Planning Commission Paperless Packet

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, October 17, 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. IN-PERSON & VIRTUAL MEETING NOTICE The Planning Commission Meeting for October 17, 2022 will be held as an In-Person Meeting at City Hall. The public is welcome to attend in person. The meeting will also be provided as 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 October 17, 2022 Dial: +1-650-479-3208 Event number/Access code: 2537 572 3909 Event password: DoverPC Event Address: https://bit.ly/PCMeeting101722 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 1. Revised Site Development Master Plan S-22-12 DuPont Plaza at 747 N. DuPont Highway: Revised Master Plan will not be heard by the Planning Commission on October 17, 2022 due to incomplete public notice. This Application and its Public Hearing will be 1

PLANNING COMMISSION - October 17, 2022 PAGE 2 rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. APPROVAL OF MINUTES 2. Adoption of the Minutes of September 19, 2022 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date November 21, 2022 at 7:00 PM. Update on City Council Actions Department of Planning & Inspections Updates 3. Proclamation for National Community Planning Month OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval NEW APPLICATIONS 4. SB-22-05 Lands of NCALL at 217, 225, 235 North Kirkwood Street: Minor Subdivision Plan – Public Hearing and Review of a Minor Subdivision Plan to subdivide three (3) existing properties consisting overall of 44,326.66 SF +/- (1.0176 acres +/-) into four (4) new properties, with the remaining land area to be dedicated to the City of Dover for the purpose of expanding the Mary and Kirkwood Streets Park. From south to north, Lot 1 is to be 0.1665 acres+/-, Lot 2 is to be 0.1665 acres+/-, Lot 3 is to be 0.1791 acres+/-, Lot 4 is to be 0.1791 acres+/- and the remaining land area (0.1685 acres +/-) is to be dedicated to the City of Dover for the purpose of expanding the adjacent Mary and Kirkwood Streets Park. The Mary and Kirkwood Streets Park will then total 0.3255+/- acres in size. The parcels subject to this Minor Subdivision Application lay on the east side of North Kirkwood Street, south of Mary Street. The three (3) subject properties are zoned RG-1 (General Residence Zone) and are currently undeveloped. The owner of record for all three (3) subject properties is NCALL (National Council on Agriculture Life & Labor Research Fund Inc.). The owner of the adjacent Park to be expanded is the City of Dover. Property Addresses: 217, 225, 235 North Kirkwood Street. The parcel containing the Mary and Kirkwood Streets Park is unaddressed. Tax Parcel Numbers: ED-05- 076.08-02-20.00-000, ED-05-076.08-02-21.00-000, ED-05-076.08-02-22.00-000, ED-05- 076.08-02-23.00-000. Council District 4. 5. Z-22-03 Lands of Silver Linings Holding Corporation at 630 W. Division Street – Public Hearing and Review for Recommendation to City Council for a rezoning application for a parcel of land consisting of 1.0853 acres (47,275.3 SF +/-). The property is zoned C-3 (Service Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of West Division Street and opposite the intersection 2

PLANNING COMMISSION - October 17, 2022 PAGE 3 with Ridgely Street. The owner of record is Silver Linings Holding Corporation c/o Tolano Anderson. Property Address: 630 W. Division Street. Tax Parcel: ED-05-076.08-01-40.01-000. Council District 4. Ordinance #2022-12. This property was the subject of Rezoning Application Z-20-03 that was unsuccessful in its rezoning request for IO (Institutional and Office Zone) with COZ-1 in November-December 2020. This property was also subject to Rezoning Application Z-21-03 that was unsuccessful in its rezoning request for C-2A with COZ-1 in May 2021. NEW BUSINESS ADJOURN Posted Agenda: October 7, 2022 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 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 The Meeting of the City of Dover Planning Commission was held on Monday, September 19, 2022 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Cooper, Mr. Roach (virtual), Mrs. Denney, Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs. Welsh (virtual), Mrs. Malone (virtual) and Mrs. Maucher. Staff members present were Mrs. Mary Ellen Gray, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mr. Jason Lyon (virtual) and Mrs. Kristen Mullaney. Also present was Mr. Nick Patel, Mr. Troy Adams (virtual), Ms. Alyssa Pruitt (virtual), Mr. George Wilson (virtual), Mr. Jim Eriksen (virtual), Dr. Charles Fletcher (virtual), and Mr. L.B. Steele (virtual). APPROVAL OF AGENDA Mrs. Maucher stated that the Rezoning Application Z-22-03 Lands of Silver Linings Holding Corporation at 630 W Division Street will not be heard by the Planning Commission on September 19, 2022 due to incomplete public notices. This Application and its Public Hearing will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. Dr. Jones moved to approve the Agenda as submitted, seconded by Mr. Baldwin and the motion was unanimously carried 9-0. APPROVAL OF MEETING MINUTES OF AUGUST 15, 2022 Mr. Baldwin moved to approve the Planning Commission Meeting Minutes of August 15, 2022, seconded by Mrs. Denney and the motion was unanimously carried 9-0. COMMUNICATIONS & REPORTS Mrs. Melson-Williams stated that she wanted to welcome our Planning Director, Mrs. Mary Ellen Gray. Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled for Monday, October 17, 2022 at 7:00PM in the City Hall Council Chambers. Mrs. Melson-Williams provided an update on the regular City Council and various Committee meetings held on September 12 & 13, 2022. Mrs. Melson-Williams stated that they currently have two jobs posted in our department overall. A Code Enforcement Inspector and a Planner position are posted; so, if you know anyone that might be interested in either one of those or any of the other City job positions that are open, certainly visit the City’s website or reach out to our Human Resources Department and they would be happy to talk about that. Mrs. Melson-Williams stated that in the packet is information on the upcoming APA Delaware Chapter Conference. It will be a virtual event and the flyer is available. It is scheduled for 1 4

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 October 5 & 6, 2022. There is a small registration fee. If you are a Planning Commission member and are interested in attending this training, please reach out to Staff and they will get you registered. If there are other individuals in the room that are interested, please see Staff. They can get you in touch with the registration information for the Conference. It is a two-day session that begins at 9:00AM and runs until about 1:30PM. It is a series of different presentations focused on things related to climate change, ethics and other planning initiatives in the region. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the In- Person Meeting and Virtual Meeting using the WebEx system. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None NEW APPLICATIONS C-22-03 Lands of Chiang & Sons Properties LLC: Office/Retail and Apartments at 1241 College Park Drive – Public Hearing and Review of a Conditional Use Site Plan to permit the conversion of an existing two-story 11,700 SF Building to serve as Office/ Retail on the first floor and Apartments (9 units) on the second floor. The project also includes building additions for stair towers and a laundry room. The property consists of one parcel of land totaling 1.102 acres +/- (48,021 SF). The property for the proposed development is zoned C-PO (Commercial and Professional Office Zone). The property is located on the east side of College Park Drive, north of College Road. The owner of record is Chiang & Sons Properties, LLC. Property Address: 1241 College Park Drive. Tax Parcel Number: ED-05-067.00-02-12.08-000. Council District 4. Representatives: Mr. Nick Patel, Elliott Surveying Mr. Swierczek stated that this is a Conditional Use Site Plan Application to establish the use of apartments at an existing building located at 1241 College Park Drive. The building is currently vacant and it had been most recently used as offices. The property is zoned C-PO (Commercial and Professional Office Zone) which requires that any potential establishment of the use of apartments go through first a Conditional Use Application. It is noted that the existing building is 11,700 SF. The applicant had been showing that the first floor is proposed for retail office suites and on the second floor would be nine apartment units. It is noted that while the plans indicate either an office or retail use for the first floor units, retail is not permitted use in the C-PO (Commercial and Professional Office Zone). The apartments, as he noted, there are nine on the second floor. Given the square footage it would seem to indicate those being either studio or one- bedroom; however, that’s not been confirmed by the applicants. The property lies within College Business Park so the area contains a variety of uses from manufacturing business to storage warehousing. There is the Department of Agriculture, the Offices for the Correctional Officers Association of Delaware and across the street to the south is the North Dover Elementary School; however, there are no sidewalks or vehicle access directly to that property from this site. There are existing sidewalks on the property and sidewalk linkages from the site to the sidewalk 2 5

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 along College Park Drive. There were new entrances being proposed with the suites on the first floor and two new small additions to the building being proposed in order to accommodate staircases on the north and east sides of the building as well as a laundry facility for future tenants. They were proposing in order to meet the required seventeen trees for the property they might be doing tree plantings on the site. Otherwise, there were no new site features proposed. He would point out that as this is apartments (a proposal to establish an apartment use) there is generally requirements to implement the Active Recreation Plan. However, for apartments in a building of this size with this many units, there is not a requirements but there would have to be some sort of an alternative worked out. That would have to be proposed to the Parks & Recreation Committee. In the Conditional Use for the apartments, Planning Staff just wanted to point out a couple items for the Commission’s consideration before they take a vote on this. The location of the subject site is within a business park. There are other office, warehouse, and manufacturing uses in the area so it is a somewhat remote location for residential; however, it is an opportunity to establish a new residential use especially since we are hearing a little concern about there not being enough housing stock in the City. They did receive a few items of communication from members of the public. There is one email of objection from Mr. Stoltzfus who is the property owner of the majority of the properties within the vicinity in the College Business Park as well as two letters signed by representatives of businesses or tenants within the vicinity of the subject property. All three were noting an objection based on past experience with residential uses in the area. Mr. Hartman stated that in Section X (of the DAC Report) when you talk about the opportunity to provide a new type of housing. Are you supporting this or are you warning us of the precedent that it may set? Responding to Mr. Hartman, Mr. Swierczek stated that “support” and “warn” are strong words. He thinks they are trying to neutrally lay out a couple of different points arguing in favor and potentially against the consideration of establishing apartments here. On the whole, Planners are to be advocates of assorted mixed use housing providing apartments units or housing units near where people work. He thinks the more traditional process of that would be, for example, Downtown housing. But again, he thinks that they are trying to be neutral about that. Mr. Patel stated that he represents the owner Chiang & Sons Properties, LLC. There is really not much to add as far as what we are proposing to do. Having heard the concerns put forth by some of the other tenants and/or owners of the Business Park, they are talking about a simple nine units. They have scoured that Park and really there is not another building that can kind of manage something like this. This is a two-story building that has been vacant for almost five years. It was damaged heavily in the storms that we had back then and it was abandoned. At this point, they are going to completely renovate it from top to bottom. So, the thought process was that they could put another manufacturing or office complex back in but they also know that the building next door which is housed mostly by the State that is next door is mostly vacant. They thought, what could they bring to the area that could not only make the property more valuable but also beneficial. They thought about adding a combination of studio and one-story apartments upstairs. The additions that they are going to make to the building are strictly for entrances, a couple picnic areas for the tenants to use and things like that but no major construction will happen on the site because it was a pretty solid building and area to begin with. There is also plenty of parking. The other thing was that as we sat through the meeting, the owner is open to 3 6

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 any suggestions and/or changes that anybody would require. He may even be willing to accommodate anything that he can within the means that the building would allow. They have agreed to provide the necessary plumbing and electrical and the building already has a sprinkler system. He is willing to do anything and everything to meet the requirements set forth. Mr. Hartman stated that after listening to Staff and the Applicant, he is firmly opposed to this based on a precedence that it may set for the City for the C-PO (Commercial and Professional Office Zone) throughout the City. We have letters here from businesses telling us how they are afraid that it’s going to affect how they constructed their business with the assurance that this was a business park and not a residential area. He hasn’t heard anything to change his mind in the presentations; so, he supports the Commission denying this application. Dr. Jones stated that she does concur with Mr. Hartman in addition to the fact that there are just numerous areas that have been cited in terms of where attention needs to be given to this particular application. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she would like to enter into the record the items of public correspondence that we received. They were provided to the Commission members by email this afternoon and paper copies were distributed on their desks. Those items include Attachment #1 which is an email from Mr. John M. Stoltzfus who is the owner of 1201, 1203, 1205, 1221, 1255, 1257 and 1285 College Park Drive in the College Business Park. In his email, Mr. Stoltzfus notes his objection to this “Rezoning” for the professional business park here to include residential apartments. Staff will note that it’s not a “Rezoning”; it’s a Conditional Use. He goes on to give information about where his concerns lie in regards to this application. The other attachment items are two letters that we received together. The first one being from Mr. Ken Merit of Sid Harvey Industries Inc. who is a business tenant at 1285 College Park Drive. That one again uses the opportunity to express their objection to the proposal for including the residential component in this commercial building. The other item of correspondence is from Ms. Deborah Hendrick of JSD Management Inc. who is a business tenant at 1283 College Park Drive who likewise, expresses a strong objection to the proposal to include residential apartments. Mrs. Maucher closed the public hearing. Mr. Hartman moved to deny application C-22-03 Lands of Chiang & Sons Properties LLC: Office/Retail and Apartments at 1241 College Park Drive that proposed the conversion of the existing two-story building to office, retail and aparmtents. He bases this not only on the comments of the businesses and the tenants that reached out, but Article 10 Section 1.2 saying Proposed use should be in a location, size and character that would generally be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated. He believes that this instance should be an example of something that is not in harmony with the proposed use, seconded by Dr. Jones and the motion was carried 7-2 by roll call vote. Mr. Hartman voting yes; based on his previous statement. Mr. Baldwin voting yes; based on the fact that it is a mixed use and we need housing but he just doesn’t think this is a good plan or good 4 7

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 location for that. Dr. Jones voting yes; for the reasons already stated and this particular proposal is just out of character for the area. Mrs. Welsh voting yes; she agrees with the comments and reasons cited by Mr. Hartman as far as the character of the area. She believes that the size of the apartment units really didn’t seem to be conducive to apartment living or residential living but more of what might be transient nature. Mrs. Malone voting yes; there is a complex right across the street that was much greater than this and if there are only nine apartment units. It would help people that maybe don’t have transportation to be able to walk to their job, she is all in favor for that because we don’t have great public transportation here. Mr. Cooper voting yes; for all the reasons that Mr. Hartman stated in the motion. Mr. Roach voting no; he feels as though the apartments being there are more beneficial than it being consistent with the rest of the business park. Mrs. Denney voting yes; based on the fact that in this particular business park, she simply doesn’t see it mixing with residential use because should there be families or perhaps children, the business traffic that comes in and out and even trucks that may be bringing in stock or things. She just simply thinks that this doesn’t mix for this particular plan in this particular business park. Mrs. Maucher voting no; she appreciates looking outside the box and she thinks that there are other areas that have a mix of residential housing combined with other business opportunities. She thinks that the housing is needed. It is not something that everyone would want but there are people who want and need that kind of asset. SB-22-04 Lands of Wilson at 838 Forest Street: Minor Subdivision Plan – Public Hearing and Review of a Minor Subdivision Plan to subdivide a property consisting of 23,648 SF +/- (0.5429 acres +/-) into two (2) parcels. Lot 1 (Residual) is to be 11,792 SF (0.2707 acres+/-) and is the northern portion of the existing parcel containing the existing single-family dwelling with frontage on Forest Street. Lot 2 is to be 11,865 SF (0.2722 acres+/-) and is the southern portion of the existing parcel with frontage on Lincoln Street containing no development. The subject property is located on the south side of Forest Street across from the southern terminus of Weston Drive. The property is zoned RG-1 (General Residence Zone) with the northern portion of the property is subject to the COZ-1 (Corridor Overlay Zone). The owners of record are William T. and Iris O. Wilson. Property Address: 838 Forest Street. Tax Parcel Number: ED-05- 076.12-01-31.00-000. Council District 4. Representative: Mr. Troy Adams, Mountain Consulting; Ms. Alyssa Pruitt, Mountain Consulting; Mr. George Wilson Mr. Swierczek stated that this is a Minor Subdivision Application for 838 Forest Street. This is a parcel that has frontage along both Forest Street to the north and Lincoln Street to the south. The applicant is not at the present time, proposing any new development or anything beyond simply creating the new parcel out of the existing one. So, the northern parcel would have frontage along Forest Street. There is an existing dwelling unit there that has vehicle access and pedestrian access with the sidewalk along Forest Street. The parcel to the south does not currently have vehicle access but there is a sidewalk. Obviously any new potential development there, in order to be compliant with Code, would of course have to provide vehicle access but again that would be a future item to evaluate. The only other couple items of note are the minimum side yard setback for development in this zone RG-1 (General Residence Zone) is five feet. It is less than five feet along the western property line; however, that is considered legal 5 8

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 non-conforming. This proposal does not increase the non-conformity which is why it’s allowed to be considered still this evening. The Planning Staff had a question about wanting to confirm the impervious coverage that would be proposed with the line drawn as it is there. Just to confirm that that would be the maximum impervious coverage allowed which is 45%. If it is shown that where the property line is right now would mean that the lot coverage on the northern parcel would exceed that, then there might have to be an adjustment in the future. Again, this is not for any physical development of either parcel, it is simply for the subdivision to create a new parcel with frontage on Lincoln Street. Ms. Pruitt stated that she doesn’t have anything to add to Mr. Swierczek’s presentation. Mr. Adams stated that they have nothing else to really add; however, the impervious coverage of the lot to the north with the home, that lot is right at the 45% mark. This property is situated where there is not really much that can be added to it to create more impervious surface. Mr. Wilson agrees that we put it right at 45% and it will be sufficient. Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Denney feels as though we are essentially creating two separate lots with each lot fronting on its own street. She just wants to be sure that she is looking at this correctly. Responding to Mrs. Denney, Mrs. Maucher stated yes. Mrs. Denney stated that she has no objection and she thinks that it’s a reasonable request. Mrs. Denney moved to approve SB-22-04 Lands of Wilson at 838 Forest Street: Minor Subdivision Plan based on the fact that she thinks they would be creating two lots, both fronting individually on streets, seconded by Mr. Baldwin and the motion was carried 9-0 by roll call vote. Mrs. Denney voting yes; she believes that this is a logical use to subdivide these and make two separate lots on their own separate streets. Mr. Hartman voting yes; based on the fact that the lot is oddly shaped compared to its neighbors and a subdivision would bring it more in line with the neighborhood. Mr. Baldwin voting yes; based on the forementioned statements. Dr. Jones voting yes; based on previous reasons given. Mrs. Welsh voting yes; she thinks it’s a viable change to take care of an issue of an irregularly shaped lot which would allow further development on the second lot and have an entrance off another street so that would be a much more viable use of the property. Mrs. Malone voting yes; for reasons stated. Mr. Cooper voting yes; for reasons previously stated. Mr. Roach voting yes; for reasons previously stated. Mrs. Maucher voting yes; for reasons stated. Z-22-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue – Public Hearing and Review for Recommendation to City Council for a rezoning application for part of a parcel of land consisting of 25 acres (overall existing parcel is 75.521 acres +/-). The property is zoned R-10 (One-Family Residence Zone) and partially subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning for the 25 acres is RM-2 (Medium Density Residence Zone) and partially subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side Forrest Avenue west of Dover High Drive. The owner of record is Calvary Baptist Church of 6 9

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 Dover. The equitable owner is Leander Lakes III, LLC. Property Address: 2285 Forrest Avenue. Tax Parcel: Part of ED-05-075.00-01-06.00-000. Council District 1. Ordinance #2022-11. This property was subject to Conditional Use Site Plan Application C-19-06 which received Conditional Approval by the Planning Commission at their July 2019 meeting, and Final Plan Approval in December 2021. Representatives: Mr. Jim Eriksen, Solutions IPEM; Dr. Charles Fletcher, Land Owner; Mr. L.B. Steele, Leander Lakes III, LLC Mrs. Melson-Williams stated that this is an application filed by Leander Lakes III, LLC. The property owner is the Calvary Baptist Church of Dover. The subject property that we are dealing with is the parcel that is located at 2285 Forrest Avenue. It is depicted on the screen in yellow. The entire tract is 75.521 acres; however, this Rezoning is the area of 25 acres which is shown in a hatched configuration. It does kind of look like an upside-down flag at the moment, so we are just focused on that 25-acre area. The present zoning of the overall property is R-10 (One-Family Residence Zone) and the frontage of the parcel is subject to the COZ-1 (Corridor Overlay Zone). The applicant is making a request to take the 25-acre area to the zoning of RM-2 (Medium Density Residence Zone) with the front portion remaining to subject to the COZ-1 (Corridor Overlay Zone) and then the balance of the acreage would remain R-10 (One-Family Residence Zone). With a Rezoning Request, we have to look at the Comprehensive Plan. The Report includes the Goals and Policies related to residential land-use activities. Specifically in the 2019 Comprehensive Plan, the Land Development Plan Map 12-1 identifies that this property should be utilized for the residential land use of Residential Medium Density. The Comprehensive Plan goes on to identify those zones that would comply with that land-use category of Medium Density Residential; and the RM-2 (Medium Density Residence Zone) is one of that collection. This property is in general, the western boundary area of the City in this location. The tract was originally annexed into the City back in 2007 shortly after the Annexation that brought in the land area that became the new Dover High School Complex. Adjoining this property, there is a church location, there is an existing apartment complex known as Leander Lakes that already carries with it that RM-2 (Medium Density Residence Zone). For the subject parcel itself, Planning Commission members may remember a Conditional Use Site Plan Development C-19- 06 for the Calvary Baptist Church of Dover to construct a new place of worship. That plan is still in place and they are working on permitting for that at this point. This Rezoning is in the balance of the property where development of that new place of worship is not proposed. With the Rezoning, the Report includes information on the zoning district. This will focus on just the zoning change. Any future development of the tract of land would be subject to a separate review and approval process. The Planning Staff is recommending the rezoning to RM-2 (Medium Density Residence Zone) with retaining that COZ-1 (Corridor Overlay Zone) for the 25 acres be approved, finding that it is consistent with the City’s Comprehensive Plan for that Residential Medium Density Land-Use Classification. The Route 8 Corridor is a major east/west roadway and adjoining areas have been developed for larger and higher scale density both on the institutional side and residential side of things. There is an existing infrastructure and service capabilities in the area. Tonight, the Planning Commission is to hear from the applicant, conduct its public hearing and then they will be making a recommendation in regards to the Rezoning. Specifically, the Planning Commission needs to evaluate the three factors that are outlined in the Zoning Ordinance. Just in summary, it’s whether the use is permitted by the proposed change 7 10

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 and would be compatible with the existing uses and zones in the area; whether there is adequate public services and infrastructure; and whether the proposed change is in accordance with the Comprehensive Plan. The other agencies participating in our Development Advisory Committee voiced no objection to the Rezoning. Some of them also referenced should redevelopment occur that there will ultimately be other things to be considered. Mr. Eriksen stated that Staff did a fantastic job of putting together a comprehensive report so he won’t speak long. He did put together a few things, mostly visuals. One thing that he does want to point out is the transition in use that they left with the requested Rezoning. They left over 400 feet off the building and over 300 feet off improvements with the church so that should be plenty of space to allow that transition use. The next slide shows the general area and you can see that it is a minor arterial per DelDOT’s classification and along there in the vicinity of the project there is existing Medium High Density Residential land uses. There is a high school that was previously mentioned as well as some commercial uses. There is going to be a future church and there is an existing church as well as existing apartments already there right next door that already have this zoning designation. The next slide shows the map with the site that indicates that this was intended per the Comprehensive Plan to be a Medium Density Residential area. The next slide shows the Investment Level Area based on the State Spending Strategies; it’s an Area (Level) 1 and 2. Basically it coincides with a site that you would expect to be developed. When you take all of this in combination with Staff’s Report, they indicated that they believe it matches up well with the Comprehensive Plan and he believes that it meets all conditions. They will be here for any questions. Mrs. Maucher opened a public hearing. Mrs. Melson-Williams stated that she wanted to identify that Rev. Dr. Charles Fletcher has joined us. He is a representative of the Calvary Baptist Church who is the land owner. Dr. Charles Fletcher stated that he had no comments. Mrs. Melson-Williams stated that she believes that Ms. Debbie Smith is also representing Calvary Baptist Church because she mentions whether other teammates were on the call this evening regarding this application. Ms. Smith does not have any additional statements to make. Mrs. Maucher closed the public hearing. Mrs. Welsh moved to recommend approval to City Council for application Z-22-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue for the zoning change from R-10 (One-Family Residence Zone) and COZ-1 (Corridor Overlay Zone) to RM-2 (Medium Density Residence Zone) and COZ-1 (Corridor Overlay Zone), seconded by Mrs. Malone and the motion was carried 9-0 by roll call vote. Mrs. Welsh voting yes; for reasons stated in the motion and it is appropriate for the Comprehensive Plan of the City. Mrs. Malone voting yes; for reasons stated by the motion maker. Mr. Cooper voting yes; it’s in compliance with the Comprehensive Plan. Mr. Roach voting yes; for reasons previously stated. Mrs. Denney voting yes; she believes that this is exactly what should be there and it molds well with our Comprehensive Plan and Zoning Ordinance. Mr. Hartman voting yes; based on the fact that the 8 11

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 proposed zoning is compatible with the existing zones in the area of concern. There is existing infrastructure and water, sanitary/sewer and electric services and they extended the development in the Police, Fire and Emergency Medical Services area. It is also consistent with the City’s Comprehensive Plan. Mr. Baldwin voting yes; based on Staff recommendation and the Comprehensive Plan. Dr. Jones voting yes; for reasons previously stated. Mrs. Maucher voting yes; for reasons stated. NEW BUSINESS Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28): Update on Design Professionals Mrs. Melson-Williams stated that at your last meeting, we worked on setting up the new contingent for the Architectural Review Oversight Subcommittee of the Planning Commission. At that meeting, members allowed Mrs. Welsh and Mr. Roach to continue as the Planning Commission members and you directed Staff to reach out to the two previous members of the Committee that have served in the past. Staff did reach out to Dr. R.J. Chandler who is with the Architecture Program at Delaware Technical and Community College. We did receive a confirmation email from him that he will continue to serve if so called upon. They also reached out to Ms. Sarah Keifer who is the Director of Planning Services with Kent County. She is not sure if any of the other Staff have received an email confirming that at this point, but we are thinking that she is probably going to say yes. If there is something to the contrary of that, they will certainly report that to the Commission at the next meeting. They are going to assume that she wishes to continue her service. Mrs. Maucher asked if there was any action required. Responding to Mrs. Maucher, Mrs. Melson-Williams stated that they could accept the report of Staff in regards to the design professionals for the Architectural Review Oversight Subcommittee. Mrs. Malone moved to accept the report from Staff in regards to the design professionals for the Architectural Review Oversight Subcommittee, seconded by Mr. Baldwin and the motion was carried 9-0 by voice vote. Mr. Hartman asked for an update on the restaurant that was proposed by the railroad tracks on (North) West Street. Responding to Mr. Hartman, Mrs. Melson-Williams stated that she would defer to Mr. Swierczek since he is the Planner assigned to that project. Mr. Swierczek stated that he will confirm that we did receive a Check Print from them within the last couple of weeks, so they are still actively working through the plan review phase. Every indication so far is that they are proceeding full steam ahead. Mrs. Melson-Williams stated that the Check Print Review Process is what happens after Planning Commission. The applicant’s project team have to go back into those civil drawings, make the corrections, and get all of the agency approvals. They call it the Check Print Review Process because they are resubmitting back to us and we are “checking” that they have satisfied 9 12

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 19, 2022 the various comments. The Planning Office is kind of the final gatekeeper to ensure that all of the agency approvals have been received because they must be in hand before the Planning Office will grant Final Plan Approval on behalf of the Planning Commission to the project making it then eligible for full review of its Building Permit submission. Meeting adjourned at 8:20 PM. Sincerely, Kristen Mullaney Secretary 10 13

Item Item#4. 3. Page14 8

Item 4. City of Dover DATA SHEET FOR MINOR SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF October 5, 2022 PLANNING COMMISSION MEETING OF October 17, 2022 Plan Title: Lands of NCALL at 217, 225, 235 North Kirkwood Street, SB-22-05 Plan Type: Minor Subdivision Plan Applicant/Owners: NCALL (National Council on Agriculture Life & Labor Research Fund Inc.) Properties Locations: East side of North Kirkwood Street, south of Mary Street. Property Addresses: 217, 225, 235 North Kirkwood Street, and adjacent Kirkwood and Mary Streets Park Tax Parcels: ED-05-076.08-02-20.00-000, ED-05-076.08-02-21.00-000, ED-05-076.08-02-22.00-000, ED-05-076.08-02-23.00-000 Total Area of Parcels: 44,326.66 SF +/- (1.0176 acres +/-) Parcels to be Created: Lot 1 (Proposed): 0.1665 acres+/- Lot 2 (Proposed): 0.1665 acres+/- Lot 3 (Proposed): 0.1791 acres+/- Lot 4 (Proposed): 0.1791 acres+/- Residual (to add to Park): 0.1685 acres +/- Proposed New Area of Park: 0.3255+/- acres Present Zoning: RG-1 (General Residence Zone) Proposed Zoning: RG-1 (General Residence Zone) Current Use: Undeveloped (Previous Structures demolished) Proposed Uses: Residential (one-family detached dwelling units) P. O. Box 475 Dover, DE 19903 15 Community Excellence Through Quality Service

Item 4. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: October 5, 2022 APPLICATION: Minor Subdivision Plan for Lands of NCALL at 217, 225, 235 North Kirkwood Street FILE #: SB-22-05 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY This Application is the review of a Minor Subdivision Plan to subdivide three (3) existing properties consisting overall of 44,326.66 SF +/- (1.0176 acres +/-) into four (4) new properties, with the remaining land area to be dedicated to the City of Dover for the purpose of expanding the Mary and Kirkwood Streets Park. From south to north, Lot 1 is to be 0.1665 acres+/-, Lot 2 is to be 0.1665 acres+/-, Lot 3 is to be 0.1791 acres+/-, Lot 4 is to be 0.1791 acres+/- and the remaining land area (0.1685 acres +/-) is to be dedicated to the City of Dover for the purpose of expanding the adjacent Mary and Kirkwood Streets Park. The Mary and Kirkwood Streets Park will then total 0.3255+/- acres in size. The parcels subject to this Minor Subdivision Application lay on the east side of North Kirkwood Street, south of Mary Street. The three (3) subject properties are zoned RG-1 (General Residence Zone) and are currently undeveloped. The owner of record for all three (3) subject properties is NCALL (National Council on Agriculture Life & Labor Research Fund Inc.). The owner of the adjacent Park to be expanded is the City of Dover. Property Addresses: 217, 225, 235 North Kirkwood Street. The parcel containing the Mary and Kirkwood Streets Park is unaddressed. Tax Parcel Numbers: ED-05-076.08-02-20.00-000, ED- 05-076.08-02-21.00-000, ED-05-076.08-02-22.00-000, ED-05-076.08-02-23.00-000. Council District 4. II. PROJECT DESCRIPTION – Minor Subdivision This Minor Subdivision Plan proposes to subdivide the three (3) existing lots into four (4) new lots with the residual being given to the City for the purpose of expanding the adjacent Mary and Kirkwood Streets Park. The three existing parcels all have frontage along North Kirkwood Street. See the following Table for summary of the lots. Site Existing Proposed Description Acreage Acreage Lot 1 0.15 acres+/- 0.1665 217 North Kirkwood Street acres+/- (Southernmost parcel), currently undeveloped, previous location of Elk’s Lodge Lot 2 0.16 acres+/- 0.1665 225 North Kirkwood Street, 16

Item 4. SB-22-05 Minor Subdivision Plan for Lands of NCALL DAC Report of October 5, 2022 Page 2 acres+/- currently undeveloped, previously part of Elk’s Lodge Lot 3 0.52 acres+/- 0.1791 235 North Kirkwood Street, acres+/- currently undeveloped Lot 4 N/A 0.1791 New Parcel to be created acres+/- Residual N/A 0.1685 To be added to existing Kirkwood acres +/- and Mary Streets Park for total park area of 0.3255+/- acres TOTAL 1.0176 acres +/- (44,326.66 SF +/-) As noted in the Summary Table, the three (3) existing lots are currently undeveloped with the previous structures having all been demolished. There is at present no new development proposed in relation to this Application. All existing or proposed new lots have frontages on North Kirkwood Street, which will also be the main points of access to the properties. There is an alley right-of-way to the rear of the proposed Lots 1 and 2; however the alley does not appear to improved (paved). It is assumed that that the Applicant would not intend to provide access via this alley. Proposed Park Expansion The proposed donation of land on the part of NCALL to the City of Dover with the intention of expanding the existing Kirkwood and Mary Streets Park was first presented to the Parks, Recreation & Community Enhancement Committee at its July 12, 2022. The Committee unanimously recommended approval for the proposal, which was subsequently presented to the City Council on their July 25, 2022. Meeting. The City Council voted to accept the donation of Land. These actions were taken first to ensure that the proposal could then be proposed to the Planning Commission with the understanding that the City has already formally agreed to accept the donation of land in order to expand the adjacent City Park. III. SUBDIVISION REGULATIONS REVIEW The procedures for subdivision of land are found in the Land Subdivision Regulations, (Dover Code of Ordinances, Appendix A). Planning Staff confirms this application as a Minor Subdivision. Therefore, the Planning Commission may find the application is subject to one public hearing and review for action by the Planning Commission followed by the administrative process to complete the Final Plat for recordation. In order to subdivide the properties, the plan review must ensure that the subdivision does not create any non-conformities with the bulk standards of the Zoning Ordinance. These bulk standards include minimum lot size, front yard setbacks, side yard setbacks, rear yard setbacks, lot coverage, etc. See also discussion below under Zoning Review. 17

Item 4. SB-22-05 Minor Subdivision Plan for Lands of NCALL DAC Report of October 5, 2022 Page 3 IV. ZONING REVIEW RG-1 Zoning District The property is zoned RG-1 (General Residence Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §2 and Article 4 §4.2. The use as a one-family detached dwelling- unit (single-family home) is a permitted use in the RG-1 Zone. The proposed Lots largely comply with the Zoning Bulk Provisions as noted in Article 4 §4.2 of the Zoning Ordinance. The following Table highlights some of the lot design standards for the RG-1 zone: Minimum Required RG-1 (General Residence Zone) One-Family Detached Dwelling Unit Lot area (sq. ft.) 6,000 Lot width (ft.) 50 Lot depth (ft.) 100 Front yard 15 Minimum side yard (ft.) 5 Rear yard (ft.) 30 Off-street parking spaces/DU 1 Maximum Permitted Building Height: Stories 2½ Feet 35 Lot Coverage 45% All four (4) proposed new lots for development appear to comply with the bulk standards of the RG-1 zone. The type of development for each property is not confirmed but the Applicant has in the past indicated one-family detached dwelling units (single family homes). Any proposed development of the lots will be evaluated for compliance with RG-1 Zoning and the bulk standards as provided in Article 4, Section §4.2 of the Zoning Ordinance. Infill Standards The Zoning Ordinance Article 5 §1.12 provides standards which apply to the development of infill lots which are lots which lie within a developed area. Specifically, these standards require that all such lots provide a sidewalk along the public street frontage, added landscaping, and additional requirements for the design of the primary façade. These lots all currently have sidewalk in place along North Kirkwood Street. The added requirements for landscaping and the primary façade will be evaluated when development of the lots occurs. V. SITE CONSIDERATIONS Site Access There appears to be existing curb cuts on Lots 1, 2, and 3 from North Kirkwood Street, though it would appear the curb cut onto Lot 3 has not been utilized for quite some time as it is immediately confronted by a row of trees on-site. It would otherwise appear that the existing curb-cuts would be well-placed for the proposed new Lots 1, 2, and 3, with a fourth curb cut 18

Item 4. SB-22-05 Minor Subdivision Plan for Lands of NCALL DAC Report of October 5, 2022 Page 4 being likely required for the proposed Lot 4. There is an existing alley to the rear of Lots 1 and 2, and it is unclear whether it extends further north to the rear of Lot 3. It is noted however, that this alley is unimproved and appears to only be platted to connect to Cecil Street to the south. It is therefore unlikely that this alley will be able to be utilized as rear access for potential future development. Sidewalk There is an existing sidewalk along the North Kirkwood Street frontage of the entire site(s). There currently does not appear to be any sidewalk connections onto any of the Lots either existing or proposed. The need for any site improvements or site access requirements (including sidewalks) will be assessed once any potential development of the new Lot(s) is proposed. VI. TREE AND LANDSCAPE PLANTING The tree preservation, tree planting and landscaping requirements are subject principally to the regulations found in Zoning Ordinance, Article 5 Sections 15 and 16 and are also addressed in other various sections of code related to buffering, screening, and open space. This is not required for this Minor Subdivision Plan review. VII. CITY AND STATE CODE REQUIREMENTS The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Confirm the details of the unfinished alley to the rear (east) of the subject properties. The Plan showing the proposed new Lots shows the alley extending from south to north only until it reaches the proposed Lot 3. However, the map showing the existing Lots seems to indicated it may extend further north. 2) Provide the existing Lot Coverage in square footage, as well as percentages. 3) For clarity, assign each Lot a reference number. For example, “Lot 1, Lot 2 ,” etc. Use this reference number instead of the Tax Parcel IDs in the Data Column, label on the drawing itself and wherever else is appropriate. 4) Identify the Scale used for the map showing existing Parcels at top right. Be aware that Article 10, Section 2.521 requires that two location maps be provided; one at 1=400” and 1=1,200”. 5) Where identifying property owners, note the parcel owned by the city of Dover as “Kirkwood and Mary Streets Park.” 6) Add a note regarding the donation land to expand the Park. This should note details of the city Council Meeting and the action taken. 7) In the Data Column: a. Correct the Tax Parcel IDs. For example, Lot 1 should read as ED-05-076.08-02- 20.00-000. 19

Item 4. SB-22-05 Minor Subdivision Plan for Lands of NCALL DAC Report of October 5, 2022 Page 5 b. Note the zoning as “RG-1 (General Residence Zone).” c. Note the square footage of the lots as well as the acreage. d. For clarity, remove the line that says “Total Number of Lots Adjusted: 4,” and instead note total number of existing lots, and proposed lots. e. Do not assign Parcel IDs to Lots that do not yet exist as, once created, new Lots will be given new Tax Parcel IDs. This again will be helped by assigning both existing and proposed Lots a reference number. f. Combine the “Setbacks” and “Lot Coverage” into one subsection, and note all Zoning and Bulk Standards of the RG-1 (General Residence Zone). g. Note the current use of lots as “vacant” in addition to “residential.” 4) The Final Plan set must include notes documenting any action taken by the Planning Commission and must list any additional conditions of approval. 5) The Record Plan Sheet must document and identify any existing and proposed easements for cross access, utilities, drainage, etc. associated with the subdivision of these lots. 6) The Final Record Plat submission must include requirements described in Dover Code of Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat and any additional requirements of the Planning Commission. 7) The formal Record Plan will need to be recorded upon completion of the approval process with any corrections identified by the reviewing agencies. VIII. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted in order to promote and protect the public health, safety, convenience and general welfare; ensure the orderly growth and development of the City, the conservation, protection and proper use of land, and adequate provision for housing, recreation, circulation, utilities and services; and safeguard the City from undue future expenditure for the maintenance of streets and public spaces. 1) This Minor Subdivision Plan creates four (4) lots out of the existing three (3) parcels, with the remainder to be given to the City with the intention of expanding the adjacent Kirkwood and Mary Streets Park. From south to north, the proposed Lots 1, 2, 3, and 4 are to be located with frontages directly onto North Kirkwood Street. The remaining land area at the north of the subjects site(s) is to be dedicated to the City for the purpose of expanding the Kirkwood and Mary Streets Park adjacent to the north. All three (3) of the existing lots are currently vacant, as the previous residential and other uses have been demolished. The Subdivision Plan generally appears to comply with the Land Subdivision Regulations and bulk standards of the RG-1 Zone. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are offered for consideration by the Planning Commission. 20

Item 4. SB-22-05 Minor Subdivision Plan for Lands of NCALL DAC Report of October 5, 2022 Page 6 IX. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the Minor Subdivision Plan occur in the finalization of the Plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies making recommendations in regard to the plan. 2) Following Planning Commission approval of the Minor Subdivision Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan must be submitted for final endorsement prior to recordation at the Kent County Recorder of Deeds Office. 3) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 4) Any future development of Lots 1-4 for residential use must comply with all zoning provisions of the RG-1 (General Residence Zone). Development must also comply with the provisions regarding Infill Development as found in the Zoning Ordinance Article 5, Section 1.12. It is noted too that development on Lots 1-4 must connect to City water, and waste water services, and must have their own driveways (via curb cut) to access off-street parking. 5) The Applicant shall continue coordination with the City of Dover City Manager’s Office regarding the transfer of land to the City for the expansion of the Kirkwood and Mary Streets Park. 6) The applicant shall be aware that Minor Subdivision Plan approval does not represent a site development approval, a Building Permit, and associated construction activity permits. A separate application process is required for review and approvals for development activity from the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 21

CITY OF DOVER Item 4. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 28, 2022 APPLICATION: Lands of NCALL at 217, 225 & 235 North Kirkwood Street: Minor Subdivision Plan FILE #: SB-22-05 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 / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. Our office has no objection to the minor subdivision plan. Further requirements will be provided if additional development plans are submitted. 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. Water impact fees will be associated with future development of this site. 2. Any future development shall adhere to the City of Dover Water/Wastewater Handbook. 3. 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. WASTEWATER 1. Wastewater impact fees will be associated with future development of this site. 2. Any future development shall adhere to the City of Dover Water/Wastewater Handbook. 3. 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. SANITATION 1. If this property is developed into a commercial business, please find the following: a. 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 City22

Item 4. Lands of NCALL at 217, 225 & 235 North Kirkwood Street: Minor Subdivision Plan SB-22-05 September 28, 2022 Page 2 of 2 of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2), 90-gallong recycling containers. b. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. c. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. STORMWATER / STREETS 1. If this property is developed, future approvals may be required from the Kent Conservation District and DelDOT. 2. Any future development shall adhere to the Specifications, Standards & Procedures for Public Works Construction. 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 . 23

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEP 28, 2022 APPLICATION: Lands of Silver Linings Holding Corporation at 630 W. Division Street FILE #: Z-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 Our office has no objection to the rezoning of: ED-05-076.08-01-40.01-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and meters will be assessed at that time. 2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook. https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 24

C F SB-22-05 Item 4. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 09/28/22 D S O H V A E L R APPLICATION: Lands of NCALL at 217, 225, 235 N Kirkwood St FILE #: SB-22-05 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 minor subdivision plan, this office has no objections. 2. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the 25

Item 4. 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) 3. Project to be completed per approved Site Plan. 4. 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. 26

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of NCALL at 217, 225. 235 North Kirkwood Street FILE#: SB-22-05 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. North Kirkwood and Mary Street are both municipality-maintained streets. 2. DelDOT has no objections to subdividing these parcels. 27

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 OCTOBER 2022 APPLICATION: Lands of NCALL at 217/225/235 North Kirkwood Street: Minor Subdivision Plan FILE #: SB-22-05 REVIEWING AGENCY: Kent Conservation District CONTACT: 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 minor subdivision plan for above referenced site. 28

Item 4. 29

Item 5. PETITION TO AMEND ZONING DISTRICT Public Hearing Before the Planning Commission October 17, 2022 Applicant/Owner: Silver Linings Holdings Corp. c/o Tolano Anderson Address: 630 W. Division Street, Dover DE Location: South side of W. Division Street opposite Ridgely Street Tax Parcel: ED-05-076.08-01-40.01-000 Size: 1.0853 acres (47,275.3 SF.) Present Use: Professional Office Comprehensive Plan Designation: Mixed-Use Present Zoning: C-3 (Service Commercial Zone) and COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) and COZ-1 (Corridor Overlay Zone) Request: To amend the zoning of the 1.08+/- acre parcel at 630 W. Division Street, Dover DE 19904 from C-3 to C-2A. The proposed use is residential/office mix. File Number: Z-22-03 Ordinance Number: 2022-12 I. APPLICATION SUMMARY This Rezoning Application consists of one parcel of land totaling 1.0853 acres (47,275.3 SF+/-) located on the south side of W. Division Street opposite the intersection with Ridgely Street. The property is zoned C-3 (Service Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) while remaining subject to the COZ-1 (Corridor Overlay Zone). The owner of record is Silver Linings Holding 30

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 2 Corporation c/o Tolano Anderson. Property Address: 630 W. Division Street. Tax Parcel: ED- 05-076.08-01-40.01-000. Existing Property: The property has frontage along West Division Street to the north and contains a two-story professional office building of 19,400 SF. Vehicle access to the site is via a shared access with the neighboring property to the east (650 West Division Street) off of West Division Street. There is a sidewalk along the West Division Street frontage and almost the entire property is either paved or covered by the existing building. The applicant is seeking rezoning to C-2A (Limited Central Commercial Zone). This application only seeks rezoning of the property from C-3 to C-2A; the COZ-1 (Corridor Overlay Zone) designation will remain. Previous Applications: In 2020, this property was subject to Rezoning Application Z-20-03 Lands of Telano D. Anderson at 630 West Division Street, which sought to rezone the property from the existing C-3 (Service Commercial Zone) to IO (Institutional and Office Zone) while retaining the COZ-1 (Corridor Overlay Zone) designation. The rezoning was sought to allow for the establishment of an Emergency Shelter which is a permitted use in the IO zoning district. The Z-20-03 Rezoning Application received a Recommendation of Approval from the Planning Commission at their November 2020 meeting. However, the Application was ultimately denied by the City Council at their December 14, 2020 Meeting and the Rezoning of the property to IO was consequently not permitted. In 2021, the property was subject to Rezoning Application Z-21-03 Lands of Silver Linings Holding Corporation at 630 W. Division Street, which sought to rezone the property from C-3 (Service Commercial Zone) to C-2A (Limited Central Commercial Zone) while retaining the COZ-1 (Corridor Overlay Zone) designation. The Z-21-03 Rezoning Application received a Recommendation of Approval from the Planning Commission at their April 19, 2021 Meeting. However, the motion for Rezoning failed at the City Council Meeting of May 10, 2021 and the property remained zoned C-3 and COZ-1. Surrounding Land Uses The surrounding parcels are all zoned commercial. The property immediately adjacent on the east and south of the subject property is zoned C-3 (Service Commercial zone) and contains a mini-storage facility. Immediately adjacent to the west is another property zoned C-3 which contains a car wash facility. Across West Division Street to the north are properties again zoned C-3 and also C-2A (Limited Central Commercial Zone), containing a variety of commercial uses. The subject property, as well as the surrounding parcels have a Land Use Category of Mixed Use. This is with the exception of the parcels to north and east of the subject property (across West Division Street but immediately east of Ridgely Street) which have a Land Use Category of Industrial. II. COMPRENSIVE PLAN COMPLIANCE REVIEW In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this property be used for Mixed Use. The goals and recommendations for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: 31

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 3 Goals: Mixed Land Use The overall goals for Mixed Use areas are: 1. Encourage creation of neighborhood centers. 2. Within the close-knit neighborhood fabric there are opportunities for the creation of urban centers. These centers should be established along major roadways and feature mixed use development, pedestrian-friendly public environments, and opportunities for connection to future transit. 3. In order to encourage non-automobile access to the center, the activities should be clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw upon residents from a number of surrounding neighborhoods. 4. Develop strategies that will encourage the creation of well-defined public street spaces and pedestrian-friendly village areas that encourage walking and bicycle use. This may include on-street and behind building parking, and the creation of build-to lines for new development. 5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle, and transit networks to parks and natural areas. 6. Encourage the Mixed Use of residential and commercial uses in the Downtown area. The following is an excerpt from the 2019 Comprehensive Plan regarding Mixed Use land uses (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 St. 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 32

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 4 revitalization will hinge on mixed land uses and developing a commercial niche. Removal of blighted conditions, rehabilitation and redevelopment of traditional residential areas, and reestablishment of neighborhood identity will be important components of the City’s strategies and initiatives. The goal of the Land Development Plan is to enhance the role of Downtown Dover as a major employment, residential and commercial center as well as the symbolic and cultural heart of the community. Efforts should strive to recognize its unique heritage and historic resources and to provide for mixed use development allowing greatest variation of uses, Activities to reestablish the economic and social vitality of Downtown neighborhoods are encouraged. The Rezoning Request to C-2A (Limited Central Commercial Zone) is consistent with the Land Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019 Comprehensive Plan) specifies that the following zones are compatible with this Land Use classification. See the excerpt from Table 12-1 given below. It is noted that the Mixed Use Land Use Category identifies a number of zoning districts that allow for a mix of commercial, institutional, and residential uses. C-2 (Central Commercial) (Downtown Redevelopment Target Area Only) C-2A (Limited Central Commercial) TND (Traditional Neighborhood Design) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) RGO (General Residence and Office) (Downtown Redevelopment Target Area Only) Mixed-Use R-8 (One Family Residence) R-10 (One Family Residence) RG-1 (General Residence) RG-2 (General Residence) RG-4 (General Resident - Multi-Story Apartments) C-3 (Service Commercial) CPO (Commercial and Professional Office) IO (Institutional and Office) III. ZONING REVIEW Request for C-2A (Limited Central Commercial Zone) Zoning The following description of the C-2A zoning district is provided from Article 3 §14 of the Zoning Ordinance. 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. 33

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 5 (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 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. COZ-1 (Corridor Overlay Zone) The purpose and requirements of the COZ-1 (Corridor Overlay Zone) are given in Article 3 §27 of the Zoning Ordinance. The COZ-1 regulations include the following: Article 3 Section 21. – Corridor overlay zone 1 (COZ-1). 27.1 Purpose. The corridor overlay zone (COZ) is established for the following reasons: (a) To promote superior urban corridor development and the highest quality built environment; (b) To foster coordination and linkage among corridor properties and with adjacent lands; (c) To preserve the functionality and efficiency of the roadway for traffic movement; and (d) To achieve a visually balanced streetscape environment which is friendly to the pedestrian and motorist alike. 27.2 Superior urban design. For the purposes of this ordinance the term "superior urban design" shall meet the following criteria: (a) Superior urban design places a strict and primary importance on the pedestrian. The concept should lend itself to interconnectivity while presenting building structures as aspects of the street, not simply islands existing in the "sea of roads". The design should encourage fewer car-trips, as well as promote automobile trips on an interconnected local street system rather than trips that utilize the arterials. In demonstrating superior urban design, an applicant must show that the plan presented exceeds the requirements of the zoning ordinance in at least two of the following areas: (i) Transportation amenities for bicycles, pedestrians and transit that exceed those required by the zoning ordinance; (ii) Architectural features including, but not limited to: LEED-certified buildings; unique architecture not replicated in other locations; use of architectural elements such as entry porticos, porte-cocheres, colonnades, cornices, porch columns and balusters, band courses, 34

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 6 coins, water tables and other trim that enhances visual quality and function of the structure; and use of the highest-quality construction materials. (iii) Landscaping that exceeds the requirements of this section, including robust use of trees, shrubbery, and flowering plants to screen parked cars; water gardens and ponds; arboretums; tree preservation measures; (iv) Public spaces and art including, but not limited to, sculpture, memorials, murals, public court yards and pocket parks, and fountains; (v) Green technologies for stormwater management, as well as green energy technologies such as geothermal heating and cooling and solar energy supplies. (b) The city planner shall develop policy guidance on how the concept of superior urban design will be evaluated. 27.3 Zone boundaries. The COZ encompasses the lands adjacent to the following roadways as outlined on the City of Dover Zoning Map as set forth in article 2, section 2 of this ordinance: (a) Delaware Route 8 (Forrest and Division Streets) from the railroad tracks in a westerly direction to the city limit line. (b) McKee/Saulsbury Road (County Road 156) from the intersection at Dennys Road (County Road 100) in a southerly direction to the terminal intersection with West North Street (County Road 73). 27.4 Permitted uses. Land use shall be governed by those provisions of this ordinance related to the specific zoning district designations of each property as depicted on the zoning map. 27.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 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 in use. When the zoning district regulations specify that a particular use requires conditional use approval in accordance with article 10, section 1, the provisions of that article shall apply. Site development plans and conditional use site plans for properties within the COZ shall reflect compliance with the development guidelines of this article, in addition to all other applicable codes and regulations. 27.6 Development guidelines. 27.61 Setbacks: a. Front yards. Residential Nonresidential Min. Max. Min. Max. McKee/Saulsbury 60' to 80' 40' to 50' * Route 8—Artis Drive to Mifflin Road 60' to 80' None Route 8—Mifflin Road to Saulsbury Road 40' to 60' 40' to 60' * Route 8—Saulsbury Road to R.R. line 20' to 30' 20' to 30' Subdivision streets (Setback provisions of article 4 shall apply) * When the applicant can demonstrate to the satisfaction of the planning commission through the site plan review process that the proposal involves a superior urban design, the maximum setback may be increased to no more than 90 feet from the property line on Route 8 from Mifflin Road to Saulsbury Road and on McKee and Saulsbury Roads. 35

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 7 27.62 Building placement. Buildings shall be situated on the property so as to maximize the use of the frontage along the roadway and shall have the longest side of the building arranged parallel and square to the roadway. When the applicant can demonstrate to the satisfaction of the planning commission that, due to specific constraints related to lot configuration, alternative building placements may be permitted. 27.63 Parking. (a) Location. Parking shall not be permitted to be situated within the front yard, nor between the right- of-way line and the building, except in the following instances: (i) Automobile service stations; (ii) Properties in a shopping center (SC) zoning district, in which case, parking may be permitted between the building and the roadway, provided that such parking [shall] be limited to five rows of single parking spaces between the road and the storefront; (iii) When the applicant can demonstrate to the satisfaction of the planning commission through the site plan review process that the design presented involves a superior urban design, parking may be permitted between the building and the street, provided that such parking within this area shall be adequately landscaped and screened from the roadway. (b) Required number of spaces. See specific district requirements in article 4. (c) Layout. (i) Parking lots shall be arranged in such a manner so that not more than 20 parking spaces in a row shall be permitted without a landscaped island. No more than six rows of 20 spaces shall be provided without provision for a landscaped median. Parking islands shall be a minimum of ten feet wide and planting medians shall be no less than eight feet wide. (ii) There shall be a landscaped buffer area of at least 12 feet in width between the building and parking lot and drive areas. The buffer area shall include provisions for a sidewalk of at least six feet and no greater than eight feet in width. The buffer area and sidewalk shall be grade separated from the parking lot by concrete curbing of at least six inches in height. (d) Landscaping. Design shall be simple and easy to maintain and shall consist of a combination of hardy canopy trees, low evergreen shrubs and turf grass, and shall be designed in accordance with landscape guidelines set forth in article 5, section 15 of this ordinance and as follows: (i) Interior landscaping. A minimum of five percent of the interior area of a parking lot shall be reserved for landscape purposes. This provision shall include the landscaping of all required parking islands and medians. Shade trees shall be incorporated within the landscaped islands whenever and wherever practicable. (ii) Parking lot screening adjacent to public right-of-way. Low profile screening shall be required when parking spaces would result in vehicles facing onto the roadway. Screening may consist of a low wall, evergreen hedge with a minimum height of two feet at the time of planting, planted three feet apart on center, and a maximum height of three feet at maturity, or earth berm. Should a low wall be used, such wall shall be accompanied by evergreen shrub plantings on the roadway side of the wall and spaced ten feet apart on center. (iii) Reserved. 36

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 8 27.64 Site access. (a) Entrance width and radii. Site entrances shall have a minimum width of 24 feet. Entrances involving a median divider shall be at least 35 feet in width. Entrance radii shall be a minimum of 15 feet and a maximum of 25 feet. (b) Number of entrances and curb cut spacing. One curb cut shall be permitted for each street which abuts a site. For sites with street frontage in excess of 300 linear feet, one additional curb cut may be permitted. For sites with street frontage in excess of 600 linear feet, two additional curb cuts may be permitted. Multiple curb cuts on a property shall have a minimum spacing distance in accordance with the following schedule: Speed Limit Maximum Spacing (Ft.) 25 105 30 125 35 150 40 185 45 230 50 275 (c) [Shared access.] Shared access shall be provided, whenever possible, for entrances to adjoining uses, including residential driveways. (d) [Cross access.] Cross access shall be provided among abutting uses of similar use categories, whenever possible, to provide linkage between properties as an alternative to re- entering the corridor to access both existing and future neighboring properties. (e) Entrance locations for adjoining properties. Commercial site entrances shall be no closer than 25 feet to an adjoining property which is zoned residential and no closer than ten feet to an adjoining property which is in a nonresidential zoning category. 27.65 [Signs.] Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations. 27.66 Building height. (a) Buildings shall be limited in overall height to 35 feet and shall not exceed two stories. 27.67 Open space and landscaping. (a) Lot coverage. Each lot shall have a minimum of 25 percent of the lot area dedicated to be landscaped open space. A lesser amount of landscaped open space may be permitted when it can be demonstrated to the satisfaction of the planning commission, through the site plan review process, that, due to lot configuration and existing built conditions, the required minimum is impractical. (b) Frontage. Each lot shall have a landscaped open space of at least 25 feet in width, measured from the back of curb along the entire frontage of the lot, except at points of site access. Trees 37

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 9 shall be provided along the frontage perimeter at a minimum rate of one tree for each 50 linear feet of frontage. (c) Side and rear yards. A minimum of 15 feet of landscaped open space shall be provided along all side and rear lot lines when abutting a residential use and a minimum of five feet when abutting a nonresidential use. Tree plantings shall be provided along all nonfrontage perimeters at a minimum rate of one tree for each 75 linear feet. (d) Stormwater detention ponds. Detention ponds may be counted toward the minimum 25 percent open space area, provided that such ponds are designed to emulate natural features by incorporating irregular outline, gradual slopes (no greater than 1:4), and appropriate landscape plantings. (e) Landscaping. Landscaped open spaces shall be designed in accordance with the provisions of this section, as well as the landscaping guidelines as set forth in article 5, section 9 of this ordinance. (f) Screening. The following items shall be located so as to minimize visibility from the roadway, adjacent properties and other public areas, and shall be screened from public view: (1) Service bays; (2) Loading docks and platforms; (3) Rooftop utilities; (4) Satellite dishes; (5) Dumpsters; (6) Storage areas. (g) Standard for tree plantings. Trees shall be of a high canopy variety and shall be limbed to a minimum height of 12 feet above grade at maturity. (h) Standards for shrubbery. Shrubbery shall be of a low evergreen variety and shall be limited to use as foundation plantings and for screening purposes. (i) Standards for ground cover. Ground cover shall be limited to turf and ornamental grasses and ornamental evergreen ground cover plantings within required landscape areas. 27.68 Lot configuration. All lots within the corridor overlay district created after the enactment of this section shall conform to the following: (a) Minimum lot area [shall be] 10,000 square feet. Service stations [shall have a minimum lot area of] 20,000 square feet. (b) Minimum lot depth shall be 100 feet. In the C-3 (service commercial) district, the minimum lot depth shall be 150 feet. (c) Minimum road frontage shall be at least 100 feet. In the C-3 (service commercial) district, the minimum road frontage shall be 150 feet. 27.69 Architectural review. The side of any building which faces the corridor (or corridors) shall be referred to as the "corridor elevation." Buildings in the COZ-1 shall be designed to front on the corridor, and the corridor elevation shall contain architectural elements traditionally associated with the front of a building. Blank walls without functioning windows are prohibited along the corridor. Windows must be incorporated into the overall design concept of the corridor elevation. Providing one or several small windows on a large corridor elevation shall not constitute compliance with this ordinance. 38

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 10 A "functioning window" shall be defined as a window which lets light into the interior of the structure, and is integrated and related to the interior layout of the space. In addition to functioning windows, the corridor elevation shall have the following elements: (a) A primary entrance door or doors (except for loading doors). (b) A primary entrance feature, such as a porch, portico, awning, entrance walk, or other similar feature. In addition, the corridor elevation shall have one of the following elements: (a) Landscaping integrated into the building design concept. (b) Architectural or urban design elements which link adjacent structures together, such as plazas, walkways, colonnades, or similar features. (c) Architectural relief, such as vertical and horizontal offsets in exterior wall elevations, band courses, lintels and sill courses, cornices, and the like, to create shadow lines. The applicant shall submit 12 copies of the corridor elevation at the time of application. The city planner or his/her designee shall determine whether compliance with the provisions of this ordinance has been achieved. 27.7 Properties located on a corner lot with two frontages within the Corridor Overlay Zone. When a property is located on the corner of two corridors within the Corridor Overlay Zone, only one of the two corridors shall be subject to the requirements of Section 27.61 Setbacks and Section 27.63 Parking, Subsection (a) Location. The frontage of the property on which the identifiable front of the building is located shall be the frontage that is subject to the requirements of Section 27.61 And Section 27.63, Subsection (a). In designing the site, in order to qualify for the relief under this subsection, the applicant must demonstrate to the satisfaction of the planning commission that the design incorporates the principles of superior urban design as defined in Section 27.2. IV. RECOMMENDATION OF THE PLANNING STAFF: This Request is to rezone lands from C-3 (Service Commercial Zone) to C-2A (limited Central Commercial Zone). The permitted uses allowed in the current zoning district of C-3 focus on offices, service related uses and establishments, and some industrial and manufacturing uses with limitations; residential uses are not permitted. the C-2A zone consists of a much broader mix of uses in both the commercial and residential sectors. The permitted uses in the C-2A zone that are commercial uses include retail, office, personal service & service establishments, restaurants, hotels, and places of assembly. The C-2A zone also includes permitted uses that are residential in nature including one-family residences (detached dwellings and duplex units), apartments and multi-family dwellings (more than 2 dwelling units in same building). The C-2A zone also includes conditional uses (uses subject to a specific review process for approval) for parking lots and parking structures and fuel pumps accessory to a permitted use. Staff recommends that the Rezoning be granted to C-2A (Limited Central Commercial Zone) while retaining the COZ-1 (Corridor Overlay Zone) as requested, as the proposed zoning is consistent with the Comprehensive Plan for the Mixed Use land use classification. The Division Street corridor is a main east-west roadway though the northern core of Downtown Dover where a mix of commercial and residential type activities could be expected to serve the community. The neighboring blocks already include mix of commercial businesses (offices, restaurant, funeral home); service establishments (car wash, laundromat, motor vehicle services); and a variety of residential options. The area includes a range of transportation modes and opportunities (vehicle, transit, pedestrian, and bicycle). This area is the beginning of the 39

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 11 Downtown commercial area. There is existing infrastructure for water, sanitary sewer, and electric services and the police, fire, and emergency medical services service the area. Staff also recommends that the property remain subject to the COZ-1 (Corridor Overlay Zone) due to its frontage on West Division Street. The purposes of the COZ-1 are to promote superior urban corridor development; to foster coordination and linkage among corridor properties; to preserve functionality and efficiency of the roadway for traffic movement; and to achieve a visually balanced streetscape environment friendly to the pedestrian and motorist. (Zoning Ordinance, Article 3 §27). The design and landscaping requirements of the COZ-1 can enhance the appearance along the corridor. Planning Staff also notes that this corridor was the focus of a 2015 charette study documented in the Division Street/Forest Street Dover Capital Gateway Plan and Design Book. With a goal of creating/improving the Division Street corridor as a welcoming, vibrant gateway and revitalizing this segment of Central Dover, the Study is offers guiding principles and objectives related to transportation, land use/urban design, regulatory, and social/process. This Rezoning Request is an opportunity for the Study’s implementation actions as part of any future activities to reimage and rehabilitate an existing property/building. This Rezoning Request does not grant approval of a specific use for the property but makes its land use subject to a listing of uses permitted and potential conditional uses as allowed in the C-2A zoning district. Staff notes that any potential development for the site or changes of use for the existing building would have to be in line with the zoning classification and would similarly have to follow all development design guidelines of the Zoning Ordinance. Were the Application for Rezoning to be recommended by the Planning Commission and subsequently approved by the City Council, the applicant would still have to submit Site Development Plans and/or Permits for review for any new use of the site or the building. Any non-conformity of the existing buildings’ uses and placement regarding the bulk standards of the C-2A would be subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and Uses. Any development of the property once zoned C-2A would be subject to the bulk standards and provisions and the review processes for site development. This recommendation is being made without that benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration. V. PLANNING COMMISSION REVIEW FOR RECOMMENDATION This Rezoning Application is a request for a zoning map amendment which changes the zoning district of a property. The Planning Commission as part of their public hearing and review process will provide a recommendation on the rezoning request to City Council. As part of the process outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the following factors when considering the request: Article 10 § 5.36 Report of the planning commission. Regarding each application for a zoning map amendment, the planning commission shall provide a report to the city council 40

Item 5. Z-21-03 Lands of Silver Linings Holdings LLC at 630 W. Division Street: Rezoning DAC Report of October 5, 2022 Page 12 stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: (A) Whether the uses permitted by the proposed change would be compatible with the existing uses and zones in the area concerned; (B) Whether adequate public services and infrastructure exist or can be created or expanded to serve the needs of any additional demand as a result of such change; and (C) Whether the proposed change is in accordance with the city's current comprehensive plan. A Recommendation Report from the Planning Commission will be forwarded to City Council for their consideration of the Rezoning Application. VI. ADVISORY COMMENTS TO THE APPLICANT: 1) The applicant shall be aware that approval of any Rezoning application does not represent Site Development Plan approval. Following any decision made by City Council in regard to this Rezoning, then an application for a Site Plan, Subdivision Plan, and/or appropriate Building Permits must be submitted to the Planning Department prior to the establishment of a use, development activity, or any construction activity on the site. The applicant should contact the Planning Staff to determine the appropriate review process for any proposed projects. 2) The applicant shall be aware that approval of any Rezoning application does not represent a Building Permit, Demolition Permit, Sign Permit, or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 3) The applicant shall be aware that any future use of the existing structures may be subject to a separate permitting or licensing process through the City of Dover Licensing and Permitting Division. All businesses operating in the City of Dover are required to obtain a City of Dover Business License. Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. 41

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 28, 2022 APPLICATION: Lands of Silver Linings Holding Corporation at 630 W. Division Street FILE #: Z-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 / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. Our office has no objections to the proposed rezoning of tax parcel ED-05-076.08-01-40.01-000. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works Construction. Impact fees may 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 . 42

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEP 28, 2022 APPLICATION: Lands of Silver Linings Holding Corporation at 630 W. Division Street FILE #: Z-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 Our office has no objection to the rezoning of: ED-05-076.08-01-40.01-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and meters will be assessed at that time. 2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook. https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 43

C F Z-22-03 Item 5. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 08/31/22 D S O H V A E L R APPLICATION: Lands of Silver Linings Holding Corporation at 630 W Division St. FILE #: Z-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. Proposal is a rezoning application. This office has no objections to this. 2. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 3. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color 44

Item 5. 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) 4. 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 5. Project to be completed per approved Site Plan. 6. Full building and fire plan review is required. 7. 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. 45

Item 5. 8. Construction or renovations cannot be started until building plans are approved. 9. 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. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Proposed future occupancy classification is unknown. Once determined, additional comments will apply. 2. If there is a change in occupancy classification, plans from an authorized/licensed design professional are required to be submitted to the Chief Building Inspector showing how code compliance will be achieved with the new occupancy. This submittal needs to be approved by the Chief Building Inspector. 3. There was site work completed without proper approvals. Please obtain proper approvals and correct the site work (currently interferes with egress from the building, see item # 4 listed above). 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. 46

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Silver Linings Holding Corporation FILE#: Z-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. DelDOT has no objection to rezoning. 47

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 OCTOBER 2022 APPLICATION: Lands of Silver Linings Holding Corporation at 630 W. Division Street FILE #: Z-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: 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. 48

City of Dover Application No.: Z-22-03 Item 5. Department of Planning & Inspections RG-1 t Ful ton S RG-1 IPM RG-1 M t est S NW C-1A C-3 C-2A Ridg C-3 C-3 Dr t ely S ton M Wes C-2A IO St C-2A is ion IO W Div C-2A S est SW C-1A C-3 t Fore C-1 st St C-1A IO RG-1 RG-1 C-3 Lincoln St IO Rail Cherry St R-8 Davis Cir RG-1 RG-1 C-3 road R-8 C-3 Ave R-8 RG-3 Tile: Lands of Silver Linings Holding Corporation Ordinance #: 2022-12 Legend Address: 630 W. Division Street Parcel IDs: ED-05-076.08-01-40.01-000 Dover Boundary Existing Zoning: C-3 (Service Commercial Zone) Subject Property COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) Zoning COZ-1 (Corridor Overlay Zone) Dover Parcels Owner: Silver Linings Holding Corporation Date: 8/29/2022 Corridor Overlay Zone 0 125 250 500 Feet « Historic District 49

Item 5. RIDG PARCEL SUBJECT ELY OF THIS PLAN ST. T. ISION S DIV FOR EST STR EET LINCOLN ST LOCATION MAP 1"=400'± 630 W. DIVISION STREET 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 T-302-744-9875 F-866-672-6428 8/5/2022 8/5/2022 50