March Planning Commission Paperless Packet

CITY OF DOVER, DELAWARE PLANNING COMMISSION MEETING Monday, March 21, 2022 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 March 21, 2022 will be held both as an In-Person Meeting in the City Hall Council Chambers. The public is welcome to attend in person. The meeting will also be a Virtual Meeting using WebEx audio/visual 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 March 21, 2022 Dial: 1-408-418-9388 Event number/Access code: 2334 842 3622 Event password: DoverPC Event Address: https://bit.ly/PCMeeting3212022 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 the Minutes of February 22, 2022. COMMUNICATIONS & REPORTS 1

PLANNING COMMISSION MEETING - March 21, 2022 PAGE 2 Meeting Reminder: The next Planning Commission regular meeting date is April 18, 2022 at 7:00 PM. Update on City Council Actions Department of Planning & Inspections Updates Education and Training Opportunities 2. The Institute for Public Administration presents an opportunity for training via Zoom! April 1, 2022 at 10:00 A.M. - Freedom of information Act (FOIA) for Local Officials OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval: None NEW APPLICATIONS 3. Z-22-01 Lands of the State of Delaware at South Governors Avenue and West Water Street - Public Hearing and Review of a Rezoning Application to adjust the boundary of the H (Historic District Zone) to include a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance of the lands for the new Kent County Family Courthouse project site. The properties are zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The proposed zoning is IO (Institutional and Office Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H (Historic District Zone). The properties are located on the east side of South Governors Avenue between West Water Street and Bank Lane. The owner of record is the State of Delaware. Property Addresses: 411 S. Governors Avenue, 429 S. Governors Avenue, 435 S. Governors Avenue, 439 S. Governors Avenue/117 West Water Street, 441 S. Governors Avenue, and 447 S. Governors Avenue. Tax Parcels: ED-05-077.09-03-37.00-000, ED-05-077.09-03-48.00-000, ED-05-077.09-03-50.00-000, ED-05-077.09-03-51.00-000, ED-05-077.09-03-52.00-000, ED- 05-077.09-03-61.00-000, and an alley. Ordinance #2022-02. Council District 4. First Reading was held by City Council on February 28, 2022 where the Public Hearing dates were set for Planning Commission on March 21, 2022, Historic District Commission on March 24, 2022 and City Council on April 11, 2022. 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane – Public Hearing and Review of a Site Development Plan Application for the construction of a 7,884 SF warehouse and associated site improvements. The property is zoned M (Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone). The property consists of 22.86 acres (995,996.38 SF) and as part of this application will be subdivided into two parcels. Lot 1 being 19.74 acres (880,045.42 SF) and Lot 2 (the lot to be developed) being 2.99 acres (130,579.33 SF). The property is located on the north side of Lafferty Lane approximately one quarter mile west of Horsepond Road. The owner of record Devreco, LLC. Property Address: Lafferty Lane. Tax Parcel 2

PLANNING COMMISSION MEETING - March 21, 2022 PAGE 3 Number: ED-05-077.16-02-05.00-000. Council District 2. Waiver Request: Partial Elimination of Curbing. Also for Consideration: Performance Standards Review Application. 5. S-22-03 Restaurant at 801 North State Street - Public Hearing and Review of a Site Development Plan Application for the construction of a 7,681 SF Restaurant with outdoor patio dining and associated site improvements. The property is zoned C-2A (Limited Central Commercial Zone). The property consists of 1.943 acres (84,637.08 SF) and is located on the east side of North State Street, southwest of Lepore Drive. The property is bordered by Silver Lake to the south. The owner of record is Lopez Kent County, LLC. Property Address: 801 South State Street. Tax Parcel Number: ED-05-068.09-01-13.00-000. Council District 3. Waiver Request: Partial Elimination of Curbing. For Consideration - Bank Stabilization for Reduction of Setback Requirement from Silver Lake. 6. S-22-04 Raymond Street and Railroad Avenue Street Improvements – Public Hearing and Review of a Site Development Plan Application for the proposed construction of street improvements in the Rights-of-Way of Raymond Street and Railroad Avenue. Improvements consist of paved roadways, curbing, sidewalks, and utility infrastructure (water, sewer, and stormwater drainage). Raymond Street is proposed to be extended west as a 24 ft. paved width roadway to intersect with Railroad Avenue. Railroad Avenue is proposed to be constructed as a 24 ft. paved width roadway extending to the north ending in a cul-de-sac. Portions of the surrounding property totaling 0.61 acres and owned by Patel College Properties LLC and Patel Excess College Road LLC are being dedicated to the City of Dover for the expansion of Right- of-Way. The area is located north of College Road and east of the Lands of the Delaware Railroad. Public Right-of-Way to be dedicated to City of Dover. Property Address: Rights-of- way in the vicinity of Tax Parcels: ED-05-067.00-02-53.00-000 and ED-05-067.00-02-56.00- 000. Council District 4. This area was annexed into the City of Dover as of the City Council Meeting of December 13, 2021. Waiver Requests: Reduction of Street Right-of-Way Width, Exceed Maximum Length of Cul-de-sac, and Partial Elimination of Sidewalks NEW BUSINESS 7. Update on Dover Air Force Base Compatible Use Study https://deldot.gov/projects/Studies/dafb/ 8. Update on Downtown Dover Strategic Master Plan https://www.downtowndoverpartnership.com/ddp/Downtown-Dover-Strategic-Master-Plan/ ADJOURN Posted Agenda: March 11, 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 FEBRUARY 22, 2022 The Meeting of the City of Dover Planning Commission was held on Tuesday, February 22, 2022 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mrs. Denney (New appointed Planning Commission member), Mr. Hartman, Mr. Baldwin, Mrs. Welsh, Mrs. Malone and Mrs. Maucher. Mr. Cooper, Mr. Roach and Dr. Jones were absent. Staff members present were Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Ms. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present were Mr. Robert Neely, Mr. Raul Juarez, Mr. Eric Dowell, Mr. Chris Lazenby, Mr. Brett Jarrett & Ms. LeeAnn Gudorp. APPROVAL OF AGENDA Conditional Use Application C-22-02 Apartments at 773 South Queen Street will not be heard by the Planning Commission on February 22, 2022. The Applicant has chosen to withdraw their application. Mrs. Welsh moved to approve the revised agenda, seconded by Mrs. Malone and the motion was unanimously carried 6-0 with Mr. Roach, Mr. Cooper and Dr. Jones absent APPROVAL OF MEETING MINUTES OF JANUARY 18, 2022 Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of January 18, 2022, seconded by Mr. Baldwin and the motion was unanimously carried 6-0 with Mr. Cooper, Mr. Roach and Dr. Jones absent. COMMUNICATIONS & REPORTS Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled for Monday, March 21, 2022 at 7:00PM. It is anticipated that this meeting with return to In- person with the virtual option available for those who may still require that. So, we will be moving back to that hybrid format for our meetings and look forward to seeing everyone in Council Chambers. Mrs. Melson-Williams provided an update on the regular City Council and various Committee meetings held on January 24 & 25, 2022 and February 14 & 15, 2022. Mrs. Melson-Williams stated that as of February 11, 2022 City Council appointed Mr. Dave Hugg as the City Manager. At that same time, they indicated that I would continue as the Interim City Planner for the time being. Mrs. Melson-Williams stated that masks are no longer required in City buildings but are encouraged. The Office in general over the last month, has been busy. The couple of snow events that we had kept our Code Enforcement Office busy with violations related to uncleared sidewalks. The City has an ordinance that within a certain time period of the ceasing of snow, you have to clear your sidewalks. We are also in the timeframe for renewals of Rental Dwelling 1 4

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. Permits and Public Occupancy Permits. Our Front Office Staff has been managing intake of those renewals. Mrs. Melson-Williams stated that if any Commissioners are interested in attending one of these trainings, please reach out to Planning Staff to get registered. These are events that are presented by the University of Delaware’s Institute for Public Administration. The next one happens to be Friday, February 25, 2022; it is an “Introduction to Land-Use Law, the Constitution and Takings.” The next one is being held on March 10, 2022 and it is “Introduction to Land Use Administration.” These are presented virtually. You get an email link to the event once you are registered. The Planning Department does have training money to allow for Commission members to attend these events. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the Virtual Meeting using the WebEx system. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None NEW APPLICATIONS AX-22-01 – Lands of Ernestine F. Huff at 166 Mifflin Road – Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel of land totaling 25,000 SF located at 166 Mifflin Road, Dover. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the west side of Mifflin Road approximately 300 ft south of Woodmill Drive. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Low Density. The owner is Ernestine F. Hugg. Property Address: 166 Mifflin Road. Tax Parcel: ED-05-076.14-01-02.00-000. Proposed Council District 1. Ordinance #2022-01. The First Reading of this Annexation Request was completed on January 10, 2022. Public Hearing before the Planning Commission is scheduled for February 22, 2022 and a Public Hearing at City Council on March 14, 2022. Representatives: None Mrs. Melson-Williams stated that Mrs. Huff is not in attendance tonight so we can either continue with the application or defer it to see if the applicant joins the meeting. (The application was delayed until later in the meeting.) SB-22-02 Lands of Juarez at 508 Acorn Lane: Minor Subdivision Plan - Public Hearing and Review of a Minor Subdivision Plan to subdivide one (1) property (on two (2) tracts of land) consisting of 2.455 acres +/- into three (3) parcels (Lots 1, 2 and 3). Lot 1 (Residual) is to be 0.67 acres+/- and encompasses the bulk of the primary tract of land east of Acorn Lane and containing the one-family detached dwelling unit (single-family home). Lot 2 is to be 0.47 acres+/- and is 2 5

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. the smaller portion of the tract of land east of Acorn Lane and contains no development. Lot 3 is the western portion of the existing tract of land west of Acorn Lane and is proposed to be 1.315 acres+/- and is currently undeveloped. The subject property is located on the east side of Acorn Lane with a tract of land on the west side of Acorn Lane. The property is zoned R-8 (One-Family Residence Zone). The owner of record is Raul M. Juarez. Property Address: 508 Acorn Lane. Tax Parcel Number: ED-05-068.15-01-10.00-000. Council District 3. This address was most recently the subject to Annexation Application AX-13-02 which was approved by the City Council in December 2013. Representatives: Mr. Robert Neely, Neely Engineering LLC; Mr. Raul Juarez, property owner Mr. Swierczek stated that this is a Minor Subdivision Application for a property at 508 Acorn Lane. It is a single property on two tracts of land. There is one tract that is east of Acorn Lane and one that is west. The property overall is just under 2.5 acres. The applicant is proposing to subdivide the property into three new parcels. Lot 1 would be the bulk of the property east of Acorn Lane and that is 0.67 acres and contains the existing single-family home on that property. The proposed Lot 2 would be just under a half an acre and that would also be on the east side of Acorn Lane. It is currently vacant and they are not proposing any development. The proposed Lot 3 would be the plot of land that is west of Acorn Lane that is a largely wooded lot. Again, the applicant is not proposing any development at this time. This was most recently subject of an Annexation application back in 2013. As noted, the applicant is not proposing any development at this time; this is simply a Minor Subdivision. Any new development that may come in the future will go through whatever review process is required at that point. Mr. Neely stated that he is with Mr. and Mrs. Juarez. The meeting minutes that they got previously from the City of Dover outlined a lot of things about City of Dover Electric if the property was developed; and, he was kind of concerned that it didn’t say anything about them not having any objection to the Minor Subdivision Plan. Responding to Mr. Neely, Mr. Swierczek stated that the comments that he referenced were from the Electric Department. Those would be just more advisory comments for the potential development of the property. They wouldn’t necessarily pertain to the Subdivision Application. He doesn’t think that would be an impediment to the application this evening. Mr. Neely asked if there were any other comments from the Commission that they need them to do to satisfy the application. Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Denney stated that her only comment is that you are just creating what she considers to be “awkward” shaped lots but that tends to be what happens here. The lots are so narrow at the end and obviously you get into trying to do something with them and it becomes difficult in the depth. Mrs. Welsh moved to approve application SB-22-01 Lands of Juarez at 508 Acorn Lane: Minor Subdivision to accept the change in the lot size, seconded by Mrs. Malone and the motion was 3 6

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. carried 6-0 by roll call vote with Mr.Cooper, Mr. Roach and Dr. Jones absent. Mrs. Denney voting yes; based on the fact that at this point, the maker of the motion and the person who seconded it have been doing this for a long time and seem to feel as though it is okay. Again, she has a little bit of an issue with the particular shape of these lots but she feels as though as she is reading the information that was provided it seems to be passing the scrutiny of others. Mrs. Welsh voting yes; it is in keeping with plans for the City and it seems to be a good use of the lots. Mr. Hartman voting yes; based on the fact that they will remain compliant with our R-8 (One Family Residence Zone). Mr. Baldwin voting yes. Mrs. Malone voting yes; based on the City and Planning Staff’s recommendations and for other reasons stated. Mrs. Maucher voting yes; based on the continuation of the R-8 (One Family Residence Zone). S-22-01 Caliber Car Wash at 280 Cowgill Street – Public Hearing and Review of a Site Development Plan Application for the construction of a 3,500 SF Self-Service Car Wash facility and associated site improvements including two (2) pay stations and nineteen (19) vacuum spaces. This redevelopment includes demolition of the existing auto repair shop building. The property is zoned C-4 (Highway Commercial Zone). The property consists of 0.78 acres (33,976.8 SF) and is located on the south side of Cowgill Street and Court Street near the corner of Martin Luther King Jr. Boulevard and S. DuPont Highway. The owner of record is Neaton’s Tire Service of Delaware. The Equitable Owner (Developer) is MPV Properties c/o John Bradley Murr. Property Address: 280 Cowgill Street. Tax Parcel Number: ED-05-077.10-01-17.00. Council District 4. Waiver Request – Elimination of Sidewalk on Street Frontages for Alternative. Representatives: Mr. Eric Dowell, MPV Properties; Mr. Chris Lazenby, Timmons Group; Mr. Brett Jarett, MPV Properties; Ms. LeeAnn Gudorp, Timmons Group Ms. Bulkilvish stated that this application is for a Car Wash located at 280 Cowgill Street. Currently, there is a tire service station there. The new proposed Car Wash is about 3,500 SF and will contain nineteen (19) vacuum stations and two (2) pay stations. The property is zoned C-4 (Highway Commercial Zone) and it is about 0.78 acres or 33,976.8 SF. According to the parking requirements, there are twelve (12) spaces required and they are showing twenty-two (22) spaces. That is nineteen (19) vacuum spaces and three (3) employee spaces. They are asking for a waiver for the elimination of frontage sidewalk in lieu of what they show. In their exhibit. they are showing a connection which is not shown on this plan but it is a connection from the multi- use path that goes along Martin Luther King Jr. Boulevard connecting onto the site. That would then go across an exit aisle from the Car Wash and connect to the sidewalk that they are showing in front of the Car Wash building. They are providing a dumpster. They have assured us that the dumpster enclosure will match the architecture of the building and be a white brick face with an opaque gate. They also explained during our Applicant DAC Meeting that they would be providing the opaque barrier requirements as they are adjacent to a residential property. That includes an opaque fence or a masonry wall or some kind of opaque barrier as well as landscaping including some kind of hedgerow that will reach a height of six (6) feet. The plans do not show any bicycle parking; however, the applicant has agreed that they will provide the two (2) bicycle parking spaces that are required by providing a bike rack near the entrance of the building. Access to the Car Wash is shown as two entrance points and two exit points. The entrance furthest to the south on this drawing is for the cue to the Car Wash. Patrons would come 4 7

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. through the Car Wash lane, pay at one of the two pay stations and then enter through the car wash building. If they were to leave their wallet or something at home and need to bail out, they have also provided a bail out lane onto Cowgill Street. Once exiting the Car Wash, the thought is that all of the patrons would then come into the vacuum stations. The two-way entrance is basically just for their employees to get into and out of the employee parking. It is intended that all patrons would enter through Car Wash cue and not come in just to use the vacuums. They are also providing landscaping on the entire site. Again, it is not shown here but they will be adjusting the drive aisle in order to accommodate that hedgerow along the residential property line. They are also providing landscaping along the street frontages and some larger shade trees along that entrance into the Car Wash. Ms. Gudorp stated that they are happy to answer any questions that the Commissioners may have. Mr. Hartman questioned what their expected traffic would be on week days and weekends. Responding to Mr. Hartman, Mr. Dowell stated that the only thing that they have in terms of projected volumes and this question comes up sometimes in relation to water usage, is 300 cars per day. You have to keep in mind that on rainy days, they may not have anybody come through the Car Wash but on average you are probably looking at somewhere to 150 to 200 cars. That would be a reasonable guestimate. Mrs. Maucher asked if that was per day. Responding to Mrs. Maucher, Mr. Dowell stated yes. With that region that we are in as far as weather, after a snow event or something obviously a Car Wash is going to have more volume than an “average day”. So there are days that you would see above average and you could see as much as 300 cars in a day versus if the weather has been stable and it is just average customers, you are probably back down to that 150-200 cars per day. Mr. Hartman asked if he had looked at the traffic there from the Wawa that is right across the street. He imagines that the cross traffic from that Wawa coming down Martin Luther King Jr. Boulevard is going to compete with the traffic going into your site. How much have you looked at that as a problem? Will there be a Traffic Study? Responding to Mr. Hartman, Mr. Dowell stated that Ms. Bulkilvish may be able to speak to this better than him. As a part of their DAC Meeting, it was referenced that they may need to look at a TIA Study but they have not to date actually done a study. Ms. Bulkilvish stated that as part of the DAC Meeting, our DelDOT representative has requested that the applicants submit for a Pre-Submittal Meeting in which they will be submitting their traffic counts and then from that, they will determine whether or not a Traffic Study will need to take place. Mr. Hartman questioned when they would have enough information from that to make a better decision. Responding to Mr. Hartman, Ms. Gudorp stated that they have not but that was going to be their next step after this meeting. Ms. Bulkilvish stated that she is not sure what the timeframe is with the DelDOT Pre-Submittal Meeting and what the timeframe is, but before we can give them any kind of Final Plan Approval, we would have to have that signed off by DelDOT. 5 8

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. Mr. Hartman asked if DelDOT will actually come up with a decision that says this is not a good idea to put this Car Wash here. In the event that the Commission approves this and DelDOT has recommendations that this is going to create a problem, what happens then? Responding to Mr. Hartman, Ms. Bulkilvish stated that most likely DelDOT will provide them with other traffic implementation changes that need to happen within the area. So, whether that be a change in a traffic pattern on Martin Luther King Jr. Boulevard or putting in an extra stop sign there or something like that or maybe an additional turn lane. That would be something that DelDOT would require depending on what the traffic looks like in that area. Mrs. Melson-Williams stated that she also wants to allow Mr. Jason Lyon with the Public Works Office and Department of Water and Wastewater to speak to some of these street questions as well. This is somewhat of a unique area when it comes to right-of-way for roads. Mr. Lyon asked if she wanted him to speak about the ownership of the streets. Responding to Mr. Lyon, Mrs. Melson-Williams stated yes, because this is kind of going to be a joint effort when it comes to dealing with traffic planning for the area. Mr. Lyon stated that the road Cowgill Street is kind of carved out in right-of-way and it is recognized as a City owned street and maintained through the City. In other words, it is part of our inventory of streets that we maintain in the City of Dover and that contributes to the Municipal Street Aid calculation that the State provides to the City. Court Street; however, is a different animal. This is within the State right-of-way. The City has maintained this road in the State right-of-way for many years as far as anyone can remember. The tricky thing is who owns the rights to the road and who is going to dictate the design requirements and maintenance responsibilities. At this point, the City is in concert with DelDOT to create a Memorandum of Understanding and they are negotiating that out right now. At this point in time, the City will provide guidance on the design parameters with the understanding that DelDOT can kind of oversee things and require this Traffic Study that we have been talking about at some level. He believes that once the developer meets with DelDOT and goes through the process of looking into this and how it’s going to impact the traffic, as Ms. Bulkilvish said, they will probably be some potential maintenance of traffic upgrades, but he doesn’t believe that the project cannot go forward. Mr. Hartman stated that it just looks like it would be very challenging with the space that they have there on Martin Luther King Jr. Boulevard and the cross traffic from Wawa, it would be very challenging to come up with a traffic flow pattern that would accommodate the heavy traffic in that area. Responding to Mr. Hartman, Mr. Lyon stated that his guess is that what is going to happen is coming onto Martin Luther King Jr. Boulevard as a right only and you won’t be able to go across the street into Wawa. But that is just his guess at this point; he can’t speak for DelDOT. Mr. Hartman stated that you will have people coming from the highway. Most of the customers will be coming from the highway and you will have cross traffic coming out of Wawa to get to the other side to get back to the highway. You are going to have people lined up on the left side of Martin Luther King Jr Boulevard waiting to make that left turn into their site. Responding to 6 9

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. Mr. Hartman, Mr. Lyon stated that he understands and it is certainly an issue. Mr. Hartman stated that with that concern and there is a neighborhood right there and there is existing business that could be impacted, he is not sure it’s fair to ask the Commission to make a decision without more information on the traffic for this site. Everything else looks great and he agrees with the sidewalk waiver. He thinks that it could be a great Car Wash but the traffic is the concern here and we simply don’t have enough information to make a decision to protect the surrounding neighbors. Mrs. Malone stated that she does agree with Mr. Hartman about the traffic issue. It reminds her a lot of what happened on Route 8 (for the Dunkin Donuts) and there were cars lined up all the way down Route 8 in the right-hand lane trying to get in there at the busiest time of the day when people were going to work. Thank goodness that they have moved now but when she first saw this application, that was the first thing that came to mind. The second thing, is this Car Wash all self-service? Will there be any employees? Responding to Mrs. Malone, Mr. Dowell stated that the tunnel itself is automated so it will be a conveyor that will direct your car through the tunnel. Then once you exit into the vacuum area, those vacuums are self-service and there will be three (3) employees on-site managing the flow of traffic and customers who need help, but they are not there to specifically do anything with cleaning. The cleaning is fully automated and then the vacuuming is self-service. Mrs. Welsh stated that she heard Ms. Bulkilvish say that the two-way entrance is for employees to come in and out. Are there any provisions to have signage of some sort to direct cars that are coming into the lane for the Car Wash not to use that? She can see someone coming in there and thinking that they are going to use the vacuums first and then go get in the Car Wash lane. It could be an issue with U-turns in that area. Responding to Mrs. Welsh, Ms. Gudorp stated that there will be a signage package, it is just not shown on this plan, to make it very clear where the entrance for the Car Wash lanes are. Mrs. Denney stated that she certainly agrees with Mr. Hartman and she thinks that there needs to be a little bit more information. Of course these are things that are more left up to DelDOT but she does think that there needs to be some more input with some regard to the ingress/egress situation. She also agrees that there is a Wawa there and it’s kind of complicated. She uses the Wawa from time to time for gas and she has seen more than one near collision and now we are going to have the same thing across the street. She is a little hesitant to agree with any of this until we have a little more information from DelDOT. The other thing that she is troubled by and everyone else seems to think it is okay she guesses is sidewalks. She is a believer in sidewalks. She happens to live on State Street and Dover seems to be a community where a lot of people walk and we have the parks. She really thinks there should be continuation of sidewalk. She thinks the sidewalk should be on Court Street because we certainly don’t want people who go so far down and have to cross over to reach sidewalk. Mr. Hartman stated that it is his understanding that the multi-use pathway can be connected to this business and Cowgill Street is a very narrow street and has no sidewalks. That’s where it fronts and there is a multi-use pathway there. Is that correct? Responding to Mr. Hartman, Ms. Bulkilvish stated that is correct. The multi-use path goes along Martin Luther King Jr. Boulevard 7 10

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. and then wraps around that kind of peninsula to go down South DuPont Highway. There is no sidewalk currently on Cowgill Street but the applicant is proposing connection from that multi- use path along Martin Luther King Jr. Boulevard to the site. There is also no sidewalk on the Court Street section on the same side of the street that the development is proposed as well. Ms. Gudorp asked if Planning Staff had the aerial exhibit that shows the reasoning behind the waiver. She thinks that would help to get a better picture of the sidewalk connectivity. The trail is lost on the black and white rendering. Responding to Ms. Gudorp (by showing an aerial map on screen), Ms. Bulkilvish stated that you can see the multi-use path does wrap around the corner at Martin Luther King Jr. Boulevard and South DuPont Highway. There is no sidewalk on either side of Court Street or Cowgill Street currently. Ms. Gudorp stated that they were just trying to figure out what made the most sense. You already have the trail around the whole perimeter and they thought that making this connection would help the people that wanted to walk over to the Car Wash. Mrs. Maucher asked if this was a 24 hours a day operation or what will the hours be. Responding to Mrs. Maucher, Mr. Dowell stated that typically the hours are either 7AM-7PM or 7AM-9PM Mrs. Maucher questioned how long it takes to get through the actual car wash? Is there any concern about backup on roadways to get in there and through the Car Wash? Responding to Mrs. Maucher, Mr. Dowell stated that it is roughly a 2.5 to 3 minute process from the entrance of the tunnel to the end. Mrs. Maucher asked if they knew how many cars in a line the site could hold without spilling back onto the roadway. Responding to Mrs. Maucher, Mr. Dowell stated that if you start at the cue from the entrance to the Car Wash, he is not sure that they have an exhibit that shows it, but he would think that there is a minimum of twenty (20) to twenty-five (25) cars. Mrs. Maucher asked if the lighting would be illuminated all night or dimmed down after closing. Responding to Mrs. Maucher, Mr. Dowell stated that after hours would be just enough for security purposes. They do not have any stores open currently in the State of Delaware but he has looked at stores that they are operating in Florida and the Carolinas. They typically run on Monday through Saturday 7AM-8PM and then on Sunday from 8AM-6PM. Mrs. Maucher stated that there were a number of recommendations from Staff regarding dumpsters, site access, sidewalks and the opaque barrier. Did you have any comments on those additional recommendations by Planning Staff? Responding to Mrs. Maucher, Ms. Gudorp stated that as Ms. Bulkilvish stated earlier, they are going to be reducing the drive aisle widths to twelve (12) feet so that they can allow more space for the growth of shrubs as well as the opaque fence barrier. That will be updated in their next plan. Regarding the dumpster location, the site is bounded by a twenty (20) foot front yard setback and a thirty (30) foot rear yard setback. As you can see, they don’t have much room to locate the dumpster properly. So, they have placed it here to try and fit it with the best access for the trash truck. Regarding the site access, the explanation of signage and the question on if people would be confused trying to enter the Car Wash to the pay station lanes versus that other entrance; so, they will be making sure that the signage is clear 8 11

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. so that there isn’t any confusion. Mr. Jarrett stated that they have gone through the process as it has been laid out and he doesn’t want anyone to think that they have tried to circumvent anything. They do plan on have the appropriate meeting with DelDOT. They thought that they were going through this process as it has been laid out before us. So, he just wanted to make sure that the Commission was aware that they were not trying to circumvent anything. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Malone moved to table application S-22-01 Caliber Car Wash at 280 Cowgill Street until we have a more defined traffic agreement between the City and State, seconded by Mrs. Denney; she agrees whole heartedly with the need for a traffic study in that particular area before she is willing to make any motions or movements on it. Ms. Bulkilvish asked if the Commission could give more information on a timeframe as she thought this was a long-term thing that was happening. Mr. Lyon stated that if you are waiting on the Memorandum of Understanding to be completed between the City and the State, that’s not going to tell you anything about the traffic. That is really just about long-term maintenance of the road and any sort of tradeoffs that they are doing with the State. It is nothing to do specifically with this project. He would advise that if you are going to make a motion, you would say that it be tabled until the traffic recommendations are brought forth from DelDOT. Mrs. Malone accepted the amendment to the motion and the motion was carried 6-0 by roll call vote with Mr. Cooper, Mr. Roach and Dr. Jones absent. Mrs. Malone voting yes; for reasons stated. Mrs. Denney voting yes; she does think that there is a significant amount of traffic there as well as pedestrian traffic. She thinks that they really need to hear from DelDOT specifically as to what they think about this. They have so much squeezed in there that they had a hard time finding a location for a trash dumpster. So, overall, maybe we shouldn’t be in such a hurry to just get this all sorted out with that traffic issue. Mr. Hartman voting yes; because of the concern of the impact to the adjacent business and the impact to the adjacent neighborhood and he doesn’t believe that they have enough information to make a decision. Speaking to Mr. Jarrett’s concerns about trying to circumvent the process; nobody thinks that. They just want the process to catch up with you and they hope that you have a successful project here. Mr. Baldwin voting yes; until they get enough information about the Traffic Impact Study. Mrs. Welsh voting yes; for all of the reasons previously stated. Mrs. Maucher voting yes; it will be interesting because she knows that Martin Luther King Jr. Boulevard is a main access road into the State Office Complex so she thinks that morning and afternoon traffic would be an issue that needs to be looked at. AX-22-01 – Lands of Ernestine F. Huff at 166 Mifflin Road – Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel of land totaling 25,000 SF located at 166 Mifflin Road, Dover. The property is currently zoned RS-1 9 12

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. (Residential Single Family Zone) in Kent County. The proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the west side of Mifflin Road approximately 300 ft south of Woodmill Drive. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Low Density. The owner is Ernestine F. Huff. Property Address: 166 Mifflin Road. Tax Parcel: ED-05-076.14-01-02.00-000. Proposed Council District 1. Ordinance #2022-01. The First Reading of this Annexation Request was completed on January 10, 2022. Public Hearing before the Planning Commission is scheduled for February 22, 2022 and a Public Hearing at City Council on March 14, 2022. Representatives: None Ms. Bulkilvish stated that this is an Annexation Application for 166 Mifflin Road for the Lands of Ernestine Huff. The property is about 0.75 acres or 25,000 SF. It is a small enclave on Mifflin Road. Slowly but surely we are gobbling these up. The property is currently zoned RS-1 (Residential Single Family Zone). The proposed zoning is R-8 (One Family Residence Zone). The back corner is also subject to the SWPOZ (Source Water Protection Overlay Zone). It is a Tier 3 – Excellent Recharge Area. The property is a Category 1: High Priority Annexation Area in our Comprehensive Plan. That means that it is an enclave and easily brought into the city limits. The proposed Land Use Designation in the Comprehensive Plan is Residential Low Density; therefore, the R-8 (One Family Residence Zone) is appropriate. The present use is a single family dwelling. The proposed use would also be that. Currently, the property is on septic and well water. This is the main reason why Mrs. Huff has requested the Annexation because she wishes to connect to the City sewer and water. The property is not served by the City’s Electric Department; however, it would be on the applicant to make contact with the City’s Electric Department if they were to chose to change that. We have also submitted the Plan of Services to the Office of State Planning Coordination; and they have, as of last Thursday, given us a letter of approval for our Plan of Services. Mrs. Malone questioned how many other parcels along Mifflin Road are still out of the city limits? Responding to Mrs. Malone, Ms. Bulkilvish stated that it is just a hand-full. Mrs. Melson-Williams stated that this property is one of the last ones that is in the middle of Mifflin Road. There are a number of properties still at the north end and then numerous properties towards the corner of Mifflin Road and North Street or Hazlettville Road. Mrs. Malone asked if they also want to hook into City electric or are they were really doing it for the water and sewer. Responding to Mrs. Malone, Mrs. Melson-Williams stated that she believes that most are seeking annexation related to sewer or water issues and predominately sewer. With the City’s Comprehensive Plan, if a property is in a Category 1 Annexation Area, it requires that they annex into the City of Dover in order to be provided with City water and sewer service. Mrs. Bulkilvish has an image up and it shows where the pink lines are (indicating properties not in the City). There is an area to the north of the small traffic circle that is there where lots are not in the city limits and then also down at the south end of Mifflin Road as you make that turn onto North Street/Hazlettville Road. 10 13

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. Mrs. Maucher opened a 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-22-01 Lands of Ernestine Huff at 166 Mifflin Road inclusive of the rezoning request (to R-8 with SWPOZ), seconded by Mrs. Malone and the motion was carried 6-0 with Mr. Cooper, Mr. Roach and Dr. Jones absent. Mrs. Welsh voting yes; it's definitely something that is needed for the City as evidence of the comments by the DAC and it is a good thing for both the City and the owner of the property. Mrs. Denney voting yes; obviously in what she has read since she was appointed, both the Comprehensive Plan and developmentally it is a High Priority Annexation Area. We have a homeowner who is willing to annex into the City and she thinks that for those reasons she agrees that we should vote for it. She has no issues with the R-8 (One Family Residence Zone). Mr. Hartman voting yes; the subject property is in the 2019 Comprehensive Plan as a Category 1: High Priority Annexation Area and the R-8 (One Family Residence Zone) is consistent with the surrounding areas. Mr. Baldwin voting yes; based on all of the reasons previously stated. Mrs. Malone voting yes; for reasons stated. Mrs. Maucher voting yes; for reasons previously stated. NEW BUSINESS Report on 2021 Applications Mrs. Melson-Williams stated that in the packet was a listing of all of the Applications for 2021 by application type. Last month Staff had given the Commission a summary of applications on their tally chart that showed across the board to all of their Boards and Commission and the administrative processes showing that there were 59 applications in calendar year 2021. This listing is applications by type so it goes through anything from Conditional Uses through Rezoning Applications. It also includes their Board of Adjustment and Historic District Commission applications. It gives the file number, the plan name, the location, some information about what they were proposing and then the action date for the Planning Commission or if it was a recommendation from the Planning Commission and then the City Council actions that transpired. Just because they are on this list, doesn’t mean that they are fully approved and ready to roll. Some of them have completed that Final Plan Approval process that occurs after Planning Commission and others are still working through that. She would be happy to answer any questions about a particular application type or application. Mr. Hartman stated that it was a great project and he thanks Planning Staff for providing it. Mrs. Melson-Williams stated that they do have a log book database that tracks these and this set of charts is made part of the City Department’s Annual Report which they are in the final steps of preparing for City Council. They have nice tables like this that date back a number of years. Since 1990, they have been assigning application file numbers and there is some semblance of a chart for each of the years since that point in time or a listing at least. 2020 Census Data 11 14

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. Mrs. Melson-Williams stated that the Planning Office happens to be one of the key departments working with demographics and population numbers. They help represent the City on the Delaware Population Consortium which releases its own annual population projections. Of course we are coming off of the 2020 Decennial Census so some of this information is pulled from that. And there will eventually be more and more information coming from that 2020 Census but they have some basic information here. Ms. Bulkilvish is our participant in the Population Consortium for the City and she has a little bit better sense of some of these population numbers since she put this together for us. Ms. Bulkilvish stated that like Mrs. Melson-Williams said, we are just coming off of the 2020 Decennial Census. We do only have some of the tables; its whatever was released with the redistricting data which they are also participating in currently. Basically, that gives us the breakdown of the total population by race, the number of voting people by race, as well as some housing information and some group quarters information which was new this year and was kind of interesting. She put a flyer together to show people that we did grow as a city. The 2010 population was recorded at 36,047 and the 2020 population as of April 1, 2020 was 39,403. What is not shown on here, which she found kind of fascinating, is that we kind of did a little flip in that the current majority of the population is black. In the 2010 Census, the majority of the population was white. With this new Census, there were more options to record race so there are options to record two or more races and up to six different races. As you can see by the population breakdown, this is actually data projected out to 2020 from the 2019 ACS that shows you the age breakdown. It is pretty even throughout male and female for each age group recorded until you get to the later years and then the women start outnumbering the men. Also from the 2019 ACS data, they estimated that the number of occupied housing units was 14,098. Of those, 48.31% were owner occupied and 51.69% were renter occupied. We are definitely a renter city; there are a lot of rental units out there. The percentage of the population that are 16 years and older that are in the labor force is 60%. That is a pretty interesting number and she thought that it would be a little higher but that is what it is. Mrs. Malone asked if she had any numbers on the owner occupied and renter occupied previously? Has that flipped also? She was kind of taken back by the number of rentals. Mrs. Maucher asked if the occupied housing inclusive of apartments or is that just single family? Responding to Mrs. Maucher, Ms. Bulkilvish stated that this is for all housing units so it could be apartments or single family. Mrs. Maucher asked if there was a breakdown between single family and multi-family? Responding to Mrs. Maucher, Ms. Bulkilvish stated that she doesn’t think there is. The answer to Mrs. Malone’s question, she could pull up some previous ACS data to see if there was a flip, but she just hasn’t done that before. Mrs. Melson-Williams stated that with housing units, you have to remember that an apartment unit or other multi-family building types, that they count as dwelling units. So within the City of Dover we have a significant number of multi-family type housing units citywide. We can certainly look to see if there is any kind of further breakdown based on unit type and details about that. 12 15

CITY OF DOVER PLANNING COMMISSION FEBRUARY 22, 2022 Item 1. Mrs. Maucher asked if base housing is considered City of Dover? Responding to Mrs. Maucher, Ms. Bulkilvish stated that the Base housing is in city limits of Dover. There is a lot of housing associated with the Air Base that is not in the City limits but we can count whatever is on Base. Unfortunately, 2020 was in the middle of a pandemic and the Air Force actually to thin out the population, sent people home and to other locations so it may not be the most accurate reporting of what a normal population looks like on the barracks. Mrs. Maucher stated that for the population for the labor force, is that like working years? Is it just 16 and older or is it 16 to 65? Responding to Mrs. Maucher, Ms. Bulkilvish stated that she thinks it is 16 to 65. Meeting adjourned at 8:44 PM. Sincerely, Kristen Mullaney Secretary 13 16

Item 2. The Institute for Public Administration presents Freedom of Information Act (FOIA) for Local Officials COURSE INSTRUCTOR Max Walton, Esq. Connolly Gallagher LLP. April 1, 2022 FOIA is always a tricky topic for local governments to navigate. It has become even more difficult as a result of the necessary changes to regular public meetings 10:00 a.m. to NOON during the COVID-19 pandemic. This session will shed light on what these recent changes to public meeting standards mean for local governments in Delaware VIA ZOOM MEETING and what your town should understand about them moving forward. Registration in advance is required. After registering, you will receive a Contact Sean O’Neill (oneill@udel.edu) with questions confirmation email with information about joining the meeting. about this event. This session qualifies for certificate credit in the $20 Registration Fee Certificate in Local Government Leadership. Register online www.bidenschool.udel.edu/ ipa/events/upcoming 17

Item 3. PETITION TO AMEND ZONING DISTRICT Review before the Planning Commission March 21, 2022 Review before the Historic District Commission March 24, 2022 Application: Lands of the State of Delaware at South Governors Avenue and West Water Street: Rezoning to H Zone Owner: State of Delaware Location: East side of South Governors Avenue between Bank Lane and W. Water Street Addresses & 411 S. Governors Avenue ED-05-077.09-03-37.00-000 Tax Parcels: 429 S. Governors Avenue ED-05-077.09-03-48.00-000 435 S. Governors Avenue ED-05-077.09-03-50.00-000 439 S. Governors Avenue/117 West Water Street ED-05-077.09-03-51.00-000 441 S. Governors Avenue ED-05-077.09-03-52.00-000 447 S. Governors Avenue ED-05-077.09-03-61.00-000 and an alley Size: 1.74 +/- acres Present Uses: Vacant lots, Vacant Residential and Commercial Buildings (proposed for demolition), and a Parking Lot Proposed Use: Future site of Family Court (Courthouse) 2019 Comprehensive Plan Designation –Land Use Category: Mixed Use Present Zoning: IO (Institutional and Office Zone SWPOZ (Source Water Protection Overlay Zone) Proposed Zoning: IO (Institutional and Office Zone SWPOZ (Source Water Protection Overlay Zone) H (Historic District Zone) Reason for Request: A Rezoning Application to adjust the boundary of the H (Historic District Zone) to include a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance of the lands for the new Kent County Family Courthouse project site. File Numbers: Z-22-01 and HI-22-02 Ordinance Number: 2022-02 18

Item 3. Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street DAC Report of March 9, 2022 Page 2 This Rezoning Application has been referred to the Historic District Commission as per Zoning Ordinance, Article 3 §21.4 and Article 10 §3.3 and to referred to the Planning Commission as per Zoning Ordinance, Article 10 §5. Each Commission is required to provide a Review Report to City Council. I. APPLICATION SUMMARY The Rezoning Application proposes to adjust the boundary of the H (Historic District Zone) to include a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance of the lands for the new Kent County Family Courthouse project site. The properties are zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The proposed zoning is IO (Institutional and Office Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H (Historic District Zone). The properties are located on the east side of South Governors Avenue between West Water Street and Bank Lane. The owner of record is the State of Delaware. Property Addresses: 411 S. Governors Avenue, 429 S. Governors Avenue, 435 S. Governors Avenue, 439 S. Governors Avenue/117 West Water Street, 441 S. Governors Avenue, and 447 S. Governors Avenue. Tax Parcels: ED-05-077.09-03- 37.00-000, ED-05-077.09-03-48.00-000, ED-05-077.09-03-50.00-000, ED-05-077.09-03-51.00- 000, ED-05-077.09-03-52.00-000, ED-05-077.09-03-61.00-000, and an alley. Existing Properties: The subject properties (six parcels) have frontage along South Governors Avenue on the east side of the block between West Water Street and Bank Lane. Several of the properties also have frontage on West Water Street. There is also an alley running north from West Water Street a distance of approximately 288 feet. This subject area is the remaining southwestern portion of the block bounded by South Governors Avenue, Bank Lane, The Green, South State Street, and West Water Street. There are three (3) buildings (two residential and one office building) and an accessory structure within the subject area that are proposed for demolition. These Demolition Permits were filed February 7, 2022 and are under review. The six parcels and alley are proposed for future lot consolidation with other land holdings of the State of Delaware to create the project site for the proposed Kent County Family Courthouse. The subject area is located within the boundaries of a National Register Historic District, specifically the Dover Green Historic District. The National Register of Historic Places nomination for the Dover Green Historic District was completed 1973-76 and amended in 1979 and 1984. This federal designation focuses on the area immediately around The Green and extends for several blocks to its south. The nomination recognizes “the significance of the evolution of Dover during the eighteenth and early nineteenth centuries.” Surrounding Land Uses The subject area lies within the urban street grid of Downtown Dover to the southwest of the historic Green. To its west across South Governors Avenue is a series of residential and commercial buildings zoned C-2A (Limited Central Commercial Zone); this area is not located within the H (Historic District Zone). Adjoining the area to the north in this block consists of several parking lot areas serving properties at 30 and 34 The Green along with a small one story commercial building at 401 S. Governors Avenue that is approved for demolition (under Demolition Permit #21-1036 and HI-21-05). This area is zoned IO (Institutional and Office Zone) and subject to the H (Historic District Zone). To the east of the subject area, are a series of 19

Item 3. Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street DAC Report of March 9, 2022 Page 3 properties fronting on The Green and others fronting on South State Street where the zoning is RGO (General Residence and Office Zone) and subject to the H (Historic District Zone). The buildings in that area include several residences and previous residential buildings now converted to office use. Directly adjacent is the Water Street parking lot which serves as public parking for the Kent County Courthouse (located one block to the east at 414 Federal Street/38 The Green) and other nearby State buildings. To the south across West Water Street, the block includes a commercial retail building zoned C-2 and a series of office buildings zoned either IO (Institutional and Office Zone) or RGO (General Residential and Office Zone). Only the property at the corner of West Water Street and South State Street is within the H (Historic District Zone) along this street frontage. II. COMPRENSIVE PLAN COMPLIANCE REVIEW In the 2019 Comprehensive Plan, Chapter 6 – Historic Preservation discusses the balancing of reservation efforts, historic resources, and development activity. The focus is on the character of an area in terms of architectural style, building form and placement, presentation of the streetscape and landscape features. See Chapter 6 and Maps 6-1A and 6-1B. The Plan presents goals fand recommendations or Historic Preservation; see excerpt below: Goal 1: Preserve and Protect Historic Resources Preserve and provide better protection for historic resources and landscapes including individual properties and historic districts to maintain community character, quality of life, and their continued use. Recommendation 1: Identification and Designation of the Dover Historic District Zone • Identify and study properties and areas for potential future local Historic District designation either as individual structures or as Historic District areas. • Evaluate properties of interest and concentrated areas of historic resources for local Historic District designation. • Evaluate for local Historic District designation those areas currently listed in and/or eligible for the National Register of Historic Places. • Evaluate proposed annexation areas for historic resources to address needs for preservation and protection. 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 Mixed Use, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-7. The goals 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 20

Item 3. Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street DAC Report of March 9, 2022 Page 4 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 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. 21

Item 3. Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street DAC Report of March 9, 2022 Page 5 The subject area is already zoned IO (Institutional and Office Zone) and is consistent with the Land Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019 Comprehensive Plan) specifies the zones that are compatible with the Mixed Use Land Use Category by identifying a number of zoning districts that allow for a mix of commercial, institutional, and residential uses. III. ZONING REVIEW IO (Institutional and Office Zone) The subject property is already zoned IO (Institutional and Office Zone); this zoning designation will remain in place. The description of the IO (Institutional and Office Zone) zoning district is provided in Article 3 §10 of the Zoning Ordinance. The provisions identify the allowable (permitted) uses and the related bulk standards for the IO zone. SWPOZ (Source Water Protection Overlay Zone) The property is located within the SWPOZ (Tier 3: Excellent Recharge Area) found in Article 3 Section 29.7 of the Zoning Ordinance. However, this project site is within the downtown redevelopment target area which is exempted from the SWPOZ requirements and restrictions as per Zoning Ordinance, Article 3 §29.79. H (Historic District Zone) The H (Historic District Zone) is described in Zoning Ordinance, Article 3 Section 21 with the following purpose statement: Article 3, Section 21. - Historic district (H). 21.1 Purpose. The purpose of this historic district regulation is to preserve and enhance that unique character and value of the old portion of Dover as an area of special charm and interest. It is particularly intended that the regulations prevent, in the historic district, any change of conditions that would be deemed to be a disfigurement or degradation of the present unique visual and architectural qualities of the district. The process to amend the boundaries of the historic district is referenced in Zoning Ordinance, Article 3 Section 21.4 and requires a report from the Historic District Commission to City Council. In addition, Zoning Ordinance, Article 10 Section 3.3 outlines more detailed review criteria for such amendment. Article 10, Section 3.3 Historic district amendments. 3.31 Historic district commission review required. Any motion or petition to amend, supplement, or repeal a historic district by the city council in accordance with section 5, Amendments, shall require a report by the historic district commission as set forth in article 3, subsection 21.4. 3.32 Review criteria for placing individual structures in a historic district. The historic district commission may recommend that an individual structure or property be placed in an existing contiguous historic district or be placed in a historic district specifically created for the property or structure upon considering the following criteria and factors: (A) Significant value as part of the historical, cultural, artistic, social, ethnic or other heritage of the nation, state or community; (B) Association with an important person or event in national, state, or local history. 22

Item 3. Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street DAC Report of March 9, 2022 Page 6 (C) Representative of the distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, craftsmanship, method of construction or use of indigenous material; (D) Notable work of a master builder, designer, architect, or artist whose individual genius has influenced an era; (E) The desire of the owner to have the property designated; (F) Increased potential of economic or community development. 3.33 Review criteria for amendments or creation of new historic districts. The historic district commission may recommend amendments to an existing historic district, recommend repeal of an existing historic district or recommend the creation of a new historic district upon considering the following criteria: (A) Any criteria listed in subsection 3.32. (B) Distinctive character or homogeneity of architectural design or dates of construction throughout the area. (C) Identifiable by clear and distinctive boundaries. (D) Repetition of distinguishing architectural or land use characteristics throughout the area. Also, since the request for rezoning is considered a “zoning map amendment,” the provisions of Zoning Ordinance, Article 10 Section 5 – Amendment also apply thus requiring a recommendation (Report) of the Planning Commission. Review of DESIGN STANDARDS AND GUIDELINES Should the subject area be so designated, location within the H (Historic District Zone) requires proposals for demolition, new construction, additions, and certain renovation or rehabilitation activities to receive an Architectural Review Certificate. As stated in the Design Standards and Guidelines for the City of Dover Historic District Zone, an Architectural Review Certificate will be granted “if it is found that the architectural style, general design, height, bulk and setbacks, arrangement location and materials affecting the exterior appearance are generally in harmony with neighboring structures and complementary to the traditional architectural standards of the historic district.” Zoning Ordinance, Article 10 §3.2 outlines the review process for Architectural Review Certification and related building height, bulk, and setback standards. IV. RECOMMENDATION OF THE PLANNING STAFF: This Request is to amend the boundaries of the existing H (Historic District Zone) to include this series of six parcels and the adjacent alley area at the northeast corner South Governors Avenue and West Water Street. The properties will remain in the IO (Institutional and Office Zone) zone and subject to the SWPOZ (Source Water Protection Overlay Zone). The H (Historic District Zone) looks to preserve and enhance the historic core of Dover and includes regulatory provisions to retain the area’s character and architectural qualities. The IO zone is a zoning district offering a mix of uses 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 23

Item 3. Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street DAC Report of March 9, 2022 Page 7 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. The SWPOZ has provisions to protect underground water resources. Staff recommends that the Rezoning be granted to H (Historic District Zone) as requested, as the proposed zoning is consistent with the 2019 Comprehensive Plan (as amended) for the goals for Historic Preservation allowing designation of historic districts to maintain community character. In addition, the Comprehensive Plan’s goals for the Mixed Use Land Use Classification in Dover’s historic core focus on recognition of its historic development patterns and the opportunities for redevelopment and revitalization with a variety of residential, commercial, office, cultural and institutional uses typically found in Downtown areas. In reviewing the criteria for designation in the H (Historic District Zone), this request was filed by the property owner to seek designation and the location has development potential as the identified project site for a new courthouse facility that will bring associated economic activities to the area and improvements as a community facility. The expansion of the H (Historic District Zone) to include the subject area (of six parcels and alley) will create a clearer, more distinctive boundary to the Historic District. With such zoning map amendment, the entire block would be in the Historic District with the streets of South Governors Avenue and West Water Street serving as the boundary rather than a meandering boundary line through the middle of the block. Given the subject area’s proximity to The Green, the Historic District designation offers increased protection to those historic resources on The Green and along South State Street and can regulate any new development in the area to be more compatible and complementary to existing historic buildings. It is noted that the S. Governors Avenue corridor is one of the main north-south roadways though the core of Downtown Dover where commercial and institutional type activities could be expected to serve the community. It is also in close proximity of the Capital Complex where courthouses and State office buildings are located within the H (Historic District Zone). The Design Standards and Guidelines of the Historic District Zone offer a design review process to balance the compatibility of new construction with surviving historic structures. The streetscape presence of any proposed building will be important as the area includes a range of transportation modes and opportunities (vehicle, transit, pedestrian, and bicycle). To support large scale development, 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 area of Downtown Dover was part of a 2011 charette study documented in the Dover Transit Center Neighborhood Plan and Design Book. The Study had a goal of providing a design and planning strategy to guide development of the neighborhood area surrounding the transit center (located two blocks to west of this subject area). The Study identified the corner of S. Governors Avenue and West Water Street as an opportunity for a gateway element such as a pocket park, streetscape improvements to enhance the pedestrian experience, and an infill/redevelopment project. This Rezoning Request for H (Historic District Zone) designation does not grant approval of a specific use for the property but makes its development subject to Architectural Review Certification for the entire project site. (Currently, only portions of the project site are within the 24

Item 3. Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street DAC Report of March 9, 2022 Page 8 Historic District Zone). The land uses of the properties remain subject to the listing of uses permitted and potential conditional uses as allowed in the IO zoning district. Any potential development for the site would have to comply with the zoning classifications and follow all development design requirements of the Zoning Ordinance. Were the Application for Rezoning to be recommended by the Planning Commission and the Historic District 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. 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 those comments given 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 and required Boards and Commissions review 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 should be aware of the potential for historic archaeological resources which may include previous building locations, wells, privies, etc. on the property. The State Division of Historical & Cultural Affairs can provide technical assistance when dealing with archaeological resources including previous studies at the subject location. 3) Additional specialized evaluation and review of this area may be necessary due to the environment contamination in this area and/or the site’s participation in any environmental remediation program. 4) 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. 5) The applicant shall be aware that any future use 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. 25

Item 3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 2, 2022 APPLICATION: Lands of State of Delaware at South Governors Avenue and West Water Street FILE #: Z-22-01 REVIEWING AGENCY: City of Dover Department of Public Works and 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 SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. Our office has no objections to the proposed rezoning of tax parcel ED-05-077.09-03-37.00, ED-05-077.09-03-48.00-000, ED-05- 077.09-03-50.00-000, ED05-077.09-03-51.00-000, ED-05-077.09-03-52.00-000, ED05-077.09-03-61.00-000 and alley. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works Construction. Impact fees will be applied to this property. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT SANITATION / STREETS / STORMWATER / 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 . 26

Item 3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 2, 2022 APPLICATION: Lands of the State of Delaware at South Governors Ave and West Water Street FILE #: Z-22-01 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@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: ED-05-077.09-03-37.00-000, ED-05-077.09-03-48.00-000, ED-05-077.09- 03-50.00-000, ED-05-077.09-03-51.00-000, ED-05-077.09-03-52.00-000, ED-05-077.09-03-61.00-000, and an alley. 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 . 27

C F Z-22-01 Item 3. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 03/02/22 D S O H V A E L R APPLICATION: Lands of the State of Delaware at South Governors Ave and West Water St FILE #: Z-22-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is a rezoning request. This office has no objections. 2. Project to be completed per approved Site Plan. 3. Construction or renovations cannot be started until building plans are approved. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: N/A 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. 28

Item 3. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of the State of Delaware at South Governors Avenue and West Water Street FILE#: Z-22-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Ryan Schroder PHONE#: (302) 760-2674 =============================================================== 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 rezoning of the parcel(s). 29

KENT CONSERVATION DISTRICT Item 3. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY MARCH 2022 APPLICATION: Lands of the State of Delaware at South Governors Avenue and West Water Street FILE #: Z-22-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE: (302) 608 – 5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the proposed rezoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than 5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by the Kent Conversation District prior to the commencement of disturbance. 30

Item 3. B CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: Organization APPLICATION: Lands of the State of Delaware at South Governors Avenue and West Water Street FILE #: Z-22-01 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: James Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 3/22/2022 Project Review Z-22-01 Lands of the State of Delaware at South Governors Avenue and West Water Street The Dover/Kent County Metropolitan Planning Organization (MPO) typically does not comment on rezoning applications and there are no comments on the advisability of the application presented here. We wanted to take the opportunity to let the State of Delaware, as the applicant, know about the planning efforts that have been undertaken by the MPO in this neighborhood. In 2010, the MPO requested the assistance of two consultants to envision and document a future redevelopment of this neighborhood after the investment in the Dover Transit Center on Water Street. The Plan built on the best elements of the built environment of the existing neighborhood (BayHealth, the Prison, the Subsidized housing, Becker Morgan Group’s investment, etc.) and projected how a complementary future might look, including new buildings and uses. The intersection of Governor’s Ave and Water Street is the center of the neighborhood and was projected to have a small, landscaped island and a significant building (a hotel in the plan) located there. The proposal to build a new Family Court building/complex on this site meets that preferred future creating a showcase to anchor a redeveloped neighborhood. The plan is on the MPO’s website at https://doverkentmpo.delaware.gov/projects/ as a 2010 project entitled “Dover Transit Center Neighborhood Plan”. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 31

City of Dover Application No.: Z-22-01, HI-22-02 Item 3. Department of Planning & Inspections C-2 RGO IO h St W N o rt C-2 IO RGO ROS e en ROS The Gr IO C-2A k Ln Ban RGO RGO t ate S S St IO ve rs A verno S Go C-2A gu Shot IO ter St E Wa C-2A n Aly St ater WW w St RGO S Ne C-2A C-2A IO IO IO Tile: Lands of State of Delaware Ordinance #: 2022-02 Legend Addresses: Corner of S. Governors Ave. and W. Water St. Parcel IDs: ED-05-077.09-03-37.00-000, 48.00, 50.00, 51.00, Historic District Expansion 52.00, 61.00, and alley. Dover Boundary Existing Zoning: IO Institutional and Office Zone SWPOZ Source Water Protection Overlay Zone Zoning Proposed Zoning: IO and subject to H Historic District Zone Dover Parcels SWPOZ Source Water Protection Overlay Zone Owner: State of Delaware Historic District Date: 0 100 2/22/2022 200 400 Feet « SWPOZ Tier 3 32

Item 3. Architecture Planning Interiors Two Mill Road, Suite 210 Wilmington, DE 19806 302.984.1400 20004.1 February 3, 2022 Dawn Melson-Williams, AICP Interim City Planner/Building Inspector Principal Planner City of Dover Department of Planning & Inspections 15 Loockerman Plaza Dover, DE 19901 Subject: New Kent County Family Court City of Dover Historic District Boundary Expansion Dear Ms. Melson-Williams, The State of Delaware is requesting to adjust the boundary of the Historic District to include the balance of the parcels for the new Kent County Family Courthouse site. Project History Since 2006 numerous studies have identified the need for a Family Court expansion in Kent County. The Tevebaugh Architecture team was engaged in an expansion feasibility study in 2014 with the State of Delaware and Family Court. The study included a space program, visioning session, site selection, concept plans and a conceptual estimate. The study determined that keeping the Family Court downtown on a site that was consistent with the comprehensive plan would be most beneficial for the City of Dover and Family Court. After the plan was published, the State of Delaware began acquiring individual parcels to create this combined site at the NE corner of Governors Avenue and Water Street. In 2021 the City of Dover rezoned parcels within this combined site to Institutional Use I-O. The rezoning aligned the courthouse occupancy to be consistent with the comprehensive plan. This combined site is currently split zoned with the boundary of the Historic District. The State of Delaware is requesting to adjust the boundary of the Historic District to include the balance of the parcels of the new Kent County Family Courthouse site. Ownership of the site The State of Delaware has been purchasing each of the parcels that they did not previously own to assemble this site. The last of the ownership transactions is currently taking place with the owners of #30 The Green and #34 The Green for the western portion of their parcels. The sales agreements have been signed by all parties and settlement for the parcels is expected to be scheduled within weeks. These privately owned parcels which are being acquired by the State are currently within the Historic District. The State of Delaware is requesting the following parcels which they own, to be entered into the Historic District. 33

Item 3. Parcels requested to be included in the Historic District. 2-05-077.0-03-37.00-00001 2-05-077.0-03-48.00-00001 2-05-077.0-03-50.00-00001 2-05-077.0-03-51.00-00001 2-05-077.0-03-52.00-00001 2-05-077.0-03-61.00-00001 The Council of the City of Dover previously agreed to the transfer the ownership of the alley that enters the new Kent County Family Court site from Water Street to the State of Delaware. The State of Delaware’s legal counsel is currently working with the City Solicitor to finalize the transaction agreement. The existing alley will become part of the consolidated parcel once the real estate transactions noted above are complete. The State of Delaware is requesting that the current alley also be included in the Historic District with this boundary adjustment. City Code Criteria for adjusting the boundary of the Historic District 3.32 C. This new consolidated parcel contains portions of parcels #30 The Green and #34 The Green which are currently in the Historic District and have significant historic structures fronting The Green. The courthouse project will be subdividing these two parcels to create the new combined courthouse parcel yet the relationship and proximity to these historic structures and The Green remains the same. 3.33 A. / 3.32 E. The State of Delaware is requesting to have the entire combined site within one zoning area. 3.33 A. / 3.32 F. Relocating the Kent County Family Court to this site will increase the economic development and civic infrastructure in this area of the City of Dover and the Historic District. 3.33 C. The courthouse project will adjoin the multiple parcels of the site including the ones that are currently in the Historic District. The current Historic District boundary subdivides the combined parcel. Adjusting the Historic District boundary will create a clear identifiable and distinctive boundary around the perimeter of the consolidated Kent County Family Court parcel and have the Historic District boundary align with the I-O zoning boundary. Summary of Rezoning Request The State of Delaware is requesting to adjust the boundary of the Historic District to include the balance of the parcels for the new Kent County Family Courthouse site. Very Truly Yours, William J. Lenihan, AIA Owner, Principal 34

Item 3. OFFICES IN DELAWARE, MARYLAND, WEB: HTTP://DUFFNET.COM ASSOCIATES Soil, Water & the Environment SITE DATA: DUFFIELD 5400 LIMESTONE ROAD 1. LEGAL OWNER/ THE STATE OF DELAWARE DEVELOPER: ATTN: JENNIFER COVERDALE 540 S DUPONT HIGHWAY STE 1 DOVER, DE 19901 x PHONE (302) 739-6148 FAX (302) 739-3037 WILMINGTON, DE 19808-1232 EMAIL: JENNIFER.COVERDALE@DELAWARE.GOV 2. TAX PARCEL NOS: ED05-077.09-03-37.00 ED05-077.09-03-48.00 ED05-077.09-03-50.00 ED05-077.09-03-51.00 ED05-077.09-03-52.00 ED05-077.09-03-61.00 PENNSYLVANIA AND NEW JERSEY E-MAIL: DUFFIELD@DUFFNET.COM 3. SITE ADDRESS: 411 GOVERNORS AVE 429 GOVERNORS AVE 435 S GOVERNORS AVE 439 S GOVERNORS AVE 441 S GOVERNORS AVE 447 S GOVERNORS AVE TEL. 302.239.6634 4. EXISTING ZONING: IO IO IO IO IO IO 5. PROPOSED ZONING: IO, H IO, H IO, H IO, H IO, H IO, H FAX 302.239.8485 LEGEND RIGHT-OF-WAY LINE PROPERTY LINE ADJACENT PROPERTY LINE EX-Rezoning-12598CE GOVERNMENTAL BOUNDARY LINE BENCHMARK CHECKED BY: CONCRETE MONUMENT FOUND FILE NAME: CAPPED REBAR FOUND IRON PIPE FOUND BUILDINGS x x FENCES KJT SIGNS BOLLARDS DESIGNED BY: CURB DRAWN BY: ON-SITE STRIPING OFF-SITE SOLID STRIPING OFF-SITE BROKEN STRIPING OFF-SITE DASHED STRIPING ELECTRIC POLE PARCELS TO BE REZONED AR AR TO HISTORIC DISTRICT CHK'D BY DATE x x x x x x x x x REVISION PARCELS TO BE REZONED TO H (HISTORIC DISTRICT) No. - - x 540 S DUPONT HIGHWAY OWNER: STATE OF DELAWARE DOVER, DE 19901 x x x x x PLAN TO ACCOMPANY REZONING APPLICATION x x x x x 101 WEST WATER STREET x x CITY OF DOVER ~ KENT COUNTY ~ DELAWARE x x x x x x x x x x x x x x x ∆=41°41'33"' L=21.10' R=29.00' DATE: FEBRUARY 4, 2022 SCALE: 1" = 30' 30' 0 30' 60' PROJECT NO. 12598.CE DRAWING SCALE 1" = 30' SHEET: 1 OF 1 35

Item 4. City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 9, 2022 PLANNING COMMISSION MEETING OF March 21, 2022 Plan Title: Frito Lay Exchange Center, S-22-02 Plan Type: Site Development Plan, Subdivision Plan Location: North side of Lafferty Lane a quarter mile west of Horsepond Road Tax Map #: ED-05-077.16-02-05.00-000 Owner/Applicant: Devreco, LLC Site Area: 22.86 acres +/- (995,996.38 SF) Area of Proposed Lots: Lot 1: 19.74 acres +/- (880,045.42 SF) Lot 2: 2.99 acres +/- (130,579.33 SF) Zoning: M (Manufacturing Zone) AEOZ (Airport Environs Overlay Zone) APZ I & II (Accident Potential Zone I & II) Noise Zone A Proposed Use: Warehouse Building Area: 7,884 SF Off Street Parking: Required – 10 spaces Proposed – 21 spaces Sewer & Water: City of Dover For Consideration: Performance Standards Review Application Waiver Request: Partial Elimination of Upright Curbing P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 36

Item 4. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 9, 2022 APPLICATION: Frito Lay Exchange Center at Lafferty Lane FILE #: S-22-02 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Samantha Bulkilvish, AICP PHONE: 302-736-7196 I. PLAN SUMMARY This application is for review of a Site Development Plan Application to permit the construction of a Warehouse Building of 7,884 SF, a parking area, and associated site improvements. The property is zoned M (Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone): Accident Potential Zones I & II (APZ I & II) and Noise Zone A. The property consists of 22.86 acres but is being subdivided into two (2) lots. Lot 1 is to measure 19.74 acres and Lot 2, where the development is proposed, is to measure 2.99 acres. The property is located on the north side of Lafferty Lane about one quarter mile west of Horsepond Road. The owner of record is Devreco, LLC. Property Address: Unaddressed parcel on Lafferty Lane. Tax Parcel Number: ED-05-077.16-02-05.00-000. II. PROJECT DESCRIPTION The subject property is located to the north of Lafferty Lane about one quarter mile west of Horsepond Road. The property is currently open agricultural land with a large, wooded area at the rear (north) and along the majority of the western property boundary. The overall property is subject to a Minor Subdivision to subdivide the property into two (2) lots. The Plan proposes construction of one 7,884 SF warehouse building on a 2.99-acre lot carved out of the southeast corner of the overall property. The use of a warehouse, more explicitly an exchange center has been identified. At the rear of the warehouse building is a fenced in parking lot meant for the delivery drivers to pick up their delivery trucks and leave their personal vehicles during their shifts. Along the western side of the building there are eight loading docks. Neighboring properties along Lafferty Lane are also zoned M (Manufacturing Zone) except for two small residential properties at the southwest corner of the property that are zoned R-20 (One Family Residence Zone). The property immediately to the east is developed with an office building and two (2) warehouse type buildings (Contractor George & Lynch). The property across Lafferty Lane is developed with four multi-tenant warehouse type buildings along Cassidy Drive known as Cassidy Commons. To the north of the property is State Route 1 and the Puncheon Run Connector. The project site is north of Dover Air Force Base. 37

Item 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane Final DAC Report of March 9, 2022 Page 2 III. ZONING REVIEW M (Manufacturing Zone) The application is a Site Development Plan for the proposed construction of a 7,884 SF warehouse. The provisions of the M Zone were revised with the adoption of Ordinance #2021-19 on November 8, 2021. Wholesale storage and warehousing buildings, transshipment and distribution, and logistics support in the M Zone are Permitted Uses upon approval by the Planning Commission. Any building exceeding 5,000 SF requires site development plan approval from the Planning Commission. See excerpt of Zoning Ordinance, Article 3 Section 19. Article 3 Section 19.1 Manufacturing zone (M) 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following and in accordance with performance standards procedure as set forth in article 5, section 8 and subject to the site development plan approval as set forth in article 10, section 2: 19.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or any other type of manufacturing or industrial processing of any goods, materials, products, instruments, appliances and devices, provided that the fuel used shall be oil, gas or electricity; together with accessory uses incidental to the use. 19.12 Research, design and development laboratories. 19.13 Wholesale storage and warehousing, transshipment and distribution, logistics support. 19.14 Building contractors' yards. 19.15 Public utilities uses. 19.16 Ministorage facilities, subject to the following regulations: (a) No unit shall be placed within 30 feet of any other structure on the lot or a residential property line. (b) No outside storage, except for recreational vehicles, boats or personal automobiles when completely screened from view and parked in specifically approved locations. Parking for these vehicles shall not count toward the required parking set forth in subsection (e) below. (c) No individual unit may be used for retail, garage sale or any other commercial activities. (d) No storage of flammable, explosive, corrosive or other hazardous products may occur in the individual unit. (e) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum of three spaces for an office outside of the enclosure. One row of parallel parking is permitted between buildings at a ratio of one space per 25 feet. (f) All other bulk requirements of this ordinance are met. AEOZ (Airport Environs Overlay Zone) The application is subject to the AEOZ (Airport Environs Overlay Zone): Noise Zone A and APZ I & APZ II (Accident Potential Zone I & II) whose requirements may be found in the Zoning Ordinance, Article 3 Section 22. Article 3 Section 22.6 provides a Land Use Compatibility Table that specifically lays out permitted as well as restricted uses within the various Airport Environs Overlay Zones. Approximately 58,000 SF of the southeast corner of the site is located within Noise Zone A (65dB-69dB). Approximately a third of the site is within 38

Item 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane Final DAC Report of March 9, 2022 Page 3 Accident Potential Zone I (APZ I) and another third is located in Accident Potential Zone II (APZ II). The use as a warehouse in the APZ I is permitted; however, other uses may not be allowed. The Noise Zone A may require an interior noise level reduction of twenty-five (25) decibels or more in construction of the building. The proposed land use must comply with the permitted uses of the M (Manufacturing) Zoning District (Article 3 §19) and the Land Use Compatibility Table of the AEOZ (Article 3 §22.6). The application meets the requirements of the M Zone for the proposed use for Lot 2. However, any future development of Lot 1 must be reviewed through a Site Development Plan Application process for compliance with the M Zone and the AEOZ Land Use Compatibility Table. IV. PARKING SUMMARY The parking requirement for most uses in the M (Manufacturing Zone) is based on a rate of one parking space per 800 square feet of floor area or one parking space per employee, per largest working shift (if greater than the requirement under the floor area calculation). Based on a total floor area of 7,884 SF the facility would require 10 parking spaces. The plan notes a total of 21 parking spaces. Eleven (11) of the spaces are larger in size to accommodate the delivery vehicles that will be parked here overnight. The parking area will be paved with asphalt. Loading Berths Article 6 Section 4.2 of the Zoning Ordinance states that for manufacturing, wholesale, or storage uses in the M or IPM zone, and for buildings in excess of 150,000 square feet in any zone, sufficient off-street loading berths shall be provided. Staff will determine the sufficiency of the loading berths after reviewing written documentation from the applicant through the site plan review process. The proposed warehouse building shows eight (8) loading berths along the entire western side of the building. The entrance to the property and the area in front of the loading docks will be paved with concrete. Bicycle Parking Bicycle parking shall be provided for parking spaces at a rate of one (1) bicycle parking space for every twenty (20) parking spaces. Based on the 21 parking spaces provided, two (2) bicycle spaces are required. The Plans submitted do not note the location of Bicycle Parking spaces. V. SITE CONSIDERATIONS Access The property is accessed off of Lafferty Lane with one point of access. A cross access stub is shown on the plans for future development of Lot 1 to the west. Since Lafferty Lane is a State maintained road, Entrance Plan approval is required from DelDOT. Lighting Lighting of parking areas is required. The plan does show the location of a light pole at the northern corner of the parking lot as well as near the southern corner of the parking lot behind the dumpster pad. The location of any building mounted lighting near the parking lot area has not been shown. 39

Item 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane Final DAC Report of March 9, 2022 Page 4 Dumpsters Industrial/warehousing buildings require two (2) dumpster pad for the first 80,000 S.F. of building area and one (1) for each additional 40,000 S.F. of building area or a fraction thereof. Based on this calculation, one (1) Dumpster is required for the warehouse building. The method of private trash collection and Dumpster Pads need to be identified on the plan. Dumpster enclosure details on the plan shows that the Dumpster enclosures will be constructed of wooden privacy fence panels and have a chain link fence gate with vinyl slats in a color to match the proposed building. Sidewalks Sidewalk is required along all street frontages. Sidewalk appears to be proposed along Lafferty Lane including a connection to the existing sidewalk along the frontage of the property to the east. The Plan has one connecting sidewalk leading into the site from the street frontage pathway. There are also sidewalk connections from the parking area to the building as well as from the loading area at the front and rear of the building. Waiver Request: Partial Elimination of Upright Curbing The parking areas and access drives are required to be curbed with 6 inch upright curbing (Zoning Ordinance, Article 6 §3.6). Curbing appears to be provided throughout the site. There are several areas where curb has been eliminated for stormwater management. There is also an area shown for a drive aisle cross access that does not have curbing. A temporary curb or jersey barrier is recommended to prevent people from driving on to the neighboring lot. VI. BUILDING ARCHITECTURE The proposed building is to be constructed with metal walls with a stucco embossed texture finish, a low-pitched asphalt shingled roof, and metal canopies over the four standard doors to the building. The loading space side of the building shows eight (8) over head doors with Rite-Hite dock shelters and 12-inch dock bumpers at each loading dock door. Zoning Ordinance, Article 5 Section 19 describes building and architectural design guidelines not reflected in the building elevations. Large expanses of blank walls should be avoided, especially along walls that face the street frontage. VII. TREE PLANTING AND LANDSCAPE PLAN Tree Planting Requirements The Zoning Ordinance further requires a tree planting/landscape plan at a rate of one tree per 3,000 SF of development area. The 2.99 acre (130,579.33 SF) lot to be developed would require a tree planting of 44 trees. The Plan notes three (3) ornamental trees (crape myrtles) and ten (10) other plantings (rose bushes) being provided. The trees are located at the front of the property near the street frontage. The Plans shows a deficit of 41 trees. VIII. PERFORMANCE STANDARDS REVIEW Uses in the M Zone are subject to the Performance Standards Procedure set forth in the Zoning Ordinance, Article 5, Section 8.1 and 8.2 and referenced sections. Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall be used or occupied in any manner so as to cause any one or more of the following conditions to exist and to be dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such a manner or in such amount as to adversely affect the reasonable use of the 40

Item 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane Final DAC Report of March 9, 2022 Page 5 surrounding area or adjoining premises: Fire, explosive or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or electromagnetic disturbance; glare, liquid or solid refuse or waste; traffic congestion causing roadways or intersections in the surrounding highway network to fall below acceptable levels of comfort and convenience; or other substance, condition or element (referred to hereinafter as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence. The project’s compliance with a series of performance standards for the “dangerous and objectionable elements” must be considered by the Planning Commission. The “dangerous and objectionable elements” are as follows: • Fire and explosion hazards (activities with and storage of) • Radioactivity or electromagnetic disturbance • Noise (sound pressure level) • Vibration • Smoke • Odors (Odorous gases or odorous matter) • Fly ash, dust, fumes, vapors, gases and other forms of air pollution • Glare (from lighting or high temperature processes) • Liquid or solid wastes • Traffic congestion (Level of Service E) The project cannot cause the above conditions to exist so that they adversely affect the surrounding areas or adjoining properties. The specific limits of each performance standard are described in the Zoning Ordinance. Where the performance standards conflict with regulations established by other state or local agencies such as the Delaware Department of Natural Resources and Environmental Control (DNREC), the more restrictive regulations apply. As part of this procedure, a Performance Standard Review Application is required to accompany this Plan submission for review and approval. The Applicant has submitted a Performance Standard Review Application Letter indicating how the proposed development would restrict the emission of dangerous and objectionable elements detailed in Article 5, Section 8.5. IX. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with the agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) A Performance Standard Review Application is required to accompany this Plan submission for review and approval by the Planning Commission. The applicant has submitted a Performance Standard Review Application Letter to the Planning Office indicating how the proposed development would restrict the emission of dangerous and objectionable elements detailed in Zoning Ordinance, Article 5, Section 8.5. 41

Item 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane Final DAC Report of March 9, 2022 Page 6 2) Waiver Request: Partial Elimination of Upright Curbing – In accordance with subsection 2.26 related to drainage systems, the City Planner grants approval of the request to eliminate portions of the upright curbing noting the proposed stormwater management design to allow for sheet flow of water into the system. Other areas will provide the 6 inch upright curb. 3) Cover Sheet PL-01: a) Site Data Column: i) List AEOZ (APZ I & II and Noise Zone A). ii) Item #11 add City of Dover prior to Public Works. iii) Item #14 change Kent County to City of Dover. iv) Include information on solid waste removal (City or Private?) v) List required setbacks and other bulk standards for the M (Manufacturing Zone). b) Parking Summary: i) Change the number of required spaces from 20 to 10. ii) Include the number of required and proposed bicycle parking spaces. c) Overall Plan Layout: i) Show the other residential property adjacent to the Lands of Doris Summer. ii) Change the zoning of the Lands of Doris Summer from Manufacturing to R-20 (One Family Residence Zone). iii) Increase the setback for the lands of Devreco, LLC that is adjacent to the residential lots from 20 ft. to 50 ft. Do this on all subsequent pages where it is shown as well. d) In the Land Use Summary next to Proposed Impervious put Lot 2 in parenthesis. 4) Site/Utility/Landscaping, Sheet-3: a) Include the dimensions of the parking spaces closest to the building. b) The fence around the parking area is labeled at 9’ in height. The maximum fence height permitted is 8’ unless it meets setbacks. c) Show the location of proposed bicycle parking and detail of parking system rack. d) Landscape Plan: i) The Landscape Plan must be prepared by a licensed Landscaped Architect, architect, or Delaware certified nursery professional. ii) The site requires landscaping of 1 tree per every 3,000 SF of Development Area. The development area of Lot 2 at 2.99 acres requires a minimum of 44 trees. The plans currently show three trees. Please refer to Zoning Ordinance, Article 5 Section 16 regarding the tree planting requirements. iii) Include a note that all trees are to be guaranteed for at least one year. iv) Include a note that trees must not be planted any closer than 10 feet from underground utilities. v) Include the tree count for each tree species in the landscaping legend. 5) Record Plan: a) Change the zoning for the Lands of Doris Summer from Manufacturing to R-20 (One Family Residence Zone). b) Increase the setback at the southern corner of proposed Lot 1 where it is adjacent to the residential district from 20 ft. to 50 ft. c) Update the Site Data Column: 42

Item 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane Final DAC Report of March 9, 2022 Page 7 i) List AEOZ (APZ I & II and Noise Zone A). ii) Item #11 add City of Dover prior to Public Works. iii) Item #14 change Kent County to City of Dover. iv) List required setbacks and other bulk standards of the Manufacturing Zone. d) Under the Land Use Summary put Lot 2 in parenthesis behind Proposed Impervious. e) Under Notes: i) Item #4 change Kent County to the City of Dover. ii) Item #12 the maximum height of the M Zone was increased to 60 ft. with the adoption of Ordinance #2021-19. X. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Consideration of Performance Standards Review Application: Planning Staff recommends approval of the Performance Standards Review, believing it sufficiently demonstrates the intent to comply with the restrictions as provided in Zoning Ordinance, Article 5 Section 8.1 and 8.2. The type of use activity as described in the Performance Standards Review Application provided by the applicant does not appear to negatively impact neighboring properties. 2) Land Use Compliance: The use of the warehouse building is subject to compliance with the allowable uses of the M (Manufacturing Zone) and the AEOZ (Airport Environs Overlay Zone) Land Use Compatibility Table. Any use or further development of Lot 1 would also have to be in compliance with these Zoning Districts and be subject to a Site Development Application Review and Public Hearing in front of the Planning Commission. 3) Proposed Cross Access to Lot 1: Staff recommends maintaining the proposed drive aisle (cross access) shown to Lot 1 and for it to be used during any future development of Lot 1. The entrance to Lot 2 off of Lafferty Lane should be adequately designed to accommodate future expanded use. 4) Building and Architectural Design: Zoning Ordinance, Article 5 Section 19 describes building and architectural design guidelines not reflected in the building elevations. Large expanses of blank walls should be avoided. The elevation facing Lafferty Lane is a large expanse of blank wall with only two doors that could be improved by the addition of some windows. The square windows used along the other wall for the conference room could be wrapped around to the front of the building. Some of the transom type windows shown above the overhead doors on the opposite side of the building from the conference room could also be added to the front of the building facing Lafferty Lane. 43

Item 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane Final DAC Report of March 9, 2022 Page 8 XI. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the request for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) In the event, that major changes and revisions to the Site Development Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. Examples include relocation of site components like paving and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the Plan. 3) Following Planning Commission approval of the Site Development Plan and Record Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and the other commenting agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement (Final Plan Approval). The Record Plan must be recorded at the Kent County Recorder of Deeds and a copy returned to the Planning Office prior to Final Site Plan approval. 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 5) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 6) The applicant shall be aware that Site Development Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 7) In the event that there are changes to the architecture, building footprint, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 8) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 9) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it 44

Item 4. S-22-02 Frito Lay Exchange Center at Lafferty Lane Final DAC Report of March 9, 2022 Page 9 convey permission to place any sign on the premises. Any proposed site or building identification sign may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance Article 5 §4. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 45

t e( 4 Item 4. 52SRVERSIDEDRNry SALISBURY, MD 2180I d" PHOI\IE, 410-749J423 FA)C 4t0-749-t012 "{.5, soct W}WY.PARKERA,NDASSOC IATLS.ORG I^_C. LAND SURVEYINC CTWL ENGINEERING o LAND PLANNING FORESTRY SERVICEI March 3,2022 City of Dover Delaware Office of Planning and lnspections 15 LoockermatPlaza Dover, De 19901 Re: Frito Lay Exchange Center Performance Standards Narrative Dear Mrs. Bulkilvish, On behalf of Devreco LLC, the developer for the above referenced project located in Zone M subject to the performance standards stated within Article 5 Section 8. Please find below the performance standards for this project. The project is a distribution center for pre-manufactured Frito-Lay products. There will not be any dangerous and objectionable elements within the use of this building. There will be delivery and pick up of the products via delivery vehicles. The building itself will not be over 30ft high and will not have any explosive or flammable material. No activities on the property will have and radioactivity or electromagnetic disturbance of any kind. The noise from the warehouse will be no more than ioading and unloading of products within the working hours of 6am-5pm. There will be no vibrations, smoke, odors, air pollution, glare, or waste emitting from the building. Working with DEL Dot we will be adding a left turn lane and widening the road at the entrance point to prevent any add congestion to Lafferfy Lane. Pursuant to the Performance Standards listed within Article 5 Section 8, we are confident this project is well within the acceptable uses of the Standards. Sincerely -:" Michael Vitak, CCR PARKER & ASSOCIATES, lnc. 528 RIVERSIDE DRIVE, SALISBURY, MARYLAND 2AAOL PHONE: $tA) 7 49-aO23 FAX: $1:A) 7 49-tAL2 E-MAI L: mi ke@parkerandassociates.org 46

&K q a Item 4. S2SRTVIRSIDE DRME SALISBURY, MD 21801 q" PIIONE: 410-749-1025 '{.5' soct rAlL 410-749-1012 W \WY.PARKERANDASSOC IATTS.ORG lNC. LAND SURVEYING CTWL ENGINEERING o LAND PLANNING FORESTRY SER\rTCEI March 3,2022 City of Dover Delaware Office of Planning and Inspections 15 LoockermanPlaza Dover, De 19901 Re: Frito Lay Exchange Center Waiver Request for Curbing Dear Mrs. Bulkilvish, On behalf of Devreco LLC, the developer for the above referenced project we respectfully request a waiver for the use of curb for part of the project. As you will see in the plans provided, we have provided curbing in most of the areas. However, there are areas that will utilize sheet flow across the parking lots directing water in the SWM practices to be effectively treated. Please accept this request as a part of the commission's approval of the project. Sincerely, .'77 Mlchael Vitak, CCR PARKER & ASSOCIATES, lnc. 528 RIVERSIDE DRIVE, SALISBURY, MARYLAND 218OT PHONE: (4tO) 7 49-t023 FAX: {4tO) 7 49-1012 E-MAI L: mi ke@parkerandassociates.org 47

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 2, 2022 APPLICATION: Frito Lay Exchange Center at Lafferty Lane FILE #: S-22-02 REVIEWING AGENCY: City of Dover Department of Public Works and 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 SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2), 90-gallong recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. 3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. This will apply on the Court Street entrance only. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 48

Item 4. Frito Lay Exchange Center at Lafferty Lane File #: S-22-02 March 2, 2022 Page 2 of 4 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Water & Wastewater will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. The water service shall be connected directly to the water main. 8. A curb stop shall be installed on the property line. The water meter pit shall be located two-feet (2’) behind the curb stop. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 49

Item 4. Frito Lay Exchange Center at Lafferty Lane File #: S-22-02 March 2, 2022 Page 3 of 4 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 8. Sanitary sewer laterals shall be connected directly to the main, not manholes, unless impracticable, as determined by the Department of Water & Wastewater. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures on the utility plan sheet to confirm compliance. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees may be required to be paid prior to Certificate of Occupancy for this project. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 50

Item 4. Frito Lay Exchange Center at Lafferty Lane File #: S-22-02 March 2, 2022 Page 4 of 4 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Wastewater impact fees may be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. SANITATION / STORMWATER / STREETS 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 . 51

C F S-22-02 I IItem 4. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 03/02/22 D S O H V A E L APPLICATION: Frito Lay Exchange Center at Lafferty Lane R FILE #: S-22-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is industrial. 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 50% and clearly shown on the plans. Perimeter Access minimum width shall be 10 feet for one-story buildings and 15 feet for buildings of two or more stories, measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5) Where parking is located between the building and perimeter access area, parking shall not be located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall for building of two or more stories. 5. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, 52

Item 4. climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 6. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide 7. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 8. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 9. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel 53

Item 4. bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 10. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 11. NFPA 72 compliant Fire Alarm System TBD per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 12. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed. If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate for the storage presented. 13. 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 54

Item 4. 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) 14. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, 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) 55

Item 4. 15. A lock box (Knox) containing any and all means necessary for fire department access TBD at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 16. All required means of egress shall have an exit discharge consisting of a non-slip surface and leading to and terminating at a public way. NFPA 101 17. Project to be completed per approved Site Plan. 18. Full building and fire plan review is required. 19. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 20. Construction or renovations cannot be started until building plans are approved. 56

Item 4. 21. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 22. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 23. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties: Section 1. - Building permits. No building or structure in any district shall be erected or structurally altered w ithout a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for penalties). 1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer. 1.2 No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning commission, except upon approval of such plans approved by the said commission. 1.21 No building permit shall be issued for any building in a subdivision unless th e subdivision plot has been approved by the planning commission. 1.3 No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the planning commission, unless and until such approval has been duly granted by the said commission. (Ord. of 7-12-1993, § 3) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. A further discussion regarding hydrant spacing/distance/number of hydrants is needed. 2. NFPA code years need to be updated (see below) 3. Need to confirm the width of the vehicle driving area for emergency apparatus. 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. 57

Item 4. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 2, 2022 APPLICATION: Frito Lay Exchange Center at Lafferty Lane FILE #: S-22-02 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 58

Item 4. Frito Lay Exchange Center at Lafferty Lane File #: S-22-02 March 2, 2022 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 59

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Frito Lay Exchange Center at Lafferty Lane FILE#: S-22-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Ryan Schroder PHONE#: (302) 760-2674 =============================================================== 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. Ingress/Egress Easement to be provided to residual parcel 2. Pre-Submittal meeting was held on 12/3/21. Record/Entrance Plans are currently being reviewed. 60

KENT CONSERVATION DISTRICT Item 4. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY MARCH 2022 APPLICATION: Frito Lay Exchange Center at Lafferty FILE #: S-22-02 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE: (302) 608 – 5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to the District’s office. 2. A soils investigation in the proposed Stormwater facility area(s) is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. 3. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. A 15-foot stormwater easement must be shown around inlets, top of bank, and outfall of proposed pond. 2. A stormwater facility operation and maintenance agreement must be drafted and signed by property owners prior to plan approval. 3. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 61

Item 4. CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: March 2, 2022 Organization APPLICATION: Frito Lay Exchange Center at Lafferty Lane FILE #: S-22-02 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 3/22/2022 Project Review S-22-02 Frito Lay Exchange Center at Lafferty Lane The subject site is in the area of Lafferty Lane that may require improvements to accommodate the size and number of tractor trailers and semis that may use it as a route to access State Route 1. The area at the north end of the air base has been dedicated as the Civil Air Terminal. The City and County have envisioned expanding on that capacity to develop a facility that supports flight access as a logistics center based on a study requested by the Kent Economic Partnership. The study funded by the MPO was to determine improvements that may be necessary to support construction of the logistics center. The study can be found on the MPO’s website at https://doverkentmpo.delaware.gov/projects/ as a 2021 project entitled “Dover Air Cargo Freight Study PEL final-August”. 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. 62

Item 4. FRITO LAY EXCHANGE CENTER SITE DE STATE PLAIN NAD 83 HO RS NE EP Y LA ON ERT D RO FF AD LA > > VICINITY MAP SCALE: 1"=1200' > 83 > NA D IN PL > A ST DE AT E E 1 > > U T S38°16'4 6"E O '24"E SR S41°21 > 329.58' U ' 636.62 > DE STATE PLAIN NAD 83 > > NE > Y LA E RT FF LA > SS CA ID E AN YL S38°11'46 > 951.16' N32°15'42"W 124.20' > "E LOCATION MAP SCALE: 1"=400' > AEO AEO Z MA Z M P-AC C AP- AC IDEN CID T SHEET INDEX EN POTE > TP OT NTIAL EN TIA ZON LZ E ON II EI SHEET 1 -- TITLE SHEET SHEET 2 -- EXISTING CONDITIONS SHEET 3 -- SITE/LANDSCAPING PLAN SHEET 4 -- EROSION SEDIMENT CONTROL PLAN SHEET 5 -- GRADING PLAN > SHEET 6 -- PROFILES 4'40"E LEGEND SHEET 7 -- DETAILS S43°4 SHEET 8 -- DETAILS 4' DA-1 -- PRE-DEVELOPMENT DRAINAGE MAP 520.1 SHEET-1 - NACHEZ CRAPE MRTYLE DA-2 -- POST DEVELOPMENT DRAINAGE MAP EN-1 -- DELDOT TITLE SHEET EN-2 -- EXISTING CONDITIONS/ EROSION SEDIMENT CONTROL PLAN - KNOCKOUT ROSE > 0 100 150 200 EN-3 -- SITE/ SITE DISTANCE PLAN EN-4 -- GRADING/ ENTRANCE PLAN - PROPOSED LIGHT POLE EN-5 -- PROFILES - IRON PIPE W/CAP SET EN-6 -- PROFILES EN-7 -- PROFILES GRAPHIC SCALE EN-8 -- SWALE PROFILE 1 inch = 100 feet - EXISTING EDGE OF PAVEMENT x x x - BOUNDARY LINE > N/F STATE OF DELWARE x INIT. 0 2-05-07700-01-2300-00 10' WIDE - SETBACK LINE ZONING: MANUFACTURING REVISIONS PR.15''S > x SANITARY - EXISTING TREE LINE D - EXISTING TREE LINE TO BE REMOVED SEWER EA Title x DATE - PROPOSED TREE LINE SEMENT x x x DWG. 7' - PROPOSED ASPHALT 29.7 4"W > '4 °10 N32°20'34"W FRITO LAY EXCHANGE CENTER S39 568.21' - PROPOSED SIDEWALK/CONCRETE > PAVING 2-05-07716-02 PR.2''W - PROPOSED BUILDING 6"E 0500-00001 S39°57'1 N32°26'46"W 112.21' 252.64' PR.6''SS ROAD NAME: LAFFERTY LANE TITLE SHEET N/F DORIS SUMMERS D8873/86 2-05-07716-02-0200-000 ZONING: MANUFACTURING TAX MAP PARCEL 72.62' SITE DATA PR.2''W N/F PR.6''SS S LLC LAFFERTY LANE PROPERTIE D0693/0146 001 2-05-07716-02-0600-00 ZONING: MANUFACTURING 1. THE PROPERTY SHOWN HEREON IS CURRENTLY OWNED BY: 10/15/2021 N32°21'54"W DEVRECO, LLC 922.64' > PR.18''SD > 185.98' S 150 W MARKET ST STE 101 > > > > L=214.85' S59°02'56"W FOR: DEVRECO, LLC > > PR.18''SD R=5764.60' SALISBURY, MD 21801 MB > > S58°52'12"W > MAV MB EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W 2. PRESENT USE OF PROPERTY: AGRICULTURAL LAFFERTY LANE PROPOSED USE OF PROPERTY : INDUSTRIAL WAREHOUSE EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS 3. DEED REFERENCE: 606/19 TP 4. COUNT TAX MAP: 2-05-07716-02-0500-00001 OWNER'S CERTIFICATION DRAFTSMAN 5. TOTAL NUMBER OF EXISTING PARCELS = 1 N/F FIRST STATE BUSINESS N/F LLC DELMARVA LAND HOLDINGS, 2, TOTAL NUMBER OF PROPOSED LOTS = 2 CENTER LLC D0634/0090 D10622/0123, D6294/034 IT IS HEREBY CERTIFIED THAT I AM THE OWNER OF THE PROPERTY DESCRIBED AND SHOWN ON THIS PLAN. DATE 001 D3535/0181 2-05-07700-01-2803-00 6. THE PRESENT ZONING OF THIS PROPERTY IS M (MANUFACTURING) CITY OF DOVER ZONING: MANUFACTURING 2-05-07700-01-2804-00 001 THE PLAN WAS MADE AT MY DIRECTION, AND THAT I ACKNOWLEDGE THE SAME TO BE MY ACT. IT IS MY ZONING: MANUFACTURING ZONING CODE. DESIRE TO HAVE THE PLAN DEVELOPED AS SHOWN AND IN ACCORDANCE WITH ALL APPLICABLE LAWS AND EAST DOVER HUNDRED, CITY OF DOVER, DELAWARE 7. TOTAL AREA OF PARCEL 0500-00001 = 995,996.38 SQ.FT. / 22.86 ± ACRES REGULATIONS. 8. TOTAL AREA OF NEW LOT 1 = 859,535.97 SQ.FT / 19.73 ± ACRES 9. TOTAL AREA OF NEW LOT 2 = 130,011.58 SQ.FT. / 2.99 ± ACRES 10. THIS PROPERTY IS SHOWN ON F.I.R.M. COMMUNITY PANEL # 10001C0188J (PANEL 188 OF 435), DATED 7/7/2014, AS BEING IN FLOOD ZONES "X", AREA OF MINIMAL FLOOD Chris Gilkerson HAZARD. 2/4/2022 __________________________________________________________________ 11. WATER AND SEWER SERVICES ARE PUBLIC WORKS / WATER & WASTEWATER DIVISION. 1"=100' LAND USE SUMMARY DEVRECO, LLC DATE 12. NO TRAFFIC STUDY REQUIRED. 150 WEST MARKET STREET SUITE 101 13. ALL CONSTRUCTION SHALL CONFORM TO THE KENT COUNTY CODE IN EFFECT AT THE JOB NO.S2382-PS-TITLE.DWG TOTAL AREA SALISBURY, MD 21801 TIME OF CONSTRUCTION. 14. REQUIREMENTS OF THE STATE AND COUNTY BEST MANAGEMENT PRACTICES SHALL BE PARKING SUMMARY PARCEL 0500-00001 = 995,996.38 SQ.FT. / 22.86 ± ACRES PHONE: 410-543-5115 LOT 1 = 860,045.42 SQ.FT. / 19.73 ± ACRES EMAIL: CHRIS@DEVRECO.COM USED IN THE MAINTENANCE OF THE SYSTEM. 15. THE FINAL SITE PLAN SHALL BE SUBJECT TO THE REVIEW AND APPROVAL BY KENT ZONING M REQUIREMENTS PER CITY OF DOVER LOT 2 = 130,579.33 SQ.FT. / 2.99 ± ACRES COUNTY. 16. THIS SURVEY DOES NOT CERTIFY TO THE LOCATION AND/OR EXISTENCE OF EASEMENTS WHOLESALE WAREHOUSE: 1 PER 800 SQUARE FEET. EXISTING IMPERVIOUS ENGINEER'S CERTIFICATION SCALE AND RIGHT-OF-WAYS CROSSING SUBJECT PROPERTY. NONE IT IS HEREBY CERTIFIED THAT I AM A REGISTERED ENGINEER IN THE STATE OF DELAWARE, THAT THE INFORMATION 17. THIS PROPERTY IS IN INVESTMENT LEVEL AREA 2. TOTAL REQUIRED: SHOWN HEREON HAS BEEN PREPARED UNDER MY SUPERVISION AND TO MY BEST KNOWLEDGE AND BELIEF 18. HORIZONTAL DATUM IS BASED ON DELAWARE COORDINATE SYSTEM NAD83. VERTICAL 7884 SF / 800 = 20 SPACES EXISTING PERVIOUS REPRESENTS GOOD ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE STATE OF DELAWARE. SURVEYING FORESTRY DATUM IS BASED ON NAVD88. 19. THERE IS NO APPLICABLE TID FOR THIS PROJECT TOTAL PROVIDED: GRASS WOODS = 474,889.07 SQ.FT. / 10.90 ± ACRES = 508,376 SQ.FT. / 11.67 ± ACRES A RKE R PAVED = 19 + 2 HANDICAP = 21 SPACES P TOTAL = 967,660 SQ.FT. / 22.21 ± ACRES Feb. 4, 22,10:53 AM PROPOSED IMPERVIOUS 2/4/2022 ______________________________________________________________ SALISBURY, ESTABLISHED MARYLAND WAREHOUSE = 7,884 SQ.FT / 0.18 ± ACRES Brock E. Parker P.E., R.L.S. Date 1977 410-749-1023 BUILDING USE SUMMARY PAVEMENT = 47,757.24 SQ.FT. / 1.10 ± ACRES 528 Riverside Drive CONCRETE = 20,959.26 SQ.FT. / 0.48 ± ACRES Salisbury, Maryland 21801 WHOLESALE DISTRIBUTION 1 @ 7,884 SF (410) 749-1023 fax: (410) 749-1012 & S E TOTAL = 76,600.50 SQ.FT. / 1.76 ± ACRES A T email:brock@parkerandassociates.org S S CIVIL OC IA SITE ENGINEERING INC. PLANNING 63

Item 4. MATCHLINE THIS SHEET > > 83 AD N > PROPOSED CONNECTION PL AI PROPOSED STORMWATER TO EXISTING SWALE N AT > E MANAGEMENT EASEMENT > ST DE > > > 60.84 > PROPOSED PROPERTY LINE SWM POND PR.15''SD > PROPOSED SWALE PROPOSED 9' 6" CHAIN-LINK FENCE EXISTING SWALE > D x x x x x x x > 20' B.S.L. PR.15''S x PROPOSED x TREELINE 40.00 > 135.00 10' WIDE x x 11.00 PROPOSED SWALE PR.15''S PROPOSED WHEEL STOP (TYP.) 108.00 ASEMENT x > > D 40.00 SEWER E x PROPOSED GATE > SANITARY x D x PR.15''S PROPOSED FLARED END SECTION > PROPOSED 10' X 24' x x DUMPSTER PAD x x x x x x 256.50 15.00 PROPOSED TRUCK WELL PR.12''SD PROPOSED SIDEWALK 24.00 PR.36''SD x PROPOSED YARD INLET PROPOSED YARD INLET LOT-1 REMAINING LANDS OF > 20' B.S.L. 20' B.S.L. 2-05-07716-02-0500-00001 20' B.S.L. > PROPOSED LOT-2 PROPOSED OUTFALL > PROPOSED PR.2''W WAREHOUSE PROPOSED ASPHALT PAVING 7,884 SF > PROPOSED FOUNDATION PLANTING PR.2''W 170.96 20.00 72.00 PROPOSED CONCRETE PAVING 0+00 PROPOSED 45° BEND SHEET-3 PR.6''SS PR.6''SS PR.6''SS STATION: 0+05.00 PROPOSED LIGHT POLE (TYP.) 0 40 60 80 1+00 PR-SSMH-1 PR.2''W PROPOSED NACHEZ CRAPE MYRTLE (TYP.) STA:1+56.17 OFF:0.00 RIM:19.90 70.00 PROPOSED SWALE GRAPHIC SCALE 0 0.0 R5 > PROPOSED 45° BEND 1 inch = 40 feet PROPOSED KNOCKOUT ROSE (TYP.) INV IN:16.95 6" PVC STATION: 0+14.53 INV OUT:16.00 6" PVC PR.6''SS EXISTING TREELINE 2+00 50.03 INIT. R2 REVISIONS 0. 00 PR.2''W PROPOSED PEDESTRIAN ACCESS PROPOSED 24' EASEMENT SITE/UTILITY/LANDSCAPING PLAN TIES LLC 69.23 LAFFERTY LANE PROPER Title 32.00 PROPOSED SIDEWALK DATE 40' B.S.L. 40' B.S.L. PR.6''SS 001 2-05-07716-02-0600-00ING DWG. ZONING: MANUFACTUR .00 R60 R6 PROPOSED RELOCATED 0.00 CONNECTION TO FIRE HYDRANT PROPOSED SWALE 40.00 PROPOSED CROSSWALK FRITO LAY EXCHANGE CENTER PROPOSED PROPERTY LINE PR.2''W PROPOSED SWALE EXISTING SIDEWALK 24.00 PR.18''SD PR.18''SD > > > > PR.18''SD > > 8.00 2-05-07716-02 > > > > > > 25.00 25.00 PR. 8.00 > > 18'' 12.00 0500-00001 > SD PR.6''SS > PR.18''SD 12.00 3+00 > PROPOSED WATER MAIN 12.00 PROPOSED RELOCATED EX.8''W EX.8''W EXTENSION WITH 6 X 6 X 2 TEE AND VALVE FIRE HYDRANT EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W ROAD NAME: LAFFERTY LANE 8.75 LAFFERTY LANE 320.00 100.00 48.00 47.00 12.00 EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS 3+37 EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS TAX MAP PARCEL 11.92 11.41 10/15/2021 9.21 FOR: DEVRECO, LLC N/F EX-SSMH-5 N/F MAV APPROXIMATE LOCATION OF FIRST STATE BUSINESS STA:3+37.33 OFF:0.00 DELMARVA LAND HOLDINGS, LL, C ADJACENT PROJECT ENTRANCE CENTER LLC 0342 D0634/0090 RIM:19.64 D10622/0123, D6294/ 5/01 81 DRAFTSMAN 001 INV IN:9.50 8" PVC D353 2-05-07700-01-2803-00ING 001 2-05-07700-01-2804-00ING ZONING: MA NU FA CT UR INV IN:12.75 6" PVC UR ZONING: MANUFA CT DATE INV OUT:9.50 8" PVC EAST DOVER HUNDRED, CITY OF DOVER, DELAWARE MATCHLINE THIS SHEET SITE PLAN SITE PLAN SCALE: 1"=40' SCALE: 1"=40' 1"=40' JOB NO.S2382-PS-SITE.DWG SCALE LANDSCAPE LEGEND SURVEYING FORESTRY - NCM - NATCHEZ CRAPE MYRTLE/LAGERSTROEMIA A RKE R X FAUREI NATCHEZ 8'-10' B&B P Feb. 4, 22,10:14 AM - KR - KNOCKOUT ROSE 5 GAL. ESTABLISHED SALISBURY, MARYLAND 1977 410-749-1023 & S E A T S S CIVIL OC IA SITE ENGINEERING INC. PLANNING 64

Item 4. 25 SITE 24 L31 > L32 > SL 20' B 23 L30 N51°41'46"E > 30.01' 26 L33 27 L2 22 9 > 21 83 8 L34 L2 > L35 D NA 13 20 7 > L2 TE N > 6 AI L2 19 U ED PROPOS 2 5 PL L R O 17 18 > L 36 VICINITY MAP SCALE: 1"=2000' AT E S . 4 > DITCH ST U . L2 BS L > ' 20 DE 16 3 > L2 20' BSL Point Table > Line Table 2 L2 15 28 Point # Northing Easting 21 Line # Direction Length L 14 H 1 418616.7062 635000.4678 L18 L20 13 > DI TC L1 S34°48'23"E 24.48 OF L19 12 IN E 2 418765.6433 635262.4558 790.1 '8 L L2 S34°48'23"E 397.08 ER L17 11 NT 3 418437.9789 635520.2662 CE 6"W 9 10 L3 S60°22'56"W 301.36 N38°11'4 > NG TI 4 418270.5635 635241.0995 IS 10' WIDE EX L4 N60°22'56"E 291.25 5 417963.4615 634729.0042 L5 N60°22'56"E 10.11 L16 > 6 418024.7962 634690.1326 Y SANITAR L6 S38°11'46"E 951.16 7 418119.4898 634629.9313 L7 S38°11'46"E 392.74 > 8 418599.5492 634325.9484 SEWER E 8 L8 S38°11'46"E 24.19 9 418704.5751 634259.6521 LEGEND ED DRAIN AEO L9 S59°02'56"W 922.64 AEO Z MA ASEMEN Z M P-AC 10 418714.0320 634265.8739 AP- CID PROPOS - IRON ROD W/ CAP FOUND ACC EN IDE T PO L10 N59°02'56"E 10.08 NT T PO ENTI 11 418616.7062 635000.4678 T LOT 1 > TEN AL - IRON PIPE FOUND TIA ZON L11 N59°02'56"E 315.44 LZ ON E II 12 418772.0506 634302.1710 EI L37 N/F L12 S59°02'56"W 597.12 LAFFERTY LANE PROPERTIES LLC EMENT - CONCRETE MONUMENT FOUND 860,045.42 SQ.FT. 13 418795.9487 634317.1416 D0693/0146 AGE EAS 2-05-07716-02-0600-00001 L13 N32°21'54"W 72.62 - IRON PIPE W/CAP SET 19.74 ± ACRES ZONING: MANUFACTURING 14 418820.3921 634330.1302 LAND USE: COMMERCIAL L14 N32°26'46"W 112.21 - EXISTING EDGE OF PAVEMENT > 15 418867.6811 634354.5457 L15 N32°20'34"W 568.21 - BOUNDARY LINE 16 418993.9644 634412.0993 L16 N32°15'42"W 124.20 17 419111.1015 634455.0698 - PROPOSED PROPERTY LINE L17 N33°20'28"E 11.32 18 419131.0561 634461.2507 - SETBACK LINE > L18 N33°02'24"E 14.68 N60°22'56"E 19 419150.8866 634467.3932 231.65 ' L19 N31°45'18"E 53.76 20' BSL - PROPOSED DRAINAGE EASEMENT 20 419217.3043 634485.8704 20' BSL PROPOSED STORMWATER MANAGEMENT POND L20 N32°03'52"E 28.20 21 419282.8179 634501.4041 L4 L21 N27°59'06"E 27.68 2 22 419321.8462 634509.1008 1 L3 L5 L22 N27°18'27"E 53.22 L15 > 20' BSL 23 419403.2820 634523.8468 N/F STATE OF DELWARE OLD PARCEL 0500-00001 24 419534.4467 634539.3551 L23 N24°30'04"E 138.78 2-05-07700-01-2300-000 995,996.38 SQ.FT. L24 N20°08'42"E 124.77 ZONING: MANUFACTURING LAND USE: AGRICULTUAL 22.86 ACRES 25 419569.4997 634541.4551 L25 N17°12'37"E 20.89 26 419414.0048 634689.6889 ' 8 333.53 L3 L26 N17°12'37"E 20.76 27 419444.2155 634727.9369 L7 N34°48'23"W L27 N15°32'47"E 68.94 28 419185.4954 634932.1110 LOT 2 L28 N13°20'20"E 67.33 20' BSL 20' BSL L29 N11°09'22"E 39.78 130.579.33 SQ.FT. 20' BSL L6 2.99 ± ACRES L30 N10°15'49"E 82.76 7 L2 L31 N6°44'35"E 132.08 N60°22'56"E L32 N43°37'50"W 214.83 14.06' L33 S51°41'46"W 48.74 L14 L34 N51°41'46"E 38.74 L35 N51°41'46"E 10.00 N/F DORIS SUMMERS 6 L36 S38°16'46"E 329.58 D8873/86 40' BUILDING SETBACK LINE (BSL) 2-05-07716-02-0200-000 40' BSL NOTES L8 L37 S38°11'46"E 534.23 L13 ZONING: MANUFACTURING LAND USE: RESIDENTIAL L1 L10 1. A 24' PERMANENT EASEMENT IS HEREBY ESTABLISHED FOR THE STATE OF 4 L11 > 3 L38 L39 S34°48'23"E 421.57 5 L12 > > DELAWARE PER THIS PLAT. > > > > L9 2. LOT 1 & LOT 2 SHALL HAVE PRIVATE ACCESS TO CITY ROAD SR-347. MB 3. THE BOUNDARY INFORMATION SHOWN HEREON WAS DERIVED FROM THE LAND MB IT IS HEREBY CERTIFIED THAT I AM THE OWNER OF THE PROPERTIES RECORDS OF KENT COUNTY, DELAWARE AND WAS SUPPORTED BY BOUNDARY DESCRIBED AND SHOWN ON THIS PLAN, THAT THE PLAN WAS MADE AT MY MONUMENTS LOCATED/FOUND DURING OUR FIELD RUN SURVEY. DIRECTION, THAT I ACKNOWLEDGE THE SAME TO BE MY ACT AND DESIRE THE 4. THE M (MANUFACTURING) ZONING SHOWN HEREON WAS DERIVED FROM KENT COUNTY DE MAPPING. LAFFERTY LANE K E. PAR PLAN TO BE RECORDED ACCORDING TO LAW. 5. THIS RECORD PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT SITE DATA SR-347 OC T KE AND IS SUBJECT TO ANY ENCUMBRANCES, RESTRICTIONS, EASEMENTS AND/OR BR IS ERE R RIGHTS-OF-WAY THAT MIGHT BE REVEALED BY A THOROUGH TITLE SEARCH. MINOR COLLECTOR R EG D 6. ALL ENTRANCES SHALL CONFORM TO DELDOTS DEVELOPMENT 1. THE PROPERTY SHOWN HEREON IS CURRENTLY OWNED BY: 02/03/2022 60' R/W PR O F E VE COORDINATION MANUAL (DCM) AND SHALL BE SUBJECT TO ITS APPROVAL. DEVRECO, LLC No. S6-0000767 DEVRECO, LLC OWNER OF PARCEL 6.00 DATE N/F N/F YOR 7. NO BUILDING, STRUCTURE OR OTHER PERMANENT OBSTRUCTION SHALL BE 150 W MARKET ST STE 101 DELMARVA LAND HOLDINGS, LLC C/O CHRIS GILKERSON FIRST STATE BUSINESS CENTER LLC PLACED ON ANY EASEMENT. SALISBURY, MD 21801 D0634/0090 D10622/0123, D6294/0342, D3535/0181 150 WEST MARKET STREET D EL E 8. THE DEVELOPER SHALL BE REQUIRED TO FURNISH AND PLACE 410-543-5115 2-05-07700-01-2803-00001 ZONING: MANUFACTURING 2-05-07700-01-2804-00001 ZONING: MANUFACTURING SS IO A WAR UR SALISBURY, MD 21801 RIGHT-OF-WAY MARKERS TO PROVIDE A PERMANENT REFERENCE FOR 2. PRESENT USE OF PROPERTY: AGRICULTURAL LAND USE: AGRICULTURAL LAND USE: COMMERCIAL N AL N D S RE-ESTABLISHING THE RIGHT-OF-WAY AND PROPERTY CORNERS ON LOCAL PROPOSED USE OF PROPERTY : INDUSTRIAL WAREHOUSE LA AND HIGHER ORDER FRONTAGE ROADS. RIGHT-OF-WAY MARKERS SHALL BE 3. DEED REFERENCE: 606/19 SET AND/OR PLACED ALONG THE FRONTAGE ROAD RIGHT-OF-WAY AT 4. COUNT TAX MAP: 2-05-07716-02-0500-00001 PROFESSIONAL CERTIFICATION. I HEREBY CERTIFY THAT THESE DOCUMENTS PROPERTY CORNERS AND AT EACH CHANGE IN RIGHT-OF-WAY ALIGNMENT 5. TOTAL NUMBER OF EXISTING PARCELS = 1 WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED IN ACCORDANCE WITH SECTION 3.4.2.1.E. TOTAL NUMBER OF PROPOSED LOTS = 2 LAND SURVEYOR UNDER THE LAWS OF THE STATE OF DELAWARE 9. SHRUBBERY, PLANTINGS, SIGNS AND/OR OTHER VISUAL BARRIERS THAT COULD 6. THE PRESENT ZONING OF THIS PROPERTY IS M (MANUFACTURING) (CITY OF DOVER OBSTRUCT THE SIGHT OF DISTANCE OF A DRIVER PREPARING TO ENTER THE LAND USE SUMMARY LICENSE NUMBER S6-0000767, RENEWAL DATE JUNE 30, 2023. ZONING CODE) AND IS LOCATED WITHIN THE AEOZ MAP-ACCIDENT POTENTIAL ZONE I AND ROADWAY ARE PROHIBITED WITHIN THE DEFINED DEPARTURE SIGHT TRIANGLE AEOZ MAP-ACCIDENT POTENTIAL ZONE II . AREA ESTABLISHED ON THIS PLAN. IF THE ESTABLISHED DEPARTURE SIGHT TOTAL AREA 7. TOTAL AREA OF PARCEL 0500-00001 = 995,996.38 SQ.FT. / 22.86 ± ACRES PARCEL 0500-00001 = 995,996.38 SQ.FT. / 22.86 ± ACRES 02/03/2022 TRIANGLE AREA IS OUTSIDE OF THE RIGHT-OF-WAY OR PROJECTS ONTO AN 8. TOTAL AREA OF NEW LOT 1 = 860,045.42 SQ.FT / 19.74 ± ACRES ADJACENT PROPERTY OWNERS LAND, A SIGHT EASEMENT SHOULD BE LOT 1 = 860,045.42 SQ.FT. / 19.74 ± ACRES BROCK E. PARKER DATE 9. TOTAL AREA OF NEW LOT 2 = 130,579.33 SQ.FT. / 2.99 ± ACRES ESTABLISHED AND RECORDED WITH ALL AFFECTED PROPERTY OWNERS TO LOT 2 = 130,579.33 SQ.FT. / 2.99 ± ACRES 10. THIS PROPERTY IS SHOWN ON F.I.R.M. COMMUNITY PANEL # 10001C0188J (PANEL 188 MAINTAIN THE REQUIRED SIGHT DISTANCE. OF 435), DATED 7/7/2014, AS BEING IN FLOOD ZONES "X", AREA OF MINIMAL FLOOD 10. INTENDED USE OF BUILDING: INDUSTRIAL WAREHOUSE HAZARD. EXISTING IMPERVIOUS PAGE 1 OF 2 11. NAME OF WATER SUPPLIER: DOVER PUBLIC WORKS / WATER & WASTEWATER 11. WATER AND SEWER SERVICES ARE PUBLIC. NONE REVISIONS SURVEYING FORESTRY RKE DIVISION 12. ALL CONSTRUCTION SHALL CONFORM TO THE KENT COUNTY CODE IN EFFECT AT THE 12. MAX BUILDING HEIGHT OF FUTURE BUILDINGS PER CITY OF DOVER ZONING CODE IS TIME OF CONSTRUCTION. EXISTING PERVIOUS DATE INIT. RECORD PLAN 35 FEET. 13. PROPOSED BUILDING CONSTRUCTION: INDUSTRIAL WAREHOUSE TO BE BUILT OF 13. REQUIREMENTS OF THE STATE AND COUNTY BEST MANAGEMENT PRACTICES SHALL BE USED IN THE MAINTENANCE OF THE SYSTEM. GRASS WOODS = 474,889.07 SQ.FT. / 10.90 ± ACRES = 508,376 SQ.FT. / 11.67 ± ACRES LAFFERTY LANE, PARCEL 0500-00001 P A R CONCRETE MASONRY, BRICK, CAST STONE, STEEL, METALS, SHINGLES, WOOD, 14. THE FINAL SITE PLAN SHALL BE SUBJECT TO THE REVIEW AND APPROVAL BY KENT TOTAL = 967,660 SQ.FT. / 22.21 ± ACRES WOOD BLOCKING, PLYWOOD, GLASS, BATT INSULATION, RIGID INSULATION, COUNTY. AS SHOWN ON, "RECORD PLAN - TUDOR PROPERTIES, LLC." Feb 04, 2022-10:49am CERAMIC TILE, PLASTER OR STUCCO, AND PARTICLE BOARD; WILL BE PROTECTED 15. THIS SURVEY DOES NOT CERTIFY TO THE LOCATION AND/OR EXISTENCE OF EASEMENTS BY SPRINKLER SYSTEM. AND RIGHT-OF-WAYS CROSSING SUBJECT PROPERTY. PROPOSED IMPERVIOUS 0 100 150 200 FOR : DEVRECO, LLC. SALISBURY, MARYLAND WAREHOUSE = 7,884 SQ.FT / 0.18 ± ACRES ESTABLISHED 14. ALL FIRE LANES, FIRE HYDRANTS, AND FIRE DEPARTMENT CONNECTIONS SHALL BE 1977 410-749-1023 16. THIS PROPERTY IS IN INVESTMENT LEVEL AREA 2. PAVEMENT = 47,757.24 SQ.FT. / 1.10 ± ACRES MARKED IN ACCORDANCE WITH THE STATE FIRE PREVENTION REGULATIONS. 17. HORIZONTAL DATUM IS BASED ON DELAWARE COORDINATE SYSTEM NAD83. VERTICAL LOCATION 15. A PROPOSED 40' WIDE STRIP OF RIGHT-OF-WAY FROM THE CENTERLINE IS HEREBY CONCRETE = 20,959.26 SQ.FT. / 0.48 ± ACRES DATUM IS BASED ON NAVD88. GRAPHIC SCALE EAST DOVER HUNDRED, KENT COUNTY, DELAWARE DEDICATED TO THE STATE OF DELAWARE AS PER THIS PLAT. TOTAL = 76,600.50 SQ.FT. / 1.76 ± ACRES 18. THERE IS NO APPLICABLE TID FOR THIS PROJECT & S E 1 inch = 100 feet SCALE 1" = 100' DATE 01/11/2022 TAX MAP 2-05-07716-02 A T S S DWG. JOB NO. DRAWN BY PARCEL CIVIL OC IA SITE S2382-PS-RECORD PLAN S2382 RLPR 0500-00001 ENGINEERING INC. PLANNING 65

Item 4. 22 22 N38°11'4 21 790.18' 6"W 21 23 21 23 20 20 19 N60°22'56"E 231.65' 18 PROPOSED DRAINAGE & MAINTENANCE EASEMENT 18 19 23 21 20' BSL PR.15''SD 23 PROPERTY LINE TO BE ADDED 301.36 (TOTAL) N60°22'56"E 19 x291.25' D x x x x x x PR.15''S 10.11' > 20 20' BSL x x 83 EXISTING TREE LINE NA x PROPERTY LINE D x PL N LOT 1 D 10.00' PR.15''S AI 860,045.42 SQ.FT. > x 10' WIDE E PROPOSED PARKING AREA ST 19.74 ± ACRES 22 TO BE ADDED AT SANITARY 19 x DE ELECTRIC BOX 333.53' SE SEWER EA 21 x D x PR.15''S N34°48'23"W MENT > 20 x x 397.08 (TOTAL) x x x x x x PROPOSED FENCE LOT 2 PR.12''SD 19 130,579.33 SQ.FT. PR.2''W 2.99 ± ACRES OLD PARCEL 0500-00001 995,996.38 SQ.FT. 397.08 ' > PROPOSED SIDEWALK 0' 22.86 ACRES 72.00' 61.4 PR.6''SS N34°48'23"W O 178.78' 416.93 (T > 20' BSL 18 18 19 19 20' BSL 20' BSL PR.2''W "E S38°11'46 N/F PR.6''SS PR.2''W LAFFERTY LANE PROPERTIES LLC 19 > D0693/0146 19 2-05-07716-02-0600-00001 109.50' 109.50' PROPOSED PARKING LOT PROPOSED FRITO PR.18''SD > ZONING: MANUFACTURING > LAY EXCHANGE 392.7'4 > LAND USE: COMMERCIAL > > > CENTER EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W > EX.8''SS EX.8''SS EX.8''SS EX.8''SS TAL) PR.2''W S60°22'56"W 72.00' 2' 74.7 TRUCK TURNING TEMPLATE WB-67 14.06' PROPOSED SIDEWALK SCALE 1"=100' PR.6''SS PR.6''SS PR.6''SS 171.75' PR.2''W > PR.6''SS 18 140.77' 19 18 19 19 19 PR.2''W PROPOSED SIDEWALK 140.95' 40' BSL PR.6''SS 40' BUILDING SETBACK LINE (BSL) 60. 19 00' PROPOSED ACCESS 22 21 20 24.48' 60. R= 23 R= 00' PROPOSED SIDEWALK PR.2''W A 24' PERMANENT EASEMENT IS 24.19' 287.32' 12.89' HEREBY > ESTABLISHED FOR THE S PR.18''SD PR.18''SD PR.18''SD > > 10.08' > > 315.43 ' STATE OF DELAWARE PER THIS PLAT. > > > > > > EXISTING SIDEWALK > > 325.52 (TOTAL) > > > DECISION S59°02'56"W SEE NOTE # 24 PR. 18'' PR.6''SS EXISITING ACCESS POINT SD 34.71' 40.00' > > > > > > > > PR.18''SD > PR.18''S >D > > 14.50' > > > > 13.11' EX.12''SD 430.5'1 EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W 531.14 ' EXISTING R/W PROPOSED R/W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W EX.8''W FROM CENTERLINE FROM CENTERLINE 430.00 SIGHT DISTANCE ' 530.00 SIGHT DISTANCE ' EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS EX.8''SS PROPOSED FUTURE ACCESS N/F FIRST STATE BUSINESS CENTER LLC D0634/0090 2-05-07700-01-2803-00001 ZONING: MANUFACTURING LAFFERTY LANE N/F DELMARVA LAND HOLDINGS, LLC D10622/0123, D6294/0342, D3535/0181 LAND USE: AGRICULTURAL SR-347 CASSIDY LANE 2-05-07700-01-2804-00001 ZONING: MANUFACTURING LEGEND 365.22' MINOR COLLECTOR LAND USE: COMMERCIAL - MAN HOLE 60' R/W S K E. PAR - UTILITY POLE TRIP GENERATION - FRITO LAY EXCHANGE OC T KE BR IS ERE R - SEWER CLEAN OUT LAFFERTY LANE R EG D PR O F E - GAS VALVE ROAD TRAFFIC DATA: No. S6-0000767 VE WEST TO S. BAY ROAD FUNCTIONAL CLASSIFICATION - LAFFERTY LANE (SR 347) YOR - ROAD SIGN D EL E 1,138 POSTED SPEED LIMIT - - MINOR COLLECTOR 40 mph SS IO A WAR UR - FIRE HYDRANT N AL N D S 22 (5) {16} W AADT - 1,961 (PER 2019 TRAFFIC COUNTS ) LA LAFFERTY LANE-(SR347) PROJECTED 10-YR AADT - 1.16 x 1,961 = 2,275 TRIPS -IRON PIPE W/ CAP SET PROJECTED 10-YR AADT + SITE - 2,275 + 58 =2,333 TRIPS TRAFFIC PATTERN GROUP - 3 22 (15) {6} - EXISTING EDGE OF PAVEMENT DESIGN HOURLY VOLUME - 12.09% X 2,333 = 282 TRIPS - BOUNDARY LINE PROPOSED SITE TRIPS GENERATED: SITE ENTRANCE SOURCE: ITE TRIP GENERATION MANUAL, 10th EDITION - PROPOSED PROPERTY LINE 150 INDUSTRIAL WAREHOUSE PER 1000 SQ FT ONE ENTRANCE - FULL MOVEMENT 7 (1) {5} DESIGN VEHICLE - WB-67 - SETBACK LINE DAILY TRIPS PROPOSED INDUSTRIAL WAREHOUSE PAGE 2 OF 2 = BUILDING SIZE = 7,884 {(1.58 X 7.88)+45.54} REVISIONS SURVEYING FORESTRY - PROPOSED ASPHALT TOTAL TRIPS FOR SITE = TRUCK % = T = 58 8.06% x 22 = 2 DATE INIT. RECORD PLAT A RKE R 7 (5) {2} 58 DAILY TOTAL TRIPS (#150) - 50% ENTER, 50% EXITING = 29 IN / 29 OUT LAFFERTY LANE, PARCEL 0500-00001 P - PROPOSED SIDEWALK 25% IN FROM EAST = 7, 25% OUT TO EAST = 7 1,137 75% IN FROM WEST = 22, 75% OUT TO WEST = 22 AS SHOWN ON, "RECORD PLAN - TUDOR PROPERTIES, LLC." Feb 04, 2022-10:49am - PROPOSED BUILDING EAST TO HORSEPOND ROAD AM PEAK 26 TOTAL TRIPS - 77% ENTER, 23% EXITING = 20 IN / 6 OUT 25% IN FROM EAST = 5, 25% OUT TO EAST = 1 0 40 60 80 FOR : DEVRECO, LLC. SALISBURY, MARYLAND ESTABLISHED 75% IN FROM WEST = 15, 75% OUT TO WEST = 5 1977 410-749-1023 PM PEAK 29 TOTAL TRIPS - 27% ENTER, 73% EXITING = 8 IN / 21 OUT LOCATION - PROPOSED DRAINAGE EASEMENT TRAFFIC GENERATION DIAGRAM 25% IN FROM EAST = 2, 25% OUT TO EAST = 5 EAST DOVER HUNDRED, KENT COUNTY, DELAWARE (AM PEAK HOUR) {PM PEAK HOUR} 75% IN FROM WEST = 6, 75% OUT TO WEST = 16 GRAPHIC SCALE & S 1 inch = 40 feet SCALE 1" = 40' DATE 01/11/2022 TAX MAP 2-05-07716-02 A E S S T DWG. JOB NO. DRAWN BY PARCEL CIVIL OC IA SITE S2382-PS-RECORD PLAN S2382 RLPR 0500-00001 ENGINEERING INC. PLANNING 66

Item 5. City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 9, 2022 PLANNING COMMISSION MEETING OF March 21, 2022 Plan Title: Restaurant at 801 North State Street, S-22-03 Plan Type: Site Plan Location: East side of North State Street, southwest of Lepore Drive Address: 801 North State Street, Dover Tax Parcel: ED-05-068.09-01-13.00-000 Owner: Lopez Kent County, LLC Size: 1.943 acres (84,637.08 SF) Zoning: C-2A (Limited Central Commercial Zone) Present Use: Vacant land (Previous Use: One-Family Detached Dwelling) Proposed Use: Restaurant Building Area: Interior: 6,774 SF Covered Patio: 907 SF Total: 7,681 S.F. Off Street Parking: Required – 61 spaces Proposed – 75 spaces Sewer & Water: City of Dover For consideration: Bank Stabilization for Reduction of Setback Requirements from Silver Lake Waiver Request: Partial Elimination of Upright Curbing P. O. Box 475 Dover, DE 19903 67 Community Excellence Through Quality Service

Item 5. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 9, 2022 APPLICATION: Restaurant at 801 North State Street FILE #: S-22-03 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for review of a Site Development Plan Application for the construction of a 7,681 SF Restaurant with outdoor patio dining and associated site improvements. The property is zoned C-2A (Limited Central Commercial Zone). The property consists of 1.943 acres (84,637.08 SF) and is located on the east side of North State Street, southwest of Lepore Drive. The property is bordered by Silver Lake to the south. The owner of record is Lopez Kent County, LLC. Property Address: 801 South State Street. Tax Parcel Number: ED-05-068.09-01-13.00- 000. Previous Applications: The most recent Application was Rezoning Application Z-15-01 Lands of 801 Gold Coast LLC that received a recommendation for approval by the Planning Commission at their May 2015 meeting and was subsequently approved by City Council at their June 8, 2015 meeting. This Application changed the Zoning of the property from the previous RG-3 (General Residence Zone) to C-2A (Limited Central Commercial Zone). II. PROJECT DESCRIPTION The subject property is currently vacant land and consists of 1.943 acres and is located on the east side of North State Street. The most recent use of the property was as a one-family detached dwelling unit (single-family home) which has since been demolished (following a fire). The property has frontage directly onto Silver Lake to the south. The project proposes a one-story 7,681 SF building to be utilized as a Restaurant (El Azteca). The site is to be accessed via an access point directly off North State Street which connects to the drive aisle providing access to the parking areas for the proposed restaurant. Surrounding Land Uses: To the north of the subject site are properties that are similarly zoned C-2A (Limited Central Commercial Zone) and contain a building built originally as a one-family detached dwelling unit and most recently used as an office, as well as a parcel containing a parking lot. It is also noted that the parcel immediately adjacent to the north contains the City of Dover’s only billboard (legal- nonconforming). To the east of the subject site are a series of properties zoned RG-3 (Group 68

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 2 Housing Zone) which are part of the Overlook at Silver Lake Subdivision. These properties include the right-of-way of an alley running along the subject property’s northeast property-line. The alley serves the rears of a series of semi-detached dwelling units, the terminus of Overlook Place to the east, and a property containing one-family detached dwelling unit. There is also the western edge of a strip of land zoned ROS (Recreational Open Space) which buffers residential properties within Overlook Place from Silver Lake. To the south is Silver Lake, and across North State Street to the west are properties also zoned C-2A (Limited Central Commercial Zone) and containing a mix of commercial uses (restaurants and offices) with parking. III. ZONING REVIEW C-2A (Limited Central Commercial Zone) Zoning The proposed use is classified as a restaurant which is a permitted use in the C-2A Zone. Additionally, the Zoning Ordinance, Article 3 §14.3 permits the outdoor eating area in this Zone when accessory to the permitted restaurant use. The City Planner will allow the outdoor (covered patio) seating which has been shown in the Plans to the south of the main Restaurant Building. Below is the full list of permitted and conditional uses in the C-2A Zone as provided in the Zoning Ordinance, Article 3 Section 14: Article 3 Section 14. – Limited Central Commercial Zone (C-2A). 14.1 Uses permitted. No building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail Stores (b) Business, professional or government offices (c) Personal service establishments. (d) Restaurants. (e) Service establishments. (f) Hotels. (g) Places of public assembly. (h) Drive-throughs. (i) One family residences, including attached and semi-detached dwellings, complying with the bulk standards of the RG-1 (General Residence) zone. (j) Apartments and multi-family dwellings 14.2 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) Parking lots and parking structures as a principal use on suitably landscaped lots. (b) Fuel pumps accessory to a permitted use. 14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than off street parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner. 14.4 Performance standards. All uses are subject to performance standards as set forth in article 69

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 3 5, section 8.1. 14.5 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. PARKING SUMMARY The parking requirement for a building with the C-2A zone is one parking space per 300 SF of floor area, or one per every employee, whichever is greater. However Article 6, Section 3 of the Zoning Ordinance requires that Eating and Drinking Establishments provide a minimum of one (1) vehicle paring space for every four (4) seats plus one (1) for every three (3) bar seats. The plans submitted note that there are 212 dining seats (including 56 patio dining seats) and 24 bar seats. This would require a minimum of sixty-one (61) vehicle parking spaces to be provided. The plans note a vehicle parking space figure of seventy-six (76) being proposed, however the Site Plans show seventy-five (75) vehicle parking spaces. Bicycle Parking Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is to be served by seventy-sic (76) vehicle parking spaces, a minimum of four (4) bicycle parking spaces are required. Currently, non are shown on the Plans submitted. The Applicant has indicated that they intend to add the required bicycle parking to the Plans. V. SITE CONSIDERATIONS Adjacent to Silver Lake This property is adjacent to Silver Lake along its southern property line and therefore requires implementation of a specialized setback. Silver Lake is water body. The Zoning Ordinance Article 5, Section 11.222 notes the following for development adjacent to wetlands or water bodies: 11.222 Setbacks. All buildings, structures, and impervious surfaces shall be set back at least 100 feet from the top of bank from wetland areas greater than 0.25 acres in size and from all water bodies. Patios, cement slabs, sidewalks, and other similar constructs are considered to be impervious surfaces. Within this 100-foot setback, vegetative ground cover is required. This setback may be reduced under the conditions set forth as follows: 70

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 4 a) [Riparian buffer.] The setback may be reduced to 50 feet from the top of bank provided that a riparian buffer is established in the setback, consisting of native vegetation. (See figure 11-1) b) [Bank stabilization.] The setback may be reduced to 30 feet from the top of bank provided that a riparian buffer is established in the setback, consisting of native vegetation and provided that bank stabilization is implemented through the planting of native species. (See figure 11-1) c) [Single-family residential uses.] Single-family residential uses may reduce the setback requirement to 75 feet of the top of bank. d) Removal of buffer plantings without approval. The removal of native vegetation or plantings required for the purposes of riparian buffers for any purpose whatsoever, except the establishment of pathways (not greater than eight feet in width), shall be prohibited unless approved by the planning commission through the site plan, conditional use, or subdivision review process. e) [Replacement plantings.] Plantings in a riparian buffer that are removed without permission must be replaced with similar plantings within 30 days of removal. The City Planner may extend this time frame where and if weather conditions necessitate a delay. f) Exceptions to the setback requirements. Stairs, ramps, open decks, patios, fences, and docks necessary for access to natural features with a combined total of 200 square feet in size are exempt from the setback restrictions. Paved trails and sidewalks of up to six feet in width or less are exempt from the setback restrictions as defined in this section. The Applicant has shown on their plans a proposed setback of 30 feet. However, Planning Staff notes that no specific plan showing how the site development will meet these requirements was initially submitted. The Landscape Plan would need to identify what plantings are to be incorporated in addition to the minimum tree plantings and landscaping for the site overall, in order to establish the reduction of the setback from Silver Lake to 30 feet. Review by Silver Lake Commission The Zoning Ordinance Article 5, Section 11 deals with Scenic Resources and notes “The preservation and enhancement of the scenic resources potentially affected by the proposed development shall be considered by the planning commission in development review.” To that end, the Zoning Ordinance, Article 5 §11.251 further requires that the application be reviewed 71

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 5 by the Silver Lake Commission. This Application was presented to the Silver Lake Commission at their March 9, 2022 meeting. The Applicant provided information on bank stabilization and a riparian buffer planting plan. See attached planting plan and rendering. The meeting discussion and comments from the silver Lake Commission will be forwarded to the Planning Commission prior to their March 21, 2022 meeting. Special Flood Hazard Area Portions of the southern boundary of the site adjacent to Silver Lake are within the Special Flood Hazard Area (100-year floodplain/ 1% annual chance of flood). The Zoning Ordinance, Article 5 §11.21 requires that flood hazard areas (100-year floodplain) remain as open natural areas with no impervious surfaces. Currently, this area adjacent to Silver Lake is undeveloped and no site improvements are proposed. It is noted that Bank Stabilization is required to established a reduced setback from Silver Lake (30 feet), and as such a variety of plantings will need to be provided in the area within the Special Flood Hazard Area. Access There is one vehicle access point proposed for the site directly off North State Street to the west. This connects to a two-way drive aisle which provides direct access to the seventy-six (76) vehicle parking spaces located around the west and north of the proposed building. This additionally provides access to a paved area designated for loading as well as apparent Dumpster Enclosures, both of which are shown to the east of the building. It is noted that the terminus of the adjacent Overlook Place is located to the east of the subject site then there is a service alley running along part of the eastern boundary. No connections either vehicle or pedestrian are shown as being proposed to these areas. Sidewalks/Pedestrian Circulation Sidewalks are required along the North State Street (west) frontage of the site (Zoning Ordinance, Article 5 Section 18). The plan shows a concrete sidewalk along this frontage connecting to the existing sidewalk to the south of the subject site; however, details are not provided as to dimensions. The properties to the immediate north of the subject site currently do not have sidewalks along their North State Street frontages. Additionally, the Zoning Ordinance Article 3, Section 18.3(c) notes the following with regards to on-site linkages for pathways: Article 5, Section 18.3(c) On-site linkages. Within all nonresidential developments and all multifamily residential developments, sidewalk at least five feet wide, constructed of concrete or good paving brick laid substantially in concrete, shall be installed to make pathways between street frontages, parking areas, building entrances, and any other site features needing pedestrian access. Such pathways shall be designed to provide reasonable travel times between these features and disincentivize taking shortcuts across areas inappropriate for pedestrians. Where such pathways must cross drive lanes, standard City of Dover crosswalk shall be installed. While the property is showing sidewalks are present internal to the site providing access from the vehicle parking spaces to the main entrance, there is no dedicated pedestrian access onto the site from the proposed sidewalk along North State Street. Planning Staff will additionally note that there 72

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 6 are no ADA compliant ramps shown, for example, near the handicapped parking spaces, nor from the parking lot area in general to the main entrance. The Applicant has however indicated that they will provide the on-site linkage (sidewalk) onto the site from the proposed sidewalk shown along the North State Street frontage. Lighting Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 foot-candles at grade. Light shall not be distracting to traffic on adjacent roads. Light poles are shown in islands of the parking lot, along the North State Street frontage, and well as one light pole to the east of the property, near the dumpster enclosure. and along parking spaces located to the north of the property. There are no lighting features identified on the exterior of the building in either the site plans, or architectural renderings. Dumpsters The Zoning Ordinance, Article 5 Section 6 requires dumpsters to be provided at a rate of two for the first 3,000 square feet of gross building area; one required for each additional 3,000 square feet of gross building area or fraction thereof. The proposed restaurant is therefore required to provide a minimum of four (4) dumpsters. The plans currently show a dumpster enclosure to the east of the proposed restaurant. The plans however do not provide any details as to the type of material proposed for the enclosure, the dimensions of the enclosure, the number of dumpsters to be accommodated or the method of trash collection to be utilized. Curbing Waiver Request: Partial Elimination of Upright Curbing The upright curbing for the parking lots and drive aisles is required per the requirements of Article 6 Section 3.6(b) of the Zoning Ordinance. This curb type appears to be utilized along the parking spaces and drive aisle adjacent to the building but are not identified as being located anywhere else on site. It is noted that there are vehicle parking bumpers shown in all vehicle parking spaces except those adjacent to the proposed building. The Applicant has submitted a Written Waiver Request from the requirements of the Zoning Ordinance to provide the required 6-inch upright curbing in these areas of the Site. The Applicant has stated that they are requesting such a Waiver as they would like to sheet flow drainage across and into drainage swales. To that end, Planning Staff will require additional information as the stormwater management design evolves. It does not appear that all areas noted for the elimination of curbing impact sheet flow. Signage A separate Sign Permit application is required to be submitted for review prior to the installation of signage on the property pertaining to the building/site. It is noted that the initial Plans submitted indicate that a Pylon Sign is being proposed; however, Pylon Signs are not permitted for this location. Type and size of signs allowed is determined primarily by Road Classification, use, and neighboring uses as stipulated in Article 5, Section 4 of the Zoning Ordinance. VI. BUILDING ARCHITECTURE The Plan submission includes renderings with an associated floorplan. The two renderings shown appear to present the building as viewed from the northwest facing southeast (view of the 73

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 7 main entrance), as well as a view from the south facing north (from Silver Lake facing the restaurant). The images show a one-story building with a flat roof. The base color of the façade appears to be grey, but a material of this surface is not identified. The windows appear with black trim, and there is a black horizontal stripe-feature along the top of the exterior wall that appears to wrap around the building. There are no windows on the north façade of the building, but there is a bright, multi-colored mural depicted on this facade which appears to take up most of the elevation. The façade facing Silver Lake is shown to again be grey and feature windows with black trim and there are two patio areas shown which are covered by what appears to be trellises. The larger patio area on the exterior is enclosed by a red or rust colored fencing. VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan set includes a Landscape Plan, but there is no specific reference to the tree plantings required. Based on this development area of 1.943 acres (84,637.08 SF), twenty-nine (29) trees are required to meet the tree density requirements. The Landscape Plan (Sheet PL-04) notes twenty-seven (27) trees are proposed being a mix between deciduous and evergreen trees. The plans additionally note several existing trees on the property but does not provide any details on how many are being removed vs. how many trees are to remain. The plans also do not provide information as to the type of trees present and what types of trees are to remain. The Landscape Plan also does not provide any information as to the types of additional landscaping to be provided (shrubs, flowers, etc.). Staff again notes that as the subject site is adjacent to Silver Lake there is a general requirement to have a 100-foot setback for any new development proposed. As the Applicant has submitted Plans noting a reduction of the setback to 30-feet, the Landscape Plan must provide significantly more detail identifying how the location will meet requirements to establish sufficient Bank Stabilization to warrant the reduction in setback from 100 feet to 30 feet. As such, an additional submission was received on the Bank Stabilization and Riparian Buffer Plantings. Planning Staff finds that these additional submissions demonstrate compliance with the requirements to reduce these setback from water bodies to 30 feet. Opaque Barrier The Zoning Ordinance requires a buffer between a residential use and a non-residential use (Article 5 Section 7.2). The buffer has two components: an opaque barrier consisting of a wooden fence, a masonry wall or an earthen berm and a landscape component. For this project, a buffer is required along the southern portion of the east property line of the parcel. The east property line abuts the Overlook at Silver Lake Subdivision; however, it is only along the southern portion of this property line which borders a residential property. North of that property is the terminus of Overlook Place and from that terminus running north is an alley serving the rears of a series of duplexes. The Zoning Ordinance, Article 5 Section 7.22 additionally notes that the Landscape Component of the Opaque Barrier be either a durable and continuous evergreen planted screen, 6-feet in height at the time of planting; or a hedge that will grow to a height of at least 6-feet at maturity. However, the Site Plan submitted by the Applicant notes only what appears to be a fence along this property line, and there is no landscape component specific to the Opaque Barrier currently being shown. The Landscape Plan shows six (6) Evergreen Trees loosely placed along the east property line, however these are not shown where the residential use is adjacent to the subject site, but rather appear to be located adjacent to the rights-of-way located within the Overlook at Silver Lake Subdivision. The 74

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 8 Zoning Ordinance Article 5, Section 7.24 does allow the Applicant to seek a Waiver from the Planning Commission but for the Fencing Component only. There are no provisions to allow for the waiver of the landscaping component. VIII. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for Code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Waiver Request: Partial Elimination of Upright Curbing: 6-inch Upright Curbing is required to be provided along all drive aisle and parking areas in accordance with Article 6 Section 3.6(b) of the Zoning Ordinance. The Plans currently show curbing being provided along the parking areas and drive aisle immediately adjacent to the proposed building, but do not appear to be utilized elsewhere on site. The Applicant has submitted a Waiver Request from the requirements to provide 6-inch Upright Curbing for all areas of the site except for drive aisles and parking spaces immediately adjacent to the main building for the purpose of facilitating sheet flow. 2) Bicycle Parking: Bicycle Parking is required to be provided at a rate of one (1) space for every twenty (20) vehicle parking spaces. As such, this Site Development Proposal would require four (4) bicycle parking spaces. Bicycle Parking Facilities for a minimum of four (4) spaces must be shown on the Plans. 3) Sidewalk providing for on-site linkage: A dedicated sidewalk must be provided to allow for dedicated pedestrian access to the subject site from the proposed sidewalk along the North State Street frontage. 4) Reduced Setback from Water Bodies: The Applicant has provided additional information, including a rendering, attesting as to how proposed plantings will achieve the designation of “bank stabilization.” In addition a planting concept for this Riparian Buffer area has been proposed, thus allowing for the reduced setback from Silver Lake for any impervious surface on-site to 30 feet. Planning Staff is satisfied that they have provided enough evidence to warrant the reduced setback from 100-feet to 30-feet. 5) The Silver Lake Commission reviewed this Application per the Zoning Ordinance, Article 3 Section 11.251 as the subject site is adjacent to Silver Lake. Their review discussion and recommendations are forthcoming. 6) Tree Plantings are required at a minimum density of one (1) tree per every 3,000 SF of Development Area. As the Site is 1.943 acres (84,637.08 SF) a minimum of twenty-nine (29) trees are required. Provide this specific calculation on the Plans also noting the existing number of trees and how many are intended to be retained on-site. 7) Provide further information as to the number of dumpsters that are to be provided and where, noting that the minimum required by the Zoning Ordinance is four (4) dumpster units. More information is needed as well as to the Dumpster Enclosure dimensions, materials, and 75

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 9 overall usage. 8) Provide details on the Opaque Barrier and show the both the fencing and landscaping components on the Site Plan. 9) Revise the plans wherever applicable to show that accommodation will be made to be ADA compliant, ensuring accessibility throughout the subject site. Accommodation should also be provided to allow pedestrian traffic a dedicated access point onto the Site. This should be done with a sidewalk connecting from the sidewalk along the North State Street frontage onto the site and to the main building. 10) Preliminary Title Sheet, Sheet PL-01: a. The scale noted for the Soils Map is incorrect. The scale noted is 1”=800’ but the scale depicted is 1”=400’. b. Include the Tree Planting and Landscape Requirements, both as minimum required and as proposed. This should include calculations based on overall Site Area. c. Note the Tax Parcel ID as ED-05-068.09-01-13.00-000 d. The “Current Zoning” is incorrect, as the zoning of the property is C-2A (Limited Central Commercial Zone, not RG-3 (Group Housing Zone). If there is no proposed Zoning Change than remove the “Current” and “Proposed” Zoning from the Plans. e. Note the previous use of the Site. f. Note if there is any existing impervious lot coverage. The impervious lot coverage figures should be listed both as a percentage and as square footage. g. Correct the number of proposed parking spaces. The Notes say (76) are proposed, however the Plans submitted only show (75) parking spaces. h. There is not a requirement for a restaurant of the proposed square footage to provide a loading berth. The requirement for a retail/service establishment use is to provide a minimum one (1) loading berth for the first 8,000-25,000 SF. i. Note the method of trash collection proposed. j. Note the number of dumpsters proposed. k. Note all bulk standards as existing (if applicable), required, and proposed. i) Correct the Side Yard Setback to read: “None required, but 5 feet min. if provided” ii) Correct the Rear Yard Setback to read: “ 20 above ground floor. At ground floor, 5 ft. required.” iii) Include the Item: “Side or rear yards which adjoin a residential zone (ft.): 25 ft.” l. The maximum building height is not (42) feet. Correct this figure and include the remaining bulk standards requirements pertaining to maximums permitted. 11) Existing Conditions Plan, Sheet PL-02: a. Note current impervious lot coverage, as well as any other existing bulk standards conditions. b. Note all features to be either demolished or removed. c. Note the existing number of trees as well as the number of trees to be removed. d. Identify the solid line shown that runs roughly parallel to the existing drive. e. Identify the notes on the Plan marked as “Wl A-1, WL A-2, WL A-3, etc.” 76

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 10 12) Preliminary Site Plan, Sheet PL-03: a. Specifically identify and label the location of all curbing on-site. b. Specifically identify the Opaque Barrier. c. Show on the Plan where ADA-accessible ramps will be provided 13) It is noted that the Applicant submitted a Performance Standards Review Letter with their Application; however per the Zoning Ordinance, a restaurant is a permitted use in the C-2A (Limited Central Commercial Zone), and a formal Performance Standards Review Letter is not required. 14) Signs are subject to a separate Sign Permit Review and approval process in the City of Dover. Note that Pylon signs are not permitted for this location. 15) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval by the Kent Conservation District must reflect the Site Plan layout and design conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and technical review requirements of other agencies. 16) The Final Plan set must include notes documenting any action taken by the Planning Commission on the requested waivers and must list any additional conditions of approval. IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Curbing: Unless the Applicant can provide further information as to how sheet flow will be impacted, Planning Staff recommends the minimum curbing be provided along the entirety of the site entrance where the entrance drive aisle wraps around to the first parking spaces to the north and south of the main entrance. Planning Staff also recommends that the 6-inch upright curbing be provided at least around the ends of the paved surfaces around the central island. The location of curbing and no curbing will continue to be evaluated as the stormwater management plan is refined. In all cases where the curbing is removed at the head of a parking space, the parking bumper should be implemented. 2) Dumpsters: The Plan is required to provide a minimum of four (4) dumpsters on site. The Dumpster enclosure is also required to completely shield any dumpster from view from any adjacent property or right-of-way. Given the proposed location of the Dumpster enclosure on the east side of the property nearer to The Overlook at Silver Lake subdivision, as well as the high usage of Dumpsters for the proposed use (restaurant), 77

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 11 Planning Staff recommends that the Dumpster enclosure be made of masonry. The masonry wall must meet minimum dimensions and compliment the aesthetics of the main building. The gates themselves must be opaque and should again compliment the overall aesthetic of the proposed main building. This Dumpster enclosure should in-turn be surrounded where possible by added landscaping to ensure it is aesthetically appealing. 3) Opaque Barrier: The Zoning Ordinance requires that the Opaque Barrier be implemented where the subject site is adjacent to residential use. However, given the proximity of the homes in the Overlook at Silver Lake subdivision to the proposed project, it is recommended that elements of the Opaque Barrier be implemented along the entirety of the east property line where other improvements do not otherwise impede it. This should involve an opaque fence where possible, but should also include additional, dense landscaping and tree plantings to shield the residents from the light and potential noise generated by the proposed use. X. ADVISORY COMMENTS TO THE APPLICANT: 1) The Dover Code of Ordinances includes provisions related to noise in Chapter 42, Section 42-2 Noise. The Restaurant developer/operator should become familiar with the limitations related to noise to remain in compliance. 2) It is advised that the C-2A (Limited Central Commercial Zone) allows for the mixed-use development of a site/building. Additionally, the bulk standards of the C-2A Zone allow for higher density development. Should the Applicant seek to revise the development to implement additional uses and/or higher density development, Planning Staff would be supportive of discussing these potential revisions should the Applicant so choose. 3) In the event that major changes and revisions to the Site Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the building, relocation of site components like stormwater management areas, and increases in floor area count. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 4) In the event that there are changes to the architecture, building footprint, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 5) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 6) Following Planning Commission approval of the Site Development Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. This process involves submission of Check Prints in order to achieve Final Plan approval. 78

Item 5. S-22-03 Restaurant at 801 North State Street DAC Report of March 9, 2022 Page 12 7) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 8) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 9) Construction may have an effect on the adjacent property owners and visitors. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 10) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance Article 5 §4. 11) The applicant shall be aware that Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 12) All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses from the Licensing and Permitting Division. 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. 79

Item 5. Michael R. Wigley, AIA, LEED AP W. Zachary Crouch, P.E. March 9, 2022 Michael E. Wheedleton, AIA Jason P. Loar, P.E. Ring W. Lardner, P.E. Jamie L. Sechler, P.E. City of Dover Planning Department P.O. Box 475 Dover, DE 19903-0475 Attn: Dawn Melson-Williams, AICP RE: El Azteca Preliminary Site Plan - Waivers Tax Map No.: ED-05-06809-01-1300 DBF #: 2916A22 Dear Mrs. Melson-Williams: On behalf of our client, Lopez Kent County, LLC., we are respectfully requesting a waiver for one (1) of the components of the Zoning Code. The requested waiver is from Article 6 Section 3.6b regarding all permanent parking areas shall be enclosed with upright concrete curb. We have provided curb around the building. We have omitted curb in areas of the parking and loading areas as we would like to sheet flow drainage across and into drainage swales. We have placed concrete wheel stops along all parking spots without curb to prevent any vehicles from leaving the pavement. If you have any questions or require additional information, please do not hesitate to contact me at (302) 424-1441 or via email at jls@dbfinc.com. Respectfully Submitted, Davis, Bowen & Friedel, Inc. Jamie L. Sechler, P.E. Principal ❑ 601 E. MAIN STREET, SUITE 100, SALISBURY, MD 21804-5021 • 410.543.9091 ❑ 1 PARK AVENUE, MILFORD, DE 19963 • 302.424.1441 ❑ 106 NORTH WASHINGTON ST, SUITE 103, EASTON, MD 21601• 410.770.4744 80 www.dbfinc.com

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 2, 2022 APPLICATION: Restaurant at 801 North State Street FILE #: S-22-03 REVIEWING AGENCY: City of Dover Department of Public Works and 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 SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2), 90-gallong recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. 3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. This will apply on the Court Street entrance only. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 81

Item 5. Restaurant at 801 North State Street File #: S-22-03 March 2, 2022 Page 2 of 4 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Water & Wastewater will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. A curb stop shall be installed on the property line behind the proposed fence line. The water meter pit shall be located two-feet (2’) behind the curb stop. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 82

Item 5. Restaurant at 801 North State Street File #: S-22-03 March 2, 2022 Page 3 of 4 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 8. Sanitary sewer laterals shall be connected directly to the main, not manholes, unless impracticable, as determined by the Department of Water & Wastewater. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures on the utility plan sheet to confirm compliance. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. None. WATER / WASTEWATER 1. Please provide an access point in the fence to allow staff to access the water service and wastewater lateral. ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees may be required to be paid prior to Certificate of Occupancy for this project. 83

Item 5. Restaurant at 801 North State Street File #: S-22-03 March 2, 2022 Page 4 of 4 WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Wastewater impact fees may be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. SANITATION / STORMWATER / STREETS 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 . 84

Item 5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 2, 2022 APPLICATION: Restaurant at 801 North State Street FILE #: S-22-03 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 85

Item 5. Restaurant at 801 North State Street File #: S-22-03 March 2, 2022 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 86

C F S-22-03 I IItem 5. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 03/02/22 D S O H V A E L APPLICATION: Restaurant at 801 North State St R FILE #: S-22-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is restaurant/assembly 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 25% and clearly shown on the plans. Perimeter Access minimum width shall be 10 feet for one-story buildings and 15 feet for buildings of two or more stories, measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5) Where parking is located between the building and perimeter access area, parking shall not be located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall for building of two or more stories. 87

Item 5. 5. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 6. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide 7. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 8. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 9. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 10. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation 88

Item 5. lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 11. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 12. NFPA 72 compliant Fire Alarm System required per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 13. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. 89

Item 5. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. 90

Item 5. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 14. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five- inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 15. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 16. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 17. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 91

Item 5. 18. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 19. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key 92

Item 5. box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 20. All required means of egress shall have an exit discharge consisting of a non-slip surface and leading to and terminating at a public way. NFPA 101 21. Project to be completed per approved Site Plan. 22. Full building and fire plan review is required. 23. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 24. Construction or renovations cannot be started until building plans are approved. 25. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 26. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 27. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties: Section 1. - Building permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for penalties). 93

Item 5. 1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer. 1.2 No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning commission, except upon approval of such plans approved by the said commission. 1.21 No building permit shall be issued for any building in a subdivision unless the subdivision plot has been approved by the planning commission. 1.3 No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the planning commission, unless and until such approval has been duly granted by the said commission. (Ord. of 7-12-1993, § 3) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Please confirm that item # 4 listed above is in compliance. 2. A discussion needs to take place regarding a fire hydrant (distance and location) 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. 94

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Restaurant at 801 North State Street FILE#: S-22-03 REVIEWING AGENCY: DelDOT CONTACT PERSON: Ryan Schroder PHONE#: (302) 760-2674 =============================================================== 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. Pre-Submittal meeting is scheduled for 3/14/22 2. AWS & OI Memo is being drafted. An AWSF will be paid in lieu of a TIS. 3. It is expected that DelDOT Development Coordination will need to review and approve the development through the Record Plan and Entrance Plan reviews. 95

KENT CONSERVATION DISTRICT Item 5. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY MARCH 2022 APPLICATION: Restaurant at 801 North State Street FILE #: S-22-03 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE: (302) 608 – 5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. A SAS (Stormwater Assessment Study) submittal and pre-application meeting are required unless waived. 2. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to the District’s office. 3. A soils investigation in the proposed Stormwater facility areas is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. 4. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 2. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 3. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 96

Item 5. Michael R. Wigley, AIA, LEED AP W. Zachary Crouch, P.E. March 9, 2022 Michael E. Wheedleton, AIA Jason P. Loar, P.E. Ring W. Lardner, P.E. Jamie L. Sechler, P.E. City of Dover Planning Department P.O. Box 475 Dover, DE 19903-0475 Attn: Dawn Melson-Williams, AICP RE: El Azteca Preliminary Site Plan - Waivers Tax Map No.: ED-05-06809-01-1300 DBF #: 2916A22 Dear Mrs. Melson-Williams: On behalf of our client, Lopez Kent County, LLC., we are respectfully requesting a waiver for one (1) of the components of the Zoning Code. The requested waiver is from Article 6 Section 3.6b regarding all permanent parking areas shall be enclosed with upright concrete curb. We have provided curb around the building. We have omitted curb in areas of the parking and loading areas as we would like to sheet flow drainage across and into drainage swales. We have placed concrete wheel stops along all parking spots without curb to prevent any vehicles from leaving the pavement. If you have any questions or require additional information, please do not hesitate to contact me at (302) 424-1441 or via email at jls@dbfinc.com. Respectfully Submitted, Davis, Bowen & Friedel, Inc. Jamie L. Sechler, P.E. Principal ❑ 601 E. MAIN STREET, SUITE 100, SALISBURY, MD 21804-5021 • 410.543.9091 ❑ 1 PARK AVENUE, MILFORD, DE 19963 • 302.424.1441 ❑ 106 NORTH WASHINGTON ST, SUITE 103, EASTON, MD 21601• 410.770.4744 97 www.dbfinc.com

Item 5. 98

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Item 5. Area Building Area: 6774 SF Covered Patio: 907 SF Tortilla Making Merch. Storage Storage Office Mechanical 119 Dish Room 113 114 116 117 Retail/To Go 102 112 Seats Entry 101 Dining: 212 Wait Support 111 Bar Seats: 24 Total: 236 Tortilla Dining 103 Cooler c Kitchen Mens Prep & Pickup Prep Dry Goods/Commisary 109 104 110 115 118 Womens 105 Freezer b Main Dining 106 Keg Cooler a Private Event 107 El Azteca Dover 3 Season Bar Patio Bar 002 108 Event Patio 001 Floor Plan & Renders Level 1 Copy 1 1 1/8" = 1'-0" REV REV DATE DESCRIPTION Firm Name and Address : Lighthouse Construction, Inc. 859 Golf Links Lane, Suite 1 Magnolia, DE Project Name and Address : El Azteca Dover 801N State Street Dover, De 19901 Project : Sheet : El Azteca Dover Date : Issue Date A100 Front Entrance Outdoor Dining 2 3 Scale : 12" = 1'-0" 12" = 1'-0" As indicated 102

Item 5. 103

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Item 6. City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 9, 2022 PLANNING COMMISSION MEETING OF March 21, 2022 Plan Title: Raymond Street and Railroad Avenue Street Improvements, S-22-04 Plan Type: Site Development Plan Location: North of College Road and East of the Lands of Delaware Railroad Rights of Way: Raymond Street (portion of) Railroad Avenue Tax Map #: Rights-of-way in the vicinity of parcels ED-05-067.00-02-53.00-000 and ED-05-067.00-02-56.00-000 Applicant: Patel College Properties, LLC and Patel Excess College Road, LLC Site Area: unknown Zoning: N/A Proposed Use: Paved streets with a 24 ft. roadway Sewer & Water: City of Dover Waiver Requests: Reduction of the Minimum Street Right-of-Way Width Increase in Maximum Length of a Dead-end Street (Cul-de-Sac) Elimination of Sidewalk on One Side of a Public Street P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 105

Item 6. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 9, 2022 APPLICATION: Raymond Street and Railroad Avenue Street Improvements FILE #: S-22-04 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Samantha Bulkilvish, AICP PHONE: 302-736-7196 I. PLAN SUMMARY This application is for review of a Site Development Plan Application to permit the construction of street improvements in the Rights-of-Way of Railroad Avenue and Raymond Street. These improvements include paved roadways, curbing, sidewalks, and utility infrastructure (water, sewer, and stormwater drainage). Raymond Street is proposed to be extended west as a 24 ft. paved width roadway to intersect with Railroad Avenue. Railroad Avenue is proposed to be constructed as a 24 ft. paved width roadway extending to the north and ending in a cul-de-sac. Portions of the surrounding properties totaling 0.61 acres and owned by Patel College Properties, LLC and Patel Excess College Road, LLC are being dedicated to the City of Dover for the expansion of Right-of-Way. The right of way and property to be dedicated as right-of-way is located north College Road and directly east of the Lands of Delaware Railroad. The property is in the vicinity of Tax Parcels ED-05-067.00-02-53.00-000 and ED-05-067.00-02-56.00-000. II. PROJECT DESCRIPTION The subject property is located north of College Road and east of the Lands of the Delaware Railroad. The applicant has proposed street improvements for the extension of Raymond Street and the construction of Railroad Avenue in this area. The applicant hopes to be able to provide street access to the parcels they own to the north of Raymond Street and the east of Railroad Avenue for future development. The Plan proposes the realignment and continuation of Raymond Street for a distance of approximately 525 feet and the construction of Railroad Avenue for a distance of approximately 700 feet ending in a cul-de-sac. The plan also proposes the dedication of right-of-way of a width of 25 ft. along the entire frontage of the properties along the north side of Raymond Street to the west of Mishoe Towers Apartments and to the east of the Railroad Avenue right-of-way. This will bring the total right-of-way along these portions of Raymond Street and Railroad Avenue to 60 feet in width. III. PREVIOUS APPLICATION – Annexation The subject property was recently annexed into the City of Dover. The Annexation application was meant to clarify if the Rights-of-Way of Raymond Street (aka Jason Street), Grove Street, and Railroad Avenue were in the City Limits of the City of Dover. The right-of-way was originally documented in a subdivision plat of “The College Settlement Company” of 1899. Over 106

Item 6. S-22-04 Raymond Street and Railroad Avenue Street Improvements Final DAC Report of March 9, 2022 Page 2 the years many properties in the vicinity were annexed into the City, but it was unclear if the Rights-of-Way were included. The Application went to Planning Commission in November 2021 and was referred to City Council on December 13, 2021, where Ordinance #2021-23 was adopted for the annexation clarification of the Rights-Of-Way of Raymond Street, Grove Street, and Railroad Avenue totaling 1.6791 acres +/-. IV. SITE CONSIDERATIONS The plat of this area (The College Settlement Company) of 1899, depicted the street rights-of- way at a width of 35 feet. The development in the area has shaped the space for development of the right-of way. The area does not accommodate the space required under the Street Design guidelines of todays Subdivision Regulations. Therefore, a series of waivers have been requested made possible under Article VII. Special Provisions, Section A. Variance and waivers. Any subdivision waivers are recommended to City Council’s Safety Advisory and Transportation Committee who make a recommendation to City Council for a final decision. Streets and Sidewalks The proposed plans show a 24-foot paved width roadway with upright curbing on both sides. There will be no on street parking permitted in this area. Request for Waiver: Reduction of Street Right-of-Way Width The Street right-of-way is required to be a minimum of 60 feet (Land Subdivision Regulations, Article VI §A13.1). The Plan shows the dedication of land for the purpose of increasing the right-of-way width to 60 feet where possible by the applicant. The applicant is seeking relief from this right-of-way width requirement in areas along Raymond Street where they do not own the land on either side of the right-of-way. The applicant has submitted a waiver request for the reduction of street right-of-way from 60 feet to 35 feet. Requests for Waiver: Length of Dead-end Street The Plan shows the proposed construction of Railroad Avenue, a 24 ft. wide roadway, for a length of approximately 700 feet ending in a cul-de-sac. The applicant has proposed the extension to this length so that they can reach their properties and allow for two interconnections into their future development. They have decided to not extend it to the property line to the north as the property to the north is owned by the State of Delaware and is not currently in the City limits. The maximum length of a dead-end (cul-de-sac) street is 400 feet. (Land Subdivision Regulations, Article VI §A15). The applicant has submitted a waiver request for street length for consideration; see attached request. Requests for Waiver: Elimination of Sidewalk on One Side of a Public Street Land Subdivision Regulations, Article VI §B states that sidewalks should extend from the building line to the curbline and be a width of 5 feet. Zoning Ordinance, Article 18 also discusses ‘pathway’ sidewalk installation requirements along public street frontages. On Streets where the distance from the building line to the curbline is more than ten feet, the outside edge of the sidewalk shall be located three feet from the curbline. It is assumed that this is for each side of the street since a street has a curbline on both sides. The Plan shows sidewalk on the east side of Railroad Avenue. On the west side of Railroad Avenue, the Right-of-Way is adjacent to the railroad corridor which prevents any further development along the west side of the Railroad 107

Item 6. S-22-04 Raymond Street and Railroad Avenue Street Improvements Final DAC Report of March 9, 2022 Page 3 Avenue Right-of-Way. There is also sidewalk proposed on the north side of Raymond Street from Railroad Avenue to the property line of Lands of Apartments at Mishoe Cove, LLC. On the south side of Raymond Street the sidewalk is proposed from the corner of Mishoe Street west to the intersection of Railroad Avenue and Raymond Street where a crosswalk is proposed to cross Raymond Street to continue north on the sidewalk on Railroad Avenue. The applicant has submitted a waiver request for the elimination of sidewalk on the west side of Railroad Avenue. Utilities Utilities are roughly shown on the plan. Currently the existing watermain falls outside of the right- of-way on the property of the Lands of Apartments at Mishoe Cove, LLC. A 15’ utility easement is shown so that the watermain can be accessed and extended into the right-of-way and continued westerly along the right-of-way of Raymond Street and then northerly along the right-of-way of Railroad Avenue. The Sewer and stormwater catchment system follows a similar route although they are all contained within the right-of-way. It is unclear how and where the stormwater will be managed. Lighting In addition to the street and sidewalk guidelines in the Land Subdivision Regulations, street lighting is also required. The Plan does not currently show the location of existing or proposed lighting. Shade Trees The Land subdivision Regulations references street trees but does not list specific spacing requirements. Shade trees are required to be located so as not to interfere with utilities or sidewalks and shall be of the type recommended by the city tree commission. The Plan shows that some shade trees are to be removed by the realignment of Raymond Street. There are no proposed trees shown on the plans. Pedestrian Crossings Key board style crosswalks are shown on the plans near street intersections. This is important for the safety of pedestrians in this area. V. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with the agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Recommendations on Subdivision Waivers: a) Waiver from the Minimum Right-of-Way Width: Staff notes that the applicant is proposing to make the Right-of-Way 60 feet along the length of Railroad Avenue and Raymond Street that are adjacent to their properties by dedicating additional right-of-way to the City of Dover. There is a portion of Raymond Street that they are proposing improvements to that will remain at the 35 feet width at which it was platted. The right- of-way of Raymond Street cannot be expanded without dedication of right-of-way from additional property owners. 108

Item 6. S-22-04 Raymond Street and Railroad Avenue Street Improvements Final DAC Report of March 9, 2022 Page 4 b) Waiver from Maximum Dead-end Street Length: Staff notes that the length of the cul- de-sac street requested is almost double the maximum length allowed by the Land Subdivision Regulations. This length of Railroad Avenue is showing two potential site access points to a future development project on the properties owned by the applicant. There is no way to connect this road to an existing network to the north as the property to the north is heavily wooded and owned by the State of Delaware. The property to the north is also outside of the City of Dover city limits. To the west the street is bounded by the Railroad Corridor where opportunity for an additional crossing is unlikely. The applicant has proposed a cul-de-sac at the terminus. c) Waiver for the Elimination of Sidewalk on One side of a Public Street: Staff notes that the applicant is proposing the elimination of sidewalk on the west side of Railroad Avenue and for a short distance on the north side of Raymond Street where they do not own the property to dedicate enough right of way to construct a sidewalk. Staff is in support of this waiver as the Right-of-Way for Railroad Avenue is directly adjacent to the Railroad Corridor and therefore would prevent any further development to the west needing a pedestrian connection. They are providing sidewalk on the east side of Railroad Avenue where they plan to develop the land in the future. 2) Cover Sheet SK-1001: a) General Notes: i) Include the current impervious coverage and proposed impervious coverage. ii) Include the total area of right-of-way before dedication of 0.61 acres. b) On the drawing: i) Revise the site location on both Location inset maps. ii) Revise the location of the crosswalk near the corner of Railroad Avenue and Raymond Street. The stop bar should be before the crosswalk in the direction the traffic is traveling. iii) Identify if there will be an ADA ramp at the southwest corner of Mishoe Street and Raymond Street. iv) Show the zoning of all adjacent properties. v) Adjust property labels for the two properties at the bottom left corner of the plans to make them completely legible. vi) Show the location of possible streetlights. vii) Show location of “No On Street Parking” signs. c) Include a planting plan showing the location of proposed street trees and types with counts. 3) Provide a details sheet to show details of proposed stop signs, no parking signs, crosswalks, etc. VI. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed 109

Item 6. S-22-04 Raymond Street and Railroad Avenue Street Improvements Final DAC Report of March 9, 2022 Page 5 intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Stormwater Management: Continued work should be done to communicate with the Kent Conservation District and the City of Dover Public Works Department to identify how storm water flow will be managed from the construction of these Street Rights-of-Way and any future development. VII. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the request for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may recommend approval or denial of the waiver requests. The waivers will then be reviewed by the Safety Advisory and Traffic Committee of the Council Committee of the Whole and they will make a recommendation to City Council who will ultimately decide if the waivers are to be approved or denied. 2) In the event, that major changes and revisions to the Site Development Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. Examples include relocation of site components like paving, curbing, and sidewalks. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the Plan. 3) Following Planning Commission approval of the Site Development Plan and Record Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and the other commenting agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement (Final Plan Approval). The Record Plan must be recorded at the Kent County Recorder of Deeds and a copy returned to the Planning Office prior to Final Site Plan approval. 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 5) The applicant shall be aware that Site Development Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 6) In the event that there are changes to the street design layout contact the Planning Office. These changes may require review by the Planning Commission. 7) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and 110

Item 6. S-22-04 Raymond Street and Railroad Avenue Street Improvements Final DAC Report of March 9, 2022 Page 6 permits are required. 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. 111

Christiana Executive Campus 121 Continental Drive, Suite 207 Item 6. Newark, DE 19713 T: 302-655-4451 F: 302-654-2895 www.pennoni.com March 10, 2022 PLAWX19001 Ms. Samantha Bulkilvish, AICP Planner II City of Dover Planning Dept. 15 Loockerman Plaza Dover, DE 19901 RE: RAYMOND STREET & RAILROAD AVE STREET IMPROVEMENTS SITE PLAN APPLICATION – WAIVER REQUESTS FILE NO. S-22-04 Dear Ms. Bulkilvish: On behalf of the applicants, Patel College Properties, LLC and Patel Excess College Road, LLC, we are hereby submitting this list of requested design waivers from the City of Dover Code of Ordinances in support of the above referenced project per your request: 1) Appendix A – Subdivisions, Article VI.A.13.1 – To allow a right-of-way width on proposed streets of less than 60 feet. The street right of way is required to be 60 feet wide. Portions of Raymond Street right- of-way will be 35 feet wide as originally platted in 1899. The applicant is requesting relief from the right of way width requirement along the portions of Raymond Street where they do not own property and are unable to dedicate additional land to the City of Dover for this purpose. The applicant is dedicating the necessary right-of-way where they do own property along the streets. 2) Appendix A – Subdivisions, Article VI.A.15 – To allow dead end street length of greater than 400 feet. The maximum allowable dead-end street length is 400 feet. 738 feet is being proposed along Railroad Ave. as measured from its intersection with Raymond Street. The proposed length is required to reach the developable portions of the site and provide two potential entrances. The street is not able to be connected to other streets to avoid a dead-end situation as it is limited by the existing railroad right of way to the west, and undeveloped lands to the north that are owned by the State of Delaware and are not incorporated in the City of Dover. 3) Appendix A – Subdivisions, Article VI.B – To allow proposed streets with sidewalk proposed along only one side. Sidewalk is required on both sides of proposed streets. The applicant requests elimination of the sidewalk on the west side of Railroad Avenue as it directly borders the existing railroad right of way and offers little benefit as the lands to the west side of the road cannot be developed due to the presence of the railroad. A sidewalk connection is being provided on the east side of Railroad Avenue. Sidewalk is being provided along a portion of the north side of Raymond Street where the applicant is able to offer right-of-way for dedication. Sidewalk cannot be provided along the remaining northern portions of Raymond Street as it is held in private ownership by Mishoe Cove Apartments. Sidewalk is being proposed along the entire south side Raymond Avenue between Railroad Avenue and Mishoe Street with a crosswalk connection to the sidewalk on the north side of Raymond. Sidewalk along the south side connects directly to existing sidewalk along Mishoe Street. 112

PLAWX19001 March 10, 2022 Page 2 City of Dover Planning Raymond St & Railroad Ave Street Improvements Item 6. Please feel free to reach out to me with any questions or additional items you may need. I am available by email at grishel@pennoni.com or by phone at 302-351-5259. Respectfully submitted, PENNONI ASSOCIATES INC. Gregory R. Rishel, PLA Senior Landscape Architect/Division Manager Attachments cc: Dominic Balascio Dawn Melson-Williams Doug Barry 113

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 2, 2022 APPLICATION: Raymond Street and Railroad Avenue Street Improvements FILE #: S-22-04 REVIEWING AGENCY: City of Dover Department of Public Works and 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 SANITATION 1. None. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. Required material of stormwater pipe shall be reinforced concrete pipe (RCP). 3. Submerged pipe inlets to ponds may only be permitted if they are so designed that the permanent pool elevation of the storm water management area doesn’t surcharge back into the City of Dover’s storm drain structures and system. 4. The City of Dover Department of Public Works specifications require all culverts to be designed for the 25-year storm frequency and all storm sewers to be designed for the 10-year storm frequency. The Manning’s equation shall be utilized in design as applicable. Storm sewers are required to provide a minimum full flow velocity of 2 fps. Provide the calculations for each proposed pipe segment that, at a minimum, include: upstream and downstream inverts, upstream and downstream ground elevations, and ground cover provided; pipe slope, length, material, n value, and diameter; design flow, depth and velocity; and full flow and velocity. 5. The City of Dover Department of Public Works specifications require that all inlets (catch basins) be designed for the 10-year storm frequency (25-year storm frequency for sump conditions) and that the spread of water shall not exceed eight feet (8’) from the flow line of the curb. The design must also meet the requirement that the hydraulic grade line may be no higher than one foot (1’) below the top of the inlet. Provide the calculations for each proposed catch basin utilizing flows determined by each catch basin’s contributory drainage area, for the appropriate storm frequency. Spread, depth of flow and hydraulic grade line data for each inlet must also be included. Any carryover should also be noted and included at appropriate downstream catch basins as applicable. 114

Item 6. Raymond Street and Railroad Avenue Street Improvements File #: S-22-04 March 2, 2022 Page 2 of 5 6. Provide all stormwater management calculations and erosion and sedimentation control plan as required by Article 5, Section 11.2 and 11.2 of the City of Dover Zoning Ordinance. Ensure that individual lot grading, house locations with finished floor elevations, and driveway locations and grades are provided on the plans in order to verify the adequacy of the design. The provided information should also show adequate conveyance of runoff from each lot. 7. Please provide documentation that the downstream stormwater system has the capacity to receive the additional flow. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. 3. It shall be unlawful for any person to alter the curb of any street so as to create a curb depression for the purpose of permitting vehicles to enter onto or exit from the city streets, without a permit issued by the city manager. 4. When determined to be necessary, dead-end streets, designated to be so permanently, shall not be longer than 400 feet and shall be provided at the closed end cul-de-sac with a turnaround having an outside roadway diameter of 80 feet and a street right-of-way diameter of 100 feet. In no instance shall more than 20 percent of the lots in a proposed development front on the turnaround section of a cul-de-sac. 5. Streets shall be laid out so as to intersect as nearly as possible at right angles. The inner right-of-way line of a street intersecting another street at an angle of less than 90 degrees shall be tangent to and follow a curve with a minimum radius of 150 feet centered on the nearest right-of-way line and shall be parallel to said inner right-of-way line. 6. Street right-of-way lines deflecting from each other at any point shall be connected with a curve, the radius of which, for the centerline of the right-of-way, shall not be less than 500 feet on arterial streets, 300 feet on collector streets and 150 feet on minor streets. The outer and inner right-of-way line shall be parallel to said center right-of-way line. 7. Street rights-of-way lines at intersections shall be connected with a curve, the radius of which shall be at least 25 feet. The required radius may be increased by the city engineer if the increased radius is necessary for public safety. 8. Street grades shall not exceed five percent. 9. Street grades shall not be less than one-half percent wherever feasible. 10. Please locate the stop bar prior to the crosswalk. 11. Street profiles must be provided with the construction plans. 12. All streets to be dedicated to the City must meet the City of Dover Department of Public Works specifications. a. Pavement sections must be designed based upon poor soil conditions unless soil boring data is provided showing otherwise. Structural number calculations must be submitted for review and a pavement cross section detail must be included within the plan set. b. All curbing within the right-of-way shall be DelDOT Type III curb and gutter. All curb radii must be labeled on the plan. In particular, a minimum radius of twenty-five feet (25’) must be provided at all street intersections. A construction detail of the Type III curb and gutter must be provided on the plan. c. Sidewalk proposed within the right-of-way shall be constructed as per the City of Dover Standards and Specifications. All sidewalks must be poured by hand; curb machine slip formed sidewalks will not be permitted. The sidewalk must be scored in five feet (5’) squares using hand tooled joints. All tool marks shall be removed as tool finished edges are not permitted. Expansion joints shall be installed at a spacing of twenty feet (20’) and shall be precut, one-half inch (½ “) thick, four-inch (4”) wide, cork sheets. All sidewalk proposed within the right-of-way shall consist of Class B concrete, without reinforcing material, in order to prevent future interference with utility locating. The proposed five feet (5’) wide public sidewalk shall be installed 5 feet from the back of curb. The sidewalk cross slope shall not exceed 2% including across the driveways to ensure ADA and FHA compliance. A sidewalk construction detail containing the above information must be provided on the plan. 115

Item 6. Raymond Street and Railroad Avenue Street Improvements File #: S-22-04 March 2, 2022 Page 3 of 5 d. All barrier free access ramps and driveway aprons constructed with the site improvements shall be in accordance with the most current ADA and DelDOT requirements and standards at the time of construction. To meet cross slope requirements a five feet (5’) wide grass strip must be provided between a five feet (5’) sidewalk and the curb. e. Signage and markings must be included with the site plan in accordance the Manual for Uniform Traffic Control Devices. Signage proposed for streets to be dedicated to the City of Dover must be included on the plan (no parking signs, speed limit signs, street blades, stops signs, watch children, etc.) All signs must be installed on two-inch (2”) square break away sign posts. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. All water mains within the proposed subdivision must be looped. No dead end mains are permitted. The utility plan must incorporate the appropriate termination valves on the water system between construction phases. 4. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. All water mains shall be cement lined Class 52 cement lined ductile iron pipe, if construction occurs after May 1, 2022, DR 18 PVC pipe may be used as a material for water mains. Division valves must be provided every 800 feet. 5. Water service lines shall be shown for each residential lot meeting the following requirements: The water services shall be one- inch (1”) diameter Type K copper tubing, or SDR 9 if constructed after May 1, 2022, and installed five feet (5’) to the right of the sewer lateral as viewed from the center line of the street. Curb stops shall be installed one foot (1’) outside of the right-of-way for each lot. A water meter and meter pit must be installed on the domestic water service, in a non-traffic bearing location just downstream of the curb stop. 6. Fire hydrants shall be spaced no greater than 600 feet as measured along the curb. Fire hydrants shall be placed between the curb and sidewalk at intersections or centered on lot lines. Fifteen feet (15’) separation must be provided between all hydrants and hydrant valves. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, 116

Item 6. Raymond Street and Railroad Avenue Street Improvements File #: S-22-04 March 2, 2022 Page 4 of 5 uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. All sanitary sewer mains shall terminate at manholes between construction phases. This may require sewer lines to extend beyond the proposed phase lines to the next manhole. 4. Minimum slope criteria shall meet Ten States Standards. Provide flow calculations to justify sizing of the sewer mains, showing that velocity requirements are met. Waiver requests must be approved by the Department of Public Works. 5. The desired location for sewer mains is under the centerline of the street. One-tenth of a foot (0.1’) drop must be provided across all manholes. The minimum slope for eight-inch (8”) sanitary sewer pipe is 0.004 feet/feet. Minimum cover is 3.0 feet. 6. Sanitary sewer manholes shall be spaced no more than 400 feet apart. 7. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 8. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 9. Sanitary sewer laterals shall be shown for each residential lot meeting the following requirements: The sewer laterals shall be six-inch (6”) diameter schedule 35 PVC and, where practicable, installed to the center of each lot. Sewer laterals shall be connected directly to the main, not manholes, unless impracticable. Sewer laterals are to be installed one foot (1’) beyond the right-of-way line at a typical depth of three feet (3’), preferably not exceeding five feet (5’). Cleanouts shall be installed one foot (1’) outside of the right-of-way for each lot. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures on the utility plan sheet to confirm compliance. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 117

Item 6. Raymond Street and Railroad Avenue Street Improvements File #: S-22-04 March 2, 2022 Page 5 of 5 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. 3. Dedication of this infrastructure will not take place until the future development (apartment building) is completed. The final wearing course of this road shall not be installed until it is ready for dedication. SANITATION / STORMWATER / STREETS 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 . 118

C F S-22-04 I IItem 6. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 03/02/22 D S O H V A E L APPLICATION: Raymond Street and Railroad Avenue Street Improvements R FILE #: S-22-04 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 site development plan application for the proposed construction of street improvements in the Rights of Way of Raymond St and Railroad Avenue. 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. 3. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 4. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides 119

Item 6. Alley 12 feet wide 5. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 6. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 7. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 8. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 9. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 120

Item 6. GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 10. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, 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) 11. Project to be completed per approved Site Plan. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Confirm that the Cul-de-sac is in compliance with the 2021 Delaware State Fire Prevention Regulations 2. Street width doesn’t allow parking (24’), and 35’ allows parking on one side proper marking will be required 3. A discussion regarding hydrant placement/spacing needs to take place 121

Item 6. 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. 122

Item 6. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 2, 2022 APPLICATION: Raymond Street and Railroad Avenue Street Improvements FILE #: S-22-04 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 123

Item 6. Raymond Street and Railroad Avenue Street Improvements File #: S-22-04 March 2, 2022 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 124

Item 6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Raymond Street and Railroad Avenue Street Improvements FILE#: S-22-04 REVIEWING AGENCY: DelDOT CONTACT PERSON: Ryan Schroder PHONE#: (302) 760-2674 =============================================================== 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. DelDOT has no comments regarding improvements to city-maintained streets. 125

KENT CONSERVATION DISTRICT Item 6. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY MARCH 2022 APPLICATION: Raymond Street and Railroad Avenue Street Improvements FILE #: S-22-04 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE: (302) 608 – 5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. A Stormwater Assessment Study (SAS) and pre-application meeting are required. 2. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to the District’s office. 3. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. A soils investigation in the proposed Stormwater facility areas is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. 2. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 3. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 4. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 126

Item 6. CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: Organization APPLICATION: Raymond Street and Railroad Avenue Street Improvements FILE #: S-22-04 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: James Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 3/22/2022 Project Review S-22-04 Raymond Street and Railroad Avenue Street Improvements This site is adjacent to the DELMARVA Secondary railway. The Dover/Kent County Metropolitan Planning Organization (MPO) completed a study in 2018 identifying site adjacent to the railway that may be preserved for industrial or heavy commercial, rail-dependent uses. Based upon guidance from the project sponsor, the MPO considered only parcels that were at least 6 acres or larger. The MPO has again been asked to catalogue sites along the railway but without limitation of size or zoning so that all sites with rail access may be considered for a rail-dependent use. There appears to be sufficient area in the general location of the application to fit a rail spur and locate such a use on this site. The study is in process now and scheduled to be completed on or about July 1. Any questions on the study may be directed to Jim Galvin of the MPO at 302-387-6030. 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. 127

Item 6. 128

Item 6. PENNONI ASSOCIATES INC. Limits of former Atlantic Coast Environmental (A.C.E.) Facility subject to an Environmental Covenant with DNREC as recorded in DB Christiana Executive Campus 6009, PG 132 & 140. SITE Map #: 2-05-06700-02-5500-00001 SITE NORTH 121 Continental Drive, Suite 207 NORTH Owner: PATEL EXCESS COLLEGE Newark, DE 19713-4310 ROAD LLC Deed Reference(s): D 6009 0140 D 5983 0056 D 0649 0110 L=35.93', R=25.00' T 302.655.4451 F 302.654.2895 TH CB=S75° 51' 11"E O N R CL=32.91' LEGEND R25' D=082°20'16" ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR R50' RIGHT-OF-WAY / PROPERTY LINE W/ MONUMENT A TOTAL OF 0.61 ACRES RIGHT-OF-WAY CURB R40' IS PROPOSED TO BE DEDICATED TO THE CITY OF DOVER SIDEWALK 15+39 35' POTENTIAL SITE ACCESS POINT SIGN AND OWNER MUST BE NOTIFIED OF ANY 15+00 L=126.12', R=50.00' CB=S44° 45' 44"E UTILITY POLE AND LIGHT CL=95.24' FH D=144°31'11" HYDRANT PROPOSED CATCH 5 MAJOR CONTOUR BASIN TYP. CUL-DE-SAC 4 MINOR CONTOUR R25' WATER LINE L=27.13', R=25.00' DISCREPANCIES BEFORE PROCEEDING WITH WORK CB=S03° 35' 36"E UNDERGROUND GAS LINE CL=25.82' D=062°10'55" SANITARY SEWER 14+00 PROPOSED FIRE HYDRANT (MAX. 800' SPACING) OVERHEAD ELECTRIC LINE LOCATION MAP LOCATION MAP 24' PROP. CARTWAY UNDERGROUND ELECTRIC LINE Scale: 1" = 400' Scale: 1" = 1200' UNDERGROUND TELECOMM LINE PROPOSED STORM SEWER 5 FT WIDE SIDEWALK (ONE UNDERGROUND COMMUNICATIONS LINE SIDE ONLY) Map #: 2-0 MANHOLES 5-0 RAYMOND STREET & RAILROAD AVENUE 6 7 0 0 Ow -02-5400-0 n e VALVES r: P A 0001 T PROPER EL COLLEGE OWNER OF RECORD: STREET IMPROVEMENT SITE PLAN INLET S e c TIE S Map #: 2-05-06700-02-5600-00001 o Owner: P LLC n CITY OF DOVER 13+00 d a ry Owner: PATEL COLLEGE PROPERTIES LLC TREE 15 LOOCKERMAN PLAZA Secondary Owner: PATEL EXCESS COLLEGE ROAD LLC COL ATEL EX Deed Reference(s): D 0649 0106 DOVER, DE, 19901 Deed RefeLEGE ROAD LLC CESS PATEL EXCESS COLLEGE ROAD LLC & re PROPOSED RIGHT OF WAY LINE W/ MONUMENT n c APPLICANT: ' 1049.56 e (s ): 0649 010 D 5983 0056 D PROPOSED CONCRETE CURB 3171 DUPONT HIGHWAY, SUITE B PATEL EXCESS COLLEGE ROAD LLC & 6 PROPOSED EASEMENT LINE ---- PATEL COLLEGE PROPERTIES LLC '03" W PROPOSED DEDICATION TO CITY OF DOVER C/O DOMINIC BALASCIO (AUTHORIZED REPRESENTATIVE) PROPOSED SANITARY SEWER 3171 DUPONT HIGHWAY, SUITE B Railro PROPOSED FULL DEPTH ROAD SECTION N 34°41 ' TOWNSEND, DE 19734 1481.10 a d A 12+00 venue (3 PATEL COLLEGE PROPERTIES LLC CITY OF DOVER, DELAWARE PLAN PURPOSE: TOWNSEND, DE 19734 '03" W 5' THE PURPOSE OF THIS PLAN IS TO SHOW PROPOSED IMPROVEMENTS WITHIN THE EXISTING N 34°41 RAYMOND STREET AND RAILROAD AVENUE RIGHTS-OF-WAY WHICH INCLUDES POTENTIAL SITE ACCESS POINT RIGHT-OF-DEDICATIONS AND PROPOSED STREET CONSTRUCTION AND EXTENSION. Wide) WAIVER REQUESTS: PROPOSED ADA RAMP WITH CROSSWALK 11+00 PROPOSED FIRE HYDRANT 1. APPENDIX A, ARTICLE VI.A.13.1 - TO ALLOW RIGHT OF WAY ON PROPOSED STREET LESS (MAX. 800' SPACING) THAN 60' WIDE (35' EXISTING). 2. APPENDIX A, ARTICLE VI.A.15 - FOR DEAD END STREET GREATER THAN 400 FEET IN Map #: 2-00-06700-01-1700-00001 Owner: MISHOE, WILMA LENGTH (738 FT PROPOSED ON RAILROAD AVE). '03" E Deed Reference(s): D 6648 0198 C 0054 0162 3. APPENDIX A, ARTICLE VI.B - FOR NOT PROVIDING SIDEWALKS ON BOTH SIDES OF A 597.01' PROPOSED PUBLIC STREET. Map #: 2-0 S 34°41 5-0 Owner: P 6700-02-5300-00 PROPOSED WATER MAIN GENERAL NOTES: BY ATEL CO LLEG 001 PROJECT STATUS: ---- 10+00 N 45°23'57" E 1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT WAS TAKEN FROM DOCUMENTS OF PR PUBLIC RECORD IN ADDITION TO AN ACTUAL FIELD SURVEY BY PENNONI ASSOCIATES, Deed RefeOPERTIES LLC E 36.00' INC. ON 8/2021 THROUGH 12/2021. Grove Street re n 5983 006 ce(s): D 6009 0132 (35' Wide) 2. THIS SURVEY DOES NOT VERIFY TO THE LOCATION AND/OR EXISTENCE OF EASEMENTS OR RIGHT OF WAYS CROSSING SUBJECT PROPERTY AS NO TITLE SEARCH WAS 1 D 0649 D PROVIDED. PLOTSTYLE:Pennoni NCS.stb 0106 200.00' 3. SURVEY CLASSIFICATION: SUBURBAN. ' 200.00 Map #: 2-05-06707-01-0100-00001 REVISIONS Map #: 2-05-06707-01-0200-00001 4. TOPOGRAPHY SURVEY WAS PERFORMED ON 8/2021 THROUGH 12/2021 BY PENNONI Owner: APARTMENTS AT MISHOE COVE LLC PORTIONS OF EXISTING Owner: APARTMENTS AT MISHOE COVE LLC '03" E Deed Reference(s): D 6657 0294 C 0054 0162 ASSOCIATES AND THE SOURCE OF TOPOGRAPHY WAS DONE WITH GPS AND IS IN S 34°2 9+00 CARTWAY FALL OUTSIDE OF Deed Reference(s): D 6657 0294 C 0054 0162 EXISTING RIGHT OF WAY HORIZONTAL DATUM: NAV83, VERTICAL DATUM: NAVD88. S 34°41 7'34" E 35' 15' UTILITY EASEMENT NEEDED FOR Ex. R/W TIE INTO EXISTING SANITARY SEWER L=43.51', R=25.00' 35' EXISTING WATER MAIN OUTSIDE OF 5. SITE BENCH MARK: IRON PIPE, NORTHING=429958.27 EASTING=618299.47 ELEV 39.26. THE CB=S84° 32' 17"E RIGHT-OF-WAY (BY OTHERS) PROJECT BENCHMARK IS BASED UPON A RTK-GPS OBSERVATION. U:\Accounts\PLAWX\PLAWX19001 - DSU Student Housing\DESIGN\_SHEETS\SK-1001.dwg PLOTTED:2/4/2022 11:18 AM , BY:Gregory Rishel CL=38.22' TIE INTO EXISTING WATER 37' Ex. Cartway D=099°42'28" MAIN 12" STOP BAR S 34°41'03" E 25.17' PORTIONS OF EXISTING 6. PROPOSED UTILITIES ARE SHOWN CONCEPTUALLY ONLY. DRIVEWAY TO BE REMOVED 25' ADDITIONAL RIGHT-OF-WAY TO BE DEDICATED TO CITY OF DOVER OWNER'S CERTIFICATION: NO. I, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM THE OWNER OF THE PROPERTY DESCRIBED AND N 45°36'29" E 144.87' SHOWN ON THIS PLAN, THAT THE PLAN WAS MADE AT MY DIRECTION, AND THAT I ACKNOWLEDGE THE 24' PROP. CARTWAY SAME TO ME BY ACT AND DESIRE THE PLAN TO BE DEVELOPED AS SHOWN IN ACCORDANCE WITH ALL 8+00 N 45°36'29" E 599.69' APPLICABLE LAWS AND REGULATIONS. DATE 4+00 3+00 2+00 1+00 0+00 S 45°23'57" W 200.00' 6+00 5+00 35' Raymond Street (35' Wide) Ex. R/w R15' ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES 7+00 PR. STOP SIGN ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE CITY OF DOVER DATE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED N 45°36'29" E 408.86' TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON N 45°36'29" E 347.16' 15 LOOCKERMAN PLAZA THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROPOSED STORM SEWER DOVER, DE 19901 PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION 12" STOP BAR OR ADAPTATION BY PENNONI ASSOCIATES FOR THE Map #: 2-05-06707-01-0600-00001 PROPOSED ADA RAMP NEW DRIVEWAY APRON SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS PROPOSED CROSSWALK WITH CROSSWALK PROFESSIONAL CERTIFICATION: SOLE RISK AND WITHOUT LIABILITY OR LEGAL RELOCATE EX. FIRE Map #: 2-05-06707-01-0701-00001 I, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM A REGISTERED ENGINEER IN THE STATE OF DELAWARE, THAT THE EXPOSURE TO PENNONI ASSOCIATES; AND OWNER WITH ADA RAMPS NEW DRIVEWAY APRON AND HYDRANT SHALL INDEMNIFY AND HOLD HARMLESS PENNONI PROPOSED CATCH BASIN TYP. RECONFIGURED ALIGNMENT INFORMATION SHOWN HERON HAS BEEN PREPARED UNDER MY SUPERVISION AND THE THE BEST OF MY KNOWLEDGE ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND 5 FT WIDE SIDEWALK AND BELIEF REPRESENTS GOOD ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE STATE OF EXPENSES ARISING OUT OF OR RESULTING THEREFROM. (ONE SIDE ONLY) PROPOSED SANITARY DELAWARE. SEWER EXTENSION Owner: PAIGE, JAMES PLAWX19001 Owner: SUDLER, WILMA MISHOE PROJECT BENCHMARK: IRON PIPE, Map #: 2-00-06700-01-1900-00001 Map #: Map #: BRENDAN DIENER, PE (DE LICENSE # 18882) DATE DATE 02-04-2022 NORTHING=429958.27 Map #: Map #: 2-05-06707-01-0500-00001 PENNONI ASSOCIATES INC. 2-05-06707-01-0300-00001 EASTING=618299.47 Secondary Owner: PAIGE, RITA MISHOE Owner: MISHOE, WILMA 2-05-06707-01-0400-00001 121 CONTINENTAL DRIVE, SUITE 207 ELEV 39.26 2-00-06700-01-2000-00001 NEWARK, DE 19713-4310 DRAWING SCALE 1" = 50' Owner: FISHER, RAYMOND PHONE: (302) 655-4451 Owner: WATERS, WYATT T. Deed Reference(s): K 0046 0250 G 0034 0219 DRAWN BY GBR Deed Reference(s): D 6388 0032 E Owner: BURDEN, JOE W. JR. Secondary Owner: WATERS, Owner: DOVER, CITY OF Deed Reference(s): E 0008 Deed Reference(s): L 0044 0139 0 50' 100' APPROVED BY GBR Map #: 2-00-06700-01 SHERRY L. 0077 H 0028 0421 Owner: MISHOE, Deed Reference(s): D 7536 0008 0077 L 0025 0220 Deed Reference(s): M 0032 0349 SK-1001 Deed Reference(s): Deed Reference(s): Z 0051 0195 0045 D 0292 0065 NOT FOR CONSTRUCTION Secondary Owner: MISH SHEET 1 OF 2 129 Deed Reference(s): D 6648

Item 6. PENNONI ASSOCIATES INC. Christiana Executive Campus SITE SITE NORTH 121 Continental Drive, Suite 207 NORTH Newark, DE 19713-4310 T 302.655.4451 F 302.654.2895 N 55°18'57" E 35.00' ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR NO RT H Map #: 2-05-06700-02-5500-00001 Owner: PATEL EXCESS COLLEGE AND OWNER MUST BE NOTIFIED OF ANY ROAD LLC Deed Reference(s): D 6009 0140 D 5983 0056 D 0649 0110 DISCREPANCIES BEFORE PROCEEDING WITH WORK Limits of former Atlantic Coast Environmental 35' (A.C.E.) Facility subject to an Environmental Covenant with DNREC as recorded in DB 6009, PG 132 & 140. LOCATION MAP LOCATION MAP Scale: 1" = 400' Scale: 1" = 1200' LEGEND RAYMOND STREET & RAILROAD AVENUE Map # : 2 -0 5 -06700-02-5 EXISTING BUILDING Owne 400-0000 r: P A RIGHT-OF-WAY / PROPERTY LINE T 1 PROPER EL COLLEGE W/ MONUMENT EXISTING CONDITIONS PLAN CURB Sec TIES o wner: PATLLC n da PATEL EXCESS COLLEGE ROAD LLC & ' ry O Map #: 2-05-06700-02-5600-00001 SIDEWALK 1049.56 Owner: PATEL COLLEGE PROPERTIES LLC COLL EL EX Deed Refe EGE ROAD LLC CESS Secondary Owner: PATEL EXCESS COLLEGE ROAD LLC PAVEMENT Deed Reference(s): D 0649 0106 SIGN re 3171 DUPONT HIGHWAY, SUITE B n c e(s ): 0649 010 D 5983 0056 D '03" W ---- ' UTILITY POLE AND LIGHT 1481.10 6 FH HYDRANT N 34°41 Rai 5 MAJOR CONTOUR l r o '03" W a d 4 MINOR CONTOUR N 34°41 Avenue WATER LINE PATEL COLLEGE PROPERTIES LLC CITY OF DOVER, DELAWARE TOWNSEND, DE 19734 UNDERGROUND GAS LINE SANITARY SEWER OVERHEAD ELECTRIC LINE (35' Wi Map #: 2-00-06700-01-1700-00001 UNDERGROUND ELECTRIC LINE Owner: MISHOE, WILMA de) Map #: 2 Deed Reference(s): D 6648 0198 C 0054 0162 UNDERGROUND TELECOMM LINE -05 -0 Owner: P 6700-02-5300-000 UNDERGROUND COMMUNICATIONS LINE ATEL CO 01 N 45°23'57" E LLEG MANHOLES PR Deed R OPERTIES LLC E 36.00' e fe VALVES ren c Grove S 200.00' 5983 006 e(s): D 6009 0132 200.00' INLET (35' Wi treet Map #: 1 D 0649 D Map #: 2-05-06707-01-0100-00001 2-05-06707-01-0200-00001 TREE 0106 '03" E Owner: APARTMENTS AT MISHOE COVE LLC Owner: APARTMENTS AT '34" E de) Deed Reference(s): D 6657 0294 C 0054 0162 MISHOE COVE LLC 35' Deed Reference(s): D 6657 S 34°41 Ex. R/W S 34°27 35' 0294 C 0054 0162 BY PROJECT STATUS: ---- N 45°36'29" E 599.69' S 45°23'57" W 200.00' N 45°36'29" E 408.86' Raymond Street (35' Wide) PLOTSTYLE:Pennoni NCS.stb N 45°36'29" E 347.16' Map #: 2-05-06707-01-0600-00001 35' Map #: BENCHMARK: IRON PIPE, 2-05-06707-01-0701-00001 Map #: 2-05-06707-01-0300-00001 Ex. R/w Map #: 2-00-06700-01-1900-00001 Map #: 2-05-06707-01-0400-00001 NORTHING=429958.27 Map #: OWNER OF RECORD: 2-05-06707-01-0700-00001 Map #: 2-05-06707-01-0800-00001 Owner: SUDLER, WILMA MISHOE EASTING=618299.47 REVISIONS Owner: PAIGE, JAMES Owner: BURDEN, JOE W. JR. Map #: 2-05-06707-01-0702-00001 ELEV 39.26 Map #: Owner: MISHOE, WILMA Deed Reference(s): D 6657 Deed Reference(s): IS 0026 0403 CITY OF DOVER Secondary Owner: Owner: FISHER, RAYMOND 2-00-06700-01-2000-00001 WQ 0010 0164 K 0050 0064 Owner: MISHOE, WILMA 0288 C 0054 0162 15 LOOCKERMAN PLAZA Deed Reference(s): K 0046 0250 Owner: BURDEN, JOE W. JR. PAIGE, RITA MISHOE DOVER, DE, 19901 Map #: 2-00-06700-01-2100-00001 Owner: WATERS, WYATT T. Map #: 2-05-06700-02-4700-00001 Deed Reference(s): L Deed Reference(s): D 6388 0032 E Deed Reference(s): E 0008 0077 H Secondary Owner: WATERS, U:\Accounts\PLAWX\PLAWX19001 - DSU Student Housing\DESIGN\_SHEETS\SK-1002.dwg PLOTTED:2/4/2022 11:17 AM , BY:Gregory Rishel APPLICANT: Map #: 2-05-06707-01-0500-00001Owner: DOVER, CITY OF 0044 0139 G 0034 0219 SHERRY L. PATEL EXCESS COLLEGE ROAD LLC & Owner: MISHOE, WILMA Deed Reference(s): M 0032 0349 Deed Reference(s): D 7536 PATEL COLLEGE PROPERTIES LLC 0008 0077 L 0025 0220 0028 0421 Map #: 2-05-06707-01-1400-00001 C/O DOMINIC BALASCIO (AUTHORIZED REPRESENTATIVE) 0045 D 0292 0065 3171 DUPONT HIGHWAY, SUITE B NO. Owner: DELAWARE STATE COLLEGE TOWNSEND, DE 19734 Owner: DOVER, CITY OF Deed Reference(s): L 0048 0107 Secondary Owner: MISHOE, HENRY C Map #: 2-05-06700-02-2700-00001 Map #: 2-05-06700-02-2500-00001 Map #: 2-00-06700-01-2500-00001 Map #: 2-05-06707-01-1500-00001 Map #: 2-05-06707-01-1300-00001 DATE Map #: 2-05-06700-02-2600-00001 Owner: RYDER, SANDRA L. Owner: MISHOE, WILMA GENERAL NOTES: Owner: PAIGE, RITA MISHOE Owner: MISHOE, WILMA Owner: BURDEN, JOE W. JR. Deed Reference(s): D 6648 0195 C 0054 0162 ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES 1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT WAS TAKEN FROM DOCUMENTS OF PUBLIC Secondary Owner: DICKERSON, ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE Owner: RIVERA PROPERTY GROUP LLC Owner: WAWEM, LLC PARCEL B lots 179, 181, 182, 183 PROJECT. THEY ARE NOT INTENDED OR REPRESENTED RECORD IN ADDITION TO AN ACTUAL FIELD SURVEY BY PENNONI ASSOCIATES, INC. ON 8/2021 Deed Reference(s): Z 0051 0195 Secondary Owner: PAIGE, JAMES E. Deed Reference(s): U 0052 0253 X 0036 0227 X 0032 0239 TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON DBC54 PG162 Deed Reference(s): D 6388 0032 THROUGH 12/2021. MYRTLE W. Deed Reference(s): IS 0026 0403 WQ THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER 2-05-06707-01-1300 PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION Deed Reference(s): D 8160 0057 D 4147 0282 0700, 0100 &2-00-06700-01-1700 OR ADAPTATION BY PENNONI ASSOCIATES FOR THE 77' Deed Reference(s): D 6809 0042 D 2-00-06700-01-2100 2. THIS SURVEY DOES NOT VERIFY TO THE LOCATION AND/OR EXISTENCE OF EASEMENTS OR RIGHT OF SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS Deed Reference(s): WF 0008 0138 M 50' SOLE RISK AND WITHOUT LIABILITY OR LEGAL WAYS CROSSING SUBJECT PROPERTY AS NO TITLE SEARCH WAS PROVIDED. Deed Reference(s): I 0045 0022 E 0008 0077 L 0025 0220 EXPOSURE TO PENNONI ASSOCIATES; AND OWNER REF:DB6657 PG288 02-05-06707-01-0700 0010 0164 E 0008 0077 Deed Reference(s): D 0581 0315 SHALL INDEMNIFY AND HOLD HARMLESS PENNONI 0017 0073 E 0008 0077 ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND 6657 0291 C 0054 0162 3. SURVEY CLASSIFICATION: SUBURBAN. EXPENSES ARISING OUT OF OR RESULTING THEREFROM. CENT 4. TOPOGRAPHY SURVEY WAS PERFORMED ON 8/2021 THROUGH 12/2021 BY PENNONI ASSOCIATES AND PROJECT PLAWX19001 THE SOURCE OF TOPOGRAPHY WAS DONE WITH GPS AND IS IN HORIZONTAL DATUM: NAV83, E 60' College Road - SR 00099 R 84' L VERTICAL DATUM: NAVD88. DATE 02-04-2022 IN (Variable Width) E OF R 5. SITE BENCH MARK: IRON PIPE, NORTHING=429958.27 EASTING=618299.47 ELEV 39.26. THE PROJECT DRAWING SCALE 1" = 80' AILROA BENCHMARK IS BASED UPON A RTK-GPS OBSERVATION. DRAWN BY GBR APPROVED BY GBR D TRAC KS NOT FOR CONSTRUCTION 0 80' 160' SK-1002 SHEET 2 OF 2 130