PC Paperless Packet

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, October 18, 2021 at 7:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. MEETING NOTICE The Planning Commission Meeting for October 18, 2021 will be held as an IN-PERSON meeting in City Hall Council Chambers. The public is welcome to attend. The meeting will also be a Virtual Meeting using WebEx audio/video conferencing system as an electronic means of communication. See participation information below to join by phone or computer. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of October 18, 2021 Dial: 1-408-418-9388 Event number/Access code: 2343 744 3350 Event password: DoverPC Event Address: https://bit.ly/PCMeeting10182021 If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736- 7196. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ADOPTION OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of September 20, 2021. 1

PLANNING COMMISSION - October 18, 2021 PAGE 2 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date is November 15, 2021 at 6:00 PM. Please note the earlier start time due to the volume of agenda items. Update on City Council Actions Department of Planning & Inspections Updates 2. Proclamation for National Community Planning Month Education and Training Opportunities 3. APA Delaware Annual Meeting - November 10, 2021 OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval: 4. S-19-22 Tommy Express Car Wash at Carver Road - Request for a One-Year Extension of the Planning Commission approval granted October 21, 2019 for a Site Development Plan Lot Consolidation Plan Application to demolish the existing structures and then construct a on-story 4,504 SF Car Wash (Service Establishment) with associated site improvements. The subject properties to be combined total 2.07 +/- acres and are located on the east side of Saulsbury Road north of Forrest Street and west of Carver Road. The properties are zoned C- 2A (Limited Central Commercial Zone) and C-1A (Limited Commercial Zone) and are subject to the COZ-1 (Corridor Overlay Zone). The owner of record for all properties is Faithwork LLC. Property Addresses: 21 and 27 Saulsbury Road; 20 (and 26), 30 and 34 Carver Road; 971, 975 and 983 Forest Street. Tax Parcels: ED-05-076.07-01-38.00-000, ED- 05-076.07-01-39.00-000, ED-05-076.07-01-61.00-000, ED-05-076.07-01-60.00-000, ED-05- 076.07-01-59.00-000, ED-05-076.07-01-62.00-000, ED-05-076.07-01-36.00-000, and ED- 05-076.07-01-37.00-000. Council District 4. Revision to Applications: 5. C-21-02 JJ’s Learning Experience 2 Child Day Care Center at 756 South Little Creek Road - Update on Revisions to a Site Plan associated with an Application for Conditional Use to permit renovation of a 10,111 SF space in an existing one-story 33,143 SF building into a Child Day Care Center to serve 170 children. The property consists of a 2.39 acre+/- parcel and is located on the south side of South Little Creek Road opposite Babb Drive. The property is zoned C-4 (Highway Commercial Zone). The owner of record is Empire Medical, LLC and the applicant is JJ’s Learning Experience 2. Location Address: 756 South Little Creek Road Suite 1. Tax Parcel: ED-05-077.00-01-03.00-000. Council District 2. NEW APPLICATIONS 6. Z-21-06 Lands of Ingram at 317, 319, and 325 W. Division Street - Public Hearing and Review for recommendation to City Council on a rezoning application for three parcels of land consisting of 0.05 +/- acres, 0.13 +/- acres, and 0.08 +/- acres, for a total 0.26 +/- 2

PLANNING COMMISSION - October 18, 2021 PAGE 3 acres (11,628.36 SF +/-). The properties are zoned C-1A (Limited Commercial Zone). The proposed zoning for all three properties is IO (Institutional and Office Zone). The properties are located on the north side of West Division Street and east of North Queen Street. The owners of record for all three parcels are E. Vernon Ingram Jr. & Alice M. Ingram. Property Addresses: 317, 319, and 325 W. Division Street. Tax Parcels: ED-05-076.08-05-03.00-000, ED-05- 076.08-05-02.00-000, and ED-05-076.08-05-01.00-000 respectively. Council District 4. First Reading was held by City Council on September 27, 2021 where the Public Hearing dates were set for Planning Commission on October 18, 2021 and City Council on November 8, 2021. 7. MI-21-10 Text Amendment: Manufacturing Zone (M) - Public Hearing and Review for recommendation to City Council on a Text Amendment to the Zoning Ordinance, Article 3 – District Regulations, Section 19 – Manufacturing Zone (M); Article 4 – Zoning Bulk Parking Regulations, Section 4.16 – M, IPM Zones; and Article 5 – Supplementary Regulations, Section 3 – Supplementary Regulations Applying to Nonresidential Buildings, except in IPM Zone. The proposed Ordinance seeks to eliminate the need for a Conditional Use allow all listed uses by right in the M Zone. The amendment also adds uses including “transshipment and distribution, logistics support; railroad yards, sidings, and storage facilities; and Accessory uses.” The Bulk Standards are being amended to remove the number of permitted stories and to increase the maximum height from 35 feet to 60 feet. Lastly, the Supplementary Regulations are being amended to clarify height regulations in nonresidential zones and clarify how height is measured. Ordinance #2021-19. First Reading was held by City Council on September 27, 2021 where the Public Hearing dates were set for Planning Commission on October 18, 2021 and City Council on November 8, 2021. NEW BUSINESS 8. Implementation of the 2019 Comprehensive Plan: Comprehensive Rezoning 2021 Project and Comprehensive Plan Amendments Set #2 - Updated Maps and Table 12-1 9. Discussion on Future Planning Commission Workshop Topics of Interest ADJOURN Posted Agenda: October 8, 2021 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 20, 2021 The Meeting of the City of Dover Planning Commission was held on Monday, September 20, 2021 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Cooper (newly appointed member observed from the audience), Mr. Roach (arrived at 7:14PM), Mrs. Lord (virtual – arrived at 7:14PM), Mr. Baldwin, Dr. Jones, Mrs. Welsh (virtual), Mrs. Malone (virtual), and Mrs. Maucher. Mr. Hartman was absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Ms. Samantha Bulkilvish, Mrs. Tracey Harvey, and Mrs. Kristen Mullaney (virtual). Also present were Mr. Brian Turner, Mr. Terrance Hester, Mr. Daniel Brengle, Mr. Mike Harrington Sr. and Ms. Sandy Barksdale. No one from the public spoke. APPROVAL OF AGENDA Dr. Jones moved to approve the Agenda tonight, seconded by Mrs. Welsh and the motion was carried 5-0 with Mr. Roach, Mrs. Lord and Mr. Hartman absent and Mr. Cooper observing from the audience. APPROVAL OF MEETING MINUTES OF AUGUST 16, 2021 Mr. Baldwin moved to approve the Planning Commission Meeting Minutes of August 16, 2021, seconded by Mrs. Welsh and the motion was unanimously carried 5-0 with Mr. Roach, Mrs. Lord and Mr. Hartman absent and Mr. Cooper observing from the audience. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, October 18, 2021 at 7PM in the City Council Chambers. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on September 13 & 14, 2021. Mr. Hugg stated that there is a notice in tonight’s packet from the Institute for Public Administration of an upcoming online course on September 24, 2021 from 10am-Noon by Zoom. It is on “Freedom of Information Act (FOIA) for Local Officials” to be taught by Mr. Max Walton, Esq. If anyone is interested in taking that course, please contact Planning Staff. Mrs. Melson-Williams stated that the Downtown Dover Partnership’s Parking Committee will be hosting an Open House to present the Comprehensive Downtown Parking Solution information. That is scheduled for tomorrow, September 21, 2021 from 5-7PM in the Community Room at the Library. The City’s website at www.cityofdover.com under Meetings and Agendas has information on that Open House should anyone wish to attend and learn a little bit more about what they are thinking for and to provide comments on the Downtown Dover Partnership Parking Solution. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS 1 4

Item 1. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 20, 2021 Mrs. Melson-Williams presented the audience information on policies and procedures for the In- person/Virtual Meeting using the WebEx system. OLD BUSINESS S-19-14 Northgate Center Lot 1: Office and Retail Building at 101 Stover Boulevard –Request for One-Year Extension of Plan Approval and Waiver granted by the Planning Commission in November 2019 for Site Development Plan Application to construct a two-story 27,665 SF office and retail building together with associated site improvements. The project is Lot 1 located in the Northgate Center (previously known as the Stover Professional Campus). The subject property is 2.0 acres +/- and located at the northeast corner of Stover Boulevard and Bay Road. The property is zoned C-4 (Highway Commercial Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The owner of record is 605 South Bay Road, LLC. Property Address:101 Stover Boulevard. Tax Parcel: ED-05-077.00-03-01.00-000. Representatives: None Mr. Swierczek stated that this was a Site Development Plan Application that initially came before the Planning Commission at its November 2019 meeting. The Site Development Plan Application did receive approval and included a Waiver Request for the reduction of Arterial Street Buffer requirements. The developer has submitted a letter and it notes several complications largely stemming from the ongoing pandemic for delaying the start of the building. He will note that they have been progressing through the Plan Review process and they have achieved Final Plan Approval. So, they are working towards finalizing the project. Dr. Jones moved to approve S-19-14 Northgate Center Lot 1: Office and Retail Building at 101 Stover Boulevard for a one-year extension to include the accompanying Waiver (for the reduction of Arterial Street Buffer requirements), seconded by Mrs. Welsh and the motion was carried 7-0 with Mr. Hartman absent and Mr. Cooper observing from the audience. Dr. Jones voting yes; it appears that the applicant has been moving forward. Mrs. Welsh voting yes; it seems like it is a necessary requirement. Mrs. Malone voting yes; based on previous reasons stated. Mr. Roach voting yes. Mr. Baldwin voting yes; it seems like progress is being made. Mrs. Lord voting yes; for reasons previously stated. Mrs. Maucher voting yes; based on the indications from Planning Staff that they have gotten Final Plan Approval. NEW APPLICATIONS AX-21-03 Lands of Dover Indoor Tennis, Inc. at 633 Persimmon Tree Lane - Public Hearing and Review of an Annexation Request and Rezoning Request for a parcel of land totaling 3.1707 acres +/- located at 633 Persimmon Tree Lane, Dover. The property is currently zoned AR (Agricultural Residential District) in Kent County. The proposed zoning is RC (Recreational and Commercial). The property is located on the north side of Persimmon Tree Lane and approximately 200 feet east of Kurt Drive. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 2: Priority Annexation Areas and the land use designation is Residential Low Density. A Minor Variation to the Comprehensive Plan has been approved to change the land use to Commercial - Entertainment to allow for the RC 2 5

Item 1. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 20, 2021 (Recreational and Commercial) Zone at this location. The Owner of Record is Dover Indoor Tennis, Inc. Property Address: 633 Persimmon Tree Lane. Tax Parcel: LC-00-058.00-01-32.00- 000. Proposed Council District 3. Ordinance #2021-16. The first reading of this Annexation Request was August 9, 2021. Public Hearing before the Planning Commission is scheduled for September 20, 2021 and City Council on October 11, 2021. Representatives: Mr. Brian Turner, Mountain Consulting; Mr. Terrence Hester, Mountain Consulting; Mr. Daniel Brengle, representative of Dover Indoor Tennis, Inc. Ms. Bulkilvish stated that this application is for an annexation. It is a 3.1707-acre parcel located at 633 Persimmon Tree Lane. If you reviewed the 2019 Comprehensive Plan, this is an Annexation Area Category 2 and that is a Priority Annexation Area. The proposed Land Use Category for this parcel is Low Density Residential. After thorough discussion with the applicant and between the applicant and Staff, it was clear that the available zoning districts for that land use type, which included all of the residential districts and C-1 (Neighborhood Commercial Zone) were not appropriate for the current use. A Minor Variation was requested for a change in Land Use for that parcel to Commercial Entertainment. That Minor Variation request went through the Office of State Planning Coordination and was granted on August 25th. So that Minor Variation changing to the Land Use Classification of Commercial Entertainment allowed us to then request the zoning of RC (Recreational and Commercial Zone). The property is currently used as an indoor tennis facility and will continue to be used as that purpose with potential expansion in the future. Mr. Turner stated that Mr. Brengle is going to speak on behalf of the project. Mr. Brengle stated that Dover Indoor Tennis is an indoor tennis facility of 26,000 SF. They have been in business since 1970. It was founded by local tennis players who wanted a place to play in the wintertime. They rent courts to groups and individuals and they provide instruction for groups and individuals as well. Mr. Turner stated that they have received and reviewed the DAC comments. They are all straight forward in understanding and they don’t have any follow up questions at this time. 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 application AX-21-03 Lands of Dover Indoor Tennis, Inc. at 633 Persimmon Tree Lane that they accept the annexation of the property and its rezoning to RC (Recreational and Commercial Zone) and approve as submitted, seconded by Mrs. Malone and the motion was carried 7-0 with Mr. Hartman absent and Mr. Cooper observing in the audience. Mrs. Welsh voting yes; according to the recommendation of Planning Staff, this is an overdue annexation of the property to conform to the Comprehensive Plan and she feels that it needs to be done to move forward with the future of the City of Dover. Mrs. Malone voting yes; it is a reasonable request. Mr. Roach voting yes. Mr. Baldwin voting yes; based on the (minor)Variation Land Use qualification and Staff’s Report. Mrs. Lord voting yes. Dr. Jones voting yes; for reasons previously stated. Mrs. Maucher voting yes; based on DAC comments as well as the long history that the facility has. 3 6

Item 1. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 20, 2021 C-21-05 Destined for Greatness Learning Center - Public Hearing and Review of a Conditional Use Site Plan to permit the conversion of 1,911 SF within an existing 3,610 SF one-story building into a Child Daycare Center to serve 30 children. The property consists of one (1) parcel of land totaling 0.486 acres ± (21,170 S.F.). The property for the proposed development is zoned C-3 (Service Commercial Zone). The property is located on the north side of Fulton Street immediately west of the railroad corridor. The owner of record is Harrington Commercial, LLC. Property Address: 601 Fulton Street. Tax Parcel Number: ED-05-076.08-01-14.00-000. Council District 4. Previous Application to rezone the property (Z-11-05) from M (Manufacturing Zone) to C-3 (Service Commercial Zone) was recommended for approval by the Planning Commission at their August 2011 meeting and approved by the City Council at their September 12, 2011 meeting. Representatives: Mr. Mike Harrington Sr., Harrington Commercial, LLC; Ms. Sandy Barksdale, lessee Mrs. Harvey stated that this is a Conditional Use Site Plan to permit the conversion of a 1,911 SF area in an existing 3,610 SF one-story building into a Child Daycare Center to serve 30 children. The property for the proposed development is zoned C-3 (Service Commercial Zone). The property is located on the north side of Fulton Street just west of the railroad corridor. The owner of record is Harrington Commercial, LLC and the lessee is Ms. Sandy Barksdale. The proposed hours of operation are 6:30AM-6:00PM, Monday through Friday. An 800 SF outdoor fenced in playground area is proposed for the site at the south end of the building. Based on the number of proposed children being 30 and the number of adults being 4, a total of 7 parking spaces are required. The Site Plan indicates that there are 12 existing parking spaces including one handicapped parking space on the property near this portion of the building. Staff parking and drop-off parking spaces have been identified on the Site Plan. The property has access from Fulton Street at the west end of the site that leads to a drive aisle with direct access to twelve parking spaces intended to serve the Day Care Center. There is additional access to the eastern end of the site from Fulton Street to an informal gravel area that is being used as parking. This eastern site entrance does not appear to have a paved entrance. The eastern side of the site does not appear to have any formally designated parking areas or drive aisles, nor does it have access to the drive aisle or parking spaces to the west of the site. There is an existing sidewalk to the west of the existing drive aisle entrance at the west end of the site along the Fulton Street frontage. There is no sidewalk along the Fulton Street frontage east of the entrance point nor does the plan appear to be proposing one. Article 5, Section 19.5 of the Zoning Ordinance allows for Planning Commission to grant a waiver from the requirements for sidewalk provided sufficient need may be demonstrated. A written waiver request has been submitted to Planning Commission for consideration. A new concrete sidewalk is proposed for the Site Plan that will lead directly from the building to the outdoor play area which is proposed to be located between the formal drive aisle and parking areas on the west and the more informal gravel surface to the east. There is not a present dedicated pedestrian access from Fulton Street onto the site of the main building; however, the surface is paved. Curbing is required for all paved parking surfaces. The Plan identifies existing curbing on the entrance of the site. Parking bumpers are proposed in front of the parking spaces. A Waiver Request for the Elimination of Curbing around the parking areas has been submitted to the Planning Office for consideration by the Planning Commission. 4 7

Item 1. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 20, 2021 The proposed Day Care facility is proposed for the western portion of the building only. Adjacent portion of the building to the east side appear to be vacant tenant space and an attached four vehicle garage that will not be utilized for the Child Day Care Center. Staff recommends approval of the request for the Elimination of Curbing in the parking areas along the edges. It appears that this paving area is an existing condition on site and only striping and signage improvements are being made. The parking bumpers are shown on the plan. Staff would not recommend approval of the Sidewalk Waiver. While Staff does note that there are limited pedestrian facilities in the area, the condition of the Fulton Street frontage needs improvement. Implementation of the sidewalk may also require grading, grass seeding and drainage improvements as it appears flooding may be a concern here. There also appears to be vehicles using the right-of-way along Fulton Street for parking in an inappropriate format. Staff notes that the improved paved parking area in the western portion of the site is being allocated for the Child Day Care Center tenant. Appropriate signage may be necessary to ensure other building tenants or other users in the vicinity do not park here. Mr. Harrington stated that he owns the property along that street. Mr. Harrington passed out photos to Staff and the Planning Commissioners. Mrs. Melson-Williams stated that the photos are a series of color photographs of the property (and showed them on screen to virtual participants). Mr. Harrington stated that he would give a brief history of the property so that everybody knows the history. This was the site of Prime Care which was the City of Dover’s ambulance service for about 10 years. They lost their contract and are not longer there. They haven’t been there for about 4 years now and he hasn’t had it rented for 4 years. This young lady would like to open a Day Care Center there and he is trying to give her an opportunity to succeed in business if at all possible. The photos show that the property is fenced in and very secure. Only close to 2,000 SF will actually be used for the Day Care. Honestly, he is evicting the tenants who are in the other part of the building because it’s just not what he thinks the area should be represented by. The next photo is down the street looking from the entrance to the Day Care Center. It dead-ends to the railroad tracks so there is absolutely no pedestrian traffic whatsoever that would be using that street at all unless they climbed over the railroad tracks and risked their lives. Secondly, another photo is another vision of the dead-end to that street which is basically industrial commercial. It is an excellent location for a Day Care Center from this standpoint. There is not a lot of pedestrian traffic and that sort of thing. The last photo that he has is from the other angle looking down. There are no sidewalks on that street. There is one tiny little space that way back when that was installed at the entrance. When Prime Care came before the Planning Commission, at that time the sidewalks and curbing were waived. It has been waived before for obvious reasons because there is no pedestrian traffic whatsoever. He thinks that the Planning Commission has also agreed in theory to waive the curbing and he is asking them to waive the sidewalks because they are just not necessary. On economic side to the deal, the lady is paying $2,000 a month. He was getting $4,000 a month from Prime Care. It has been sitting empty for 4 years or more. We have a great tenant, and it is great for economic development. It is great for the child-care needs of Dover and maybe in the future, it will expand even larger in that area. What he is asking is, economically, he doesn’t think this young lady can afford to pay $5,000 or $6,000 to put in 5 8

Item 1. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 20, 2021 sidewalks and another $5,000 or $6,000 to put in curbing. It could kill the whole opportunity for this lady if it is not waived. He is asking the Commission to waive those requirements and let’s be economically friendly. Mrs. Lord stated that she knows that this came before the Planning Commission before her time, and she sees that the railroad is there. She knows that that tract of land is right for development and she knows that Mr. Legans is developing Rail Haus which she is totally behind. However, she has to ask how high is that fence going to be that contains the children within the area to keep them from getting curious and climbing the fence. You have to take that into consideration because of children being children. She just wants to know how high is that fence going to be and what is it going to be made of? She doesn’t see it on the plans. Responding to Mrs. Lord, Mr. Harrington stated that there is an existing fence around the property which is at least an 8-foot fence and the gate would be closed which would also encapsulate the entire property all the way around. The fence is already there, and it would be a perfect and safe place for the children to play. Mrs. Lord stated that she can’t really see that much of the photo since she is virtual. What is the fence made of? Responding to Mrs. Lord, Mr. Harrington stated that it is chain-link. It is very high and very secure and very safe. It will have a gate that will close to protect the children. Mrs. Lord questioned if the gate was going to be securely locked and not just closed? Responding to Mrs. Lord, Mr. Harrington stated that he would require it to be locked and he would certainly ask the new tenant to comply with that just for safety. He totally agrees with what you are saying and that is why it is there. Mrs. Maucher stated that there is mention about the concerns about flooding in the area. Responding to Mrs. Maucher, Mr. Harrington stated that when it does rain heavily, it does drain off into the railroad. He hasn’t really seen any flooding in the area. Mrs. Maucher asked if the building has been flooded. Responding to Mrs. Maucher, Mr. Harrington stated no, the property doesn’t flood. It never has the entire time that he has owned the property. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that the Planning Office received some correspondence. Initially, in the Planning Commission meeting packet, there was an email received on August 16, 2021 from Mr. Donnie Legans who noted that he was a direct neighbor to the proposed Day Care site and noted his support of the project and the continued development in the area. He notes that he owns property on what is the east side of the rail line specifically at 92 North West Street. We did receive a second email from Mr. Donnie Legans dated September 12, 2021. This email was distributed to Planning Commission members by email this afternoon and is also available on their desks here at the meeting room. This email from Mr. Legans notes that he was withdrawing his support for the Day Care project. He was waiting to hear from the owner and has yet to do so; so, he notes that he will withhold until then. We have not heard anything else from Mr. Legans and it does not appear that he has joined us this evening. 6 9

Item 1. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 20, 2021 Mrs. Lord stated that Mr. Legans initially supported it because she knows that he is developing the Rail Haus. He didn’t say why he was withdrawing his support? Responding to Mrs. Lord, Mrs. Melson-Williams stated that his email very specifically says “Hello. Please withdraw my support for the 601 Fulton St daycare project. I’m waiting to hear from the owner and have yet to. I’ll withhold until then.” Mrs. Lord asked if Mr. Legans was waiting to hear from the owner of the Day Care Center or the owner of the property? Responding to Mrs. Lord, Mrs. Melson-Williams stated that it is not clear from his correspondence. Mrs. Lord stated that since we have them both on the line, have either of them heard from Mr. Legans and his concerns. Responding to Mrs. Lord, Ms. Barksdale stated no she has not. Mr. Harrington stated that he has not heard from the gentleman and he does not know him. He has not heard from him, but he can tell you that without a doubt, he would have met with him and would have probably tried to do everything that he could to make him happy. Mrs. Maucher closed the public hearing. Mrs. Maucher stated that Mr. Harrington said that he was kicking out the tenant who is in the second half of the building right now. Is there someone else in that building? Responding to Mrs. Maucher, Mr. Harrington stated that yes, there are some garages there. They are doing maintenance and, in his opinion, have become a nuisance so he has asked them to move. Mrs. Maucher asked if they were the source of the additional cars on the street that are mentioned by Staff in the Report? Responding to Mrs. Maucher, Mr. Harrington stated that they are creating cars on the street. They are just parking them and leaving them there. Some are not tagged and the City has talked quite a bit about it. He doesn’t know what else to do besides ask them to move so that they can get somebody nice in there that will take care of it. Dr. Jones stated that on Page 7 there appear to be some additional comments for instance, Number 2 – the plan must be revised to meet all conditions of approval from the Development Advisory Committee and a Check Print must be submitted. Responding to Dr. Jones, Mrs. Harvey stated that is after it’s approved. Dr. Jones stated that is why she asked the question if they were in agreement with the comments from the Development Advisory Committee. Responding to Dr. Jones, Mr. Harrington stated that as far as he knows, he is. Dr. Jones asked if he will be in communication to make sure that he has addressed the issues that have been addressed? Responding to Dr. Jones, Mr. Harrington stated absolutely. Dr. Jones moved to approve C-21-05 Destined for Greatness Learning Center to include the Waiver Request for the Elimination of Upright Curbing as recommended by Planning Staff and to deny the Waiver Request for the Partial Elimination of Sidewalks as recommended by 7 10

Item 1. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 20, 2021 Planning Staff, seconded by Mrs. Welsh and the motion was carried 4-3 by roll call vote with Mr. Hartman absent and Mr. Cooper observing from the audience. Dr. Jones voting yes; based upon recommendation by the Planning Staff. Mrs. Welsh voting yes; she believes that it will be a good use of the property. She has seen it; she visited there today and any improvement there would be greatly welcomed. Mrs. Malone voting yes; for the previous reasons stated. Mr. Roach voting no; he does believe that the area that is shown in the picture is not that much of an area in regards to the sidewalk and he thinks from what the applicant explained with the financial hardship that it would place on the applicant for having to not eliminate the sidewalk. He feels that it would kind of hinder the growth and progress of the application. Mrs. Lord voting no; she wants this young woman to have her Day Care Center but there seems to be some things that need to be further addressed in order for it to fully meet all of the concerns. Mr. Baldwin voting yes; based on the reasons previously stated. Mrs. Maucher voting no; she is supportive of the application and she agrees with Mr. Roach about the sidewalk. She thinks that the sidewalks in that area do not serve any purpose and she thinks that it (the waiver) should have been granted. NEW BUSINESS Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28): Update on Design Professionals Mrs. Melson-Williams stated that earlier this summer, the Commission appointed the Planning Commission members to serve on the Architectural Review Oversight Subcommittee that is established in your Code. As part of that, there needs to be the appointment of two design professionals to participate in that Subcommittee. In the past, Dr. RJ Chandler and Ms. Sarah Keifer have served on that Committee. Planning Staff did reach out to both of them and she is happy to report that both have confirmed their ability to serve. You can, by motion, accept Dr. RJ Chandler who is a faculty member at the architecture program at Del-Tech and Ms. Sarah Keifer who is the Director of Planning Services for Kent County as the two design professionals to serve this year on that Subcommittee should it be needed. Mrs. Malone moved to accept Dr. RJ Chandler and Ms. Sarah Keifer as the two design professionals to serve on the Architectural Review Oversight Subcommittee, seconded by Mrs. Welsh and the motion was carried 7-0 by roll call vote with Mr. Hartman absent and Mr. Cooper observing in the audience. Mrs. Malone voting yes. Mr. Roach voting yes. Mrs. Lord voting yes. Mr. Baldwin voting yes. Dr. Jones voting yes. Mrs. Welsh voting yes. Mrs. Maucher voting yes. Meeting adjourned at 8:06 PM. Sincerely, Kristen Mullaney Secretary 8 11

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Item 5. MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7010 Fax (302) 736-4217 DATE: October 6, 2021 TO: Planning Commission Members FROM: Tracey Harvey, Planner Planning Office SUBJECT: Revisions to Conditional Use Site Plan C-21-02 JJ’s Learning Experience II Child Day Care Center at 756 South Little Creek Road, Dover, DE Update on site Access/Entrance Improvements to South Little Creek Road The following is provided regarding an update to revisions to the proposed development for C- 21-02, JJ’s Learning Experience II. At its meeting of April 19, 2021, the City of Dover Planning Commission moved to grant conditional approval of the Conditional Use Site Plan C-21-02 to permit the establishment of a Child Day Care Center within an existing building to be known as JJ’s Learning Experience II. Previously at its meeting of March 15, 2021, the Planning Commission deferred action on the Plan to allow for revisions to the Plan related to safety concerns for the children that will be attending the Child Day Care Center. As part of the motion, the Planning Commission noted issues involving lighting, traffic flow, and the children’s access to the playground. The applicant submitted revisions to the Conditional Use Site that addressed the issues of the Planning Commission and the Plan was approved at its April 19, 2021 meeting. Update Revision (October 2021) Since the time of approval, the applicant has been working on addressing the Development Advisory Committee (DAC) comments from Delaware Department of Transportation (DELDOT) identified in the March 3, 2021 DAC Report. DELDOT is requesting for a Record Plan and an Entrance Plan for submission for review and approvals. Based on discussions with DELDOT, it was determined that the project would not be permitted to have two full movement site access/egress points onto south Little Creek Road. There is a need to have circulation throughout the site with an access drive aisle around the building now proposed with other site improvements. The applicant has submitted revisions to the Conditional Use Site Plan that address the concerns of DELDOT. A Letter of Transmittal dated October 5, 2021 and Revised Plan Sheets C1, C2, and C3 dated October 5, 2021 were received. It is noted that a new engineering firm is assisting with the project. The key changes/revisions to the proposed plan consist of the following: 1. A one-way circulation around the building for entering/exiting to South Little Creek Road has been added to the Plan. Entrance to the site is on the westside of the building and the site exists on the east side. 2. The exit points from the building to the fenced playground area for the Child Day Care 15

Item 5. Memo on Revisions to C-21-02 JJ’s Learning Center II Child Day Care Center October 8, 2021 Page 2 Center remain in the same location. The outdoor play area shows a change in the shape of the area and has been expanded. 3. The existing tree located on the south side of the building has been replaced with new tree plantings near the parking total proposed drive aisle. 4. Refinements to the design of each parking lot area include installation of curbing, new striping, etc. for the new configurations. The west parking lot is proposed to have 45 parking spaces including 3 ADA spaces. The east parking lot is to have 9 parking spaces and 1 ADA space. The Plan originally proposed a total of 73 existing and proposed parking spaces including 4 ADA spaces. The parking total has been reduced to 64 existing and proposed parking spaces including 4 ADA spaces to accommodate the proposed drive aisle. 5. The Plan continues to show the bicycle parking, site lighting fixtures, and designated crosswalk areas leading to the Child Day Care Center. Attached are copies of the Revised Conditional Use Site Plan set (October 2021) including depictions of the proposed revisions. Planning Staff has reviewed the general concepts presented in these plan changes and will continue review Check Print submissions to ensure compliance with the provisions of the Zoning Ordinance and the Planning Commission’s conditional approval of C-21-02. The information is presented to the Planning Commission as a update on the project as it is completing the Check Print Review process to finalize the Conditional Use Site Plan. The applicant continues working with Planning Staff and the various other agencies to seek approval of the Plan and associated Plan documents which will incorporate these revisions. Attachments: Letter of October 5, 2021 Revised Conditional Use Site Plan set dated 10/5/2021 Revised C-21-02 Plan revision date 3/25/2021 addressing Planning Commission March 2021 Review 16

Duffield Associates, LLC 5400 LimestoneItem Road 5. Wilmington, DE 19808 Phone: 302.239.6634 Fax: 302.239.8485 duffnet.com October 5, 2021 Via Hand Delivery Ms. Dawn E. Melson-Williams, AICP Principal Planner City of Dover 15 Loockerman Plaza Dover, DE 19901 RE: Project No. 13112.CA (Duffield) Site Development Plan – 756 S Little Creek Road JJ’s Learning Experience Conditional Use Site Plan C-21-02 Tax Parcel No. 2-05-077.00-01-03.00-00001 Dover, Kent County, DE Dear Ms. Melson-Williams: Duffield Associates, LLC (Duffield) is pleased to submit our updated Site Plan for 756 S Little Creek Road. The project site is located on the south side of South Little Creek Road and east of the intersection of South Bay Road and South Little Creek Road. The site is comprised of Tax Parcel No. 2-05-077.00-01-03.00-00001 consisting of approximately 2.39 acres and is currently zoned C-4 (Highway Commercial). The site is situated within an established commercial corridor area along South Little Creek Road. The site is currently occupied by a 33,143 square-foot Tire Depot, asphalt parking lot, and drive aisles. The proposed improvements involve renovating the existing building to be a Day Care, and other uses. The Conditional Use Site Plan Application was discussed at the March 23, 2021 Planning Commission Meeting and at the April 19, 2021 Planning Commission Meeting. At the April meeting, the Planning Commission moved to approve the conditional use. Since that time, the applicant has been working on addressing the Development Advisory Committee comments, mostly related to the Delaware Department of Transportation’s (DelDOT’s) comments for approval. DelDOT is asking for a Record Plan and an Entrance Plan be submitted for review and approvals. As part of the initial discussions with DelDOT, they are stating that this project would not be permitted to have two full movement intersections. Based on the need to have circulation throughout the site, an access road around the building is now proposed. The maximum impervious coverage permitted is 75% and the proposed site is 74.5%. Since the limit of disturbance for the improvements is less than 1.0 acre, the project is eligible for the Standard Plan for stormwater management approval through Kent Conservation District. Enhancing our community one project at a time. 17

Item 5. Ms. Dawn E. Melson-Williams, AICP Project No. 13112.CA (Duffield) 756 S Little Creek Road October 5, 2021 Page 2 In addition, we are hereby requesting a partial curbing waiver throughout the site. The project is proposing new curb in areas where it does not affect drainage. However, a majority of the site is already impervious and new curbing would negatively affect the drainage pattern on the site. We are requesting to be placed on the October 18, 2021 Planning Commission meeting agenda to discuss the plan updates. Please do not hesitate to contact us, if you have any questions or comments in regard to the above items. We appreciate your review of this project. Very truly yours, DUFFIELD ASSOCIATES, LLC K. James Taylor, Jr., P.E. Project Manager KJT:acj SubLtr-DoverPlanning-20211005 cc: JJ’s Learning Experience Empire Medical, LLC 18

Item 5. OFFICES IN DELAWARE, MARYLAND, WEB: HTTP://DUFFNET.COM DUFFIELD ASSOCIATES Soil, Water & the Environment 756 S. LITTLE CREEK ROAD 5400 LIMESTONE ROAD DOVER, DE 19907, WILMINGTON, DE 19808-1232 NORTH PENNSYLVANIA AND NEW JERSEY E-MAIL: DUFFIELD@DUFFNET.COM TAX PARCEL #ED-05-077.00-01-030.000-000 JH BROWN BLVD TEL. 302.239.6634 BABB DR FAX 302.239.8485 LITTLE CREEK RO AD S. BA SITE Y RD LG-Site-13112.CA P.E. #21140 KENNETH JAMES TAYLOR, JR., P.E. CHECKED BY: FILE NAME: KJT 4' DESIGNED BY: DRAWN BY: STATE: DELAWARE DPM DPM 12' 195' LEFT TURN LANE 12' MAP: LOCATION MAP SCALE: 1" = 1200' CHK'D BY 11' 125' RIGHT TURN LANE DATE SITE DATA: 5' 4' 12' 1. APPLICATION NO.: 10' R4.5' 2. TAX PARCEL NO.: ED-05-077.00-01-030.000-000 3. SITE ADDRESS: 756 SOUTH LITTLE CREEK ROAD 20' DOVER, DE 19901 REVISION FRONT YARD 4. LGEAL OWNER/ EMPIRE MEDICAL, LLC SETBACK DEVELOPER: 1100 LA GRANGE PARKWAY NEWARK, DE 19702 8 R4.5' FIRE 5. 6. ZONING: NUMBER OF LOTS: C-4 - HIGHWAY COMMERCIAL ZONE EXISTING: 1 24' R4.5' PROPOSED: 1 9 7 DUMPSTER PAD 7. DATUM: HORIZONTAL: NAD 83 DE STATE PLANE GRID 24' R45' WITH SCREENING VERTICAL : N.A.V.D. 88 No. LANE 8. 9. SITE ACREAGE: FLOOR AREA RATIO: 2.39 ± ACRES (104,043± SF) 33,143 SF / 104,043 SF = 0.31:1 R4.5' 20 1100 LA GRANGE PARKWAY 10. BULK STANDARDS: RD OWNER:EMPIRE MEDICAL, LLC R2' YA CK BIKE RACK C-4 (HIGHWAY COMMERCIAL) DE A SI ETB REQUIRED PROPOSED S MIN. LOT AREA --- 2.39± ACRES NEWARK, DE 19702 LANE 15' MIN. LOT WIDTH MIN. LOT DEPTH MIN. FRONT YARD 150 FT 150 FT 20 FT 310 FT 176 FT 24 FT MIN. SIDE YARD 15 FT 38 FT R4.5' MIN. REAR YARD 10 FT OR EQUAL TO BUILDING HEIGHT 38 FT 24' MIN. SIDE/REAR YARD RESIDENTIAL 30 FT 38 FT MAX. BUILDING HEIGHT 6 STORIES OR 75 FT 1 STORY MAX. FLOOR AREA RATIO 4.0 0.31 12 24' 8 FIRE MAX. IMPERVIOUS COVERAGE 11. SITE COVERAGE: 75% 74.5% EXISTING OPEN SPACE 29,563 SF [0.678± AC] (28.5%) BUILDING 33,231 SF [0.763± AC] (31.9%) OTHER IMPERVIOUS 41,249 SF [0.947± AC] (39.6%) EXISTING TREE TO REMAIN TOTAL 104,043 SF [2.388± AC] (100.0%) 756 S. LITTL CREEK ROAD PROPOSED OPEN SPACE 26,540 SF [0.609± AC] (25.5%) DUMPSTER PAD BUILDING 33,231 SF [0.763± AC] (31.9%) WITH SCREENING OTHER IMPERVIOUS 44,272 SF [1.016± AC] (42.6%) R4.5' TOTAL 104,043 SF [2.388± AC] (100.0%) SITE DEVELOPMENT PLAN DOVER ~ KENT COUNTY ~ DELAWARE 12. TREE DENSITY: 1 TREE / 3,000 SF (9,836 SF / 3,000 SF) = 3.28 TREES REQUIRED = 4 TREES PROPOSED = 4 x x 13. BUILDING AREAS: EXISTING PROPOSED 4,000 SF MEDICAL OFFICE x 4,870 SF TIRE STORE SITE PLAN R20' 14,162 SF CABINET SHOWROOM R20' x 10,111 STORAGE FACILITY 10,111 SF DAYCARE TOTAL 33,143 SF 33,143 SF 14. PARKING RATIONALE: 24' NEW TREE PARKING REQUIRED: C-4: 22,752 GFA ÷ 1 SPACE PER 300 SF GFA = 76 PARKING SPACES 170 CHILDREN ÷ 10 CHILDREN PER SPACE = 17 PARKING SPACES 19 ADULTS 1 ADULT PER SPACE = 19 PARKING SPACES RD TOTAL REQUIRED = 112 PARKING SPACES 15' YA CK AR BA PROPOSED: 64 SPACES (INCLUDING 4 ADA ACCESSIBLE SPACES) RD RE ET YA CK S 15. BICYCLE PARKING: 1 SPACE PER 20 PARKING SPACES, 20 SPACES MAX. (64 / 20 = 3.2) DE A 10' SI ETB 4 SPACES REQUIRED, 5 PROVIDED S 16. LOADING SPACES: 17. SOURCE OF WATER: CITY OF DOVER 18. SOURCE OF SEWER: CITY OF DOVER 19. SOURCE OF ELECTRIC: CITY OF DOVER 20. SOURCE OF GAS: CITY OF DOVER 21. TRASH COLLECTION: PRIVATE CONTRACTOR DATE: OCTOBER 5, 2021 SCALE: 1" = 30' 30' 0 30' 60' PROJECT NO. 13112.CA DRAWING SCALE 1" = 30' SHEET: 1 (OF 3) 19

Item 5. OFFICES IN DELAWARE, MARYLAND, WEB: HTTP://DUFFNET.COM DUFFIELD ASSOCIATES Soil, Water & the Environment 5400 LIMESTONE ROAD WILMINGTON, DE 19808-1232 24" 24" PENNSYLVANIA AND NEW JERSEY STRIPE SPACE E-MAIL: DUFFIELD@DUFFNET.COM TEL. 302.239.6634 RED LETTERS SYMBOLS & 1'-0" AS SHOWN ON PLAN BORDER WHITE FAX 302.239.8485 BACKGROUND 1'-6" LG-Details-13112CA P.E. #21140 KENNETH JAMES TAYLOR, JR., P.E. CHECKED BY: FILE NAME: 2" RND. GALV. STEEL PIPE KJT 6'-0" MINIMUM STATE: DELAWARE NOTE: PERMANENT MARKINGS SHALL BE HOT THERMOPLASTIC. EXISTING DESIGNED BY: DETAIL: WHITE CROSSWALK PAVING DRAWN BY: SCALE: NOT TO SCALE 1'-9" DPM DPM CONCRETE CHK'D BY DATE 8" FASTENED WITH ACORN NUT LEGEND AND BORDER - GREEN BACKGROUND - WHITE SIGN SHALL BE R7-8 (12"X18") DETAIL: FIRE LANE SIGN SCALE: NOT TO SCALE WHITE SYMBOL ON REVISION BLUE BACKGROUND DETAIL: CURB RAMP 1 FASTENED WITH ACORN NUT SCALE: NOT TO SCALE PROPOSED PAVEMENT EXISTING PAVEMENT TIE-IN VARIABLE DIMENSION - 5'-0" SAWCUT EXISTING WHERE APPLICABLE AISLE TYP.; 8'-0" AISLE FOR VAN PAVEMENT TO ITEM 760010 - MILL TOP 2 INCHES OF No. LEGEND - GREEN H.C. PARKING SIGN R7-8 ACCESIBILITY ADJOINING H.C. STALLS PROVIDE CLEAN EDGE EXISTING PAVEMENT BACKGROUND - WHITE (RETROFLECTIVE) W/ "VAN ACCESSIBLE" SIGN (1 IN EVERY 8 H.C. SPACES TO BE PROVIDE VAN ACCESSIBLE SIGN MOUNTED BELOW WHERE VAN ACCESSIBLE) NEW PAVEMENT SECTION EXISTING APPLICABLE (TYP.) PAVEMENT EDGE (12"X6") WHERE REQUIRED (R7-8a) ITEM 401005 - 2 IN. SUPERPAVE TYPE C, 8'-0" 4" WIDE BLUE PG 64-22 (CARBONATE STONE) 12 IN. 1100 LA GRANGE PARKWAY PAINTED 12 IN. MIN. STRIPPING ITEM 401021 - 4 IN. SUPERPAVE, BITUMINOUS OWNER:EMPIRE MEDICAL, LLC CONCRETE BASE COURSE, PG 64-22 60" ABOVE PARKING SURFACE ITEM 301001 - 8 IN. GRADED AGGREGATE BASE 4" WIDE BLUE PAINTED LINE 36" 45°' COURSE TYPE B 20' MIN. NEWARK, DE 19702 EQUAL EQUAL LEGEND - BLACK FULL LENGTH OF STALL BACKGROUND - WHITE (REFLECTIVE) EQUAL SIGN SHALL BE R7-8P (10"X12") APPLY TACK COAT TO SEAL JOINTS WITH EQUAL EXISTING PAVEMENT HOT-POURED FOR ACCESS AISLE ACF HSP-2 EXISTING PAVEMENT BEFORE PAVING AND BITUMASTIC SEALER (GEOTEXTILE) BASE COURSE OVERLAYING NEW COMPACTED SUBGRADE TO REMAIN ASPHALT (95% ASTM D1557) GALVANIZED BREAKAWAY STEEL U POST - PAINTED BLACK 6"x6" GRID FOR LAYOUT PURPOSES ONLY DETAIL: STANDARD DUTY ASPHALT PAVEMENT SECTION / TIE-IN SCALE: NONE NOTE: SIGNS SHALL MEET THE REQUIREMENTS BLUE PAINTED HANDICAP SYMBOL OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. DETAIL: ACCESSIBLE DETAIL: ACCESSIBLE 756 S. LITTL CREEK ROAD PARKING STALL NEW PAVEMENT SECTION PARKING SIGN (R7-8/R7-8a) SCALE: NONE ITEM 401001 - 2 IN. SUPERPAVE TYPE C, PG 64-22 SITE DEVELOPMENT PLAN CONSTRUCTION DETAILS DOVER ~ KENT COUNTY ~ DELAWARE SCALE: NONE ITEM 401010 - 4 IN. SUPERPAVE TYPE B, PG 64-22 ITEM 301001 - 12 IN. GRADED AGGREGATE BASE NON-WOVEN GEOTEXTILE COURSE TYPE B ( ACF N080 OR APPROVED EQUAL) COMPACTED SUBGRADE (95% ASTM D1557) 9" 4" DETAIL: HEAVY DUTY ASPHALT PAVEMENT SECTION 11" SCALE: 4" NONE 2'-0" 1'-5" 1'-4" 1" BATTER 8" (200) (25) 85° 7" (175) 4" " 8 1/4" 3/4" BATTER 4" 2 1" (206) (18) )R 1/ 8" (200) 40 (25) 1 ( 5" (125) " 4" 4" 1/ 2 R 1" 6" (150) 20" (500) DEPRESSED (25) 1 0) (4 CURB 1'-0" 9" 18" (450) PAVEMENT DEPRESSED OPEN END OF PARKING STALL 6" 9" CURB (150) (225) DETAIL: ACCESSIBLE 6" (150) GRADED AGGREGATE (150) 9" 6" PARKING SYMBOL BASE COURSE, TYPE B (225) 6" (150) GRADED AGGREGATE SCALE: NONE BASE COURSE, TYPE B 1) USE 3,000 PSI CONCRETE 2) CURB IS TO BE PLACED OVER 6 INCHES OF GABC-TYPE B OVER PROOF ROLLED AND COMPACTED SUBGRADE, 95% ASTM D1557. COMPACTED SUBGRADE 3) THE GABC SHALL EXTEND 6 INCHES FROM BACK OF CURB. (95% ASTM D1557) DETAIL: PCC CURB, TYPE 1-8 DETAIL: PCC CURB, TYPE 1-6 (ON-SITE) DATE: OCTOBER 5, 2021 SCALE: NONE SCALE: NONE SCALE: NOT TO SCALE PROJECT NO. 13112.CA SHEET: 2 (OF 3) 20

SCALE: SCALE: DETAIL: DETAIL: NOT TO SCALE NOT TO SCALE BIKE RACK DUMPSTER PAD ENCLOSURE SCALE: DETAIL: NOT TO SCALE WALL SECTION AT DUMPSTER CHK'D BY DESIGNED BY: CHECKED BY: OWNER:EMPIRE MEDICAL, LLC No. REVISION DATE 1100 LA GRANGE PARKWAY DPM KJT NEWARK, DE 19702 DATE: SITE DEVELOPMENT PLAN DRAWN BY: FILE NAME: DUFFIELD SHEET: SCALE: DPM LG-Details-13112CA ASSOCIATES CONSTRUCTION DETAILS Soil, Water & the Environment PROJECT NO. KENNETH JAMES TAYLOR, JR., P.E. 5400 LIMESTONE ROAD WILMINGTON, DE 19808-1232 TEL. 302.239.6634 FAX 302.239.8485 OFFICES IN DELAWARE, MARYLAND, 756 S. LITTL CREEK ROAD PENNSYLVANIA AND NEW JERSEY WEB: HTTP://DUFFNET.COM E-MAIL: DUFFIELD@DUFFNET.COM 3 (OF 3) NOT TO SCALE 13112.CA OCTOBER 5, 2021 DOVER ~ KENT COUNTY ~ DELAWARE STATE: DELAWARE P.E. #21140 21 Item 5.

Item 6. PETITION TO AMEND ZONING DISTRICT Public Hearing Before the Planning Commission October 18, 2021 Owners: E. Vernon Ingram Jr. & Alice M. Ingram Equitable Owner: Dover Interfaith Mission for Housing Addresses: 317, 319, and 325 W. Division Street, Dover DE Location: North side of West Division Street and east of North Queen Street Tax Parcels: ED-05-076.08-05-03.00-000, ED-05-076.08-05-02.00-000, and ED-05-076.08-05-01.00-000 Size: 317 W. Division Street = 0.05 +/- acres 319 W. Division Street = 0.13 +/- acres 325 W. Division Street = 0.08 +/- acres Total (all 3 parcels) = 0.26 +/- acres (11,628.36 SF +/-). Present Use: 317 W. Division Street = Multiple Dwelling-Units (Apartments) 319 W. Division Street = Motor Vehicle Sales 325 W. Division Street = Vacant Proposed Use: Temporary Housing 2019 Comprehensive Plan Designation – Land Use Category: Mixed-Use Present Zoning: C-1A (Limited Commercial Zone) Proposed Zoning: IO (Institutional and Office Zone) Reason for Request: To amend the zoning of all three parcels (0.26 +/- acres) at 317, 319, and 325 W. Division Street, Dover DE 19904 from C-1A to IO. File Number: Z-21-06 Ordinance Number: 2021-21 22

Item 6. Z-21-06 Lands of Ingram at 317-325 W. Division Street DAC Report of October 6, 2021 Page 2 of 7 I. APPLICATION SUMMARY This rezoning application consists of three parcels of land totaling 0.26 +/- acres (11,628.36 SF +/-) located on the north side of W. Division Street, and east of North Queen Street. The properties are zoned C-1A (Limited Commercial Zone). The proposed zoning for all three properties is IO (Institutional and Office Zone). The properties are located on the north side of West Division Street and east of North Queen Street. The owners of record for all three parcels are E. Vernon Ingram Jr. & Alice M. Ingram. Property Addresses: 317, 319, and 325 W. Division Street. Tax Parcels: ED-05-076.08-05-03.00-000, ED-05-076.08-05-02.00-000, and ED-05-076.08-05-01.00-000 respectively. Existing Properties: All three properties have frontage along West Division Street to the south and the property addressed as 325 West Division Street has frontage along North Queen Street to the west. The properties are also bordered by a paved alley to the north, as well as a paved alley to the east. There is vehicle access to all three properties from these alleys, as well as directly onto 319 W. Division Street from W. Division Street, and 325 W. Division Street from N. Queen Street. There is existing sidewalk along the both the W. Division Street, and N. Queen Street frontages. It appears that the entirety of the properties addressed as 317 and 319 W. Division Street are covered by impervious surface (either by building or paved parking area) and were most recently primarily used as a motor vehicles sales and motor vehicle service facility. The Building at 317 W. Division Street appears to have been initially constructed as a one-family detached dwelling unit (single-family home) but has most recently been used as Multiple-Dwelling Units (Apartments). It contains a paved area used as parking to the rear. The applicant is seeking rezoning to IO (Institutional and Office Zone). Any change of use of the site will be subject to review of Plan Permit submissions. Surrounding Land Uses The surrounding parcels are primarily zoned commercial. Along the Division Street corridor from the railroad tracks to State Street, the properties contain a mix of residential uses, places of public assembly (churches), some small scale commercial establishments, offices, a number of vacant lots, and also portion of the Delaware State University – Wesley Downtown Campus. Specifically, the properties immediately adjacent to the subject site to the east and west along West Division Street between Queen Street and New Street, as well as across W. Division Street to the south in this block are all zoned C-1A (Limited Commercial Zone). These properties in this block contain residential uses, varying from one-family detached dwelling units (single- family homes), duplexes, and multi-family dwelling units (apartments). Some of the buildings appear to have previously had first floor commercial space. The property immediately adjacent to the north of the subject site is zoned C-3 and had most recently been associated with the motor vehicle service facility previously operating at subject properties 319 and 325 W. Division Street. Properties further north and south along Queen Street are zoned RG-1 (General Residence Zone) and again contain a mix of various residential uses, places of public assembly (churches), and several vacant lots. II. COMPRENSIVE PLAN COMPLIANCE REVIEW In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this property be used for Mixed Use. Regarding Mixed Use Areas and the Land Use Classification of 23

Item 6. Z-21-06 Lands of Ingram at 317-325 W. Division Street DAC Report of October 6, 2021 Page 3 of 7 Mixed Use, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-7. The goals and for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: Goals: Mixed Land Use The overall goals for Mixed Use areas are: 1. Encourage creation of neighborhood centers. 2. Within the close-knit neighborhood fabric there are opportunities for the creation of urban centers. These centers should be established along major roadways and feature mixed use development, pedestrian-friendly public environments, and opportunities for connection to future transit. 3. In order to encourage non-automobile access to the center, the activities should be clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw upon residents from a number of surrounding neighborhoods. 4. Develop strategies that will encourage the creation of well-defined public street spaces and pedestrian-friendly village areas that encourage walking and bicycle use. This may include on-street and behind building parking, and the creation of build-to lines for new development. 5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle, and transit networks to parks and natural areas. 6. Encourage the Mixed Use of residential and commercial uses in the Downtown area. The following is an excerpt from the 2019 Comprehensive Plan regarding the Mixed Use Area in Downtown Dover (page 12-8): Recommendation for Downtown Dover – Historic Core and Center City: Mixed Use Area: Downtown Dover is the City’s primary Mixed Use area. The historic City center clustered around The Green dates back as early as the 1700s. It expands to also include the traditional City pattern of grid streets which developed during the 19th and early 20th centuries. As a result of its earlier development, Downtown Dover, like many other historic cities, includes a variety of intermingled land uses. The Downtown area, which includes the traditional Loockerman Street business district, is broadly bounded by Wesley College on the north, the railroad tracks on the west, Bayhealth-Kent General Hospital on the south, and Street Jones River on the east. It includes a street level mix of residential, commercial, office, cultural, and institutional uses. Downtown Dover is the traditional and symbolic center of the community and is vitally important to the overall image and identity of the City. As the State’s office complex and other businesses and services make Downtown the largest area of employment in the City, Downtown Dover is vital to the economy. It is important to preserve the area as a safe, convenient, and aesthetically pleasing business environment. Downtown provides a unique and affordable commercial environment where locally owned businesses reflect the small-town nature of the community. Downtown also provides a residential environment with a wide variety of housing types near commercial, cultural, education, and employment resources. The age of the buildings and 24

Item 6. Z-21-06 Lands of Ingram at 317-325 W. Division Street DAC Report of October 6, 2021 Page 4 of 7 infrastructure in the Downtown area requires special attention and incentives to assist in continual use and revitalization activities. Downtown lacks the vibrancy of years gone by and its revitalization will hinge on mixed land uses and developing a commercial niche. Removal of blighted conditions, rehabilitation and redevelopment of traditional residential areas, and reestablishment of neighborhood identity will be important components of the City’s strategies and initiatives. The goal of the Land Development Plan is to enhance the role of Downtown Dover as a major employment, residential and commercial center as well as the symbolic and cultural heart of the community. Efforts should strive to recognize its unique heritage and historic resources and to provide for mixed use development allowing greatest variation of uses, Activities to reestablish the economic and social vitality of Downtown neighborhoods are encouraged. The Rezoning Request to IO (Institutional and Office Zone) is consistent with the Land Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019 Comprehensive Plan) specifies that the following zones are compatible with this Land Use classification. See the excerpt from Table 12-1 given below. It is noted that the Mixed Use Land Use Category identifies a number of zoning districts that allow for a mix of commercial, institutional, and residential uses. C-2 (Central Commercial) (Downtown Redevelopment Target Area Only) C-2A (Limited Central Commercial) TND (Traditional Neighborhood Design) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) RGO (General Residence and Office) (Downtown Redevelopment Target Area Only) Mixed-Use R-8 (One Family Residence) R-10 (One Family Residence) RG-1 (General Residence) RG-2 (General Residence) RG-4 (General Resident - Multi-Story Apartments) C-3 (Service Commercial) CPO (Commercial and Professional Office) IO (Institutional and Office) III. ZONING REVIEW Request for IO (Institutional and Office Zone) Zoning The following description of the IO zoning district is provided from Article 3 §10 of the Zoning Ordinance. See the following code excerpt which provides the allowable uses. Article 3 Section 10. – Institutional and Office Zone (IO). 10.1 Uses permitted. In an institutional and office zone (IO), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (a) Business, professional, or governmental offices. (b) Banks. (c) Research, design, and development laboratories. (d) Public and institutional uses including hospitals, medical clinics, libraries, police stations, courthouses, transit centers, schools, colleges, universities, places of public assembly, 25

Item 6. Z-21-06 Lands of Ingram at 317-325 W. Division Street DAC Report of October 6, 2021 Page 5 of 7 philanthropic and charitable institutions, parks, playgrounds, public indoor recreation centers, athletic fields. (e) Public utility rights-of-way and structures necessary to serve areas within the city. (f) Child day care centers, provided they are established in accordance with all applicable state regulations pertaining to child care and provided that they are established and maintained in accordance with article 5, section 14 of this ordinance. (g) Emergency shelters and transitional housing. (h) Adult day care facilities provided they are established in accordance with all applicable state regulations pertaining to adult care and provided that they are established and maintained in accordance with article 5, section 22 of this ordinance. 10.2 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 1: (a) Firearm ranges, prisons, and correctional facilities. (b) Public incinerators. (c) Hotels and restaurants. 10.3 Accessory uses. The following uses shall be permitted accessory to other permitted uses on a lot. (a) Clinics, cafeterias, and recreational facilities. (b) Motor vehicle storage and repair facilities accessory to a public or institutional use. (c) Restaurants that are on a campus and intended to support users of the campus. 10.4 Uses prohibited. The following uses are prohibited: (a) Landfills, dumps. 10.5 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants approved by the city planner. 10.6 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 10.7 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. IV. RECOMMENDATION OF THE PLANNING STAFF: This Request is to rezone lands from C-1A (Limited Commercial Zone) to IO (Institutional and Office Zone). The permitted uses allowed in the current zoning district of C-1A offer a mix of uses. For the C-1A zone, the permitted uses that are commercial uses include retail, office, personal service & service establishments, and restaurants. The C-1A zone also includes permitted uses that are residential in nature including one-family residences (detached dwellings and duplex units), apartments and multi-family dwellings (more than 2 dwelling units in same building). The C-1A zone also includes conditional uses (uses subject to a specific review process for approval) for drive-throughs accessory to a permitted use; and it also notes several prohibited uses. 26

Item 6. Z-21-06 Lands of Ingram at 317-325 W. Division Street DAC Report of October 6, 2021 Page 6 of 7 With the proposed Rezoning to IO, the IO zone is also a zoning district offering a mix of uses; however, the uses are more focused on the public, institutional and office related realms. In the IO zone, the permitted uses include business, professional and governmental offices and also banks and laboratories. Also permitted are a variety of public and institutional uses serving the public in the medical, governmental, and educational fields and places of public assembly related to civic, social, and religious functions. The other group of uses in IO focuses specifically on the care of people ranging from child day care and adult day care facilities to facilities/shelters for temporary housing and social services of other populations. Staff recommends that the Rezoning be granted to IO (Institutional and Office Zone) as requested, as the proposed zoning is consistent with the 2019 Comprehensive Plan (as amended) for the Mixed Use Land Use Classification. The Division Street corridor is a main east-west roadway though the northern core of Downtown Dover where commercial and institutional type activities could be expected to serve the community. As the City has grown, the viability of Division Street for strictly residential uses has transitioned to an area with small commercial uses, places of public assembly, and a number of vacant lots awaiting redevelopment. It is an area where the character of the area consists of buildings placed close to the street with rear access from the alley network. The neighboring blocks already include a number of institutional uses as churches and a college campus. The area includes a range of transportation modes and opportunities (vehicle, transit, pedestrian, and bicycle) while being in proximity to nearby residential areas and other Downtown commercial areas. There is existing infrastructure for water, sanitary sewer, and electric services and the police, fire, and emergency medical services service the area. Planning Staff notes that this corridor was the focus of a 2015 charette study documented in the Division Street/Forest Street Dover Capital Gateway Plan and Design Book. With a goal of creating/improving the Division Street corridor as a welcoming, vibrant gateway and revitalizing this segment of Central Dover, the Study is offers guiding principles and objectives related to transportation, land use/urban design, regulatory, and social/process. This Rezoning Request is an opportunity for the Study’s implementation actions as part of an infill/redevelopment project. This Rezoning Request does not grant approval of a specific use for the property but makes its land use subject to a listing of uses permitted and potential conditional uses as allowed in the IO zoning district. Staff again notes that any potential development for the site would have to be in line with the zoning classification and would similarly have to follow all development design guidelines of the Zoning Ordinance. Were the Application for Rezoning to be recommended by the Planning Commission and subsequently approved by the City Council, the applicant would still have to submit Site Development Plans and/or Permits for review for any new use of the site or the buildings to be established. Any non-conformity of the existing buildings’ uses and placement regarding the bulk standards of the IO would be subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and Uses. Any development of the property once zoned IO would be subject to the bulk standards and provisions and the review processes for site development. 27

Item 6. Z-21-06 Lands of Ingram at 317-325 W. Division Street DAC Report of October 6, 2021 Page 7 of 7 This recommendation is being made without that benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration. V. ADVISORY COMMENTS TO THE APPLICANT: 1) The applicant shall be aware that approval of any Rezoning application does not represent Site Development Plan approval. Following any decision made by City Council in regard to this rezoning, then an application for a Site Plan, Subdivision Plan, and/or appropriate Building Permits must be submitted to the Planning Department prior to the establishment of a use, development activity, or any construction activity on the site. The applicant should contact the Planning Staff to determine the appropriate review process for any proposed projects. 2) The applicant shall be aware that approval of any Rezoning application does not represent a Building Permit, Demolition Permit, Sign Permit, or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 3) The applicant shall be aware that any future use of the existing structures may be subject to a separate permitting or licensing process through the City of Dover Licensing and Permitting Division. All businesses operating in the City of Dover are required to obtain a City of Dover Business License. Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. 28

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 29, 2021 APPLICATION: Lands of Ingram at 317, 319 and 325 W. Division Street FILE #: Z-21-06 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 REQUIREMENS: STORMWATER / STREETS / SANITATION 1. None. GENERAL 1. Our office has no objection to the rezoning of tax parcels ED-05-076.08-05-03.00-000, ED-05-076.08-05-02.00-000 and ED-05-076.08-05-01.00-000. 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. None. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE. 29

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 29, 2021 APPLICATION: Lands of Ingram at 317, 319 and 325 W. Division Street FILE #: Z-21-06 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 1. Our office has no objection to the rezoning of tax parcels: ED-05-076.08-05-03.00-000, ED-05-076.08-05.02.00-000 and ED-05- 076.08-05-01.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Water / Wastewater Handbook. 2. Any redevelopment shall adhere to the City of Dover Water / Wastewater Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Water & Wastewater during the planning phase for this site. Additional impact fees may apply for future development. ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 30

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPT 29, 2021 APPLICATION: Lands of Ingram at 317, 319 & 325 W. Division Street FILE #: Z-21-06 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 Our office has no objection to the rezoning of parcels ED-05-076.08-05-03.00-000, ED-05-076.08-05-02.00-000, and ED- 05-076.08-05-01.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and meters will be assessed at that time. 2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook. https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 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 . 31

C F Z-21-06 Item 6. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 09/29/21 D S O H V A E L R APPLICATION: Lands of Ingram at 317, 319, and 325 W Division St FILE #: Z-21-06 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is a rezoning application. This office has no objections. 2. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 3. 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 32

Item 6. to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2019 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 2021 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. 33

Item 6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Ingram (317, 319, & 325 W. Division Street) FILE#: Z-21-06 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 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 on the Rezoning. 2. At such time the property further develops, it is expected that DelDOT Subdivisions will need to review and approve the development. 3. At such time, the developer should schedule a pre-submittal meeting to discuss. 34

City of Dover Application No.: Z-21-06 Item 6. Department of Planning & Inspections n St Fulto RG-1 RG-1 RG-1 w St RG-1 N Ne NQ ueen St C-1A RG-1 C-3 C-1A C-1A Site C-1A n St ivisio C-1A WD C-2 C-1A C-1A RG-1 w St S Ne C-1A een S Qu St RG-1 S Ki RG-1 rkwo t od S Tile: Lands of Ingram Ordinance #: 2021-07 Addresses: 317, 319, 325 W. Division Street Legend « Parcel IDs: ED-05-076.08-05-03.00-000 Subject Property ED-05-076.08-05-02.00-000 ED-05-076.08-05-01.00-000 2012 Buildings Existing Zoning: C-1A Limited Commercial Zone Zoning Proposed Zoning: IO Institutional and Office Zone Owner(s): E. Vernon Ingram Jr. & Alice M. Ingram Dover Parcels Date: 09/20/2021 Corridor Overlay Zone 0 62.5 125 250 Feet 35

Item 6. Z-21-06 Lands of ingram at 317, 319, and 325 West Division Street: Rezoning C-3 to IO Attached are a series of correspondence from Rev. Dr. G. D. Hodge of the People’s church of Dover, which were mailed to members of the City of Dover City Council voicing support for the rezoning of 317, 319, and 325 West Division Street. Included is a copy of the e-mail sent from the City Clerk’s Office with the letters to Mr. Dave Hugg, Director of Planning & Inspections, detailing the correspondence. These letters were received by the City Clerk’s Office on September 8, 2021, and sent to the Planning & Inspection Department on September 16, 2021. Attachments: • E-mail from the Office of the City Clerk to Mr. Dave Hugg noting the receipt of correspondence to members of the City Council voicing support for the rezoning. • Correspondence to Councilmember Hare • Correspondence to Councilmember Taylor • Correspondence to Councilmember Boggerty • Correspondence to Councilmember Neil • Correspondence to Councilmember Sudler • Correspondence to Councilmember Taylor • Correspondence to Councilmember Arndt 36

Item 6. From: Ramsey, Megan R. To: Hugg, Dave Cc: Melson-Williams, Dawn; City Clerks Office Subject: Correspondence regarding rezoning of 317-325 West Division Street Date: Thursday, September 16, 2021 2:15:19 PM Attachments: Correspondence for Mr. Hare.pdf Correspondence for Mr. Boggerty.pdf Correspondence for Mr. Neil.pdf Correspondence for Mr. Taylor.pdf Correspondence for Mrs. Arndt.pdf Correspondence for Mr. Sudler.pdf Dave, Attached please find correspondence that was mailed to several members of Council from The People’s Church of Dover United Church of Christ regarding their support for the rezoning of 317- 325 West Division Street for the Dover Interfaith Mission for Housing. Thank you, Megan Ramsey Administrative Assistant City of Dover, Delaware Email: mramsey@dover.de.us Phone: 736-4462 Fax: 736-5068 37

Item 6. The People's Church of Dover United Church of Christ 46 South Bradford Street Dover, Delaware 19904 www.peopleschurchofdover.org office@peopleschurchofdover.org 302.674.4177 ~[E(c~ll~1E1Q) 3 September 2021 SEP 0 8 2021 OFFICE OF mE CITY CLERK Dear Councilmember Hare, A a property owner in your district, and on behalf of the membership of the People's Church of Dover, I write to express our strong support for the Dover Interfaith Mission for Housing. Thus far, the City and State have failed to control rents, so that more and more of our neighbors are homeless - even those with steady employment. It is left to private non-profits, like People's Church and the Interfaith Mission, to put band-aids on the worsening situation downtown. We urge you to enthusiastically support the application to re-zone 317-325 West Division. Until legislation addresses the underlying problems of unregulated rental profiteering, the City Council must do everything in its power to facilitate non-profits' efforts. Surely, even those Councilmembers who have no compassion for the homeless, can see that our city is less attractive to new business and new residents if there are a number of citizens sleeping on the sidewalks. So in our own best interests, the City must act. ReV'Dr.G'D'HOd~ 38

Item 6. The People's Church of Dover United Church of Christ 46 South Bradford Street Dover, Delaware 19904 www.peopleschurchofdover.org office@peopleschurchofdover.org 302.674.4177 SEP 0 8 2021 3 September 2021 OFFICE OF THE CITY CLERK Dear Councilmember Taylor, A ~ property owner in your district, and on behalf of the membership ofthe People's Church of Dover, I write to express our strong support for the Dover Interfaith Mission for Housing. Thus far, the City and State have failed to control rents, so that more and more of our neighbors are homeless - even those with steady employment. It is left to private non-profits, like People's Church and the Interfaith Mission, to put band-aids on the worsening situation downtown. We urge you to enthusiastically support the application to re-zone 317-325 West Division. Until 'legislation ·addresses the underlying problems of unregulated rental profiteering, the City Council must do 'everything in its power to facilitate non-profits' efforts. Surely, even those Councilmembers who have no compassion for the homeless, can see that our city is less attractive to new business and new residents if there are a number of citizens sleeping on the sidewalks. So in our own best interests, the City must act. ~/< Rev. Dr. G. D. HOdr 39

Item 6. The People's Church of Dover United Church of Christ 46 South Bradford Street Dover, Delaware 19904 www.peopleschurchofdover.org office@peopleschurchofdover.org 302.674.4177 tRi[r£CIEO\V7[e D SEP 0 8 2021 3 September 2021 OFFICE OF mE CITY CLERK Dear Councilmember Boggerty, On behalf of the membership the Dover Interfaith . of the People's Church of Dover, I write to express our strong support for Mission for Housing. Thus far, the City and State have failed to control rents, so that more and more of our neighbors are homeless - even those with steady employment. It is left to private non-profits, like People's Church and the Interfaith Mission, to put band-aids on the worsening situation downtown. We urge you to enthusiastically support the application to re-zone 317-325 West Division. Until legislation addresses the underlying problems of unregulated rental profiteering, the City Council must do everything in its power to facilitate non-profits' efforts. Surely, even those Councilmembers who have no compassion for the homeless, can see that our city is less attractive to new business and new residents if there are a number of citizens sleeping on the sidewalks. So in our own best interests, the City must act. v;:rryIY yourzz'f 1W-~"'fjtO Rev. Dr.G.D. Hod e 40

Item 6. The People's Church of Dover United Church of Christ 46 South Bradford Street Dover, Delaware 19904 www.peopleschurchofdover.org office@peopleschurchofdover.org 302.674.4177 SEP 0 8 2021 3 September 2021 OFFICE OF llIE CITY CLERK. Dear Councilmember Neil, On behalf ofthe membership of the People's Church of Dover, I write to express our strong support for the Dover Interfaith Mission for Housing. Thus far, the City and State have failed to control rents, so that more and more of our neighbors are homeless - even those with steady employment. It is left to private non-profits, like People's Church and the Interfaith Mission, to put band-aids on the worsening situation downtown. We urge you to enthusiastically support the application to re-zone 317-325 West Division. Until legislation addresses the underlying problems of unregulated rental profiteering, the City Council must do everything in its power to facilitate non-profits' efforts. Surely, even those Councilmembers who have no compassion for the homeless, can see that our city is less attractive to new business and new residents if there are a number of citizens sleeping on the sidewalks. So in our own best interests, the City must act. 41

Item 6. The People's Church of Dover United Church of Christ 46 South Bradford Street Dover, Delaware 19904 www.peopleschurchofdover.org office@peopleschurchofdover.org 302.674.4177 SEP 0 8 2021 3 September 2021 OFFlCE OF THE CITY CLERK Dear Councilmember Sutton, A a property owner in your district, and on behalf of the membership of the People's Church of Dover, I write to express our strong support for the Dover Interfaith Mission for Housing. Thus far, the City and State have failed to control rents, so that more and more of our neighbors are homeless - even those with steady employment. It is left to private non-profits, like People's Church and the Interfaith Mission, to put band-aids on the worsening situation downtown. We urge you to enthusiastically support the application to re-zone 317-325 West Division. Until legislation addresses the underlying problems of unregulated rental profiteering, the City Council must do everything in its power to facilitate non-profits' efforts. Surely, even those Councilmembers who have no compassion for the homeless, can see that our city is less attractive to new business and new residents if there are a number of citizens sleeping on the sidewalks. So in our own best interests, the City must act. 42

Item 6. The People's Church of Dover United Church of Christ 46 South Bradford Street Dover, Delaware 19904 www.peopleschurchofdover.org office@peopleschurchofdover.org 302.674.4177 SEP 0 8 2021 3 September 2021 OFFICE OF THE CITY CLERK Dear Councilmember Taylor, A ~ property owner in your district, and on behalf of the membership ofthe People's Church of Dover, I write to express our strong support for the Dover Interfaith Mission for Housing. Thus far, the City and State have failed to control rents, so that more and more of our neighbors are homeless - even those with steady employment. It is left to private non-profits, like People's Church and the Interfaith Mission, to put band-aids on the worsening situation downtown. We urge you to enthusiastically support the application to re-zone 317-325 West Division. Until 'legislation ·addresses the underlying problems of unregulated rental profiteering, the City Council must do 'everything in its power to facilitate non-profits' efforts. Surely, even those Councilmembers who have no compassion for the homeless, can see that our city is less attractive to new business and new residents if there are a number of citizens sleeping on the sidewalks. So in our own best interests, the City must act. ~/< Rev. Dr. G. D. HOdr 43

Item 6. The People's Church of Dover United Church of Christ 46 South Bradford Street Dover, Delaware 19904 www.peopleschurchofdover.org office@peopleschurchofdover.org 302.674.4177 rR1 ~CtE~\VJ[E1DJ SEP 0 8 2021 3 September 2021 OFFICE OF THE CITY CLERK Dear Councilmember Arndt, On behalf of the membership of the People's Church of Dover, I write to express our strong support for the Dover Interfaith Mission for Housing. Thus far, the City and State have failed to control rents, so that more and more of our neighbors are homeless - even those with steady employment. It is left to private non-profits, like People's Church and the Interfaith Mission, to put band-aids on the worsening situation downtown. We urge you to enthusiastically support the application to re-zone 317-325 West Division. Until legislation addresses the underlying problems of unregulated rental profiteering, the City Council must do everything in its power to facilitate non-profits' efforts. Surely, even those Councilmembers who have no compassion for the homeless, can see that our city is less attractive to new business and new residents if there are a number of citizens sleeping on the sidewalks. So in our own best interests, the City must act. 44

Item 6. PARCEL SUBJECT N. Q OF THIS PLAN UEE N ST VE. . RS A RNO ST. S. NE SION DIVI W ST OVE N. G . LOCATION MAP 1"=400'± 317, 319 & 325 W. DIVISION STREET 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 T-302-744-9875 F-866-672-6428 9/10/2021 45

FIRST READING Item 7. CITY OF DOVER ORDINANCE #2021-19 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 3 - District Regulations be amended by inserting the text indicated in 5 bold, blue font and deleting the text indicated in red strikeout as follows: 6 7 Section 19 – Manufacturing zone (M). 8 9 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building 10 shall be erected, which is arranged, intended or designed to be used, in whole or in part, for 11 any purpose, except the following, and conditional upon approval as to use by the planning 12 commission in accordance with the provisions of article 10, section 1 and in accordance with 13 performance standards procedure as set forth in article 5, section 8 and subject to the site 14 development plan approval as set forth in article 10, section 2: 15 19.11 Manufacturing, assembling, converting, altering, finishing, cleaning, or any other 16 processing, handling, or storage of products or materials involving the use of only oil, gas 17 or electricity for fuel. cooking, baking or any other type of manufacturing or 18 industrial processing of any goods, materials, products, instruments, appliances and 19 devices, provided that the fuel used shall be oil, gas or electricity; together with 20 accessory uses incidental to the use. 21 19.12 Research, design and development laboratories. 22 19.13 Wholesale storage and warehousing, transshipment and distribution, logistics 23 support. 24 19.14 Building contractors' yards. 25 19.15 Public utilities uses. 26 19.16 Ministorage facilities, subject to the following regulations: 27 (a) No unit shall be placed within 30 feet of any other structure on the lot or a 28 residential property line. 29 (b) No outside storage, except for recreational vehicles, boats or personal automobiles 30 when completely screened from view and parked in specifically approved locations. 31 Parking for these vehicles shall not count toward the required parking set forth in 32 subsection (e) below. 33 (c) No individual unit may be used for retail, garage sale or any other commercial 34 activities. 35 (d) No storage of flammable, explosive, corrosive or other hazardous products may 36 occur in the individual unit. 37 (e) Parking must be provided at a ratio of one space for each 25 rental units, plus a 38 minimum of three spaces for an office outside of the enclosure. One row of parallel 39 parking is permitted between buildings at a ratio of one space per 25 feet. 40 (f) All other bulk requirements of this ordinance are met. 46

Proposed Ordinance #2021-19 - Appendix B - Zoning Page 2 Item 7. 41 19.17 Railroad yards, sidings, and storage facilities. 42 19.18 Accessory uses: 43 (a) On-site offices, clinics, food service facilities, recreation facilities and child day 44 care services collocated within the permitted use and limited to exclusive use by 45 employees, and such other accessory uses and structures clearly incidental to, 46 and customary to and associated with the permitted use 47 (b) The following uses may be permitted as conditional uses if approved by the 48 Planning Commission in accordance with the provisions and procedures set 49 forth in Article 10, Section 1 and any specified requirements set forth below: 50 (1) Associated retail uses in conjunction with and accessory to a permitted use, 51 provided that the associated retail uses do not occupy more than 30 percent 52 of the gross floor area of the building or group of buildings on a lot. Parking 53 shall be provided at a rate of one parking space per 300 square feet of retail 54 space for the exclusive use of retail customers in addition to the bulk parking 55 requirements of this zoning district for a particular use. 56 (2) Outside storage which is incidental to the primary uses on the lot, within a 57 completely enclosed and secure area appropriately screened from public 58 view and not in any required setback from property lines. 59 19.2 Uses prohibited. The following uses are specifically prohibited: 60 19.21 Residences. 61 19.22 Manufacturing uses involving primary production of the following products from raw 62 materials: asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, 63 ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, 64 creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of 65 an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, 66 and hydrochloric, nitric, phosphoric, picric, and sulphuric acids; coal, coke and tar 67 products, including gas manufacturing; explosives; fertilizers; gelatin, glue and size 68 (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural 69 and synthetic); soaps, including fat rendering; [and] starch. 70 19.23 The following processes: nitrating of cotton or other materials; milling or processing of 71 flour, food, or grain; magnesium foundry; reduction, refining, smelting, and alloying of 72 metal or metal ores; refining secondary aluminum; refining petroleum products, such as 73 gasoline, kerosene, naphtha, [and] lubricating oil; distillation of wood or bones; [and] 74 reduction and processing of wood pulp and fiber, including papermill operations. 75 19.24 Operations involving stock yards and slaughter houses, grain elevators, and slag piles. 76 19.25 Storage of explosives., and Bbulk or wholesale storage of gasoline above [the]the 77 ground. 78 19.26 Dumps, except those owned and operated by the city. 79 19.27 Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory 80 to such uses. 47

Proposed Ordinance #2021-19 - Appendix B - Zoning Page 3 Item 7. 81 19.28 Junkyards, automobile dismantling plants or storage of used parts of automobiles or 82 other machines or vehicles or of dismantled or junked automobiles. 83 19.3 Site development plan approval. Site development plan approval in accordance with article 84 10, section 2 hereof shall be required prior to the issuance of building permits for the erection 85 or enlargement of all structures and prior to the issuance of certificates of occupancy for any 86 change of use. 87 19.4 Performance standards. All uses are subject to performance standards as set forth in article 5, 88 section 8.1. 89 (Ord. of 7-12-1993, § 8; Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. of 7-23-2001) 90 BE IT FURTHER ORDAINED: 91 92 That Appendix B - Zoning, Article 4 – Zoning Bulk and Parking Regulations, be amended by inserting 93 the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 94 95 Section 4.16 -M, IPM zones. 96 97 Bulk and parking regulations for industrial zones in M and IPM zones are as follows: For All Permitted Uses M IPM IPM (Planned IPM2 IPM3 (Conventional Industrial (Business and (Aviation and Planned) Park) Technology Aeronautics Center) Center) Lot area ½ acre 2½ acres 2½ acres 10 acres 1 acre average; 60,000 sq. ft. minimum Lot width (ft.) 100 200 150 100 100 Lot depth (ft.) 150 300 250 100 100 Front yard (ft.) 40 60 60 60 40 Side yard (ft.) 20 40 40 40 20 Rear yard (ft.) 20 40 40 40 20 Side or rear yard 50 100 100 100 50 which adjoins a residential zone (ft.) Off-street parking space: Per 800 sq. ft. 1 1 1 1 1 of floor area Per employee, 1 1 1½ 1 1 per largest working shift (if greater than the requirement under the floor area calculation) Maximum permitted: 48

Proposed Ordinance #2021-19 - Appendix B - Zoning Page 4 Item 7. Building height Stories 2 Not Limit Not limit 2 Not Limit Not limit Not limit Feet 35 60 Equal to 35 60 Equal to 75* distance to distance to nearest lot line nearest lot line Floor area ratio 0.5 0.5 0.5 0.5 0.5 Lot coverage 85% 75% 65% 65% 85% 98 99 * Building height shall comply with all applicable Federal Aviation Administration, Department of Defense, and Unified Facilities Criteria height restrictions and obstruction 100 marking and lighting standards. 101 (Ord. of 3-24-1986; Ord. of 7-12-1993, § 1; Ord. of 8-23-1999; Ord. No. 2009-18, 10-12-2009; Ord. No. 2018-06 , 8-27-2018; Ord. No. 2019-15 , 9-9-2019) 102 103 BE IT FURTHER ORDAINED: 104 105 That Appendix B - Zoning, Article 5 – Supplementary Regulations, be amended by inserting the text 106 indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 107 108 Section 3 - Supplementary regulations applying to nonresidential buildings, except in IPM zone. 109 110 3.1 Supplementary height regulations in nonresidential zones. 111 3.11 In nonresidential zones, Eexcept for one- or two-family dwellings, where a lot has frontage 112 on two or more streets or other public ways, the height limitation shall apply only as 113 measured from the curb level along the street or way with a higher elevation above sea level. 114 3.12 When penthouses, bulkheads, roof structures housing stairways, elevators, skylights, 115 cooling towers, air-conditioning units, or other equipment, etc., are over 12 feet high and 116 cover more than 20 percent of the roof area, measurements must be taken to the top of such 117 penthouses or bulkheads; elements provided, however, that no 118 3.13 An ornamental or decorative part of a building which is not used as a living or storage area, 119 such as steeples, spires and the like may not be greater in height than the maximum height of 120 the building to which the same is attached. 121 3.14 All penthouses, bulkheads, roof structures housing stairways, elevators, skylights, 122 cooling towers, air-conditioning units, or other equipment, etc., must be ten feet back of 123 the sidewalls, except that walls of elevators and stair enclosures may be built on the sidewall 124 when required by the plan of the building. 125 3.2 Courts for nonresidential buildings. 126 3.21 Inner courts. No inner court shall have a minimum dimension less than one-half of the 127 average height of all surrounding walls. 128 3.22 Outer courts. The minimum width of an outer court shall be 20 feet and the depth thereof 129 shall not exceed its width. 130 131 ADOPTED: * 132 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-19 - APPX B, ART III, SEC 19 - MANUFACTURING ZONE\PROPOSED ORDINANCE 2021-19.DOCX 133 49

Proposed Ordinance #2021-19 - Appendix B - Zoning Page 5 Item 7. 134 SYNOPSIS 135 This ordinance is a text amendment to the Zoning Ordinance provisions related to the “M” Manufacturing 136 Zone. It increases the maximum allowable building height, removes the requirement that all 137 manufacturing uses are subject to a Conditional Use approval, revises the description of allowable 138 accessory uses, and makes technical changes to ensure consistency with other provisions. All these 139 intended to improve Dover’s competitiveness. 140 (SPONSORS: ANDERSON AND NEIL) 141 142 143 Actions History: 144 09/27/2021 - Scheduled for First Reading - City Council 145 09/14/2021 - Introduced at Council Committee of the Whole/Legislative Finance, and 146 Administration Committee 50

Item 7. PETITION TO AMEND TEXT of Dover Zoning Ordinance Report to the Dover Planning Commission October 18, 2021 Proposed Changes: Text Amendments to the following: • Dover Code of Ordinances, Appendix B: Zoning (Zoning Ordinance) o Article 3 – District Regulations, Section 19 – Manufacturing Zone (M) o Article 4 – Zoning Bulk and Parking Regulations, Section 4.16 – M, IPM Zones o Article 5 – Supplementary Regulations, Section 3 – Supplementary regulations applying to nonresidential buildings. Summary of Amendments: This is a text amendment to the Zoning Ordinance provisions relating to the Manufacturing Zone (M). It increases the maximum allowable building height, removes the requirement that all manufacturing uses are subject to a Conditional Use approval, revises the description of allowable accessory uses, and makes technical changes to ensure consistency with other provisions. All of these are intended to improve Dover’s competitiveness as a location for manufacturing related uses. Ordinance Number: Proposed Ordinance #2019-19 File Number: MI-21-10 I. Background on Development of Text Amendments The City Zoning Ordinance as it relates to the Manufacturing Zone (M) sets a maximum building height as measured to the top of the roof at 35 feet which results in a limitation on the clear height of the interior space below the lowest point of any ceiling member, beam, joist, truss or other structural components. Modern warehouse, flex spaces and manufacturing facilities increasingly need clear heights of 32 feet to 36 feet with a preference for greater clearances if possible. The current restriction significantly limits Dover’s competitive potential. The Department has a large warehouse/flex manufacturing facility proposal pending that would benefit from this change. Staff has reviewed ordinances in other jurisdictions and determined that heights in the 45-70 foot range are provided. In Dover, the maximum height for much of the City’s manufacturing area is 51

MI-21-10 Text Amendments: Manufacturing Zone DAC Report Summary Item 7. Page 2 of 3 dictated by the Airport Environs Overlay Zone (AEOZ) provisions developed from the AICUZ (Airpark Installation Compatible Use Zone) Study determined by the Air Force. Where applicable, the AEOZ zone sets a maximum height of 60 feet; hence, the recommended text change is consistent. Additionally, the Zoning Ordinance (parts of which date from 1993) makes all potential uses in the Manufacturing zone subject to a Conditional Use approval by the Planning Commission, adding expense, uncertainty and delay to the City’s approval processes, potentially discouraging applicants from seeking a Dover location. Staff has also reviewed other ordinances relative to the determination of permitted, conditional use and prohibited uses in comparable zones. Accordingly, the Text Amendment recommends striking the universal Conditional Use requirement but adding the specific site development plan approval requirements set forth in the Zoning Ordinance. Finally, the Text Amendment clarifies provisions for warehousing, distribution, and logistics, makes this zone consistent with recent changes in the IPM zones and recognizes various accessory and incidental uses now common in the industrial marketplace. II. Code Review & Analysis: The Code (Appendix B, Article 3, Section 19) provides that all proposed manufacturing uses require a conditional use approval by the Planning Commission. Additionally, the description in Article 3, Section 19.11 is not consistent with the description used elsewhere in the Zoning Ordinance. The description of “wholesale storage and warehousing” was not revised when that description was amended in the IPM zones to include “transshipment and distribution and logistics.” The list of accessory uses did not address retail or outside storage activities. Appendix B, Article 4, Zoning Bulk and Parking Restrictions limits buildings in the Manufacturing zone to a maximum of 35 feet. Appendix B, Article 5 addresses supplemental height regulations relating to appendages to structures. III. Proposed Text Amendments: Key components of the proposed Text Amendments to the Zoning Ordinance include the following: • Article 3 Section 19.1 – Uses permitted in the M zone would no longer require a Conditional Use review process, but instead would be subject to Site Development Plan review process. • Article 3 Section 19.11 – Clarification on permitted manufacturing uses. • Article 3 Section 19.13 – This section would add “transshipment and distribution, logistics support” which is in line with the other manufacturing and industrial zones. • Article 3 Section 19.17 – The addition of permitted uses: “Railroad yards, sidings, and storage facilities.” • Article 3 Section 19.18 - The addition of accessory uses. 52

MI-21-10 Text Amendments: Manufacturing Zone DAC Report Summary Item 7. Page 3 of 3 • Article 4 Section 4.16 - Changes to the maximum height from 35 feet to 60 feet in the M and IPM Zone and the removal of the limit on the number of stories. • Article 5 Section 3 – Clarification on the measurement of height and what building features are measured. Because this is a Text Amendments proposed to the Zoning Ordinance, a Public Hearing and Recommendation by the Planning Commission are required. This review process began when the proposed Ordinance was submitted to City Council for First Reading on September 27, 2021. City Council has referred the Ordinance #2021-19 to Planning Commission for a Public Hearing and consideration on October 18, 2021. Then it is scheduled for Final Reading, Public Hearing and Final Action by Council on November 8, 2021. At the meeting City Council may act to adopt the whole Ordinance, to reject it, to adopt part of the Ordinance, and/or to make other amendments to the proposed text. IV. Planning Review and Recommendations: Planning Staff developed the proposed Ordinance for the Text Amendments for the M Zone (Manufacturing) because of consideration of economic development strategies and interaction with developers/property owners. The Planning Office is in support of these changes to the permitted and accessory uses in the M zoning district and bulk standards related to height. 1) The Planning Office provided an opportunity to Development Advisory Committee (DAC) members to comment on the proposed Text Amendments at their meetings on September 29 and October 6, 2021. No other Agency which partakes in the DAC process had any significant comment or objection with regards to the proposed Text Amendments. 2) The Proposed Ordinance is also subject to Legal Review by the City Solicitor which may identify additional clarifications or corrections. 3) The approval of this Text Amendment does not authorize the establishment of the uses on properties with the M zone. Prior establishment of a use, the appropriate applications for site development activity plan review, Building Permits, and other construction activity Permits, Business and Occupancy Licensing, etc. are required. 53

Item 7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 29, 2021 APPLICATION: Text Amendment: Manufacturing Zone (M) FILE #: MI-21-10 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 1. None. GENERAL 1. Our office has no objection to the text amendment. 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. None. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE. 54

Item 7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 29, 2021 APPLICATION: Text Amendment: Manufacturing Zone (M) FILE #: MI-21-10 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 objections to the proposed text amendment to increase the maximum height in the Manufacturing Zone (M). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 55

Item 7. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPT 29, 2021 APPLICATION: Text Amendment: Manufacturing Zone (M) FILE #: MI-21-10 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 SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE , PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY ’ S AUTHORITY AND AREA OF EXPERTISE . T HE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Electric Department has no objections to the proposed text amendment referencing the Manufacturing Zone (M). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. None I F 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 . 56

C F MI-21-10 Item 7. 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: 09/29/21 D S O H V A E L R APPLICATION: Text Amendment-Manufacturing Zone FILE #: MI-21-10 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 a text amendment. 2. Emergency access to rear building areas compliant with City of Dover Code (Appendix B- Zoning, Article 5- Supplementary Regulations, Section 17); all four stories and greater buildings require 24ft fire lane at the rear. All two to three story apartment structures require an 18ft Secondary Fire Lane at the rear. All townhouses (3-8 units with no fire protection) require a 16ft alley or 18ft secondary fire lane at the rear. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. I have spoken with the Fire Chief who had concerns in reference to their 100’ ladder trucks being able to properly reach the top of these structures. 2. Fire Lanes and Perimeter Access must comply with the 2021 Delaware State Fire Prevention Regulations. 3. 2021 Delaware State Fire Prevention Regulations have the following definitions: - Height, for the purpose of determining building height, measurements shall be measured from the lowest level of fire department vehicle access to the floor of the highest occupiable story. - Mid Rise Building, any building within the following occupancy classification that exceeds 50 feet in height and up to 75 feet in height. - High Rise buildings, any building that exceeds 75 feet in height 57

Item 7. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2019 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 2021 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. 58

Item 7. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Text Amendment Manufacturing Zone (M) FILE#: MI-21-10 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 on the Text Amendment. 59

Item 8. MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7196 Fax: 302.736.4217 DATE: October 18, 2021 TO: Planning Commission FROM: Planning Office SUBJECT: Updates to the 2019 Comprehensive Plan Attached are updates to the 2019 Comprehensive Plan. These updates are a result of the approval of MI-21-04 Comprehensive Plan Amendments Set #2. These changes were identified after a thorough review of the Land Development Plan Maps and Chapter 12 Land Development Plan of the Comprehensive Plan during the Comprehensive Rezoning process. The Amendments were recommended for approval by the Planning Commission on May 17, 2021 and were given final approval by City Council on June 14, 2021. Please insert these pages in the binder provided by Planning Staff containing the 2019 Comprehensive Plan. Attachments:  Table 12-1: Land Use and Zoning Matrix (This table is to be inserted in between pages 12-26 and 12-27 of the Comprehensive Plan.)  Map 12-1 and Maps 12-1A through B (This map series can be replaced page for page.) 60

Item 8. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1 Land Development Plan_Revised.mxd Map 12-1: Proposed Land Development Plan Revisions Adopted June 14, 2021 0 2,500 Hydrology Roads LEGEND 5,000 Feet ¯ Dover Boundary Land Use Active Agriculture Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity DoverAFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Water Bodies 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 61 Division.

Item 8. 62

Item 8. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1A Land Development Plan_Revised.mxd Map 12-1A: Land Development Plan Revisions Adopted June 14, 2021 0 1,500 LEGEND Dover Boundary Roads 3,000 Feet ¯ Hydrology Land Use Active Agriculture Commercial Entertainment Commercial High Intensity Commercial Low Intensity DoverAFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Water Bodies 0 10,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 63 Division.

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Item 8. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1B Land Development Plan.mxd Map 12-1B: Land Development Plan Revisions Adopted June 14, 2021 0 1,500 LEGEND Dover Boundary Roads 3,000 Feet ¯ Hydrology Land Use Active Agriculture Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity DoverAFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Water Bodies 0 10,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 65 Division.

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Item 8. City of Dover, DE 2019 Comprehensive Plan File:M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1C Land Development Plan_Revised.mxd Map 12-1C: Land Development Plan Revisions Adopted June 14, 2021 0 1,500 LEGEND Dover Boundary Roads 3,000 Feet ¯ Hydrology Land Use Active Agriculture Commercial Entertainment Commercial High Intensity Commercial Low Intensity DoverAFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Water Bodies 0 10,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 67 Division.

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Item 8. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1D Land Development Plan.mxd Map 12-1D: Land Development Plan Revisions Adopted June 14, 2021 0 1,500 LEGEND Dover Boundary Roads 3,000 Feet ¯ Hydrology Land Use Active Agriculture Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity DoverAFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Water Bodies 0 10,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 69 Division.

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Item 8. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1E Land Development Plan.mxd Map 12-1E: Land Development Plan Revisions Adopted June 14, 2021 0 1,500 3,000 Feet LEGEND Dover Boundary Roads Hydrology Land Use ¯ Active Agriculture Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity DoverAFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Water Bodies 0 10,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 71 Division.

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Item 8. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1F Land Development Plan.mxd Map 12-1F: Land Development Plan Revisions Adopted June 14, 2021 0 500 LEGEND Dover Boundary Roads 1,000 Feet ¯ Hydrology Land Use Active Agriculture Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity DoverAFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Water Bodies 0 10,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 73 Division.

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Item 8. Adopted – 6.14.2021 Revision #2 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan LAND DEVELOPMENT PLAN MATRIX The following is the Matrix of possible zoning categories in each of the land use categories included on the Land Development Plan Maps: Table 12-1 Land Use and Zoning Matrix Land Use Category Zoning District R-20 (One Family Residence) R-15 (One Family Residence) Residential Low Density R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) RM-1 (Medium Density Residence) RM-2 (Medium Density Residence) Residential Medium Density RG-1 (General Residence) RG-2 (General Residence) RG-3 (Group Housing) RGO (General Residence and Office) MH (Manufactured Housing) C-1 (Neighborhood Commercial) RM-2 (Medium Density Residence) RGO (General Residence and Office) RG-1 (General Residence) RG-2 (General Residence) Residential High Density RG-3 (Group Housing) RG-4 (General Residence – Multi-Story Apartments) RG-5 (General Residence - Mid Rise Apartments) MH (Manufactured Housing) C-1 (Neighborhood Commercial) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) C-2 (Central Commercial) C-2A (Limited Central Commercial) Commercial - Low Intensity C-3 (Service Commercial) SC-1 (Shopping Center Commercial) RGO (General Residence and Office) CPO (Commercial and Professional Office) IO (Institutional and Office) REVISIONS to 2019 Comprehensive Plan Adopted 6.14.2021 – Page 12 - 26.1 75

Item 8. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan C-2A (Limited Central Commercial) C-3 (Service Commercial) C-4 (Highway Commercial) SC-1 (Shopping Center Commercial) Commercial – High Intensity SC-2 (Shopping Center Commercial) SC-3 (Shopping Center Commercial) RC (Recreational and Commercial) CPO (Commercial/Professional Office) IO (Institutional and Office) RC (Recreational and Commercial) Commercial – Entertainment IO (Institutional and Office) C-2 (Central Commercial) (Downtown Redevelopment Target Area Only) C-2A (Limited Central Commercial) TND (Traditional Neighborhood Design) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) RGO (General Residence and Office) (Downtown Mixed-Use Redevelopment Target Area Only) R-8 (One Family Residence) R-10 (One Family Residence) RG-1 (General Residence) RG-2 (General Residence) RG-4 (General Resident - Multi-Story Apartments) C-3 (Service Commercial) CPO (Commercial and Professional Office) IO (Institutional and Office) M (Manufacturing) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Industrial Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) C-3 (Service Commercial) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Public and Private Utilities Aviation & Aeronautics) Any zone subject to conditions Revisions to 2019 Comprehensive Plan Adopted 6.14.2021 – Page 12 - 26.2 76

Item 8. Adopted – 6.14.2021 Revision #2 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan Street, Road and Alley Rights-of-way Right-of-Way IO (Institutional and Office) Institutional Institutional uses may be conditionally permitted in residential zones CPO (Commercial and Professional Office) Office and Office Parks IO (Institutional and Office) IPM (Industrial Park Manufacturing) RGO (General Residence and Office) A (Agricultural) Active Agriculture Agricultural uses may also exist in other zones ROS (Recreational and Open Space) Open Space RC (Recreational and Commercial) Open Space uses may also exist in other zones Source: Department of Planning and Inspections As part of the Comprehensive Rezoning 2021 Project, the analysis of parcels and their land use identified the need for some additions to the Land Use and Zoning Matrix. The adopted revisions are listed in italics. The Revisions consist of adding several additional Zoning Districts to the Land Use Categories. REVISIONS to 2019 Comprehensive Plan Adopted 6.14.2021 – Page 12 - 26.3 77

Item 9. Potential Planning Commission Workshop Topics Choose 5 Meeting Procedure: How to Make a Motion What are my Responsibilities as a Planning Commission Member? Technology in Planning What is the Comprehensive Plan? How you can promote diversity, equity, and inclusion in your roll as Planning Commissioner? Legal History Behind Planning Historic Preservation Alternative Housing Options Census and Population Changes What is PLUS (Preliminary Land Use Service)? Application Processes Electric Vehicles – The future or now? How does Zoning Work? What goes into a Site Plan Review and Staff Report? Community Resiliency/Disaster Recovery Exploring Topic in Sustainability Pioneers of Planning in the U.S. Transportation Planning Other: Other: Other: 78