a) A total of 581 parking spaces are required based on the number of apartment units and the current parking requirement. There are 477 spaces included on the plan. Since there will not be any construction of apartment buildings increasing the number of dwelling units on the site, the existing parking will be considered legal non-conforming. However, any impact to the existing number of parking spaces must be compensated for with this project. Add a note to the plan the parking is considered legal non-conforming. b) Based on the bicycle parking calculation for 1 space for every 20 parking spaces, a total of 30 parking spaces are required. There are twenty-five (25) on the plan. Seventeen (17) parking spaces are required for Parcel 2 and thirteen (13) parking spaces are required for Parcel 3. Identify five (5) additional bicycle parking spaces on the plan. Add the bicycle parking calculation to the plan.

Page 96

S-13-19 Woodmill Apartments Storage Building and Garage Building FINAL DAC Report for October 9, 2013 Page 5 of 6 2) Clarify the number of parking spaces that will be removed for the proposed 6-unit garage. 3) Revise the number of proposed trees that will be planted on Parcel 3. The tree planting calculation for Parcel 3 requires a total of seventy-six (76) trees. There are 25 existing trees on the site, and 53 proposed in the data column; however, there are 49 proposed trees on the plan. Two (2) trees need to be added to meet this requirement. a) Revise the number of proposed trees on the Landscape Plan to reflect the actual number of proposed trees. 4) Provide a note indicating if the storage buildings will be climate controlled. 5) A City of Dover Business License is required for each individual landscape architect professional engineer, or professional land surveyor doing business within the City. The City of Dover Business License application can be found on the city’s website, www.cityofdover.com. A City of Dover Business License for each individual engineer, architect, or landscape architect shall be obtained prior to Final Site Plan Approval. Please contact the Planning and Inspections Department at 302-736-7010 with any questions. 6) The construction of the second and third building of this project shall be started within one year of the issuance of a Certificate of Occupancy for the previous building or prior to the expiration of the Site Plan. The improvements to the Active Recreation Area must be completed prior to issuance of a Certificate of Occupancy for the first Storage Building. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Staff recommends the addition of additional picnic tables and/or benches within the proposed Active Recreation Area on the west side of the property. 2) Staff recommends the addition of at least one grill within the proposed Active Recreation Area on the west side of the property. 3) Staff recommends the addition of evergreen trees on the north end of the Active Recreation Area as additional screening from adjacent residences. 4) Staff recommends the architecture of the storage buildings have a pitched roof, horizontal siding, a similar color to the apartment buildings and other details found in the apartment buildings. 5) Staff recommends the architecture of the 6 unit garage building have a pitched roof, horizontal siding, a similar color to the apartment buildings and other details found in the apartment buildings. ADVISORY COMMENTS TO THE APPLICANT: 1) The storage buildings and garage shall be for use by the residents of the apartment complex only. The storage buildings and garage shall not be used by other people or organizations outside of the apartment complex. A note to this effect must be listed on the Site Plan.

Page 97

S-13-19 Woodmill Apartments Storage Building and Garage Building FINAL DAC Report for October 9, 2013 Page 6 of 6 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) In the event, that major changes and revisions to the Site Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other commissions making recommendations in regards to the plan. 5) There shall be provisions which ensure that the common open space land (including Active Recreation Area) shall continue as such and be properly managed and maintained. 6) Construction may have an effect on the existing Active Recreation Area. Any work requiring the closing or rerouting of uses to the existing amenities should be coordinated as to offer the least amount of inconvenience. 7) For building construction, the requirements of the building code or fire code must be complied with. Consult with the Chief Building Inspector and Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building setbacks from property line, building dimensions and height, building openings, and fire protection needs, etc. 8) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required. 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. 10) 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. 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.

Page 98

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: OCTOBER 2, 2013 APPLICATION: Woodmill Apartments Storage Buildings & Garage Building and Revised Active Recreation Area FILE #: S-13-19 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department.

Page 99

Woodmill Apartments Storage Buildings & Garage Building; Revised Active Recreation Area File #: S-13-19 October 2, 2013 Page 2 of 2 WATER 1. Per the Water / Wastewater Handbook, “No structures, including permanent signage, may be located within ten feet (10’) of water infrastructure, please locate any water infrastructure on the plan to verify the proposed improvements do not conflict with any underground water infrastructure. WASTEWATER 1. Per the Water / Wastewater Handbook, “No structures, including permanent signage, may be located within ten feet (10’) of water infrastructure, please locate any wastewater infrastructure on the plan to verify the proposed improvements do not conflict with any underground wastewater infrastructure. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. STREETS / SANITATION / GROUNDS 1. None GENERAL 1. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. WATER 1. Be advised that if the fire suppression is required, further review will be provided by the Department of Public Works. WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 1. None. GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

Page 100

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: May 1, 2013 D S O H V A E L R APPLICATION: Woodmill Apartment Storage Buildings FILE #: S-13-11 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 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: Show on the drawing the required perimeter access per Delaware State Fire Prevention Regulations. Consultation with Fire Marshal can be requested. Show closest hydrant to proposed buildings on site plan. Full building and fire plan review is required. Building cannot be occupied or construction or renovations started until completion of building and fire plan review. Sprinkler system required in buildings are over 2500 Sq. Ft. or one hour separation between units is required. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT:

Page 101

Fire Marshal Comments S-13-11 Woodmill Apartments Storage Buildings May 1, 2013 Page | 2 After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Mini Storage Occupancy. The City of Dover uses the 2012 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2012 Delaware State Fire Prevention Regulations. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. 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.

Page 102

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: October 2, 2013 T =============================================================== APPLICATION: Woodmill Apartment Storage Buildings and Revised Active Recreation Area at Woodmill Apartments FILE#: S-13-19 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: The Department has no comments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

Page 103

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY October 2013 APPLICATION: Woodmill Apartment Storage Buildings FILE #: S-13-19 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to our office. Construction inspection fees based on developed area and stormwater facility maintenance inspection fees based on the number of stormwater facilities are due prior to the start of construction. Please refer to the fee schedule for those amounts. 2. The following notes must appear on the record plan:  The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection.  The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. ADVISORY COMMENTS TO THE APPLICANT: 1. The site may be eligible for a quantity stormwter management waiver. The plans show the removal of the existing tennis courts; this may reduce the amount of impervious that would be counted toward construction. The site must be designed for quality requirements. 2. Green Technologies (filter strips, bio swales etc.) must be considered before traditional facilities can be considered. 3. The preferred methods of stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 4. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 5. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management plan has been approved.

Page 109

City of Dover DATA SHEET FOR CONCEPTUAL SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF October 9, 2013 PLANNING COMMISSION MEETING October 21, 2013 Plan Title: Wynsome Oaks SB-13-05C Plan Type: Conceptual Subdivision Plan Applicant/Owner: TLFD Management, LLC Project Engineer: Kercher Engineering, Inc. Location: Southeast side of White Oak Road, southwest of Mourning Dove Lane Tax Parcel: LC-05-068.00-01-18.00-000 Site Area: 12.73 acres ± Zoning: R-8 (One Family Residence Zone) SWPOZ (Source Water Protection Overlay Zone) Tier 2 Primary Wellhead Protection Present Use: Vacant Proposed Use: Residential Subdivision – 12 lots, Active Recreation Area, and residual areas Sanitary Facilities: City of Dover Water Supply: City of Dover Waivers Requested: Exceed the Maximum Length of a Dead End Street Partial Elimination of Sidewalk (along White Oak Road Frontage) P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Page 110

C P I L CITY OF DOVER T A Y N DEVELOPMENT ADVISORY COMMITTEE N O I APPLICATION REVIEW COMMENTARY F N G D.A.C. MEETING DATE: October 9, 2013 D O V E R APPLICATION: Wynsome Oaks– Conceptual Subdivision Plan FILE #: SB-13-05C REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: 302-736-7196 PLAN SUMMARY Conceptual Subdivision Plan Review to permit the subdivision of land totaling 12.73 acres ± into twelve (12) parcels for single family detached dwellings with a number of areas for open space and an Active Recreation Area. The property is zoned R-8 (One Family Residence Zone) and is subject to the SWPOZ (Source Water Protection Overlay Zone). This property is located on the southeast side of White Oak Road, southwest of Mourning Dove Lane. The owner of record is TLFD Management, LLC. Tax Parcel: LC-05-068.00-01-18.00-000. Previous Applications The Planning Commission reviewed a rezoning application for this property in April 2010 and the property was rezoned from R-15 (One Family Residence Zone) to R-8 (One Family Residence Zone) in May 2010. This property was then reviewed for a subdivision as Application SB-10-02C Wynsome Oaks Subdivision: Conceptual Plan on September 20, 2010; however, that plan has expired. Application SB-10-02C did receive a one year extension which extended the timeframe to September 30, 2012 to complete the next step of filing the Preliminary Subdivision Plan; however, that did not occur and the plan has expired. Preliminary Land Use Services Review (PLUS) The Wynsome Oaks Subdivision project was reviewed on February 24, 2010 by the Preliminary Land Use Services (File #2010-02-01). A PLUS Review comment letter was issued on March 23, 2010. The applicant at the time was required to provide a copy of the written response to the Office of State Planning Coordination regarding the PLUS Comments. This previous PLUS Review is still valid as PLUS reviews do not expire. Since the subdivision is the relatively the same as the one reviewed under PLUS #2010-02-01 then a new PLUS review is not required. PLUS comments include the comment that the State does not support this subdivision due to its location east of State Route 1. SITE CONSIDERATIONS The minimum lot area for lots within the R-8 (One Family Residence Zone) Zoning District is 8,000 SF. The lots within this proposed subdivision meet or exceed the minimum lot size requirements. The lots will be 8,000 SF in size or greater. In addition, there are several separate

Page 111

SB-13-05C Wynsome Oaks Subdivision Conceptual Plan DAC Report for October 9, 2013 Page 3 of 7 parcels that are devoted to Open Space (woodland areas) and the Active Recreation Area and as such should be clearly noted on the plan and in the record documents including deeds. This subdivision of land and any future development on the parcels is subject to the requirements found in the City of Dover Zoning Ordinance, Article 3 §1 and referenced sections which outline the permitted uses for the R-8 (One Family Residence Zone). The following table highlights some of the design standard requirements for the R-8 (One Family Residence Zone). (NOTE: This chart is not an all-inclusive listing of the code requirements, but is provided as information on development requirements.) MINIMUM REQUIRED: R-8 One Family Residence Zone Lot Area 8,000 SF Lot Configuration – width (ft.) 70 ft. Lot Configuration – depth (ft.) 100 ft. Front yard setback (ft.) 25 ft. Residential zone setback (ft.) 10 ft. Side yard setback (ft.) 20 ft. Rear yard setback (ft) 30 ft. Off-Street Parking Spaces 2 per dwelling Maximum Permitted : Building Height: Stories 2 ½ stories 1) Feet 35 feet Lot Coverage 35% Since this property is zoned R-8 it is subject to the provisions of Zoning Ordinance, Article 5 §1.7 Uniformity of design in all one-family residence zones. These provisions limit construction of buildings that are like or substantially like a neighboring building in order to prevent monotony of architectural design. Wet Soils and Basements The Zoning Ordinance Article 5 §11.23 regarding wet soils limits the building construction when seasonally high water table is within two and one-half feet of the surface and requires construction subject to conditions to address the prevention of water damage. Subdivision plans must identify the seasonal high water table on each lot if basements are proposed. Source Water Protection Overlay Zone (SWPOZ) This property is subject to the requirements of the Source Water Protection Overlay Zone (SWPOZ) as outlined in Article 3 §29. The proposed subdivision is located within Tier 2 Primary Wellhead Protection. The development of the site as residential is permitted in the SWPOZ. The additional compliance items in the SWPOZ are related to proximity to the wellhead; no wellhead locations impact this parcel. There are requirements for stormwater management within the Tier 2 area (See Article 5 §29.86). Waiver Request: Partial Elimination of Sidewalk The plan has indicated sidewalks along both sides of the proposed internal streets. Sidewalk is also required along the property’s entire frontage of White Oak Road. A written waiver request to allow for the elimination of sidewalk along White Oak Road has been submitted to the Planning Office for consideration by the Planning Commission (Letter of September 6, 2013).

Page 112

SB-13-05C Wynsome Oaks Subdivision Conceptual Plan DAC Report for October 9, 2013 Page 4 of 7 The request notes limitations to sidewalk construction in this area due to existing utilities (water main), drainage ditch, and construction limitations. Streets The Subdivision Plan proposes one (1) entrance street off of White Oak Road. The proposed street extends south into the site. A cross street is proposed slightly past half way off of the proposed entrance street to connect to the adjacent land to the west. The proposed entrance street will have a paved width of twenty-four (24) feet that will expand to a thirty (30) feet of paved street width one within the subdivision. The right-of-way for all streets will be a sixty (60) feet of width. The 30 feet of paved street width will allow for on street parking on one side of the street. The proposed cross street appears to have 24 feet of paved street width and will not allow for any on street parking. Waiver Requested: Length of Dead-end Street The proposed dead end street is approximately 1033+/- feet in length when measured from White Oak Road to the center point of the cul-de-sac. The proposed dead end street exceeds the permitted length of a dead end street per the Land Subdivision Regulations. A portion of this entrance street (located south of the proposed cross street) that will end in cul-de-sac is 400 feet in length and would be permitted. However, until the road connection to the west is established the entire street will be a dead-end street exceeding 400 feet in length. A written waiver request (Letter of September 6, 2013) has been submitted to the Planning Office for consideration. The Planning Commission will make a recommendation on this waiver request and to be forwarded to the appropriate Council Committee and with final action by the Dover City Council. TREE PLANTING AND LANDSCAPE PLAN The property is almost entirely wooded. The amount of woodland on the site and the proposed amount of woodland to be cleared is identified on the plan. The maximum amount of woodland clearing permitted by Code (without mitigation) to occur is 50%; this project proposes clearing 49.7%. Street tree plantings will be required as a part of the subdivision. Tree plantings for each individual lot and other tree plantings will be addressed in the Preliminary Subdivision Plan. Initial calculations indicate ninety-two (92) trees will be required for the project’s non- woodland area of 275,734.8 SF. ACTIVE RECREATION AREA The residential subdivision will also need to provide an Active Recreation Area based on the number of dwelling units. Based on twelve (12) dwelling units, a total of 3,300 SF of Active Recreation Area will need to be provided. The applicant has proposed designating a parcel of 21,896 SF for this area. The proposed Active Recreation Area Plan must be received by the Parks Recreation & Community Enhancement Committee prior to review of a Preliminary Subdivision Plan. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.

Page 113

SB-13-05C Wynsome Oaks Subdivision Conceptual Plan DAC Report for October 9, 2013 Page 5 of 7 CITY AND STATE CODE REQUIREMENTS: 1) Provide a copy of the applicant’s response to the PLUS Review Comment letter of March 23, 2010. 2) A written waiver request to exceed the maximum length of a dead-end street has been submitted to the Planning Office for consideration by the Planning Commission with final action by City Council. 3) Sidewalk shall be constructed in accordance to the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request for elimination of sidewalk along White Oak Road has been submitted for consideration by the Planning Commission. 4) Indicate any existing or future easements (drainage, utilities, etc.) on the site. 5) The Site Data and Zoning Schedule will need to be updated with the following: a) Any changes recommended or approvals or waivers granted by the Planning Commission and/or City Council. b) Clarify the number of lots proposed as the number and locations differ within the plan set. Update plan drawings and data listings. c) Provide percentage of woodland cleared. d) Add SWPOZ (Source Water Protection Overlay Zone) as a zoning district. e) Update General Notes references from Public Utilities to Public Works. f) Identify source of wetlands information. 6) Sheet 2: a) The size of the residual parcels must be identified on the Record Plan. b) Revise the rear setbacks on the plan sheet. The required rear yard setback is 30 feet; however, the plan shows 20 foot rear yards. c) Provide a note stating that the remaining woodland areas are not developable lots and that woodland areas are to remain. d) Provide a note on the Record Plan identifying the Active Recreation Area parcel and its use as it will not be a lot for a residential dwelling development. e) Indicate the maintenance responsibility for the stormwater management areas and remaining woodland areas. 7) Sheet 3: Identify the location of the existing woodland areas on the property. 8) Sheet 4: a) Clarify the proposed contour lines shown. It appears that a significant amount of grading and fill is necessary for the development of the road network and lots for this site. b) It appears that a drainage easement on the adjacent Bay Village of Dover LLC property will be necessary to access the Tax Ditch for the stormwater management outfall. Also ensure appropriate permissions are received for use of the Tax Ditch. 9) Sheet 7: a) Label paved width of west connection street/cross street.

Page 114

SB-13-05C Wynsome Oaks Subdivision Conceptual Plan DAC Report for October 9, 2013 Page 6 of 7 b) A specific side of the street will need to be identified for parking and the opposite side signed for no parking. c) Update references to Public Works. d) Clarify note regarding the roadway patch (floating on the plan drawing). 10) Evaluate the need for a temporary turnaround for west connection street segment. This will also need to be labeled/signed as a future street connection. 11) If basements are proposed, then the seasonally high water table must be identified for each lot. Construction is subject to specific requirements. See Zoning Ordinance, Article 5 §11.23. 12) Revise the name of the subdivision and provide names for the streets within the subdivision. The Kent County GIS Division – 911 Addressing section in conjunction with the City of Dover, must approve the development name and street names. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Recommendation on Waiver Requests: a) Partial Elimination of Sidewalk: Staff recommends approval of the request to eliminate sidewalk along the entire frontage of White Oak Road. The applicant has noted a ditch and utility infrastructure are located in this area and the increase in impervious surface could further impact the drainage situation in this area. Placement of the sidewalk on the property and not within the right-of-way would require the loss of additional woodland and would still impact the ditch. b) Exceed Maximum Street Length of a Dead End Street: Staff recommends approval of the request to exceed the maximum length of a dead end street. The subdivision is proposing a connection to the west and when the connection is made the length of the dead end street will more closely comply with the limitations of dead-end street length as required in the Land Subdivision Regulations. 2) Staff is concerned with the level of tree clearing proposed for the development of this site. The plan proposes that very close to 50% of the existing woodland to be cleared for the development. Any significant design changes may impact the amount of woodland to be preserved. It is noted that clearing of woodland areas over 50% requires approval by the Planning Commission of a Tree Mitigation Plan to re-establish woodland areas. ADVISORY COMMENTS TO THE APPLICANT: 1) The waivers are at the discretion of the Planning Commission. However, regarding the dead- end street waiver request, the Planning Commission will provide a recommendation. Such a waiver request requires a Safety Advisory and Transportation Committee recommendation and City Council consideration for final approval or denial. 2) Active Recreation Plan submission is the next step in the subdivision process. The Active Recreation Plan will be reviewed by the Park, Recreation and Community Enhancement Committee prior to review by the Planning Commission. Contact the Planning Office to schedule a meeting with Planning Staff to discuss the Active Recreation Area.

Page 115

SB-13-05C Wynsome Oaks Subdivision Conceptual Plan DAC Report for October 9, 2013 Page 7 of 7 3) The Conceptual Plan is the first step in the major subdivision process. For this project, the next step is the submission of the Preliminary Subdivision Plan for review. A Pre- Application meeting is required to file the Preliminary Subdivision Plan. 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 developer shall be aware that Street Lights shall be required to be installed in conjunction with the construction of subdivision streets. The developer shall coordinate street light placement and electric utility routing and equipment with the City of Dover Electric Department. 6) In the event, that major changes and revisions to the Conceptual 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 commissions making recommendations in regards to the plan. 7) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required. 8) Tree protection devices must be installed by the developer prior to any grading or clearing activity and before the issuance of Building Permits for the site. 9) Construction activities will have an effect on the adjacent property owners and to travel lanes and/or shoulder area of the adjacent roadway. Any work requiring the closing or rerouting of potential residents or visitors to adjacent properties should be coordinated as to offer the least amount of inconvenience to the adjacent property owners and the roadway. 10) The applicant shall be aware that Conceptual Subdivision approval does not represent a Building Permit, Sign Permit and other associated construction activity permits. A separate application process is required for issuance of a 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.

Page 116

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: OCTOBER 2, 2013 APPLICATION: Wynsome Oaks Subdivision on White Oak Road FILE #: SB-13-05 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. All cable and electrical equipment will be installed along the right-of-way in front of the lots. 7. Owner is responsible for site and/or street lighting. 8. Meter locations will be determined by City of Dover Engineering Department. 9. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 10. 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. 11. 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. 12. 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. 13. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 14. 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. 15. 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.

Page 117

Wynsome Oaks Subdivision on White Oak Road File #: SB-13-05 October 2, 2013 Page 2 of 6 WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. 4. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. All water mains shall be cement lined Class 52 cement lined ductile iron pipe. Division valves must be provided every 800 feet. 5. Water service lines shall be shown for each residential lot meeting the following requirements: The water services shall be one-inch (1”) diameter Type K copper tubing, and installed five feet (5’) to the right of the sewer lateral as viewed from the center line of the street. Curb stops shall be installed one foot (1’) outside of the right-of-way for each lot. A water meter and meter pit must be installed on the domestic water service, in a non-traffic bearing location just downstream of the curb stop. 6. Fire hydrants shall be spaced no greater than 600 feet as measured along the curb. Fire hydrants shall be placed between the curb and sidewalk at intersections or centered on lot lines. Fifteen feet (15’) separation must be provided between all hydrants and hydrant valves. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. All sanitary sewer mains shall terminate at manholes between construction phases. This may require sewer lines to extend beyond the proposed phase lines to the next manhole. 4. Minimum slope criteria shall meet Ten States Standards. Provide flow calculations to justify sizing of the sewer mains, showing that velocity requirements are met. Waiver requests must be approved by the Department of Public Works.

Page 118

Wynsome Oaks Subdivision on White Oak Road File #: SB-13-05 October 2, 2013 Page 3 of 6 5. The desired location for sewer mains is under the centerline of the street. One-tenth of a foot (0.1’) drop must be provided across all manholes. The minimum slope for eight-inch (8”) sanitary sewer pipe is 0.004 feet/feet. Minimum cover is 3.0 feet. 6. Sanitary sewer manholes shall be spaced no more than 400 feet apart. 7. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 8. 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. 9. Sanitary sewer laterals shall be shown for each residential lot meeting the following requirements: The sewer laterals shall be six-inch (6”) diameter schedule 35 PVC and, where practicable, installed to the center of each lot. Sewer laterals shall be connected directly to the main, not manholes, unless impracticable. Sewer laterals are to be installed one foot (1’) beyond the right-of-way line at a typical depth of three feet (3’), preferably not exceeding five feet (5’). Cleanouts shall be installed one foot (1’) outside of the right-of-way for each lot. 10. The existing manhole must be core drilled and an approved (by our office) pipe to manhole connector must be used to construct the connection for installation of the sewer main. The existing manhole flow channel must be reconstructed accordingly. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. 3. Submerged pipe inlets to ponds may only be permitted if they are so designed that the permanent pool elevation of the storm water management area doesn’t surcharge back into the City of Dover’s storm drain structures and system. 4. The City of Dover Department of Public Works specifications require all culverts to be designed for the 25-year storm frequency and all storm sewers to be designed for the 10-year storm frequency. The Manning’s equation shall be utilized in design as applicable. Storm sewers are required to provide a minimum full flow velocity of 2 fps. Provide the calculations for each proposed pipe segment that, at a minimum, include: upstream and downstream inverts, upstream and downstream ground elevations, and ground cover provided; pipe slope, length, material, n value, and diameter; design flow, depth and velocity; and full flow and velocity. 5. The City of Dover Department of Public Works specifications require that all inlets (catch basins) be designed for the 10-year storm frequency (25-year storm frequency for sump conditions) and that the spread of water shall not exceed eight feet (8’) from the flow line of the curb. The design must also meet the requirement that the hydraulic grade line may be no higher than one foot (1’) below the top of the inlet. Provide the calculations for each proposed catch basin utilizing flows determined by each catch basin’s contributory drainage area, for the appropriate storm frequency. Spread, depth of flow and hydraulic grade line data for each inlet must also be included. Any carryover should also be noted and included at appropriate downstream catch basins as applicable. 6. Provide all stormwater management calculations and erosion and sedimentation control plan as required by Article 5, Section 11.2 and 11.2 of the City of Dover Zoning Ordinance. Ensure that individual lot grading, house locations with finished floor elevations, and driveway locations and grades are provided on the plans in order to verify the adequacy of the design. The provided information should also show adequate conveyance of runoff from each lot. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. 3. It shall be unlawful for any person to alter the curb of any street so as to create a curb depression for the purpose of permitting vehicles to enter onto or exit from the city streets, without a permit issued by the city manager.

Page 119

Wynsome Oaks Subdivision on White Oak Road File #: SB-13-05 October 2, 2013 Page 4 of 6 4. When determined to be necessary, dead-end streets, designated to be so permanently, shall not be longer than 400 feet and shall be provided at the closed end cul-de-sac with a turnaround having an outside roadway diameter of 80 feet and a street right-of-way diameter of 100 feet. In no instance shall more than 20 percent of the lots in a proposed development front on the turnaround section of a cul-de-sac. 5. Streets shall be laid out so as to intersect as nearly as possible at right angles. The inner right-of-way line of a street intersecting another street at an angle of less than 90 degrees shall be tangent to and follow a curve with a minimum radius of 150 feet centered on the nearest right-of-way line and shall be parallel to said inner right-of-way line. 6. Street right-of-way lines deflecting from each other at any point shall be connected with a curve, the radius of which, for the centerline of the right-of-way, shall not be less than 500 feet on arterial streets, 300 feet on collector streets and 150 feet on minor streets. The outer and inner right-of-way line shall be parallel to said center right-of-way line. 7. Street rights-of-way lines at intersections shall be connected with a curve, the radius of which shall be at least 25 feet. The required radius may be increased by the city engineer if the increased radius is necessary for public safety. 8. Street grades shall not exceed five percent. 9. Street grades shall not be less than one-half percent wherever feasible. SANITATION 1. Every person occupying a residence or duplex and every owner of an apartment shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. GROUNDS 1. An official street tree species list has been approved by the superintendent of grounds for tree plantings along streets and avenues of the city. (The official list will be kept on file in the office of the city clerk.) No species other than those included in this list may be planted as street trees without the written permission of the superintendent of grounds. 2. Spacing of trees shall be determined by the superintendent of grounds, but, generally, all large trees shall be planted no closer than 35 feet, medium trees no closer than 30 feet and small trees no closer than 25 feet, except in special plantings designed or approved by a landscape architect. 3. No street tree shall be planted closer than 30 feet to any street corner and no closer than ten feet to any fireplug. 4. Only trees listed as small to medium shall be planted under power lines; and no trees shall be planted within ten feet of any underground water line, sewer line, transmission line or other utility. 5. It shall be unlawful and a nuisance for any person to plant any vegetation in any public right-of-way. Upon receipt of notice from the city to remove any vegetation located in a public right-of-way, the owner of the abutting property shall remove such vegetation at his own expense within the time limit provided in such notice. 6. It shall be unlawful and a nuisance for any person to plant any tree, shrub or bush within 16 feet of the curbline. Upon receipt of notice from the city to remove any tree, shrub or bush which is located within 16 feet of the curbline, the owner of the property upon which such tree, shrub or bush is located shall remove the same at his own expense within the time limit fixed in such notice. GENERAL 1. Add the following note to the plans, “A seven and one half feet (7.5’) wide easement is retained along all side and rear lot lines, to be unoccupied by building, for utilities, drainage and sanitary sewer purposes. Except where lots are divided for any reason whatsoever, said easements shall fall along the actual side and rear lot lines as conveyed. A fifteen feet (15’) wide utility easement is retained along all rear lines of lots abutting the project boundary and other open spaces.” A ten feet (10’) wide utility easement is required along all front yard lot lines for utility installation. When a water, sewer, or storm sewer main is not located in the right of way, it shall be located within five feet (5’) of the center of a twenty feet (20’) wide utility easement. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format).

Page 120

Wynsome Oaks Subdivision on White Oak Road File #: SB-13-05 October 2, 2013 Page 5 of 6 3. 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. 4. No trees shall be planted within the vicinity (10 feet) of any underground utilities (electric, water, sanitary sewer, storm sewer, etc.). All street trees shall be planted on private property. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/media/documents/2010%20Electric%20Service%20Handbook.pdf WATER / WASTEWATER / STREETS / SANITATION / GROUNDS / GENERAL 1. None. STORMWATER 1. Profiles of the storm sewer must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. 2. This site currently contains various drainage issues. In the event basements are to be provided as part of the proposed subdivision, consideration for the flow from sump pumps and other associated facilities, including calculations, are to be submitted to our office for our review. This is to ensure that the overall drainage plan for the site is adequate in accordance that noted previously. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. 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 two (2) times per year during system wide flushing operations. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, the sanitary sewer system plans must be submitted to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. 4. A sanitary sewer stub is also available through the Oak Shadows subdivision to the east. Analysis of the most prudent connection location should be included as part of the subdivision design. Utility dedication of this subdivision is currently pending.

Page 121

Wynsome Oaks Subdivision on White Oak Road File #: SB-13-05 October 2, 2013 Page 6 of 6 STORMWATER 1. Profiles of the storm sewer must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. STREETS 1. Street profiles must be provided with the construction plans. 2. All streets to be dedicated to the City must meet the City of Dover Department of Public Works specifications. a. Pavement sections must be designed based upon poor soil conditions unless soil boring data is provided showing otherwise. Structural number calculations must be submitted for review and a pavement cross section detail must be included within the plan set. b. All curbing within the right-of-way shall be DelDOT Type III curb and gutter. All curb radii must be labeled on the plan. In particular, a minimum radius of twenty-five feet (25’) must be provided at all street intersections. A construction detail of the Type III curb and gutter must be provided on the plan. c. Sidewalk proposed within the right-of-way shall be constructed as per the City of Dover Standards and Specifications. All sidewalks must be poured by hand; curb machine slip formed sidewalks will not be permitted. The sidewalk must be scored in five feet (5’) squares using hand tooled joints. All tool marks shall be removed as tool finished edges are not permitted. Expansion joints shall be installed at a spacing of twenty feet (20’) and shall be precut, one-half inch (½ “) thick, four-inch (4”) wide, cork sheets. All sidewalk proposed within the right- of-way shall consist of Class B concrete, without reinforcing material, in order to prevent future interference with utility locating. The proposed five feet (5’) wide public sidewalk shall be installed 5 feet from the back of curb. The sidewalk cross slope shall not exceed 2% including across the driveways to ensure ADA and FHA compliance. A sidewalk construction detail containing the above information must be provided on the plan. d. All barrier free access ramps and driveway aprons constructed with the site improvements shall be in accordance with the most current ADA and DelDOT requirements and standards at the time of construction. To meet cross slope requirements a five feet (5’) wide grass strip must be provided between a five feet (5’) sidewalk and the curb. e. Signage and markings must be included with the site plan in accordance the Manual for Uniform Traffic Control Devices. Signage proposed for streets to be dedicated to the City of Dover must be included on the plan (no parking signs, speed limit signs, street blades, stops signs, watch children, etc.) All signs must be installed on two-inch (2”) square break away sign posts. SANITATION / GROUNDS 1. None GENERAL 1. Provide a materials listing table for proposed water mains and services, proposed sanitary sewer mains and services, and proposed storm sewer. A table listing all infrastructure elements to be dedicated to the City of Dover must also be provided on the plans. 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 .

Page 122

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: D S O H V A E L R APPLICATION: Wynsome Oaks Subdivision_ FILE #: SB-13-05 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 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. During construction, every building shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width to withstand the live loads of fire apparatus and having a minimum of 13 feet 6 inch vertical clearance. Dead-end Fire Department access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of Fire Department apparatus. 2. Water supply for fire protection either temporary or permanent shall be made available as soon as combustible material accumulates. There shall be no delay in the installation of fire protection equipment. Where underground water mains and hydrants are to be provided, they shall be installed, completed and in service prior to the construction work. 3. Building permits will not be issued until the area has been inspected for the condition of the roadway and fire protection water is available. 4. Any gas fired HVAC equipment must be equipped with emergency cut off switches remotely located. 5. Address numbers of at least 4 inches in height must be placed on the street side of each Residence.

Page 123

DAC REPORT Page 2 Wynsome Oaks 6. Plan to be submitted showing the location of fire hydrants. Hydrants are to be 600 feet on center. This is to be measured as hose would come off of fire equipment. Hydrants are to be located within 300 feet of Fire Department connections for buildings with sprinklers. 7. Drive lanes of roadways not to be less than 24 feet wide. If roadways are to be used as fire lanes, they must be 24 feet wide for primary access. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: NONE ADVISORY COMMENTS TO THE APPLICANT: 1. After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days t appeal to the Code Board of Appeals Committee. 2. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. 3. The City of Dover uses the 2003 NFPA Life Safety Code, 2003 IBC, latest editions of all other NFPA Codes and the 2006 Delaware State Fire Prevention Regulations. 4. Legislation to sprinkler Townhouses will be before the Safety and Transportation Committee in February of 2007. You may wish to make plans should this pass. 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.

Page 124

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: October 2, 2013 T =============================================================== APPLICATION: Wynsome Oak Subdivision on White Oak Road FILE#: SB-13-05 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. Per Section 3.6.5 of the Standards and Regulations for Subdivision Streets and State Highway Access Adopted February 15, 2010, a 60-foot wide right-of-way (30-feet from the centerline) is required for a minor arterial. According to the Kent County Classification Maps, KCR 66 (White Oak Road) is classified as a local road. If the existing right-of-way does not have the proper width along the frontage of the site, the department will require the right-of-way dedication for public use. 2. In order to be issued a Letter of No Objection (LONO), the department will require the applicant to provide the proper forms, fees, and plans. 3. An additional 15-foot permanent easement will be warranted along the site frontage of this project. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT:  A stormwater manager report must be provided to the Department for review and approval. 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.

Page 125

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY October 2013 APPLICATION: Wynsome Oaks Subdivision FILE #: SB-13-05 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to the subdivision of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project.  A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

Page 126

Kent County Department of Planning Services Division of Geographic Information Systems SARAH E. KEIFER, AICP Phone: 302/744-2420 Director of Planning Services FAX: 302/736-2128 Email: sabrina.fite@co.kent.de.us SABRINA FITE GIS Specialist TO: - Dawn E. Melson-Williams, AICP The City of Dover - Kercher Engineering, Inc. FROM: Sabrina Fite 911 Addressing DATE: September 20, 2013 PIN #: 4-05-068.00-01-18.00-000 OWNER: TLFD Management, LLC REF: SB-13-05 Wynsome Oaks - As noted in comments for the prior application SB-10-02, Kent County does not approve the subdivision name “WYNSOME OAKS”

Page 127

CITY OF DOVER Dover/Kent County DEVELOPMENT ADVISORY COMMITTEE Metropolitan APPLICATION REVIEW COMMENTARY Planning Organization D.A.C. MEETING DATE: 10/9/13 APPLICATION: Wynsome Oaks Subdivision FILE #: SB-13-05 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: James Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 10/21/2013 Project Review SB-13-05 Wynsome Oaks Subdivision on White Oak Road The MPO has no comment on the subdivision itself. There are some elements of the proposal that we will take the opportunity to comment on. The plans indicate sidewalks on the interior of the site. The MPO encourages sidewalks that allow a safe connection with a sidewalk network. The mechanism for these improvements has been to require the sidewalks be installed on the Road ROW as the adjacent properties are developed. While the sidewalk may not be continuous at present, the cumulative effect of the property owners’ installation will ultimately be a complete sidewalk system. Thus the City should uphold the requirement for all of the sidewalks on the site, including those at the entrance. This is the last of three proposals that are at some development stage and considered by the Dover Planning Commission; the previously approved Garrison Oak and Bay Village sites. The win some Oaks site has been previously reviewed by the planning commission it in September 2010. Included in the combined proposals are nearly 450 residential units and room for 10 more employers. The density of activity should be considered a potential transit node for DART bus service. The 108 bus route currently extends on White Oak Road to Willis Road. The applicant should coordinate with the other applicants to bring bus service to the area at the discretion of the Delaware Transit Corporation. 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.

Page 130

STATE OF DELAWARE EXECUTIVE DEPARTMENT OFFICE OF STATE PLANNING COORDINATION March 23, 2010 Mr. Jeffrey C. Williams Kercher Engineering 254 Chapman Road, Ste. 202 Newark, DE 19702 RE: PLUS review – 2010-02-01; White Oak Road Subdivision Dear Mr. Williams: Thank you for meeting with State agency planners on March 24, 2010 to discuss the proposed plans for the White Oak Road Subdivision to be located on the south side of White Oak Road, 1340 ft. west of Long Point Road, within the City of Dover. According to the information received, you are seeking a rezoning of 12.78 acres from R-20 to R-8 for 17 single family homes. Please note that changes to the plan, other than those suggested in this letter, could result in additional comments from the State. Additionally, these comments reflect only issues that are the responsibility of the agencies represented at the meeting. The developers will also need to comply with any Federal, State and local regulations regarding this property. We also note that as the City of Dover is the governing authority over this land, the developers will need to comply with any and all regulations/restrictions set forth by the County. Strategies for State Policies and Spending This project is located within a Level 2 and Level 3 according to the Strategies for State Policies and Spending and within the City of Dover. Investment Level 2 and 3 generally reflect areas where growth is anticipated by local, county, and State plans in the near to long term future. However, the project’s location East of Route 1 is a particular concern. It is the State’s policy to discourage new growth East of State Route 1. Starting with the historic Coastal Zone Act, State actions have encouraged natural resource and agricultural preservation rather than growth and development in this area of Kent County. 122 William Penn Street ⋅ Third Floor ⋅ Dover, DE 19901 Phone (302)739‐3090 ⋅ Fax (302) 739‐6958 ⋅ www. stateplanning.delaware.gov

Page 131

PLUS 2010-02-01 Page 2 of 10 When the State purchased the Garrison Oak tract for the City for the development of an employment center, it came with the understanding that the development of the tract would not encourage or enable further development East of Route 1. In the intervening years the State has modified this position by supporting the development of Evergreen Acres (PLUS 2009-06-03) as a unique opportunity for workforce housing tied to the development of the Garrison Oak Technology Park. In our letter about that project, dated July 22, 2009, we conditioned our support by stipulating that “There is a clear understanding by all parties that this development is a special circumstance which addresses both economic development and land conservation objectives, and does not in any way represent a policy shift which would allow or encourage other land developments E. of Route 1.” The proposed White Oak Road Subdivision will require a rezoning from R20 to R8, representing an increase in residential density. The current zoning designation is consistent with Dover’s certified comprehensive plan and is more in keeping with our longstanding policy of encouraging land preservation and conservation activities East of Route 1. The State does not support the rezoning of this parcel for these reasons. Code Requirements/Agency Permitting Requirements • It is important that the developer be aware of the Delaware Unmarked Human Remains Act of 1987, outlined in Chapter 54 of Title 7 of the Delaware Code, which pertains to the discovery and disposition of such remains. The unexpected discovery of unmarked human remains during construction can result in significant delays while the process is carried out. • Sediment and Stormwater Program. A detailed sediment and stormwater plan will be required prior to any land disturbing activity taking place on the site. It is strongly recommended that the owner and consultant contact the Kent Conservation District to schedule a project application meeting to discuss the sediment and erosion control and stormwater management components of the plan. The site topography, soils mapping, pre- and post-development runoff, and proposed method(s) and location(s) of stormwater management should be brought to the meeting for discussion. The plan review and approval as well as construction inspection will be coordinated through the Kent Conservation District. Contact Jared Adkins, Program Manager, at the Kent Conservation District at (302) 741-2600, ext. 3 for details regarding submittal requirements and fees. The property does not appear to extend to the tax ditch. Please discuss the proposed use of Prong B of the White Oak Tax Ditch as an outlet for the stormwater on this site at the project application meeting. • TMDLs. Total Maximum Daily Loads (TMDLs) for nitrogen and phosphorus have been promulgated through regulation for the Leipsic River watershed. A TMDL is the maximum level of pollution allowed for a given pollutant below which a “water quality limited water body” can assimilate and still meet water quality standards to the extent necessary to support use goals such as, swimming, fishing, drinking water and shell fish

Page 132

PLUS 2010-02-01 Page 3 of 10 harvesting. Although TMDLs are required by federal law, states are charged with developing and implementing standards to support these desired use goals. In the Leipsic River watershed, “target-rate-nutrient reductions” of 40 percent will be required for nitrogen and phosphorus. Additionally, “target-rate-reductions” of 75 percent will be required for bacteria. More on TMDLs is included in the “Recommendations” category. • Should dewatering points be needed during any phase of construction, a dewatering well construction permit must be obtained from the Water Supply Section prior to construction of the well points. In addition, a water allocation permit will be needed if the pumping rate will exceed 50,000 gallons per day at any time during operation. • All well permit applications must be prepared and signed by licensed water well contractors, and only licensed well drillers may construct the wells. Please factor in the necessary time for processing the well permit applications into the construction schedule. Dewatering well permit applications typically take approximately four weeks to process, which allows the necessary time for technical review and advertising. Ricardo Rios - (302) 739-9944, Ricardo.Rios@state.de.us Recommendations/Additional Information This section includes a list of site specific suggestions that are intended to enhance the project. These suggestions have been generated by the State Agencies based on their expertise and subject area knowledge. These suggestions do not represent State code requirements. They are offered here in order to provide proactive ideas to help the applicant enhance the site design, and it is hoped (but in no way required) that the applicant will open a dialogue with the relevant agencies to discuss how these suggestions can benefit the project. Department of Agriculture • Right Tree for the Right Place The Delaware Department of Agriculture Forest Service encourages the developer to use the “Right Tree for the Right Place” for any design considerations. This concept allows for the proper placement of trees to increase property values in upwards of 25% of appraised value and will reduce heating and cooling costs on average by 20 to 35 dollars per month. In addition, a landscape design that encompasses this approach will avoid future maintenance cost to the property owner and ensure a lasting forest resource.

Page 133

PLUS 2010-02-01 Page 4 of 10 • Do Not Plant List: Due to the high risk of mortality from insects and disease, the Delaware Forest Service does not recommend planting any of the following species: Callery Pear Leyland Cypress Red Oak (except for Willow Oak) Ash Trees Please contact the Delaware Forest Service for more information at (302) 698-4500. State Historic Preservation Office • According to observations and evaluation, there are no known historic or cultural resources in this project area, such as archaeological sites or National Register-Listed property on or near this proposed project site. • However, since Delaware has a strong agricultural and rural heritage, there is a possibility that could be a historic-period or prehistoric-period archaeological site historically associated with Delaware’s agricultural or rural heritage, which have not been found, but may contain important information about Delaware’s history. • Prior to any demolition or ground-disturbing activities, the developer may want to consider hiring an archaeological consultant to examine the parcel for archaeological sites, including a cemetery or unmarked human remains. If you have any questions or concerns, please contact Terence Burns at 302-736-7404. DelDOT • DelDOT recognizes that that the internal streets would be City streets and therefore outside their jurisdiction. Nonetheless, they offer the following advisory comments regarding them. The proposed stub street leading to the Bay Village of Dover property is laudable, but it may not be in the best place. There is an existing stub street in the adjoining Oak Shadows subdivision that aligns with Lot 5 and the proposed stub street. If the subject development can only be connected to Oak Shadows or Bay Village, DelDOT would recommend that the connection be made to Oak Shadows because the stub exists and the connection can be made now. By comparison, there is no approved plan for Bay Village of Dover and no definite date for its construction. If possible, the subject development should be connected to both Oak Shadows and Bay Village of Dover and the stub street to Bay Village should be shifted south, perhaps to the cul-de- sac bulb, so as to discourage through traffic between Oak Shadows and Bay Village. • If the rezoning is approved, DelDOT recommends that the developer have their engineer contact the DelDOT Subdivision Manager for the north part of Kent County, Mr. Julio Seneus, for more detailed comments on the site plan as they develop it further. Mr. Seneus may be reached at (302) 760-2145.

Page 134

PLUS 2010-02-01 Page 5 of 10 DNREC Fish and Wildlife - Please contact Edna Stetzar at (302) 653-2880 ext. 101 or at Edna.Stetzar@state.de.us • Site Survey Request. The forest on the project parcel is potentially more than 70 years of age, which may be late successional to early mature depending on the composition of the plant community and development of the understory. According to 1937 aerial imagery the forest was in a stage of young growth at that time. Our community ecologist is interested in mapping the vegetation communities at this site as part of a state-wide effort to evaluate forest communities and map wildlife habitat. The survey would be conducted at no expense to the landowner. A report of the survey and vegetative community map would be generated for the applicant’s use in the planning of this project. If unique vegetative communities are observed during the survey, recommendations to reduce impacts will be offered for consideration. Please contact Edna Stetzar if the landowner will grant a site visit. Recommendations: • It is important to maintain connections between areas of habitat across the landscape. These areas provide cover and space for wildlife to travel during daily, seasonal, and migratory activities. This project is basically surrounded by parcels also being considered for development. Open space that occurs in small disconnected areas next to lots or that occurs as a narrow strip between developments is not as useful to wildlife as those areas of open space that are larger and connect to other undeveloped areas of open space. We recommend the applicant consider coordinating with adjacent landowners so that habitat connections can be maximized. DNREC further recommends that open space be permanently preserved so that future clearing is less likely. • Stormwater management methods that do not require tree removal should also be discussed with the district engineer or stormwater approval agency to determine if implementing them is feasible at this site. • Clearing should not occur between April 1st and July 31st to reduce impacts to birds and other wildlife that utilize forested areas for breeding. This recommendation would only minimize impacts to those species during one breeding season, because once trees are cleared the habitat will be lost to use by those species. • DNREC recommends native plantings, including tall grasses, wildflowers, shrubs, and trees at the edge and within an adequate buffer (15-30 feet in width) around the ponds to discourage nuisance waterfowl such as geese (to be planted in accordance with the Sediment and Stormwater Plan approval agency requirements). When the view of the surrounding area from the pond is blocked, geese can’t scan for predators and are less likely to reside and nest in the area of the pond.

Page 135

PLUS 2010-02-01 Page 6 of 10 • At this time, DNREC does not recommend using monofilament grids due to the potential for birds and other wildlife to become entangled if the grids are not properly installed and maintained. In addition, the on-going maintenance (removing entangled trash, etc.) may become a burden to the homeowners association or land manager. Soil and Water - Please contact James Sullivan at (302) 739-9921 or James.Sullivan@state.de.us • Drainage Program. Existing woodland provides valuable wildlife habitat as well as soil erosion protection, water quality filtering, and surface water uptake. Unless managed for timber, wooded areas typically were areas that were unprofitable for farming due to poor drainage. Without trees to absorb the surface water these areas tend to require intensive drainage. Over the years there have been many drainage concerns with the adjacent subdivision that have not been able to be resolved. There is the strong potential for this site to experience drainage problems. • The Drainage Program requests that the engineer take precautions to ensure the project does not hinder any off site drainage upstream of the project or create any off site drainage problems downstream by the release of onsite storm water. The Drainage Program requests that the engineer check existing downstream ditches and pipes for function and blockages prior to the construction. Notify downstream landowners of the change in volume of water released on them. • Have all drainage easements recorded on deeds and place restrictions on obstructions within the easements to ensure access for periodic maintenance or future re-construction. Future property owners may not be aware of a drainage easement on their property if the easement is only on the record plan. However, by recording the drainage easement on the deed, the second owner, and any subsequent owner of the property, will be fully aware of the drainage easement on their property. • The Drainage Program does not support the removal of trees for the creation of stormwater management areas. However, the Drainage Program does recognize that tree removal is unavoidable in some cases. Where practical, plant native trees and shrubs to compensate for the loss of nutrient uptake and stormwater absorption the removed trees provided.

Page 136

PLUS 2010-02-01 Page 7 of 10 Water Resources - Please contact John Martin at (302) 739-9939 or John.Martin@state.de.us • Soils Assessment. Tent is a poorly-drained wetland associated (hydric) soil with severe limitations for development; these soils are considered unsuitable for development and should be avoided (Figure 1). Figure 1: NRCS soil survey update mapping in the vicinity of the proposed White Oak Road subdivision • Studies have shown a strong relationship between increases in impervious cover to decreases in a watershed’s overall water quality. It is strongly recommended that the applicant implement best management practices (BMPs) that reduce or mitigate some of its most likely adverse impacts. Reducing the amount of surface imperviousness through the use of pervious paving materials (“pervious pavers”) in lieu of asphalt or concrete in conjunction with an increase in forest cover preservation or additional tree plantings are some examples of practical BMPs that could easily be implemented to help reduce surface imperviousness. • TMDLs. The Pollution Control Strategy for the Leipsic watershed has not been formally completed to date. In the absence of a PCS during the intervening time period, the applicant is strongly encouraged to reduce nutrient and bacterial pollutants to help improve water quality through voluntary commitment to the implementation of the following recommended BMPs: 1) Maintaining 100-foot buffers from all delineated wetlands (State and federally- regulated wetlands 2) Maximizing the amount of passive wooded open space (i.e., significantly reducing the amount of forest cover removal)

Page 137

PLUS 2010-02-01 Page 8 of 10 3) Employ the use of pervious paving materials instead of asphalt or concrete to reduce surface imperviousness, wherever practicable 4) Utilize green-technology stormwater management technologies in lieu of open-water stormwater management structures The Department has also developed an assessment tool to evaluate how your proposed development may reduce nutrients and bacteria to help meet the TMDL requirements. Please contact Lyle Jones at 302-739-9939 for more information on the assessment tool. • Water Resource Protection Areas. DNREC Water Supply Section, Ground-Water Protection Branch (GPB) has determined that it falls entirely within a wellhead protection area for the City of Dover as delineated by DNREC. Although the City of Dover’s Source Water Protection Ordinance meets the minimum standards of protection, this protection does not extend over all the scientifically delineated wellhead areas. This project is located in one of these areas. • Given that this is a wellhead protection area, the City is strongly encouraged to apply impervious cover limitations on this development. The Developer states that the impervious cover for this project is approximately 19.3%. Impervious cover prevents precipitation from infiltrating through the soil to the water table aquifer. Impervious cover refers to structures including but not limited to roads, sidewalks, parking lots, and buildings. Any impervious cover within this wellhead protection area has the potential to have a negative effect on the quality and quantity of drinking water available to the City. • The DNREC Water Supply Section recommends that the portion of the new development within the scientifically delineated wellhead protection area not exceed 20% impervious cover (DNREC, 2005). Some allowance for augmenting ground-water recharge should be implemented if the impervious cover exceeds 20% but is less than 50%. However, the development should not exceed 50%. A water balance calculation should be required to determine the quantity of clean water recharged via a recharge basin (Kaufmann, 2005). The purpose of an impervious cover threshold is to minimize loss of recharge (and associated increases in storm water) and protect the quality and quantity of ground water and surface water supplies.

Page 138

PLUS 2010-02-01 Page 9 of 10 • In addition, because the project is located within a wellhead protection area and the wellhead is a source of public drinking water, the storage of hazardous substances or wastes should not be allowed within the area unless specific approval is obtained from the relevant state, federal, or local program. Air and Waste Management – Please contact Deanna Morozowich at (302) 739-9402 or Deanna.morozowich@state.de.us • Hazardous Waste Sites. Based on the close proximity of the salvage yard and the previous agricultural use of the proposed project site, which may have involved the use of pesticides and herbicides, SIRB recommends that a Phase I Environmental Site Assessment be performed prior to development. DNREC's Site Investigation and Restoration Branch (SIRB) has reviewed the proposed project. No SIRB sites were found within a ½-mile radius of the proposed development. One salvage yard, White Oak Salvage, is located 63 feet west of the proposed site. In addition, should a release or imminent threat of a release of hazardous substances be discovered during the course of development (e.g., contaminated water or soil), construction activities should be discontinued immediately and DNREC should be notified at the 24-hour emergency number (800-662-8802). SIRB should also be contacted as soon as possible at 302-395- 2600 for further instructions. Krystal Stanley - (302) 395-2644, Krystal.Stanley@state.de.us Recommendations: Additional air quality measures may be taken to substantially reduce the air emissions identified above. These measures include: • Constructing only energy efficient homes. Energy Star qualified homes are up to 30% more energy efficient than typical homes. These savings come from building envelope upgrades, high performance windows, controlled air infiltration, upgraded heating and air conditioning systems, tight duct systems and upgraded water-heating equipment. Every percentage of increased energy efficiency translates into a percent reduction in pollution. The Energy Star Program is excellent way to save on energy costs and reduce air pollution. • Offering geothermal and/or photo voltaic energy options. These systems can significantly reduce emissions from electrical generation, and from the use of oil or gas heating equipment. • Providing tie-ins to the nearest bike paths and links to any nearby mass transport system. These measures can significantly reduce mobile source emissions. • Funding a lawnmower exchange program. New lawn and garden equipment emits significantly less than equipment as little as 7 years old, and may significantly reduce

Page 139

PLUS 2010-02-01 Page 10 of 10 emissions from this new development. The builder could fund such a program for the new occupants. Additionally, the following measures will reduce emissions associated with the actual construction phase of the development: • Using retrofitted diesel engines during construction. This includes equipment that are on-site as well as equipment used to transport materials to and from site. • Using pre-painted/pre-coated flooring, cabinets, fencing, etc. These measures can significantly reduce the emission of VOCs from typical architectural coating operations. • Planting trees at residential units and in vegetative buffer areas. Trees reduce emissions by trapping dust particles and by replenishing oxygen. Trees also reduce energy emissions by cooling during the summer and by providing wind breaks in the winter, whereby reducing air conditioning needs by up to 30 percent and saving 20 to 50 percent on fuel costs. This is a partial list, and there are additional things that can be done to reduce the impact of the development on air quality. The applicant should submit a plan to the DNREC Air Quality Management Section which address the above listed measures, and that details all of the specific emission mitigation measures that will be incorporated into the White Oak Road development Following receipt of this letter and upon filing of an application with the local jurisdiction, the applicant shall provide to the local jurisdiction and the Office of State Planning Coordination a written response to comments received as a result of the pre-application process, noting whether comments were incorporated into the project design or not and the reason therefore. Thank you for the opportunity to review this project. If you have any questions, please contact me at 302-739-3090. Sincerely, Constance C. Holland, AICP Director. Ofc. Of State Planning Coordination CC: City of Dover

Page 150

City of Dover DATA SHEET FOR REVIEW of REVISED PARKING PLAN DEVELOPMENT ADVISORY COMMITTEE MEETING OF October 9, 2013 PLANNING COMMISSION MEETING OF October 21, 2013 Plan Title: New Dover High School: Revised Parking Justification and Waiver Request for Parking Reduction MI-13-18 Associated Applications: C-10-05 Conditional Use Site Development Master Plan Administrative Site Plan – Bid Pack A- Phase 1A: Pump Station and Phase 1: Landscape Plan S-11-18 Administrative Site Plan – Bid Pack C Property Address: 1650 Forrest Avenue, Dover Location: South side of Forrest Avenue (Route 8) and east of Dover High Drive, approximately 1,500 feet west of Mifflin Road Tax Parcel: ED-05-076.00-02-07.00-000 Owner: Capital School District Site Area: 106.5222 +/- acres Under Construction: New High School and associated stadium, sports fields & site improvements Sewer & Water: City of Dover Zoning Classification: R-10 (One Family Residence Zone) COZ-1 (Corridor Overlay Zone) Previously Approved 12/20/2010: Waiver for Partial Elimination of Curbing Waiver to Eliminate of Opaque Barrier (Fence Component) Superior Urban Design Fulfillment Accepted Parking Requirement Justification & Set Required Parking Accepted Loading Berth Justification Established Tree Density and Buffer Requirements Approved Tree Mitigation Plan Current Request: Consideration of Revised Parking Justification Waiver Request for a Reduction in Required Parking P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Page 151

City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: October 9, 2013 APPLICATION: New Dover High School: Revised Parking Justification and Waiver Request for Parking Reduction FILE#: MI-13-18 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn E. Melson-Williams, AICP and Ann Marie Townshend, AICP PHONE#: 736-7196 PLAN SUMMARY: This Review is for Consideration of Revised Parking Justification for parking associated with the New Dover High School and a Waiver Request for a Reduction in the required parking. The property is zoned R-10 (One Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of Forrest Avenue and east of Dover High Drive. The owner of record is the Capital School District. Address: 1650 Forrest Avenue. Tax Parcel: ED-05-076.00-02-07.00-000. PREVIOUS PLAN APPROVAL: New Dover High School The Planning Commission conditionally approved the Conditional Use Site Development Master Plan for C-10-05 New Dover High School on December 20, 2010. The current Final Site Plan (S-11-18) for the New Dover High School on file with the Planning Office dates to January 24, 2012. The Conditional Use Site Development Master Plan outlined the construction and use of a three story 315,000 S.F. new Dover High School with associated parking, roadways, stormwater management, landscaping, sports fields, stadium, and other associated site improvements. The plan was reviewed under the Site Development Master Plan process (See Zoning Ordinance, Article 10 §2.58). 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. The following construction phases were identified on the Master Plan for the New Dover High School facility:  Phase 1: High School Building (315,000 S.F.) and associated parking lots (Lots A-F), stadium of 5,000 seats with Fieldhouse, concession stand building (2,100 S.F.), competition field, tennis courts, and four general/practice fields  Phase 2: Baseball/Softball Athletic Fields consisting of two competition fields, two practice fields, outbuilding, and Parking Lot G  Phase 3: C.T.E. Building expansion (11,000 S.F.)  Phase 4: Classroom expansion (45,000 S.F.)

Page 152

MI-13-18 New Dover High School: Revised Parking Justification and Parking Waiver Request DAC Report of October 6, 2013 Page 3 The site is actively under construction with a series of Building Permits having been issued since 2011 subject to compliance with the approved Site Plan. Building Permits include Permits #11-742 Phase 1 Fence, #11-1365 Building Foundation, #12-155 School Building, and #13-931 Bid Pack G – Stadium & Fields. Surrounding Area: The school site is located near a number of residential neighborhoods. The surrounding residential neighborhoods are zoned single family residence to medium density residence zoning classifications including R-8, R-10, R-20, RM-1, and RM-2. The Village of Cannon Mill and the Village of Westover subdivisions abut the property to the south. The residential developments of Cranberry Run, Heatherfield and Heatherfield East are located to the north across Forrest Avenue (Route 8). Also along Forrest Avenue adjoining the school property are a series of lots with single family homes which are outside City limits and under the jurisdiction of Kent County. To the southwest of the school property are agricultural lands (Lands owned by Farms, LP within Kent County) that are part of an Agricultural Preservation District. Also to the north of the site (across Forrest Avenue/Route 8 and adjacent to Cranberry Run) is an Agricultural Preservation District within a State agricultural easement (Purchase of Development Rights). To the west of the new Dover High School site, there is a proposed multi-family development for 240 apartment units known as Leander Lakes. Leander Lakes (S-12-18) was conditionally approved by the Planning Commission on October 15, 2012 (previously reviewed as Application S-09-13). The Leander Lakes application is in the Check Print review process with the reviewing agencies to obtain final plan approvals including entrance plan design review with DelDOT regarding the design of the southern segment of Dover High Drive and the connection to Tribbitt Street. The design and construction of Dover High Drive is a joint effort of the Capital School District as associated with the High School project and the apartment development of Leander Lakes. CONDITIONAL USE Within the R-10 zoning district, the use of this property as a school site is permitted subject to approval of a Conditional Use by the Planning Commission. Zoning Ordinance, Article 3 Section 1.14a gives specific conditions for property size, setbacks, lot coverage percentage for buildings, and sizing of court (courtyard) spaces for schools. 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. Article 10 §1 of the Zoning Ordinance outlines the objectives for reviewing Conditional Use applications including accessibility for emergency response; harmony of size, location, and character, nature and intensity of operations; site layout; access to streets by pedestrian and vehicle traffic; and location and height of buildings, fences, landscaping and other improvements. TRANSPORTATION AND CIRCULATION NETWORK The approved New Dover High School Site Plan shows access from Forrest Avenue (Route 8) at two locations. The eastern entrance from Forrest Avenue aligned with the entrance to Heatherfield at Heatherfield Way. This entrance is to an internal circulation road. The western entrance to the school property is from Dover High Drive which is a new public street that

Page 153

MI-13-18 New Dover High School: Revised Parking Justification and Parking Waiver Request DAC Report of October 6, 2013 Page 4 intersects with Forrest Avenue (Route 8). The Capital School District and Leander Lakes, LLC have an agreement regarding the design and construction of the segments of Dover High Drive and the connecting street segment to Tribbitt Street. The Planning Commission as part of the Conditional Use Site Development Master Plan approval for the New Dover High School in 2010 required the dedication of right-of-way for a road interconnection to Tribbitt Street and that this Tribbitt Street interconnection be constructed and available for use at the opening of the High School. The school project is constructing sidewalks along its street frontages of Forrest Avenue/Route 8 in a multi-modal path format. This concrete path follows along the school property frontage then turns interior to the site to pass to the south of a series of residential properties before turning back to the Forrest Avenue frontage. Sidewalk is also provided along the property frontage on the east side of Dover High Drive. Sidewalks and paths lead from the street frontage sidewalks into the site. The approval Site Plan also provided a bicycle/pedestrian path connecting with the stub street of Worchester Drive in the Village of Westover, on the southeast side of the site. Additionally, a separate sidewalk improvement project is in design at DelDOT to construct sidewalks on the north side of Forrest Avenue/Route 8 for pedestrian travel to the school site with a HAWK (High-Intensity Activated crosswalk) Signal crossing at the east entrance location. PARKING SUMMARY The parking requirement for a high school facility is based on a rate one parking space per five seats in main auditorium/cafeteria or gymnasium. In reviewing the parking provisions of Zoning Ordinance, Article 6, the Planning Staff in 2010 determined that the high school building and its internal assembly type spaces of the auditorium, gyms, cafeteria, and group instruction area should be utilized to calculate the required overall parking for the facility. The athletic facilities would be viewed as accessory uses with no specific parking requirement. The Parking Summary in the December 2010 Development Advisory Committee Report identified that the initial seat counts for the assembly areas within the school building would require 990 parking spaces. The C-10-05 Plan submitted for Planning Commission review showed a total of 870 parking spaces on-site in the form of 795 regular surface parking spaces including handicapped accessible spaces, 20 drop-off spaces, and 55 parallel parking spaces along the eastern access drive. In addition, the site plan proposed 28 bus designated spaces that could be converted to vehicle parking for 162 vehicles during events. The series of Parking Lots were lettered A-G with the majority of the parking located to the west and southwest of the school building and with a parking lot (Lot G) also located in the vicinity of baseball/softball fields With the Conditional Use Site Development Master Plan for the New Dover High School, the applicant submitted a “Parking Requirement Justification” providing an analysis of needs for the Planning Commission to review and determine the total number of parking spaces required. As a result in December 2010, the Planning Commission set the number of required parking spaces for the high school site at a minimum of 840 parking spaces. The number of 840 parking spaces was calculated based on the rate of one parking space per five (5) seats in the Main Auditorium, Cafeteria, and Main Gymnasium. In addition, it was noted that the bus parking lot could be utilized during large events adding an additional 160 parking space giving the overall site a total of 1,000 parking spaces.

Page 154

MI-13-18 New Dover High School: Revised Parking Justification and Parking Waiver Request DAC Report of October 6, 2013 Page 5 The following summary chart shows the parking for the Dover High School as depicted on the current Site Plan S-11-18 dated January 24, 2012 (associated with Bid Pack C). These parking areas are designed to be constructed as paved asphalt parking lot areas. The summary shows that the Site Plan S-11-18 complies with the requirement to provide 840 parking spaces as set by the Planning Commission on the high school site by providing a total of 847 regular parking spaces. This total of 847 parking spaces does not include 24 drop-off spaces or the 28 bus parking spaces. For large events the amount of available parking is increased by 162 parking spaces for a total of 1,009 parking spaces when the bus parking area is converted to a car parking area. Table 1: Parking Provided on Site Plan S-11-18 Parking Locations on Site Plan S-11-18 Number of Parking Spaces A – Front of School Building 33 regular spaces* 20 drop-off spaces B – West end of School Building 103 regular spaces C – West end of School Building 292 regular spaces D – South of School Building 221 regular spaces E – Bus Parking Lot (West of Stadium) 28 bus parking spaces Can be converted to 162 car spaces F – East end of School Building 38 regular spaces 4 drop-off spaces G – At Baseball/Softball Fields 111 regular spaces Designated Parallel Parking along East 49 regular spaces Entrance Drive TOTAL PARKING SHOWN 847 regular parking spaces 24 drop-off spaces 28 bus parking spaces OR 162 car parking spaces for large events *The number of regular spaces listed for each lot includes the total of regular parking spaces and handicapped parking spaces. Consideration of REVISED Parking Requirement Justification (Revised September 19, 2013) The Zoning Ordinance includes provisions for alternative parking scenarios such as a combined spaces provision (Article 3 §3.8). 3.8 Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the planning commission may reduce the total parking spaces required for that use with the least requirement. (a) Campus Parking Plan. When a new building or building addition is made to a campus involving multiple buildings under common ownership where one or more of the uses will be generating demand for parking when the other use or uses are not in operation, the applicant shall present a campus parking plan as a part of the site development plan that includes an analysis of the parking needs based on the provisions of section 3.8 of this article.

Page 155

MI-13-18 New Dover High School: Revised Parking Justification and Parking Waiver Request DAC Report of October 6, 2013 Page 6 The applicant has submitted a REVISED Parking Requirement Justification (dated 9/19/2013) for Planning Commission review. This REVISED Parking Requirement Justification provides an update to the analysis of parking needs to determine if a revision to the total number of parking spaces required is necessary. The analysis focuses on the following: the uses within the building with revised seat counts; number of students, staff, and drivers; operation timing and the methods of how regular and parking (car and bus) and event overflow parking. Table 2: Revised Parking Requirement Justification of 9/19/2013 Use Parking Rate: One Number of Seats Number of Parking space per 5 seats Spaces High School Main Auditorium 900 180 Cafeteria 600 120 Gymnasium 2,500 500 TOTAL PARKING 800 parking spaces REQUIRED Due to design revisions in the main auditorium the seat count has been reduced thus resulting in a reduction in the required parking for that facility. Based on the seat counts the number of required parking spaces would be 800 parking spaces for the high school facility. The Planning Commission is to consider and take action on this Revised Parking Requirement Justification. Bicycle Parking The minimum bicycle parking is one (1) bike space for every twenty (20) parking spaces. Based on the required number of parking spaces at 840 spaces as originally established, a minimum of 42 bicycle parking spaces were required. The Site Plan identified multiple locations for bicycle parking racks on the high school site to provide 100 bicycle parking spaces. Loading Spaces Based on the use, the requirement for loading spaces buildings over 150,000 S.F, in size is to be justified by the applicant based on needs of the school facility. In December 2010, the Planning Commission accepted the justification for two designated loading spaces on the west side of the building in a walled service area. The Site Plan includes this loading zone area. Waiver Request: Reduction of Parking Requirement Under the provisions of Zoning Ordinance, Article 6 §3.9 the Planning Commission may reduce the parking for a site up to 50% of the required parking when “the use is adequately served by transportation and parking alternatives.” However, the site must have an area of designated space where parking can be constructed equal to the number being reduced and by accepting the parking reduction the applicant agrees to construct the additional required parking in the future should by Public Hearing the Planning Commission determines the reasons for granting the reduction no longer exist. The applicant has filed a Waiver Request to reduce the number of parking spaces to be constructed at the high school. The applicant notes that the proposed Site Plan provides 758 parking spaces. This tally of 758 parking spaces includes counting the regular parking spaces, the drop-off spaces, and the car parking spaces in bus area.

Page 156

MI-13-18 New Dover High School: Revised Parking Justification and Parking Waiver Request DAC Report of October 6, 2013 Page 7 Following the previously established methodology for tallying parking spaces, Planning Staff finds that the proposed Site Plan of 9/19/2013 shows 564 regular parking spaces in Parking Lots A- G Revised including handicapped parking spaces. The 24 drop-off spaces and the bus parking with its potential for conversion to car parking are listed separately. See chart below a summary of the parking revisions showing the changes in the tallies for each parking lot. The changes to eliminate previously proposed parking lot areas occur in Parking Lot C, Lot D, and Lot G. The format of Lot G has also been revised from a segregated parking lot to a row of head-in parking spaces along the east entrance drive. Additionally, the applicant cites the ability to accommodate 170* cars in the bus parking area for large events and in their request count these spaces towards the meeting the required parking spaces available on the site. (*The plan drawings lists162 car spaces; however, the Waiver Request notes 170 car spaces.) A diagram showing how the bus parking area would be converted to car parking must be submitted to ensure adequate sized parking spaces are created, fire lanes are maintained, and the method of implementation of striping. Table 3: Summary of Parking Revisions Parking Lot Parking Spaces on Parking Spaces on Difference Approved Site Plan REVISED Plan S-11-18 A 33 33 No change B 103 103 No change C 292 184 -108 D 221 126 -95 E 28 bus 28 bus No change Convert to 162 car Convert to 170 car F 38 38 No change G 111 31 -80 Parallel on East 49 49 No change Entrance Drive TOTAL 847 parking spaces 564 parking spaces Revised Plan PARKING AND AND provides 283 less SHOWN on Site 24 drop-off spaces 24 drop-off spaces parking spaces 28 bus spaces 28 bus spaces than Approved Site Plan. TOTAL 847 parking spaces 564 parking spaces PARKING AND AND SHOWN for 24 drop-off spaces 24 drop-off spaces Large Events on 162 car parking for large 170 car parking for Site events large events TOTAL = 1009 spaces TOTAL = 734 spaces and 24 drop-off spaces and 24 drop-off spaces With the Waiver Request, the project seeks to only construct 564 regular parking spaces not including the drop-off spaces and bus parking spaces or the car parking created from the conversion of the bus parking area. This represents a reduction of 236 parking spaces or 29.5% from the required parking of 800 parking spaces* (*If the Revised Parking Justification is

Page 157

MI-13-18 New Dover High School: Revised Parking Justification and Parking Waiver Request DAC Report of October 6, 2013 Page 8 accepted). The use of the 564 parking spaces as the tally of provided parking spaces follows the previous methodology utilized for counting the available parking spaces on the site. An alternative method of tallying the parking provided on the site is to include the additional car parking that can be established by the conversion of the bus parking area. When these additional car spaces are added to the parking space count towards the required parking, the project would have 734 parking spaces thus requiring a reduction of 66 parking spaces or a reduction of 8.25% from the required parking of 800 parking spaces. The method is utilized by the applicant in their Waiver Request narrative goes a step further and tallies the regular parking spaces, the converted bus parking area as car spaces, and the drop-off spaces. This totals to 758 parking spaces provided thus requiring a reduction of 42 parking spaces or a reduction of 5.25% from the required parking of 800 parking spaces. If a reduction is granted, then area must be reserved for the parking. The Revised Plan identifies a series of areas on the site for future parking expansion. These three locations provide a total of 314 parking spaces. These areas were previously identified to be developed as part of the parking lots for the high school project. These future expansion area can be identified as Lot C-1, Lot D- 1, and Lot G – Revised. It is not clear how the head-in parking area of Lot G would be revised for construction of the future parking Lot G. The Planning Commission may consider a waiver request to reduce the parking requirement for the project under the provisions of Zoning Ordinance, Article 6 §3.9 Adjustments to parking 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. CITY AND STATE CODE REQUIREMENTS: 1) A Revised Final Plan set must include notes indicating the action taken by the Planning Commission in regards to any waivers and listing any additional conditions of approval. The plan set is be revised to reflect all changes recommended and adopted by the Planning Commission. 2) The narrative entitled “Parking Requirement Justification and Waiver Request” presents a revised analysis of parking needs for the site. The Planning Commission is to review this information and set the total number of parking spaces required for the site. 3) Parking shall be provided in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request has been to reduce the parking requirement for consideration by the Planning Commission. 4) Clarify the differences in the number of parking spaces provided. Narrative lists 758 parking spaces constructed appears to count the regular spaces, the drop-off spaces, and the car parking in the converted bus parking lot. The approved methodology must be listed on the plan.

Page 158

MI-13-18 New Dover High School: Revised Parking Justification and Parking Waiver Request DAC Report of October 6, 2013 Page 9 5) Sheet C-001: a) Add notes outlining the actions taken by the Planning Commission on the series of waivers requested and items of consideration. 6) Add note regarding parking lot construction requirements for future reserved parking areas. 7) Provide a plan diagram for the striping of the bus parking area to accommodate vehicle (car) parking as proposed for large event parking in order to confirm the number of parking spaces that would be available for use in this Lot E. Parking space sizes, fire lanes, and method of pavement marking should be shown. 8) Clarify the bicycle parking location at the baseball/softball fields as the previous location appears to have been redesigned with the removal of the large outbuilding. The approved Site Plan (S-11-18) showed a total of 50 racks for 100 bicycle parking spaces on the high school site. 9) Submission of Revised Site Plans and Construction Plans will necessary to reflect changes in the site design resulting from the elimination of parking areas or revisions to parking format (Lot G area). This may impact stormwater management plans, landscape plans, utility plans, etc. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) In consideration of a Conditional Use Application, one of the objectives to be satisfied is that the “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.” Planning Staff is concerned that significant reductions in the number of parking spaces on the high school site will result in site visitors parking in adjacent residential neighborhoods on a regular basis particularly on the east side of the site. 2) Revised Parking Justification: Planning Staff accepts the REVISED parking analysis presented in the “Parking Requirement Justification” segment of the document as revised 9/19/2013 and recommends that the minimum parking requirement for the site be set at 800 parking spaces for the high school site. This revision continues to recognize that the parking calculation is based on the seat count of the main auditorium, cafeteria, and main gymnasium spaces only. This revision recognizes the changes in the building design/construction resulting in a reduction in the seating capacity of the main auditorium from 1,100 seats to 900 seats. a) The site includes opportunities for multi-modal travel (vehicle, school bus, bicycle, and pedestrian). b) Staff also recognizes the ability of the site to provide parking alternatives such as utilization of bus parking areas for vehicle parking during special events.

Page 159

MI-13-18 New Dover High School: Revised Parking Justification and Parking Waiver Request DAC Report of October 6, 2013 Page 10 3) Waiver Request for Parking Reduction: Planning Staff recommends approval of the parking reduction of the 203 parking spaces (parking reductions in Lot C at 108 spaces and Lot D at 95 spaces) on the west side of the site. This reduction of 203 parking spaces is a parking reduction of 25.375%. a) Planning Staff in considering the waiver request is not including the 170 car parking spaces in the converted bus parking Lot E for large events or the drop-off spaces as counting towards the required parking for the site. This follows the previous methodology for counting parking on site. b) Areas must be reserved for the construction of parking areas equal to the amount of any parking reduction. If in the future parking becomes an issue at the site then the provisions of Zoning Ordinance, Article 6 §3.9 can be implemented to construct parking spaces in the reserved areas. 4) Staff is concerned that the elimination of parking on the east side of the site near the baseball and softball fields will cause parking for practices and events on these fields to spill over into the streets of the adjacent residential neighborhood of the Village of Westover. While the proposed Revised Lot G will provide 31 head-in parking spaces, the format of the parking versus the east entrance drive is a concern. Further consideration of a revised design for the original segregated Lot G parking lot may be more appropriate from a safety perspective and have the ability to accommodate more parking for this area while allowing for future parking expansion. A design constructing the first double loading drive aisle of the segregated parking lot could provide approximately 48 parking spaces. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission will act upon the waiver request as part of a motion. All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 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) In the event, that major changes and revisions to the plan occur regarding the Site Development Master Plan as approved contact the Department of Planning and Inspections. The changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the overall Master Plan. 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.

Page 160

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: OCTOBER 2, 2013 APPLICATION: New Dover High School : Revised Parking Justification and Waiver Request for Parking Reduction FILE #: MI-13-18 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. None 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. 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. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. STREETS / SANITATION / GROUNDS / GENERAL 1. None RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / GROUNDS / GENERAL 1. None

Page 161

Request for Street Abandonnent : Harmony Lane File #: MI-13-16 October 2, 2013 Page 2 of 2 STREETS 1. Staff has concerns about the reduction of parking and the possibility of additional parking taking place within the Village of Westover. 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 .

Page 162

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: October 2, 2013 T =============================================================== APPLICATION: MI-13-18 New Dover High School: Revised Parking Justification and Waiver Request for Parking Reduction FILE#: MI-13-18 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. The Department has no comments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

Page 163

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF WATERSHED STEWARDSHIP 89 KINGS HIGHWAY DOVER, DELAWARE 19901 OFFICE OF THE PHONE: (302) 739-9921 DIRECTOR FAX: (302) 739-6724 Memorandum DATE: October 1, 2013 TO: Dawn Melson-Williams, Planner City of Dover FROM: Elaine Z. Webb, P.E., Engineer IV Sediment & Stormwater Program RE: Development Advisory Committee MI-13-18 New Dover HS Parking Waiver Request CC: Jamie Rutherford, Program Manager Michael Riemann, Becker Morgan Group DNREC offers the following comments on the above referenced application: 1. Even if the east entrance will not be constructed at this time, the outlet pipe from Pond 2 must be constructed. DNREC will require the pond outlet to be installed prior to signing off on the Certificate of Occupancy for the building. 2. Lot G which serves the baseball and softball field area was originally approved with a bioswale for stormwater quality management. The plan revision shows new parking spaces to be included at the location of the bioswale. A Sediment and Stormwater Plan Revision must be submitted for approval for this condition. Stormwater quality management must be provided for this revision. 3. Both parking areas on the west side of the site that are proposed to be removed contain bioswales for stormwater quality management. The bioswales will need to be constructed regardless of whether the parking is constructed or not. It is possible that the bioswale cross section may be reduced, or the bioswale may be eliminated, but this will required a revision to the Sediment and Stormwater Plan for the project as well. 4. In many areas on the site, bioswales adjoin parking areas. It is important to consider where cars may park when all of the designated parking spaces are filled. Vehicles must be restricted from parking within stormwater management facilities such as bioswales, filter strips, etc. because those facilities will fail to function as intended if the soil becomes compacted due to parking. If you should have any questions, please do not hesitate to contact me at (302) 739-9921 or Elaine.Webb@state.de.us. Delaware’s good nature depends on you!

Back to this meeting