CCW Packet REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, March 28, 2023 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA HAS BEEN REVISED TO INCLUDE SUPPORTING DOCUMENTS FOR AGENDA ITEM #1 CREATION OF AN ECONOMIC AND COMMUNITY DEVELOPMENT FUND. Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/kfchit Event number: 2534 819 0655 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER SAFETY ADVISORY AND TRANSPORTATION COMMITTEE ADOPTION OF THE AGENDA 1. Request for Waivers – Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design Standards, Section A - Streets, Section B – Sidewalks, and Section E - Lots (Plan for Lands of Wyoming LCC at Jefferson Terrace Extended as Ekaman Subdivision): Waiver to create an Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Lot); Waiver for Elimination of Sidewalk Requirement on Monroe Terrace for Residual Lot; and Waiver to allow Increased Percentage of Lots on Cul-de-Sac associated with the Conceptual Subdivision 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - March 28, 2023 PAGE 2 Plan to subdivide property consisting of 4.2311 acres into six (6) Lots. ( Mary Ellen Gray, Planning and Community Development Director) (Property Owner: Wyoming, LLC. Property Address: unaddressed on Jefferson Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Tax Parcel: ED05-077.17-06-02.01-000. Planning Reference: SB-23-01C) (Planning Commission Recommendation: Pending 3/20/2023 Meeting Consideration) 2. Review of the First Steps of the Loockerman Street Changes (Jason Lyon, Water/Wastewater Director) Committee Action Not Required 3. Follow up on the Capital School District Safety Concerns in the Hispanic Community (Council President Sudler) Committee Action Not Required ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Creation of an Economic and Community Development Fund (David Hugg, City Manager) 2. Update on the movement of Conduit Bonds (David Hugg, City Manager) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE 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 2

Item 1. City of Dover CONSIDERATION OF SUBDIVISION WAIVER REQUEST Review by Council Committee of the Whole: Safety Advisory & Transportation Committee on March 28, 2023 Recommendation from Planning Commission Meeting of March 20, 2023 with Staff and Development Advisory Committee Review Plan Title: Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan, SB-23-01C Plan Type: Major Subdivision Plan Applicant/Owners: Wyoming, LLC Property Locations: South of but not adjacent to Wyoming Avenue and west of Monroe Terrace Property Address: unaddressed on Jefferson Terrace extension Tax Parcel: ED-05-077.17-06-02.01-000 Total Area of Parcels: 4.2311 acres +/- Proposed Number of Lots: Six (6) Lot 1: 0.5548 acres+/- (24,171 SF +/-) Lot 2: 0.2983 acres+/- (12,994 SF +/-) Lot 3: 0.5144 acres+/- (22,408 SF +/-) Lot 4: 0.3536 acres+/- (15,402 SF +/-) Stormwater Lot: 0.7781 acres+/- (33,892 SF +/-) Residual: 1.5441 acres +/-(67,260 SF +/-) Present Zoning: R-10 (One Family Residence Zone) Proposed Zoning: R-10 (One Family Residence Zone) Current Use: Undeveloped vacant land including woodland areas Proposed Uses: Residential (one-family detached dwelling units) Subdivision Waiver Requests: • Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) • Increased Percentage of Lots on a Cul-de-Sac • Elimination of Sidewalk Requirement along the Public Right-of-Way Frontage of Monroe Terrace (Residual Lot) P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 3

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 2 Planning Commission Recommendation: The Major Subdivision Plan (Conceptual Subdivision Plan) Application SB-23-01C was represented by the project’s engineering firm, a property ownership representative, and the owner’s lawyer. A Public Hearing was conducted on March 20, 2023 where three members of the public spoke, and two sets of public comments were entered into the record. The Planning Commission moved by a vote of 7-0 to grant conditional approval of the Conceptual Subdivision Plan SB-23-01C and including a recommendation approval of several waivers and denial of one waiver. The Planning Commission recommended approval of the Subdivision Waiver Requests for the following: to allow an Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) and to allow Increased Percentage of Lots on a Cul-de- Sac. The Planning Commission recommended denial of the Waiver Request for the Elimination of the Sidewalk Requirement along the Public Right-of-Way Frontage of Monroe Terrace (Residual Lot). The action of conditional approval was based on Planning Staff recommendations found in the DAC Report and the applicant’s testimony during the meeting. (Draft Meeting Minutes attached.) These Subdivision Waiver Requests is forwarded to the Council Committee of the Whole: Safety Advisory and Transportation Committee and City Council who has the final authority to grant the request. The following is the Development Advisory Committee Report (of March 8, 2023) prepared for SB-23-01C Lands of Wyoming, LCC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan including the application review narrative and Department/Agency Review comments. The Subdivision Waiver Requests is discussed in Section IV, Section V, Section VII, Section IX - Items 1-3, and Section X - Item 2 of the DAC Report. The Planning Commission’s Recommendation can be found at the end of this Report. Application SB-23-01C Lands of Wyoming, LLC at Jefferson terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan I. PLAN SUMMARY This Application is the review of a Conceptual Subdivision Plan to create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater management area lot, and a residual lot for residential use. The proposal includes the extension and addition of a cul-de-sac to the existing street right-of-way of Jefferson Terrace. The property is zoned R-10 (One Family Residence Zone) and is located south of but not adjacent to Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson Terrace extension (also referenced 4

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 3 as 3.8904 acres of Wyoming Avenue Rear). Property Owner: Wyoming, LLC. Tax Parcel: ED- 05-077-17-06-02.01-000. II. PREVIOUS APPLICATIONS The most recent Application for this property was SB-13-06 The Meadow Subdivision at Jefferson Terrace. This Subdivision Plan was proposed to permit the subdivision of land totaling 4.23 acres ± into five (5) parcels for single family detached dwellings with residual land which was to be known as The Meadow (name revised to Jefferson Terrace to avoid replication with another residential subdivision). This Application went to the Planning Commission at their November 2013 meeting and received conditional approval, allowing the Applicant to then submit the Preliminary Subdivision Plan for Review. Following the conditional approval of the Conceptual Subdivision Plan SB-13-06, a required Preliminary Subdivision Plan was submitted for review by the Planning Commission at their February 2014 meeting. However, the Application was postponed by the Planning Commission at the request of the Applicant and did not return for review. The Subdivision Plan was never finalized and has since expired. The Planning Staff administratively reviewed a Minor Lot Line Adjustment Plan (Application MI- 12-10) and granted approval on June 5, 2012 (recorded June 12, 2012). The land south of 324 Wyoming Avenue with frontage on Jefferson Terrace and Monroe Terrace (the current subject parcel) was divided from the parcel that included the existing dwelling at 324 Wyoming Avenue and aligned its rear property line with adjacent residential parcels. III. PROJECT DESCRIPTION – Major Subdivision This Major Subdivision Plan proposes to subdivide the existing lot into six (6) new parcels. The Plan identifies Lots 1-4 as being for residential development. A fifth parcel is mostly interior to the overall subject site, with only a narrow connection to the cul-de-sac to the north, which is to be used for a stormwater management area (details not provided). Lastly, the sixth parcel is noted on the Plan as “Residual,” but it is not clearly identified as to whether this is intended on the Plan as being intended for residential development. Lots 1-4, as well as the interior fifth parcel all have frontage from the cul-de-sac proposed for the Jefferson Terrace Extension (noted on Plans as “Ekaman Way”). The proposed sixth Lot (noted as “Residual” has frontage directly onto Monroe Terrace to the east. This Residual Lot is the southernmost parcel proposed and contains a cross access easement as there is a residential property to the southwest of the subject site that does not have frontage on any public right of way, and therefore is accessed only via a driveway (Mallard Drive) across the subject property, connecting from Monroe Terrace. See Chart below for description of proposed Lots: Site Proposed Lot Size Proposed Use Lot 1 0.5548 acres+/- Residential (24,171 SF +/-) (One-Family Detached Dwelling Unit) Lot 2 0.2983 acres+/- Residential (12,994 SF +/-) (One-Family Detached Dwelling Unit) Lot 3 0.5144 acres+/- Residential (22,408 SF +/-) (One-Family Detached Dwelling Unit) 5

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 4 Lot 4 0.3536 acres+/- Residential (15,402 SF +/-) (One-Family Detached Dwelling Unit) (Parcel 5) 0.7781 acres+/- Stormwater Management Area (33,892 SF +/-) Residual (Parcel 6) 1.5441 acres+/- Unspecified on Plan, but noted as (67,260 SF +/-) residential in other documentation Right-of-way 0.1877 acres+/- Cul-de-Sac as terminus to Jefferson dedication (8,178 SF +/-) Street Extension (Ekaman Way) TOTAL 4.2311 acres +/- As shown above, with the exception of the legal non-conforming frontage existing for the proposed Residual parcel on Monroe Terrace, the Lots proposed appear to be largely compliant with the Zoning and Bulk Standards for the R-10 Zone. Five (5) of the proposed lots (four residential and one for stormwater management area only) have frontage on the proposed Jefferson Terrace Extension, which will also be the main points of access to the properties. The Residual Lot will be utilizing the existing legal non-conforming frontage of the property along Monroe Terrace. It is noted that there is an alley along the western boundary of the subject property, but this is unimproved and is not utilized for any type of access. IV. SUBDIVISION REGULATIONS REVIEW The procedures for subdivision of land are found in the Land Subdivision Regulations, (Dover Code of Ordinances, Appendix A). Planning Staff confirms this application as a Major Subdivision. As such, the Application will require the submission and review of a Conceptual Subdivision Plan by the Planning Commission first, which is this subject Application. For the next step, the Applicant will then be required to submit a Preliminary Layout Subdivision Plan for further Planning Commission review and approval. The last step is submission of a Plat for Final Approval by Planning Staff (and DAC Agencies) and recordation at the Kent County Recorder of Deeds. In order to subdivide the properties, the plan review must ensure that the subdivision does not create any non-conformities with the bulk standards of the Zoning Ordinance. These bulk standards include minimum lot size, front yard setbacks, side yard setbacks, rear yard setbacks, lot coverage, etc. See also discussion below under Zoning Review. V. ZONING REVIEW R-10 (One-Family Residence Zone) The property is zoned R-10 (One-Family Residence Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §1 and Article 4 §4.1. The use as a one-family detached dwelling- unit (single-family home) is a permitted use in the R-10 Zone. The proposed Lots largely comply with the Zoning Bulk Provisions as noted in Article 4 §4.1 of the Zoning Ordinance. The following Table highlights some of the lot design standards for the R-10 Zone: MINIMUM REQUIRED: R-10 ONE FAMILY RESIDENCE ZONE Lot Area 10,000 SF Lot Configuration – width (ft.) 80 ft. Lot Configuration – depth (ft.) 110 ft. 6

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 5 Front yard setback (ft.) 25 ft. Residential zone setback (ft.) 15 ft. Side yard setback (ft.) 20 ft. Rear yard setback (ft.) 30 ft. Off-Street Parking Spaces 2 per dwelling Maximum Permitted: Building Height: Stories 2 ½ stories Feet 35 feet Lot Coverage 30% Since this parcel is zoned R-10, it is subject to the provisions of Zoning Ordinance, Article 5 §1.7 Uniformity of design in all one-family residence zones. These provisions limit construction of buildings that are like or substantially like a neighboring building in order to prevent monotony of architectural design. Waiver Requested: Alternative Lot Configuration and Reduced Frontage on a Public Street Lots 1-4 are to all have sufficient street frontage width directly onto the cul-de-sac proposed as the terminus for the Jefferson Terrace extension. The Stormwater Management Area Lot is to also have frontage onto this cul-de-sac. However, as this lot is to remain undeveloped due to the presence of the Floodplain Hazard Area, there is only to be a 15-foot wide strip providing said direct access. This strip connects the bulk of this Stormwater Management Lot to the cul-de-sac by running between Lots 3 and 4, providing only enough access for maintenance. The Applicant has submitted a Waiver Request (dated February 3, 2023) to allow the reduction of the required minimum street frontage width from 80-feet to 15-feet to accommodate this access, noting that the Kent Conservation District had noted that stormwater management facilities are problematic and unacceptable when located within easements on residential lots. The Planning Commission will make a recommendation on this waiver request and to be forwarded to the appropriate Council Committee and with final action by the Dover City Council. Waiver Requested: Increased Percentage of Lots on Cul-de-sac The Plan depicts five (5) proposed lots or 83% of the proposed six (6) total lots in the subdivision to have frontage on the turnaround section of the proposed Jefferson Terrace cul-de- sac. This proposed lot percentage exceeds the maximum of 20% of the lots in a development allowed to front on the turnaround section of a cul-de-sac. A written waiver request (Letter of February 3, 2023) has been submitted to the Planning Office for consideration. The Planning Commission will make a recommendation on this Waiver Request and to be forwarded to the appropriate Council Committee and with final action by the Dover City Council. VI. STREETS The Subdivision Plan proposes an extension of Jefferson Terrace (noted on the Plans as “Ekaman Way”) as a public street leading to the west from Monroe Terrace. There is existing right-of-way (60 feet wide) for a portion of the street. The extension of Jefferson Terrace is proposed to be 310.2 feet in length before terminating the cul-de-sac. This length of a dead-end street complies with the maximum length permitted (440 feet). The right-of-way for the street will be sixty (60) feet of width. The width of the paved street is not provided, but the width should allow for on- street parking on both sides of the street. Parking would be prohibited within the cul-de-sac. It is 7

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 6 noted that any renaming of streets (i.e., Jefferson Terrace Extension) to “Ekaman Way” is subject to a separate review process. The street extension is required to include upright curbing and sidewalk constructed to the City of Dover Standards. The plan proposes sidewalks along the entire periphery of the Jefferson Terrace extension, though none is shown along the Monroe Terrace frontage (Residual Lot). The type of curbing is not identified. The applicant will need to work with the City’s Department of Public Works regarding the street width design for this extension of Jefferson Terrace including paved width, where on-street parking may be provided, the curbing, and the sidewalk design. VII. SITE CONSIDERATIONS Site Access The property is currently undeveloped. The site abuts the Monroe Terrace along the southern end of the east property line. The terminus of Monroe Terrace provides access to the privately maintained Mallard Drive, which crosses the subject site to provide vehicle access to a residential property to the west. Jefferson Terrace is currently only paved from South Governors Avenue to Monroe Terrace. While the right-of-way thereof continues from Monroe Terrace westward to the subject site, it is unimproved. The Applicant is proposing to construct a westward extension to Jefferson Terrace, and extend it into the subject site, and provide a cul-de-sac for vehicle turn-arounds. To achieve this, the Plans note that the Applicant is to allocate 0.1877 acres+/-(8,178 SF +/-) of the subject site for the purpose of right-of-way dedication to create the cul-de-sac terminus of Jefferson Terrace. The Applicant must coordinate with the Public Works Office, as the extension of Jefferson Terrace will have to be done to City of Dover standards. This is necessary in order to then dedicate the extended road to the City for maintenance. Infill Standards The Zoning Ordinance Article 5, Section 1.12 Infill Standards notes requirements for development for a lot or group of lots in an already developed area. It further specifies: (a) Sidewalks. Standard City of Dover sidewalk, per chapter 98, shall be required to be installed along public street frontage of every infill property by the property owner or developer (b) Landscaping. Infill structures shall be designed to minimize the impact on existing, mature trees when practical. All residential lots shall include landscaping to include plants and shrubs along the portions of the house that front a public street. No form of vegetation shall be planted on a property in a way that blocks more than half of the front façade(s) from public view. (c) Primary facade. All buildings shall include a primary entry along the property's street frontage, and shall also include a porch or other entry feature. As noted by the Applicant, the existing legal non-conforming width of the frontage along Monroe Terrace is 68.65 feet. This is not proposed to change per this Conceptual Subdivision 8

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 7 Plan. From Jefferson Terrace south to the terminus of Monroe Terrace, there are eight (8) other parcels with frontage on Monroe Terrace, seven of which seven (7) are currently developed, containing one-family detached dwelling units (single-family homes). The development of this southern portion of the site noted as “Residual Lot” and containing frontage on Monroe Terrace would therefore be considered an infill lot and should follow the above referenced provisions when developed. Sidewalks There is no existing sidewalk along Monroe Terrace frontage of the existing property. As noted, the right-of-way for Jefferson Terrace extension is unimproved. As such, there is no sidewalk where the proposed Jefferson Terrace Extension (Ekaman Way) is located. The Plan submitted notes a sidewalk is proposed along both the north and south sides of the Jefferson Terrace Extension, as well as the entirety of the cul-de-sac. Waiver Requested: Sidewalk along the Monroe Terrace Frontage No sidewalk is shown as being proposed along the Monroe Terrace frontage of the existing property. The Applicant has submitted a Written Waiver Request seeking relief from the requirement to provide a sidewalk along the Monroe Terrace frontage of the site. The Applicant notes that this section of the property has frontage towards the southern-most end of Monroe Terrace, with the only adjacent property having no sidewalk along its frontage. As such, the Applicant notes that a sidewalk here would not connect to any other sidewalks in the vicinity. Flood Hazard Areas Special Flood Hazard Areas (1% Chance of Annual Flood/ 100-year flood plain) are to remain as natural open space. The southern portion of this tract of land includes a Flood Hazard Area. The Lot proposed and noted as “Stormwater Management Area” is comprised primarily of Flood Hazard Area and is therefore not to be developed. The proposed Residual Lot is also largely subject to the Flood Hazard Area; however, there is a portion of the property near the Monroe Terrace frontage that remains outside of the Flood Hazard Are and may therefore be still partially buildable. The proposed Lots 1-4 appear to be outside the Flood Hazard Area. Wetlands The southern portion of this tract of land also includes areas delineated as wetlands adjacent to a stream that crosses the property. One area is large enough in size to require a setback from the wetland area per the Zoning Ordinance. The setback of 100 feet can be reduced to fifty (50) feet when a riparian buffer is established. The Applicant will have to provide evidence to show that the existing woodland can be recognized as satisfying the riparian buffer requirement. This buffer requirement does not impact the four northern lots proposed for residential development (Lots 1-4); the impacts are to the Residual Lot and Stormwater Management Area Lot. The proposed Lots 1-4 appear to not contain any wetlands. Wet Soils and Basements The Zoning Ordinance, Article 5 §11.23 regarding wet soils limits the building construction when seasonally high-water table is within two and one-half feet of the surface and requires construction subject to conditions to address the prevention of water damage. Subdivision Plans must identify the seasonal high watertable on each lot if basements are proposed. 9

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 8 VIII. TREE AND LANDSCAPE PLANTING The tree preservation, tree planting and landscaping requirements are subject principally to the regulations found in Zoning Ordinance, Article 5 Sections 15 and 16 and are also addressed in other various sections of code related to buffering, screening, and open space. Tree Planting & Preservation Plan The subject site includes areas of existing woodland. The details of the Tree Preservation and Planning Plan will be reviewed in the Preliminary Subdivision Plan application. Tree clearing is limited to a maximum of 50% of the woodland per lot. New tree plantings are required at a rate of one tree per 3,000 SF of non-woodland lot area. Active Recreation Plan The Zoning Ordinance includes requirements for areas of Active Recreation to be provided with the development of residential subdivisions at a land area rate per dwelling unit. There are exceptions to this requirement for residential subdivisions where the property is less than five acres, and less than ten dwelling units are proposed. This requirement is reviewed in the Preliminary Subdivision Plan application process. 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) A written waiver request to allow for an alternative lot configuration and reduced frontage on a public street (for the Stormwater Management Area Lot) has been submitted to the Planning Office for consideration by the Planning Commission with final action by City Council. 2) A written waiver request for increased lot percentage of lots on a cul-de-sac has been submitted to the Planning Office for consideration by the Planning Commission with final action by City Council. 3) A sidewalk must be provided along the Monroe Terrace frontage of the proposed Residual Lot. The Applicant has submitted a Written Waiver Request from the requirement to provide said sidewalk along the Monroe Terrace frontage of the proposed Residual Lot for consideration by the Planning Commission. 4) Confirm proposed use of the Lot marked as “Residual” to the south of the subject site. If it too is intended for residential development, label it consistently with other such Lots (Lot 5). 5) Identify the intended use of the piece of land connecting the Stormwater Management Lot to the newly proposed cul-de-sac. 6) Mark the Alley to the west of the subject site as “unimproved.” 7) Remove reference to the 25-foot wetlands buffer, as this is not part of the City of Dover Code. 10

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 9 8) Identify the Source of the Wetlands Delineation. 9) Corrections to the Data Column: a. Note the Zoning Classification as R-10 (One-Family Residence Zone). b. Note the Zoning Bulk Standards in their entirety. c. Provide the overall area of the subject site in square feet as well as in acres. d. For the proposed use, specify that it is to be “Residential (Single-Family Homes).” 4) Following Preliminary Subdivision Plan approval, the Record Plan Sheet must document and identify any existing and proposed easements for cross access, utilities, drainage, etc. associated with the subdivision of these lots. a. The Final Record Plat submission must include requirements described in Dover Code of Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat and any additional requirements of the Planning Commission. b. The formal Record Plan will need to be recorded upon completion of the approval process with any corrections identified by the reviewing agencies. 5) The applicant will need to work with the Department of Public Works regarding the design of the extension of Jefferson Terrace to the City of Dover Standards for the street, curbing, and sidewalks. X. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted in order to promote and protect the public health, safety, convenience and general welfare; ensure the orderly growth and development of the City, the conservation, protection and proper use of land, and adequate provision for housing, recreation, circulation, utilities and services; and safeguard the City from undue future expenditure for the maintenance of streets and public spaces. 1) This Major Subdivision Conceptual Plan creates six (6) lots out of the existing parcel, with four (4) of the proposed residential lots having direct access on the proposed cul-de-sac, and a fifth residential lot (noted as “Residual Lot”) to have access off Monroe Terrace. The other parcel is to have narrow access to the proposed cul-de-sac yet is not intended for any type of development, but rather to be utilized for stormwater management. The Subdivision Plan generally appears to comply with the Land Subdivision Regulations and bulk standards of the R-10 Zone. 2) Recommendations on Waiver Requests: a) Alternative Lot Configuration and Reduced Frontage on a Public Street: Staff recommends approval of the request to allow for a reduced frontage on a public street for the Stormwater Management Lot. This access to the proposed cul-de-sac is to allow for access to the stormwater management area. The Plans submitted note that no residential development is proposed for this Lot due to the extent of the floodplain area on the property. 11

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 10 a. Provide additional information on the approach to Stormwater Management as clearing of trees should be minimized with the implementation of the stormwater management strategy. b) Increased Percentage of Lots on Cul-de-sac: Staff recommends approval of the request to permit more than 20% of lots in a development to front on the turnaround section of a cul-de-sac. The configuration of the tract of land does not allow for the inter-connection of the proposed street to another existing street in order to avoid the cul-de-sac. c) Sidewalk along the Monroe Terrace frontage: Staff recommends denial of the Waiver Request as submitted by the Applicant from the requirement to provide Sidewalk along the Monroe Terrace frontage of the Site (frontage of the proposed Residual Lot). As noted, the Lot is considered “Infill” and as such would be required to follow the development standards set out for Infill Lots and found in the Zoning Ordinance, Article 5, Section 1.12. It is noted that two (2) of the eight (8) parcels with frontage on Monroe Terrace (south of Jefferson Terrace) have been recently developed and do include sidewalks along their Monroe Terrace frontages. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are offered for consideration by the Planning Commission. XI. ADVISORY COMMENTS TO THE APPLICANT: 1) The waivers are at the discretion of the Planning Commission. However, regarding the partial alternative lot configuration, the percentage of lots on the cul-de-sac, and the elimination of sidewalk (Monroe Terrace frontage) waiver requests, the Planning Commission will provide a recommendation each waiver request. These waiver requests require Safety Advisory and Transportation Committee recommendations and then City Council consideration for final approval or denial. 2) The Conceptual Plan is the first step in the major subdivision process. For this project, the next step is the submission of the Preliminary Subdivision Plan for review. A Pre- Application meeting is required to file the Preliminary Subdivision Plan. 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) In the event, that major changes and revisions to the Conceptual Subdivision Plan occur in the development of the plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other commissions making recommendations in regards to the plan. 5) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required. 6) The applicant shall be aware that Conceptual Subdivision approval does not represent a 12

Item 1. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) Planning Commission Recommendation Report of March 20, 2023 and DAC Report of March 8, 2023 Page 11 Building Permit, Sign Permit and other associated construction activity permits. A separate application process is required for issuance of a Permit from the City of Dover. Findings and Recommendations of the Dover Planning Commission At the Hybrid Planning Commission Meeting on March 20, 2023, the Planning Commission reviewed the proposed Subdivision Waiver Requests as part of its review of the Major Subdivision: Conceptual Subdivision Plan for the Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision). The Application (SB-23-01C) was represented by Kyle Burchard of the application’s engineering firm Mountain Consulting Inc.; Emmanuel Ehize of the property ownership entity Wyoming, LLC; and Mr. Lacy Holly, a lawyer on behalf of Wyoming, LLC. During the Public Hearing, three members of the public spoke, and two sets of Public Comments were entered into the record. The Planning Commission moved by a vote of 7-0 to grant conditional approval of the Conceptual Subdivision Plan SB-23-01C and including a recommendation approval of several waivers and denial of one waiver. The Planning Commission recommended approval of the Subdivision Waiver Requests for the following: to allow an Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) and to allow Increased Percentage of Lots on a Cul-de-Sac. The Planning Commission recommended denial of the Waiver Request for the Elimination of the Sidewalk Requirement along the Public Right-of-Way Frontage of Monroe Terrace (Residual Lot). The action of conditional approval was based on Planning Staff recommendations found in the DAC Report and the applicant’s testimony during the meeting. See also the included excerpt of the DRAFT Meeting Minutes of the March 20, 2023 Planning Commission meeting along with the written public comments received. Attachments: • Development Advisory Committee Comments: Comments from City of Dover Public Works Department and Department of Water & Wastewater, City of Dover Electric Apartment, City Office of the Fire Marshal, DelDOT, and Kent Conservation District • Project Submission Letter of February 3, 2023 • Subdivision Waiver Request Letters of February 3, 2023 • Conceptual Subdivision Plan Sheet • Aerial View Map of SB-23-01 Location • SB-23-01 Public Comments Set 1: Email from Steve LeBoon with attachments • SB-23-01 Public Comments Set 2: Items 2A: Email from jean Taylor, Item 2B: Email from Steve LeBoon, and Item 3: Letter from Mountain Consulting Inc. with itemized response to Public Comments Set 1 • Excerpt of Planning Commission Meeting Minutes of March 20, 2023 13

CITY OF DOVER Item 1. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 1, 2023 APPLICATION: Lands of Wyoming, LLC at Jefferson Terrace Extended – Ekaman Subdivision FILE #: SB-23-01C REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. Our office has no objection to the conceptual subdivision plan. Further requirements will be provided if additional development plans are submitted. TYPICAL CITY AND STATE CODE REQUIREMENTS FOR SUBDIVISION WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. All water mains within the proposed subdivision must be looped. No dead end mains are permitted. The utility plan must incorporate the appropriate termination valves on the water system between construction phases. 4. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. All water mains shall be either cement lined Class 52 cement lined ductile iron pipe or DR 18 PVC pipe. Division valves must be provided every 800 feet. 5. Water service lines shall be shown for each residential lot meeting the following requirements: The water services shall be one- inch (1”) diameter Type K copper tubing or SDR9 pipe, and installed five feet (5’) to the right of the sewer lateral as viewed from 14

Item 1. Lands of Wyoming, LLC at Jefferson Terrace Extended – Ekaman Subdivision SB-23-01C March 1, 2023 Page 2 of 4 the center line of the street. Curb stops shall be installed one foot (1’) outside of the right-of-way for each lot. A water meter and meter pit must be installed on the domestic water service, in a non-traffic bearing location just downstream of the curb stop. 6. Fire hydrants shall be spaced no greater than 600 feet as measured along the curb. Fire hydrants shall be placed between the curb and sidewalk at intersections or centered on lot lines. Fifteen feet (15’) separation must be provided between all hydrants and hydrant valves. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. All sanitary sewer mains shall terminate at manholes between construction phases. This may require sewer lines to extend beyond the proposed phase lines to the next manhole. 4. Minimum slope criteria shall meet Ten States Standards. Provide flow calculations to justify sizing of the sewer mains, showing that velocity requirements are met. Waiver requests must be approved by the Department of Public Works. 5. The desired location for sewer mains is under the centerline of the street. One-tenth of a foot (0.1’) drop must be provided across all manholes. The minimum slope for eight-inch (8”) sanitary sewer pipe is 0.004 feet/feet. Minimum cover is 3.0 feet. 6. Sanitary sewer manholes shall be spaced no more than 400 feet apart. 7. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 8. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 9. Sanitary sewer laterals shall be shown for each residential lot meeting the following requirements: The sewer laterals shall be six-inch (6”) diameter schedule 35 PVC and, where practicable, installed to the center of each lot. Sewer laterals shall be connected directly to the main, not manholes, unless impracticable. Sewer laterals are to be installed one foot (1’) beyond the right-of-way line at a typical depth of three feet (3’), preferably not exceeding five feet (5’). Cleanouts shall be installed one foot (1’) outside of the right-of-way for each lot. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. 3. Submerged pipe inlets to ponds may only be permitted if they are so designed that the permanent pool elevation of the storm water management area doesn’t surcharge back into the City of Dover’s storm drain structures and system. 4. The City of Dover Department of Public Works specifications require all culverts to be designed for the 25-year storm frequency and all storm sewers to be designed for the 10-year storm frequency. The Manning’s equation shall be utilized in design as applicable. Storm sewers are required to provide a minimum full flow velocity of 2 fps. Provide the calculations for each proposed pipe segment that, at a minimum, include: upstream and downstream inverts, upstream and downstream ground elevations, and ground cover provided; pipe slope, length, material, n value, and diameter; design flow, depth and velocity; and full flow and velocity. 15

Item 1. Lands of Wyoming, LLC at Jefferson Terrace Extended – Ekaman Subdivision SB-23-01C March 1, 2023 Page 3 of 4 5. The City of Dover Department of Public Works specifications require that all inlets (catch basins) be designed for the 10-year storm frequency (25-year storm frequency for sump conditions) and that the spread of water shall not exceed eight feet (8’) from the flow line of the curb. The design must also meet the requirement that the hydraulic grade line may be no higher than one foot (1’) below the top of the inlet. Provide the calculations for each proposed catch basin utilizing flows determined by each catch basin’s contributory drainage area, for the appropriate storm frequency. Spread, depth of flow and hydraulic grade line data for each inlet must also be included. Any carryover should also be noted and included at appropriate downstream catch basins as applicable. 6. Provide all stormwater management calculations and erosion and sedimentation control plan as required by Article 5, Section 11.2 and 11.2 of the City of Dover Zoning Ordinance. Ensure that individual lot grading, house locations with finished floor elevations, and driveway locations and grades are provided on the plans in order to verify the adequacy of the design. The provided information should also show adequate conveyance of runoff from each lot. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. 3. It shall be unlawful for any person to alter the curb of any street so as to create a curb depression for the purpose of permitting vehicles to enter onto or exit from the city streets, without a permit issued by the city manager. 4. When determined to be necessary, dead-end streets, designated to be so permanently, shall not be longer than 400 feet and shall be provided at the closed end cul-de-sac with a turnaround having an outside roadway diameter of 80 feet and a street right-of-way diameter of 100 feet. In no instance shall more than 20 percent of the lots in a proposed development front on the turnaround section of a cul-de-sac. 5. Streets shall be laid out so as to intersect as nearly as possible at right angles. The inner right-of-way line of a street intersecting another street at an angle of less than 90 degrees shall be tangent to and follow a curve with a minimum radius of 150 feet centered on the nearest right-of-way line and shall be parallel to said inner right-of-way line. 6. Street right-of-way lines deflecting from each other at any point shall be connected with a curve, the radius of which, for the centerline of the right-of-way, shall not be less than 500 feet on arterial streets, 300 feet on collector streets and 150 feet on minor streets. The outer and inner right-of-way line shall be parallel to said center right-of-way line. 7. Street rights-of-way lines at intersections shall be connected with a curve, the radius of which shall be at least 25 feet. The required radius may be increased by the city engineer if the increased radius is necessary for public safety. 8. Street grades shall not exceed five percent. 9. Street grades shall not be less than one-half percent wherever feasible. SANITATION 1. Every person occupying a residence or duplex and every owner of an apartment 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. 1. Only trees listed as small to medium shall be planted under power lines; and no trees shall be planted within ten feet of any underground water line, sewer line, transmission line or other utility. 2. It shall be unlawful and a nuisance for any person to plant any vegetation in any public right-of-way. Upon receipt of notice from the city to remove any vegetation located in a public right-of-way, the owner of the abutting property shall remove such vegetation at his own expense within the time limit provided in such notice. 3. It shall be unlawful and a nuisance for any person to plant any tree, shrub or bush within 16 feet of the curbline. Upon receipt of notice from the city to remove any tree, shrub or bush which is located within 16 feet of the curbline, the owner of the property upon which such tree, shrub or bush is located shall remove the same at his own expense within the time limit fixed in such notice. 16

Item 1. Lands of Wyoming, LLC at Jefferson Terrace Extended – Ekaman Subdivision SB-23-01C March 1, 2023 Page 4 of 4 GENERAL 1. Add the following note to the plans, “A seven and one half feet (7.5’) wide easement is retained along all side and rear lot lines, to be unoccupied by building, for utilities, drainage and sanitary sewer purposes. Except where lots are divided for any reason whatsoever, said easements shall fall along the actual side and rear lot lines as conveyed. A fifteen feet (15’) wide utility easement is retained along all rear lines of lots abutting the project boundary and other open spaces.” A ten feet (10’) wide utility easement is required along all front yard lot lines for utility installation. When a water, sewer, or storm sewer main is not located in the right of way, it shall be located within five feet (5’) of the center of a twenty feet (20’) wide utility easement. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). 3. 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. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT WATER 1. Water impact fees will be associated with future development of this site. 2. Any future development shall adhere to the City of Dover Water/Wastewater Handbook. 3. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. WASTEWATER 1. Wastewater impact fees will be associated with future development of this site. 2. Any future development shall adhere to the City of Dover Water/Wastewater Handbook. 3. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. STORMWATER / STREETS 1. If this property is developed, future approvals may be required from the Kent Conservation District and DelDOT. 2. Any future development shall adhere to the Specifications, Standards & Procedures for Public Works Construction. GENERAL / SANITATION 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 . 17

Item 1. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MAR 1, 2023 APPLICATION: Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) FILE #: SB-23-01C REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Operations 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. 18

Item 1. Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) File #: SB-23-01C Mar 1, 2023 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 . 19

C F SB-23-01C I I Item 1. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: March 1, 2023 D S O H V A E L APPLICATION: Lands of Wyoming LLC at Jefferson Terrace Extended R FILE #: SB-23-01C REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is a subdivision plan 2. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide 3. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 4. Fire hydrants shall be installed per the requirements of City of Dover Public Utilities Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention Regulations. City Ordinance Sec 46-9 (f). 5.1.1 Hydrant spacing as shown in the Fire Flow Tables shall be used as a general rule. Hydrants shall be located at the direction of the State Fire Marshal so as to minimize friction in fire hose. All hydrant spacing shall be located along available roads or at the direction of the State Fire Marshal. This measurement shall be calculated by way of accessible thoroughfare(s) from the building to be protected to the hydrant and may not necessarily be a radius. 5.1.3 Additional hydrants shall be provided when the State Fire Marshal deems it necessary based on the configuration of the site, 20

Item 1. building(s), exposures, construction, occupancy, and/or specific hazard(s). Fire Flow table 2, hydrant spacing shall be 800 feet on center for one and two family detached dwellings, other residential, rowhouses and townhouses, assembly, health care, business, education, storage, industrial, mercantile, and mini storage. (702, Chapter 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. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. 21

Item 1. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 9. Project to be completed per approved Site Plan. 10. Full building plan review is required. 11. 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. 12. Construction or renovations cannot be started until building plans are approved. 13. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 14. 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) 22

Item 1. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Please ensure the cul-de-sac meets the requirements of the 2021 Delaware State Fire Prevention Regulations as listed above in item # 3 2. Hydrant required in cul-de-sac 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. 23

Item 1. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Wyoming, LLC at Jefferson Terrace Extended FILE#: SB-23-01C REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Johnson PHONE#: 302-760-2141 =============================================================== 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 coordination meeting to discuss the development with DelDOT Subdivisions. 24

KENT CONSERVATION DISTRICT Item 1. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY MARCH 2023 APPLICATION: Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) FILE #: SB-23-01C REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE: (302) 608 – 5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. A Stormwater Assessment Study (SAS) and pre-application meeting are required. 2. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to the District’s office. 3. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, or delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. This plan is located in an area that is to be undermanaged per the Puncheon Run Flood Study to beat the peak run-off generated in the contributing upland drainage area. This area is also under 10% of the total contributing drainage area and is only required to manage the 1-year (RPv) storm event. 2. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 3. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater management area an attractive community amenity. 4. Please clarify the ownership of the stormwater management area for maintenance responsibility. 5. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 25

Item 1. 3 February 2023 City of Dover Planning Commission P.O. Box 475 Dover, DE 19903 RE: Ekaman Subdivision Application (Parcel ID# ED05-077.17-06-02.01) Jefferson Terrace Extension Dear Planning Commission: On behalf of Wyoming LLC, Mountain Consulting, Inc. (MCI) is pleased to submit for major subdivision approval of the Ekaman Subdivision. The proposed 6-lot Ekaman Subdivision consists of: - City right-of-way extension of Jefferson Terrace (subject to City Council approving Ekaman Way name) - Four (4) residential lots conforming to standard zoning (subject to a Cul-De-Sac Waiver) - One (1) stormwater management lot (subject to a SWM Lot Waiver) - One (1) residual lot with existing legal, non-conforming frontage, to be developed as a residential dwelling. Adjacent to the existing dead end stub of Jefferson Terrace are two undeveloped parcels whose frontage will be improved by the proposed road construction: - ED05-077.17-06-13.00 on the north side (A-20 on the subdivision plan) - ED05-077.17-06-10.00 on the south side (A-18 on the subdivision plan) The proposed roadway improvements will extend asphalt paving, cubing, and sidewalks from the existing paved edge of Monroe Terrace, approximately 310 feet to the center of an 80-foot diameter cul-de-sac bulb. Water, sewer, power and communications service lines will be extended with the proposed road improvements. The adjacent land to the west of the proposed subdivision is a residual strip of land 20± feet wide without a City Parcel ID# that may be a former alley that is not maintained or owned by the City. The actual owner of this strip of land is unknown to the Applicant, Engineer and City. The land to the west of this unnumbered strip is the Woodbrook Subdivision. The southwest corner of the proposed subdivision has an unnamed blue line stream channel with adjacent wetlands, and a FEMA Floodplain, Zone AE (FIRM 10001C0169J). There is approximately 2.32 acres of existing woodland canopy within the proposed subdivision covering and extending from the floodplain. Approximately 25% of this canopy is to be cut in areas outside of the mapped floodplain for the proposed subdivision. 103 South Bradford Street, Dover, DE 19904 • Phone: 302-744-9875 • Fax: 866-672-6428 26 www.mountainconsultinginc.net

Item 1. Ekaman Subdivision (Parcel ID# ED05-077.17-06-02.01) Wyomin LLC Page 2 of 2 Stormwater management (SWM) facilities are proposed outside of the floodplain on its own lot as per guidance of Kent Conservation District. A 15’ wide access strip is part of the SWM Lot connecting the proposed cul-de- sac to the SWM facility areas adjacent to the floodplain. The floodplain areas within the subdivision are being placed within a stormwater management easement. At the southwest corner of the proposed subdivision is an existing residential dwelling addressed as 312 Mallard Drive, with an existing paved driveway and culvert for the blue line stream flow. The culvert and most of the existing driveway is within the southern boundary of the subdivision. No easement or right-of-way has been identified for this driveway. A shared access easement is proposed to be placed over the driveway, so that the Residual Lot will share the existing entrance connection off the end of Monroe Terrace. Individual utility service connections to Monroe Terrace will be installed to support the construction of a residential dwelling on the Residual Lot. Please write or call with any questions. I can be reached directly at 302-922-5575 or by email at kburchard@mountainconsulting.com. Thank you for your consideration. Sincerely, MOUNTAIN CONSULTING, INC. Kyle Burchard, P.E. Director of Engineering 27

Item 1. 3 February 2023 Ms. Mary Ellen Gray City of Dover Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: Request to Waive Lot Shape & Frontage for SWM Parcel (Appendix A, Art. VI, Sections E.1 and E.5.) Ekaman Subdivision (Parcel ID# ED05-077.17-06-02.01) Jefferson Terrace Extension Dear Ms. Gray: We are requesting relief from the City of Dover subdivision requirements in the Dover Code of Ordinances Appendix A, Article VI, Sections E.1. and E.5. that pertain to lot dimensions, shape and frontage for only the proposed stormwater management (SWM) lot. The specific relief requested is to allow the proposed SWM lot to have a shape as shown on the plan with a 15± foot wide access and frontage stem of length 127± feet connected to a 110± foot x 285± foot SWM area. Following preliminary meetings with Kent Conservation District (KCD), stormwater management facilities are problematic and unacceptable when located within easements on residential lots, thereby requiring separate lots for stormwater management within subdivisions. The unique shape and constraints of the parent parcel causes the most suitable location for stormwater management facilities to be at the interior of the property, adjacent to the 100-year floodplain, on a lot that is constrained for access. Please write or call with any questions. I can be reached directly at 302-922-5575 or by email at kburchard@mountainconsulting.com. Thank you for your consideration. Sincerely, MOUNTAIN CONSULTING, INC. Kyle Burchard, P.E. Director of Engineering 103 South Bradford Street, Dover, DE 19904 • Phone: 302-744-9875 • Fax: 866-672-6428 28 www.mountainconsultinginc.net

Item 1. 3 February 2023 Ms. Mary Ellen Gray City of Dover Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: Request to Waive Percentage of Lots on Cul-de-sac (Appendix A, Article VI, Section A.15.) Ekaman Subdivision (Parcel ID# ED05-077.17-06-02.01) Jefferson Terrace Extension Dear Ms. Gray: We are requesting relief from the City of Dover subdivision requirements in the Dover Code of Ordinances Appendix A, Article VI, Section A.15. that states, “In no instance shall more than 20 percent of the lots in a proposed development front on the turnaround section of a cul-de-sac.” The specific relief requested is to allow 5 of 6 proposed lots to connect to the cul-de-sac, or 83%. The unique lot shape and constraints of this parcel allows only a dead end cul-de-sac extension of Jefferson Terrace for access to the proposed lots. The proposed residential dwelling lots otherwise comply with zoning yards and setbacks, standard walkways, curbing and signage. The total dead-end road length from the sideline of Monroe Terrace to the center of the cul-de-sac bulb is 310± linear feet, in compliance with the Code. Please write or call with any questions. I can be reached directly at 302-922-5575 or by email at kburchard@mountainconsulting.com. Thank you for your consideration. Sincerely, MOUNTAIN CONSULTING, INC. Kyle Burchard, P.E. Director of Engineering 103 South Bradford Street, Dover, DE 19904 • Phone: 302-744-9875 • Fax: 866-672-6428 29 www.mountainconsultinginc.net

Item 1. LABEL ZONING PARCEL NUBER NOW/FORMERLY DEED REFERENCE A-1 R-10 2-05-076.20-03-09.00-000 JEAN C. TAYLOR D 585-35 A-2 R-10 2-05-076.20-03-10.00-000 STEVEN L. & CASSANDRA A. LEBOON D 8793-120 A-3 R-10 2-05-076.20-03-11.00-000 DANIEL M. BIEKER D 333-298 A-4 R-10 2-05-076.20-03-27.00-000 AIDEN T. ODELL D 12050-259 A-5 R-10 2-05-076.20-03-28.00-000 DURRELL N. DOLPH II D 8699-48 A-6 R-10 2-05-076.20-03-29.00-000 WILFREDO MORALES-MORALES D 9918-183 A-7 R-10 2-05-076.20-03-30.00-000 EVANELLE G. GELDOF H 41-203 A-8 R-10 2-05-076.20-03-53.00-000 THE TRUST OF JOAN M. SCIPLE D 12273-1 A-9 R-10 2-05-077.17-06-02.02-000 JOSEPHINE D. SCHWARTZ D 341-327 A-10 R-10 2-05-077.17-06-03.00-000 JOSEPHINE D. SCHWARTZ U 23-211 A-11 CPO 2-05-086.05-01-01.00-000 WOODBROOK DEVELOPMENT, LLC D 375-235 A-12 R-8 2-05-077.17-06-05.00-000 JACQUELINE CHAMBERS D 11682-54 A-13 R-8 2-05-077.17-06-06.00-000 WAYNE L. MITCHELL D 515-233 A-14 R-8 2-05-077.17-06-07.00-000 RONALD WILLIAM RHODES D 10120-331 A-15 R-8 2-05-077.17-06-10.00-000 RONALD WILLIAM RHODES D 12147-117 THOMAS A. & KENNETH BURKE A-16 R-8 2-05-077.17-06-09.00-000 D 10502-105 FRAIZER A-17 R-8 2-05-077.17-06-13.00-000 FUNCTIONAL PROPERTIES, LLC D 12272-86 A-18 R-8 2-05-077.17-06-11.00-000 FUNCTIONAL PROPERTIES, LLC D 12272-86 A-19 R-10 2-05-077.17-06-01.00-000 LUKE B. & SHANNON M. SILER D 8619-255 A-20 R-10 2-05-077.17-06-14.00-000 CEDRIC CURTIS & JORDIN WILLIAMS D 9835-93 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 WYOMING LLC T-302-744-9875 F-866-672-6428 30

Item 1. Janeka Sunset Wyoming W es Woodsedge t view Jefferson Monroe Governors Westwood ard M all Cres cent Location Map Exhibit SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan Lynnhaven Date Prepared: 03/20/2023 Source: Esri, Maxar,0GeoEye, 45 90 Earthstar 180 Geographics, 270 USDA, USGS, AeroGRID, IGN, and the GIS User Community Ü CNES/Airbus Feet 360 DS, 31

Item 1. SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan Public Comments Received (as of 2:00 pm 3/10/2023) Please see the attached Letters of Objection received by the City of Dover Planning Office regarding Conceptual Subdivision Plan SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan. One (1) Email noting Objection, and One (1) Email noting Objection with an attachment, have been sent to the Planning Office to be presented to the Planning Commission at their March 20, 2023 meeting. Attachments: 1) Email from Steve LeBoon, resident of 1020 S. Westview Terrace noting objection to the proposed Conceptual Subdivision Plan and indicating that there will be another communication with more detail to follow. 2) One (1) Email again from Steve Leboon speaking on behalf of several other area residents again noting Objections. 3) One (1) Attachment (21 pages) submitted with the 2nd Email referencing various Reports and Studies, and including the signatures of other area residents: a. Steve and Cassandra LeBoon at 1025 Westview Terrace, Dover DE 19904 b. Carrah and Aiden Odell at 1103 Westview Terrace, Dover DE 19904 c. Durell Dolph at 1109 Westview Terrace, Dover DE 19904 d. Joan Sciple at 1139 Westview Terrace, Dover DE 19904 e. Dan Bieker at 1033 Westview Terrace, Dover DE 19904 f. Evanelle Geldof at 1131 Westview Terrace, Dover DE 19904 g. Dee Schwartz at 312 Mallard Drive, Dover DE 19904 h. Janet Deiner at 129 Crescent Drive, Dover DE 19904 i. Luke Siler at 330 Wyoming Avenue, Dover DE 32

Item 1. From: LeBoon To: Melson-Williams, Dawn; CompPlan; Hugg, Dave; LeBoon LeBoon; A cassbaby Subject: EXTERNAL: Opposition to SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan Date: Wednesday, March 01, 2023 8:07:29 AM WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, I reside at 1020 5 Westview Terrace, and I am formally submitting an opposition to the proposed application. I will be putting together, along with my fellow neighbors, critical elements of how this application is detrimental to the stability of my home. It also violates state and federal laws, the ecosystem, federal wetlands, and catastrophic flooding in a floodplain that would directly impact my house and my fellow neighbors. I request that you hold off any participation in discussing this application until the next hearing so it allows me and my fellow neighbors to articulate the concerns that we have. These concerns have been addressed many many times in the past with the previous owner of that land. I have cc'd David Hugg and the Mayor so they are included as well. I will be in touch in more detail in the next few days. Thank you, Steve LeBoon 484-716-4567 Reply Forward 33

Item 1. Email sent by Steve LeBoon on Saturday 3/4/2023 – emailed with attachment Hello and good afternoon, We, collectively, hope this email finds you well. Enclosed are the formal concerns and opposition to the below application for your consideration of granting a permit. We collectively and formally ask that any request or application be denied on March 20, 2023 by the Planning Commision due to the extraordinary safety (catastrophic flooding) issues threatening the homes and that would inflict hardships (financially and emotionally) onto the current residents. We collectively ask these concerns be entered into the record for the upcoming March 8, 2023 DAC meeting in preparation for the March 20, 2023 meeting. We formally ask the DAC committee to recommend a full denial for the application as the application violates many City, County, State and Federal regulations and laws. All of the neighbors who signed and present these concerns and formal objections respectfully ask that these statements #1-7 be entered into the record for public comment hearing scheduled for March 20, 2023. Should any questions arise, please do not hesitate to contact us via emails. We have also cc'd the Mayor, The Honorable Hall, Mr. Hugg, Councilman Bill and President Roy as they are fully aware of the extraordinary flooding in our communities. Steve LeBoon cell 484-716-4567 SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan - Review of a Conceptual Subdivision Plan to create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater management area lot, and a residual lot for residential use. The proposal includes the extension and addition of a culde-sac to the existing street right-of-way of Jefferson Terrace. The property is zoned R-10 (One Family Residence Zone) and is located south of but not adjacent to Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Property Owner: Wyoming, LLC. Tax Parcel: ED-05-077-17-06-02.01-000. Council District 2. Subdivision Waiver Requests: Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) and Increased Percentage of Lots on Cul-de-sac. Note: Any renaming of Jefferson Terrace (to Ekaman Way) is subject to a separate review process. This property was previously reviewed in 2013- 2015 as SB-13-06 Jefferson Terrace Subdivision; however, the plan was never finalized. 34

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Item 1. SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan Public Comments Received (as of 2:00pm 3/20/2023) Set 2 Item 2A: Email of 3/11/2023 from Jean Taylor. It references the Email of 3/4/2023 and its attachments (distributed as Public Comment Set 1). Set 1 – Previously distributed on March 10, 2023 in PC Packet Please see the attached Letters of Objection received by the City of Dover Planning Office regarding Conceptual Subdivision Plan SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan. One (1) Email noting Objection, and One (1) Email noting Objection with an attachment, have been sent to the Planning Office to be presented to the Planning Commission at their March 20, 2023 meeting. Attachments: 1) Email from Steve LeBoon, resident of 1020 S. Westview Terrace noting objection to the proposed Conceptual Subdivision Plan and indicating that there will be another communication with more detail to follow. 2) One (1) Email again from Steve Leboon speaking on behalf of several other area residents again noting Objections. 3) One (1) Attachment (21 pages) submitted with the 2 nd Email referencing various Reports and Studies, and including the signatures of other area residents: a. Steve and Cassandra LeBoon at 1025 Westview Terrace, Dover DE 19904 b. Carrah and Aiden Odell at 1103 Westview Terrace, Dover DE 19904 c. Durell Dolph at 1109 Westview Terrace, Dover DE 19904 d. Joan Sciple at 1139 Westview Terrace, Dover DE 19904 e. Dan Bieker at 1033 Westview Terrace, Dover DE 19904 f. Evanelle Geldof at 1131 Westview Terrace, Dover DE 19904 g. Dee Schwartz at 312 Mallard Drive, Dover DE 19904 h. Janet Deiner at 129 Crescent Drive, Dover DE 19904 i. Luke Siler at 330 Wyoming Avenue, Dover DE Item 2B: Email of 3/13/2023 from Steve LeBoon referencing Email of 3/11/2023 from Jean Taylor Item 3: Letter of March 17, 2023 from Mountain Consulting Inc. on behalf of Ekaman Subdivision with itemized response to Public Comment Set 1. 56

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ItemItem 1. 2A From: Jean Taylor To: LeBoon Cc: Melson-Williams, Dawn; CompPlan; Hugg, Dave; Joan Sciple; Sudler, Roy; Hare, William; Jeffrey Hall; Ddolph3@gmail.com; dbieker32@gmail.com; A cassbaby; Dee Schwartz; Janet Deiner; pegg09@verizon.net; silerquest@gmail.com; Carrah LeBoon Subject: EXTERNAL: Re: Formal objections and opposition submitted to DAP & Planning Date: Saturday, March 11, 2023 1:11:04 PM WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Officials of the City of Dover and neighbors of Westview Terrace, I was at a conference at the time this letter/request was submitted and therefore not available to sign it. Please consider this email a confirmation of my agreement with my neighbors on Westview Terrace and others from streets nearby. We purchased this property in 2003; since then we have had to address significant water issues in our basement twice in the past and our battery operated sump pump has saved us from significant financial expenses several times besides. The street in front of our home (Westview Terrace) has had significant water accumulation after storms to the degree that neighborhood teens were able to successfully "surf" in the street (I applaud them for finding joy and purpose in those moments!). Removing the "meadow" in back of our properties, with the ability to absorb much of the rain would be detrimental to the families and homes around the meadow (Westview Terrace, Wyoming Avenue, Crescent Drive, Monroe Terrace, and beyond). This area does not need anymore human-driven stress with additional concrete and 'development' that destroys the permeable meadow. Ideally, this area would be planted with native plants encouraging more absorption of excess water. There is a good reason this parcel has not been developed in the past and should not be developed in the future. Please deny the proposed construction. Warm Regards, Jean Taylor 1017 Westview Terrace Dover, DE 19904 302.242.4811 On Sat, Mar 4, 2023 at 1:45 PM LeBoon <slspiders@gmail.com> wrote: Hello and good afternoon, We, collectively, hope this email finds you well. Enclosed are the formal concerns and opposition to the below application for your consideration of granting a permit. We collectively and formally ask that any request or application be denied on March 20, 2023 by the Planning Commision due to the extraordinary safety (catastrophic flooding) issues threatening the homes and that would inflict hardships (financially and emotionally) onto the current residents. We collectively ask these concerns be entered into the record for the upcoming March 8, 2023 DAC meeting in preparation for the March 20, 2023 meeting. We formally ask the DAC committee to recommend a full denial for the application as the application violates many City, County, State and Federal regulations and laws. All of the neighbors who signed and present these concerns and formal objections respectfully ask that these statements #1-7 be entered into the record for public comment 58

Item 1. hearing scheduled for March 20, 2023. Should any questions arise, please do not hesitate to contact us via emails. We have also cc'd the Mayor, The Honorable Hall, Mr. Hugg, Councilman Bill and President Roy as they are fully aware of the extraordinary flooding in our communities. Steve LeBoon cell 484-716-4567 SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan - Review of a Conceptual Subdivision Plan to create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater management area lot, and a residual lot for residential use. The proposal includes the extension and addition of a culde-sac to the existing street right-of-way of Jefferson Terrace. The property is zoned R- 10 (One Family Residence Zone) and is located south of but not adjacent to Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Property Owner: Wyoming, LLC. Tax Parcel: ED-05-077-17-06-02.01-000. Council District 2. Subdivision Waiver Requests: Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) and Increased Percentage of Lots on Cul-de-sac. Note: Any renaming of Jefferson Terrace (to Ekaman Way) is subject to a separate review process. This property was previously reviewed in 2013-2015 as SB-13-06 Jefferson Terrace Subdivision; however, the plan was never finalized. -- Jean Taylor "A life not lived for others is not a life." Mother Teresa 59

Item Item 1. From: LeBoon 2B To: Jean Taylor Cc: A cassbaby; Carrah LeBoon; Ddolph3@gmail.com; Dee Schwartz; Hare, William; Hugg, Dave; Janet Deiner; Jeffrey Hall; Joan Sciple; Sudler, Roy; Vilmatorres56@yahoo.com; CompPlan; dbieker32@gmail.com; Melson- Williams, Dawn; pegg09@verizon.net; silerquest@gmail.com Subject: EXTERNAL: Re: Formal objections and opposition submitted to DAP & Planning Date: Monday, March 13, 2023 7:54:08 PM WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you very much Jean. Just to let you know, I did speak to Miss. Melson, (Ralph is right she’s a very nice person) twice last week who took the time out of your busy schedule to speak with me for a few minutes. Hopefully, she will update and supplement the record with your correspondence because it is very essential that would be incorporated into the record since you were out of town. The Dac committee should see this correspondence as evidentiary statement of the extraordinary water, flooding issues that we face all the time. On Sat, Mar 11, 2023 at 1:10 PM Jean Taylor <jeant703@gmail.com> wrote: Officials of the City of Dover and neighbors of Westview Terrace, I was at a conference at the time this letter/request was submitted and therefore not available to sign it. Please consider this email a confirmation of my agreement with my neighbors on Westview Terrace and others from streets nearby. We purchased this property in 2003; since then we have had to address significant water issues in our basement twice in the past and our battery operated sump pump has saved us from significant financial expenses several times besides. The street in front of our home (Westview Terrace) has had significant water accumulation after storms to the degree that neighborhood teens were able to successfully "surf" in the street (I applaud them for finding joy and purpose in those moments!). Removing the "meadow" in back of our properties, with the ability to absorb much of the rain would be detrimental to the families and homes around the meadow (Westview Terrace, Wyoming Avenue, Crescent Drive, Monroe Terrace, and beyond). This area does not need anymore human-driven stress with additional concrete and 'development' that destroys the permeable meadow. Ideally, this area would be planted with native plants encouraging more absorption of excess water. There is a good reason this parcel has not been developed in the past and should not be developed in the future. Please deny the proposed construction. Warm Regards, Jean Taylor 1017 Westview Terrace Dover, DE 19904 302.242.4811 60

Item 1. On Sat, Mar 4, 2023 at 1:45 PM LeBoon <slspiders@gmail.com> wrote: Hello and good afternoon, We, collectively, hope this email finds you well. Enclosed are the formal concerns and opposition to the below application for your consideration of granting a permit. We collectively and formally ask that any request or application be denied on March 20, 2023 by the Planning Commision due to the extraordinary safety (catastrophic flooding) issues threatening the homes and that would inflict hardships (financially and emotionally) onto the current residents. We collectively ask these concerns be entered into the record for the upcoming March 8, 2023 DAC meeting in preparation for the March 20, 2023 meeting. We formally ask the DAC committee to recommend a full denial for the application as the application violates many City, County, State and Federal regulations and laws. All of the neighbors who signed and present these concerns and formal objections respectfully ask that these statements #1-7 be entered into the record for public comment hearing scheduled for March 20, 2023. Should any questions arise, please do not hesitate to contact us via emails. We have also cc'd the Mayor, The Honorable Hall, Mr. Hugg, Councilman Bill and President Roy as they are fully aware of the extraordinary flooding in our communities. Steve LeBoon cell 484-716-4567 SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan - Review of a Conceptual Subdivision Plan to create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater management area lot, and a residual lot for residential use. The proposal includes the extension and addition of a culde-sac to the existing street right-of-way of Jefferson Terrace. The property is zoned R-10 (One Family Residence Zone) and is located south of but not adjacent to Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Property Owner: Wyoming, LLC. Tax Parcel: ED-05-077-17-06-02.01- 000. Council District 2. Subdivision Waiver Requests: Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) and Increased Percentage of Lots on Cul-de-sac. Note: Any renaming of Jefferson Terrace (to Ekaman Way) is subject to a separate review process. This property was previously reviewed in 2013-2015 as SB-13-06 Jefferson Terrace Subdivision; however, the plan was never finalized. 61

Item 3 Item 1. 17 March 2023 City of Dover Planning Commission P.O. Box 475 Dover, DE 19903 RE: Ekaman Subdivision Application (Parcel ID# ED05-077.17-06-02.01) Jefferson Terrace Extension Dear Planning Commission: We are in receipt of Public Comments dated 3/10/2023 received attached to the DAC comments of the same date. On behalf of Wyoming LLC, Mountain Consulting, Inc. (MCI) would like to clarify the applicability of the cited regulations and address herein the seven (7) items of concern, and two (2) exhibits contained within those Public Comments, for the public record. Item #1: Obstruction of Flow in the Stream (Kent County, DE Drainage Standards 116-5) The proposed subdivision infrastructure and improvements do not propose any work within the 100-year FEMA floodplain, nor within the 100’ blueline stream setback. The existing watercourse will flow as it currently does after the subdivision is constructed. There is no violation of DE Drainage Standards 116-5. Item #2: Delaware Erosion & Sediment Controls The existing 100-year FEMA floodplain and blueline stream buffers on the property are quite dense and will not be touched, so will retain all of their existing capacities for natural infiltration and stable, non-erosive slopes. The upland areas to be developed will have all required erosion and sediment controls, and appropriate stormwater controls with stable discharges in accordance with DNREC regulations, under KCD permit approval prior to any land disturbance activities. No erosion and sediment control deficiencies will be permitted. Item #3: Economic Impacts of Sediment The full erosion and sediment controls for the subdivision that are to be approved by KCD in accordance with DNREC regulations shall be installed prior to any land disturbance activities and shall be maintained throughout construction. These erosion control standards have been codified and required precisely to address and mitigate the economic impacts of sediment. The subdivision design will protect the interests of adjacent and downstream properties according to the applicable regulations for stormwater management and erosion and sediment control. Item #4: Floodplain Requirements Only a portion of the property is covered by a 100-year FEMA floodplain, and none of those areas are being built upon or touched. Drainage engineering design will be completed in accordance with DNREC/KCD requirements, constructed according to plan, inspected and certified to be built according to approved engineering plans. 103 South Bradford Street, Dover, DE 19904 • Phone: 302-744-9875 • Fax: 866-672-6428 62 www.mountainconsultinginc.net

Item 1. Ekaman Subdivision (Parcel ID# ED05-077.17-06-02.01) Wyoming LLC Page 2 of 2 Item #5: Wetlands DNREC 2017 Existing wetlands on the property exist only within the 100-year FEMA floodplain and blueline stream buffers, which are not being disturbed by the proposed subdivision. The proposed subdivision complies with all local, state and federal regulations to protect wetland resources. Item #6: CHAPTER 75. Delaware Land Protection Act The proposed subdivision is placing a SWM Easement around the floodplain as required in the City Code, thereby protecting the existing natural resources and all applicable interests associated with the Delaware Land Protection Act. Item #7: Suitability of Land Per Kent County Land Subdivision Ordinance The subdivision layout before the Commission does show subdivision occurring within the 100-year FEMA floodplain, but such areas are either a parcel dedicated entirely to stormwater management purposes with no residential development allowed, or lands covered by a prohibitive stormwater management easement that prohibits the placement of residential dwellings. No applicable subdivision regulations are being contravened. EXHIBIT A The Public Comments received also offer speculation on prior applications on this land that did not move forward, and we have no basis to assess or address any of that speculation. We do not have any prior applications. This is a new application that stands on its own merits, under a new Applicant, according to current regulations. EXHIBIT B The Public Comments included a few Kent County GIS maps of the subdivision parent parcel and surrounding areas depicting floodplains and wetlands, which are accurate to the best of our knowledge, depicted on the subdivision plans that have been submitted, and are undisputed. The proposed land disturbances for this major subdivision development occur outside of all wetlands, stream channels, floodplains and protective buffers. We respectfully request that the Commission acknowledge the Public Comments as a community concerned about ensuring that only responsible development occurs on adjacent properties, and accept the clarifications provided herein as addressing those concerns. Please write or call with any questions. I can be reached directly at 302-922-5575 or by email at kburchard@mountainconsulting.com. Thank you for your consideration. Sincerely, MOUNTAIN CONSULTING, INC. Kyle Burchard, P.E. Director of Engineering 63

Item 1. CITY OF DOVER PLANNING COMMISSION March 20, 2023 Excerpt from Meeting Minutes – Draft The Meeting of the City of Dover Planning Commission was held on Monday, March 20, 2023 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, Mrs. Malone (virtual), Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs. Welsh (virtual), and Mrs. Maucher. Mrs. Denney was absent. Staff members present were Mrs. Mary Ellen Gray, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Ms. Katherine Oehmke, Mr. Jason Lyon (virtual) and Mrs. Kristen Mullaney. Also present for this application were Mr. Kyle Burchard, Mr. Emmanuel Ehize (virtual), and Mr. Lacy Holly (virtual). Speaking from the public on this application were Ms. Jean Taylor, Mr. Steve LeBoon, Ms. Cassandra LeBoon, and public comments received in writin. NEW APPLICATION SB-23-01C – Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan - Public Hearing and Review of a Conceptual Subdivision Plan to create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater management area lot, and a residual lot for residential use. The proposal includes the extension and addition of a cul-de-sac to the existing street right-of-way of Jefferson Terrace. The property is zoned R-10 (One Family Residence Zone) and is located south of but not adjacent to Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Property Owner: Wyoming, LLC. Tax Parcel: ED-05-077-17-06-02.01-000. Council District 2. Subdivision Waiver Requests: Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot); Increased Percentage of Lots on Cul-de-sac; and Elimination of Sidewalk on Monroe Terrace Frontage of Residual Lot. Note: Any renaming of Jefferson Terrace (to Ekaman Way) is subject to a separate review process. Representatives: Mr. Kyle Burchard, Mountain Consulting; Mr. Emmanuel Ehize, representative of Wyoming, LLC; Mr. Lacy Holly, attorney representative of Wyoming, LLC. Mr. Swierczek stated that this is a Major Subdivision Application that is slightly different than the more typical Minor Subdivision Application, primarily because there is not a roadway currently present. Part of the Application is to propose the extension of Jefferson Terrace. What the applicant is proposing that is making this a Major Subdivision Application is that it would extend Jefferson Terrace further to the west. There would be six lots in total that would be proposed with the Subdivision. Lots 1-4 have access currently on what would become a new cul- de-sac known as Jefferson Terrace Extension. The fifth lot would be towards the south of the property and would utilize existing frontage on Monroe Terrace and then a sixth lot which is sort of centrally located to the property would not be for development as that would for stormwater management. This Application is a Conceptual Plan for a Major Subdivision Review. The first stage would be a conceptual one and the second would be that they would return for a more Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 1 of 9 64

Item 1. formal Preliminary Subdivision Plan. This is not in itself proposing a development, this is for the road and the subdivision of the lots themselves. He will note that present on the property you will see floodplain and wetland areas. The Code stipulates that development in wetland areas and floodplain areas is not permitted and there are additionally setback requirements for construction of new development from wetland areas and named water bodies as well that will apply to any physical development on these properties. The applicant has submitted with their application Waivers. One is for an alternate lot configuration that reduces frontage on a public street. There are technically five lots that are immediately accessing that end of the cul-de-sac. There is a fifteen-foot-wide strip of the more centrally located Stormwater Management Lot to access from the cul-de-sac. It is really to access the stormwater management area. The second one is an increased percentage of lots on cul-de-sac. Because of the sort of unique form or layout of the existing property, the four parcels that are meant for development to the north would all have to access the cul-de-sac that is proposed as well as that fifth Stormwater Management Lot and then that sixth Residual Parcel would be utilizing that existing frontage on Monroe Terrace. Finally, the applicant has submitted a Waiver Request from the requirement to provide sidewalk along the public right of way frontage of Monroe Terrace. That would be the southernmost part of the existing Monroe Terrace shown at the bottom part of the plan. Planning Staff will note that generally speaking, the infill standards per the Code would apply for development on lots in already developed areas. Such standards would require the implementation of sidewalks and there are several other houses on Monroe Terrace that have provided sidewalks. However, it is not consistent throughout, but Planning Staff would recommend that they do implement the sidewalk on that frontage. Mr. Burchard stated that everything that Mr. Swierczek mentioned is the substance of their application. They received a number of public comments to which they drafted a response letter which is in the packet tonight on concerns about the flood plain, the stream channel, the wetlands and the buffers, and erosion and sediment control. They have taken a shot at describing what the requirements are to address those matters. They are applying all the standards that are required from DNREC in order to make a plan that is adequately addressing those issues. Their counselor just mentioned this evening that there is some concern that he hadn’t heard before about fallen trees that may or may not be obstructing the channel of stream itself. So, they will certainly be addressing these in the Preliminary Subdivision Plan that would come next. Mr. Hartman stated with the channel that is designated to wetlands is that where you are talking about the fallen trees? Responding to Mr. Hartman, Mr. Burchard stated that it was just brought up to him this evening. He thinks that the channel itself and maybe some of the other woodland areas were of concern. He didn’t get specifically what he had heard. Mr. Hartman asked who would be responsible for maintaining that channel after the development is built? Would it be the property owners of the development or the City? Responding to Mr. Hartman, Mr. Burchard stated that he doesn’t know that there is a maintenance schedule established for a natural stream channel. Mrs. Melson-Williams stated that they have (online attending virtually) the property owner, Mr. Emmanuel Ehize and also his lawyer representative, Mr. Lacy Holly. She isn’t sure if they would like to make any comments before we get too deep into Planning Commissioner’s questions. Mr. Holly stated that that he thinks it’s important to note that the City’s data sheet suggests that a Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 2 of 9 65

Item 1. very similar Conceptual Subdivision was previously conditionally approved. That owner did not follow through and so the conditional approval expired. He would also like to note that the City’s data sheet suggests that with this subdivision that the four lots are largely compliant with the zoning and bulk standards. Also, to highlight, the data sheet suggests that of the four variances (waivers) sought of the Planning Commission appears to recommend three of those four. They ask that the Planning Commission decide this on the merits of the law and the land use regulations of the City of Dover. The applicant is appreciative and mindful that there is quite a bit of comment, concerns and objections of nearby neighbors. That is why the applicant made careful effort and spent significant money to have their engineer be prepared to address all seven of their concerns and that they believe that after considerations of the objections and concerns that the discussion by Mountain Consulting through Mr. Kyle Burchard, will show that there are no violations of the City of Dover regulations and any other alleged violations are not even appropriate of this particular proposal with the exception of the four variances (waivers) requested. He would suggest that time be yielded back to Mr. Burchard to go over all seven of the objections on the record. He encourages the Planning Commission to approve the Conceptual Plan. Mr. Burchard stated that he would briefly go through the concerns raised by the neighbors. There were seven of them and then there were a pair of exhibits. The first was a concern about an obstruction of stream flow which may be wrapped up in the counselor’s notification in the hearing tonight but there is nothing that is proposed in the Subdivision that would create obstruction to the flow in the existing blue line stream that is on property. Item #2 is about compliance with Delaware Erosion and Sediment Control Standards. There is to be a complete review and approval by Kent Conservation District; so, there will not be any deficiencies in the construction and post construction erosion control systems. Item #3 is very similar to Item #2, illustrating in the front matter of the Erosion Sediment Control Handbook about the economic impacts of sediment washing into streams and getting downstream. Again, there will be full compliance with DNREC under KCD review. Item #4 was about meeting floodplain requirements. Since there is no touching of the flood zone that is mapped on the property, it really doesn’t apply. There are no additional flood plain requirements for the project. Item #5 relates to wetlands and being that they are not proposing any disturbance to any of the wetlands on the property, they are essentially in compliance with all the regulations that are applicable there. The Delaware Land Protection Act (Chapter 75) talks about protecting those resources. In the City Code, there is a requirement to have a stormwater management easement around the flood plain which is proposed; so, they are compliant with that as well. Item #7 is cited in the Kent County Land Subdivision Ordinance about the suitability of land. The layout is not proposing to subdivide buildable land within the floodplain. He is not sure that it’s applicable in the City anyway, but we are not violating that anyway. Exhibit A and part of the nature of the letter was concerns about the previous applications and why they did not go forward. He does not have any background in that former application, and he has not seen it. Exhibit B has several mappings which are reflected in their plans of all the flood plain, the stream channel and the wetlands so they are addressing all of that. At this conceptual stage, they just want to clear the air and make sure that everybody understands that they are not into all of the environmental areas that would cause a concern and that would result in flooding on these neighboring properties. Most of the properties are upstream of this property to begin with. He would just like to put it before the Commission that they had to comply with a lot of other regulations in order to get the overall approvals to be able to move forward into construction. Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 3 of 9 66

Item 1. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wanted to enter into the record the public comments that we have received. The first set (Set 1) were public comments that were received as of March 10, 2023 and that was an email and subsequent attachments received from Mr. Steve LeBoon. That is the 7 item letter and that included some signatures of other area residents located along Westview Terrace, Mallard Drive and Crescent Drive which are nearby streets to the west and south of this application. A number of those people have stuck it out online with us tonight. The second set of public comments were additional comments received in the last week and as of 2PM today and they are calling it Set 2. That was distributed by email to the Commission members and also provided on their desks this evening. The first item is Item 2A; an email dated March 11, 2023 from Ms. Jean Taylor. It does reference the previous email that Mr. LeBoon sent and notes her concerns about this proposed subdivision and its affects on neighbors. Item 2B is an email from March 13, 2023 from Mr. Steve LeBoon referencing that email from March 11, 2023 from Ms. Taylor. Item 3 is the March 17, 2023 letter from Mountain Consulting on behalf of the Ekaman Subdivision that gave that itemized response to that public comment Set #1 and that was just reviewed by the project engineer, Mr. Burchard. Ms. Jean Taylor – 1017 Westview Terrace Dover, DE 19904 Ms. Taylor stated that if it ever rains in the next couple of weeks, please take a drive through their neighborhood. She is not sure what’s happened over the years. They have been there for 20 years and increasingly, the water rises in the streets and the sewer don’t seem to be managing things well. She is not sure if it’s the runoff ponds and streams in our areas but it’s bad enough that they seriously have had teenagers water surfing well on their streets during significant storms. She is seeing Lots 1-4 on the diagram shown on the screen, but she heard you say that 6 is the area of wetlands but you mentioned a Lot 5. For the life of her, she can’t find a 5 on the diagram. Responding to Ms. Taylor, Mr. Burchard stated that it is labeled SWM and RESID. Ms. Taylor stated that their concern is just even with any additional development, unless there is something significant that happens with the way that water is channeled away from the properties, any additional impermeable areas. They are just very concerned that they are going to increase the amount of water that they are already feeling and that is rising over the years and affecting their properties. If this is going to happen, then it would have to happen with a lot of assistance to prevent water damage from occurring with some very specific native plantings or some restructuring of waterways and pipes. That is really a huge concern for them on Westview Terrace. Mr. Steve LeBoon –1025 Westview Terrace Dover, DE 19904 Mr. LeBoon stated that this is very serious. With the 7 items that they have illustrated, they protect the neighbors. This would be catastrophic. The water from his back property is a flood plain. The flood plains that have been illustrated according to the previous owner is over 70 years old. They are so outdated, that the flood plain would include all Woodbrook and the surrounding neighborhood. On August 4, 2021, they had a very serious tornado. That is when the previous owner, he would like to set the record straight because he articulated to him that he could not building back there because of the flooding and due to the utilities. He is saying that the plans expired. It expired because they couldn’t do it. He would like this Committee to take some time to think about it and really look into it and research how these statutes and codes protect the homeowners. Finally, he is asking for a full denial on the legal merits based on what’s Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 4 of 9 67

Item 1. been furnished to this Committee. Mrs. Cassandra LeBoon – 1025 Westview Terrace Dover, DE 19904 Mrs. LeBoon stated that when she listens to the responses to all of the concerns from Mr. Holly, all of the responses seem to dismiss everything that they have put forward and they are just supposed to believe that they are going to figure it out and do what’s right. They take care of them on the four streets that will be affected by this subdivision. She knows that it is at a preliminary stage, but they should have come prepared for more than just “we will be in compliance.” It seems nonchalant that they are just sort of brushing them away and saying, “just trust us, we will take care of you.” That is why they put all of the time and effort into looking into the different statutes and looking at the protections that are out there for them. It is evident for the people before them that sometimes developers tell you one thing and then then come back and do a different thing. She is sure that all of her neighbors agree with her and if they need to, they can get more people. Mr. Holly stated that he understands that the neighbors are concerned and very passionate as they should be about their home. But not one of them cited a particular statute or regulation this evening; it may have been in some of their emails. That is why they have in fact addressed all of the objections in the writing that has been submitted and will be part of the record. The proposed Subdivision infrastructure improvements do not propose any work within 100 year FEMA floodplain. The existing floodplain and blueline stream buffers on the property are very dense and won’t be touched. On the economic impact of the floodplain requirements, Mr. Burchard has taken very careful time to respond to each and every one of the seven objections. The neighbors can express their opinions that his profession opinion is incorrect but to say that they haven’t responded to their concerns, he doesn’t believe is accurate. He would ask that the Conceptual Plan be approved and note that of the four variances (waivers) that they need, the Planning Office recommends three of those. They ask that the Conceptual Plan be approved, and he would like Mr. Burchard to be more specific and technical on his particular responses on the neighbor objections. They made quite a bit of effort to get Council that has much more experience in front of this Commission. He is a practicing attorney in land use and real estate in New Castle County. Mr. Burchard has very detailed responses to the neighbors’ concerns and he would ask the Planning Commission consider that this very similar Subdivision Plan that has previously been approved. All of the bulk requirements under the regulations for the four lots that are intended for immediate commercial development and that the owner of Wyoming, LLC. should be able to do what they want to do with the property as long as it complies with Dover regulations, and they contend that it does. Mr. Burchard stated that he was trying to be brief with the Commission because of the written statements to respond to the neighbor’s concerns. All of these measures are in place to protect their property and their rights. They are compliant with all of that and it is a matter of proving it in the design with other review processes in order for that to be enacted. He can’t presuppose the final design before it actually happens. If there are maintenance issues within the subdivision that have affected their drainage system that need to be taken care of. He doesn’t know whose responsibility that is. It may be the City or the homeowners association if there is one and that might be worth looking into. Mrs. Maucher closed the public hearing. Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 5 of 9 68

Item 1. Mr. Hartman stated that the earlier question that he asked about maintenance, he was looking at the Code of Ordinances, Section 42-1 Drainage Courses of Private Property. It lists two scenarios: maintenance by the City, where surface water naturally flows over private property forming a surface water drainage course, of which said private property is not subject to an agreement by the property owner. That type of surface water drainage is required to be maintained by the City. There is another one where it’s the property owner’s responsibility to manage their surface water flows into other private properties. On those four lots when the residences will be built, who will be responsible for the drainage if it goes towards the people who are having the problem? Responding to Mr. Hartman, Mrs. Melson-Williams stated that this Subdivision Plan will be subject to a Stormwater Management Plan that would need to meet the Delaware Sediment and Stormwater Management Guidelines. They are limited that they can’t increase what is already coming off of their properties onto properties of others with those regulations. She would let you know that this is a challenged watershed overall. It drai ns ultimately, a very significant area of the city. But they will be dealing with the impacts on their individual properties. The City would not be the one responsible for managing the stream that is there and likely with the subdivision, there would have to be some type of maintenance organization for any of the open space areas that support those lots. That would be certainly something to come forward in future steps in a Subdivision Application process. Mr. Hartman stated that the Surface Water Management Plan that is required would require that the surface water not be drained towards other personal property. Responding to Mr. Hartman, Mrs. Melson-Williams stated that is basically how it works. You can probably refer to the engineer that is standing before you because this is an engineering standpoint. We also have Mr. Jason Lyon who is the City Engineer that is hopefully still available if you want to go to him for the questions that he may have knowledge of. But their management of stormwater is a big deal. Mr. Burchard stated that he doesn’t have the full answer as to who is responsible for the maintenance. It seems is if there is a bit of a possible conflict there and it doesn’t seem to quite make sense. He would agree that Mr. Lyon would have a better idea of how the City maintains open waterways that are known blueline streams and if that falls under the City maintenance requirements. If it’s required of the applicant to maintain it and that is the determination that happens, then that’s what will be the determination. Mr. Hartman asked if the plans would include grading that divert stormwater away from the residents that are already having a problem. In response it was stated that for this particular property basically, there is a plateau at the top of the property that then falls away to drain towards the blueline stream that runs through it. Other than a yard as it is today, the yard would have incremental amount of additional runoff that would flow off of it but it’s not much different than the meadow that it is today. The grass areas that would head into the alley that is between the properties flows down to the headwall that begins the origin point of the stream. This particular property and the developed portion of this property would be controlled to not worsen whatever the existing drainage problems are with those adjacent residents to the west or to the north or to the east should they all need to flow towards the stream. Mr. Hartman stated that he appreciates the applicant’s submittal. His main concerns are with the existing problems with the area. This was in one of the references submitted by the people who are opposed to this. They mention a City Council Meeting on July 12, 2021, where Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 6 of 9 69

Item 1. Councilman Taylor showed a series of photographers of some of the problems over there. Most of it looked like it was that pond west of Westview Terrace. One of these photographs shows an area where water is supposed to come out under Westview Terrace and is nothing but woods that impedes the water flow. Councilman Taylor went on to say that the issue was a high priority, and they need to look at the flow of water and how it is changing the landscape. His question is was anything done after that presentation by Councilman Taylor? Responding to Mr. Hartman, Mr. Swierczek stated that would be something that would likely be coordinated by the Public Works Office if it’s looking at to sort of mitigate stormwater management or what part the City plays versus private property owners. That would not be something that the Planning Office wouldn’t participate in because that would be something done in the Public Works Office. Mr. Hartman stated that it seems that the Planning Office should be very concerned about this and he believes that the Planning Officer is actually the Floodplain Administrator for the City of Dover. Responding to Mr. Hartman, Mrs. Melson-Williams stated that the City Planner is named as the Floodplain Administrator and they do have Mr. Jason Lyon, the City’s Engineer that can probably speak to some of the questions and issues related to the difficulties experienced on Westview Terrace. Mr. Lyon stated that with regard to the Westview Terrace, he is familiar with the City owning that pond and we are working on trying to clear that out and dipping it out to get a little bit better retention there. His recollection with blueline streams is that it’s to the ownership of the property that it is on. This certainly came up at the Puncheon Run which is just south of this blueline. That issue has come up before where there was some damage of trees that had fallen into the Puncheon Run stream and it was the owner’s responsibility for clearing that out. They went to the State for clarification on that. He does not see any difference with this specific situation as the blueline that is going through this developed property is not the City’s property; it is a property owned by private development. He would echo Mrs. Melson- Williams’ point about the runoff as Kent Conservation District will not allow this development to be approved if there is additional runoff from pre-development to post development. What that means is, when a rain event happens, the amount of rain that came before development into that ditch or the floodplain cannot be increased at post development. Mr. Holly stated that to assume that is it going to increase the runoff is at best premature. He defers greatly to the Commission and to Mr. Lyon, but we can’t presuppose that the development is going to increase the runoff. They understand that they are not going to get approval if it does, but he would ask the Planning Commission not to make a decision based on an assumption ahead of the game that water runoff is going to increase after the improvement. Their engineer doesn’t agree that that’s what will happen, but they understand that they can’t get approval unless it doesn’t increase the stormwater management runoff after the construction is constructed. Mr. Hartman stated that based on what Mr. Lyon said, that blueline stream would be the applicant’s. Responding to Mr. Hartman, Mr. Burchard stated that’s what it sounded like, and he would ask Mr. Lyon as to the permit requirements to have equipment in the blueline stream to remove big logs and things that might be obstructing flow. Mr. Hartman asked how much work you could do in a wetlands area like that? Responding to Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 7 of 9 70

Item 1. Mr. Hartman, Mr. Burchard stated that that was the point of his question. Mr. Hartman stated that he understands what they are up against, but he knows that there are things that can happen applying to the (Army Corps of) Engineers for access or work. They have seen that at Dover High School where that was done at that pond. His concern remains with the Planning Office because this particular area has been brought up by City Council as problem and a priority area to look at. Out of Article 1, Section 50-4 “basis for establishing special flood hazard areas: The City of Dover may identify and regulate new local flood hazard or ponding areas. These areas should be delineated and adopted on a “Local Flood Hazard Map” using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.” The question to the Planning Office is, has this been done in the area? Has research on a local flood hazard area been done in the area? Responding to Mr. Hartman, Mrs. Melson-Williams stated that there are no locally designated flood hazard areas that have gone through that process. There are provisions in our Code to do so, but there have not been steps to take that with any properties here in the City of Dover. Mr. Hartman stated that one of the requirements of Article 2, Section 50-21 of the Floodplain Administrator is to “review application for permits to determine whether proposed activities will be reasonably safe from flooding and interpret floodplain boundaries and provide flood elevation and flood hazard information.” It just seems to him that if they have had historic problems in this area then that’s something that the Planning Office would have looked at in the past. Responding to Mr. Hartman, Mr. Burchard stated that is sounded like Mr. Lyon was addressing a maintenance issue upstream which could certainly affect what these neighbors on Westview Terrace have been experiencing. Mrs. Maucher asked once the stormwater pond was built, who is responsible for the maintenance of that stormwater facility. Responding to Mrs. Maucher, Mr. Burchard stated that there will be an HOA established that is required to set that up. There will be an agreement put in place so that that is funded and taken care of. Mrs. Maucher asked if the HOA would be for four properties only. Responding to Mrs. Maucher, Mr. Burchard stated that it is a very small HOA. Mrs. Maucher asked if the developer was intending to pre-fund because there is quite an expense with stormwater management ponds. A big issue in the State is that property owner HOA’s are not equipped to deal with them and do not have the money or expertise to deal with them. The working out the extent of what the facility may look like with KCD to make sure that it’s appropriate for this position in the floodplain is part of their next steps to workout. He doesn’t have the answer to the funding issue and how that would work. He would say that there is a review with the Planning Commission and certainly that will be something that will need to be addressed. Mr. Cooper stated that by approving this, should that motion get made, they are merely sending this onto the next steps so that they can get that Kent Conservation District information and everything else that goes on. They are just approving this to get more answers and more questions for the next step, correct? Responding to Mr. Cooper, Mr. Burchard stated that is correct. Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 8 of 9 71

Item 1. Mrs. Melson-Williams stated the subdivision process is a multi-step process. This is the initial concept where they give you the basic sense of this is what we would like to do for a road and a lot configuration. The second step is called the Preliminary Subdivision Plan and with that step you get greater detail on some of these engineering questions. But ultimately there is various delegated agencies that have technical review responsibilities much more intense than what you are doing here, and the stormwater management must be in compliance with the Delaware Sediment and Stormwater Management Regulations. They will be working closely with the Kent Conservation District on that. This evening you are really dealing with the concept of the subdivision layout. It is an allowable use as noted in the R-10 (One Family Residence Zone). They do have several Wavier Requests. One of them they kind of grouped together with the first one being the Alternative Lot Configuration and Reduction Frontage on a Public Street for that Stormwater Management Area Lot. The number two Waiver Request is related to the Increased Percentage of Lots on the Cul-de-sac. The third Waiver is the request to eliminate the sidewalk requirement along the public right of way frontage of Monroe Terrace (that southern piece that comes back out to front there). There are three Waiver Requests. These are Subdivision Waivers, so the Planning Commission makes a recommendation, and they carry that recommendation forward through a City Council review process of those Subdivision Waivers. Mr. Holly asked that for the record, is he correct that the Planning Staff did recommend all of the waiver requests except for the sidewalk? Responding to Mr. Holly, Mr. Swierczek stated that the Planning Staff has recommended approval of all but the sidewalk waiver request. The Planning Commission will take the recommendations into consideration. Mr. Hartman SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan that based on the testimony of the applicant tonight and the Planning Staff write up in the DAC Report (be approved) and subsequentially approve the Alternate Lot Configuration and Reduce Frontage on a Public Street for the Stormwater Area Lot, the Increased Percentage of Lots on a Cul-de-sac. And he recommends that they deny the Waiver Request for the Elimination of the Sidewalk on Monroe Terrace Frontage of the Residual Lot, seconded by Mr. Cooper and the motion was carried 7-0 with Mrs. Denney and Dr. Jones absent. Mr. Hartman voting yes; based on the motion that he stated. Mr. Baldwin voting yes; based on the aforementioned statements. Mrs. Welsh voting yes; for reasons stated. Mrs. Malone voting yes; for reasons stated. Mr. Cooper voting yes. Mr. Roach voting yes; for reasons stated. Excerpt of Planning Commission Meeting Minutes of March 20, 2023 Page 9 of 9 72

Item 4. The creation of a special fund should be by resolution of council PROPOSAL FOR CREATING AN ECONOMIC AND COMMUNITY DEVELOPMENT FUND Name: City of Dover Economic and Community Development Fund Purpose: set aside funds for economic development and community development related projects to include opportunities to improve the city’s economy and quality of life. Daily management: the fund shall fall under the managerial control of the Controller/Treasurer who shall regularly report on the status of the Fund. Uses: Economic and Community Development funds may be used for programs, policies or activities that seek to improve the economic well-being and quality of life for the residents of the City of Dover. Funds could be used for land or building acquisition, building renovation, matching funds for related grants, incentives associated with new or expanded businesses, upfront and administrative costs associated with the issuance of conduit or TIF bonds, blight removal or other purposes consistent with economic or community development projects. Definitions: (a) Economic development project means a program or activity having the primary purpose of encouraging the establishment and growth of business in the city, including the creation and retention of jobs (b) Community development project means a project or process for making the community a better place to live, play and work. Initial Funding Source: proceeds from the sale of property (lots) at the Garrison Oak Business and Technology Center. Initial deposit: Not to exceed the amount of $5,000,000 or as directed by Council 73

Item 4. Future funding: the fund may receive all or part of proceeds from land or building sales, budget allocations, gifts and bequeaths, or other sources. Maximum Fund amount: the fund shall be capped at $10,000,000. All receipts more than the maximum shall be deposited in the General Fund balance to be used as directed by City Council. Administration: the fund resources and approval of uses thereof shall be subject to review by the City Council’s Legislative, Administration and Finance Committee with final approval by both the Chair of said Committee and the City Manager. Transfers for Budget Purposes: Transfers from the fund for ordinary operating budget expenses shall only be by majority vote of the City Council, and only when critical to the city’s financial condition. Matching: The Fund can be used to match other sources of funds, regardless of source, if such use of matching funds is not otherwise restricted by the grantor. DSH, 3/28/23 74