Planning Commission Packet

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, December 19, 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 December 19, 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 December 19, 2022 Dial: 1-650-479-3208 Event number/Access code: 2533 087 3623 Event password: DoverPC Event Address: https://bit.ly/PCMeeting121922 If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736- 7196. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ADOPTION OF AGENDA APPROVAL OF MINUTES 1. Adoption of the Minutes of November 21, 2022 COMMUNICATIONS & REPORTS 1

PLANNING COMMISSION - December 19, 2022 PAGE 2 Meeting Reminder: The next Planning Commission regular meeting date January 17, 2023 at 7:00 PM Update on City Council Actions Department of Planning & Inspections Updates 2. Schedule of Deadlines and Meeting Dates for 2023 Education and Training Opportunities 3. University of Delaware - Institute for Public Administration presents two opportunities for training via Zoom!  January 18, 2023 at 10:00 A.M. - Planning 101: Planning Your Community Future  February 8, 2023 at 10:00 A.M. - Introduction to Land-Use Law, the Constitution, and Takings OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval NEW APPLICATIONS 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road – Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for recommendation to City Council for three parcels of land totaling 40.1157 +/- acres located on the north side of West Denneys Road. Parcel A: The parcel consists of 27.5834 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owners are George L. Craig Jr. and Deborah J. Craig. Property Address: 57 Rocky Road. Tax Parcel: ED-00-056.00-01- 40.00-000. The property is currently zoned AR (Agricultural Residential District) in Kent County. The proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel B: The parcel consists of 10.5661 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owners are Robert G. Keller and Gloria K. Keller. Property Address: 4085 W. Denneys Road. Tax Parcel: ED-00-056.00-01- 41.00-000. The property is currently zoned RM (Multifamily Residential District) in Kent County. The proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel C: The parcel consists of 1.9662 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owner is Bruce A. Burkett. Property Address: unaddressed parcel on W. Denneys Road. Tax Parcel: ED-00-056.00-01- 42.00-000. The property is currently zoned AR (Agricultural Residential District). The proposed Zoning is RM-2 (Medium Density Residence Zone). The annexation category for the three parcels according to Dover’s 2019 Comprehensive Plan is Category 2: Priority Annexation Areas and the land use designation is Residential Medium Density. Proposed Council District 1. Ordinance #2022-25. The First Reading of this 2

PLANNING COMMISSION - December 19, 2022 PAGE 3 Annexation Request was held on November 14, 2022. Public Hearing before the Planning Commission is scheduled for December 19, 2022 and City Council on January 9, 2023. 5. S-22-14 Commerce Way Dover DE LLC Warehouse on Commerce Way – Public Hearing and Review of a Site Development Plan to permit construction of a 234,000 SF +/- warehouse and associated site improvements on Commerce Way. The property is zoned IPM (Industrial Park Manufacturing Zone). The property is located on the northwest side of Commerce Way, north of W. North Street. The owner of record is H & M Properties, LLC. The Equitable Owner is Commerce Way Dover DE, LLC. Property Address: 22.967-acre unaddressed parcel on Commerce Way. Tax Parcel: ED-05-076.10-02-07.03-000. Council District 1. PLUS #2022-09- 05. This site was subject to MI-19-02: Comprehensive Plan Amendment 2019, and the Rezoning application Z-19-01: Lands of H&M Properties on Commerce Way which was approved in March 2019. Waiver Request: Partial Elimination of the Fence Component of the Opaque Barrier. For Consideration: Performance Standards Review. 6. S-22-16 Retail Store at 293 South Saulsbury Road – Public Hearing and Review of a Site Development Plan to permit construction of a 9,100 SF, one-story retail building and associated site improvements. The proposed development is to be located on the undeveloped northern portion of the parcel already containing a retail building (convenience store) and associated fuel pumps (Royal Farms). The property is zoned C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the east side of South Saulsbury Road and north of W. North Street. The owner of record is West Dover Roadway, LLC. Property Address: 293 S. Saulsbury Road. Tax Parcel: ED-05-076.11-01-43.00-000. Council District 4. For Consideration: COZ-1 Superior Urban Design. This site was subject to Conditional Use Site Plan Application C-11-05 Royal Farms and Bank at 293 Saulsbury Road reviewed by Planning Commission in November 2011 with its Final Plan approval issued in February 2012. 7. MI-22-05 Text Amendment: IPM-2 (Industrial Park and Manufacturing Zone) - Public Hearing and Review for Recommendation to City Council of a Text Amendment to the Zoning Ordinance, Article 3 – District Regulations, Section 20A – Industrial Park Manufacturing Zone – Business and Technology Center (IPM-2), Section 20A and Article 12 – Definitions to include Vocational education facility. The proposed Ordinance outlines additional permitted land uses within the IPM-2 Zone to include printing, publishing, binding, and packaging, as well as various accessory uses. The Ordinance proposes adding several Conditional Uses to include Building contractor’s yard with restrictions; Vocational education facilities; Associated retail uses in conjunction with and accessory to a permitted use with restrictions; Craft distilleries and microbreweries with restrictions. The proposed Ordinance adds a purpose statement and includes guidelines and performance standards for the regulation of the above. Ordinance #2022-21. First Reading was held by City Council on November 28, 2022 where the Public Hearing dates were set for Planning Commission on December 19, 2022 and City Council on January 9, 2023. NEW BUSINESS ADJOURN Posted Agenda: December 9, 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 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 The Meeting of the City of Dover Planning Commission was held on Monday, November 21, 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), Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs. Welsh (virtual), Mrs. Malone (virtual) and Mrs. Maucher. Mrs. Denney was absent. 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 were Dr. Nicholas Alcorn, Mr. James Taylor, Mr. Robert Davis and Mr. Michael Riemann. Speaking from the public was Ms. Linda Parkowski, Mr. Zach Prebula and Ms. Maame Mould (student a Del Tech Community College) just listening to meeting. APPROVAL OF AGENDA Mrs. Maucher stated that earlier today a Revised Agenda was provided that was posted on the City of Dover’s website that added a Request for Extension. When we arrived at the meeting, there was another amendment to remove an application for inadequate public notice and that was Application S-22-14 Commerce Way Dover DE LLC Warehouse on Commerce Way. Mrs. Welsh moved to approve the Revised Agenda as submitted with both changes, seconded by Mr. Baldwin and the motion was unanimously carried 8-0 with Mrs. Denney absent. APPROVAL OF MEETING MINUTES OF OCTBER 17, 2022 Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of October 17, 2022, seconded by Mr. Cooper and the motion was unanimously carried 8-0 with Mrs. Denney absent. COMMUNICATIONS & REPORTS Mrs. Gray provided an update on the regular City Council and various Committee meetings held on October 24 & 25, 2022 and November 14 & 15, 2022. Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled for Monday, December 19, 2022 at 7:00PM in the City Hall Council Chambers. Mrs. Melson-Williams stated that they received a piece of correspondence that the Planning Commission was copied on. This was a letter dated November 1, 2022 from Pennoni Associates. It is in relation to that Raymond Street/Railroad Avenue Street Improvement Project and the Land Subdivision Waivers that were under consideration at the City Council Committee. This was an updated letter regarding those requests for waivers and focusing in on two of the waivers specifically and withdrawing a third. This is just a bit of correspondence for you on those waiver requests. The Safety, Advisory and Transportation Committee has recommended approval and that will go onto City Council for their meeting next week. Mrs. Melson-Williams stated that the City is closed for the Thanksgiving holiday on Thursday and Friday. They are inching closer to hopefully filling our Planner position. They conducted 1 4

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. interviews last week. Hopefully, they will have good news shortly and will keep the Commission posted on that. 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 Requests for Extensions of Planning Commission Approval: S-20-12 Walker Pavilion: 101 Mont Blanc Boulevard – Request for one year extension of the Planning Commission Approval granted November 16, 2020 of a Site Development Plan Application to permit the construction of a two story 24,657 S.F. office building with the associated site improvements to be known as the Walker Pavilion. The project area consists of one parcel of land totaling 2.615 acres ±. The property for the proposed development is zoned CPO (Commercial Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located at the southwest corner of Walker Road and Saulsbury Road and has its entrance access from Mont Blanc Boulevard. The owner of record is Moore Walker Road, LLC. Property Address: 101 Mont Blanc Boulevard. Tax Parcel: ED-05-067.19-04-52.00-000. This Application received Conditional Approval from the Planning Commission at their November 2020 meeting, and Final Plan approval is pending. Representatives: None Mrs. Melson-Williams stated that application S-20-12 is a Site Plan that the Planning Commission reviewed back in November 2020 for a proposed two-story office building and the associated site improvements. On the screen, they have an architectural view of it and its parking lot. That initial Planning Commission approval was good for a two-year time period during which time they needed to finalize the Plan, pull a Building Permit, and commence construction; however, we are not quite there. They are seeking a one-year extension which the Zoning Ordinance does allow them to do. They have a letter that they received dated today, November 21, 2022 seeking that request for extension. She will note that the Plan has moved through our Check Print review process and they believe that most of the agency approvals are in hand. We have the Final Plans in our office and will be confirming all of those agency approvals and getting ready for final endorsement of the Site Plan. There is a Building Permit Application that has been filed so that review will continue once Planning approval is granted to the Site Plan. However, they do need to extend their approval request and that is what is before you tonight. Mr. Hartman moved to approve S-20-12 Walker Pavilion: 101 Mont Blanc Boulevard for a one- year extension that was originally approved by the Planning Commission on November 16, 2020, seconded by Dr. Jones and the motion was carried 8-0 by roll call vote with Mrs. Denney absent. Mr. Hartman voting yes. Mr. Baldwin voting yes. Dr. Jones voting yes. Mrs. Welsh voting yes. Mrs. Malone voting yes. Mr. Cooper voting yes. Mr. Roach voting yes. Mrs. Maucher voting yes. NEW APPLICATIONS 2 5

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street – Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel of land totaling 11,248.2 SF (0.2582 +/- acres) located at 1107 S. Bradford Street, Dover. The property is currently zoned RM (Multifamily Residential District) in Kent County. The proposed zoning is C-2A (Limited Central Commercial Zone). The property is located on the east side of S. Bradford Street approximately 135.37 feet south of Wyoming Avenue. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Commercial Low Intensity. The owner is Ditko Properties, LLC. Property Address: 1107 S. Bradford Street. Tax Parcel: ED-00-077.17- 01-12.00-000. Proposed Council District 2. Ordinance #2022-19. The First Reading of this Annexation Request was held on October 10, 2022. Public Hearing before the Planning Commission is scheduled for November 21, 2022 and City Council on December 12, 2022. Representative: Dr. Nicholas Alcorn, partner at First State Oral Surgery (ownership of property by Ditko Properties, LLC) Mrs. Melson-Williams stated that this is a Request for Annexation as noted. It is a property at 1107 South Bradford Street. The image on the screen is of the location. It is to the south of Wyoming Avenue. It is an enclave area of several properties that are currently not within the City of Dover and this is a request by one of those to become part of the City. It is just over 11,000 square feet in land area. Currently, in the County it is zoned RM (Multifamily Residential District) and the proposed zoning classification is C-2A (Limited Central Commercial Zone). Our Comprehensive Plan has designated this property as Category 1: High Priority Annexation Areas and the land use in the Comprehensive Plan is Commercial Low Intensity. Currently, the property has on it a single family detached structure along with a shed and a garage/shed type building. The property was recently acquired by neighboring property owners, and they are the ones seeking to bring it into the City of Dover. It is currently served by City of Dover Electric and City of Dover Water; however, the property is not served by sanitary sewer but there is sewer in the area. It would be the burden of the property owner to make that connection and the costs associated with it. With the Comprehensive Plan, we have to identify areas for annexation, and this is one of them. The Comprehensive Plan also sets the review criteria for considering properties for annexation. It calls out looking at the associated land use category that is shown on Map 13-2; looking at the character and the compatibility of the surrounding land uses of property; looking at things like street type and its capacity; and environmental concerns as well as market conditions, as well as compatibility with the overall goals of the Comprehensive Plan. Our DAC Report includes information about the goals with Commercial Land Use in the City and specifically the Commercial Low Intensity Areas that are meant to really be on the edge of neighborhood areas and provide for retail and service needs of associated residences. Looking at the Land Development Plan, for the land use category of Commercial Low Intensity, the C-2A (Limited Central Commercial Zone) is one of the compatible zoning classifications. On our Report, the C-2A (Limited Central Commercial Zone) allows for basically a mix of both commercial and residential use. So, the existing building on the site as a residence would be compatible with that zone or as the application indicates, future redevelopment of the site is likely. Those future uses would need to meet the requirements of the C-2A (Limited Central Commercial Zone). Planning Staff is recommending approval of the Annexation and it’s Rezoning to C-2A (Limited Central Commercial Zone). It is compliant with the land use classification of Commercial Low Intensity. It is that High Priority (Annexation) Area. It is an 3 6

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. enclave that brings one more property into the City. We find that the C-2A (Limited Central Commercial Zone) is consistent with other surrounding zoning in the area. There are some C-2A (Limited Central Commercial Zone) to the north and there is also other residential zoning and office zones in that general vicinity as well. It is noted that this Annexation and Rezoning request needs a recommendation to City Council by the Planning Commission on the matter and City Council will take the final action. Tonight, we are not approving a specific use or development plan for the property; that would come after it was annexed fully into the City of Dover. The Commission will need to look at whether the proposed change would be compatible with the existing uses and zones in the area, whether there is adequate public services and infrastructure, and whether it’s accordance with the City’s Comprehensive Plan. Application representative, Dr. Nicholas Alcorn noted that he had no additional comments. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Hartman moved to recommend approval to City Council for AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street to include the agreement with the DAC findings that the proposed change is compatible with existing uses and zones in the area concerned and that adequate public services and infrastructure exist or can be created to serve the needs and that the proposed change is in accordance with the City’s current Comprehensive Plan; in fact it is a High Priority Area for annexation, seconded by Mr. Baldwin and the motion was carried 8-0 by roll call vote with Mrs Denney absent. Mr. Hartman voting yes; for reasons stated. Mr. Baldwin voting yes; for the reasons stated. Dr. Jones voting yes; the application is consistent with the City’s Comprehensive Plan and in consideration of the comments from the DAC. Mrs. Welsh voting yes; the Annexation Request and Rezoning Request are in keeping with the Comprehensive Plan so it’s appropriate for the area. Mrs. Malone voting yes; for reasons stated. Mr. Cooper voting yes; for reasons stated. Mr. Roach voting yes; for reasons stated. Mrs. Maucher voting yes; for reasons stated. S-22-12 DuPont Plaza at 747 N. DuPont Highway: Revised Master Plan – Public Hearing and Review of a Revised Site Development Master Plan to permit phased construction of a retail center known as DuPont Plaza. The center is to consist of three buildings totaling 52,190 SF and is to be constructed in three phases. The buildings proposed include three multi-tenant structures of 18,360 SF (Building A – Retail and Bank, Phase 1); 14,150 SF (Building B, Phase 2); and 19,680 SF (Building C, Phase 3); and a Pocket Park site amenity. The property is zoned SC-2 (Community Shopping Center Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway and south of Leipsic Road. The owner of record is Rojan 15 DD, LLC. Property Address: 747 North DuPont Highway. Tax Parcel: ED-05-068.05-01-15.00-000. Council District 3. PLUS #2018-02-02. This site was subject to S-19-03 Retail Center at 747 N. DuPont Highway: Master Plan reviewed by Planning Commission in March 2019 and July 2019 with its Final Plan approval issued in 2021 along with Administrative Site Plan S-19-18 DuPont Plaza: Phase 1. Representatives: Mr. James Taylor, Verdantas (Duffield & Associates); Mr. Robert Davis, Verdantas 4 7

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. Mrs. Melson-Williams stated that this is a Revised Master Plan Application (a Site Development Master Plan). It is for a property that’s addressed basically as 747 North DuPont Highway. We find this property on the east side of DuPont Highway just to the south of Leipsic Road with one of its street connections linking to Leipsic Road but the main frontage of the property is on DuPont Highway. The property is zoned SC-2 (Community Shopping Center Zone) and is also subject to SWPOZ (Source Water Protection Overlay Zone). The project consists of a total of three buildings in a series of phases. This project previously has full plan approval for a Master Plan for Phase 1 back with a Plan from 2019 which was S-19-03; however, they have made some changes. That Plan from 2019 consisted of four buildings, probably most notably including what was proposed to be a Golden Corral Restaurant, but plans have now changed. For this property now that is just under 10-acres of land, they have a layout of three multi-tenant commercial buildings. The one closest to Route 13 has a potential bank tenant and they are planning for a drive-through circulation with that building. With this project, they have outlined a series of phases with that building closest to Route 13 being Building A and also in Phase 1. There is a series of parking lots and perhaps what is something slightly unusual for a shopping complex. It does have a centralized kind of pocket park area; there is some area of green space in the center of this that is accessible by the series of sidewalks that cross the property and make those linkages. With the SC-2 (Community Shopping Center Zone), you may look at this and say it’s not quite big enough but it is associated with the property to its kind of northeast that the Commission recently saw as the Dover Apartments on Leipsic Road. That project moved through a Site Plan Review process. They have shared access from Leipsic Road and interconnection of those two properties as they were originally one large tract of land that was subdivided several years ago. With the project, she notes that it is in the SWPOZ (Source Water Protection Overlay Zone); and with that, there are some limitations on levels of impervious surface coverage. The existing conditions were over 77% impervious cover and they have reduced it down to just over 66%. They will be seeking that their stormwater management design meets superior infiltration in order to maximize groundwater recharge in this area and with a Master Plan, that would put them under the 75% maximum impervious cover. Moving to the building architecture, they do have a sample of the architecture; and this, kind of focuses on what would be the Building A. Basically, a one-story building somewhat taller than that with a series of colors and a mix of materials with the typical display storefront window systems for multiple tenants across the main façade of the building. It is anticipated that most of the buildings in this complex would be similar in architecture. From a parking perspective, they are exceeding the minimum required number of parking spaces. They are providing loading zones at each of the buildings and also adding incorporated bicycle parking in their project as well. There was an image of the Landscape Plan that shows tree plantings throughout the project area. They are required to have a landscape buffer along the perimeter of the project and they have implemented that. There are plantings in the park area in parking lot islands and the like. They have also planned for lighting, dumpsters and are utilizing curbing throughout the site. With this application, it is a Site Development Master Plan meaning that they provide the overall concept for the project and then each phase, before it commences construction, there is a more Administrative Site Plan review process that Planning Staff and our DAC reviewers will go through. In our DAC Report, there are some minor changes to the Plan for corrections. They did identify a couple of other recommendations. They noted specifically with architecture that they need to ensure that there is not blank walls and that there is some dynamic features, especially at the rear of Building A because that will be quite visible from the other areas of the complex. 5 8

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. They also suggested a better pedestrian linkage could be established from Route 13 leading directly to Building A and then they asked them to consider the other amenities that could be possible in the pocket park area. There is not any particular requirements but we suggested looking at options for seating or their plantings in those areas because it may be the opportunity for the holiday Christmas tree in that location. Mr. Taylor stated that Mrs. Melson-Williams mentioned most of the items that he was going to cover here but there are a couple other pieces just to touch on. This Plan went through approvals from 2019-2021. DelDOT approvals were granted for the two entrances off of Leipsic Road as well as Route 13 and those entrances are staying in the same configuration as what was approved on those plans. With this they are relocating some of the buildings, but the amount of traffic is to remain the same or even slightly less. Then they are also adding additional green space into this Plan which he thinks creates a better atmosphere for this site. Three buildings are proposed in three different phases with the first building being Building A which is the one closest to Route 13. Himself, as well as the owner property who is there tonight in person for any questions for him, but they are both there to answer any questions that the Commission may have. Mr. Hartman stated that he had a question that may require an answer from both the Planning Staff and the applicant. First for Planning Staff; we acknowledge that this is in the SWPOZ (Source Water Protection Overlay Zone) and there has been some concern about that in the past. He sees that there are three standards matching; 30% impervious, 60% impervious and 75% impervious. How did we end up at 75% impervious at the site? Responding to Mr. Hartman, Mrs. Melson-Williams stated that the property is within the SWPOZ (Source Water Protection Overlay Zone), specifically the Tier 3 Area. When looking at Tier 3 Areas, the allowable maximum lot coverage is in that range of the 30-60%. It can be increased if you are doing infiltration. That’s for new construction. In this case, this is redevelopment of an existing site. So what the Tier 3 for an existing site, existing conditions and redevelopment says you have to reduce that impervious cover by 15% of your pre-development conditions. From that 75.35%, the Code for redevelopment would say you reduce it by 15%; however, because it is a Site Development Master Plan, it has a slightly different alternative for considering maximum impervious cover. With Site Development Master Plans, it allows that maximum impervious cover to be as high as 75% if it meets the qualification of the superior infiltration design. Our Code calls out that the City Engineer would need to certify to that. With the previous Master Plan, it did achieve that and we really haven’t changed the stormwater management plan for this. Technically if it is determined that it’s superior infiltration design, their maximum impervious cover could be as high as 75%. Their Plan as shown is at a rate of 66.3%. They are reducing from what is there currently, getting a lot more green space on that property, and are still seeking to use that infiltration design. She doesn’t know if Mr. Taylor wants to speak a little bit more to the Stormwater Management Plan for this project site. Mr. Taylor stated that Mrs. Melson-Williams answered most of the stuff that he was going to respond to but for this site, there have been changes so they do have to go back to Kent Conservation District for approval of the Sediment and Stormwater Plans. But the locations of those facilities are in the similar locations as what was done before. They believe that this superior infiltration design will be approved for this site as well which would allow them up to 75% but they don’t believe that they would need to get up to that 75% in this concept. 6 9

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. Mr. Hartman asked when the original certification was completed by the City Engineer. Responding to Mr. Hartman, Mrs. Melson-Williams stated that it would have been associated with the S-19-03 Plan. That was the previous Site Development Master Plan for the project site. Mr. Hartman asked if at that point the site was considered to be 77% impervious. Responding to Mr. Hartman, Mrs. Melson-Williams stated that she believes that the 77.35% was the existing conditions out there. This was previously the Berry Van Lines site where the buildings were taken down a number of years ago but there were significant areas of pavement and concrete covering most of the property. She believes that the 77% is that kind of existing condition. With the S-19-03, she would have to look up as to what they were achieving with that Plan as to what percentage they got down to. Mr. Hartman stated that looking at the aerials that he has access to on the internet, the site doesn’t look like its 77.35% impervious. He is questioning the Engineer’s original certification. Responding to Mr. Hartman, Mr. Taylor stated that he is correct. The current aerials would show that there is not impervious on this site. When the plans were approved back in the 2020-2021 timeframes, the site received a Demolition Permit to remove the existing asphalt and building slabs that were onsite. That 77% goes back before that timeframe of when those things were removed. As far as the question about when the superior infiltration design was received, that was received on January 6, 2021 as part of the Public Works Water/Wastewater approval. Mr. Hartman asked how they are going to maximize infiltration of this site. Responding to Mr. Hartman stated that there is an infiltration facility that is purposed at the front of Building A. It is an underground infiltration facility and a large portion of stormwater for the site will be going to that and going into the ground for infiltration. That ends up going to Mr. Lyon as the Water/Wastewater Engineer has to sign off on that item. Mr. Hartman stated that he believes that the Commission should be concerned with protecting our recharge areas. He wants to ask Staff one more question about the 77.35% impervious cover. If it’s been changed, why are we still using that number? Why is that number still in the DAC Report? Responding to Mr. Hartman, Mrs. Melson-Williams stated that it’s likely that that was information that was reported on the Plan itself and technically their Plan from S-19-03 is still a valid plan; however, they are changing their design so that’s probably why it’s really being carried forward. We would not revert to the (current) existing condition out there because this has taken initial steps forwards redevelopment under an authorized Permit. Mrs. Welsh asked Mr. Taylor if they are in agreement with the DAC comments in regard to the building elevation on the east side to ensure that there is no big blank wall there. It is a highly visible area. She is just wondering if they have any thoughts as to what they might do to address that comment. Responding to Mrs. Welsh, Mr. Taylor stated that they will be working with the owner and the project architect. Obviously all of this stuff has to be approved by the Planning Staff, but they are confident that they will be able to provide something as they did previously for the entire site. They are working through those comments from DAC as well as the City Staff on this plan. Mrs. Welsh asked if the Commission will see any new elevations at all or is that just going to go through the Planning Staff. Responding to Mrs. Welsh, Mrs. Melson-Williams stated that if you 7 10

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. have concerns with that, you could certainly make that as part of your motion that the architecture for any individual building be presented to the Planning Commission for kind of a check in process. We have done that before with Site Development Master Plans and the general concept is approved; however, as part of that Administrative Site Plan review step, the architecture comes back in greater detail to the Planning Commission as an item of Old Business. It’s just to check-in to ensure that the Commission has that comfort level with that Code requirement regarding the avoidance of blank walls. Mrs. Welsh stated that she thinks that would be something that they would be wise in having as part of the motion. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Maucher stated the number of parking spaces is required at 174 but they are proposing 302 spaces. She is wondering what the cause for the increase is. Responding to Mrs. Maucher, Mr. Taylor stated that a lot of the times tenants have specific requirements for parking spaces that they would end up having as part of their agreements. As part of that, they have an over amount of parking spaces at this point in time but they need to make sure that they are providing enough for each individual tenant to have their needs met. Mrs. Welsh moved to approve S-22-12 DuPont Plaza at 747 N. DuPont Highway: Revised Master Plan inclusive of the DAC Comments and in particular in regards to the future architecture of the buildings that the Commission be given submittal elevations that are presented for review on the facilities, seconded by Mrs. Malone and the motion was carried 7-1 by roll call vote with Mrs. Denney absent. Mrs. Welsh voting yes; she thinks that it is a great project for the space. That area has been vacant for quite some time and it will surely be an improvement if we have some great looking facility there with a lot of retail and a lot of traffic on that corner as it is a great location. Mrs. Malone voting yes; she agrees with Mrs. Welsh’s comments. Mr. Cooper voting yes; for reasons previously stated. Mr. Roach voting yes; for reasons previously stated. Mr. Hartman voting no; based on the inconsistencies tonight with submission of information for the project’s stormwater management and superior infiltration design. Mr. Baldwin voting yes; for reasons previously stated. Dr. Jones voting yes; for reasons previously stated. Mrs. Maucher voting yes; for reasons previously stated and it is a good plan as that site has been vacant for quite some time. S-22-13 Garrison Homes LLC Warehouse at 119 Rosemary Road – Public Hearing and Review of a Site Development Plan and associated Lot Consolidation Plan to permit the construction of a one-story, 17,485 SF warehouse and associated site improvements at 119 Rosemary Road and 110 Lafferty Lane. The properties are zoned M (Manufacturing Zone) and subject to the AEOZ (Airport Environs Overlay Zone): Noise Zones A and B, APZ I (Accident Potential Zone I), and APZ II (Accident Potential Zone II). The properties are located on the east side of Rosemary Road and north of Lafferty Lane. The owner of record is Garrison Homes, LLC. Property Addresses: 119 Rosemary Road and 110 Lafferty Lane. Tax Parcels: ED-05-077.16-02-12.02- 000 and ED-05-077.16-02-12.01-000. Council District 2. Waiver Requests: Elimination of Sidewalk along Rosemary Road and Lafferty Lane; Partial Elimination of Upright Curbing. For Consideration: Performance Standards Review. 8 11

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. Representative: Mr. Michael Riemann, Becker Morgan Group Mrs. Melson-Williams stated that this is a Site Development Plan and also has a Lot Consolidation Plan. Right now, there are two parcels of land on the east side of Rosemary Road which are the final two lots within what was originally subdivided as the Simpson Industrial Park back 1995. The property involves two tracts of land addressed currently as 119 Rosemary Road and 110 Lafferty Lane. The piece on Lafferty Lane is an existing house with some outbuildings that they have acquired, and it is actually a part of the industrial park here. The zoning is M (Manufacturing Zone) and it is also within the AEOZ (Airport Environs Overlay Zone). It has areas that are in the APZ I (Accident Potential Zone I) and APZ II (Accident Potential Zone II) and then Noise Zones A and B. She mentioned those because within the AEOZ (Airport Environs Overlay Zone) all uses of the buildings must comply with the Land Use Compatibility Table that is part of the Zoning Ordinance. So as tenants take all or part of this building, they will be vetted against that Land Use Compatibility Table. The proposal is for warehouse uses, most warehouse uses do comply unless you have a plan to store something like explosives and then is a no go in the AEOZ (Airport Environs Overlay Zone). This is a proposal for a one story, 17,485 SF warehouse. There is a loading area on its west elevation and then a stepped configuration to deal with some of the setbacks of this particular property. It is intended to take access from a single access point off of Rosemary Road. She thinks that brings it into a parking area that meets the minimum parking requirements and she already mentioned the loading zone area. They have planned for a dumpster enclosure on the north side of the building and the far northern portion of the site is an existing stormwater management facility that is intended to serve this property along with other areas of the industrial park. They are seeking a couple of waiver requests tonight. One of which is the partial elimination of upright curbing which Staff has approved. That is for some of the areas of pavement in the northern portion of the site so that can continue the sheet flow into the drainage swale and into the stormwater management facility that’s in that location. The first waiver request for the Planning Commission to consider is a request for elimination of sidewalk requirements on both Rosemary Road and along Lafferty Lane. Those were both the street frontages for this property. Planning Staff is recommending approval of both of those requests with the notation that the other lots in the park along Rosemary Road have previously received waiver requests from that sidewalk provision. Staff is also supporting the elimination of the sidewalk along Lafferty Lane basically due to a number of environmental and topographic issues in that area related to wetlands nearby and also floodplain areas and what happens with drainage along Lafferty Lane and the Morgan Branch. The Morgan Branch on this property does play a role in how the property can be developed. The Morgan Branch has an area of floodplain. For that floodplain, they have to look to a Letter of Map Revision-Based on Fill that was approved back in 2012 to identify where the Flood Hazard Areas or the 100-Year floodplain is located on this property. As you know, you can’t build in those areas per our Zoning Ordinance, and they are staying out of that. With the Morgan Branch, there is also some nearby wetland areas and since there is a water body, there is a setback provision in our Code. The initial Code requirement is a setback of 100 feet but because of implementation of Riparian Buffer Areas and the documented stabilized bank 9 12

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. to the Morgan Branch, that can be reduced to 30 feet. Even so, they have to step the building to comply with that. They are complying with tree planting requirements. There are opportunities for tree planting on the site. Additionally, there is a buffer requirement because the property across Rosemary Road from them is a residential house so there would need to be some landscape screening of that parking lot that faces that residential area. That will be something that they will need to be adding to their Plan. Because this is in the M (Manufacturing Zone) there is a Performance Standards Review Application where they have to document that their intended project uses would not cause any of the dangerous and objectionable elements list. That is further detailed in their written letter response and in the DAC Report. Planning did have some comments on the plans themselves and just to remind the Commission on the waiver requests: they had granted approval to the elimination of curbing and are recommending approval for the elimination of sidewalks on Rosemary Road and Lafferty Lane. They also note that in the consideration of the Performance Standards Review Application that they find that satisfactory. They do note again specifically that any of the uses on the property will have to go through that Land Use Compatibility Test with the AEOZ (Airport Environs Overlay Zone). The Dover Air Force Base does participate in our Development Advisory Committee review process. The last thing that she will note is that Rosemary Road is not currently a City street. It has not been accepted for dedication. There was some thought back in 1995 that they were going to build it to City street standards and ultimately dedicate it to the City. It is their understanding that that’s not the path that is being pursued at the moment but they would caution that the appropriate provisions should be in place for the maintenance and care of that road because the City is not going to be the one taking care of it. Mr. Riemann stated that the purpose of this project is simply to continue what was already planned and approved for this industrial park. It is one of the last couple of lots to be completed with the intended goal of building a flex warehouse space. It could be warehouse, distribution, light manufacturing or office. What they are seeing in the marketplace is that the spaces need to be ready to go so that tenants can readily occupy these spaces and this is attempting to respond to that market demand. The proposed site, as Mrs. Melson-Williams stated, is about a 17, 000 SF building. They are proposing access to Rosemary Road which is currently a private street. His client was not the original developer of the industrial park and so has no real control over that road and whether or not it would become a future City road. It is not his intention to do that. He understands that it is a private road and that the City of Dover is not maintaining that road. The site itself meets all of the various requirements in the City Code as Mrs. Melson-Williams had indicated. There are some riparian buffers associated with the floodplain and the stream on the back side. The building is set back from that; that’s kind of why you see the stepped sort of approach in the building. It is respecting those various buffers. Water and sewer are to the site as this was already a previous park. Stormwater management actually exists; if you look to the left on the Plan, there is an existing stormwater facility that’s constructed there for the original park. That is how stormwater would be served here. They are requesting a couple waivers for a couple of reasons. There are no sidewalks within the park, there are no sidewalks on Lafferty Lane that this could connect to and really these types of uses don’t really lend themselves to walk up public access like maybe retail or something. These waivers have been granted in the past for other parcels within this park as well. 10 13

CITY OF DOVER PLANNING COMMISSION NOVEMBER 21, 2022 Item 1. Mrs. Maucher opened the public hearing. Ms. Linda Parkowski – Kent Economic Partnership Ms. Parkowski stated that she is the Executive Director of the Kent Economic Partnership and she is here tonight to speak in support of the Garrison Homes LLC warehouse on Rosemary Road. As Mr. Riemann mentioned, there has been quite a bit of market demand for warehouse space in any size. The sooner that we can get some of these warehouses built, the better we are going to be for job creation. Hopefully we can get some kind of light manufacturing in there. This area is already mostly in an industrial area and we are seeing a lot of demand for that so this fits with the character of the area of Lafferty Lane, Horsepond Road and Rosemary Road. We know that some of the other warehouses along there are already filled and we have potential job creators just waiting for buildings. Mr. Zach Prebula, Kent Economic Partnership Mr. Prebula stated that he echoed everything that Ms. Parkowski said. Mrs. Maucher closed the public hearing. Mr. Hartman moved to approve S-22-13 Garrison Homes LLC Warehouse at 119 Rosemary Road including the requested waiver to eliminate the sidewalk along Rosemary Road and Lafferty Lane; Planning Staff’s approval on the partial elimination of the upright curbing; and to approve the Performance Standards Review submitted to the Planning Commission, seconded by Mr. Baldwin and the motion was carried 8-0 by roll call vote with Mrs. Denney absent. Mr. Hartman voting yes; based on the statement in the motion. Mr. Baldwin voting yes. Dr. Jones voting yes. Mrs. Welsh voting yes; for reasons previously stated. Mrs. Malone voting yes; for reasons previously stated. Mr. Cooper voting yes; for all of the reasons previously stated. Mr. Roach voting yes; for reasons previously stated. Mrs. Maucher voting yes; for reasons previously stated and it’s good to see. NEW BUSINESS Meeting adjourned at 8:30 PM. Sincerely, Kristen Mullaney Secretary 11 14

CITY OF DOVER APPLICATIONS TO PLANNING COMMISSION FOR CONDITIONAL USE, SITE PLANS, SUBDIVISION, & Item 2. REZONING 12.9.2022 FINAL Schedule of APPLICATION DEADLINES, DEVELOPMENT ADVISORY COMMITTEE meeting dates, PLANNING COMMISSION meeting dates, and CITY COUNCIL PUBLIC HEARING dates for 2023 filing deadlines. A Pre-Application Meeting must be conducted with Planning Staff prior to filing of an Application. Application filing deadline is by 4:00 P.M. on designated dates. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Application 1/6/23 2/3/23 3/3/23 4/6/23 5/5/23 6/2/23 7/7/23 8/4/23 9/1/23 10/6/23 11/3/23 12/1/23 Deadline Rezoning 11/22/23 CITY COUNCIL 1/23/23 2/27/23 3/27/23 4/24/23 5/22/23 6/26/23 7/24/23 8/21/23 9/25/23 10/23/23 11/27/23 12/11/23 Rezoning Ordinance First Reading D.A.C. 2/1/23 3/1/23 3/29/23 4/26/23 5/31/23 6/28/23 8/2/23 8/30/23 9/27/23 11/1/23 11/29/23 12/27/23 MEETING (STAFF ONLY) D.A.C. 2/8/23 3/8/23 4/5/23 5/3/23 6/7/23 7/5/23 8/9/23 9/6/23 10/2/23 11/8/23 12/6/23 1/3/24 MEETING (APPLICANT) PLANNING 2/21/23 3/20/23 4/17/23 5/15/23 6/20/23 7/17/23 8/21/23 9/18/23 10/16/23 11/20/23 12/18/23 1/16/24 COMMISSION Public Hearings, Rezoning Recommendation CITY COUNCIL 3/13/23 4/10/23 5/8/23 6/12/23 7/10/23 8/7/23 9/11/23 10/9/23 11/13/23 12/11/23 1/8/24 2/12/24 Action on Rezonings: Consideration of PC Recommendation and Public Hearing/Final Reading – Rezoning Ordinance ***Planning Staff will advise applicant as to the Committee Meetings schedule if applicable to the Application submission. For Information Contact: City of Dover Department of Planning & Inspections, City Hall, 15 Loockerman Plaza P.O. Box 475, Dover DE 19903 (302)736-7196 Phone (302)736-4217 Fax www.cityofdover.com compplan@dover.de.us 15

The Institute for Public Administration presents Item 3. Planning 101: Planning Your Community’s Future COURSE INSTRUCTOR COURSE INSTRUCTOR David Edgell, AICP Edward O’Donnell, AICP Director Senior Fellow, IPA Office of State Planning Coordination University of Delaware COURSE INSTRUCTOR Max Walton, Esq. Partner Connolly Gallagher, LLP JANUARY 18, 2023 Planning 101 provides valuable information for all elected officials who consider and act upon comprehensive plans, land use and zoning matters, 10:00 a.m. to NOON . and other growth issues. Planning and zoning commissioners, board of adjustment members, and those who take part in community planning and VIA ZOOM MEETING land-development matters will enjoy this course. Registration in advance is required. Course topics will include: After registering, you will receive a confirmation email with information • Delaware planning and zoning statutory about joining the webinar. requirements • The elements of a comprehensive plan $20 Registration Fee • The basics of land use control • The role of the planning & zoning commissioner REGISTER ONLINE This session qualifies for credit toward the Certificate www.bidenschool.udel.edu/ in Local Government Leadership and the Certificate for Planning Education. ipa/events/upcoming Contact Sean O’Neill (oneill@udel.edu) with questions about this event. 16

Item 3. The Institute for Public Administration presents Introduction to Land-Use Law, the Constitution, and Takings COURSE INSTRUCTOR COURSE INSTRUCTOR Max Walton, Esq. Edward O’Donnell, AICP Partner Senior Fellow, IPA Connolly Gallagher, LLP University of Delaware FEBRUARY 8, 2023 This course focuses on Land Use Law in Delaware. It begins a review of the basic principles governing land-use law. Topics include police power, delegation 10:00 a.m. to NOON of authority, nuisances, due process, equal protection, just compensation, vagueness, and vested rights. Participants will then learn about Delaware court VIA ZOOM MEETING decisions affecting local land use. Registration in advance is required. Course topics will include: After registering, you will receive a confirmation email with information • Basic terms and concepts about joining the webinar. • A summary of tools • Zoning, subdivision, and site-plan review $20 Registration Fee • Other approaches to land-use control This session qualifies for credit toward the Certificate REGISTER ONLINE in Local Government Leadership and the Certificate www.bidenschool.udel.edu/ for Planning Education. ipa/events/upcoming Contact Sean O’Neill (oneill@udel.edu) with questions about this event. 17

Item 4. PETITION TO ANNEX AND REZONE PROPERTY Public Hearing Before the Planning Commission December 19, 2022 File Number: AX-22-03 Ordinance Number: 2022-25 Property Information: Three properties located on the north side of West Denneys Road and west of Carlisle Drive. Total Size: 40.1157 +/- acres Equitable Owner: Jack Lingo Asset Management, LLC Parcel A: Owners of Record: George L. Craig Jr. and Deborah J. Craig. Property Address: 57 Rocky Road, Dover DE Tax Parcel: ED-00-056.00-01-40.00-000 Lot Size: 27.6834 +/- acres Current Zoning: AR (Agricultural Residential District) in Kent County Proposed Zoning: RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone) Parcel B: Owners of Record: Robert G. Keller and Gloria K. Keller Property Address: 4085 W. Denneys Road, Dover DE Tax Parcel: ED-00-056.00-01-41.00-000 Lot Size: 10.5661 +/- acres Current Zoning: RM (Multifamily Residential District) in Kent County Proposed Zoning: RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone) Parcel C: Owner of Record: Bruce A. Burkett. Property Address: unaddressed parcel on W. Denneys Road Tax Parcel: ED-00-056.00-01-42.00-000 Lot Size: 1.9662 +/- acres Current Zoning: AR (Agricultural Residential District) in Kent County Proposed Zoning: RM-2 (Medium Density Residence Zone) 2019 Comprehensive Plan Category 2: Priority Annexation Areas Designation: 2019 Comprehensive Plan Residential Medium Density Land Use Category: Present Use: Residential (Existing dwellings) and Woodland areas Proposed Use: Residential (Future project) 18

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 2 of 12 Utility Availability – Electric: These properties are not currently served by City Electric: of Dover Electric. The properties at Parcel A: 57 Rocky Road and Parcel B: 4085 W. Denneys Road include Parcel A: 57 Rocky Road existing residences that are served by another electric service provider. The property at Parcel C: unaddressed Parcel B: 4085 West Denneys property on W. Denneys Road is currently vacant land Road and likely does not have electric service. Parcel C: Unaddressed With any future redevelopment of the properties, the property on north side of West electric service provider and service needs will need to be Denneys Road evaluated. The property owner/developer will be responsible for any and all costs associated with the changes of electrical service needs related to the future redevelopment including extending and providing service upgrades to the proposed properties. Utility Availability - Water and Sanitary Sewer: These properties are not Water & Wastewater: currently served by the City of Dover Water or Sanitary Sewer. Parcel A: 57 Rocky Road Water service is available on the opposite (southern) side Parcel B: 4085 West Denneys of W. Denneys Road. It shall be the developer’s Road responsibility to obtain a change in the current Certificate of Public Convenience and Necessity (CPCN) for each Parcel C: Unaddressed property, as it is not within the city’s current area. property on north side of West Denneys Road Sanitary Sewer is available; however, it is approximately 600 feet away from the eastern property line of Parcel C, on Hobbyhorse Court. The developer would be responsible for extending the sanitary sewer main from Hobbyhorse Court to the property. This property is situated on the north side of the road. Installation of utilities will require DelDOT approval. The property owner is responsible for any and all costs associated with extending and providing service to the proposed development including tapping the water main, extending and tapping the sewer main, paying impact fees and obtaining permits. Utility Services Research continues on the availability and ability to serve Recommendation from Staff these properties with City of Dover utility services for AX-22-03: (Electric, Water and Sanitary Sewer). 19

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: December 7, 2022 APPLICATION: Annexation of Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road FILE #: AX-22-03 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: (302) 736-7196 I. APPLICATION SUMMARY This application is for the Annexation and Rezoning of three parcels of land totaling 40.1157 +/- acres located on the north side of West Denneys Road. The parcels are described as follows: Parcel A: The parcel consists of 27.5834 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owners are George L. Craig Jr. and Deborah J. Craig. Property Address: 57 Rocky Road. Tax Parcel: ED-00-056.00-01- 40.00-000. The property is currently zoned AR (Agricultural Residential District) in Kent County. The proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel B: The parcel consists of 10.5661 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owners are Robert G. Keller and Gloria K. Keller. Property Address: 4085 W. Denneys Road. Tax Parcel: ED-00-056.00-01-41.00- 000. The property is currently zoned RM (Multifamily Residential District) in Kent County. The proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel C: The parcel consists of 1.9662 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owner is Bruce A. Burkett. Property Address: unaddressed parcel on W. Denneys Road. Tax Parcel: ED-00-056.00-01-42.00- 000. The property is currently zoned AR (Agricultural Residential District). The proposed Zoning is RM-2 (Medium Density Residence Zone). The annexation category for the three parcels according to Dover’s 2019 Comprehensive Plan is Category 2: Priority Annexation Areas and the land use designation is Residential Medium Density. Proposed Council District 1. Ordinance #2022-25. Existing Property The properties are located on the north side of West Denneys Road to the west of the residential subdivision known as Carlisle Village (Carlisle Village is not within the City). The subject properties are in an area just outside of the incorporated area as the City boundary runs along 20

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 4 of 12 West Denneys Road. Adjacent areas to the south of West Denneys Road are within the City of Dover. The Parcel A property includes of series of three (3) dwellings off a private drive named Rocky Road and also an existing pole barn under the AR (Agricultural Residential District) in Kent County. The north portion of this lot contains a large woodland area. The Parcel B property includes an existing single-family detached dwelling directly adjacent to West Denneys Road and continues to be predominately wooded for the balance of the parcel; it is currently zoned RM (Multifamily Residential Zone) in Kent County. The Parcel C is a wooded lot with no buildings; it is zoned AR (Agricultural Residential District). These properties are not currently served by City Electric or by City Water & Wastewater services (See information on page 2). The equitable owner is considering redevelopment of the properties for residential use. Surrounding Land Uses To the east, the subject area is adjacent to the residential subdivision of Carlisle Village, an existing neighborhood of single-family detached dwellings zoned RS1 (in Kent County). To the south across West Denneys Road is the State owned parkland known as the Anne McClements Woodland as part of the Fork Branch Nature Preserve; it is zoned ROS (Recreational and Open Space Zone). Portions of this park area at the southeast corner of the intersection of Kenton Road and West Denneys Road were previously proposed for development as the Maidstone Subdivision prior to its donation/sale to the State to expand the park. The area consists of open fields and wooded areas. To the west of the subject area are other properties zoned AR (Agricultural Residential District) under the jurisdiction of Kent County including a church, other single family dwellings, and woodland areas. To the north, is a stream that is part of the Fork Branch waterway system and another wooded tract. II. COMPRENSIVE PLAN COMPLIANCE REVIEW In the 2019 Comprehensive Plan, the Potential Annexation Areas (Map 13 -1) identifies the properties in the Category 2: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) describes the Category 2 Areas as being located on the periphery of the city that would close gaps or holes in the orderly limits of the city or that would be the logical extension of the city. Category 2 Areas (along with the Category 1 Area) are the City’s ten-year plan for annexation. The 2019 Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, page 13-9 notes that the Zoning Review may include: • Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan. Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use Classification for this property to be Residential Medium Density. The goals and recommendations for the 21

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 5 of 12 Residential Medium Density Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: Goals: Residential Land Uses To develop and maintain an adequate supply of housing of varying type, size, and densities that are aesthetically pleasing and located within neighborhoods designed or redesigned to promote convenience, conservation, and access to the greater community, but which are properly buffered through distance and landscaping from incompatible land uses. Policies: Residential Land Uses • Allow flexibility in housing styles and types while regulating gross density within residential developments. • Require linkage streets and sidewalks between adjoining residential subdivisions and street right-of way stubs to adjoining vacant developable land. • Encourage the separation of residential areas from incompatible uses through buffering distances and the use of transitional zoning categories. • Encourage high density residential development in infill areas that are near essential services, public transit, and employment opportunities. • Permit limited compatible neighborhood commercial uses that support surrounding residences within residential areas. The following is an excerpt from the 2019 Comprehensive Plan regarding Residential Medium Density Land Uses (page 12-4): Recommendation for Residential Medium Density Residential Medium Density land uses involve a maximum gross density of eight (8) dwelling units per acre. This type of development may include single family houses on smaller lots, duplexes, townhouses, and some apartments. Some Manufactured Home Park developments would also be considered Residential Medium Density. Medium density residential uses are permitted in the following zoning districts: R-8 (One Family Residence Zone), R-7 (One Family Residence Zone), RM-1 (Medium Density Residence Zone), RM- 2 (Medium Density Residence Zone) planned to reflect the historic patterns and mix of land uses common to Dover’s early development, RG-1 (General Residence Zone), RG-2 (General Residence Zone), RG-3 (Group Housing Zone), RGO (General Residence and Office Zone), and MH (Manufactured Housing Zone). The Land Development Plan recommends that Residential Medium Density uses be permitted near existing and planned service and employment centers and in locations well supported by transportation infrastructure and mass transit services. Areas identified as Medium Density Residential can be looked at as potential receiving areas under a transfer of development rights program. Areas in the northern portion of the City are appropriate for Residential Medium Density development. 22

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 6 of 12 As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Residential Medium Density (as amended 6.14.2021). Land Use Category Zoning District R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) RM-1 (Medium Density Residence) RM-2 (Medium Density Residence) Residential Medium Density RG-1 (General Residence) RG-2 (General Residence) RG-3 (Group Housing) RGO (General Residence and Office) MH (Manufactured Housing) C-1 (Neighborhood Commercial) III. ZONING REVIEW Request for RM-2 (Medium Density Residential Zone) The applicant has requested the zoning of RM-2 (Medium Density Residence Zone). The types of permitted uses in the RM-2 (Medium Density Residence Zone) are given in Article 3 §7 of the Zoning Ordinance and referenced sections including Article 3 §1. One-Family Residence Zones. See the following Code excerpt: Article 3 Section 7. - [Medium density residence] RM-2 zone. 7.1 Uses permitted. In an RM-2 zone, 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 purposes, except the following: (a) Any use permitted in one-family residence zones; (b) One-family lot-line dwellings, not to exceed one such dwelling per lot; (c) Duplex dwellings; (d) Multiplex dwellings; (e) Townhouses; (f) Roominghouses accommodating not more than five roomers. (g) Garden apartments. 7.2 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 7.3 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 related accessory structures. The approval shall be required prior to the issuance of certificates of occupancy for a change of use. 7.4 Maximum density. The gross residential density in an RM-2 zone shall not exceed eight dwelling units per acre. 23

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 7 of 12 7.5 [Signs.] Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations. (Ord. of 2-12-2001) The subject area (part of Parcel A and Parcel B) will also be partially subject to the SWPOZ (Source Water Protection Overlay Zone). In this case, the SWPOZ: Tier 3 – Excellent Recharge Area crosses through the northern portion of the subject area; see Zoning Exhibit Map. Information regarding the Excellent Recharge Areas of the SWPOZ can be found in Article 3 §29.79 of the Zoning Ordinance. See the following Code excerpt: Article 3 Section 29. – Source Water Protection Overlay Zone (SWPOZ). 29.1 Purpose. The purpose of this source water protection overlay zone is to provide a safe drinking water supply and to ensure that groundwater is adequately protected and maintained. The overlay zone's purpose is to protect public health and safety by minimizing contamina tion of the aquifer and to ensure that the aquifer is property maintained and supplied with clean water through the reduction of impervious surfaces. 29.2 Definitions. Aboveground storage tank (AST). An AST is a single containment vessel greater than 250 gallons as defined in the Delaware Regulations Governing Aboveground Storage Tanks. ASTs with a storage capacity greater than 12,499 gallons containing petroleum or hazardous substances, and ASTs with a storage capacity greater than 39,999 gallons containing diesel, heating fuel or kerosene are subject to the design, construction, operation and maintenance requirements of the Delaware AST regulations. Hazardous material. A material which is defined in one or more of the following categories: Ignitable: A gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous and gasoline. Carcinogenic: A gas, liquid, or solid which is normally considered to be cancer causing or mutagenic. Examples: PCBs in some waste oils. Explosive: A reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate. Highly toxic: A gas, liquid, or solid so dangerous to man as to afford an unusual hazard to life. Example: chlorine gas. Moderately toxic: A gas, liquid or solid which through repeated exposure or in a single large dose can be hazardous to man. Corrosive: Any material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid. Underground storage tank (UST). A UST is one or a combination of tanks including underground pipes, the volume of which is ten percent or more belowground, as defined in the Delaware Regulations Governing Underground Storage Tank Systems. The follo wing USTs are not subject to the design, construction, operation and maintenance requirements 24

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 8 of 12 of the Delaware UST regulations: Residential heating fuel, agricultural and residential motor fuel USTs less than 1,100 gallons and any UST less than 110 gallons. 29.3 Use and bulk requirements. The uses and bulk standards which govern the underlying zoning designations attached to the properties within the source water protection overlay zone shall apply in all instances except where uses are specifically prohibited by this section and except pertaining to impervious surface, ground cover, and floor area ratio. Where issues of impervious surface, ground cover, and floor area ratio are concerned, the provisions of the source water protection overlay zone are the governing provisions, overriding the existing zoning for the property. 29.4 Zone boundaries. This section of the zoning ordinance encompasses the lands demarcated on the City of Dover Zoning Map as set forth in article 2 section 2 of this Ordinance, as the source water protection overlay zone. 29.5 Uses prohibited. The following uses are specifically prohibited throughout the source water protection overlay zone: 29.5 Uses prohibited: a) Automobile body/repair shop, motor vehicle, boat or farm equipment servic e; b) Gas stations and motor vehicle service stations; c) Fleet/trucking/bus terminal; d) Dry cleaner; e) Electrical/electronic manufacturing facility f) Machine shop; g) Metal plating/finishing/fabricating facility; h) Chemical processing/storage facility; i) Wood preserving/treating facility; j) Junk yard/scrap yard/salvage yard; k) Mines/gravel pit; l) Land divisions resulting in high density (> one unit/acre) septic systems; m) Equipment maintenance/fueling areas; n) Injection wells/dry wells/sumps, except for single-family residences directing gutter downspouts to a drywell; o) Underground storage tanks; p) All uses not permitted in the underlying zone district. 29.6 Geothermal wells. Geothermal wells are permitted uses within the source water protection overlay zone in accordance with other city and state regulations. 29.7 Tier 3: excellent recharge areas. Lands defined as tier 3 lands are areas which have been identified as 'excellent recharge areas'. Recharge areas are defined as land with high percentages of sand and gravel that have "excellent" potential for recharge as determined through a stack unit mapping analysis performed originally by the Delaware Geological Survey. 29.71 Applicability. The impervious cover restrictions of this section shall apply only to any activity requiring approval of the planning commission. 29.72 Impervious surfaces. Impervious surfaces within tier 3 lands of the source water protection overlay zone are limited to a maximum of 30 percent. Limits upon impervious surface apply to portions of a site which is within tier 3 lands. New development may exceed the 30 percent impervious cover threshold up to 60 percent impervious cover provided the differential volume of stormwater generated from 30 percent to 60 percent impervious cover, based on the two-year storm, is infiltrated within an excellent recharge area. The use of infiltration shall be based upon the technical merits of the application as 25

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 9 of 12 well as the ability to quantify the volume of recharge. All infiltration facilities shall be designed in accordance with the Delaware Sediment and Stormwater Regulations. 29.73 Redevelopment. Site modification which requires site development plan approval must create a 15-percent reduction in the amount of impervious surface on the site when compared to pre-redevelopment conditions. (a) If the 15-percent reduction would require a site to go below the 30-percent maximum impervious surface provision of section 29.72, then the maximum impervious surface cover for the site is 30 percent. (b) If stormwater is infiltrated within the excellent recharge area as per section 29.72 then only an amount of reduction in impervious surface which is necessary to meet the 60-percent maximum will be required. 29.74 Storage tanks. Underground storage tanks are prohibited within tier 3 lands. Aboveground storage tanks which use, store, transfer, or dispose of any solid or liquid material or waste having potentially harmful impact on groundwater quality are prohibited within tier 3 lands. 29.75 Site design. All reasonable efforts must be undertaken to position permanent structures on the portions of the property which are not subject to the tier 3: excellent recharge area. The particular desires of personal or corporate entities shall not constitute reasonable efforts. 29.76 Alternative design standards. It is the intent of this ordinance to protect, conserve, and improve the available supply of potable water while still maintaining property rights. As such, where the restrictions of this ordinance prevent development that would otherwise be reasonable and proper according to the base zoning, the applicant may request alternative design standards as part of their application and development plan. The planning commission may modify specific bulk standards when in the opinion of the commission, it has been demonstrated that the use of alternative design standards is desirable and consistent with the protection of water resources. Alternative bulk standards include but are not limited to changes in building height/stories, floor area ratio, or building setbacks. 29.77 Master plans. Site development which occurs as part of a site development master plan as specified in the zoning ordinance, article 10 section 2.58 may consider the area of the entire tier 3 portion of the master plan area when developing individual phases. This will allow for higher than prescribed amounts of impervious cover on specific portions of the master plan so long as the overall impervious surface for th e entire tier 3 lands in the plan remains in compliance with this section. On a site development master plan, when the city engineer certifies that the project utilizes superior infiltration design that maximizes groundwater recharge, impervious cover may be increased to 75 percent. 29.78 Improvements to existing residential lots. Improvements to existing residential lots, including additions to existing one-family dwellings, the placement of sheds, and fences are exempt from section 29.7 and may be permitted when all other applicable zoning district bulk requirements are met. 29.79 Downtown target area. The downtown redevelopment target area as defined in appendix C, article II, section 3 [Target Area] of the City of Dover Code of Ordinances shall be exempt from the requirements and restrictions of the source water protection overlay zone. 26

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 10 of 12 29.710 Special environmental considerations. On sites where infiltration would be contrary to a cleanup agreement or other conditions imposed by the department of natural resources and environmental control or the U.S. Environmental Protection Agency, the impervious surface limitations of this section shall not apply to the affected areas. Such sites shall be certified by the City Engineer through the development application process. 29.711 Procedure for Contesting the delineation of the source water protection overlay zone. Data used to define these zones was generated in a report from the Delaware Geological Survey entitled, "Report of Investigations No. 66, Ground-Water Recharge Potential Mapping in Kent and Sussex Counties, Delaware". Any challenges to the delineation of the source water protection overlay zone must follow the methods provided in the above sited report to contest the delineation. IV. RECOMMENDATION OF PLANNING STAFF: The request for the RM-2 (Medium Density Residence Zone) is for a zone that consists of a variety of residential housing types while limiting the density of the development to a maximum of eight (8) dwelling units per acre. The permitted uses in the RM-2 Zone include one-family residences (detached dwellings, duplex units, and townhouses), apartments and multi-family dwellings (more than 2 dwelling units in same building). The provisions of the SWPOZ (Source Water Protection Overlay Zone) aid in the protection of groundwater resources by limiting certain uses due to their potential for contamination and by limiting impervious surfaces to allow for recharge. Staff recommends the annexation of the three parcels (Parcel A: 57 Rocky Road, Parcel B: 4085 West Denneys Road, and Parcel C: unaddressed parcel on West Denneys Road) and approval of their rezoning to RM-2 (Medium Density Residence Zone) and with the implementation of the SWPOZ (Source Water Protection Zone: Tier 3 - Excellent Recharge Area). The subject area is in the City’s Annexation Plan of the 2019 Comprehensive Plan as Category 2: Priority Annexation Areas with a Land Use Classification as Residential Medium Density. This is a Priority Annexation Area and is a logical expansion area of the City of Dover boundary. The RM-2 zoning allows for a variety of housing types and it is consistent with the Land Use Classification of Residential Medium Density. For the redevelopment of the subject area, the applicant will need to take steps in order to coordinate the opportunity to receive City of Dover utility services. This Annexation/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 RM-2 zoning district and any limitations of the SWPOZ. Staff notes that any potential redevelopment for the site or changes of use for the existing buildings would have to be in line with the zoning classifications and would similarly have to follow all development design guidelines of the Zoning Ordinance. Were the Application for Annexation/Rezoning to be recommended by the Planning Commission and subsequently approved by the City Council, the applicant would still have to submit Site Development Plans and/or Permits for review for any new use of the site or the buildings. The parcels generally meet the bulk standards dimensionally for lots zoned RM-2. Some of the existing dwellings and accessory structures may not comply with the required setbacks; however, they would be considered legal non-conforming as to their setbacks from property lines due to 27

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 11 of 12 their existing placement. In addition, Parcel A appears to have a series of three dwelling unit buildings on the same parcel. Any non-conformity of the existing buildings’ uses and placement regarding the bulk standards of the RM-2 would be subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and Uses. Any development of the properties once zoned RM-2 would be subject to the bulk standards and provisions and the review processes for site development. This recommendation is being made without the 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 As part of the Annexation Request, the City of Dover zoning district is to be determined; therefore, it is a request for a type of 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 zoning 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 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 Annexation/Rezoning Application. VI. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City water and sanitary sewer is feasible due to the proximity to existing infrastructure in the general vicinity. However, the properties are either currently served by other non-City utility providers or within the service territory of non-City utility providers. Additional coordination will be required to makes changes to theses Utility providers. It would be the property owner’s responsibility to cover all costs associated with extending and connecting services to the existing dwellings or any improvements to services for any redevelopment activity. 28

Item 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road DAC Report of December 7, 2022 Page 12 of 12 2) Regarding any future connections to City services for water and sanitary sewer, the applicant must contact the City’s Department of Water & Wastewater for procedures, permitting and impact fees. 3) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for redevelopment and/or construction activities, licensing, etc. Examples of required licenses or permits based on the current existing buildings on the Parcel would include Manufactured Home License and Rental Dwelling Permits. 4) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Site Development Plan, Building Permit, or other construction activity permit approval. A separate plan review process and a separate permit application submission showing all improvements is required before issuance of plan approvals and permits by 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 Office as soon as possible. 29

CITY OF DOVER Item 4. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOVEMBER 30, 2022 APPLICATION: Lands of Craig, Keller and Burkett: Annexation of Three Parcels on West Denneys Road FILE #: AX-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 / Engineering Services 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 annexation of tax parcels ED-00-056.00-01-40.00-000, ED-00-056.00-01-41.00-000 & ED-00-056.00-01-42.00-000. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook and the Specificationss, Standards & Procedures for Public Works Construction. Impact fees will be applied to this property. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT SANITATION / STREETS / STORMWATER / GENERAL 1. None WATER / WASTEWATER 1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, please find the following: a. These properties are not currently served by the City of Dover Water or Sanitary Sewer. Water service is available on the opposite (southern) side of W. Denneys Road. It shall be the developer’s responsibility to obtain a change in the current Certificate of Public Convenience and Necessity (CPCN) for each property, as it is not within the city’s current area. Sanitary Sewer is available; however, it is approximately 600 feet away from the eastern property line of Parcel C, on Hobbyhorse Court. The developer would be responsible for extending the sanitary sewer main from Hobbyhorse Court to the property. This property is situated on the north side of the road. Installation of utilities will require DelDOT approval. The property owner is responsible for any and all costs associated with extending and providing service to the proposed development including tapping the water main, extending and tapping the sewer main, paying impact fees and obtaining permits. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 30

C F AX-22-03 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: December 7, 2022 D S O H V A E L R APPLICATION: Lands of Craig, Keller, and Burkett: Annexation of 3 parcels on West Dennys Rd FILE #: AX -22-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Matthew Brown, 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: 1. This office has no objection or comment for this project 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. 31

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Craig, Keller, and Burkett FILE#: AX-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 annexation and rezoning. 32

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 DECEMBER 2022 APPLICATION: Lands of Craig, Keller, and Burkett: Annexation of three parcels on W. Denneys FILE #: AX-22-03 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 annexation for the above referenced parcels. ADVISORY COMMENTS TO THE APPLICANT: In the future, if there is any proposed disturbance that will exceed 5,000 square feet, a sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.). 33

City of Dover Application No.: AX-22-03 Item 4. Department of Planning & Inspections RM-1 d sR ey nn De W R-15 aple R-8 M A B C Gl en or yh Dr bb Ho se Site Ct R-8 Legend ROS Subject Property Dover Boundary Zoning Dover Parcels Kent County Parcels SWPOZ Tier 3 Tile: Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on W. Denneys Road Ordinance #: 2022-25 Parcels: A) 57 Rocky Road, ED-00-056.00-01-40.00-000, George L. Craig Jr. and Deborah J. Craig B) 4085 W. Denneys Road, ED-00-056.00-01- 41.00-000, Robert G. Keller and Gloria K. Keller C) unaddressed parcel on W Denneys Road, ED-00-056.00-01-42.00-000, Bruce A. Burkett Existing Zoning: A) AR (Agricultural Residential District) B) RM (Multifamily Residential District) C) AR (Agricultural Residential District) « Proposed Zoning: RM-2 (Medium Density Residence Zone) and SWPOZ (Source Water Protection Overlay Zone) Date: 11/8/2022 0 410 820 1,640 Feet 34

City of Dover Application No.: AX-22-03 Item 4. Department of Planning & Inspections RM-1 C R-8 B or yh A bb Ho se Ct De nn ey s Rd W Legend ROS SWPOZ: Tier 3 Subject Property Dover Boundary Zoning Dover Parcels Tile: Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road Ordinance #: 2022-25 Parcels: A) 57 Rocky Road, ED-00-056.00-01-40.00-000, George L. Craig Jr. and Deborah J. Craig B) 4085 W. Denneys Road, ED-00-056.00-01-41.00-000, Robert G. Keller and Gloria K. Keller C) unaddressed, ED-00-056.00-01-42.00-000, Bruce A. Burkett « Existing Zoning: A) AR (Agricultural Residential District) B) RM (Multifamily Residential District) C) AR (Agricultural Residential District) Proposed Zoning: RM-2 (Medium Density Residence Zone) & SWPOZ (Source Water Protection Overlay Zone) Date: 11/9/2022 0 350 700 1,400 Feet 35

Item 4. FP FP FP FP FP FP FP FP FP FP FP FP FP FP FP FP FP FP FP NW NW NW FP FP FP NW FP NW NW FP NW FP FP FP NW NW FP FP FP NW FP NW FP FP FP NW NW P NW NW NW NW NW NW NW NW NW NW NW NW NW NW NW NW NW NW NW NW NW 10/20/22 NW NW FP FP 36

Item 5. City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF: November 9, 2022 PLANNING COMMISSION MEETING OF: November 21, 2022 Plan Title: Commerce Way Dover DE LLC Warehouse on Commerce Way Plan Type: Site Development Plan Location: Northwest side of Commerce Way Address: unaddressed parcel on Commerce Way Dover, DE Tax Parcel: ED-05-076.10-02-07.03-000 Owner: H & M Properties, LLC Equitable Owner: Commerce Way Dover DE, LLC Lot Size: 22.967-acres +/- Zoning: IPM (Industrial Park Manufacturing Zone) Previous Use: Undeveloped (Land currently vacant) Proposed Use: Warehouse Facility Building Area: 234,000 SF +/- Off Street Parking: Required – 293 spaces Proposed – 300 spaces Loading Spaces: Proposed - 30 spaces Trailer Parking Spaces: 44 spaces (Phase I) 37 spaces (Phase II) 81 spaces (total) For Consideration: Performance Standards Review Application Waiver Request: Partial Elimination of the Fence Component of the Opaque Barrier P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 37

Item 5. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: November 9, 2022 APPLICATION: Commerce Way Dover DE LLC Warehouse on Commerce Way, Dover DE FILE #: S-22-14 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek AICP, Planner II PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for review of a Site Development Plan to permit construction of a 234,000 SF +/- warehouse and associated site improvements on Commerce Way. The property is zoned IPM (Industrial Park Manufacturing Zone). The property is located on the northwest side of Commerce Way, north of W. North Street. The owner of record is H & M Properties, LLC. The equitable owner is Commerce Way Dover DE, LLC. Property Address: 22.967-acre unaddressed parcel on Commerce Way. Tax Parcel: ED-05-076.10-02-07.03-000. Council District 1. Previous Applications This site was previously subject to the Comprehensive Plan Amendment Application MI-19-02 which was to allow for an amendment to Map 12-1: Land Development Plan Map, in the 2008 Comprehensive Plan. Specifically, this amendment was to change the Land Use Classification from Residential High Density to Industrial and Public Utilities. This was approved by City Council at their March 11, 2019 meeting. This change in Land Use Classification allowed for the second application which was Rezoning Application Z-19-01: Lands of H&M Properties on Commerce Way to change the zoning of the property from RG-2 (General Residence Zone) to IPM (Industrial Park Manufacturing Zone). This Rezoning Application was also approved by City Council at their March 11, 2019 meeting. There were also other previous Rezoning and site Development plan proposals for this property, including Z-06-07, Z-08-03, and C-08-14. Preliminary Land Use Services Review (PLUS) A project application of this size warrants a Preliminary Land Use Services (PLUS) Application review with the State, which the subject Application did under PLUS Application File Number #2022-09-05. The Findings from the State were released in a Report dated October 24, 2022. The Applicant will need to submit a Letter of Response on the findings both to the State, as well as to the City of Dover Planning Office. 38

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 2 II. PROJECT DESCRIPTION The subject property area consists of 22.967 acres +/- on the northwest side of Commerce Way, north of W. North Street. This site has not been developed and was most recently farm field with some small wooded areas around the site perimeter. There are no existing buildings or other such features on site. This location is within a Business Park. The project proposed is a large warehouse facility of 234,500 SF, and a building height stated to be forty (40) feet (There is another reference in the Plans to it being (50) feet), though the number of stories has not been specified. The site is to be accessed via a drive-aisle off Commerce Way. This drive-aisle in turn is to allow access to three-hundred (300) vehicle parking spaces, as well as thirty (30) loading bays along the east side of the building. The Plans also note a proposed eighty-one (81) “Trailer Parking Spaces,” with the implementation of these being installed in phases. The number of phases is not specified; however, the first Phase is to include forty-four (44) such trailer parking spaces, with thirty-seven (37) trailer parking spaces to be added later. The Site Plans submitted show a sidewalk along the entirety of the Commerce Way frontage of the property. A sidewalk providing dedicated pedestrian access is shown connecting the sidewalk along the Commerce Way frontage onto the site and leading to the southeast corner of the proposed building where it is believed the primary entrance to the building is to be located. Surrounding Land Uses: The properties to the south, southeast, and east are all located along Commerce Way as well and are all zoned IPM (Industrial Park and Manufacturing Zone). These properties contain a mix primarily of professional office uses, including some State Offices, those of the Capital School District, Capitol Cleaners, People’s Place Inc., and others. The properties immediately adjacent to the west are zoned RG-2 (General Residence Zone) and contain garden apartments (Woodmill Apartments). Immediately adjacent to the north is a parcel zoned ROS (Recreational Open Space). Immediately beyond this parcel to the north are properties also zoned RG-2 but contain primarily one-family detached dwelling units (single-family homes) fronting on S. Farmview Drive. III. ZONING REVIEW IPM Zoning District The property is zoned IPM (Industrial Park Manufacturing Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §20 and Article 4 §4.16 as a conventional planned lot development. Broadly speaking, the use as a Warehouse Facility is a permitted use within this zoning district; however, a more specific description of the intended use should be provided to confirm compliance with the permitted uses of the IPM zone. The following Table highlights some of the lot design standards for the IPM zone: 39

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 3 Minimum Required IPM (Conventional Planned) For All Permitted Uses: Lot Area 2 1/2 acres Lot width (ft.) 200 Lot depth (ft.) 300 Front Yard 60 Side yard (ft.) 40 Rear yard (ft.) 40 Side or rear yard which adjoins a residential zone (ft.) 100 Off-street parking space: Per 800 sq. ft. of floor area 1 Per employee, per largest working shift (if greater than the requirement under the floor area calculation 1 Maximum Permitted Building Height: Stories Not limit Feet Equal to distance to nearest lot line Floor Area Ratio 0.5 Lot Coverage 75% IV. PARKING SUMMARY The Zoning Ordinance, Article 4 Section 4.16 states that the parking requirement for conventional planned development in the IPM zone is based on a rate of one parking space per 800 SF of floor area. The employee count per largest working shift was not provided to confirm parking rate calculation. With a state floor area of 234,000 SF, this would require a minimum parking space count of 293 spaces. The Plans submitted show that three-hundred (300) vehicle parking spaces are to be provided to the south and west of the proposed building. Loading Spaces Article 6 Section 4.27 of the Zoning Ordinance states for a manufacturing use in the IPM Zone, as well as for buildings that are in excess of 150,000 SF, that Staff will determine the sufficiency of the loading berths after reviewing written documentation from the applicant through the site plan review process. The applicant has stated on the plans that there are a planned 30 total loading spaces. These are located along the east side of the facility and are paved. There is a further 81 spaces listed as “trailer parking spaces” to the east of the building, with an added note that only forty-four (44) are to be built in the initial “Phase I,” with the remaining thirty-seven (37) to be provided at an undetermined future date. Bicycle Parking The site is required to provide bicycle parking. The minimum bicycle parking requirement is one (1) for every twenty (20) vehicle parking spaces. Based on the 300 parking spaces identified 40

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 4 for this site, at least fifteen (15) bicycle parking spaces are required for the project. The Plans submitted incorrectly note the minimum required number of bicycle parking spaces as being (30). This does however mean that the project more than meets the requirement as they currently note thirty (30) bicycle parking spaces are proposed. It would appear the bicycle parking is proposed at the southwest corner of the building, and it would need to be confirmed if such parking is also to be provided at the southeast corner of the building which appears to be the main entrance. V. SITE CONSIDERATIONS Access The main/ only vehicle entrance to the site is via Commerce Way in the southeast corner of the site. Commerce Way, a City street, connects south to W. North Street (a State maintained roadway). The entrance drive connects to the (300) vehicle parking spaces along the south and west sides of the building. The entrance drive also provides access to the thirty (30) loading bays and (81) trailer parking spaces along the east side of the building. Sidewalk Sidewalks are required along all street frontages. The plan notes the a sidewalk being places along the Commerce Way frontage of the property. The Plan shows that a sidewalk is planned providing pedestrian access from this pathway, onto the site, and connecting to the main facility at the southeast corner of the building. This sidewalk then continues along the south and west sides of the proposed building. Lighting Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 foot-candles at grade. Light shall also be deflected away from adjacent residential areas and shall not be distracting to traffic on adjacent roads. Information was provided on the lighting scheme that appears to show that these regulations are being met. Dumpsters The Zoning Ordinance, Article 5 §6.1 stipulates the regulations regarding the required number of dumpsters and the associated placement and screening requirements thereof. Article 5 §6.11 specifically notes the following: 6.11 Location and screening required. All dumpsters must be located in approved locations on the lot. Dumpsters must be placed on hard, paved, dust-free surfaces and may not be placed in designated parking spaces, fire lanes, or access ways. Outside storage of trash, cardboard, or shipping pallets is prohibited. A dumpster enclosure is required to screen the dumpster from view whenever these units are situated so that they will be visible from any public right-of-way or from an adjacent property. The Zoning Ordinance, goes on in Article 5 §6.12 to note that industrial, warehouse & institutional uses provide a minimum of two (2) dumpster for the first 80,000 square feet of gross building area, and one (1) required for each additional 40,000 square feet of gross building area or fraction thereof. This would require this development to provide a minimum of six (6) dumpsters. 41

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 5 The Plans do not identify the number of dumpster to be provided. Furthermore the Plans submitted do not appear to identify the location of any trash enclosure, nor the type of screening to be provided. Curbing 6-inch Upright Curbing The use of 6-inch upright curbing for parking lots and drive aisles is a requirements stipulated in Article 6 Section 3.6(b) of the Zoning Ordinance. The Site Plans submitted do not note if there is curbing to be provided, however the construction Details Sheets do appear to note 6-inch upright curbing. The location of this curb-type must be specified on the Site Plan. VI. BUILDING ARCHITECTURE Conceptual Renderings and Elevation Drawings were submitted for the Warehouse Facility. The building is proposed as a rectangular-shaped structure. The exterior is composed primarily of geometrically-shaped panels, whose material is not identified. They are in a small variety of gray tones with a light, medium, and darker gray provided. There is a darker neutral tone the encompasses the entirety of the building in a thinner horizontal band near the top of each elevation. Lastly, there is a wood accent feature identified at the southeast corner (on both the south and east facades) that surround the doors and windows. There appear to be some windows features higher up on the façade as depicted in the conceptual rendering, but this needs to be confirmed. The east elevation shows a series of loading doors. VII. TREE PLANTING AND LANDSCAPE PLAN Woodland The Zoning Ordinance, Article 5 Section 16.2 defines Woodland as follows: Woodland. An area of contiguous wooded vegetation (7,500 square feet or greater), where trees exist at a density of at least one tree with a caliper dimension of six inches or greater per 375 square feet of land and where the tree branches form a contiguous canopy. The Landscape Plan provided by the Applicant notes that there is an existing area of woodlands on site at 4.61 +/- acres. The Zoning Ordinance lays out the requirement for development on lots that include woodland in Article 5 Section 16.5, with Section 16.51 further requiring that a Tree Preservation and Selective Clearing plan be provided: Article 5 §16.51 Tree preservation and selective clearing plan required. All site development proposals which involve the development of woodland areas and require planning commission approval shall include a tree preservation and selective clearing plan as part of the submission plan. The tree preservation and selective clearing plan shall be prepared in accordance with the provisions of subsection 16.5, subsection 16.7 and subsection 16.8 of this section. Of the 4.61 +/- acres of woodland identified by the Applicant, they further note in the Demolition Plan that 3.9 acres are to be preserved. However, there is no specific Tree Preservation and Selective Clearing Plan submitted that notes where exactly woodlands is meant to be cleared. Article 6 Section 16.2 further notes the requirements for any woodland clearing: 42

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 6 16.52 Limited clearing for site development allowed. Generally, site development plans for the construction of a new building within existing woodland areas shall limit clearing of the land to those areas necessary to provide for the placement of the building or group of buildings, adequate access onto the property and to the proposed building or group of buildings, utility placement, off-street parking and yard areas to allow for daylight infiltration and building maintenance. When woodland areas are proposed to be cleared to allow for new construction, clearing within the area of the proposed construction shall be limited to an area of 30 feet from proposed building foundation, and 15 feet from off-street parking lots, and utility placement. Any woodland clearing plan submitted by the Applicant must identify the areas intended for woodland clearance, and ensure that such clearance meets the above referenced requirements. Tree Planting Article 5 Section 16.62 of the Zoning Ordinance specifies that new tree plantings should be provided at a rate of density no less than one (1) tree per 3,000 SF. The Development Area has been identified by the applicant as being 22.97 acres +/- (non-woodland area is 19.07 +/- acres), with the exact square footage not provided. The square footage of the subject site must be confirmed to ensure an accurate figure may be given as to the required number of trees. The Plan submitted notes that 277 trees are to be planted along the north, east, south, and west property lines. The trees proposed include a mix of maple, oak, and other shade trees. The notes further note the implementation of landscape buffers along the perimeters of the property that are to include “evergreen screening,” but do not appear to specify the type of evergreen trees proposed nor their exact locations. No details as to further plantings, like shrubbery or other ornamental landscaping, are provided. Opaque Barrier Waiver Request: Partial Elimination of Fence Component of the Opaque Barrier: The Zoning Ordinance requires a buffer between a residential use and a non-residential use (Article 5 Section 7.2). The buffer has two components: an opaque barrier consisting of a wooden fence, a masonry wall or an earthen berm and a landscape component. The property immediately adjacent to the west of the subject site is zoned RG-2 and is the location of the Woodmill Apartment Complex. Adjacent to the north is a parcel zoned ROS, with a residential development of primarily one-family detached dwelling units (single-family homes) located beyond that. An Opaque Barrier buffer would therefore be required along the west and a portion of the north property lines of the parcel. The Plan submitted does appear to note a general “Landscape Buffer” being provided, but does not give specific details as to the nature of the buffer. There does appear to be existing woodland area along the north and portions of the west property lines. According to Zoning Ordinance, Article 5 §7.24, the Planning Commission can consider a waiver request to eliminate the opaque barrier (fence component) and require only landscaping in cases where noise is not a concern, and the vegetation alone is considered a desirable aesthetic alternative. The Applicant has submitted a Waiver Request from the requirements of providing a Fence along the north property line, citing the existence of woodland in this area as being sufficient buffer from the residential uses further towards the north. They also note that they intend to 43

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 7 provide a Fence along the western property boundaries, which directly abuts the neighboring Woodmill Apartments to satisfy the Opaque Barrier requirements. They have further submitted a supplemental site diagram exhibit that shows the proposed fence running through the wooded areas along these property lines to the west of the subject site. VIII. PERFORMANCE STANDARDS REVIEW Uses in the IPM Zone are subject to the Performance Standards Procedure set forth in the Zoning Ordinance, Article 5, Section 8.1 and 8.2 and referenced sections. Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall be used or occupied in any manner so as to cause any one or more of the following conditions to exist and to be dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises: Fire, explosive or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or electromagnetic disturbance; glare, liquid or solid refuse or waste; traffic congestion causing roadways or intersections in the surrounding highway network to fall below acceptable levels of comfort and convenience; or other substance, condition or element (referred to hereinafter as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence. The project’s compliance with a series of performance standards for the “dangerous and objectionable elements” is to be considered by the Planning Commission. The “dangerous and objectionable elements” are as follows: • Fire and explosion hazards (activities with and storage of) • Radioactivity or electromagnetic disturbance • Noise (sound pressure level) • Vibration • Smoke • Odors (Odorous gases or odorous matter) • Fly ash, dust, fumes, vapors, gases and other forms of air pollution • Glare (from lighting or high temperature processes) • Liquid or solid wastes • Traffic congestion (Level of Service E) The project cannot cause the above conditions to exist so that they adversely affect the surrounding areas or adjoining properties. The specific limits of each performance standard are described in the Zoning Ordinance. Where the performance standards conflict with regulations established by other state or local agencies such as the Delaware Department of Natural Resources and Environmental Control (DNREC), the more restrictive regulations apply. As part of this procedure, a separate Performance Standard Review Application has been submitted by the Applicant for consideration alongside the Site Plan review. The Performance Standard Review Application letter appears to indicate that the proposed development will 44

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 8 comply with these provisions by restricting the emission of dangerous and objectionable elements detailed in Article 5, Section 8.5. The Planning Commission may refer the Application to expert consultants for review if deemed necessary. The Planning Commission is charged with determining if the proposed of the facility conforms to the applicable performance standards. IX. 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) The Applicant have submitted a Performance Standards Review Application as required for the property development in accordance with Zoning Ordinance, Article 5 §8.6. The letter addresses each aspect of these provisions, and identifies how the proposed warehouse facility will be in compliance with each section. 2) The subject Application went through the Preliminary Land Use Services Review (PLUS) with the State under File Number #2022-09-05. The State issued a Report of their findings in a Letter dated October 24, 2022. The Applicant will need to issue a Letter of Response to the State, and send a Copy of said Letter to the City of Dover Planning Office. 3) Fence Component of the Opaque Barrier Requirement: A Fence is required to be provided along all property boundaries that border a residential use. This would include the west, and portion of the north property lines. The Applicant must provide such a feature and identify as such on the Plans unless they were to be granted a Waiver from the Planning Commission. The Applicant has submitted such a Waiver Request citing their reasons for the request, and including a supplemental site diagram exhibit as reference. 4) Sheet C-200 includes an inset that references a “Phase I” that is not referenced elsewhere, nor are there any details given to any further “Phases.” Clarify what this is referencing and ensure that this information is reflected consistently throughout the Plans. 5) Per the Zoning Ordinance, Article 5 Section 16.51, provide a Tree preservation and selective clearing plan (Or clarify on plan sheets in the Plan Set) with regards to the existing woodlands onsite. 6) Clarify the proposed building height in feet, as well as the number of stories. 7) Identify the location of the main building entrance on the Site Plan. 8) A total of six (6) dumpsters are required per the Zoning Ordinance, Article 6 Section 6.12. The Plans submitted do not note the proposed number of dumpsters, method of trash collection, nor the location of any dumpster enclosure. The number of Dumpsters proposed must be identified, and the location and details of the dumpster enclosure must be provided wherever relevant in the Plans. 45

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 9 9) An address has not yet been assigned to the property. As such, the address referenced throughout the Plans will need to be corrected. 165 Commerce Way is already assigned to an adjacent parcel of land (ED-05-076.10-02-07.02-000). 10) Overall Site Plan Sheet (C-200 series): a) Data Column: i) Provide the Tree Density Calculations both as required by Code and proposed with this project. ii) Provide the area of the subject site (lot) in square feet as well as in acreage. iii) Note the maximum number of stories both as required by Code and proposed with this project. iv) Under Parking Requirements, correcting the “Required” Box for “Loading Stall Ratio” to read “…after reviewing written documentation…” v) As Phases are referenced which would impact the implementation of certain Site features (such as Loading Spaces), provide any such Site detail figures to be implemented broken down by Phase as well as for the project overall. vi) The figure required for Bicycle Parking Spaces is incorrectly given as 30. Correct this to read 15. vii) Note the Dumpster Requirement both as required by Code and proposed with this project. viii) Note the Floor Area Ratio as required and proposed. b) Signage Requirements: i) It is not necessary to include this data in the site Plan Submission. ii) Add a note that any new potential signage for the Subject Site is subject to the Sign Provisions as found in Article 5, Section 4 of the Zoning Ordinance. c) Confirm if the parking rate is to be based on the building square footage or number of employees. d) Confirm the location of the bicycle parking facility[ies]. e) Clarify the Building Height. f) Confirm the number of stories. g) Identify any traffic control measures at the vehicle parking lot bs. Loading areas. h) Confirm the width of the proposed sidewalk from the parking rows to the building. Ensure this complies with fire protection regulations. 11) Landscape Plan (Sheet L-100 series): a) Provide details on the “Proposed Landscaped Area” identified in the inset. Note too if any of these landscape features are to be removed per the potential expansion of the trailer parking area. b) Identify the tree types proposed with their associated symbol. c) Certification on the Landscape Plan must be by a Certified Landscape Architect or related design professional, not an engineer. 12) All signage must comply with Sign Regulations of the Zoning Ordinance and is subject to a separate Sign Permit Application. Signs are subject to a separate review and approval process in the City of Dover. 13) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval 46

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 10 by Kent Conservation District (KCD) must reflect the Site Plan layout and design conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and technical review requirements of other agencies. 14) The Final Plan set must include notes documenting any action taken by the Planning Commission and must list any additional conditions of approval. X. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Recommendation on Waiver Requests: a. Potential Waiver Request: Elimination of Fence Component of the Opaque Barrier Requirements: The Applicant has submitted a Written Waiver Request from the requirements of Article 5, Section 7.2 of the Zoning Ordinance to provide a Fence as part of the Opaque Barrier Requirements along the north property boundary, but that they would still install a fence along the western property lines abutting Woodmill Apartments. To that end, Planning Staff recommends that the Fence component be implemented wherever it would not require the cutting down of trees. The supplemental site diagram exhibit submitted by the applicant in conjunction with their Written Waiver Request shows that they intend to provide this fence, but that in portions of the western property line, it would run through the woodlands. Staff believes that the existing woodland of mature trees should constitute sufficient buffer to filter any sounds from the proposed warehouse to neighboring uses. Cutting down trees to provide the fence would rather detract from the existing natural buffer elements. 2) Performance Standard Review Application: Planning Staff finds the Performance Standards Review Application to confirm that the proposed development will not violate any of the provisions as found in the Zoning Ordinance Article 5 §8.6 regarding dangerous or objectionable elements. As such, Staff recommends that the Planning Commission approve the Performance Standard Review in conjunction with the Site Development Plan Application. 3) Planning Staff encourages this project to include the installation of Electric Vehicle Charging Stations in its parking lot. Currently, the Zoning Ordinance does not require them, but many other jurisdictions have implemented such requirements. Electric Vehicle Charging Stations formats include EV-Capable, EV-Ready, and EV-Installed. 4) The expanse of the roof provides an excellent opportunity for Solar Panels. To that end, 47

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 11 Planning Staff would encourage the Applicant to implement such a system or otherwise make availability the infrastructure necessary to implement such systems in the future. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives may be accepted or rejected by the Planning Commission. XI. ADVISORY COMMENTS TO THE APPLICANT: 1) If major changes and revisions to the Site Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the building, relocation of site components like stormwater management areas, and increases in floor area count. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 2) In the event that there are changes to the architecture, building footprint, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 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) Following Planning Commission approval of the Site Development Plan, the Plan must be revised to document all conditions of approval from the Development Advisory Committee or as otherwise noted. This process involves submission of Check Prints in order to achieve Final Plan approval. 5) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 6) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 7) Construction may have an effect on the adjacent roadways, property owners and visitors. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 8) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign may require a Sign Permit from the City of Dover prior to 48

Item 5. S-22-14 Commerce Way Dover DE LLC Warehouse DAC Report of November 9, 2022 Page 12 placement of any such sign in accordance with Zoning Ordinance Article 5 §4. 9) The applicant shall be aware that Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 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. 49

Item 5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOV 02, 2022 APPLICATION: Commerce Way Dover DE LLC Warehouse on Commerce Way FILE #: S-22-14 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 50

Item 5. Commerce Way Dover DE LLC Warehouse on Commerce Way File #: S-22-14 November 02, 2022 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 51

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOVEMBER 2, 2022 APPLICATION: Commerce Way Dover DE LLC Warehouse on Commerce Way FILE #: S-22-14 REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2), 90-gallong recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. 3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District / DNREC is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 52

Item 5. Commerce Way Dover DE LLC Warehouse on Commerce Way File #: S-22-14 November 2, 2022 Page 2 of 4 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. Please call out that the connection to the water main shall be accomplished with a Powerseal 3490AS tapping sleeve and valve. 8. On October 24, 2022, City of Dover Council approved the new Cross Connection Control Program. This program requires certain backflow prevention assemblies on water service connections to the city’s distribution system. Please provide the use(s) at this property and our team will provide the requirement based on the adopted program. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner 53

Item 5. Commerce Way Dover DE LLC Warehouse on Commerce Way File #: S-22-14 November 2, 2022 Page 3 of 4 and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 8. Sanitary sewer laterals shall be connected directly to the main, not manholes, unless impracticable, as determined by the Department of Water & Wastewater. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures on the utility plan sheet to confirm compliance. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STREETS / SANITATION / STORMWATER / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees may be required to be paid prior to Certificate of Occupancy for this project. 54

Item 5. Commerce Way Dover DE LLC Warehouse on Commerce Way File #: S-22-14 November 2, 2022 Page 4 of 4 WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Wastewater impact fees may be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. STORMWATER 1. None STREETS 1. Please be advised that Rosemary Road is privately owned. If the developer would like to dedicate the street to the city for ownership, the improvements must meet all requirements from the City of Dover. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 55

C F S-22-14 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: November 9, 2022 D S O H V A E L APPLICATION: Warehouse Commerce Way R FILE #: S-22-14 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Matthew Brown, Deputy Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is a Large Area Warehouse 2. Building Access shall be no further than 100 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 100% and clearly shown on the plans. Perimeter Access minimum width shall be10 feet for one-story buildings and 15 feet for buildings of two or more stories, measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5) Where parking is located between the building and perimeter access area, parking shall not be located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall for building of two or more stories. 56

Item 5. 5. Fire lanes shall cover 50% of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 9. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 10. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide 11. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 12. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. 57

Item 5. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 13. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 14. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 15. Hydrants are to be Darling Co. B-62-B Breakaway https://american-usa.com/products/valves-and- hydrants/fire-hydrants/5-1-4-american-darling-b-62-b-5 16. NFPA 72 compliant Fire Alarm System required per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. 58

Item 5. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 17. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. 18. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five- inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 19. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. 59

Item 5. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 20. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 21. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed. If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate for the storage presented. 22. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of the connection and extend for a distance of four feet (4') on both sides, and where parking is allow between the building and the street or fire lane the solid yellow demarcation lines shall extend from the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum 12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches (3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly visible from the fire lane or roadway, and signs using NFPA international symbols shall be an acceptable alternative. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 23. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed in Regulation 701 as well as the following areas or buildings: In any building that has a floor above the first floor over 10,000 square feet gross floor area, In all buildings where the 1st floor exceeds 60,000 gross square feet, a Class I horizontal standpipe system installed in accordance with the applicable codes and standards listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall be installed in accordance with the applicable codes and standards listed in Regulation 701. The standpipe system shall be carried up with each floor and shall be installed and ready for use as each floor progresses. Standpipes shall not be more than one floor below the highest forms of staging, The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At the highest intermediate landing between floor levels in every required exit stairway, Where intermediate landing is not provided, hose connections shall be permitted to be located at the main floor landings in exit stairways when approved by the authority having jurisdiction, Where the local fire department has the capability of providing the required pressure, hydraulically designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide the required waterflow rate. A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2021 Delaware State Fire Prevention Regulations 702, Chapter 4, 2) 60

Item 5. 24. 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) 25. 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: 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, 26. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main 61

Item 5. entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanica l rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 27. 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 28. All new passenger elevators in a building shall be provided with a car sized to accommodate an ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where two or more new passenger elevators are located in a single hoist way and serve all or the same portion of the building, only one elevator car that provides a car sized to accommodate an ambulance cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall be placed inside on both sides of the hoist way door frame. Firefighter recall keys shall be provided in a manner acceptable to the local fire department. (2021 Delaware State Fire Prevention Regulations 705, Chapter 1, 15) 29. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State Communications prior to Final CO. This must be scheduled in advance with Delaware State Communications. 30. Project to be completed per approved Site Plan. 31. Full building and fire plan review is required. 32. 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. 33. Construction or renovations cannot be started until building plans are approved. 62

Item 5. 34. 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. 35. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 36. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties: Section 1. - Building permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for penalties). 1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer. 1.2 No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning commission, except upon approval of such plans approved by the said commission. 1.21 No building permit shall be issued for any building in a subdivision unless the subdivision plot has been approved by the planning commission. 1.3 No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the planning commission, unless and until such approval has been duly granted by the said commission. (Ord. of 7-12-1993, § 3) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Clearly show fire lane coverage. 2. Clearly show firefighter perimeter access. 3. No parking in front of the Fire Department Connection 4. Large Area Building requirements apply. See Attachments. 5. Addition requirements may apply depending on use. *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 63

Item 5. Chapter 5 Mid Rise, High Rise and Large Area Buildings 1.0 Application 1.1 This chapter shall apply to all new buildings and this chapter shall apply to all existing buildings that undergo a change in occupancy. 1.2 This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. 1.3 Any proposal that is presented to the Office of the State Fire Marshall for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. 19 DE Reg. 843 (03/01/16) 4.0 Large Area Buildings. 4.1 Application. The application of this Chapter pertains to any building exceeding one-hundred thousand (100,000) square feet gross floor area on any one floor. This Chapter does not apply to Strip Shopping/Office Center with no individual tenant exceeding 100,000 sq. ft. 4.1.1 If any one individual tenant in a Strip Shopping/Office Center exceeds 100,000 sq. ft. per floor, these requirements shall apply only to those tenants. 4.2 Horizontal Standpipes. 4.2.1 Horizontal Standpipes shall be required in accordance with Regulation 702, Chapter 4 of these Regulations 4.3 Emergency Voice/Alarm Communications and Detection System. 64

Item 5. 4.3.1 Large area buildings shall be equipped with a voice alarm, communication and detection system which shall be installed in accordance with the applicable codes and standards listed in Regulation 701 of these Regulations; and approved by the Office of the State Fire Marshal 4.4 Fire Command Station. 4.4.1 Large area buildings containing Health Care Occupancies, Ambulatory Health Care and Detention and Correction Occupancies shall contain a fire command center for fire department operations in a location reviewed by the responsible Fire Chief and approved by the Office of the State Fire Marshal. The Office of the State Fire Marshal may require a Fire Command Center for other Large Area Buildings. 4.4.2 The fire command center shall contain the following: 4.4.2.1 Voice alarm and public address panels 4.4.2.2 Fire department communications panel 4.4.2.3 Fire detection and alarm system annunciator panels and smoke management panels 4.4.2.4 Status indicator for elevator and annunciator indicating which elevators are operational 4.4.2.5 Status indicators and controls for air handling systems 4.4.2.6 Controls for unlocking all fire exit stairway doors simultaneously 4.4.2.7 Emergency power, light and system controls; and status indicators 4.4.2.8 Telephone and internet access for fire department use 4.4.2.9 Emergency and standby power status indicators 4.4.2.10 Generator supervision devices and manual start and transfer features 4.4.2.11 Public address system, where specifically required by other sections of this Code 4.4.2.12 Controls required for smoke control 4.4.2.13 Important keys to include 4.4.2.13.1 Elevator machine room 4.4.2.13.2 Elevator hoist way door access key 65

Item 5. 4.4.2.13.3 Side access door elevator car key 4.4.2.13.4 Electric room keys 4.4.2.13.5 Fire pump room keys 4.4.2.13.6 Mechanical room keys 4.4.2.13.7 Any master key 4.4.2.14 As built drawings. Specific types and format of drawings to be determined by the Office of the State Fire Marshal at time of plan review. 4.4.3 The fire command center shall be separated from the remainder of the building by one-hour construction and equipped with a heating, ventilating and air conditioning system that will prevent smoke laden air from entering the space. 4.4.4 It is not the intent of this section to require a room dedicated for this purpose, but the area provided must be available for immediate use in case of emergency. 4.4.5 The room shall be a minimum of 96 square feet with a minimum dimension of 8 feet. 4.4.6 The fire command room door shall be clearly identified for use by the fire department. 4.5 Smoke Management Systems 4.5.1 Large area buildings shall be equipped with a smoke management system approved by the Office of the State Fire Marshal, designed in accordance with §4.5.2 or §4.5.3, and shall be capable of being operated by the fire department. 4.5.2 This smoke control system shall, at a minimum, consist of manually operated smoke vents installed in accordance with the Standard for Smoke and Heat Venting, NFPA 204 with the following criteria: 4.5.2.1 One, 100 sq. ft. vent per 25,000 sq. ft. of floor area. 4.5.2.2 Each vent shall be centrally located within the 25,000 sq. ft. protected area. 4.5.3 Large Area buildings using mechanical means of smoke management shall be installed in accordance with NFPA 92A, NFPA 92B and approved by the Office of the State Fire Marshal. Such system shall provide the following: 4.5.3.1 Egress Stair Tower Pressurization if stairs are more than three (3) communicating floor levels 66

Item 5. 4.5.3.2 Area of Refuge Pressurization 4.5.3.3 Horizontal Exit Passageway Pressurization 4.5.3.4 Fire Floor or Fire Area Smoke Exhaust 4.5.3.5 Other Criteria as deemed necessary by the Office of the State Fire Marshal for Unusual Spaces 4.5.4 Smoke management system operation/actuation shall be approved by the Office of the State Fire Marshal. Note: As per NFPA 92A and NFPA 92B, the smoke management system shall be provided with a graphic annunciator and manual override panel to be located in the fire command center. The design and operation of the graphic annunciator shall be approved by the Office of the State Fire Marshal. 4.6 Standby Power, Light, and Emergency Systems. 4.6.1 Large area buildings shall be equipped with standby power, light, smoke management system and emergency systems which shall comply with the provisions of the Standard for Emergency and Standby Power Systems, NFPA 110, as adopted and/or modified by these Regulations. Exception: If the occupancy is such that “standard” battery operated emergency systems (emergency lighting, exit signs, fire alarm signaling system backup power, etc.), are deemed to be adequate by the State Fire Marshal. 13 DE Reg. 629 (11/01/09) 19 DE Reg. 843 (03/01/16) 67

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Commerce Way Dover DE LLC FILE#: S-22-14 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. An Area Wide Study (AWS) and Offsite Improvement Memo was issued for this site on October 15, 2022 2. A presubmittal meeting was held for this project on October 10, 2022. 3. DelDOT Subdivisions will need to review and approve the development through the Commercial Record and Entrance Plan process. 68

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 NOVEMBER 2022 APPLICATION: Commerce Way Dover DE LLC Warehouse on Commerce Way FILE #: S-22-14 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE: (302) 608 – 5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to the District’s office. 2. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. A soils investigation in the proposed Stormwater facility area(s) is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. 2. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 69

Item 5. November 10, 2022 Julian Swierczek AICP, Planner II City of Dover Department of Planning & Inspection City Hall, 15 Loockerman Plaza Dover, Delaware 19901 RE: Commerce Way Dover DE LLC Warehouse on Commerce Way Article 5 Section 7.2 Opaque Barrier Removal of fence component on north side of building Parcel ED05-076.10-02-07.03 Kimley-Horn Project # 112154006 Dear Mr. Swierczek, The property immediately adjacent to the west of the subject site is zoned RG-2 and is the location of the Woodmill Apartment Complex. Adjacent to the north is a parcel zoned ROS, with a residential development of primarily single-family detached dwelling units (single-family homes) located beyond that. As stated in Article 5 Section 7.2, this proposed development is required to provide an opaque barrier consisting of a wooden fence, a masonry wall or an earthen berm and a landscape component. This development proposes to provide an opaque barrier along the western property as shown in the attached exhibit. That barrier combined with the proposed and existing landscaping along the west property line will provide a strong barrier. In the existing condition, there are heavily wooded trees that run along the north property line of the subject site. This proposed development intends to leave the majority of those trees with the intent of acting as a natural vegetated barrier between properties. This purpose of this letter is to request the elimination of the opaque barrier (fence component) along the north side of the subject site per Article 5 section 7.24 of the City Zoning Ordinance. We believe the heavily wooded trees that run along the north side of the subject site will provide a desirable aesthetic alternative and provide a sufficient barrier between properties. Please review at your earliest convenience and thank you for your time with and consideration of this matter. If any questions, concerns, or issues arise, please contact me via email or phone at chris.mondoro@kimley- horn.com or (609) 454-2294. Sincerely, Christopher A. Mondoro Richard Procanik, P.E., P.P. Sr. Project Manager Sr. Project Manager 70

Item 5. PROPOSED WAREHOUSE +/- 234,00 SF PROPOSED OPAQUE FENCE COMMERCE WAY PROPOSED WAREHOUSE 0’ 30’ 60’ 120’ 240’ OPAQUE BARRIER FENCE WAIVER EXHIBIT NOVEMBER 2022 CITY OF DOVER, DE 71

Item 5. November 10, 2022 Julian Swierczek AICP, Planner II City of Dover Department of Planning & Inspection City Hall, 15 Loockerman Plaza Dover, Delaware 19901 RE: Commerce Way Dover DE LLC Warehouse on Commerce Way Performance Standard Review Application Parcel ED05-076.10-02-07.03 Kimley-Horn Project # 112154006 Dear Mr. Swierczek, The purpose of this letter is to demonstrate the proposed developments’ compliance with Article 5 Section 8.5 of the Code of Ordinances of the City of Dover. Specifically, we have listed the City of Dover performance standards from the ordinance and provided responses to each item in bold/italic below each section, which identify how the proposed warehouse facility will be in compliance with each section. 8.51 Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of the state and local laws and regulations shall also apply. Applicant Response: Comment will be considered during design. 8.52 Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity at any point, or electromagnetic disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. Applicant Response: Comment will be considered during design. 8.53 Noise. The maximum sound pressure level radiated by any use or facility (other than transportation facilities open to the public) at the property line shall not exceed the values in the designated octave bands given in [the following] table I, after applying the corrections shown in [the following] table II. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z243-1944, American Standards Association, Inc., New York, N.Y., and American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, N.Y., shall be used). Table I Octave Band Range Sound Pressure Level in in Cycles per Second Decibels re 0.0002 dyne/cm2 30 – 300 60 301 – 2,400 40 Above 2,400 30 72

Item 5. If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in table II shall be applied to the decibel levels given in table I. Table II Type of Location of Operation or Character of Noise Correction in Decibels 1. Daytime operation only 2. Noise source operates less than* a. 5 a. 20 percent of any one-hour period b. 10 b. 05 percent of any one-hour period 3. Noise of impulsive character (hammering, etc.) -5 4. Noise of periodic character (hum, screech, etc.) -5 5. Property is located in one of the following zones and is not a. 5 within 500 feet of any residential district*: b. 10 a. Central commercial C-2 zone c. 10 b. Service commercial C-3 zone c. Manufacturing M zone 6. Property is located in industrial park manufacturing zone IPM, 10 IPM2, IPM3 *Apply one of these corrections only. Applicant Response: Comment will be considered during design. 8.54 Vibration. No vibration shall be permitted which is discernible without instruments at the property line. Applicant Response: Comment will be considered during design. 8.55 Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954 (being a direct facsimile reduction of the standard Ringlemann chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 2 on said chart may be emitted for four minutes in any 30 minutes. These provisions applicable to visible grey smoke shall also apply to visible smoke of a different color, but with an apparently equivalent opacity. Any emission shall be in conformance with air pollution regulations of the Delaware Department of Natural Resources and Environmental Control. Applicant Response: Comment will be considered during design. 8.56 Odors. No emission shall be permitted of odorous gases or other offensive odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any offensive odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington D.C., and said manual and/or table as subsequently amended. Applicant Response: Comment will be considered during design. 8.57 Fly ash, dust, fumes, vapors, gases, and other forms of air pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling, at any point, and/or which does not conform to air pollution regulations of the Delaware Department of Natural Resources and Environmental Control, and, in no event, any emission, from any 73

Item 5. chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grain per cu. ft. of the conveying gas resulting from combustion. Standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air. Applicant Response: Comment will be considered during design. 8.58 Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this ordinance. Applicant Response: Comment will be considered during design. 8.59 Liquid or solid wastes. No discharge shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, except in accord with standards approved by the Delaware Department of Natural Resources and Environmental Control, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. Applicant Response: Comment will be considered during design. 8.60 Traffic congestion. When, in the surrounding highway network, operating conditions are at or near the design capacity level beyond which would result in functional failure of the surrounding highway network. All speeds are reduced to a low, but relatively uniform value. Freedom to maneuver within the traffic stream is extremely difficult, and it is generally accomplished by forcing a vehicle or pedestrian to "give way" to accommodate such maneuvers. Comfort and convenience levels are extremely poor, and driver or pedestrian frustration is generally high. Operations at this level are usually unstable, because small increases in flow or minor perturbations within the traffic stream will cause functional failures beyond acceptable levels. (The conditions described in this [sub]section are also used to describe "level of service E" as defined by the highway capacity manual developed by the transportation research board, dated 1985.) Applicant Response: Applicant will be consider during design and is working with DelDOT to address comment. Please review at your earliest convenience and thank you for your time with and consideration of this matter. If any questions, concerns, or issues arise, please contact me via email or phone at chris.mondoro@kimley- horn.com or (609) 454-2294. Sincerely, Christopher A. Mondoro Richard Procanik, P.E., P.P. Sr. Project Manager Sr. Project Manager 74

Item 5. STATE OF DELAWARE EXECUTIVE DEPARTMENT OFFICE OF STATE PLANNING COORDINATION October 24, 2022 Christopher A. Mondoro Kimley-Horn 301 Carnegie Center Boulevard Suite 202 Princeton, NJ 08540 RE: PLUS review – 2022-09-05; Commerce Way Warehouse Dear Mr. Mondoro: Thank you for meeting with State agency planners on September 28, 2022 to discuss the proposed plans for the Commerce Way Warehouse. According to the information received, you are seeking review of a site plan for the construction of a 234,000 SF warehouse facility with 317 parking spaces, 35 dock spaces, and 81 trailer spaces. Please note that changes to the plan, other than those suggested in this letter, could result in additional comments from the State. Additionally, these comments reflect only issues that are the responsibility of the agencies represented at the meeting. The developers will also need to comply with any Federal, State, and local regulations regarding this property. We also note that as the City of Dover is the governing authority over this land, the developers will need to comply with any and all regulations/restrictions set forth by the City. Strategies for State Policies and Spending This project is located in a Level 1 investment area, which is consistent with the 2020 Strategies for State Policies and Spending. Investment Level 1 reflects areas that are already developed in an urban or suburban fashion, where infrastructure is existing or readily available, and where future redevelopment or infill projects are expected and encouraged by State policy. Development in Level 1 is consistent with the 2020 Strategies for State Policies and Spending; therefore, the Office of State Planning Coordination has no objections to this site plan provided it meets the relevant codes and ordinances of the City of Dover. 122 Martin Luther King Jr. Blvd. South – Haslet Armory  Third Floor  Dover, DE 19901 Phone (302)739-3090  Fax (302) 739-5661  www. stateplanning.delaware.gov 75

Item 5. PLUS review 2022-09-05 Page 2 of 11 Code Requirements/Agency Permitting Requirements Department of Transportation – Contact Stephen Bayer 302-760-4834 • The following access comments refer to what DelDOT will be looking at regarding entrances during the plan review process. As there are different ways for sites to access the state- maintained road network, the comments reflect what roads and access points DelDOT will be looking at when the applicant submits plans for review and approval. The site accesses on West North Street (Delaware Route 15) through Commerce Way (City Street) and West North Street (Delaware Route 15) through Enterprise Place (City Street) must be designed in accordance with DelDOT’s Development Coordination Manual, which is available at http://www.deldot.gov/Business/subdivisions/index.shtml?dc=changes. • Pursuant to Section 1.3 of the Manual, a Pre-Submittal Meeting is required before plans are submitted for review. The form needed to request the meeting and guidance on what will be covered there and how to prepare for it is located at https://www.deldot.gov/Business/subdivisions/pdfs/Meeting_Request_Form.pdf?08022017. • Section 1.7 of the Manual addresses fees that are assessed for the review of development proposals. DelDOT anticipates collecting the Initial Stage Fee when the record plan is submitted for review and the Construction Stage Fee when construction plans are submitted for review. • Per Section 2.2.2.1 of the Manual, Traffic Impact Studies (TIS) are warranted for developments generating more than 500 vehicle trip ends per day or 50 vehicle trip ends per hour in any hour of the day. Using the 11th edition of the Institute of Transportation Engineers’ Trip Generation Manual, DelDOT estimates that the subject development, consisting of 234,000 square feet warehouse space, would generate 408 vehicle trip ends per day and estimates the weekday morning and evening peak hour trip ends at 52 and 55, respectively. Therefore, a TIS would normally be required. o Section 2.2.2.2 of the Development Coordination Manual provides that for developments generating less than 2,000 vehicle trip ends per day and less than 200 vehicle trip ends per hour in any hour of the day, DelDOT may accept an Area Wide Study (AWS) Fee in lieu of the TIS if the local government does not require a TIS. The AWS Fee is calculated as $10 per daily trip or, in this case, $4,080. AWS Fees are used to fund traffic studies, not to build improvements. o The purpose of a TIS, per DelDOT regulations, is to determine the offsite improvements for which the developer should be responsible to build or contribute toward. DelDOT anticipates requiring the developer to improve Delaware Route 15, if turn lanes are required, to meet DelDOT’s standards associated with its Functional Classification. Delaware Route 15 is a Minor Arterial, for which the standard includes 76

Item 5. PLUS review 2022-09-05 Page 3 of 11 12-foot lanes and 8-foot shoulders. The limits of the road improvements will be determined during the record plan process based partly on the turn lane lengths with a logical terminus to transition the road improvement back into the existing road. o Questions regarding the requirement to improve the site frontage should be directed to the Kent County Review Coordinator, Mr. Olayiwola Okesola. Mr. Okesola may be reached at Olayiwola.Okesola@delaware.gov or (302) 760-2409. • Referring to Section 3.4.2.1 of the Manual, the following items, among other things, are required on the Record Plan: o A Traffic Generation Diagram. See Figure 3.4.2-a for the required format and content. o Depiction of all existing entrances within 300 feet of the proposed entrance on State Route 15. o Notes identifying the type of off-site improvements, agreements (signal, letter) contributions and when the off-site improvements are warranted. • Section 3.5.4.2 of the Manual addresses requirements for Shared Use Paths (SUP) and sidewalks. For projects in Level 1 and 2 Investment Areas, installation of paths or sidewalks along the frontage on State-maintained roads is required. DelDOT will suggest the City require sidewalk along the site frontage on Commerce Way. • Section 3.5.4.3 of the Manual addresses walkways, non-residential developments shall provide a system of internal pedestrian connections to encourage safe and convenient pedestrian movement within the site. These pedestrian connections, known as walkways, shall also link the site with the public street sidewalk, transit facilities and shared-use trail system, where they exist. The sidewalk along the sites frontage on Commerce Way shall connect to the existing sidewalk at the ends of the adjacent parcels. • Referring to Section 3.5.5 of the Manual, existing and proposed transit stops and associated facilities as required by the Delaware Transit Corporation (DTC) or DelDOT shall be shown on the Record Plan. DTC anticipates requiring improving the existing stop near the east side of the project’s frontage on Commerce Way to a Type 2, 12x8 bus stop pad. The developer should coordinate with DTC regarding the location of the stop. • In accordance with Section 5.2.9 of the Manual, the Auxiliary Lane Worksheet should be used to determine whether auxiliary lanes are warranted at the site entrances and how long those lanes should be. The worksheet can be found at http://www.deldot.gov/Business/subdivisions/index.shtml. DelDOT considers the site entrances where the site accesses the state maintained road network, in this case from Commerce Way onto Delaware Route 15 and Enterprise Place onto Delaware Route 15. 77

Item 5. PLUS review 2022-09-05 Page 4 of 11 • In accordance with Section 5.4 of the Manual, sight distance triangles are required and shall be established in accordance with American Association of State Highway and Transportation Officials (AASHTO) standards. A spreadsheet has been developed to assist with this task. It can be found at http://www.deldot.gov/Business/subdivisions/index.shtml. • In accordance with Section 5.14 of the Manual, all existing utilities must be shown on the plan and a utility relocation plan will be required for any utilities that need to be relocated. DART First State – Contact Jared Kauffman 302-576-6062 • Existing stop ID 3514 should be improved to a Type 2 12x8 shelter pad. Department of Natural Resources and Environmental Control – Contact Clare Quinlan 302-735-3480 Disclaimer Clause: Staff from the Delaware Department of Natural Resources and Environmental Control (DNREC) reviewed the project submitted for PLUS review. The absence of comments regarding specific resources does not indicate that there are not additional constraints or environmental issues on site, nor does it indicate DNREC support of a project. Concerns Identified Within the Development Footprint Stormwater Management This application proposes greater than 5000 square feet of land disturbing activities, therefore, this project will be subject to Delaware’s Sediment and Stormwater Regulations. Requirements: • A Sediment and Stormwater Plan must be developed, then approved by the appropriate plan review agency prior to any land disturbing activity taking place on the site. For this project, the plan review agency is the Kent Conservation District. • Additionally, to address federal requirements, construction activities that exceed 1.0 acre of land disturbance require Construction General Permit coverage through submittal of an electronic Notice of Intent for Stormwater Discharges Associated with Construction Activity. This form must be submitted electronically (https://apps.dnrec.delaware.gov/enoi/, select Construction Stormwater General Permit) to the DNREC Division of Watershed Stewardship, along with the $195 fee. • Schedule a project application meeting with the appropriate plan review agency prior to moving forward with the stormwater and site design. As part of this process, you must submit a Stormwater Assessment Study. Plan review agency contact: Kent Conservation District at (302) 608-5370. Website: http://kentcd.org/ 78

Item 5. PLUS review 2022-09-05 Page 5 of 11 General stormwater contact: DNREC Sediment and Stormwater Program at (302) 739-9921. E- mail: DNREC.Stormwater@delaware.gov. Website: https://dnrec.alpha.delaware.gov/watershed- stewardship/sediment-stormwater/ Delaware Emergency Management Agency – Contact Phillip Cane 302-659-2325 Proposed Project Parcel Flood Concern • This/These parcel(s) is/are located within an area of Minimal Flood Concern of 1000 years or greater. Parcel Status within County Evacuation Zone Location • The parcel(s) is located within Kent County, not in an Evacuation Zone. State Historic Preservation Office – Contact Carlton Hall 302-736-7400 • There are no known archaeological sites or known National Register-listed or eligible properties on the parcel. • The distance of the project area to a potential fresh water sources is not particularly ideal, but soils in the general area are well drained, and the project area is situated on a slight topographic rise in relation to the nearby freshwater sources to the north and east of the project area. Therefore, precontact probability is medium to high. • However, historic aerials show that the area was used as a tree orchard in the early 20th century; this would have most likely disturbed any intact archaeological deposits in the project area. In addition, the construction of buildings in the east of the parcel, and minor roads across the parcel from 1968-1992 would have also caused significant disturbance to any precontact resources. • There were no historic structures within the project area are indicated on historic maps. The project area does not have any above ground architectural resources within the project area. The probability for historic resources in the project area is low. • This office has no archaeological concerns related to the proposed work. Delaware State Fire Marshall’s Office – Contact Duane Fox 302-739-4394 This document is for information purposes only and does not constitute any type of approval from the Delaware State Fire Marshal’s Office. This is a cursory review. Please contact the City of Dover’s Fire Marshal Office for formal submission requirements. 79

Item 5. PLUS review 2022-09-05 Page 6 of 11 Fire Protection Water Requirements • Water distribution system capable of delivering at least 1,500 gpm for 2-hour duration, at 20- psi residual pressure is required. Fire hydrants with 800 feet spacing on centers. • Where a water distribution system is proposed for business occupancy sites, the infrastructure for fire protection water shall be provided, including the size of water mains for fire hydrants and sprinkler systems. Fire Protection Features • All structures over 10,000 Sq. Ft. aggregate will require automatic sprinkler protection installed. • Buildings greater than 10,000 Sq. Ft., 3-stories or more, over 35 feet in height, or classified as High Hazard are required to meet fire lane marking requirements • Show Fire Department Connection location (must be within 300 feet of fire hydrant), and detail as shown in the DSFPR. • Show Fire Lanes and Sign Detail as shown in DSFPR. • Building shall comply with the Large Area Building requirements in DSFPR. • Parking between the building and the fire lane shall comply with DSFPR. Accessibility • All premises, which the fire department may be called upon to protect in case of fire, and which are not readily accessible from public roads, shall be provided with suitable gates and access roads, and fire lanes so that all buildings on the premises are accessible to fire apparatus. This means that the access road to the site must be constructed so fire department apparatus may negotiate it. If a “center island” is placed at an entrance road, it shall be arranged in such a manner that it will not adversely affect quick and unimpeded travel of fire apparatus into the site. • Any dead-end road more than 300 feet in length shall be provided with a turn-around or cul-de- sac arranged such that fire apparatus will be able to turn around by making not more than one backing maneuver. The minimum paved radius of the cul-de-sac shall be 38 feet. ▪ The dimensions of the cul-de-sac or turn-around shall be shown on the final plans. Also, please be advised that parking is prohibited in the cul-de-sac or turn around. • The use of speed bumps or other methods of traffic speed reduction must be in accordance with Department of Transportation requirements. • The local Fire Chief, prior to any submission to our Agency, shall approve in writing the use of gates that limit fire department access into and out of the development or property. Gas Piping and System Information • Provide type of fuel proposed and show locations of bulk containers on plan. 80

Item 5. PLUS review 2022-09-05 Page 7 of 11 Required Notes • Provide a note on the final plans submitted for review to read “All fire lanes, fire hydrants, and fire department connections shall be marked in accordance with the Delaware State Fire Prevention Regulations” • Proposed Use • Alpha or Numerical Labels for each building/unit for sites with multiple buildings/units • Square footage of each structure (Total of all Floors) • National Fire Protection Association (NFPA) Construction Type • Maximum Height of Buildings (including number of stories) • Note indicating if building is to be sprinklered • Name of Water Provider • Letter from Water Provider approving the system layout • Provide Lock Box Note (as detailed in DSFPR) • Provide Road Names, even for County Roads Recommendations/Additional Information This section includes a list of site-specific suggestions that are intended to enhance the project. These suggestions have been generated by the State Agencies based on their expertise and subject area knowledge. These suggestions do not represent State code requirements. They are offered here in order to provide proactive ideas to help the applicant enhance the site design, and it is hoped (but in no way required) that the applicant will open a dialogue with the relevant agencies to discuss how these suggestions can benefit the project. Department of Transportation – Contact Stephen Bayer 302-760-4834 • The applicant should expect a requirement that all PLUS and Technical Advisory Committee (TAC) comments be addressed prior to submitting plans for review. • Please be advised that the Standard General Notes have been updated and posted to the DelDOT website. Please begin using the new versions and look for the revision dates of March 21, 2019 and March 16, 2022. The notes can be found at https://www.deldot.gov/Business/subdivisions/ Department of Natural Resources and Environmental Control – Contact Clare Quinlan 302-735-3480 Stormwater Management • Where the site and soil conditions allow, integrate runoff reduction techniques including infiltration basins, bioretention (rain gardens), filter strips, and pavers to encourage on-site stormwater infiltration and reduce runoff. 81

Item 5. PLUS review 2022-09-05 Page 8 of 11 • For improved stormwater management, preserve existing trees, wetlands, and passive open space. Plan review agency contact: Kent Conservation District at (302) 608-5370. Website: http://kentcd.org/ General stormwater contact: DNREC Sediment and Stormwater Program at (302) 739-9921. E- mail: DNREC.Stormwater@delaware.gov. Website: https://dnrec.alpha.delaware.gov/watershed- stewardship/sediment-stormwater/ Drainage • All existing drainage ditches on the property should be evaluated for function and cleaned, if needed, prior to the construction of the project. • Environmental permits or exemptions may be required by the County Conservation District (Standard Plan), the DNREC Sediment and Stormwater Program (eNOI/NOT), Army Corp of Engineers, and/or DNREC Wetlands and Subaqueous Lands Section prior to clearing and/or excavating ditch channels. • All precautions should be taken to ensure the project does not hinder any off-site drainage upstream of the project or create any off-site drainage problems downstream by the release of on-site storm water. Contact: DNREC Drainage Program at (302) 855-1930. Website: https://dnrec.alpha.delaware.gov/drainage-stormwater/ Water Quality (Pollution Control Strategies) This site lies within the St. Jones River Watershed. Surface water quality in this watershed does not meet Federal and/or State Water Quality Standards and a Pollution Control Strategy is in place for this watershed. • Reduce impervious surfaces on the project site by eliminating areas of impervious pavement and/or using pervious pavement where practicable. Break up large parking lots with planted islands. • Reduce stormwater runoff by integrating infiltration basins, bioretention (rain gardens), filter strips, and by preserving existing trees, wetlands, and passive open space. • Reduce the necessity for nutrient application by maintaining open space as meadow or forest planted exclusively with native plants. Native plants are well-suited to our climate and require limited maintenance. Contact: DNREC Division of Watershed Stewardship’s Watershed Assessment Section at (302) 739-9939. 82

Item 5. PLUS review 2022-09-05 Page 9 of 11 Website: https://dnrec.alpha.delaware.gov/watershed-stewardship/ Additional Sustainable Practices • Install electric vehicle charging stations for employees. Installation costs can vary significantly depending on the parking and electricity distribution at a given location, so it is often easier and cheaper to plan for the installation at construction, rather than doing costly retrofits later. The DNREC Division of Climate, Coastal and Energy offers rebates of up to 90% of the cost of the charging station for commercial, multi-unit dwelling and other public properties. These programs address climate change goals of reducing greenhouse gas emissions and improving overall air quality (https://dnrec.alpha.delaware.gov/climate-coastal-energy/clean- transportation/). • Consider using renewable energy infrastructure such as solar or geothermal to reduce energy costs and further reduce pollution created from offsite generation. Grant funds and incentives are available for Delmarva Power customers through the DNREC Green Energy Fund, which includes several funding types through the state’s major electric utilities (https://dnrec.alpha.delaware.gov/climate-coastal-energy/renewable/assistance/). • On large expanses of impervious surfaces and asphalt, design parking areas to include trees for shading. • Include space for recycling dumpsters within the preliminary site design stage. These can be placed adjacent to trash dumpsters. • Incorporate nonmotorized connectivity and install bicycle racks where feasible to help facilitate non-vehicular travel modes. • Use efficient Energy Star rated products and materials in construction and redevelopment. Energy efficient appliances use less energy over time. This saves consumers and businesses money, while also helping to reduce pollution from power generation. • Use structural paint coatings that are low in Volatile Organic Compounds to help protect air quality. Air pollution from new construction is generated through the use of maintenance equipment, paints, and consumer products like roof coatings and primers. • Use recycled materials, such as reclaimed asphalt pavement, to reduce heat island effects on paved surfaces, prevent landfill waste, and lower material costs. Contact: DNREC Division of Climate, Coastal & Energy at (302) 735-3480. Website: https://dnrec.alpha.delaware.gov/climate-coastal-energy/ 83

Item 5. PLUS review 2022-09-05 Page 10 of 11 Delaware Emergency Management Agency – Contact Phillip Cane 302-659-2325 Population • The county has a population density of 310.20 per square mile based on the US 2020 Census report, an increase from 2010 at 271.30 persons per square mile. • The specific census block(s) the project is located on has a total population of 768 though, with development, this will undoubtedly change. • The adjacent blocks aggregate brings the area to a total population of 2,445. FEMA National Risk Index • The FEMA National Risk Index is an online mapping application that identifies communities most at risk of 18 natural hazards: Avalanche, Coastal Flooding, Cold Wave, Drought, Earthquake, Hal, Heat Wave, Hurricane, Ice Storm, Landslide, Lightning, Riverine Flooding, Strong Wind, Tornado, Tsunami, Volcanic Activity, Wildfire, and Winter Weather. The FEMA National Risk Index is calculated by multiplying the Expected Annual Loss times the Social Vulnerability and dividing that by the Community Resilience. • According to FEMA's National Risk Index, the parcel(s) is considered very low for overall natural hazards risks. • Community Resilience is a consequence reduction risk component and a community risk factor that represents the ability of a community to prepare for anticipated natural hazards, adapt to changing conditions, and withstand/recover rapidly from disruptions. Social Vulnerability is a consequence-enhancing risk factor that represents the susceptibility of social groups to the adverse impacts of natural hazards. • Its community resilience is rated as relatively high. In contrast, its social vulnerability is rated as relatively moderate. 84

Item 5. PLUS review 2022-09-05 Page 11 of 11 Potential Parcel Solar Panel Capabilities • Regarding energy use and consumption, the parcel utilizes utility gas as the predominant fuel for heating purposes. • However, for electricity generation via solar panels, the parcels have an average photovoltaic power potential of 1486 kWh/kWp. As such, should solar panels be utilized, we recommend an optimum tilt of the photovoltaic modules at approximately 35°, which could provide a potential of 1799 kWh/m2. Renewable Energy Commitment • DEMA strongly encourages the use of renewable energies and high-efficiency appliances and utilities. • Regarding utilities, DEMA suggests incorporating 90% series furnaces/HVAC systems; the closer to 99%, the better, as well as A/C units of 20 Seer or greater. DEMA recommends using tankless water heaters, and battery backup systems for sump pumps to reduce potential water damage from power failure. • Lastly, DEMA encourages the integration of modern and emerging technologies, such as the potential for electric vehicles in garages/parking lots, green roofs where applicable and allowable, and the like. Delaware State Fire Marshall’s Office – Contact Duane Fox 302-739-4394 • Preliminary meetings are encouraged prior to formal submittal. Please contact the City of Dover’s Fire Marshal Office to schedule. Following receipt of this letter and upon filing of an application with the local jurisdiction, the applicant shall provide to the local jurisdiction and the Office of State Planning Coordination a written response to comments received as a result of the pre-application process, noting whether comments were incorporated into the project design or not and the reason, therefore. Thank you for the opportunity to review this project. If you have any questions, please contact me at 302-739-3090. Sincerely, David L. Edgell, AICP Director, Office of State Planning Coordination 85

Item 5. PROPOSED WAREHOUSE +/- 234,00 SF PROPOSED OPAQUE FENCE COMMERCE WAY PROPOSED WAREHOUSE 0’ 30’ 60’ 120’ 240’ OPAQUE BARRIER FENCE WAIVER EXHIBIT NOVEMBER 2022 CITY OF DOVER, DE 86

Item 5. SEAL This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is CONCEPTUAL RENDERING ARCO intended merely to assist in exploring how the project might be developed. ADB DESIGN SERVICES MODANI DOVER COMMERCE WAY, DOVER, DE 19904 AS438-22 | NE258 | 10.05.2022 DESIGN/BUILD 01 87

Item 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 55' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 55' - 0" 20' - 0" 24' - 0" 11' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 13' - 6" 27' - 0" 26' - 0" 14' - 8" 0' - 10" TOW TOW 45' - 2" 42' - 6" TOW 43' - 8" LEVEL 01 0' - 0" TRUCK COURT -4' - 0" CONCEPTUAL EAST ELEVATION 1 SCALE: 3/64" = 1'-0" A B C D E F G H 50' - 0" 50' - 0" 50' - 0" 50' - 0" 50' - 0" 50' - 0" 60' - 0" 18' - 2" 27' - 0" 27' - 0" 18' - 0" 25' - 0" 25' - 0" 25' - 0" 25' - 0" 24' - 0" 24' - 0" 24' - 0" 10' - 0" 24' - 0" 20' - 0" TOW 11' - 0" TOW 10' - 0" 10' - 0" 11' - 0" TOW TOW TOW 51' - 2" 50' - 2" TOW TOW 48' - 2" 47' - 2" 46' - 2" 45' - 8" 45' - 2" TOW 45' - 2" LEVEL 01 0' - 0" CONCEPTUAL SOUTH ELEVATION 2 SCALE: 3/64" = 1'-0" 13 12 11 10 9 8 7 6 5 4 3 2 1 55' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 54' - 0" 55' - 0" 19' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 18' - 0" 18' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 27' - 0" 19' - 0" 11' - 0" 11' - 0" TOW 11' - 0" TOW 11' - 0" 51' - 2" 50' - 2" TOW 51' - 2" LEVEL 01 0' - 0" CONCEPTUAL WEST ELEVATION 3 SCALE: 3/64" = 1'-0" H G F E D C B A 60' - 0" 50' - 0" 50' - 0" 50' - 0" 50' - 0" 50' - 0" 50' - 0" 17' - 0" 18' - 0" 25' - 0" 25' - 0" 25' - 0" 25' - 0" 25' - 0" 25' - 0" 25' - 0" 25' - 0" 25' - 0" 18' - 0" 27' - 0" 27' - 0" 18' - 2" 0' - 10" GLAZING LEGEND 11' - 0" TOW TOW TOW TOW TOW 50' - 2" TOW 45' - 8" 46' - 8" 47' - 8" TOW 44' - 8" GL-01 - INSULATED GLAZING UNIT 43' - 8" 51' - 2" 1 INCH THICK WITH 1/4" THICK CLEAR LITES AND LOW-E COATING (SEE ENERGY CALCULATIONS FOR REQUIREMENTS) GL-02 - TEMPERED SAFETY GLAZING TYPE GL-01 WITH TEMPERED SAFETY GLAZING GL-03 - SPANDREL GLAZING TYPE GL-01 WITH SPANDREL GLAZING LEVEL 01 0' - 0" PAINT SCHEME LEGEND CONCEPTUAL NORTH ELEVATION 4 SCALE: 3/64" = 1'-0" P1 - BASE COLOR P3 - ACCENT COLOR SW 6253 OLYMPUS WHITE SW 6257 GIBRALTAR P2 - ACCENT COLOR WP - WOOD ACCENT SW 6255 MORNING FOG LONGBOARD - SIDING 6" V GROOVE COLOR: LIGHT CHERRY SEAL This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is CONCEPTUAL ELEVATIONS ARCO intended merely to assist in exploring how the project might be developed. SCALE 3/64" = 1'-0" 0 16 32 48 96 ADB DESIGN SERVICES MODANI DOVER COMMERCE WAY, DOVER, DE 19904 AS438-22 | NE258 | 10.05.2022 DESIGN/BUILD 03 89

Item 6. City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF: December 7, 2022 PLANNING COMMISSION MEETING OF: December 19, 2022 Plan Title: Retail Store at 293 South Saulsbury Road Plan Type: Site Development Plan Location: East side of South Saulsbury Road and north of W. North Street Address: 293 South Saulsbury Road Tax Parcel: ED-05-076.11-01-43.00-000 Owner: West Dover Roadway, LLC Lot Size: 3.6446 acres +/- Zoning: C-2A (Limited Central Commercial Zone) COZ-1 (Corridor Overlay Zone) Current Use: Undeveloped (northern portion of parcel), Retail with fuel pumps (southern portion) Proposed Use: Retail Building Area: Existing: 5,786 SF Proposed: 9,100 SF Total: 14,886 SF Off Street Parking: Required – 31 spaces Proposed – 28 spaces (63 total) For Consideration: Superior Urban Design Previously Approved Waiver Request: Fence Component of the Opaque Barrier Requirement Partial Elimination of the 6-inch curbing requirement P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 91

Item 6. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: December 7, 2022 APPLICATION: Retail Store at 293 South Saulsbury Road, Dover DE FILE #: S-22-16 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek AICP, Planner II PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for review of a Site Development Plan to permit construction of a 9,100 SF, one-story retail building and associated site improvements. The proposed development is to be located on the undeveloped northern portion of the parcel already containing a retail building (convenience store) and associated fuel pumps (Royal Farms). The property is zoned C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the east side of South Saulsbury Road and north of W. North Street. The owner of record is West Dover Roadway, LLC. Property Address: 293 S. Saulsbury Road. Tax Parcel: ED-05-076.11-01-43.00-000. Council District 4. Previous Applications This property was subject to Rezoning Application Z-11-01 which proposed rezoning the property from C-3 (Service Commercial Zone) with COZ-1 (Corridor Overlay Zone), to C-2A (Limited Central Commercial Zone) while maintaining the COZ-1 Overlay. This was to allow for the eventual proposed redevelopment of the property to allow for a retail use (Convenience Store with Fuel Pumps) in the southern portion of the site, and a bank in the northern portion of the site. This Rezoning Application was recommended for approval by the Planning Commission at their January 2011 meeting, and approved by the City Council at their March 28, 2011 meeting. This site was previously subject to Conditional Use Site Plan Application C-11-05 which was to allow for the construction of a retail facility in the southern portion of the site (convenience store with fuel pumps) and a bank in the northern portion of the property. The retail store with fuel pumps was built (Royal Farms); however, the bank was not thus leaving this area of the property (subject of this Site Development Plan Application) undeveloped. This Conditional Use Site Plan Application received conditional approval at the August 2011 meeting of the Planning Commission along with the following waivers: - Fence Component of the Opaque Barrier Requirement: A Waiver was granted pertaining to the Zoning Ordinance, Article 5 §7.21(a) in order to allow for a change in material for the opaque barrier component from a wood fence to white vinyl fence. - Partial Elimination of the 6-inch curbing requirement: A Waiver was granted 92

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 2 pertaining to the Zoning Ordinance, Article 6 §3.6(b) to eliminate the portions of the required upright curbing where stormwater management dictates. This was to allow for sheet flow into the stormwater management facility. Both Waivers were approved as part of the overall conditions of approval for Conditional Use Site Plan Application C-11-05 by the Planning Commission at their August 2011 meeting. This Plan subsequently received Final Plan Approval in a Letter dated December 21, 2012. II. PROJECT DESCRIPTION The subject property area consists of 3.6446 acres +/- on the east side of South Saulsbury Road, north of W. North Street. This site is already partially developed in the southern portion containing a retail use (Convenience Store with Fuel Pumps), while the northern portion is currently undeveloped. This subject Site Development Plan Application is for the northern undeveloped portion of the site only, and proposes no changes to the southern developed portion. The project proposes a one-story retail store of 9,100 SF with associated site improvements in the portion of the property that is currently undeveloped. As the proposed retail building is on the same parcel as the existing convenience store (gas station), it will be utilizing many of the same vehicle and pedestrian access points, as well as having a common parking lot, with the subject Application proposing 28 vehicle parking spaces for a total of 63 on-site parking spaces. Surrounding Land Uses: The property immediately to the north and east of the subject site is zoned RG-1 (General Residence Zone) and is also partially subject to the COZ-1 (Corridor Overlay Zone). This property is the site of the Simon Circle residential development containing a mix primarily of townhouses. Across W. North Street to the south is the Eden Hill Farm TND. Eden Hill is zoned TND (Traditional Neighborhood Design) and was proposed/ is being developed with separate design standards to allow for a more traditionally-styled development with mixed-use. The area across from the subject site is the Neighborhood Commercial Area, which is at present largely undeveloped, with the closest development being an office building. To the southwest of the subject site is a property zoned IPM (Industrial Park Manufacturing Zone) which contains the Kraft Heinz General Foods plant. Across S. Saulsbury Road from the subject site to the west are properties zoned CPO (Commercial and Professional Office Zone) and containing a mix of primarily office uses. III. ZONING REVIEW C-2A (Limited Central Commercial Zone) Zoning The proposed use is classified as a retail store which is a permitted use in the C-2A Zone. The existing use on site (Royal Farms Gas Station) is also a retail use, and the associated Fuel Pumps are a Conditional Use in the C-2A Zone. 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: 93

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 3 (a) Retail Stores (b) Business, professional or government offices (c) Personal service establishments. (d) Restaurants. (e) Service establishments. (f) Hotels. (g) Places of public assembly. (h) Drive-throughs. (i) One family residences, including attached and semi-detached dwellings, complying with the bulk standards of the RG-1 (General Residence) zone. (j) Apartments and multi-family dwellings This Site Development Plan is proposing a retail use which is permitted in the C-2A Zone. COZ-1 (Corridor Overlay Zone -1) The subject site area involved with this application is located within the COZ-1. The Zoning Ordinance details the requirements of the COZ-1 in Article 3 §27 and its subsections. The Corridor Overlay Zone as a planning and growth management tool is designed to foster an attractive, efficient, and economically vibrant urban corridor along Route 8/Forrest Avenue and Saulsbury/McKee Roads. To this end, more stringent standards are applied to development taking place in the corridor. Certain requirements for the COZ-1 may be relaxed if the Planning Commission determines that the project plan is “Superior Urban Design” based on specific criteria outlined in the Zoning Ordinance, Article 3, Section 27.2 and with reference to the policy guidance sheet “COZ-1 Superior Urban Design Goals and Policies” (see Attachment). The Applicant has submitted a Letter (See Attachment) noting in what ways they find the Plan to comply with the provisions of the COZ-1. The compliance of the project with the COZ-1 requirements per the findings of Planning Staff is discussed below, • The COZ-1 specifies a required front yard setback for non-residential properties. The proposed building is in the northern portion of the site, with the building facing primarily the Saulsbury Road frontage. Per the Zoning Ordinance, the front setback from Saulsbury Road is required to be a minimum of 40 feet, and a maximum of 50 feet. The Plans submitted show that the setback from Saulsbury Road to the proposed building is to be 80.8 feet; however, it appears the existing canopy structures over the fuel pumps are set back 50 feet from Saulsbury Road, making the property in compliance. • Within the COZ-1 overlay, a building must sit parallel to the road with the new building’s longest side facing the road. The Plans submitted however show that the longest side is situated perpendicular to the main road. As such, the Planning Commission may approve this non-conforming building placement provided the Applicant can sufficiently demonstrate specific constraints making conforming building placement not possible. • The Corridor Façade of the building (the western façade facing the Saulsbury Road frontage) is required to contain architectural elements traditionally associated with the front of a building. The Renderings submitted appear to show that this façade is to contain several windows, a mix of building materials (a stone clad watertable, a mix of 94

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 4 ship lap and board & batten siding, and an awning, all in a mix of warmer gray and earth tones. This rendering would suggest the proposed Building meets the Architectural Standards. • The Plan achieves the following for the parking lot layout/arrangement: parking lot location is not in the front yard setback or located between the building and the corridor frontage, and the number of parking spaces versus islands is met. • There is a requirement that islands be a minimum of 10 feet in width to accommodate sufficient landscaping. No such islands are proposed by this Plan. • A minimum of five percent of the interior area of the parking lot is required to be provided for landscape purposes. In addition to the landscaping required of all parking islands and medians, shade trees are required within the landscaped islands whenever and wherever practicable. The Applicant should confirm if this is being met. • Building complies with the allowable number of stories (one-story) and maximum permitted height of 35 feet in the COZ-1. • The COZ-1 has a requirement that a minimum of 25% of the lot consists of landscaped open space. The Plan notes that the overall Open Space of the site once fully developed is to only be 22%, however the Applicant has submitted further written correspondence stating it has been recalculated and the Site is proposed to be 27% Open Space. • 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) is required. Trees shall be provided along the frontage perimeter at a minimum rate of one tree for each 50 linear feet of frontage. The width of the front landscape area is not provided, nor is the distance between the trees planted along the frontage. • A minimum of 15 feet of landscaped open space must be provided along all side and rear lot lines when abutting a residential use. The subject property is abutting a residential use along both the north and east property boundaries. The specific dimensions of the proposed opens spaces are not provided, but they appear to be in excess of the minimum 15-feet required. • The property is also required to provide one tree per 75 linear feet along the north and east property lines. There appear to only be two (2) trees proposed along the north property line, however there are extant tree plantings that may count towards this requirement. • Loading Areas must be screened so as to minimize visibility from the roadway, adjacent properties, and other public areas. The Loading Area for the proposed retail facility is located on the north side of the building. There is an existing opaque fence and landscaping along the north and east property lines appear to sufficiently screen this Loading Area from the neighboring residential uses The Applicant has also submitted an a rendering of the west façade, where a screening wall has been added to screen the loading area from the adjacent Saulsbury Road right-of-way. • The COZ-1 also notes that transportation amenities for bicycles, pedestrians and transit should exceed the requirements of the Zoning Ordinance. To that end, the proposed vehicle parking space count of 28 spaces would require a minimum of two (2) bicycle parking spaces to be provided. The subject site overall is proposed to contain 63 parking spaces. The Plans submitted do not indicate that any such bicycle parking exists for the existing convenience store. The Plan notes that the overall vehicle parking space count is proposed to be 63 spaces. The Plan consequently notes four (4) bicycle spaces being 95

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 5 required per this vehicle parking space count. The Plans identify that the required minimum number of four (4) bicycle parking spaces is being proposed. IV. PARKING SUMMARY The minimum parking requirements for the C-2A (Limited Central Commercial Zone) is one (1) parking space for every 300 S.F. of floor area or one (1) per employee, whichever is greater. Based on the size of the proposed Retail Store (9,100 S.F.), this new building would require thirty-one (31) parking spaces. The Plan shows twenty-eight (28) parking spaces (including two (2) are handicap parking spaces) being proposed for the retail building, which does not meet the minimum requirement. However, it is again noted that the proposed building is on the same property as the existing Convenience Store with Fuel Pumps which the Plans note as being 5,786 SF. This building size would typically require twenty (20) vehicle parking spaces; however, the Plans note that the property currently has forty-eight (48) existing vehicle parking spaces, of which thirty-five (35) parking spaces being are to be retained. The site overall is proposed to ultimately contain 14,886 SF in gross floor area, which would be required to provide fifty (50) vehicle parking spaces. However, the thirty-five (35) existing spaces to be retained, combined with the twenty-eight (28) proposed, would provide a total of sixty-three (63) vehicle parking spaces. The site would therefore meet Code requirements. Bicycle Parking Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is to be served by (63) total parking spaces, four (4) bicycle parking spaces would be required. The Plans submitted note that (4) are to be provided, and further identify a bike rake being located to the southeast of the proposed new retail building. It is unclear if there are any existing bicycle parking spaces on-site. Loading Spaces Article 6 Section 4.23 of the Zoning Ordinance states for a building with retail sales, one loading berth is required for the first 8,000 SF to 25,000 SF of floor area, and one additional berth for each additional 25,000 SF of floor area or fraction thereof so used. At 9,100 SF, the proposed building requires at least one (1) loading space to be provided. The Plans show that one (1) such Loading space is being provided to the north of the proposed building, off the drive aisle. V. SITE CONSIDERATIONS Access There are currently two entrances shown onto the Site. There is one (1) Right-in/Right-out entrance off W. North Street, as well as one (1) full-access entrance off of Saulsbury Road. Both entrances provide vehicle access to the drive aisles and overall parking lot which is shown as being a common parking lot between the two retail buildings. Sidewalk There are existing sidewalks along both the Saulsbury Road and W. North Street frontages of the 96

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 6 site. The Site Plans submitted show an existing sidewalk accessing the site at the southeast corner off W. North Street. This sidewalk provides dedicated pedestrian access to the existing convenience store only and does not provide pedestrian access elsewhere on-site. The Plans submitted show a new sidewalk connection off S. Saulsbury Road towards the north end of the site. This sidewalk connects to the sidewalks abutting the new retail building, but again do not provide any pedestrian linkages with other on-site features, including the existing retail building. Additionally, the Zoning Ordinance Article 3, Section 27.63(c)(ii) notes the following with regards to sidewalks in the COZ-1: 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. The dimensions of the sidewalk in between the main Retail Building and the vehicle parking spaces to the south of the proposed building is noted as being 6 feet, and the open space overall is noted as being 16 feet. Neither of the dimensions of the open area or sidewalk to the west of the building (Saulsbury Road frontage) are given, but both appear to be smaller than along the south of the building. Lighting Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 foot-candles at grade. Light shall also be deflected away from adjacent residential areas and shall not be distracting to traffic on adjacent roads. The Plans note existing Light features but does not appear to note any new lighting features. Dumpsters The Zoning Ordinance, Article 5 §6.1 stipulates the regulations regarding the required number of dumpsters and the associated placement and screening requirements thereof. Article 5 §6.11 specifically notes the following: 6.11 Location and screening required. All dumpsters must be located in approved locations on the lot. Dumpsters must be placed on hard, paved, dust-free surfaces and may not be placed in designated parking spaces, fire lanes, or access ways. Outside storage of trash, cardboard, or shipping pallets is prohibited. A dumpster enclosure is required to screen the dumpster from view whenever these units are situated so that they will be visible from any public right-of-way or from an adjacent property. The Zoning Ordinance goes on in Article 5 §6.12 to note that office and retail of less than 50,000 SF requires a minimum of two (2) dumpsters for the first 16,000 square feet of gross building area, and one (1) required for each additional 16,000 square feet of gross building area or fraction thereof. With a proposed gross building floor area of 9,100 SF, this would require a minimum of two (2) dumpsters being provided. The Plans appear to show two (2) dumpsters being provided in an enclosure to the east of the building, and further details provided in the Plans note that the dumpster enclosure is to be built of masonry and gated, though the height is not provided. 97

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 7 Curbing The use of 6-inch upright curbing for parking lots and drive aisles is a requirement stipulated in Article 6 Section 3.6(b) of the Zoning Ordinance. It is unclear as to whether this curb-type is currently being proposed on-site. The only Curb type identified appears to be a 6-inch “Sawtooth” Curb to the north and east of the subject site, near where the proposed stormwater facilities are located. It is noted the previous Site Development Plan Application C-11-05 was approved with a Partial Elimination of Upright-Curbing to allow for stormwater management. VI. BUILDING ARCHITECTURE Conceptual Renderings and Elevation Drawings were submitted for the Retail Facility, depicting the south and west elevations only. These elevations would face south to the adjacent Convenience Store and west towards Saulsbury Road respectively. The building is proposed as a rectangular-shaped structure. The exterior of the two facades shown is composed of a variety of building materials, with a stone watertable at the base. There is a gray, horizontal ship lap siding shown in wall areas further from the main entrance. This main entrance is angled at the southwest corner of the proposed building, covered, and is facing southwest. There are windows depicted along the west façade and part of the south façade, with a darker gray board and batten type vertical siding above. There is a third façade material/surface type shown at what is roughly eye level, that appears in a brown, smooth color but the material type is not noted. The west façade facing Saulsbury Road additionally shows an awning over one of the windows, and some landscaping in the form of lower shrubbery and other plantings. VII. TREE PLANTING AND LANDSCAPE PLAN Tree Planting Article 5 Section 16.62 of the Zoning Ordinance specifies that new tree plantings should be provided at a rate of density no less than one (1) tree per 3,000 SF. There has not been a specific Development area identified in the Plans by the Applicant, but rather the square footage of the site overall is provided on the Landscape Plan in reference to the required Tree Planting. It is noted that the Lot is 158,214 SF overall, which would require a total of fifty-three (53) trees to be planted. To that end, the Landscape Plan gives several figures as to the current number of trees as well as those to be planted. The lowest notes that there are fifty (50) trees already in place on site, and that three (3) more are to be planted, which complies with the required minimum. The Zoning Ordinance, Article 5, Section 16.64 provides a minimum requirement for existing trees in order for them to count towards this tree planting requirement: 16.64 Minimum standards for existing trees. For existing trees to be counted toward the required tree density, the tree shall have a minimum caliper dimension of two inches. No trees over eight inches in caliper dimension shall be removed unless within an area of 30 feet from the proposed building foundation, off-street parking lot, and utility placement. The Plans do not provide details as to the condition of the existing trees, and it is uncertain how many of the existing trees would meet the above requirement to count towards the tree planting requirement. 98

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 8 The COZ-1 further proffers requirements for landscaping, open space, and tree plantings. As noted above, the COZ-1 requires that a minimum of 25% of the property remain as landscaped open space. While the initial Plan submission contained conflicting figures on the percentage of Open Space, the Applicant has submitted a Letter stating it is to be 27%. Along street frontages, the COZ-1 further requires tree plantings at a rate of one (1) for every 50 linear feet of road frontage. There are some conflicting figures given as to the current number of trees which need to be clarified, but there does appear to be tree plantings already in place along both frontages that would meet this requirement. Lastly, the COZ-1 requires tree plantings along non-street frontage property boundaries at a rate of one (1) tree for every 75 linear feet. The Plans submitted note that the east and north property boundaries comprise 793 linear feet in total, requiring eleven (11) total trees. The Plans identify that there are eleven (11) such trees in place and no further ones are proposed. Opaque Barrier The Zoning Ordinance requires a buffer between a residential use and a non-residential use (Article 5 Section 7.2). The buffer has two components: an opaque barrier consisting of a wooden fence, a masonry wall or an earthen berm and a landscape component. The property immediately adjacent to the north and east of the subject site is zoned RG-1 and is the location of the Simon Circle residential development. An Opaque Barrier buffer would therefore be required along the north and east property lines of the parcel. The previous Development Application pertaining to this site (C-11-05) received conditional approval by the Planning Commission in August 2011, including approval of a Waiver Request pertaining to the Fence Component of the Opaque Barrier requirement to allow for a change in material for the opaque barrier component from a wood fence to white vinyl fence. The Site Plan appears to show this fence is still in place along the north and east property lines, and no changes appear to be proposed in conjunction with this Opaque Barrier. It is noted that the landscape component of the Opaque Barrier requirements was previously planted per the conditions of approval for Conditional Use Site Plan C-11-05. Plans submitted indicate that this landscape buffer is still in place and Planning Staff would seek to confirm the status that the plantings still meet Code requirements. VIII. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for Code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Upright Curbing: The Plans submitted note a 6-inch “Sawtooth” Curb being provided to the north and east of the building, adjacent to the proposed Stormwater Management areas. It is unclear whether this curb type is proposed to be utilized elsewhere on-site, but the Applicant has stated verbally that this is to only be implemented along Stormwater Management Areas, with regular 6-inch Upright Curbing implemented elsewhere. Further details on this curb type are required, as 99

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 9 well as clarification of placement to verify. It is noted that this property had previously been approved with a Waiver Request for the Partial Elimination of Upright Curbing for the purpose of Stormwater Management. 2) Note specifically the dimensions (width) of the landscaped area along the Saulsbury Road frontage. Note the proposed distance between tree plantings along the Saulsbury Road frontage. 3) Note the Bulk Standards of the property, listing those of the C-2A Zone per the Zoning Ordinance Article 4, Section 4.14, as well as those per the COZ-1 Overlay Zone as found in Article 3, Section 27. This should be listed as both what is required and what is proposed. 4) Clarify the Tree Planting Calculations, the Landscape Plan notes the existing tree count figure as both (50) trees and (70) trees, and further notes conflicting figures of (3) new trees being proposed, as well as (10) new trees being proposed. Lastly, the Plans note that there is a proposed total of (53) trees, as well as a proposed total of (80) trees. Clarify too the number of trees required, existing, and proposed to meet the COZ-1 requirements. 5) Confirm which trees on-site meet the requirements for “existing trees” per the Zoning Ordinance, Article 5, Section 16.64. 6) Provide the distance between the Retail Building and the drive aisle to the west, as well as the width of the proposed sidewalk along the west façade of the proposed building. Please also note the dimensions of the sidewalk leading from Saulsbury Road onto the site from the west. 7) Ensure that the trees near the underground Stormwater Management System are at least 10 feet from the underground utilities. 8) Ensure compliance with all landscaping provisions of the COZ-1 as stipulated in Article 3 Section 27 of the Zoning Ordinance. This includes the trees along street frontages and property lines. 9) Provide details as to the type of bicycle parking facility proposed. 10) Provide the height of the proposed Dumpster Enclosure. 11) A separate Record Plan sheet is required for the Right-of-Way dedication. 12) Index Sheet (Sheet C-001): a) Please change the Tax Parcel ID Number to read ED-05-067.11-01-43.00-000. b) For Item #10, remove the notation referencing the “maximum” parking permitted, as no such limitation is provided for the C-2A Zone. c) For Item #11, correct “29 proposed” to read instead “28 proposed.” d) For Zoning, note the overlay as “COZ-1 (Corridor Overlay Zone).” e) For the existing vehicle parking space count, note the existing parking space count as 48, further noting that 35 of these are to be retained. f) Clarify the Lot Coverage in both square footage and percentage, and ensure these figures are consistent throughout the Plan. 100

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 10 g) Clarify the note regarding Outdoor Lighting. h) Note if there are any bicycle parking spaces existing. i) Note the Bulk Standards provided with regards to the Corridor Overlay Zone (COZ-1) as required, existing, and proposed. j) Note the bulk standards for the C-2A Zone as required, existing, and proposed. k) Note the tree plantings calculation, including the length of both the Saulsbury Road and W. North Street frontages, and note the total number of trees either existing or proposed for each frontage to meet tree planting requirements. IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Planning Staff finds that the Plans largely demonstrate “Superior Urban Design” sufficient enough to comply with the intent of the Corridor Overlay Zone (COZ-1) as found in Zoning Ordinance, Article 3, Section 27.2 and as referenced in the policy guidance sheet “COZ-1 Superior Urban Design Goals and Policies” (see Attachment). The Applicant has submitted a supplemental Letter noting the ways in which the Plan is meeting or exceeding the requirements of COZ-1 which is attached to this Report. 2) Retail Store – North Elevation: Elevation Drawings were provided for the west and south facing facades of the proposed buildings. However, the Site Plan would suggest that the north façade would at least be in part visible from the Saulsbury Road right-of-way. As such, a rendering of this façade should be provided as well and should demonstrate that this façade. Is showing stylistic cohesion with the building overall and is compensating for the loading space on this north side of the building. 3) Planning Staff encourages this project to include the installation of Electric Vehicle Charging Stations in its parking lot. Currently, the Zoning Ordinance does not require them, but many other jurisdictions have implemented such requirements. Electric Vehicle Charging Stations formats include EV-Capable, EV-Ready, and EV-Installed. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives may be accepted or rejected by the Planning Commission. X. ADVISORY COMMENTS TO THE APPLICANT: 1) If major changes and revisions to the Site Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the building, relocation of site components like stormwater management areas, and increases in floor area count. 101

Item 6. S-22-16 Retail Store at 293 South Saulsbury Road DAC Report of December 7, 2022 Page 11 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. 2) In the event that there are changes to the architecture, building footprint, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 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) Following Planning Commission approval of the Site Development Plan, the Plan must be revised to document all conditions of approval from the Development Advisory Committee or as otherwise noted. This process involves submission of Check Prints in order to achieve Final Plan approval. 5) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 6) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 7) Construction may have an effect on the adjacent roadways, property owners and visitors. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 8) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance Article 5 §4. 9) The applicant shall be aware that Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 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. 102

Item 6. COZ-1 Superior Urban Design Goals and Policies Goal 1: - Creating a Superior Urban Design Define the parameters for meeting the ‘Superior Urban Design’ criteria. Policy 1: - Ensure the creation of an urban environment. To qualify as a ‘Superior Urban Design’, building sites in the Corridor Overlay Zone must meet or exceed the requirements of at least 2 of the provisions established in the ‘Superior Urban Design’ Definition (Policy 2 states these requirements and establishes the criteria for meeting them) as well as providing superior fire protection through the employment of a building sprinkler system. Additionally, applicants must provide a written report which assumes the burden of proof concerning why the site design constitutes a ‘Superior Urban Design’. Recommendation: Applications seeking a ‘Superior Urban Design’ designation must be evaluated by the Planning Office with strict scrutiny. In a manner similar to which other city agencies review applications (e.g. Public Utilities, DelDOT, Department of Parks and Recreation), issues of urban design should be identified as a specialization specific to the Department of Planning. Planning Commission should place an emphasis on the report comments of the Planning Staff when evaluating applications seeking a ‘Superior Urban Design’ designation. Policy 2: - Criteria for meeting the ‘Superior Urban Design’ merit. To qualify as a ‘Superior Urban Design’, applications must meet or exceed the criteria of at least 2 of the following categories. Partial fulfillment of one or more categories will not constitute a qualifying application. A minimum of two criteria must be addressed entirely as per the specifics of the requirements.  Multi-modal Transportation: will be evaluated by the following elements. o Display an emphasis on pedestrian safety o Ensure safe, barrier free pedestrian access o Arrange for public transit stops where available o The potential for the site to reduce car-trips and drive times through providing an attractive, safe, inviting environment for bicyclists and pedestrians. 103

Item 6. o Create interconnections with adjoining sites, if such interconnections have been previously implemented, improve or enhance those interconnections. This requirement is not limited to vehicular traffic; it also pertains to pedestrians, cyclists, and other means of non-vehicular traffic.  Architectural Features: will be evaluated by the following elements. o Unique architecture is specifically encouraged. Commercial establishments should seek to present buildings and facades which improve the character of the area. Buildings should be specifically tailored to the site and general character of the location. o Elements which constitute ‘unique architecture’ include, but are not limited to items such as: entry porticos, colonnades, cornices, porch columns and balusters, band courses, water tables, decorative trimming and signage  Landscaping o A robust use of trees, shrubbery, and flowering plants. Specifically when referring to trees, this requirement seeks trees of at least twice the minimum caliper required by code o Integration of pervious paved material for sidewalks o Tree preservation measures o Water gardens and ponds  Improvements to Public Space o Sidewalk improvements and beautification o Art, including but not limited to sculpture, memorials, and murals o Open space, including but not limited to court yards, pocket parks, and fountains, o Special consideration will be given to buildings which demonstrate unique integration of street elements into their design (e.g. sidewalks which enter and join walkways on site, placement of street furniture on site)  Green Technologies o Use of certified green technologies pertaining to stormwater management. o Geothermal, solar, or other alternative energy supplies. o Implementation of rain gardens, use of rain barrels, or other means of pro- active non-point stormwater runoff management. 9-10-2008 Ann Marie Townshend, AICP Date City Planner 104

Item 6. December 8, 2022 Via Electronic Mail Mr. Julian Swierczek, AICP Planner II City of Dover 15 Loockerman Plaza Dover, DE 19901 Re: Verdantas Project 14859 Application S-22-16 Retail Store at 293 South Saulsbury Road Planning Commission Site Plan Review Comments Dear Mr. Swierczek: Verdantas LLC is in receipt of the City of Dover Planning Office November 30, 2022, comments for the above referenced project and offer an updated design memo based on the December 7, 2022, D.A.C meeting comments. For ease of review, we have repeated your comments followed by our responses in bold italic type. 1. Planning Staff is concerned that the Plans do not demonstrate “Superior Urban Design” sufficient enough to offset the lack of conformity with several provisions of the Corridor Overlay Zone (COZ-1) as found in Zoning Ordinance, Article 3, Section 27.2 and as referenced in the policy guidance sheet “COZ-1 Superior Urban Design Goals and Policies” (see Attachment). Planning Staff awaits further clarification on several items before recommending confirmation of the “Superior Urban Design” designation. Response: We believe that the existing and proposed site development promote “Superior Urban Design” as set forth in policy guidance sheet “COZ-1 Superior Urban Design Goals and Policies” in the following ways: Multi-model Transportation The existing and proposed site provides amenities for bicycles and pedestrians to ensure safe barrier free access for pedestrians, incorporating the existing shared- use path around the site. Two existing DART bus stops are located within 1,200 ft of the existing and proposed site. Each of these bus stop locations are connected to shared-use paths, existing sidewalks, and pedestrian cross paths along Saulsbury Road and West North Street. 1060 South Governors Avenue, Suite 101, Dover, DE 19904 | verdantas.com 105

Item 6. December 8, 2022 Verdantas Project 14859 Architectural Features Enhanced architectural features such as a stone veneer, ship lap with board and batten siding and windows. Exterior will also include landscaping around the west and south side of the building. We’ve also revised the side elevation facing Saulsbury Road to provide a shield wall located next to the loading zone. See attached revised side elevation. Landscaping Landscaping will be provided above the requirements for the site. This will include trees, shrubs, and other landscaping. Green Technologies The existing site uses certified green technologies for stormwater management. The site includes a bioretention area located on the west side along Saulsbury Road and an underground system for canopy and roof runoff. 2. The COZ-1 has a requirement that a minimum of 25% of the lot consists of landscaped open space. The Plan notes that the overall Open Space of the site once fully developed is to only be 22%. Response: After further review of the existing and proposed site development we have determined that the Open Space of the entire site will be 27%. This number is based on the current site conditions after the DelDOT road improvements made to the turn lane located on W North Street to Saulsbury Road. Sincerely, VERDANTAS LLC Shaun M. Condron Project Manager SMC/tm \\Verdantas.com\DFS\Project Files\14000\14859\Correspondence\Exports\City of Dover\2022-12-8 Memo to Planning\14859 Design Memo.docx Attachment 1060 South Governors Avenue, Suite 101, Dover, DE 19904 | verdantas.com 2 106

Item 6. December 8, 2022 Verdantas Project 14859 ATTACHMENT 1060 South Governors Avenue, Suite 101, Dover, DE 19904 | verdantas.com 107

Item 6. 108

Item 6. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOV 30, 2022 APPLICATION: Retail Store at 293 South Saulsbury Road FILE #: S-22-16 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 109

Item 6. Retail Store at 293 South Saulsbury Road File #: S-22-16 November 30, 2022 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 110

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOVEMBER 30, 2022 APPLICATION: Retail Store at 293 South Saulsbury Road FILE #: S-22-16 REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2), 90-gallong recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. 3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District / DNREC is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 111

Item 6. Retail Store at 293 South Saulsbury Road File #: S-22-16 November 30, 2022 Page 2 of 4 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. Please call out that the connection to the water main shall be accomplished with a Powerseal 3490AS tapping sleeve and valve. 8. Water services shall be either type K copper or SDR-9. 9. On October 24, 2022, City of Dover Council approved the new Cross Connection Control Program. This program requires certain backflow prevention assemblies on water service connections to the city’s distribution system. This project will require a double check valve assembly to be installed downstream of the water meter in the building. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner 112

Item 6. Retail Store at 293 South Saulsbury Road File #: S-22-16 November 30, 2022 Page 3 of 4 and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 8. Sanitary sewer laterals shall be connected directly to the main, not manholes, unless impracticable, as determined by the Department of Water & Wastewater. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures on the utility plan sheet to confirm compliance. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STREETS / SANITATION / STORMWATER / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees may be required to be paid prior to Certificate of Occupancy for this project. 113

Item 6. Retail Store at 293 South Saulsbury Road File #: S-22-16 November 30, 2022 Page 4 of 4 WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Wastewater impact fees may be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. STORMWATER 1. None STREETS 1. Please be advised that Rosemary Road is privately owned. If the developer would like to dedicate the street to the city for ownership, the improvements must meet all requirements from the City of Dover. 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 . 114

C F S-22-16 I IItem 6. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: December 7, 2022 D S O H V A E L APPLICATION: Retail Store at 293 South Saulsbury Rd, Dover R FILE #: S-22-16 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is _Business__. 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) Perimeter access shall be __30%_ and clearly shown on the plans. Perimeter Access minimum width shall be10 feet for one-story buildings and 15 feet for buildings of two or more stories, measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5) Where parking is located between the building and perimeter access area, parking shall not be located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall for building of two or more stories. 4. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 115

Item 6. 5. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 6. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 7. Hydrants are to be Darling Co. B-62-B Breakaway https://american-usa.com/products/valves-and- hydrants/fire-hydrants/5-1-4-american-darling-b-62-b-5 8. 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) 9. 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: 116

Item 6. 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, 10. Project to be completed per approved Site Plan. 11. Full building and fire plan review is required. 12. 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. 13. Construction or renovations cannot be started until building plans are approved. 14. 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. 15. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Please show proper perimeter access on the plans 2. If gas meter is to be in place, proper protection required. Please show on the plans. 3. Knox box for after hours fire department access is recommended but not required. 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. 117

Item 6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Retail Store at 293 South Saulsbury Road FILE#: S-22-16 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. The developer should schedule a pre-submittal meeting to discuss the development with DelDOT Subdivisions. 118

KENT CONSERVATION DISTRICT Item 6. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY DECEMBER 2022 APPLICATION: Retail Store at 293 S Saulsbury Road FILE #: S-22-16 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE: (302) 608 – 5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. There is an existing regional stormwater facility but, as the disturbance for this site will exceed 5,000 square feet, a sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed application are due at the time of plan submittal to the District’s office. 2. A pre-application meeting is required. 3. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. The proposed impervious is above the approved impervious and may impact stormwater facilities. 2. The proposed parking footprint is conflicting with the existing bioretention facility. Please delineate and label all existing stormwater facilities in site plan. If stormwater facilities need to be altered, all stormwater calculations and facility design must comply with the most current stormwater regulations. 3. Stormwater facility requires maintenance items to be addressed as part of an approved plan. 4. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 119

Item 6. CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: Organization APPLICATION: Retail Store at 239 South Saulsbury Road FILE #:S-22-16 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The MPO requested the opportunity to bring the recommendations on issues of our concern to the City. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 12/19/2022 Project Review This site is on the property of and adjacent to another retail use, the Royal Farms Convenience Store. It is to the north of the existing store on a site prepared for such a use. It is fully served by transit and continuous sidewalk access. The site appears to have sidewalk access to the store from parking areas. It also appears to provide access around the building and connect the two uses at 2 points. The MPO has no guidance to offer the applicant, but we do want to inform them of MPO/DOT activities that will impact the site. A) The intersection of Saulsbury Road (DE15) and Forrest Ave (DE8) is being reconstructed to allow 2 N/S through lanes and maintain the left turn lanes to go east and west. The construction has begun and is intended to conclude in the Summer of 2023. Construction activity will reach the north entrance to the project suite. The project webpage, with plans is located here B) The entire length of the Saulsbury Road corridor, including the POW/MIA Parkway, McKee Road, and Scarborough Road, is being studied for possible expansion to four lanes. This would provide the additional capacity necessary to accommodate the volume of afternoon traffic, particularly at Route 8, Walker Road, and College Road. The study is ongoing. There will be a second opportunity for public viewing and comment in early 2023. If the applicant has any questions or concerns, please call Jim Galvin at (302) 387-6030. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 120

Item 6. LEGEND: (PROPOSED) FUTURE 1060 S. GOVERNORS AVE, SUITE 101 SITE KEYNOTES: PR. RIGHT-OF-WAY LINE SEE DETAIL SHEETS C-901, C-902 AND C-903 PR. PROPERTY LINE PR. LEASE LINE 1 SITE CONTRACTOR SHALL REFER TO ARCHITECTURAL PR. BENCHMARK DOVER, DE 19904-6920 PLANS FOR THE EXACT DIMENSIONS OF THE BUILDING AND PR. CONCRETE MONUMENT FOCUSED PR. CAPPED REBAR THE LOCATION OF DOORWAYS, UTILITIES, ETC. PR. IRON PIPE GATES TO BE INSTALLED BY BUILDING CONTRACTOR WITH DUMPSTER PR. BUILDING SETBACK LINE TEL. 302.674.9280 2 PR. PAVING SETBACK LINE STRUCTURE. COORDINATE WITH PAVEMENT INSTALLATION. PR. EASEMENT LINE PR. 100 YEAR FLOODPLAIN 3 TRASH ENCLOSURE WITH 18'x12' CONCRETE DUMPSTER APRON PAD PR. FLOOD HAZARD AREA PEOPLE FAX 302.674.1099 PR. WETLANDS PR. WETLAND BUFFER 4 6" REMOVABLE BOLLARD PR. WETLAND POINTS 25' B.S.L. PR. EDGE OF WATER 5 STOP BAR GRAPHIC PR. CENTERLINE OF DITCH 25' BUILDING SETBACK LINE (B.S.L.) CONNECT TO EXISTING CURB PR. WATER RESOURCE PROTECTION AREA 6 DIRECTIONAL SIGNAGE PR. CONTOUR ELEVATION 6A ALL SIGNS SHALL CONFORM TO THE "MANUAL ON UNIFORM TRAFFIC PR. SPOT ELEVATION 84' R76' CONTROL DEVICES" BY THE U.S. DEPARTMENT OF TRANSPORTATION. SAWTOOTH CURBING PR. BUILDINGS 5 6A "STOP" SIGN PR. FENCES 8 26' PR. SIGNS 6B ACCESSIBLE PARKING SIGN - PLACED ON LEFT BOLLARD IN EACH PR. BOLLARDS 40.9' P.E. P.E. #14514 HC SPACE PER PLAN PR. ON-SITE CURB 7 CONCRETE SIDEWALK PR. ON-SITE ASPHALT 15' LOADING ZONE W SCOTT C. HOFFMAN, P.E. SA 8 THE CONTRACTOR SHALL INSTALL NECESSARY TRAFFIC PR. ON-SITE CONCRETE 80.8' 13 2 TO CONTROL, SAFETY BARRICADES, LIGHTING, AND OTHER R2' OT 3 H REQUIRED CONTROL MEASURES TO SECURE THE WORK AREA PR. ON-SITE GRAVEL I FROM EXISTING TRAFFIC AND TO ASSURE PUBLIC SAFETY. RB PR. ON-SITE STRIPING CU 9 STANDARD PARKING STALL AND STRIPING STATE: DELAWARE R4.6' NG PR. RIPRAP 1 10 PAINTED ACCESSIBLE PARKING SYMBOL PR. OFF-SITE CURB 7 RETAIL 6 PR. OFF-SITE ASPHALT 9,100 S.F. 70' 26' 11 GRASS/LANDSCAPE AREA BIKE RACK PR. OFF-SITE CONCRETE FF 48.5 12 TR 13 DETECTABLE WARNING SURFACE RB N PR. OFF-SITE GRAVEL 130' R2' CU SITIO CHK'D BYDESIGNED BY: PR. OFF-SITE SOLID STRIPING CHECKED BY: 9 PROJECT NO. 11 AN DRAWN BY: PR. OFF-SITE BROKEN STRIPING PR. OFF-SITE DASHED STRIPING R20' COMMUNICATION LINE 14859 COMMUNICATION MANHOLE R5' MVH 8' 12 CABLE TELEVISION LINE NLB SCH 7 FIBER OPTIC LINE 16' 8' 26' TELEPHONE LINE 4 TELEPHONE MANHOLE 6B 6B 6A 5 NATURAL GAS LINE DATE 9 20' NATURAL GAS MANHOLE 18 OVERHEAD ELECTRIC LINE 8 ELECTRIC POLE 10 10 R4' UNDERGROUND ELECTRIC LINE R4' ELECTRIC MANHOLE PRELIMINARY LIGHT POLES 8' HVAC UNIT 9' 9' 28' 9' SANITARY SEWER LINE 18.4' SANITARY SEWER MANHOLE SANITARY SEWER FLOW ARROW NOT FOR SANITARY SEWER FORCE MAIN STORM DRAIN LINE REVISION 12 STORM MANHOLE STORM DRAIN FLOW ARROW STORM DRAIN INLET CONSTRUCTION STORM ROOF DRAIN WATER MAIN WATER VALVE FIRE HYDRANT WATER MANHOLE WATER WELL MONITORING WELL 5 7 40' B.S.L. (MIN.) 50' B.S.L. (MAX.) No. 3 8 SITE DEVELOPMENT PLAN CITY OF DOVER ~ KENT COUNTY ~ DELAWARE 293 SOUTH SAULSBURY ROAD RETAIL STORE SITE PLAN 15' B.S.L. HC APPLICATION NO. 2021- DATE: AUGUST 16, 2022 SCALE: 1" = 30' 30' 0 30' 60' SHEET: DRAWING SCALE 1" = 30' C-201 123

Item 6. PLANT LIST - COZ-1 REQUIREMENTS (STREET FRONTAGE) FUTURE 1060 S. GOVERNORS AVE, SUITE 101 Key Quan Botanical Name Common Name Size Root Comments AR 3 Acer rubrum 'Red Sunset' Red Sunset Red Maple 2-2.5" Cal. B&B COZ-1 STREET TREE CC 4 Cercis canadensis Eastern Redbud 6-7' Ht. B&B COZ-1 STREET TREE DOVER, DE 19904-6920 FOCUSED PLANT LIST - ON LOT TEL. 302.674.9280 Key Quan Botanical Name Common Name Size Root Comments ZS 3 Zelkova serrata 'Green Vase' Green Vase Zelkova 2-2.5' Cal. B&B (Lot Area Tree) IV 9 Ilex verticellata Winterberry 2.5-3' Ht. 3 Gal. 5' O.C., Min. 4' Ht. (Bio-Retention Area) SG 23 Spiraea japonica 'Gold Mound' Gold Mound Spirea 2.5-3' Ht. 3 Gal. 3' O.C. (Bldg Facade) FAX 302.674.1099 XLM 181 Liriope Muscari PEOPLE Liriope 1 Gal. 18" O.C. (Ground Cover) IG 15 Ilex Glabra Compact Inkberry 18-24" 2 Gal. Building Facade 25' B.S.L. 25' BUILDING SETBACK LINE (B.S.L.) SAWTOOTH CURBING P.E. P.E. R.L.A. #14514 #194 LOADING ZONE SCOTTG.C.FELLOWS, HOFFMAN, P.E. W SA SITE DATA: JOHN R.L.A. TO OT H 1. TAX PARCEL NO.: 2-05-07611-01-4300-00001 I RB CU 2. SITE ADDRESS: 293 S. SAULSBURY ROAD, DOVER, DE 19901 STATE: DELAWARE NG DELAWARE 3. OWNER: WEST DOVER ROADWAY, LLC RETAIL 6 3304 OLD CAPITOL TRAIL, SUITE 100, WILMINGTON, DE 19808 9,100 S.F. PHONE: 302-283-1800 FF 48.5 4. ZONING: C-2A LIMITED CENTRAL COMMERCIAL, with COZ-1 OVERLAY TR RB N CONDITIONAL USE APPROVAL GRANTED FOR FUEL PUMPS CU SITIO CHK'D BYDESIGNED BY: CHECKED BY: PROJECT NO. AN DRAWN BY: 5. USE OF PROPERTY: EXISTING: FUEL STATION WITH CONVENIENCE STORE PREVIOUSLY APPROVED: FUEL STATION WITH CONVENIENCE STORE AND DRIVE IN BANK PROPOSED: EXISTING CONVENIENCE STORE WITH FUELING STATION AND PROPOSED RETAIL STORE NLB JJL MVH JJL SCH JGF 14859 4 6. AREA OF PROPERTY: 3.6446 ACRES (GROSS) 0.0125 ACRES (R/W DEDICATION DATE 18 3.6321 ACRES (NET) PRELIMINARY LANDSCAPE REQUIREMENTS: · LOT AREA TREE REQUIREMENTS NOT FOR 158,214 SF OF LOT AREA @ 1 TREE /3,000 SF REVISION LOT AREA TREES REQUIRED = 53 12 LOT AREA TREES PROVIDED = 53 (3 PROPOSED, 50 EXISTING) CONSTRUCTION · COZ-1 OVERLAY ZONE TREE REQUIREMENTS 775 LF OF ROAD FRONTAGE @ 1 TREE/50 LF COZ-1 FRONTAGE TREES REQUIRED = 16 COZ-1 FRONTAGE TREES PROVIDED = 16 (7 PROPOSED, 9 EXISTING) 793 LF OF NON-FRONTAGE LOT PERIMETER @ 1 TREE/75 LF 5 7 NON-FRONTAGE LOT PERIMETER TREES REQUIRED = 11 40' B.S.L. (MIN.) 50' B.S.L. (MAX.) NON-FRONTAGE LOT PERIMETER TREES PROVIDED = 11 (0 PROPOSED, 11 EXISTING) No. · MINIMUM LANDSCAPE AREA REQUIREMENTS 157,981 SF OF LOT AREA @ 25% OF LOT AREA REQUIRED FOR LANDSCAPING LANDSCAPING AREA REQUIRED = 39,495 SF LANDSCAPING AREA PROVIDED = 56.393 SF (35.5%) · MINIMUM LANDSCAPE AREA WITHIN PARKING LOT 3 10,530 SF OF PARKING AREA @ 5% OF PARKING AREA REQUIRED FOR LANDSCAPING PARKING LOT LANDSCAPING AREA REQUIRED = 527 SF PARKING LOT LANDSCAPING AREA PROVIDED = 1,220 SF 8 · TOTAL NO. OF EXISTING TREES TO BE PRESERVED = 70 · TOTAL NO. OF PROPOSED TREES = 10 SITE DEVELOPMENT PLAN CITY OF DOVER ~ KENT COUNTY ~ DELAWARE 293 SOUTH SAULSBURY ROAD EXISTING TREES TO REMAIN 70 TREES ARE TO BE PRESERVED AND COUNTED TOWARDS THE FOLLOWING LANDSCAPE REQUIREMENTS: 1. LOT AREA TREES: 50 2. COZ-1 STREET FRONTAGE: 9 3. COZ-1 NON-STREET FRONTAGE: 11 TOTAL: 70 RETAIL STORE LANDSCAPE PLAN LEGEND: 15' B.S.L. EXISTING BUFFER TO REMAIN HC EXISTING PRIVACY FENCE TO REMAIN PROPOSED CANOPY TREE PROPOSED UNDERSTORY TREE PROPOSED SHRUBS PROPOSED GROUND COVER PLANTS LANDSCAPE ARCHITECTS CERTIFICATION APPLICATION NO. 2021- I, JOHN G. FELLOWS, RLA, HEREBY CERTIFY THAT AS A REGISTERED LANDSCAPE ARCHITECT IN THE STATE OF DELAWARE, THAT THE LANDSCAPING INFORMATION DATE: SHOWN HEREON HAS BEEN PREPARED UNDER MY SUPERVISION, AND TO MY BEST KNOWLEDGE AND BELIEF, REPRESENTS GOOD LANDSCAPING PRACTICES. AUGUST 16, 2022 SCALE: __________________________________________________ __________________ 1" = 30' JOHN G. FELLOWS, RLA DATE 30' 0 30' 60' SHEET: DRAWING SCALE 1" = 30' L-101 128

Item 6. SIDE ELEVATION FACING SAULSBURY ROAD FABRIC AWNING SHIP LAP FIBERCEMENT SIDING SYNTHETIC STONE STOREFRONT BOARD AND BATTEN VENEER WINDOW FIBERCEMENT SIDING WEST DOVER DOLLAR GENERAL PROPOSED FRONT ELEVATION 130

Item 6. SIDE ELEVATION FACING ROYAL FARMS SYNTHETIC BOARD AND BATTEN STOREFRONT SHIP LAP FIBERCEMENT SIDING STONE FIBERCEMENT SIDING WINDOW VENEER 25'-2" WEST DOVER DOLLAR GENERAL PROPOSED SIDE ELEVATION 131

Item 7. PETITION TO AMEND TEXT of Dover Zoning Ordinance Report to the Dover Planning Commission December 19, 2022 Proposed Changes: Text Amendments to the following: • Dover Code of Ordinances, Appendix B: Zoning (Zoning Ordinance) o Article 3 – District Regulations, Section 20A – Industrial Park manufacturing zone – Business and Technology Center Zone (IPM2) o Article 12 – Definitions Summary of Amendments: This is a text amendment to the Zoning Ordinance provisions relating to the IPM2 Zone (IPM2). These revisions add a purpose section, clarifies the definition of allowed manufacturing uses, adds the uses of vocational education facility, building contractor’s yard, retail component as an accessory use, indoor recreation, and craft distillery and microbreweries to the Industrial Park Manufacturing Zone – Business and Technology Center (IPM2). Ordinance Number: Proposed Ordinance #2022-21 File Number: MI-22-05 I. Background on Development of Text Amendments The Garrison Oak Business and Technology Center (formerly known as the Garrison Oak Technical Park) was purchased by the city, with funding from the State, in 1999 and zoned as IPM2. This 400-acre site was funded through the State’s FY 2000 Bond Bill in the amount of $2,000,000 to facilitate the site acquisition. The Bond Bill included epilogue language specifying that for at least a period of ten years that the site be used as a “high technology industrial park” targeted to information technology, life sciences, semiconductor fabrication, scientific research and development, and high-tech manufacturing. Its location on White Oak Road with potential access to State Route 1 has been identified by Dover and the State as a “potential location to promote economic activity.” Council adopted the ordinance creating the IPM2 zoning district on August 23, 1999 that put the zoning for the Garrison Oak Business and Technology Center (then known as the Garrison Oak Technical Park) in place. The allowed uses included: • Manufacturing and processing of biotechnology and related products; 132

MI-22-05 Text Amendments: IPM2 Zone DAC Report Summary Item 7. Page 2 of 5 • Research, design, testing and development laboratories; • Offices for corporate support operations for financial services, insurance, and health care industries; and • Agricultural or farm uses. It should be noted that the Garrison Oak Business and Technology Center is the only tract of land in the City of Dover that is zoned IPM2. The Garrison Oak Business and Technology Center was subdivided into lots and infrastructure planned under development application SB-09-06. The IPM2 zoning district was revised by Council on October 12, 2009 (Ordinance #2009-18, MI- 09-14). These revisions added electricity generation as a permitted use and modified the bulk standards by reducing the minimum lot size from 50 to 10 acres with a minimum width and depth of 100 feet. In December 2018, City Council adopted Resolution #2018-12 that modified the name of the Garrison Oak Technical Park facility to “Garrison Oak Business and Technology Center.” (Resolution attached) This Resolution also articulated that the City wanted to expand the purpose and nature of this site “…to reflect current business conditions and the changing marketplace, therefore improving its marketability…” This Resolution was part of a new marketing approach to secure occupants and a strategy linked to the research performed for the Kent Economic Partnership (KEP) that the area is best suited for growth prospects in the logistics, warehousing, and distribution sector. Council adopted the amendments to the IPM2 zoning district (Ordinance #2019-15, MI-19-04) on September 9, 2019, which reflected the intent of Resolution #2018-12 and were identified in the economic assessment research performed for the Kent Economic Partnership. This revision changed the name of the zone to Industrial Park Manufacturing Zone – Business and Technology Center and added warehousing, transshipment, distribution, and logistics support, as well as business and professional services and data management as permitted uses. Proposed New Uses The Commercial Moving Experience Real Estate Company is the Broker of Record (Broker) for the Garrison Oak Business and Technology Park. They have indicated through a letter to the City Manager received on September 20, 2022 that the current IPM2 zoning limits development opportunities due to restricted development opportunities. (Letter attached) Furthermore that some of the potential purchasers uses have been denied due to zoning restrictions. A few of these potential users include: • Educational Facility • Athletic Fields • Self-Storage • Concrete Recycling • Contractor’s Yard In addition, the September 20, 2022 Letter suggests that the City consider some of these uses as Permitted Uses, Permitted Uses with Restrictions, and/or Conditional Uses without requiring a zoning change. 133

MI-22-05 Text Amendments: IPM2 Zone DAC Report Summary Item 7. Page 3 of 5 A follow up letter dated October 7, 2022 was sent that included some suggested text language for the proposed uses described above. It also asked, “to allow for an easy approval process for more modern parking requirements” and to add “printing, publishing, binding, packaging, storage, warehousing, transshipment and distribution, and trucking terminals.” (Letter attached) II. Code Review & Analysis: When this park was created and state tax dollars provided funds to facilitate the site acquisition, it was done so with the provision that the site be used as a high-technology industrial park. The 2018 Resolution and associated 2019 Ordinance modified and expanded that purpose to reflect current business conditions and the changing marketplace by adding the uses of warehousing, transshipment, distribution, and logistics support, as well as business and professional services and data management as permitted uses. Planning Staff believes that any revisions to the IPM2 zoning district need to stay within these parameters. III. Summary of Proposed Text Amendments: Key components of the proposed Text Amendments to the Zoning Ordinance, Article 3 Section 20A – Industrial Park Manufacturing Zone – Business and Technology Center (IPM2) include the following: • Article 3 Section 20A – Add Purpose and Intent section. • Article 3 Section 20A.16 – Add “trucking terminals” to use. • Article 3 Section 20A.17 – Clarification and the addition of accessory uses. • Article 3 Section 20A.19 – The addition of indoor recreation and amusement establishments. • Article 3 Section 20A.2 - The addition of conditional uses to include: - Builder’s contractor’s yard - Vocational education facility - Associated retail uses in conjunction with and accessory to a permitted use - Craft distillery and microbrewery • Article 12 - Add definition of “Vocational education facility “ Text Amendment Review Process Because this is a Text Amendment proposed to the Zoning Ordinance, a Public Hearing and Recommendation by the Planning Commission are required. This review process began when the proposed Ordinance was submitted to City Council for First Reading on November 28, 2022. City Council has referred the Ordinance #2022-22 to Planning Commission for a Public Hearing and consideration on December 19, 2022. Then it is scheduled for Final Reading, Public Hearing and Final Action by Council on January 9, 2023. At the meeting City Council may act to adopt the whole Ordinance, to reject it, to adopt part of the Ordinance, and/or to make other amendments to the proposed text. 134

MI-22-05 Text Amendments: IPM2 Zone DAC Report Summary Item 7. Page 4 of 5 IV. RECOMMENDATION OF PLANNING STAFF: Review and Recommendations: Planning Staff developed the proposed Ordinance for the Text Amendments for the Industrial Park Manufacturing – Business and Technology Center Zone (IPM2) because of consideration of economic development strategies and interaction with developers/property owners. As part of the process outlined in Zoning Ordinance, Article 10 Section 5, the City Planner must evaluate the following factors when preparing a report on the text amendment request: Article 10 § 5.22 City planner report. For each proposed zoning text amendment, the city planner shall issue a report to the planning commission and city council, including comments from other reviewing agencies, that evaluates the following factors: (A) Whether such change is consistent with the aims and principles embodied in the ordinance as to the particular zones concerned; and; (B) Whether proposed amendment is consistent with the aims of the comprehensive plan of the city. The Planning Office is in support of these changes to the permitted uses, accessory uses, and conditional uses in the IPM2 zoning district with the exception of the recommendation for indoor recreation and amusement establishments. This use was added by City Council at the First Reading of the Text Amendment (Ordinance #2022-21) on November 28, 2022; see Line 62 which added 20A.19 Indoor recreation and amusement establishments. As indicated in this above, the purpose and intent of this zoning district is a high technology and business district. Planning Staff believes that any changes to this zoning district should meet this intent and purpose and that the proposed use of indoor recreation and amusement establishments does not meet this threshold. See also Staff’s discussion in Committee Action Form dated November 10, 2022 on this topic. Planning Staff recommends that 20A.19 Indoor recreation and amusement establishments be stricken from the proposed text amendments to the IPM2 zone. The 2019 Comprehensive Plan as part of Chapter 12 – Land Development Plan discusses office parks and industrial land uses as opportunity for the creation of employment centers. See Pages 12-16 through 12-18. This Text Amendment to the IPM2 zone clarifies and broadens the potential uses in the IPM2 while maintaining a focus on industrial activities and technology. Also, 2019 Comprehensive Plan, Chapter 10 – Economic Development highlights the Garrison Oak Business and Technology Center as one of the location ready for industrial, office, and manufacturing uses and the opportunity to bring skilled and professional jobs to the City. See pages 10-4 through 10-7 and the recommendations of Economic Development Goal 5: Actively market the Garrison Oak Business and Technology Center (GOTBC). Additionally, the following advisory items are noted. 1) The Planning Office provided an opportunity to Development Advisory Committee (DAC) members to comment on the proposed Text Amendments at their meetings on November 30 and December 7, 2022. No other Agency which partakes in the DAC process had any significant comment or objection with regards to the proposed Text Amendments to the IPM2 zone. 135

MI-22-05 Text Amendments: IPM2 Zone DAC Report Summary Item 7. Page 5 of 5 2) The Proposed Ordinance is also subject to Legal Review by the City Solicitor which may identify additional clarifications or corrections. 3) The approval of this Text Amendment does not authorize the establishment of the uses on properties with the IPM2 zone. Prior establishment of a use, the appropriate applications for site development activity plan review, Building Permits, and other construction activity Permits, Business and Occupancy Licensing, etc. are required. V PLANNING COMMISSION REVIEW FOR RECOMMENDATION This is a request for a zoning text amendment which revises the text in the Zoning Ordinance. The Planning Commission as part of their public hearing and review process will provide a recommendation on the zoning text amendment 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 § 5.23 Report of the planning commission. Regarding each proposed amendment to the ordinance text, the planning commission shall provide a report to the city council stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: (A) Whether such change is consistent with the aims and principles embodied in the ordinance as to the particular zones concerned; and (B) Whether such proposed amendment is consistent with the aims of the comprehensive plan of the city. A Recommendation Report from the Planning Commission will be forwarded to City Council for their consideration of the Rezoning Application. Attachments: • Development Advisory Committee Agency Comments • Resolution #2018-12 • September 20, 2022 Letter from Commercial Moving Experience Real Estate (Broker) • October 7, 2022 Letter from Commercial Moving Experience Real Estate (Broker) • November 10, 2022 Action Form-Council Committee Meeting of the Whole • Proposed Ordinance #2022-21 136

CITY OF DOVER Item 7. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOVEMBER 30, 2022 APPLICATION: Text Amendment: IPM-2 (Industrial Park and Manufacturing Zone) FILE #: MI-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 / Engineering Services 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 text amendment to the IPM-2 (Industrial Park and Manufacturing Zone). 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 . 137

Item 7. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOV 30, 2022 APPLICATION: Text Amendment: IPM-2 (Industrial Park and Manufacturing Zone) FILE #: MI-22-05 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 SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE , PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY ’ S AUTHORITY AND AREA OF EXPERTISE . T HE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Electric Department has no objections to the proposed text amendment regarding the IPM-2 (Industrial Park and Manufacturing Zone). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. None I F YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS , PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE . 138

C F MI-22-05 Item 7. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: December 7, 2022 D S O H V A E L R APPLICATION: Text Amendment : IPM-20 FILE #: MI-22-05 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Matthew Brown, 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: 1. This office has no objection or comment for this project 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. 139

Item 7. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Text Amendment IPM-2 FILE#: MI-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. DelDOT has no objections to amending the city zoning ordinance. 140

Item 7. ({itp of 1!\ober MA YOR AND COUNCIL COUNCIL RESOLUTION NO. 2018-12 A RESOLUTION PROPOSING TO CHANGE THE NAME OF THE GARRISON OAK TECHNICAL PARK TO GARRISON OAK BUSINESS AND TECHNOLOGY CENTER WHEREAS, the City of Dover acquired the property known as the "Garrison Tract" in 1999 for purposes of creating jobs and providing economic stability, and WHEREAS, the State of Delaware provided funds from the FY 2000 Capital Improvements Act (Bond Bill) in the amount of $2,000,000 to facilitate the site acquisition with the provision that the site be used as a high-technology industrial park, and the site was designated as the "Garrison Oak Technical Park" and marketed as such, and WHEREAS, in accordance with epilogue language for the FY 2000 Bond Bill, a Memorandum of Understanding was executed between the City of Dover, Kent County and the State of Delaware setting forth various commitments regarding the responsibilities of each party. One condition contained in the epilogue language identified the types of business to be targeted, such designation to be in effect until January 1,2010, after which the limitation can be altered by mutual agreement of the City of Dover and the Delaware Economic Development Office (DEDO), and WHEREAS, the City of Dover now desires to expand the purpose and nature of the Garrison Oak Technical Park to reflect current business conditions and the changing marketplace, therefore improving its marketability, and the Delaware Secretary of State has determined that with the elimination of DEDO, no State approval of the name change is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dover hereby directs the Mayor to take necessary actions to cause the name to be changed to Garrison Oak Business and Technology Center and market the Center to prospective businesses in cooperation with the Kent Economic Partnership and the Delaware Prosperity Program. ADOPTED: DECEMBER 10,2018 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2018\DRAFT\Rcsolution No. 2018-12 _ Changing the Name of Garrison Oak Technical Park\RcsolullOll No. 2018-12 - Change the Name of Garrison O:lk Tcchincal Park - FOR SIGNATURE.wpd ~~AVIN COUNCIL PRESIDENT Actions History 12/10/2018 - Introduction - City Council 11114/2018 - Introduction - Economic Development Committee 141 P.O. Box 475·:· Dover, Delaware ·:·19903 Q[ollllllunitp (Excellence ijrIJrounlJ I!l!lualitp ~eruice

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Item 7. ACTION FORM PROCEEDING: Council Committee of the Whole DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: November 10, 2022 PREPARED BY: Mary Ellen Gray, Director of Planning, Inspections and Community Development SUBJECT: Code Revision: Appendix B Zoning, Article 3 Section 20A, Industrial Park Manufacturing Zone – Technology Center (IPM2) REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: EXHIBITS: Ordinance #2022-21 EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: Review of Zoning Text Amendment in accordance with Zoning Ordinance Article 10 Section 5 STAFF RECOMMENDATION: Referral of proposed zoning Text Amendment (Ordinance #2022-21) for First Reading and Public Hearings with Planning Commission and City Council Background of the IPM2 (Industrial Park Manufacturing Zone – Technology Center) and the Garrison Oak Business and Technology Center The Garrison Oak Business and Technology Center (formerly known as the Garrison Oak Technical Park), was purchased by the city, with funding from the State, in 1999 and zoned as IPM2. This 400-acre site was funded through the State’s FY 2000 Bond Bill in the amount of $2,000,000 to facilitate the site acquisition The Bond Bill included epilogue language specifying that for at least a period of ten years that the site be used as a “high technology industrial park” targeted to information technology, life sciences, semiconductor fabrication, scientific research and development, and high-tech manufacturing. Its location on White Oak Road with potential access to State Route 1 has been identified by Dover and the State as a “potential location to promote economic activity.” Council adopted the ordinance creating the IPM2 zoning district on August 23, 1999 that put the zoning for the Garrison Oak Business and Technology Center (then known as the Garrison Oak Technical Park) in place. The allowed uses included: • Manufacturing and processing of biotechnology and related products; • Research, design, testing and development laboratories; • Offices for corporate support operations for financial services, insurance, and health care industries; and • Agricultural or farm uses. It should be noted that the Garrison Oak Business and Technology Center is the only tract of land in the City of Dover that is zoned IPM2. The Garrison Oak Business and Technology Center was subdivided into lots and infrastructure planned under development application SB-09-06. The IPM2 zoning district was revised by Council on October 12, 2009 (Ordinance #2009-18, MI-09-14). These revisions added electricity generation as a permitted use and modified the bulk standards by reducing the minimum lot size from 50 to 10 acres with a minimum width and depth of 100 feet. 145

Item 7. In December 2018, City Council adopted Resolution #2018-12 that modified the name of the Garrison Oak Technical Park facility to “Garrison Oak Business and Technology Center.” (Resolution attached) This Resolution also articulated that the City wanted to expand the purpose and nature of this site “…to reflect current business conditions and the changing marketplace, therefore improving its marketability…” This Resolution was part of a new marketing approach to secure occupants and a strategy linked to the research performed for the Kent Economic Partnership (KEP) that the area is best suited for growth prospects in the logistics, warehousing and distribution sector. Council adopted the amendments to the IPM2 zoning district (Ordinance #2019-15, MI-19-04) on September 9, 2019, which reflected the intent of Resolution #2018-12 and were identified in the economic assessment research performed for the Kent Economic Partnership. This revision changed the name of the zone to Industrial park manufacturing zone – Technology Center and added warehousing, transshipment, distribution, and logistics support, as well as business and professional services and data management as permitted uses. Source Water Protection Overlay Zone (SWPOZ) The eastern portion of this Garrison Oak Business and Technology Center is in a Tier 2 primary wellhead protection area in the Source Water Protection Overlay Zone (see map). The purpose of a Tier 2 area is to safeguard the potable water resources of Dover and Kent County through regulation of land use and development with zones of protection surrounding potable water supply well fields. Since the nearest wellfield is over 1 mile away; the enhanced protection requirements and immediately surrounding the wellhead likely do not apply. However, there are uses prohibited in the SWPOZ per Article 3 Section 29.. Proposed New Uses The Commercial Moving Experience Real Estate Company is the Broker of Record (Broker) for the Garrison Oak Business and Technology Park. They have indicated through a letter to the City Manager received on September 20, 2022, that the current IPM2 zoning limits development opportunities due to restricted development opportunities. (letter attached) Furthermore that some of the potential purchasers uses have been denied due to zoning restrictions. A few of these potential users include: • Educational Facility • Athletic Fields • Self-Storage • Concrete Recycling • Contractor’s Yard In addition, the September 20, 2022 Letter suggests that the City consider some of these uses as Permitted Uses, Permitted Uses with Restrictions, and/or Conditional Uses without requiring a zoning change. A follow up letter dated October 7, 2022 was sent that included some suggested text language for the proposed uses described above. It also asked “to allow for an easy approval process for more modern parking requirements” and to add “printing, publishing, binding, packaging, storage, warehousing, transshipment and distribution, and trucking terminals.” (Letter attached) Staff Recommendation When this park was created and state tax dollars provided funds to facilitate the site acquisition, it was done so with the provision that the site be used as a high-technology industrial park. The 2018 Resolution and associated 2019 Ordinance modified and expanded that purpose to reflect current business conditions and the changing marketplace and added the uses of warehousing, transshipment, distribution, and logistics support, as well as business and professional services and data management as permitted uses. Planning Staff believes that any revisions to the IPM2 zoning district need to stay within these parameters. 146

Item 7. Planning Staff concurs with adding the following suggested uses and recommends them since these uses meet the intent and purpose of this zoning district: • Printing, publishing, binding, and packaging, , • Add trucking terminals to section 20A.16 Warehousing, transshipment and distribution, and logistics support is already an allowed use in IMP2 ; • Building contractor’s yard as a conditional use; and • Vocational education facility. In addition, in reviewing this Code, planning staff thought it would be helpful to suggest some additional revisions to the IPM2 zoning district. Planning staff believes that these changes and additional uses will potentially expand the market potential of this site. These suggested changes include: • Add a purpose section per the suggestion of Councilman Taylor and Councilman Anderson; • Clarify the definition of allowed manufacturing uses; • Add the following uses: o Cafeterias and recreational facilities for the exclusive use of employee as an accessory use; o Retail component that is associated with a business as a conditional use; and o Craft distillery and microbrewery as a conditional usea. Uses Not Recommended Planning Staff does not recommend including Athletic Fields, Indoor Recreation, Self-storage, or Concrete Recycling for this zoning district since these uses do not meet the intent and purpose of this zoning district. Planning Staff recognizes that there is a market for these uses. Below is a list of zoning districts where these uses are currently allowed except for concrete recycling which is not allowed in any district currently. Planning staff recommends that this use be considered as a conditional use in the Manufacturing zoning district in the future. • Athletic Fields - Athletic Fields are currently allowed in Institutional and Office (IO) and Recreational and Commercial (RC) zoning district. Recreational facilities are allowed but limited to locating on thoroughfares, arterial streets or access highways within the Industrial Park Manufacturing (IPM).. • Indoor Recreational Facilities are allowed in Institutional and office zone (IO), Highway commercial (C-4) Recreational and commercial (RC) zoning district and have been allowed by interpretation in the Industrial Park Manufacturing (IPM) zoning district. • Mini-storage facilities are allowed in Service Commercial (C-3), Highway Commercial (C-4), Manufacturing (M), and Industrial Park Manufacturing (IPM) zoning districts. Parking Regarding the parking issue raised by the Broker, planning staff looks forward to working on revising parking requirements in this and other zoning districts in the future. Attachments: • Resolution #2018-12 • September 20, 2022 Letter from Commercial Moving Experience Real Estate (Broker) • October 7, 2022 Letter from Commercial Moving Experience Real Estate (Broker) a Craft distilleries and microbreweries are an allowed conditional use in Smyrna in the Central Business District and Industrial/Office/Research Park District; in Kent County in the Agricultural Districts; Newark in the Central Business District, General Industrial District, Office Research District, General Business Districts; and Milford in Central Business District, Riverfront Development District, Limited Industrial and Business Park District. 147

Item 7. Item #31. City of Dover 1 CITY OF DOVER ORDINANCE #2022-21 2 3 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 4 COUNCIL MET: 5 6 That Appendix B – Zoning, Article 3 Section 20A Industrial Park Manufacturing Zone – Business and 7 Technology Center (IPM2) be amended by inserting the text indicated in bold, blue font and deleting the 8 text indicated in red strikeout as follows: 9 10 APPENDIX B – ZONING 11 12 ARTICLE 3 - DISTRICT REGULATIONS 13 14 Section 20A. Industrial park manufacturing zone – Business and Technology Center (IPM2) 15 16 Sec. 20A.A Purpose and Intent. The industrial park manufacturing zone – Business and 17 Technology Center (IPM2) is established for the following: 18 19 (a) To provide locations for the development of light to moderate industrial manufacturing, 20 warehousing, distribution, logistics, research and technology establishments as well as 21 offices and professional services which could be compatible with residential uses. 22 23 (b)To provide employment opportunities for nonoffensive industries, businesses, and 24 technologies in close proximity to centers of population. 25 26 (c) To include guidelines and performance standards which will control and confine any 27 offensive features such as noise, vibration, heat, smoke, glare, dust, objectionable odors, 28 toxic waste, or unsightly storage. 29 30 Sec. 20A.1. 31 32 20A.1 Uses permitted. No building or premises shall be used and no building or part of a 33 building shall be erected, which is arranged, intended or designed to be used, in whole or in part, 34 for any purpose, except the following, and in accordance with performance standards procedure 35 as set forth in article 5, section 8, and subject to site development plan approval as set forth in 36 article 10, section 2: 37 38 20A.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or 39 any other type of manufacturing, industrial, or technological processing of any goods, materials, 40 products, instruments, appliances, biotechnology, and devices.., provided that the fuel used shall 41 be oil, gas or electricity; together with incidental clinics, cafeterias and recreational facilities for 42 the exclusive use of employees of the concern engaged in such undertaking 148

Proposed Ordinance #2022-21 Proposed Ordinance #2022-21 - Amending Section 20A-Industrial Park Item 7. Manufacturing Zone (IPM2) 2 Item #31. Page 2 43 44 20A.12 Research, design, testing and development laboratories. 45 20A.13 Offices and corporate support operations for business and professional services, data 46 management, financial services, insurance, and health care industries. 47 20A.14 Agricultural or farm uses as defined and permitted in article 3,section 1.11. 48 20A.15 Production of electricity provided that the power source used shall be gas, oil solar or 49 wind. 50 20A.16 Warehousing, transshipment and distribution, and logistics support and trucking 51 terminals. 52 53 20A.17 Printing, publishing, binding, and packaging. 54 55 20A.18 Accessory uses: 56 57 a) On-site offices, clinics, food service facilities, recreation facilities and child day 58 care services collocated within the permitted use and limited to exclusive use 59 by employees, and such other accessory uses and structures clearly incidental 60 to, and customary to and associated with the permitted use. 61 62 20A.19 Indoor recreation and amusement establishments. 63 64 20A.2 Conditional uses: The following uses may be permitted as conditional uses if approved by 65 the planning commission in accordance with the provisions and procedures set forth in article 66 10, section 1 and any specified requirements set forth below: 67 68 20A.21 Building contractor’s yard provided that: 69 70 (a) Outside storage is within a completely enclosed and secure area and 71 appropriately screened from public view and not in any required setback from 72 property lines. 73 (b) 74 75 20A.22 Vocational education facility 76 77 20A.23 Associated retail uses in conjunction with and accessory to a permitted use, 78 provided that the associated retail use does not occupy more than 30 percent of 79 the gross floor area of the building or group of buildings on a lot. Parking shall 80 be provided at a rate of one parking space per 300 square feet of retail space for 81 the exclusive use of retail customers in addition to the bulk parking 82 requirements of this zoning district for a particular use. 83 84 20A.24 Craft distillery and microbrewery provided that: 149

Proposed Ordinance #2022-21 Proposed Ordinance #2022-21 - Amending Section 20A-Industrial Park Item 7. Manufacturing Zone (IPM2) 3 Item #31. Page 3 85 86 (a) All permits and approvals required by the Delaware Alcoholic Beverage 87 Commission are obtained and remain in full force and effect. 88 89 (b) All aspects of the distilling or brewing process are completely confined within a 90 building, including storage of all materials and finished products. 91 92 (c) Such establishment may offer to the public, various activities ancillary to its 93 distilling and/or brewing process, including by way of example: tours of the 94 premises, educational classes, demonstrations, tasting rooms, and retail sales 95 areas limited to the sale of beer, mead, cider, or spirits brewed or distilled on 96 the premises for consumption off-premises and other retail items. 97 98 (d) On-site consumption or tasting associated with a craft distillery or 99 microbrewery establishment shall be permitted. Any area associated with on- 100 site consumption or tasting shall not operate as a stand-alone bar or tavern, 101 shall be located on the premises of the craft distillery or microbrewery 102 establishment, and shall be ancillary to the primary use. "Ancillary" for 103 purposes of this section means subordinate, auxiliary, smaller and less 104 intensive than the primary use. On-site consumption or tasting of alcohol shall 105 be limited to those products brewed or distilled on the premises, except as 106 otherwise permitted by Delaware Law. 107 108 (e) All food sales shall be limited to prepackaged snack items or those food items 109 prepared by a food establishment licensed by the State of Delaware. 110 111 (f) Outdoor seating and gathering areas shall be permitted subject to the following 112 requirements: 113 i. Permanent and temporary outdoor seating and gathering areas shall 114 be subject to building permit application and approval 115 requirements. 116 ii. Outdoor seating and gathering areas and ancillary improvements 117 shall include physical barriers from public rights-of-way and 118 physical and visual barriers from adjoining properties. Physical 119 barriers along public rights-of-way shall restrict access from the 120 public rights-of-way to the outdoor seating and gathering areas and 121 shall not exceed four feet in height. Barriers along adjoining 122 property lines shall create a physical and visual barrier consisting of 123 fencing six feet in height or vegetation at least six feet in height. 124 iii. Maximum occupancy and points of ingress/egress shall be clearly 125 marked. Occupancy of outdoor seating and gathering areas shall not 126 exceed one person per 15 square feet of the outdoor seating and 150

Proposed Ordinance #2022-21 Proposed Ordinance #2022-21 - Amending Section 20A-Industrial Park Item 7. Manufacturing Zone (IPM2) 4 Item #31. Page 4 127 gathering areas identified in the building plans or any other 128 occupancy limit established by the City of Dover. 129 iv. All structures and uses related to outdoor seating and gathering 130 areas and facilities are subject to the Dover Code of Ordinances, 131 Chapter 22 and Chapter 46. 132 v. The occupancy of outdoor seating and gathering areas shall be 133 included when calculating the building requirements and minimum 134 parking standards required by the City of Dover and State of 135 Delaware. 136 vi. Tables, chairs, umbrellas, equipment, games, and any other items 137 provided in connection with outdoor seating and gathering areas 138 shall be maintained in good repair and shall be secured during non- 139 business hours in a safe and orderly manner. 140 vii. Any licensing required by the Delaware Alcoholic Beverage Control 141 Commissioner for outdoor seating and gathering areas shall be 142 obtained. 143 144 20A.23 Uses prohibited. The following uses are specifically prohibited: 145 20A.231 Residences, except those existing at the time of adoption of this amendment. 146 20A.232 Manufacturing uses involving primary production of the following products from 147 raw materials: Asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, 148 ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black and bone black, 149 creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of 150 an explosive nature, potash, and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, 151 nitric, phosphoric, picric, and sulphuric acids; coal, coke, and tar products, including gas 152 manufacturing; explosives, fertilizers, glue, and size (animal); linoleum and oil cloth; 153 matches; paint, varnishes, and turpentine; rubber (natural or synthetic); and soaps, 154 including fat rendering. 155 20A.233 Storage, except that which is incidental to the primary use on the lot. 156 20A.234 The following processes: nitrating of cotton or other materials; magnesium foundry; 157 reduction, refining, smelting, and alloying of metal or metal ores; refining secondary 158 aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, and 159 lubricating oil; distillation of wood or bones; and reduction and processing of wood pulp 160 and fiber, including papermill operations. 161 20A.235 Operations involving stock yards, slaughter houses, and slag piles. 162 20A.236 Storage of explosives, and bulk or wholesale storage of gasoline above the ground. 163 20A.237 Dumps. 151

Proposed Ordinance #2022-21 Proposed Ordinance #2022-21 - Amending Section 20A-Industrial Park Item 7. Manufacturing Zone (IPM2) 5 Item #31. Page 5 164 20A.238 Quarries, stone crushers, screening plants, and storage of quarry screenings, 165 accessory to such uses. 166 20A.239 Junkyards, automobile dismantling plants or storage of used parts of automobiles or 167 other machines or vehicles or of dismantled or junked automobiles. 168 20A.34 Site development plan approval. Site development plan approval, in accordance with 169 article 10, section 2 hereof, shall be required for either conventional individual lot 170 development or planned industrial park development of land zoned IPM2 prior to the issuance 171 of building permits for the erection or enlargement of all structures and prior to the issuance of 172 certificates of occupancy for any change of use. 173 20A.45 Performance standards. All uses are subject to performance standards as set forth in article 174 5, section 8. 175 176 BE IF FURTHER ORDAINED: 177 178 That Appendix B – Zoning, Article 12 – Definitions be amended by inserting the text indicated in bold, 179 blue font in appropriate alphabetical order: 180 181 Vocational education facility: Services or instruction which are geared toward training for a 182 specific occupation or set of skills. 183 184 185 186 187 188 ADOPTED: 189 Proposed Ordinance – Zoning Article 3 Section 20A IPM2 clean version – DEMW edits Nov 21 2022 190 191 192 SYNOPSIS 193 This is a text amendment to the Zoning Ordinance provisions related to the IPM2 zone. These revisions 194 add a purpose section, clarified the definition of allowed manufacturing uses, adds the uses of vocational 195 education facility, building contractor’s yard, retail component as an accessory use and craft distillery 196 and microbreweries to the Industrial Park Manufacturing Zone – Business and Technology Center 197 (IPM2). 198 199 (SPONSORS: COUNCILMAN TAYLOR AND COUNCILMAN ANDERSON) 200 201 202 Actions History: 203 11/28/22 – Scheduled for First Reading 204 11/15/22 - Legislative Finance, and Administration Committee 152