Attachment

ATTACHMENT #1 PR&CE Committee Meeting of 01/13/2009 Action Requested DSCLT asks you to consider joining a NSP Leveraging partnership that will: ƒ Multiply NSP Funds for Delaware (NSP X 2.5) ƒ Provide Incentives for Buyers in an Uncertain Market ƒ Add Real Estate & Administrative Expertise ƒ Create an On-going Affordable Housing Resource ƒ ACTION STEPS: 1. Pledge $___________ to the NMTC/NSP Leveraging Plan through a non-binding PR&CE Committee Meeting of 01/13/2009 letter of intent to DSCLT. DSCLT did submit an independent proposal to DSHA and is eligible to receive and manage the funds through a NMTC Joint Venture partnership 2. Designate the Pledged Funds as a Financing Mechanism in your revised NSP budget to DSHA ATTACHMENT #1 Using these Pledge Letters – DSCLT and partners will obtain commitments for both the leveraged loan & NMTC allocation by March and get the next steps moving. 1

NSP Leveraging Investing in a New Markets Tax Credit Structure will Multiply NSP Money 2.5 Times Leveraging NSP funding is encouraged and finance mechanisms are an allowable use: “§2301(c)(3)(A) establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and moderate- income homebuyers.” Description of Flow of Funds $1 Million (MM) Dollar Example Use NSP Funds as collateral to obtain a line of credit in an $1MM NSP equal amount. $1MM Line of Credit Invest NSP and loan funds through an NMTC structure and $500,000 NMTC equity generate additional equity to use in finance mechanism to $2.5MM total capital (NSP + Line of Credit + NMTC) purchase, rehab and sell foreclosed properties. Use loan funds to acquire and renovate properties. Request draw down from NSP. Request NMTC equity. Sell home. Use NMTC equity and NSP funds to create generally conforming first mortgages, second chance mortgages and “soft second” mortgages. Use sale proceeds to pay off the leverage loan Remaining homebuyer first and second mortgages fund on-going affordable housing in Delaware 2

NMTC Structure Benefits Benefit to Jurisdiction: • The line of credit will eliminate the need for jurisdictions to pay for the properties, environmental reviews and appraisals out-of-pocket while waiting for HUD reimbursement. • The NMTC funding will pay for property maintenance costs while the property is held for rehab and sale. • By creating “soft second” and “second chance” (NSP Mortgages), the buyer pool will be increased substantially by adding homebuyers who otherwise would not qualify. • Joint venture entity assumes risk for loan and NMTC compliance. • Joint venture entity pays transfer taxes and property taxes, where applicable. • Multiplies the amount of homes and families that can be impacted by 2.5 times by leveraging funds. • Staffing to do the work is the responsibility of joint venture entity, not the Jurisdiction. • Jurisdiction retains 5% NSP administration fee. • Reporting and compliance to be managed by joint venture entity. • Jurisdiction can retain control of areas that are important to them, including targeting properties, neighborhoods and buyers, where applicable. • Existing partners still included and do the work that was originally allocated to them. • HUD 18-month time frame to obligate funds met when NSP funds invested in NMTC finance structure. • Each jurisdiction will receive the benefit of the leveraged funds proportionally to the amount that they invest, even though the money is initially pooled. 3

Joint Venture Structure Organization Structure and Flow of Money DSCLT – NCP Managing Members ~ 99.99% Jurisdiction Passive Members ~ .01% NSP Money Leverage Loan NMTC Equity Aggregated Funds Community Development Entity Sussex New Wilmington New Kent New New Castle New Dover New Markets Housing Markets Housing Markets Housing Markets Housing Markets Housing 4

NMTC Leveraging Team Van Temple, Executive Director • Financing and management of New Markets Tax Credit (NMTC) investments Diamond State Community Land Trust (DSCLT) • Leveraging Federal dollars Ricardo Rodriguez, Vice President • Management of CDBG disaster relief dollars Morgan Stanley New Markets, Inc. • Experience in community development and public-private partnerships William Whitman, Managing Member • Sound relationship with DSHA New Community Partners, LLC Matthew Parks, CRA and Wholesale Banking Director Discover Bank 5

ATTACHMENT #2 PR&CE Committee Meeting of 01/13/2009 DATA SHEET FOR ACTIVE RECREATION AREA PLAN REVIEW Recreation Plan Dated November 7, 2008 PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF January 13, 2009 Planning Commission Meeting of February 17, 2009 Plan Title: Woodmill Apartments Complex at Commerce Way (C-08-14) Plan Type: Conditional Use Site Plan: Active Recreation Area Plan Location: North Side of Commerce Way adjacent to the existing Woodmill Apartment Complex Tax Parcel Number: ED-05-076.10-02-07.03-000 Owner: H & M Properties, Inc. Equitable Owner: Investment Properties Associates Site Area: 13.97 Acres +/- Residential Proposed Use: Residential Development – 6 Apartment Buildings (Total 216 units) Zoning: RG-2 (General Residence Zone) Amended Report: Staff has reviewed the revised plan submitted by the applicant (cover memo dated December 30, 2008 and plan dated November 7, 2008). Staff has made changes to this report. All additions are in red type, and all deletions are in red strike-through. Project Summary The expansion of Woodmill Apartments is being reviewed as a Conditional Use Site Development Plan. The subject property consists of one parcel of land totaling 22.97 acres +/-. A subdivision is a part of the development of this site that will create two (2) parcels. The residential portion will consist of 13.97 +/- acres. The Conditional Use Site Plan is to permit the construction of six (6) apartment buildings with 36 units in each building for a total of 216 units. The residential units consist of apartments.

C-08-14 Woodmill Apartments Complex at Commerce Way: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on January 13, 2009 Page 2 of 7 Active Recreation Area Plan Summary: As part of the Conditional Use Site Plan review process for this project, the applicant prepared an Active Recreation Plan which illustrates how the expansion of Woodmill Apartments development will provide recreation amenities in accordance with the design specifications described in Article 5, Section 10 of the Zoning Ordinance. The Plan indicates that 60,000 S.F. (1.37 ac +/-) of land would be reserved as Active Recreation Area. The Active Recreation Areas are located near the stormwater management facility on the west side of the site. The proposed amenities include a walking path, a covered pavilion, four picnic tables, two grills, a bird and butterfly garden, a dog park, and benches. The dog park is located along the southwest corner of the site. It contains 14,000 SF of Active Recreation Area. A fence surrounds the dog park area. The access gate into the dog park and the rules for the dog park need to be identified. The only sidewalk in the area of the dog park is across the drive aisle. There is no direct access to the dog park. The area of the walking path that counts towards the Active Recreation Area is the actual developed area of the paved walking path. The walking path area needs to be recalculated. This has been recalculated to be 6,000 SF of area. Staff is concerned with the use of the bird and butterfly garden as active recreation area. The proposed area appears to be passive and not an active recreation area. This type of garden does not appear to meet the definition of recreation areas as defined in Article 5 Section 10.13 of the Zoning Ordinance. 10.13 Definition. The following are illustrative of the types of recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the recreation area requirements of this section: tennis courts, handball courts, racquetball courts, swimming pools, saunas and exercise rooms, meeting or activity rooms within clubhouses, baseball and soccer fields, basketball courts, volleyball courts, swings, slides and play apparatus, and developed walking, jogging or biking trails. The Active Recreation Area plan submitted eliminate the bird and butterfly garden and replace it with grassed area suitable for playing Frisbee or other such activities, and landscaped area along the stormwater pond. The overall recreational components must be reviewed by the Parks, Recreation, and Community Enhancement Committee for a recommendation prior to consideration of the Conditional Use Site Plan by Planning Commission. The following table provides information from the submitted Plan (dated 11/7/2008) for the Active Recreation Area to be constructed:

C-08-14 Woodmill Apartments Complex at Commerce Way: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on January 13, 2009 Page 3 of 7 Required Provided on Original Provided on Revised Plan Plan Active Recreation 275 S.F. per dwelling unit Pavilion, 4 picnic tables, 2 Pavilion, 9 picnic tables, 4 Area or 0.5 acre, greater thereof grills = 26,500 S.F. grills, grassed area with (Article 5 §10.16) 216 DU = 59,400 S.F. Walking path, bird and benches = 43,000 S.F. (1.363 ac) butterfly garden = 19,500 Walking path = 6,000 S.F. Requires 1.363 acres S.F. Dog park with benches = Dog park with benches = 14,000 S.F. 14,000 SF. Total of 60,000 S.F. (1.37 Total of 60,000 SF (1.37 acres) acres) Active Recreation Accessible Located near the Located near the stormwater Amenities stormwater management management area. The (Article 5 §10.15) pond. Only access is by walking path is accessible at the sidewalk to the south both the north and south ends (along the access drive into of the recreation area, and a the site). crosswalk is provided to The dog park is not connect from the walking accessible. path to the dog park. Active Recreation Age Oriented to Pavilion Pavilion Amenities development Picnic tables and grills Picnic tables and grills (Article 5 §10.15) Walking path Walking path Benches Parking On-site parking provided No Change. for each dwelling unit. Setbacks: 30 feet from The structures are 30 ft No change residential lots and 25 feet from residential lots and from right-of-way for street are not within in 25 feet of the right-of-way. The pavilion is 150 feet from the property line and 90+/- feet from the residential building. The walking path, dog park, and bird and butterfly garden are not considered structures and are not subject to these requirements. Landscaping The Plan for the project The amended plan shows shows trees in the area. trees throughout the area, as well as landscaping along the pond and along the garages. Staff Recommendations: The following are comments and recommendations from Staff of the Department of Planning & Inspections and the Parks & Recreation Department following review of the Active Recreation

C-08-14 Woodmill Apartments Complex at Commerce Way: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on January 13, 2009 Page 4 of 7 Area to be constructed. 1. The proposed plan meets the area requirements for the Active Recreation Area. The plan is required to provide 1.36 acres of Active Recreation Area and it is proposing 1.37 acres of Active Recreation Area. This includes the bird and butterfly garden. If the bird and butterfly garden does not count toward the Active Recreation Area, the plan does not meet the requirement for Active Recreation Area. This also includes the walking path as it is currently calculated. 2. Staff recommends approval of the four (4) nine (9) picnic tables, two (2) four (4) grills, walking path, pavilion, benches, and dog park. 3. Staff recommends denial of the proposed bird and butterfly garden area as counting towards the Active Recreation Area requirement. The proposed area does not meet the definition of Active Recreation Area in Article 5 Section 10.13 of the Zoning Ordinance. Staff notes that this is a good amenity for the site but it is not considered Active Recreation. 4. Staff recommends that the actual area of the paved walking path be calculated. This has been done. 5. Staff recommends the applicant provide some type of playground equipment. Staff notes that this active recreation area is to be for the new dwelling units; however, it is likely that tenants from the existing apartment complex will also utilize the proposed active recreation area. This would provide Active Recreation Area for a wider range of age groups. The applicant has indicated that these apartments are for a target population of 55-years-of-age and older. However, they do not intend to age restrict it, and the residents of the existing complex are of a more widely varying age range. Staff still believes that a tot lot or playground area is needed either in this area or elsewhere within the complex. 6. Staff recommends that there should be landscaping/visual buffer along the rear of the two (2) garages that are adjacent to the Active Recreation Areas. Landscaping has been added in these areas. 7. Staff recommends the plan provide intra-connectivity (sidewalks) between the dwelling unit buildings to the Active Recreation Areas. 8. Staff recommends providing an accessible walking path to the pavilion and an accessible path to a bench and picnic table. The revised plan shows this accessible walkway to the pavilion area.

C-08-14 Woodmill Apartments Complex at Commerce Way: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on January 13, 2009 Page 5 of 7 9. Staff recommends that an accessible sidewalk be installed along the south side of the main drive aisle into the site off of Commerce Way. 10. Staff recommends that crosswalks be placed throughout the site to allow for safe, accessible access throughout the site. The revised plan includes crosswalks. 11. Staff recommends that the walking path be connected across the drive aisle to the north to connect to the existing clubhouse for Woodmill Apartments, and to the dog park. The amended plan addresses this recommendation. 12. Staff recommends that street light types of lighting be placed along the walking path. 13. Provide access to the existing clubhouse, tennis courts, and swimming pool on the existing Woodmill Apartments. These amenities will be available to the tenants in the new apartments. These amenities are not counted toward the new Active Recreation Area as they serve the existing Woodmill apartments. Sidewalk access, cross walks, and the walking path have been extended to this are on the amended plan. 14. Staff notes that there are existing recreational amenities located on the existing Woodmill Apartment complex. These amenities include tennis courts, a swimming pool and a clubhouse. These amenities do not count towards the new apartment complex as they were built for the existing Woodmill Apartment complex. The amenities will be utilized by both the existing and proposed Woodmill Apartments. 15. Provide access to Schutte Park and the pedestrian and bike path across North Street. Schutte Park is located around a half mile to the west across West North Street/Hazelettville Road. A bike path along the west side of Commerce Way would provide access to Schutte Park and allow for the tenants in the apartment complex to access the park as well as a connection to the pedestrian and bike path across the West North Street. Access across North Street to the multi-use path that accesses Schutte Park is currently under discussion. 16. Staff recommends denial of the proposed fence around the stormwater management pond. 17. The following items should be included on the Plan to clarify the construction of the recreation area improvements: a. A list of the proposed features needs to be provided on the Active Recreation Plan (i.e. the number of benches and the details of the items). b. Identify the material of the waking path. c. Lawn areas shall be appropriate planted (seeded or sodded) a maintained for active recreation activities. d. Indicate the type and height of the fence of the dog park. The typical metal chain

C-08-14 Woodmill Apartments Complex at Commerce Way: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on January 13, 2009 Page 6 of 7 link fence is not recommended for appearance reasons. e. Provide a path from the walking path to the pavilion. f. Indicate that one of the picnic tables and at least one of the benches is handicap accessible. g. Provide a construction detail of the proposed benches, pavilion, etc. h. Provide rules for the dog park. Including the location of the rules at the dog park. i. Indicate where the gate is for the dog park. j. Provide information for the dog park including by not limited to: method of trash collection, surface material, water fountain, etc. k. Indicate the method of trash collection for the picnic tables and pavilion area. l. Indicate the types of plantings (flowers, shrubs, etc.) that will be planted near the stormwater management pond. Ensure the plants are suitable for the stormwater management area. The amenity is a good one for the site to incorporate with the stormwater management pond. The Kent Conservation District will need to review the plantings as a part of their review. m. Recalculate the developed are of the walking path so it includes the actual area of the walking path only. n. Provide architectural elevations of the proposed pavilion. o. Provide accessible crosswalks located at the area where the walking path ends and another possible crosswalk where the last row of parking spaces is located on the north side of the drive aisle. 18. In the event, that major changes and revisions to the Plan occur in the finalization of the Plan contact the Department of Planning and Inspections. Examples include reorientation of buildings, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 19. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units. Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met. 20. There shall be provisions which insure that the common open space land (including active recreation area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership

C-08-14 Woodmill Apartments Complex at Commerce Way: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on January 13, 2009 Page 7 of 7 and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space. a. Add a note on the Plan regarding who is responsible for maintenance, insurance and taxes on the common open space. The Parks, Recreation, and Community Enhancement Committee shall submit to the Planning Commission a report detailing their recommendations as to the Recreation Area Plan. Attachments: Recreation Plan Sheet dated November 7, 2008.

DATE: December 30, 2008 TO: Janelle Cornwell City of Dover , Planning Department FROM: Laura R. Swiski, PE Northpoint Engineering SUBJECT: Woodmill Apartments, Active Recreation Areas The attached Active Recreation Area Plan for Woodmill Apartments delineates the 60,000 s.f. of proposed Active Recreation Area and shows the intended uses. The Active Recreation Areas have been designed to be appropriate for the target resident population of 55 and older, while still being enjoyable to all ages. The proposed Active Recreation Areas are as follows: Area Name Description Area (S.F.) Dog Park Fenced grass area with trees and park benches for residents to walk, exercise and play with their dogs. A dual-purpose water fountain will be provided for dogs and their owners to use. A 5’ high black vinyl-clad chain-link fence will be provided around the dog park. 14,000 s.f. Picnic Area Grass area with trees, picnic benches, grills, and a covered pavilion for residents to gather and/or have picnics. Open grass areas adjacent to pavilion are suitable for playing Frisbee, etc. 43,000 S.F. Trail A 5’ wide paved pathway connects the clubhouse area in the existing apartment complex with the proposed picnic area and proposed dog park. 6,000 S.F. Total Active Recreation Area Provided: 60,000 S.F. Total Active Recreation Area Required (275 S.F./DU x 216 Apartments): 59,400 S.F.