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CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, May 25, 2021 at 6:00 PM Virtual via WebEx AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held electronically. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/7p1pof Event number: 173 808 1771 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER UTILITY COMMITTEE ADOPTION OF THE AGENDA ACTIONABLE ITEMS 1. Review of Water Utility/Wastewater Utility Fees for the Fiscal Year 2021-22 Budget (Staff recommendation: Direct Staff to include rate increases in FY 2021-22 Proposed Budget) ADJOURNMENT OF THE UTILITY COMMITTEE 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - May 25, 2021 PAGE 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA ACTIONABLE ITEMS 2. Evaluation of Bids – Fiscal Year 2021 Street and Alley Program (Staff recommendation: Award the contract to Grassbuster’s Landscaping, for the City of Dover FY 2021 Street and Alley Program, Bid #21-0034PW, for the amount of $713,294.00) 3. Evaluation of Bids – North Bradford Street Tree Removal (Staff recommendation: Award the contract to Asplundh Tree Expert, LLC, for the City of Dover North Bradford Street Tree Removal, Bid #21-0035PW, for the amount of $122,015.80) 4. Review of General Fund Fees for the Fiscal Year 2021-22 Budget (Staff recommendation: Direct Staff to include rate increases in FY 2021-22 Proposed Budget) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE ADOPTION OF THE AGENDA (ACTIONABLE AND INFORMATIONAL ITEMS) ACTIONABLE ITEMS 5. Request for Waiver – Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design Standards, Section E - Lots (Lands of Fountainview, LLC at 100 Ridgely Street) - Waiver to Reduce Required Lot Frontage Width on a Public Street associated with Minor Subdivision Plan to subdivide property consisting of 7.3386 acres into two parcels (Lot 1 and Lot 2) (Property Owner: Fountainview, LLC. Property Address: 100 Ridgely Street. Tax Parcel: ED- 05-076.08-01-01.01-000. Planning Reference: SB-21-02) (Planning Commission recommendation: Approval of the Minor Subdivision Plan and approval of Waiver Request to reduce required lot frontage on a Public Street subject to conditions) 6. Review of Bike Friendly Community Status INFORMATIONAL ITEMS 7. Update on a Mobile Command Centre and Substation 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - May 25, 2021 PAGE 3 ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole – Utility Committee DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: May 20, 2021 PREPARED BY: Matt Harline, Assistant City Manager SUBJECT: Review of Water Utility / Wastewater Utility Fees for the FY2021-22 Budget RELATED PROJECT: FY2021-22 Budget REVIEWED BY: Randy Robertson, City Manager EXHIBITS: Exhibit A – Excerpts from October 29, 2019 Presentation EXPENDITURE REQUIRED: N/A Discussion about water rates AMOUNT BUDGETED: Estimated revenue increase of $122,100 in water; $242,000 in wastewater budget to budget increase. FUNDING SOURCE (Dept./Page in CIP & Budget): Water & Sewer Bills TIMETABLE: Implementation on July 1, 2021 with FY202-22 Budget RECOMMENDED ACTION: Direct Staff to include rate increases in FY 2021-22 Proposed Budget BACKGROUND AND ANALYSIS At the October 29, 2019 Council Committee of the Whole – Utility Committee Meeting, NewGen Strategies & Solutions presented a detailed study of the water and wastewater (a.k.a sanitary sewer) utility rates. The study developed a revenue target that would pay for needed improvements in the Water and Wastewater Utilities. To reach that target, they suggested a series of small rate adjustments (mostly increases) over a four-year period. The recommendation of the staff followed the consultants’ recommendations closely and the Committee and City Council adopted the strategies recommended. Water: At our current rate of replacement for aging cast iron pipes, it will take us 95 years at $1M and 1 mile of pipe per year. With more funds available from low-cost financing, we can accelerate that pace, and as more iron is removed from the system the discoloration problem should be reduced. Moreover, many of the pipes being replaced are substandard size for proper fire flows and so slip-lining is not a viable option. Wastewater: Addressing the inflow and infiltration problem is a key capital need in the WW utility. The Capital Improvement Program (CIP) calls for a detailed study in the FY22 budget and a major capital investment in the subsequent year(s). Pump station upgrades, and technology upgrades are other major improvement areas. Excerpts from the presentation from October 29, 2019 are included for discussion. The entire presentation starts on page 7 of the following link: https://evogov.s3.us-west-2.amazonaws.com/meetings/27/attachments/7126.pdf 4

Exhibit A Item 1. October 29, 2019 City of Dover Water / Wastewater Rate Study Results and Recommendations Presentation to the City Council 5

Exhibit A Item 1. Revenue Requirements – O&M Expenses Water Operating Expenses Wastewater Operating Expenses $9.00 $9.00 Millions Millions 1.2% 1.2% 1.7% 1.2% 4.0% $8.00 $8.00 $7.55 $7.00 $7.00 $6.00 2.7% $6.00 2.6% 2.6% 5.6% Water Treatment Plant 5.4% Kent County Treatment Fees $5.00 $4.53 $5.00 Water Fund Expenses Wastewater Fund Expenses $4.00 $4.00 Water Department Wastewater Engineering $3.00 Water Engineering $3.00 Wastewater Department $2.00 $2.00 $1.00 $1.00 $0.00 $0.00 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2019FY 2020FY 2021FY 2022FY 2023FY 2024 6 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Revenue Requirements – Existing Debt $1.60 Millions % Change: 5.6% (0.1%) (0.1%) 0.2% $1.40 15.8% $1.20 $1.13 Series 2018 Wastewater Revenue Bond Series 2018 Water Revenue Bond $1.00 Series 2013 Wastewater Revenue Bond $0.80 Series 2013 Water Revenue Bond Series 2011 Wastewater Revenue Bond $0.60 Series 2010 Water Revenue Bond Series 2009 Wastewater Revenue Bond $0.40 Series 2000 Wastewater Revenue Bond $0.20 $0.00 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 7 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Revenue Requirements – Capital Improvements Water System Projects: Wastewater System Projects: • Vehicles & Equipment • Vehicles & Equipment • Meter Reading - Radio Read Meters • Sanitary Sewer Video Kit • Bradford Street Water Main Improvement • Tar Ditch Interceptor Upgrade • William Street Water Main Improvement • Rolling Acres Pump Station Replacement • N. State Street Water Main Replacement • Turnberry Pump Station • Denney's Road Water Tower • Westover Pump Station & Force Main Upgrade • Bulk Water Station - William Street • Lepore Road Sanitary Sewer upgrade • Future Well Installation • Sliver Lake Pump Station Replacement • Wellhead Redevelopment • Various Pump Station Replacements • Water Quality Improvements • Lincoln Street Gravity Sewer Repair • Repairing Line Breaks • SCADA Equipment & Technology Upgrade • Treatment Plant Improvements • Inflow/Infiltration Removal/System Improvements 8 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Financial Plan – Percentage of Annual Revenue Increase Water System Wastewater System $12.00 $12.00 1.0% Millions 6.0% Millions 7.0% 7.0% $10.00 $10.00 Cash Funded Capital Cash Funded Capital 6.0% 2.0% Projects Projects $8.00 7.0% 7.0% New Debt Service $8.00 New Debt Service Existing Debt Service Existing Debt Service $6.00 $6.00 Operating Expenses Operating Expenses $4.00 $4.00 Revenue at Current Rates Revenue at Current Rates $2.00 Revenue at Proposed $2.00 Revenue at Proposed Rates Rates $0.00 $0.00 FY FY FY FY FY FY FY FY FY FY FY FY 2019 2020 2021 2022 2023 2024 2019 2020 2021 2022 2023 2024 Note: Includes one time increase of $2.50 in water and wastewater flat fees in FY 2021 as well as Kent County pass-through rate increases. 9 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Recommended Rates - Water Water Rates FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Water Flat Rate Increase 0.0% 100.0% 0.0% 0.0% 0.0% Water Unit Rates Increase 0.0% 7.0% 7.0% 6.0% 2.0% Monthly Flat Rate per Account $2.50 $5.00 $5.00 $5.00 $5.00 Inside City Customers Tier 1: 0 - 6,000 gallons $3.00 $2.49 $2.66 $2.82 $2.88 Tier 2: 6,001 to 100,000 gallons $3.00 $3.11 $3.33 $3.53 $3.60 Tier 3: Over 100,000 gallons $3.00 $3.74 $4.00 $4.24 $4.32 Outside City Customers Tier 1: 0 - 6,000 gallons $4.50 $3.74 $4.00 $4.24 $4.32 Tier 2: 6,001 to 100,000 gallons $4.50 $4.67 $5.00 $5.30 $5.40 Tier 3: Over 100,000 gallons $4.50 $5.60 $5.99 $6.35 $6.48 10 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Recommended Rates - Wastewater Sewer Rates FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Sewer Flat Rate Increase 0.0% 100.0% 0.0% 0.0% 0.0% Sewer Unit Rate Increase 0.0% 7.0% 7.0% 6.0% 1.0% Sewer Groundwater Rate Increase 0.0% 7.0% 7.0% 6.0% 1.0% KCSA Rate Increase 10.3% 0.5% 0.5% 0.5% 0.5% Monthly Flat Rate per Account $2.50 $5.00 $5.00 $5.00 $5.00 Inside Sewer Rate per 1,000 gallons $2.65 $2.84 $3.03 $3.22 $3.25 Outside Sewer Rate per 1,000 gallons $3.98 $4.25 $4.55 $4.82 $4.87 Groundwater Rate per 1,000 gallons $1.50 $1.61 $1.72 $1.82 $1.84 KCSA Rate per 1,000 gallons $2.58 $2.59 $2.61 $2.62 $2.63 11 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Sample Bill Comparison – 3,000 gallons/mo. (Dover Median) Average, $51 City of Seaford $32 $44 City of Milford $30 $30 City of Salisbury $15 $38 Town of Georgetown $23 $28 City of Newark $21 $24 Dover Recommended FY 2021 $12 $26 Dover Current FY 2020 $12 $23 Water Sewer $- $10 $20 $30 $40 $50 $60 $70 $80 12 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Customer Impacts – Commercial (21k gal/yr.) 13 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Customer Impacts – Residential w/ Irrigation (35k gal/yr.) 14 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Customer Impacts – Residential (38k gal/yr.) 15 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Exhibit A Item 1. Customer Impacts – Hotel (41,181k gal/yr.) 16 NEWGEN STRATEGIES AND SOLUTIONS, LLC

Item 2. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Leg & Fin) DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: May 14, 2021 PREPARED BY: Sharon J. Duca, P.E., Public Works Director REVIEWED BY: Matt Harline, Assistant City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Evaluation of Bids – FY 2021 Street and Alley Program TIMETABLE: Notice to Proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed within one hundred and twenty (120) calendar days from issuance of Notice to Proceed, weather permitting. RELATED PROJECT: X REFERENCE: CIP- General Fund Projects EXPENDITURE REQUIRED: $713,294.00 AMOUNT BUDGETED: $936,000.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works Streets Division – CIP page 102, ST2101 Street, Concrete and Alley Program, Account No.: 101-12-18-35- 000-54031. STAFF RECOMMENDATION: Award the contract to Grassbuster’s Landscaping, for the City of Dover FY 2021 Street and Alley Program, Bid #21-0034PW, for the amount of $713,294.00. BACKGROUND AND ANALYSIS: The Fiscal Year 2021 Capital Improvement Plan includes funding for the FY 2021 Street, Concrete and Alley Program which is proposed to rehabilitate various pavement and concrete sections throughout the City of Dover. The total length of scheduled street repaving is approximately 1.30 miles. Included in this program are Clara Street (from Pear Street to North Queen Street), 139 Davis Circle (driveway apron and sidewalk repair), East Water Street (from River Road to New Castle Avenue), Lakeview Drive (road patch), Madison Avenue (from Pennsylvania Avenue to end), Mishoe Street (from College Road to Raymond Street), Park Drive (from East Loockerman Street to East Division Street), Raymond Street (from Mishoe Street to end), South American Avenue (from East Division Street to Kings Highway), Stevenson Drive (entrance and circle) and Winged Foot Court (from Carnoustie Road to cul-de-sac). The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #21-0034PW. Bids were opened on April 29, 2020. The 17

Item 2. City of Dover received seven (7) unit price bids for the proposed work to be performed. Based on the proposed quantities, the estimated contract values are as follows: BID PRICE EVALUATED CONTRACTOR LOCATION PRICE A-DEL CONSTRUCTION NEWARK, DE $905,357.40 $905,357.40 DIAMOND MATERIALS NEWPORT, DE $739,505.25 $739,505.25 ECM CORPORATION FORT WASHINGTON, MD $927,892.00 $927,892.00 GEORGE & LYNCH DOVER, DE $1,042,592.71 $1,011,314.93 GRASSBUSTER’S LANDSCAPING NEWARK, DE $713,294.00 $713,294.00 REYBOLD CONSTRUCTION BEAR, DE $934,206.65 $934,206.65 SAM’S CONSTRUCTION WILMINGTON, DE $827,358.20 $827,358.20 *George & Lynch was awarded a three percent (3%) reduction due to local vendor preference. City staff reviewed the submissions and found that Grassbuster’s Landscaping’s bid met all requirements for the qualifications of the project. Staff recommends awarding the contract to Grassbuster’s Landscaping in the amount of $713,294.00 for the FY 2021 Street and Alley Program. 18

Item 2. N QU EEN ST EET A STR CLAR LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R L R STR T DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 6/20/19 19 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-01

Item 2. DAVIS CIRCLE PAUL STREET 13 9 LEGEND CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R 13 S R L DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 3/25/21 20 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-02

Item 2. RO EAST WA TER STRE AD ET ER RIV NUE E AVE NEW CAST L LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R ST T R STR T DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 6/20/19 21 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-03

Item 2. LEGEND ROAD REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R L R - T DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 3/25/21 22 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-04

Item 2. ENUE N AV MADISO LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R S N N DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 6/05/2020 23 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-05

Item 2. M ISH OE ST RE ET LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R S STR T DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 6/05/2020 24 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-06

Item 2. STREET DI V ISION EAST PAR K DR IVE LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R R R DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 9/20/19 25 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-07

Item 2. ET RE ST N D O AYM R LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R R N STR T DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 6/05/2020 26 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-08

Item 2. M TH A SOU ERIC AN A E VENU LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R S T R N N DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 6/20/19 27 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-09

Item 2. STE VEN SON DR IVE LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R ST NS N R DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 3/25/21 28 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-10

Item 2. WI NG ED FO OT CO UR T LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2021 STR T N LL R R N T RT DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 3/30/2021 29 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2021-11

Item 3. NOR TH B RADF S ORD TREE T LEGEND ROAD REPAIR CONCRETE REPAIR NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE FIELD VERIFIED. -2020 STR T N LL R R N RT R R STR T DEPARTMENT OF PUBLIC WORKS DRAWN: RLL DATE: 7/03/19 30 CKD: --- SCALE: NTS APRVD: --- DWG. NO: ST2020-01

Item 3. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Leg & Fin) DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: May 14, 2021 PREPARED BY: Sharon J. Duca, P.E., Public Works Director REVIEWED BY: Matt Harline, Assistant City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Evaluation of Bids – North Bradford Street Tree Removal TIMETABLE: Notice to Proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed within sixty (60) calendar days from Notice to Proceed issuance, weather permitting. RELATED PROJECT: FY 2020 Street and Alley Program REFERENCE: CIP – General Fund Projects EXPENDITURE REQUIRED: $122,015.80 AMOUNT BUDGETED: $0.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works – CIP Project ST2001 Street, Concrete and Alley Program, Account No.: 101-12-18-35-000-54031. Shortfall to be supplemented by savings in the Department of Public Works – CIP Project ST2007 Operations Yard Relocation and Improvements, Account No.: 101-12-18-35- 000-54030. STAFF RECOMMENDATION: Award the contract to Asplundh Tree Expert, LLC, for the City of Dover North Bradford Street Tree Removal, Bid #21-0035PW, for the amount of $122,015.80. BACKGROUND AND ANALYSIS: On February 10, 2020, City of Dover City Council awarded the FY 2020 Street and Alley Repaving Program to George & Lynch, Inc. This work consists of replacing cracked and damaged curbs, sidewalks and drainage inlets as well as milling off the exiting asphalt surface and replacing it with new asphalt. The final phase of this program consists of over half a mile of North Bradford Street from Walker Road to just south of Mary Street, adjacent to Wesley College. As part of the Street and Alley Repaving Program, trees are identified that must be removed to facilitate the street rehabilitation. Tree removal is necessary when manipulation of the root structure during the 31

Item 3. concrete and asphalt rehabilitation process will damage the tree. In the past, only a few trees have been identified for removal for street rehabilitation projects and can be removed in-house by the Grounds Division of the Parks & Recreation Department. On North Bradford Street, however, seventy-five (75) trees have been identified as requiring removal based upon a field review by a third-party certified arborist. This number exceeds the number of trees that can effectively be addressed in-house. The costs to remove these trees were not originally budgeted for and has resulted in a delay of the project. Various options were evaluated to determine how best to address the tree issues identified. These options included leaving the trees in place, working around the trees, altering the construction sequence of the project and following the typical sequence of construction for the project. It has been determined that the typical sequence of construction is the best way to proceed although it may not be aesthetically pleasing. This option will ensure that tripping hazards are removed, the project area will become ADA compliant, that on street parking will remain available, that resident’s properties will remain private and that the City does not create public safety and liability issues associated with making the trees structurally unstable. City staff will be engaging with the public, especially residents of North Bradford, to alleviate any concerns and to reiterate the importance of making safety the priority. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #21-0035PW. Bids were opened on May 13, 2020. The City of Dover received two (2) lump sum bids for the proposed work to be performed. The contract values are as follows: BID PRICE EVALUATED CONTRACTOR LOCATION PRICE ASPLUNDH TREE EXPERT, LLC DOVER, DE $122,015.80 $118,355.33* GRASSBUSTERS LANDSCAPING, INC. NEWARK, DE $193,294.00 $193,294.00 *Asplundh Tree Expert, LLC was awarded a three percent (3%) reduction due to local vendor preference. City staff reviewed the submissions and found that Asplundh Tree Expert, LLC’s bid met the requirements for the qualifications of the project. Staff recommends awarding the contract to Asplundh Tree Expert, LLC in the amount of $122,015.80 for the North Bradford Street Tree Removal project. 32

Item 4. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole – Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: May 20, 2021 PREPARED BY: Matt Harline, Assistant City Manager SUBJECT: Review of General Fund Fees for the FY2021-22 Budget RELATED PROJECT: FY2021-22 Budget REVIEWED BY: Randy Robertson, City Manager EXHIBITS: Exhibit A: Revenue Charts EXPENDITURE REQUIRED: Proposed revenue increases AMOUNT BUDGETED: Projected increased revenue of approximately $318,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Sanitation fees and police fines TIMETABLE: Implementation on July 1, 2021 with FY202-22 Budget STAFF RECOMMENDATION: Direct Staff to include rate increases in FY 2021-22 Proposed Budget BACKGROUND AND ANALYSIS A full review of fees and fines is ongoing, but these are two of the largest revenue enhancement options. Sanitation Fees: The Sanitation Department has always been a part of the General Fund and is currently operating at a deficit. The proposed rates increases are part of a strategy to operate the Sanitation Department more along the lines of an enterprise fund where user fees pay the entire cost of operations and possibly generate a prudent reserve. Without changes to the rates we estimate a “loss”/General Fund subsidy of $453,000 for FY22. The proposed increases in FY22 and FY23 would reduce the operating loss to approximately $164,000 in FY22 and eliminate it in FY23. Although staff had not anticipated raising sanitation rates at the Council Workshop on May 1, 2021, the need to generate revenue in a way that was equitable and logical required us to look at accelerating the plan to bring the refuse rates in line with a full-cost revenue generation model. When compared to trash collection rates, we believe that the proposed increases keep our rates competitive, and the proposal eliminates a higher rate currently charged to manufactured homes. Police Fines: In an attempt to find revenue sources that will burden the majority of citizens, we looked at fines as a possible revenue enhancement. Fines can be avoided by following City ordinances. The City lags behind Newark in the main revenue generating fine of parking beyond hours. While there will be a decrease in on-street revenue in the Downtown area with the implementation of DDP’s parking plan, we believe the new traffic enforcement software with online payment options will net an increase in revenues overall. We also recommend streamlining the increased fee for late payment to double after 14 days and eliminating the 72-hour increase. Staff proposes increasing the security alarm fines as well. Currently Dover false alarm fines break out as follows: 1-2 no fine issued; for 3-5 false alarms the fine is $25.00; 6-9 is $50.00; 10-15- is $100.00; 16 plus is $150.00. Our recommendation is: the first two will still be free and the next two $50 and $150 after that. In discussing this with the Police Department staff, a significant amount of time is spent in researching the number of incidents and assessing the correct fine, in addition to lost time and manpower driving to and checking properties on false alarm calls. 33

Item 4. EXHIBIT A Proposed Sanitation Rates CURRENT RATES & REVENUES FY 2022 PROPOSED RATES & REVENUES FY 2023 PROPOSED RATES & REVENUES Rate Service # of Cont. Annual Rate Annual Rate Annual $21.00 Std. Res. 10,267 $2,587,200.00 $23.00 $2,888,400.00 $25.00 $3,200,400.00 $24.00 RMH 280 80,400.00 $23.00 76,800.00 $25.00 $84,000.00 $43.00 90 gal 2x 183 94,800.00 $46.00 100,800.00 $50.00 $110,400.00 $63.00 90 gal 3x 6 4,800.00 $69.00 4,800.00 $75.00 $6,000.00 $72.00 300 gal 1x 358 309,600.00 $69.00 296,400.00 $75.00 $322,800.00 $85.00 90 gal 4x 3 3,600.00 $92.00 3,600.00 $100.00 $3,600.00 $143.00 300 gal 2x 20 34,800.00 $138.00 33,600.00 $150.00 $36,000.00 $271.00 - - $207.00 - $225.00 $0.00 11,117 $3,115,200.00 $3,404,400.00 $3,763,200.00 $12,000.00 $12,000.00 $12,000.00 $3,127,200.00 $3,416,400.00 $3,775,200.00 RESIDENTIAL JURISDICTION UNITS RATE INCLUDED SERVICES ANNUAL REVENUE approx. Yard waste Trash, Recycle, YW – or – $4,477,500 Kent County 15,000 $312.50/yr Trash, Recycle - Yes No yard w. Bulk – 4 bulk items / week $284.50/yr Brush – only in YW district residential $26.00/mo Trash, Recycle, YW - Yes $1,371,864 Milford 4,178 until 7/1/21 Bulk/Brush – 2 requests included per year then $50 commercial each 219 approx. $23.90 Trash, Recycle, YW - Yes $5,162,400 Middletown 18,000 Bulk – schedule pickup 1,460 $33.00/mo Trash, Recycle, YW - Yes $578,160 Laurel Bulk/Brush - No Proposed Police Department Fines (account 35113) Fine Avg. Infractions Proposed (FY 19 Current Proposed Enhanced Additional and 20) fine Newark Base Fine Fine* Revenue Certain Hours 1410 $15 $20 $20 $40 $9,880 Parking Unregistered 603 $25 $20 $30 $60 $4,820 /Wrecked MV False Alarm 3-5 4th $100 318 $25 5th $150 $50 $150 $10,150 6th $200 Yellow Curb 224 $25 $20 $20 $60 $1,800 Face Wrong 210 $25 $20 $30 $60 $1,680 Direction Projected additional revenues $28,330 34

Item 5. City of Dover CONSIDERATION OF SUBDIVISION WAIVER REQUEST Review by Council Committee of the Whole: Safety Advisory & Transportation Committee Recommendation from Planning Commission Meeting of May 17, 2021 with Staff and Development Advisory Committee Review Plan Title: Lands of Fountainview, LLC at 100 Ridgely Street, SB-21-01 Plan Type: Minor Subdivision Plan Applicant/Owner: Fountainview, LLC Property Location: At terminus of Ridgely Street and north of Fulton Street Property Address: 100 Ridgely Street Tax Parcel: ED-05-076.08-01-01.01-000 Existing Parcel Area: 7.3386 acres +/- Parcels to be Created: Lot 1: 3.5429 acres +/- Lot 2: 3.7957 acres +/- Zoning: IPM (Industrial Park Manufacturing Zone) Subdivision Waiver Request: Reduction of Required Lot Frontage Width on a Public Street Planning Commission Recommendation: The Minor Subdivision Plan Application SB-21-02 was represented by the property owner and their lawyer and the project’s engineering firm. A Public Hearing was conducted on May 17, 2021 where no members of the public spoke. The Planning Commission moved by vote of 6-0 to recommend in favor of the proposed Minor Subdivision Plan and including approval of the Subdivision Waiver allowing for the reduction in the required Lot Frontage Width on a Public Street for Lot 1. The approval also references the DAC Comments and a requirement to establish cross access easements among Lots 1 and 2 and other parties served by the access drive/easement. (Draft Meeting Minutes attached.) This Subdivision Waiver Request is forwarded to the Council Committee of the Whole: Safety Advisory and Transportation Committee and City Council who has the final authority to grant the request. The following is the Development Advisory Committee Report prepared for SB-21-02 including the application review narrative and Department/Agency Review comments. P. O. Box 475 Dover, DE 19903 35 Community Excellence Through Quality Service

Item 5. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: May 5, 2021 APPLICATION: Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street FILE #: SB-21-02 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY This Application is the Review of a Minor Subdivision Plan to subdivide a property consisting of 7.3386 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 is to be 3.5429 acres+/- and encompasses the east side of the property including an access easement area extending from the northern stub of Ridgely Street. Lot 1 only has a street frontage of 40.12 feet on Ridgely Street. Lot 2 is to be 3.7957 acres+/- and encompasses the western residual portion of the property with frontage on Ridgely Street and on unimproved segment of Fulton Street. The subject property is located at the terminus of Ridgely Street and north of Fulton Street. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Fountainview, LLC c/o Morgan Shank. Property Address: 100 Ridgely Street. Tax Parcel Number: ED-05-076.08-01-01.01-000. Council District 4. Previous Applications The property was the subject of several applications for site development included S-08-43 Warehouse Storage Buildings on Lands of Ridgely Street, LCC and S-00-19 Contractors Office & Storage Building on Lands of Bandurski; both plans are expired. II. PROJECT DESCRIPTION – Minor Subdivision This Minor Subdivision Plan proposes to subdivide the property into two lots. See the following Table for summary of the lots. Site Proposed Acreage Area Lot 1 3.5429 acres East side of property including access easement area extending north from Ridgely Street Lot 2 3.7957 acres West side of property including wooded areas and wetlands TOTAL 7.3386 acres The existing configuration of the terminus of Ridgely Street and the existing access easement that continues north divide this tract of land into two pieces. This Minor Subdivision will formalize the division into two parcels allowing for future development on each side of the access easement which includes also a number of existing utility lines. 36

Item 5. SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021 Page 2 III. SUBDIVISION REGULATIONS REVIEW The procedures for subdivision of land are found in the Land Subdivision Regulations. Planning Staff confirms this application as a Minor Subdivision. Therefore, the Planning Commission may find the application is subject to one public hearing and review for action by the Planning Commission followed by the administrative process to complete the Final Plat for recordation. In order to subdivide the property, the plan review must ensure that the subdivision does not create any non-conformities with the bulk standards of the Zoning Ordinance. These bulk standards include minimum lot size, front yard setbacks, side yard setbacks, rear yard setbacks, floor area ratio, etc. See also discussion below under Zoning Review. Subdivision Waiver Requested: Reduction of Required Lot Frontage Width on a Public Street The IPM (Industrial Park Manufacturing Zone – Conventional Planned) requires a Lot Width of 200 feet. As proposed, the Minor Subdivision Plan would create a lot (Lot 1) with a limited Lot Width and Frontage on a public street. In the Subdivision Waiver Request submitted by the applicant, the applicant discusses the Lot Width/Frontage for Lot 1 at a width of 40.12 feet at the northern terminus of Ridgely Street and the provisions for access to Lot 1 from the street terminus via an existing easement. The proposed Lot 2 has frontage of over 122 feet on Ridgely Street and frontage of approximately 340 feet along the unimproved Fulton Street. The purpose of the requirement for frontage on a public street is to ensure access to lots created. The bulk standards such a Lot Width are to ensure appropriate sizing of the property for development activity. According to the Land Subdivision Regulations, Article VI. Subdivision General Requirements and Design Standards, Section E. Lots: 1. Lot width, depth, shape and orientation, and the building setback lines shall be appropriate for the location of the subdivision, for the type of development and for the use contemplated. 2. Lot sizes shall conform to the requirements of the zoning ordinance. 3. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to comply with the off-street parking and loading requirements contained in the zoning ordinance. 5. All lots in a subdivision shall have frontage on a public street. According to the Land Subdivision Regulations, Article VII. Special Provisions, Section A. Variance and Waiver: 1. Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commission may recommend to the city council, and the city council may vary or waive said requirements, provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. In varying or waiving certain requirements, the council may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived. 37

Item 5. SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021 Page 3 IV. ZONING REVIEW IPM Zoning District The property is zoned IPM (Industrial Park Manufacturing Zone) and subject to the regulations of Zoning Ordinance, Article 3 Section 20 and Article 4 Section 4.16. The following table highlights some of the lot design standards for the IPM (Industrial Park Manufacturing Zone). Minimum Required IPM (Conventional Lot) Lot area 2 ½ acres Lot Width (ft.) 200 feet Lot Depth (ft.) 300 feet Front Yard Setback (ft.) 60 feet Side Yard Setback (ft.) 40 feet Rear Yard Setback (ft.) 40 feet Side or rear yards which adjoin a residence zone (ft.) 100 feet Off-Street Parking Spaces Per 800 sq. ft. floor area or 1 Per employee per largest working shift (if greater than the 1 requirement under the floor area calculation) Maximum Permitted: Building Height: Stories Not limit Feet Equal to distance to nearest lot line Floor Area Ratio 0.5 Lot Coverage 75% This subdivision of land and any future development or use of the parcels are subject to the requirements found in the City of Dover Zoning Ordinance, Article 3 §20 and referenced sections outlined in the permitted uses for the IPM Zone. V. SITE CONSIDERATIONS Site Access The access to the subject property (and the proposed Lots 1 and 2) will be from Ridgely Street. There is also an opportunity for construction of the unimproved segment of Fulton Street. The details of such access will be part of a future site development plan review process. Sidewalk Zoning Ordinance, Article 5 §18 requires the installation of sidewalks/pathways along the public street frontage of a property whenever such property is involved in certain plan type submissions. For the lands involved in this Minor Subdivision Plan, the requirement for sidewalks will be considered during a future site development plan process. VI. TREE AND LANDSCAPE PLANTING When the site development of the individual parcels (Lots 1 and 2) occurs, the development will 38

Item 5. SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021 Page 4 be required to meet the provisions for Landscape Guidelines and Tree Planting and Preservation. These tree preservation, tree planting and landscaping requirements are subject principally to the regulations found in Zoning Ordinance, Article 5 Sections 15 and 16 and are also addressed in other various sections of code related to buffering, screening, and open space. This is not required for this Minor Subdivision Plan review. VII. CITY AND STATE CODE REQUIREMENTS The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Sheet 1, in the Data Column: a. Under Bulk Standards, noted that it is the IPM – Conventional Lot. b. Add action taken on Subdivision Waiver including dates. 2) Sheet 2 - Minor Subdivision Plan: a. Provide deed reference for existing access/utility easement area. b. Clarify labels for distances along segments on the south property line for Lot 1. c. Remove labels for “existing edge of pavement” as this is not shown on this plan sheet. 3) Sheet 3 - Existing Conditions Plan: a. Add tie line from wetland buffer label to line depicting the location. b. Clarify if the stormwater drainage pipe shown crossing the Lot 2 area has an easement. If not, then it may need to be established. c. Clarify if sanitary sewer pipe shown crossing Lot 1 area has no easement. If not, then it may need to be established. 4) The Record Plan Sheet must document and identify any existing and proposed easements for cross access, utilities, drainage, etc. associated with the subdivision of these lot. However, any associated recorded documents may need to be updated to clarify rights are for both Lot 1 and Lot 2. 5) Provide any information on any agreements established regarding responsibilities for existing access drive aisle and utilities. Add notes to the Record Plan sheet as necessary for reference. 6) Of the two lots proposed, Lot 1 does not have the full lot width (frontage) required on a public street. According to the Land Subdivision Regulations, Article VI. Subdivision General Requirements and Design Standards, Section E. Lots, all lots are required to have frontage on a public street and have to comply with a specific lot width which is 200 feet for this IPM zoned property. A Waiver Request was submitted to allow creation of the Lot 1 recognizing the available lot width/frontage of 40.12 feet at the terminus of Ridgely Street. The Planning Commission shall make a recommendation to City Council. This recommendation will be forwarded to the Safety Advisory and Transportation Committee, who will in turn make a recommendation to City Council. a. In order to grant a waiver of the requirement that all lots have frontage on a public street of a specific width, the Planning Commission and City Council shall determine 39

Item 5. SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021 Page 5 that compliance with the requirements of the ordinance would cause extraordinary and unnecessary hardship and that “such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations.” b. All necessary easements to provide access to and between the Lots, including any known access required for utility installation and drainage needs, shall be secured and incorporated into the Record Plan prior to approval of the Minor Subdivision for recordation. 7) The Final Record Plat submission must include requirements described in Dover Code of Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat and any additional requirements of the Planning Commission. 8) The formal Record Plan will need to be recorded upon completion of the approval process with any corrections identified by the reviewing agencies. VIII. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted in order to promote and protect the public health, safety, convenience and general welfare; ensure the orderly growth and development of the City, the conservation, protection and proper use of land, and adequate provision for housing, recreation, circulation, utilities and services; and safeguard the City from undue future expenditure for the maintenance of streets and public spaces. 1) This Minor Subdivision Plan creates two (2) lots out of the one parcel; the areas remain zoned IPM. The Subdivision Plan generally complies with the Land Subdivision Regulations. 2) The proposed Minor Subdivision Plan for the was evaluated. The subdivision of this property into two (2) individual lots does not impede the plan to develop the site. 3) Waiver of Requirement for Reduction of Required Lot Frontage Width on a Public Street: In order for City Council to grant a waiver from the requirements of the Land Subdivision Regulations, the applicant must demonstrate that compliance with the requirements of the Regulations would cause extraordinary and unnecessary hardship, and that the variance or waiver “shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations.” a) Staff notes that each of the Lots proposed will have frontage on a public street; it is only one of the parcels that lacks the full lot width of 200 feet required. Lot 1 does have 40.12 feet of frontage and also has over 400 linear feet of the access easement included on its parcel; thus, access to a public street is provided. The applicant has noted the unique existing configuration of the property and the existing access easement as part of their request. There probably could be a lot configuration arranged that would give both Lots the required lot width, but it would result in very irregular parcels and require street segment improvements and /or development. 40

Item 5. SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021 Page 6 b) Staff finds that the presence of the existing access drive and utilities effectively divides this tract into two areas already and limits the placement of potential buildings due to the existing infrastructure that cross the property to serve other areas. c) Staff recommends that if the waiver is granted, the Planning Commission require cross access easements among both Lots 1 and 2 and with the other parties served by the existing access drive/easement. d) Staff recommends that the condition of the existing access drive be evaluated as maintenance and/or improvements may be required for its current usage. A more detailed design of improvements for the access drive may also be required with the future site development plans for Lots 1 and 2. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are offered for consideration by the Planning Commission. IX. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the Minor Subdivision Plan occur in the finalization of the Plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies making recommendations in regard to the plan. 2) Following Planning Commission approval of the Minor Subdivision Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan must be submitted for final endorsement prior to recordation at the Kent County Recorder of Deeds Office. 3) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 4) The applicant shall be aware that Minor Subdivision Plan approval does not represent a site development approval, a Building Permit, Sign Permit, and associated construction activity permits. A separate application process is required for review and approvals for development activity from the City of Dover. Findings and Recommendations of the Dover Planning Commission At the Virtual Planning Commission Meeting on May 17, 2021, the Planning Commission reviewed the proposed Waiver Request as part of its review of the Minor Subdivision for the Lands of Fountainview LLC at 100 Ridgely Street. The Application (SB-21-02) was represented by Daniel DeMott, lawyer of Baird Mandalas & Brockstedt; Troy Adams of the application’s engineering firm Mountain Consulting Inc.; and Morgan Shank of the property ownership entity Fountainview LLC. During the Public Hearing, no members of the public spoke. Following a Public Hearing, the Planning Commission recommended approval of the Minor Subdivision Plan and approval of the requested Subdivision Waiver to allow a Reduction of the Required Lot Frontage Width on a Public Street for Lot 1 (as a width of 40.12 feet at the existing terminus 41

Item 5. SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021 Page 7 of Ridgely Street). The motion also referenced the DAC Comments that would require cross access easements among Lots 1 and 2 and the other parties served by the access drive/easement. The motion passed unanimously 6-0 of the members present (three members absent). See also the included excerpt of the DRAFT Meeting Minutes of the May 17, 2021 Planning Commission meeting. Attachments: • Development Advisory Committee Comments: Comments from City of Dover Public Works Department, Department of Water & Wastewater, Electric Department, City Office of the Fire Marshal, DelDOT, and Kent Conservation District • Subdivision Waiver Request Narrative Letter of April 1, 2021 • Minor Subdivision Plan Sheets • Excerpt of Planning Commission Meeting Minutes of May 17, 2021 42

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: APRIL 28, 2021 APPLICATION: Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision Plan FILE #: SB-21-02 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. The Department of Public Works has no objections to the minor subdivision 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. 43

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: APRIL 28, 2021 APPLICATION: Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision Plan FILE #: SB-21-02 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER / GENERAL 1. Our office has no objection to the minor subdivision plan. Further requirements will be provided if additional site plan development is submitted. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER 1. Please be advised that future utility connection shall not be made through the adjacent properties. The water and wastewater connection shall be made through the City’s right-of-way. If the connections are to be made through the properties, easements will be required between parties and the City of Dover. GENERAL 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 44

Item 5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: APRIL 28, 2021 APPLICATION: Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision Plan FILE #: SB-21-02 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 45

Item 5. Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision Plan File #: SB-21-02 April 28, 2021 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 46

C F SB-21-02 Item 5. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 04/28/21 D S O H V A E L R APPLICATION: Lands of Fountainview LLC at 100 Ridgely St FILE #: SB-21-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is minor subdivision plan to subdivide a property into two parcels. This office has no objections. 2. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, 47

Item 5. property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 3. Project to be completed per approved Site Plan. 4. Full building and fire plan review is required. 5. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 6. Construction or renovations cannot be started until building plans are approved. 7. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 8. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. The access easement needs to be repaired and maintained. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 48

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Fountainview LLC (100 Ridgley Street) FILE#: SB-21-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No comment to the minor subdivision. 2. Frontage Road is non State-Maintained Road. 49

Item 5. April 1, 2021 Dawn Melson-Williams, AICP Principal Planner City of Dover Department of Planning & Inspections RE: Subdivision Waiver Request 100 Ridgely Street Tax Parcel No. ED-05-076.08-01-01.01-00001 Dear Mrs. Melson-Williams: Mountain Consulting, Inc. has prepared a Minor Subdivision Plan for the above-referenced parcel. This parcel is unique in that it fronts on the northern stub of Ridgely Street (just north of Fulton Street) and fronts along an Unimproved Street. Additionally, a paved 40-feet wide access easement starts at the north end of Ridgely Street and continues northerly through the subject property, and terminates at the adjacent property currently owned by HSM Holdings I, LLC and JMS Exchange, LLC. The paved easement is used by the subject property and the adjacent property. As illustrated on Sheet 2 entitled Minor Subdivision Plan, a new division line is proposed along the western edge of the paved 40-feet wide access easement. The result is the creation of an additional lot, Lot 1. Lot 1 will have a street frontage of 40.12 feet along Ridgely Avenue. This parcel is zoned IPM (Conventional Planned) and Article 4, Section 4.16 requires a lot width of 200 feet along a street frontage. We are requesting a waiver from the 200 feet width requirement. Thank you for your consideration. Kind regards, MOUNTAIN CONSULTING, INC. Troy L. Adams, P.E. Vice President 50

Item 5. CITY OF DOVER MINOR SUBDIVISION PLAN - TITLE SHEET Y ST . 100 RIDGELY STREET MAR SITE FOUNTAINVIEW, LLC ON S T . CITY OF DOVER - KENT COUNTY FULT ISION ST. IV W. D STATE OF DELAWARE FOREST ST. LINCOLN ST. LOCATION MAP 1"=800' AERIAL VIEW 1"=200' EXISTING LOT CONFIGURATION PROPOSED LOT CONFIGURATION LOT CONFIGURATION INSET FOUNTAINVIEW, LLC 100 RIDGELY STREET 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 T-302-744-9875 F-866-672-6428 51

Item 5. . Y ST MAR SITE T . ON S FULT ST. IVISION W. D FOREST ST. LINCOLN ST. LOCATION MAP 1"=800' FOUNTAINVIEW, LLC 100 RIDGELY STREET 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 T-302-744-9875 F-866-672-6428 52

Item 5. . Y ST MAR SITE T . ON S FULT ST. IVISION W. D FOREST ST. LINCOLN ST. LOCATION MAP 1"=800' FOUNTAINVIEW, LLC 100 RIDGELY STREET 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 T-302-744-9875 F-866-672-6428 53

Item 5. CITY OF DOVER PLANNING COMMISSION May 17, 2021 Excerpt from Meeting Minutes – Draft The Meeting of the City of Dover Planning Commission was held on Monday, May 17, 2021 at 5:30 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones, Mr. Baldwin, and Mrs. Maucher. Mr. Adams, Mrs. Malone, and Mr. Roach were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Tracey Harvey, Mr. Jason Lyon and Mrs. Kristen Mullaney. SB-21-02 Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision Plan - Public Hearing and Review of a Minor Subdivision Plan to subdivide a property consisting of 7.3386 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 is to be 3.5429 acres+/- and encompasses the east side of the property including an access easement area extending from the northern stub of Ridgely Street. Lot 1 only has a street frontage of 40.12 feet on Ridgely Street. Lot 2 is to be 3.7957 acres+/- and encompasses the western residual portion of the property with frontage on Ridgely Street and on unimproved segment of Fulton Street. The subject property is located at the terminus of Ridgely Street and north of Fulton Street. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Fountainview, LLC c/o Morgan Shank. Property Address: 100 Ridgely Street. Tax Parcel Number: ED-05-076.08-01-01.01-000. Council District 4. Waiver Requested: Subdivision Waiver to Reduce Required Lot Frontage Width on a Public Street. Previous Applications for development of this property included S-08- 43 Warehouse Storage Buildings on Lands of Ridgely Street, LCC and S-00-19 Contractors Office & Storage Building on Lands of Bandurski; both plans are expired. Representatives: Mr. Troy Adams, Mountain Consulting; Mr. Daniel DeMott, Baird, Mandalas & Brockstedt; Mr. Morgan Shank, Fountainview, LLC Mrs. Melson-Williams stated that the Lands of Fountainview, LLC is a Minor Subdivision application. The property is located at what is the terminus of Ridgely Street in the segment that is north of Fulton Street. If you are looking at the screen, Fulton Street is kind of at the bottom of the page and this is to the north of that. Ridgely Street comes up midway and that the area that is hashed is actually an existing easement that crosses north/south through the property. Their proposal is to divide this existing parcel of land which is at just over 7.3 acres into two lots. The first one being Lot 1 which is on the east side of that access drive and would include that access drive. There is a Lot 2 which is to be the western side of the property. Both of these lots are a little over 3.5 acres each. The zoning of the property would remain at IPM (Industrial Park Manufacturing Zone) and we have to look to those Bulk Standards for a conventional lot in the IPM (Industrial Park Manufacturing Zone) when looking at this Subdivision Plan. They are requesting one Waiver and it is for a reduction of the required lot frontage width on a public street. That is a provision in our Subdivision Regulations. With the proposed configuration of the two lots, Lot 1 basically ends up with a frontage at the terminus of Ridgely Street of just over forty feet; that is an existing condition there. The Lot 2 has the appropriate amount of frontage Excerpt of Planning Commission Meeting Minutes of May 17, 2021 Page 1 of 4 54

Item 5. because it has frontage on Ridgely Street and then the unimproved section of Fulton Street that moves toward the railroad tracks. They are seeking a Subdivision Waiver which the Planning Commission will need to make a recommendation on this evening and then that Subdivision Waiver must be reviewed by City Council for their consideration and action on that. There are instances where a Subdivision Waiver can be sought when there are special conditions or formats of the property as long as it is not detrimental to public health, safety or general welfare. A lot of things that typically you are used to seeing with an initial subdivision such as this, should either one of the lots be developed in the future then it would be subject to some type of Site Development Plan Review which is where you would see more detailed provisions regarding access, sidewalks and landscaping. This Application does create two lots out of the existing property; it does not impede on either side to develop and Staff is recommending approval of the Waiver Request dealing with that reduction in the lot frontage width on a public street. With the easement that will be maintained, that is certainly an opportunity for better access to the Lot 1 area. That existing easement does have a number of utilities in it already and it serves to access property to the north so it would be in place during future development activity. The DAC Report does include comments from the other agencies. Most of them have no objections to the Subdivision Plan and they offer some advisory information regarding future development activity on the property. The applicant did submit a written Waiver Request and that was also included in your packet. Mr. DeMott stated that he is here on behalf of the owner, Fountainview, LLC. They are the owner of 100 Ridgely Street and that parcel is further identified as Tax Parcel ED-05.076.08-01- 01.01-000. On April 21, 2021, Mr. Adams filed an application on behalf of Fountainview, LLC for development with the City of Dover Planning Commission for a Minor Subdivision Plan located at 100 Ridgely Street. That application is designated SB-20-02. The application included the Application form, an Application for Mailing List, the Project Contact List, a Checklist for the Site Plan application, twenty-one full sets of plans, and a copy of the written Waiver Request for the reduction of the required lot frontage on a public street. On April 28, 2021, the Development Advisory Committee reviewed the application and he will discuss those comments tonight as part of his summary. There is some land use history on this project, and these are mentioned in the DAC comments, but there were previous applications for site development including a plan that is labeled S-08-43 for warehouse storage buildings on the land and a plan designated S-00-19 for a contractor’s office and storage buildings on the lands of Bandurski. Both of those plans have expired, and the property currently exists as a vacant parcel. As you will notice from the Site Plan and the DAC comments, the existing configuration of the terminus of Ridgely Street and the existing access easement that continues north, divide this tract of land into two separate parcels. What this means is that the parcel is already physically separated by an access road; so, the approval of this Minor Subdivision will only formalize the existing division between the two parcels and will also allow for further development on each parcel that is located to the east and the west of that access easement which he believes that Mrs. Melson- Williams said will also include a number of existing utilities. The applicant, Fountainview, LLC is before the Commission this evening and they are requesting approval of the Minor Subdivision Plan to divide the property like Mrs. Melson-Williams said. The new division line is proposed along the western edge of the paved forty feet wide access easement. Lot 1 is to be 3.5429 acres and it will encompass the east side of the property including the access easement existing from the north part of Ridgely Street and continuing north. Lot 1 only has a street frontage of 40.12 Excerpt of Planning Commission Meeting Minutes of May 17, 2021 Page 2 of 4 55

Item 5. feet on Ridgely Street and he will address the applicant’s Waiver Request in a moment. Lot 2 is going to be approximately 3.2795 acres and that will be the western portion of the street with frontage on Ridgely Street and the unimproved segment of Fulton Street which includes some wooded area as well. The applicant provided proper notice to the property owners within 200 feet of the property ten days prior to the hearing date. The notice included the nature of the application, the time, the date, the place of the public hearing before this Planning Commission and it additionally posted public notice in the form of an advertisement published in the newspaper at least ten days prior to the hearing as well. They are requesting a Waiver from the 200 feet along the street frontage requirement to allow the width of 40.12 feet for Lot 1 as part of the Minor Subdivision Application. The purpose of the public street frontage requirement is to ensure that there is access created for the lots and that the purpose of the Bulk Standards ensures that lot sizes are appropriate for the development activity. Respectfully, we are requesting this afternoon that the Commission recommend approval for that Waiver as part of the Minor Subdivision Application for three reasons. One is the compliance with the frontage requirements would cause an extraordinary and unnecessary hardship on the applicant. The grant of the Waiver is not going to be detrimental to public health, safety, or the general welfare and the grant of the Waiver is also not going to have any affect on nullifying the intent or the purpose of the official Zoning Map, Zoning Ordinance, the Development Plan or the Zoning and Subdivision Regulations as well. This parcel is uniquely configured with this access easement that divides the parcel already. The DAC comments also note that there could be a lot configuration that would give both of the lots the required width but doing so what result in a very unregular parcel and require street segment improvements and development. The DAC also comments that Lot 1 has 40.12 feet of frontage and also has over 400 linear feet of access easement included on the parcel so as a result, access to the public street is provided which is the specific purpose of the street frontage requirement. They believe that the 40.12 feet of street frontage allows for sufficient access to Lot 1 considering the access from the street terminus by the existing easement access to the proposed lots from Ridgely Street. And then there would also be an opportunity for construction of the unimproved segment of Fulton Street that would be part of any future site development plan review process. In accordance with the Land Subdivision Regulations, the proposed subdivision will otherwise comply with the Bulk Standards of the Zoning Ordinance including the minimum lot size of 2.58 acres, the front yard setbacks at 60 feet and rear and side yard setbacks at 40 feet. The applicant will address additional items that are listed under Section VII of the DAC comments and the applicant also has no objections. They are agreeable to all of the other DAC comments and will comply with any and all regulatory and agency requirements if this Minor Subdivision is granted with the requested Waiver. The applicant is also agreeable to all Staff recommendations for cross access easements if the Waiver is granted and understands the future evaluation of the existing access easements would or may be required at future site development of Lots 1 and 2. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Welsh moved to recommend approval to City Council for SB-21-02 Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision Plan inclusive of the DAC comments that would require cross access easements among Lots 1 and 2 and other parties served by the access drive and the Waiver Request for the width of the required lot frontage on a public street, seconded by Excerpt of Planning Commission Meeting Minutes of May 17, 2021 Page 3 of 4 56

Item 5. Mr. Hartman and the motion was carried 6-0 by roll call vote with Mr. Adams, Mr. Roach and Mrs. Malone absent. Mrs. Welsh voting yes; it is appropriate for the request. Dr. Jones voting yes; for the reasons previously stated. Mr. Hartman voting yes; he agrees with Planning Staff’s recommendations and the DAC Report. Mr. Baldwin voting yes; based on Staff’s recommendations. Mrs. Lord voting yes; based on reasons previously stated. Mrs. Maucher voting yes; based on the DAC Report and Staff recommendations. Excerpt of Planning Commission Meeting Minutes of May 17, 2021 Page 4 of 4 57

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