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CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, January 09, 2024 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA 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/dneskv Event number: 2530 652 7415 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 UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Evaluation of Proposals - Downtown Dover Upgrades Engineering Design (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Award the contract to KCI Technologies for the engineering design of the Downtown Dover Upgrades Engineering Design, RFP# 24-0010WW, for $223,027.) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - January 09, 2024 PAGE 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Change Order - Mirror Lake Drainage Basin Improvements (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Approve the change order request from Gateway Construction, Inc. in the amount of $154.559. in accordance with the City of Dover Purchasing Policy & Procedures. The design engineer of the project will split the cost of the change order with the city.) 2. Update on potential revisions to the Zoning Ordinance for C-2 (Central Commercial Zone) per the Transforming Downtown Dover: Capital City 2023 Plan (Dawn Melson-Williams, Principal Planner) Proposed Ordinance #2024-01 - Amending Appendix B - Zoning, Article 3 - District Regulations, Section 13 - Central Commercial Zone (C-2), Article 4 - Zoning and Bulk Parking Regulations, Section 4.14 - [C-1, C-1A, C-2, C-2A zones], Article 5 - Supplementary Regulations, Section 6 - Dumpsters for trash and recycling, Article 6 - Off- Street Parking, Driveways and Loading Facilities, Section 3 - Required Off-Street Parking Spaces, Article 12 - Definitions. 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, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: December 29, 2023 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III City Manager SUBJECT: Evaluation of Proposals – Downtown Dover Upgrades Engineering Design TIMETABLE: Notice to proceed to be issued within ten (10) days of Council approval. Project anticipated to be completed in two hundred and seventy (270) calendar days. RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $223,027 AMOUNT BUDGETED: $267,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works - Stormwater Management, CIP Project #SW2409, CIP Project Name: Downtown Dover Upgrades – Stormwater, Account No.: 101-12-60-99-000- 54031, budget = $38,000. Department of Water & Wastewater – Water Management, CIP Project #WQ2403, CIP Project Name: Downtown Dover Upgrades – Water, Account No.: 401-40-68-99-000-54031, budget= $172,000. Department of Water & Wastewater – Wastewater Management, CIP Project #WW2412, CIP Project Name: Downtown Dover Upgrades – Wastewater, Account No.: 403-41-69-99-000-54031, budget=$57,000. STAFF RECOMMENDATION: Award contract to KCI Tehnologies for the engineering design of Downtown Dover Upgrades Engineering Design, RFP #24-0010WW, for $223,027. BACKGROUND AND ANALYSIS: This project, identified within the FY24 CIP program, will provide engineering design to upgrade the stormwater infrastructure, water infrastructure and wastewater infrastructure in the Downtown Dover area, 3

Item 1. specifically, Loockerman Street. This area was identified in the Transforming Downtown Dover: Capital City 2030 master plan. The proposal was advertised to the public as a Request for Proposal in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #24-0010W. Proposals were opened on December 5, 2023. The City of Dover received four (4) proposals. The four (4) proposals were reviewed by staff and scored based on the evaluation criteria provided in the proposal documents. AVERAGE CONTRACTOR LOCATION SCORE KCI TECHNOLOGIES DOVER, DE 91.0 VERDANTAS, LLC* DOVER, DE 84.5 DAVIS, BOWEN & FRIEDEL, INC. MILFORD, DE 76.7 CENTURY ENGINEERING DOVER, DE 75.6 (KLEINFELDER)* *The evaluated cost of the proposal was reduced by 3% due to local vendor preference that was claimed by the firm. City staff reviewed the submissions and found that KCI Technologies proposal met all requirements for the qualifications of the project. Staff recommends awarding the contract to KCI Technologies in the amount of $223,027 for the Downtown Dover Upgrades Engineering Design project. 4

Item 1. 5

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Leg & Fin) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: December 29, 2023 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager SUBJECT: Change Order – Mirror Lake Drainage Basin Improvements TIMETABLE: Notice to proceed to be issued within two (2) days of Council approval. Project anticipated to be completed in one-hundred and twenty (120) calendar days. RELATED PROJECT: X REFERENCE: X EXPENDITURE REQUIRED: $77,279.50 BUDGET REMAINING: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): Shortfall to be supplemented by savings from ST2302 Street Program, Account No.: 101-12- 18-35-000-54031 STAFF RECOMMENDATION: Approve change order request from Gateway Construction, Inc. in the amount of $154,559, in accordance with the City of Dover Purchasing Policy & Procedures. The design engineer of the project will split the cost of the change order with the city. BACKGROUND AND ANALYSIS: Per the City of Dover Purchasing Policy & Procedures, section 3.11.B, the City Manager and Controller/Treasurer are authorized to approve change orders that are within fifteen percent (15%) of the originally approved contract. This project involves the upgrades of existing stormwater infrastructure that is upstream of Mirror Lake. The current approved contract for this work is $553,015. The proposed change order, in the amount of $154,559 is greater than fifteen percent (15%) of the original contract. This change order will provide different sized pipes to avoid a conflict with a sanitary sewer main that was not originally accounted for with the design. 6

Item 1. The shortfall will be covered by the following breakdown: Funding Description Current Spent / Savings / Requested Proposed Source Budget Encumbered Remaining Change Budget Remaining Bond Bill SW2305 – $553,100 $0 $0 $154,559 $707,659.00 / General Mirror Lake Fund Drainage Basin Improvements General – ST2302 – $1,180,000 $933,294 $246,706 ($77,279.50) $169,426.50 Streets Street Program N/A Design N/A N/A N/A ($77,279.50) N/A Engineer Contribution City staff believes the proposed change order is fair and reasonable. Staff recommends awarding the change order to Gateway Construction, Inc. in the amount of $154,559, of which, the city would be responsible for $77,279.50. 7

Item 2. CITY OF DOVER, DELAWARE ACTION FORM MEETING: Council Committee of the Whole – Legislative Finance and Administration Committee MEETING DATE: January 9, 2024 Meeting DEPARTMENT OF ORIGIN: Planning, Inspections and Community Development PREPARED BY: Dawn Melson-Williams, Principal Planner SUBMITTED: January 3, 2024 SUBJECT: Update on Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) associated with the Transforming Downtown Dover: Capital City 2023 Plan and Proposed Text Amendments presented in Draft Proposed Ordinance #2024-01 REFERENCES: Dover Code of Ordinances, Appendix B: Zoning (known as Zoning Ordinance) and the 2019 Comprehensive Plan RELATED PROJECT: Transforming Downtown Dover: Capital City 2023 Plan, a Strategic Master Plan for Downtown Dover area prepared by consultants for the Downtown Dover Partnership EXHIBITS: • DRAFT Proposed Ordinance #2024-01 Text Amendments to the C-2 (Central Commercial Zone) and related development provisions of Zoning Ordinance TIMETABLE: • October 24, 2023: Review of Concepts and Workgroup Activities at City Council Committee of the Whole: Legislative, Finance & Administration Committee Meeting • November 2023 – January 2024: Staff to Draft Text Amendment language for Proposed Ordinance(s) • January 9, 2024: Presentation of Proposed Ordinance (Text Amendments/First Reading language) to City Council Committee of the Whole: Legislative, Finance and Administration Committee Meeting • January 22, 2024: First Reading of Proposed Ordinance at City Council Meeting for Referral and Setting of Public Hearing dates • February 20, 2024: Public Hearing and Review for Recommendation of Proposed Ordinance by Planning Commission • March 11, 2024: Public Hearing and Review for Final Action by City Council STAFF RECOMMENDATION: • Review of Text Amendment language (Proposed Ordinance #2024-01) developed from presented Concepts of Revisions to C-2 (Central Commercial Zone) and associated provisions of the Zoning Ordinance. o Recommend forwarding the Proposed Ordinance #2024-01 to City Council for First Reading and establishment of the Public Hearing dates with the Planning Commission and City Council. o Recommend review of Proposed Ordinance #2024-01 for proper formatting and for legal review by the City Solicitor. 8

CCOW-LFA January 9, 2024 Item 2. Action Form on Potential Revisions to C-2 Zone Page 2 of 5 BACKGROUND AND ANALYSIS Introduction The Transforming Downtown Dover: Capital City 2030 (Transforming Downtown Dover) focused on a range of physical and programmatic solutions to provide a fresh and integrated approach to transform Downtown Dover and the surrounding area into a vibrant, thriving community and regional destination. https://www.downtowndoverpartnership.com/ddp/downtown-dover- strategic-master-plan/ Background The Downtown Dover Master Plan Code Revisions Workgroup (Workgroup) was organized in 2023 with the purpose of reviewing the Dover Code of ordinances and other comparable codes for revitalized downtowns and to see what changes could/should be made based on the Transforming Downtown Dover Plan. This Workgroup put together a list of suggested changes as presented in a Memo dated September 26, 2023 “Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone)” and set up a series of public meetings to ascertain public feedback. Comment Gathering with Outreach Meetings The Workshop & Meetings on C-2 Code Amendments associated with the Transforming Downtown Dover: Capital City 2030 Plan were held on October 10, 11, and 12, 2023 as two Stakeholder Meetings (Business Interests, Realtors, Engineers, Developers, and Others) and a Walk-in Workshop for the Public. The events included a series of presentation boards of the Potential Revisions, the Tentative Timeline, and informational maps of area for viewing and also a PowerPoint Presentation of the same information. Conversations and discussions of these items occurred with Planning Staff and the participants. Comment sheets and post-its gathered written comments. These comments were reported to the CCOW-LFA Committee at their October 24, 2024 Meeting in a summary listing by topic area (Uses, Building Height, Parking, and Miscellaneous). Presentation of Suggested Changes The potential code changes were articulated in concept form. Since most of the Downtown area is zoned C-2 (Central Commercial Zone), the proposed changes focus on the C-2 zoning district. From the feedback received, we listed the proposed changes in the chart “Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone); see chart as follows. The proposed changes are listed in the column titled “Recommended Concepts for Revision.” These potential changes were categorized into the four topic areas of Uses, Building Height, Parking and Miscellaneous and were numbered 1 through 23 for ease of discussion. These were presented to the CCOW-LFA Committee as concepts only and not formal ordinance (text amendment) language and format. Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) CURRENT CODE RECOMMENDED CONCEPTS FOR REVISION Zoning Ordinance, Article 3 Section 13 or as noted 1 Retail stores No change 2 Restaurants No change 3 Hotels, including bed and breakfast inns No change USES 4 Art galleries and studios No change 5 Service establishments No change 6 Personal service establishments No change 9

CCOW-LFA January 9, 2024 Item 2. Action Form on Potential Revisions to C-2 Zone Page 3 of 5 7 Business professional, and government offices No change 8 Apartments and multi-family dwellings, provided Allow uses associated with apartments (i.e., that no dwelling units shall be permitted in the lobbies, amenity spaces) on first floor of first floor on the street frontage of Loockerman Loockerman Street 9 Parking lot and parking structure is a Conditional Parking lot and parking structure as a Use (A Conditional Use is required to be permitted use reviewed and approved by the Planning Commission.) 10 Not clearly allowed Microbrewery/craft distillery/meadery 11 Allowed by interpretation Commercial Kitchen 12 Manufacturing, assembling, converting, Allow the making and processing of altering, finishing, cleaning, or any other consumer goods and products such as baked processing of products where goods so goods, glass blowing, and handmade items produced or processed are to be sold at retail where goods are processed and sold at retail exclusively on the premises, provided that: or on-line. (1) An area fully concealed from any street and equal to not more than 20 percent of the area devoted to retail sales shall be so used; (2) Electrical power not to exceed a total of five rated horsepower, and steam pressure not in excess of 60 pounds of pressure per square inch shall be used exclusively; (3) Not more than four employees are engaged in such production or processing 13 Pop-up kitchen/restaurant/retail are not clearly Pop-up kitchen/pop-up restaurant/pop-up allowed retail 14 Place of public assembly is a Conditional Use Place of public assembly as a permitted use 15 Outdoor use – i.e., patios, eating areas, parklets Clarify process of outdoor use – i.e., patios, eating areas, parklets 16 Maximum building height is 6 stories and 75 feet Maximum building height 10 stories and 125 Zoning Ordinance, Article 4 Section 4.14 feet • If building is above 3 stories, then upper floors need to be setback (wedding cake style) on sides facing the street. BUILDING HEIGHT • Consider Residential 10% set aside of units for affordable units for every floor above 6 stories and 75 feet. Can be put into an affordable housing fund for non-profits. 17 No parking requirements for existing buildings in No parking requirements for existing buildings C-2 in C-2 zone Zoning Ordinance, Article 6 Section 3.1(a)ii No minimum parking requirements for new construction in C-2 zone 18 Parking minimums for the following uses (for all No minimum parking requirements based on PARKING zoning districts): use in the Downtown Redevelopment Target • Medical Office: 1 space per 300 square feet Area of floor area • Apartments: 2 spaces per dwelling unit plus 1 space per 200 square feet office space plus 0.25 space per dwelling unit for visitor space • Restaurants and bars: 1 space for every 4 seats plus 1 space for every 3 bar seats 10

CCOW-LFA January 9, 2024 Item 2. Action Form on Potential Revisions to C-2 Zone Page 4 of 5 • Hotel: 1 space per guestroom plus 1 space for every 200 square feet of office space, banquet hall, or meeting areas Zoning Ordinance, Article 6 Section 3.1 19 The Planning Commission (or City Planner if it’s Parking Waiver still available for consideration an administrative plan review) may consider a waiver to reduce the required parking amount by up to 50% if applicant demonstrates the project is adequately served by transportation and parking alternatives. Zoning Ordinance, Article 6 Section 3.9 20 Bicycle parking-1 bicycle parking space for every Bicycle parking will still be required 20 parking spaces. The Planning Commission may waive this requirement. Zoning Ordinance, Article 6 Section 3.10 21 Floor Area Ratio (FAR) 4.0 Consider removing any lot coverage restrictions 22 Tree mitigation fund not available Allow for tree mitigation fund whereby a donation to the fund in lieu of planting a tree per the landscaping requirements in Downtown 23 Dumpster rate based on use. Eliminate Dumpster rate but keep screening • Restaurant: Two required for the first 3,000 and enclosure requirements MISCELLANEOUS square feet of gross building area; one required for each additional 3,000 square feet of gross building area or fraction thereof • Office and retail less than 50,000 square feet: Two required for the first 16,000 square feet of gross floor area; one required for each additional 16,000 square feet of gross floor area or fraction thereof • Apartment: Two required for the first 48 apartments; one required for each additional 24 apartments or fraction thereof Zoning Ordinance, Article 5 Section 6 Recommendation to Draft Ordinance Following review and discussion of the proposed concepts for changes, the CCOW-LFA Committee at their October 24, 2023 Meeting recommended that Staff move forward with drafting of the Text Amendments. This recommendation was adopted by Consent Agenda at the City Council Meeting of December 11, 2023. Proposed Draft Ordinance #2024-01 Planning Staff conducted additional research and has developed a Draft Proposed Ordinance #2024-01 which focuses on revisions to the C-2 (Central Commercial Zone) found in Zoning Ordinance, Article 3 Section 13 and the C-2 zoning district bulk standards found in Zoning Ordinance, Article 4 Section 4.14. Planning Staff also looked at some of the regulations related to development activity in general and how a development location in the Downtown core is affected. There are proposed revisions to other sections of the Zoning Ordinance as related to parking requirements and Dumpsters. Some of these revisions will amend these development regulations when they are applied to properties located in the Downtown Redevelopment Target 11

CCOW-LFA January 9, 2024 Item 2. Action Form on Potential Revisions to C-2 Zone Page 5 of 5 Area. The Downtown Redevelopment Target Area is defined (boundaries described) in the Dover Code of Ordinances, Appendix C – Downtown Redevelopment, Article II. Definitions, Section 4 – Target Area. The Proposed Ordinance is offered for review and consideration to begin the formal review and adoption process. • Exhibit – DRAFT Proposed Ordinance #2024-01 Text Amendment to the C-2 (Central Commercial Zone) and related development provisions of Zoning Ordinance Proposed Timeline Dates: The following timeline has been developed for the formal review process for these Text Amendments to the Zoning Ordinance. The formal review process for Text Amendments to the Zoning Ordinance is outlined in Dover Code of Ordinances, Appendix B: Zoning, Article 10 Section 5. Amendments. • January 9, 2024: Presentation of Proposed Ordinance (Text Amendments/First Reading language) to City Council Committee of the Whole: Legislative, Finance and Administration Committee Meeting • January 22, 2024: First Reading of Proposed Ordinance at City Council Meeting for Referral and Setting of Public Hearing dates • February 20, 2024: Public Hearing and review for Recommendation of Proposed Ordinance by Planning Commission • March 11, 2024: Public Hearing and Review for Final Action by City Council Potential Future Activities: The Workgroup and the public outreach activities for this project identified other ideas, clarifying policies, new programs, and potential code revisions that will need to be explored further prior to being brought forward for consideration and/or implementation. These include, but are not limited to the following: • Development of a formal Permit Process to authorize outdoor dining/seating areas and outdoor sales areas • How to encourage development of Affordable Housing units with regulatory set asides and/or Affordable Housing Fund • Look at zoning provisions for alternative types of housing • Creation of a Tree Mitigation Fund as a payment-in-lieu of implementation of tree planting requirements in certain situations • Review of the Active Recreation Area requirements for residential developments and the cash-in-lieu of active recreation construction program • Evaluation and update of the Design Standards and Guidelines for the City of Dover Historic District Zone • Planning for EV- Electric Vehicles • Clarify regulations for Food Trucks and other mobile vendors • Improvements to streetscape (infrastructure, sidewalks, signage, furnishings, etc.) and walkability 12

Item 2. CITY OF DOVER ORDINANCE #2024-01 Proposed Draft Ordinance 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 3 Section 13. Central Commercial Zone (C-2) be amended by 5 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 6 7 APPENDIX B – ZONING 8 9 ARTICLE 3 - DISTRICT REGULATIONS 10 11 Section 13. - Central commercial zone (C-2). 12 13 13.1 Uses permitted. In a central commercial zone (C-2), no building or premises shall be used, and no 14 building or part of a building shall be erected, which is arranged, intended, or designed to be used, in 15 whole or in part, for any purpose, except the following: 16 17 (a) Retail stores. 18 (b) Restaurants, cafes, and eating establishments. 19 (c) Commercial kitchens. 20 (d) Microbrewery, craft distillery, and meadery establishments. 21 (c) (e) Hotels, including bed and breakfast inns. 22 (d) (f) Art galleries and artisan studios. 23 (e) (g) Service establishments. 24 (h) Banks and financial institutions 25 (f) (i) Personal service establishments. 26 (g) (j) Business, professional, and government offices. 27 (h) (k) Apartments and multi-family dwellings, provided that no dwelling units shall be 28 permitted in on the first floor on the street frontage of Loockerman Street. Uses accessory to the 29 residential units such as lobby and amenity spaces are permitted on the first floor. 30 (l) Live-work units. 31 (i) (m) Indoor recreation and amusement establishments. 32 (n) Parking lots and parking structures as a principal use. 33 (o) Places of public assembly. 34 (p) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking, 35 or any other processing of products where goods so produced or processed are to be sold at 36 retail on the premises or online and where the size of the establishment shall not exceed 37 5,000 square feet in floor area. 38 (q) Open space areas. 39 40 13.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning 41 commission in accordance with the procedures and subject to the general conditions set forth in article 42 10, section 1: 43 44 (a) Parking lots and parking structures as a principal use. 13

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 2 of 10 45 (b) Places of public assembly. 46 (c) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing 47 of products where goods so produced or processed are to be sold at retail exclusively on the 48 premises, provided that: 49 (1) An area fully concealed from any street and equal to not more than 20 percent of the 50 area devoted to retail sales shall be so used; 51 (2) Electrical power not to exceed a total of five rated horsepower, and steam pressure not 52 in excess of 60 pounds of pressure per square inch shall be used exclusively; 53 (3) Not more than four employees are engaged in such production or processing. 54 (a) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking, 55 or any other processing of products where goods so produced or processed are to be sold at 56 retail on the premises or online and where the size of the establishment exceeds 5,000 57 square feet in floor area. 58 59 13.3 Uses prohibited. The following uses are prohibited: 60 61 (a) Fuel pumps and motor vehicle storage, sales, or repairs. 62 63 13.4 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet 64 parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas 65 associated with restaurants, outdoor gathering areas, and outdoor sales areas approved by the city 66 planner or approved as part of the site development plan approval required by article 3, section 67 13.6. 68 69 13.5 Design standards. The following standards shall apply to the site and building development in 70 the central commercial zone (C-2): 71 72 13.51 Façade Articulation. Building facades should incorporate design elements to provide 73 a base, middle, and top of the building to reinforce the pedestrian scale at the street level. 74 75 13.52 Height. For buildings greater than four (4) stories in height, then the upper floors 76 above the fourth story shall step back ten (10) feet on the primary facade. For buildings 77 greater than six (6) stories, then the upper floors above the sixth floor shall step back an 78 additional ten (10) feet on the primary façade. These step backs areas may begin at a lower 79 height than these minimums as part of the building design in order to be compatible with 80 the character of the area. 81 82 13.53 Step back areas. The step back areas should be open to the sky and can be open air 83 balcony spaces or other design architectural features that are not enclosed spaces. 84 85 13.54 Off-street Parking. Off-street parking lots shall not be permitted to be situated 86 between the street line and the primary facade of the principal building. Consideration 87 should be given to locating parking to the side or rear of the building. 88 89 13.55 Screening. Any off-street parking lots provided shall be screened from the street line 90 by buildings, landscaping, or other means. Off-street parking lots shall be screened from 14

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 3 of 10 91 adjacent residential zones and residential uses. This screening provision does not apply to 92 adjacent alleys. 93 94 13.5 13.6 Performance standards. All uses are subject to performance standards as set forth in article 5, 95 section 8.1. 96 97 13.6 13.7 Site development plan approval. Site development plan approval in accordance with article 10, 98 section 2 hereof shall be required prior to the issuance of building permits for the erection or 99 enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. 100 101 BE IT FURTHER ORDAINED: 102 103 That Appendix B – Zoning, Article 4 Section 4.14 amended by inserting the text indicated in bold, blue 104 font and deleting the text indicated in red strikeout as follows: 105 106 Section 4.14. - [C-1, C-1A, C-2, C-2A zones.] 107 Bulk and parking regulations for neighborhood commercial (C-1), limited commercial (C-1A), 108 central commercial (C-2), and limited commercial (C-2A) zones are as follows: 109 C-1 C-1A C-2 C-2A Minimum required: Lot area (sq. ft.) 2,500 Lot width (ft.) 25 Lot depth (ft.) 70 100 Front yard (ft.) 25 25 0 15 Side yard (ft.) None required, None required, None required, but None required, but but 5 feet min. if but 5 feet min. if 5 feet min. if 5 feet min. if provided provided provided provided Rear yard (ft.) 15 15 20 above ground 20 above ground floor. At ground floor. At ground floor, 5 ft. required floor, 5 ft. required Side or rear yards 15 15 15 25 which adjoin a residential zone (ft.) Off-street parking Per 300 sq. ft. 1 floor area or Per employee 1 (whichever is greater) Maximum permitted: Building height Stories 2 2 6 10 6 Feet 30 30 75 125 75 Floor area ratio 1.0 1.5 4.0 5.0 4.0 15

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 4 of 10 110 111 BE IT FURTHER ORDAINED: 112 113 That Appendix B – Zoning, Article 5 Section 6 amended by inserting the text indicated in bold, blue 114 font and deleting the text indicated in red strikeout as follows: 115 116 Section 6. - Dumpsters for trash and recycling. 117 118 6.1 Location of trash receptacles. In all zones of the City of Dover (except in residential zones where 119 standard City of Dover 90-gallon trash containers are used), all trash receptacles and bulk recycling 120 bins (excluding publicly operated recycling drop off centers), which shall be referred to collectively as 121 "dumpsters" in this ordinance, are to be situated in order to allow safe and efficient access by trash 122 collection vehicles, and shall be screened from public view. All dumpsters must comply with the 123 following regulations: 124 6.11 Location and screening required. All dumpsters must be located in approved locations on the 125 lot. Dumpsters must be placed on hard, paved, dust-free surfaces and may not be placed in designated 126 parking spaces, fire lanes, or access ways. Outside storage of trash, cardboard, or shipping pallets is 127 prohibited. A dumpster enclosure is required to screen the dumpster from view whenever these units 128 are situated so that they will be visible from any public right-of-way or from an adjacent property. 129 6.12 Minimum dumpsters required. 130 Use Dumpsters Required Restaurant Two required for the first 3,000 square feet of gross building area; one required for each additional 3,000 square feet of gross building area or fraction thereof Shopping center (excluding Two required for the first three stores; one required for each store supermarkets or anchor tenants) thereafter Supermarkets & anchor tenants Two required in addition to requirements for shopping center in shopping centers Office & retail less than 50,000 Two required for the first 16,000 square feet of gross floor area; one square feet required for each additional 16,000 square feet of gross floor area or fraction thereof Office & retail greater than Two required for the first 50,000 square feet of gross floor area; one 50,000 square feet required for each additional 24,000 square feet of gross floor area or fraction thereof Industrial, warehousing & Two required for the first 80,000 square feet of gross building area; institutional one required for each additional 40,000 square feet of gross building area or fraction thereof Apartment complex or Two required for the first 48 apartments; one required for each Apartment Building with over additional 24 apartments or fraction thereof 10 units Non-residential uses Two required per property 131 16

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 5 of 10 132 6.13 Selection of trash service. Applicants for site development plan approval shall specify the 133 proposed method of trash collection (side load or front load) at the time of application. A change in 134 the method of collection may require an alteration of the site plan, subject to approval of the city 135 planner or the planning commission. 136 6.14 Maneuvering space. Adequate off-street truck maneuvering space shall be provided on-lot and 137 not within any public street right-of-way or other public lands. Internal site circulation lanes are to be 138 designed with adequate turning radii to accommodate the size and efficient maneuvering of trash 139 collection vehicles. 140 6.15 Minimum dimensions for dumpster enclosures. All dumpster enclosures must be adequate to 141 screen dumpsters from public view. Enclosures for private collection must be no less than seven feet 142 in height. The height of enclosures for City of Dover collection may be no less than five feet high. 143 6.16 Enclosure construction. All dumpster enclosures shall be constructed of durable materials that 144 will withstand the normal use and wear expected in trash removal operations. Whenever a dumpster, 145 in its enclosure, will be visible from a public right-of-way, the appearance of the dumpster enclosures 146 shall complement the architecture of the principal building on the lot, and be constructed with the 147 same or similar exterior materials. 148 6.17 Gates. Gates are required whenever a dumpster, in its enclosure, will be visible from a public 149 right-of-way. Gates must be designed to swing back behind the front of the enclosure and lock in the 150 open position. If City of Dover trash service is provided, it is the responsibility of the property owner 151 or occupant to open and securely lock back the gates to allow for trash pick up. The gates may be 152 opened 12 hours prior to pick up, and must be closed within 12 hours after pick up. 153 6.18 Reduction of dumpster requirement. When a use is required to provide dumpsters as part of site 154 development plan approval, the required number of dumpsters may be reduced under the following 155 circumstances: 156 a) Dumpster pads reserved for future use. An area of the site reserved for a dumpster may be 157 substituted for an actual dumpster. The provided area must be large enough to accommodate a 158 dumpster and must be accessible to trash collection services. The city planner may require that 159 the owner of record of the property provide a dumpster in the reserved location, together with 160 any enclosure required, upon determining there is need for the additional dumpster. 161 b) Trash compactor substitution. Trash compactors may be substituted for ordinary dumpsters 162 at a two to one ratio. The city planner may approve a higher substitution ratio if specifications 163 are provided indicating the machine will achieve a correspondingly higher trash compaction 164 ratio. Trash compactors must meet the same location and screening requirements as other 165 dumpsters. Sites providing trash compactors must still provide separate receptacles for 166 recycling. 167 c) Alternative solutions. Alternative solutions for the storage of and collection methods for 168 trash and recycling receptables may be considered. The city planner or planning 169 commission may authorize alternative solutions. 17

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 6 of 10 170 6.2 Location and screening approval required. The locations of new dumpsters on a site and any 171 screening necessary shall be approved through the site development plan approval process, according 172 to the type of review required in article 10 of this appendix. 173 6.3 Unauthorized dumpsters. Any dumpster not previously approved through the site development 174 plan approval process may be required by the city planner to be moved, removed, or screened if said 175 dumpster is a nuisance to neighboring properties by virtue of its current location. 176 177 BE IT FURTHER ORDAINED: 178 179 That Appendix B – Zoning, Article 6 Section 3.1 amended by inserting the text indicated in bold, blue 180 font and deleting the text indicated in red strikeout as follows: 181 182 Section 3. - Required off-street parking spaces. 183 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided 184 for any lot as specified in Article 4—Zoning Bulk and Parking Regulations, or as specified below for 185 each use in any zone, whichever is greater. 186 (a) Exceptions. 187 i. Where Article 3—District Regulations, specifies a minimum parking requirement, this 188 parking requirement shall prevail. 189 ii. For existing buildings within the C-2 zoning district, the requirements of Article 4, Section 190 4.14—[C-1, C-1A, C-2, C-2A zones zoned], bulk and parking regulations governing the C-2 191 zoning district shall prevail. 192 iii. For new construction within the downtown redevelopment target area, as described in 193 appendix C of the Dover Code of Ordinances, there is no minimum off-street parking 194 requirement based on use. To utilize this exception, a parking strategy statement must be 195 submitted for review as part of the site development plan approval required by appendix 196 B, zoning, article 10, section 2. 197 For: At Least One Parking Space For Each Places of worship Two hundred (200) square feet of floor area, but not less than one (1) space for each four (4) seats, where provided Libraries Three hundred (300) square feet of floor area Medical offices—All types Three hundred (300) square feet of floor area Nursery school or kindergarten Adult attendant, plus one for every 20 children 18

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 7 of 10 For: At Least One Parking Space For Each Elementary or junior high school Eight (8) seats in main auditorium/cafeteria or gymnasium High school, technical school, college or Five (5) seats in main auditorium/cafeteria or university gymnasium; if none, see Article 4—Zoning, Bulk and Parking Regulations Hospitals or sanitariums Three beds Apartments Two (2) per dwelling unit and one (1) for every two hundred (200) square feet of office space and 0.25 per dwelling unit for visitor space Roominghouses Guestroom Dormitories Three (3) beds Eating and drinking places Four (4) seats plus one (1) for every three (3) bar seats Funeral homes Two (2) employees, plus five (5) spaces for each chapel Hotels and motels Guestroom, plus one (1) for every 200 square feet of office space, banquet hall, or meeting areas Athletic fields, baseball, football or Three (3) seats boxing stadiums and arenas; race tracks Golf courses Per employee and four (4) parking spaces for each hole Golf or baseball driving range One-half (½) stall Airports Per employee and for each two (2) airplanes in storage 198 199 3.2 Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street 200 parking spaces include any private garage, carport, or other area available for parking, other than a 201 street or driveway. However, a driveway within a required front yard for a one-family or two-family 202 residence may count as one parking space, other than a corner lot as provided in article 5, section 1.3. 203 3.3 Location and ownership of required accessory parking facilities. Required accessory parking 204 spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, 205 or elsewhere, provided all spaces therein are located within 150 feet walking distance of such lot. In 19

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 8 of 10 206 all cases, such parking spaces shall conform to the regulations of the district in which they are 207 accessory and shall be subject to deed restriction, filed with the city clerk, binding the owner and his 208 heirs and assigns to maintain the required number of spaces available either: 209 (a) Throughout the existence of such use to which they are accessory; or 210 (b) Until such spaces are provided elsewhere. 211 3.4 Size of spaces. The minimum parking space dimensions shall be at least nine (9) feet in width and 212 at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements. 213 3.5 Access. Unobstructed access to and from a street shall be provided. Each drive lane shall have at 214 least ten feet of width so that one-way drives have at least ten feet of width and that two-directional 215 drives have two lanes of ten feet each. Unless otherwise specified within this section, access shall be 216 provided by at least one two-directional drive lane or two one-directional drive lanes. 217 3.6 Drainage and surfacing. 218 (a) All open permanent parking areas and access drives shall be properly drained and all such 219 areas shall be provided with paved asphalt, concrete or other hard, paved, dust-free surface. 220 (b) All permanent parking areas shall be enclosed with upright concrete curbing at least six 221 inches in height. The city planner may relax this requirement for a portion of a parking area 222 when there is a demonstrated need to convey stormwater to a proposed or approved stormwater 223 management area. Curbing shall not be required for loading areas, handicapped access and for 224 parking spaces accessory to a one-family or two-family residence (see also article 6, section 225 5.3). 226 3.7 Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to 227 serve, jointly, two or more establishments, whether or not located on the same lot, provided that the 228 number of required spaces in such joint facilities shall be not less than the total required for all such 229 establishments. 230 3.8 Combined spaces. When any lot contains two or more uses having different parking requirements, 231 the parking requirements for each use shall apply to the extent of that use. Where it can be 232 conclusively demonstrated that one or more such uses will be generating a demand for parking spaces 233 primarily during periods when the other use or uses is not or are not in operation, the planning 234 commission may reduce the total parking spaces required for that use with the least requirement. 235 (a) Campus Parking Plan. When a new building or building addition is made to a campus 236 involving multiple buildings under common ownership where one or more of the uses will be 237 generating demand for parking when the other use or uses are not in operation, the applicant 238 shall present a campus parking plan as a part of the site development plan that includes an 239 analysis of the parking needs based on the provisions of section 3.8 of this article. 240 3.9 Adjustments to parking requirements. The planning commission or city planner, according to the 241 type of plan review required by appendix B, zoning, article 10, planning commission, may reduce, in 242 an amount not to exceed 50 percent, the number of parking spaces required when, in the opinion of the 20

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 9 of 10 243 commission, it has been demonstrated that the use is adequately served by transportation and parking 244 alternatives, including but not limited to: 245 (a) Site plan proposals within the downtown redevelopment target area, as described in 246 appendix C of the Dover Code of Ordinances, may be granted a 20 percent reduction in the 247 amount of off-street parking normally required, due to the availability of mass transit, 248 municipal parking and existing pedestrian amenities. 249 (b) Designated off-street parking reserved for car pools, van pools, and bicycle parking 250 facilities, in accordance with the following schedule: 251 (1) Each carpool space shall be equivalent to three standard parking spaces. 252 (2) Each vanpool space shall be equivalent to five standard parking spaces. 253 (3) Every group of five bicycle parking spaces shall be equivalent to one standard 254 parking space. 255 (c) Employer participation in a traffic-mitigation plan approved by the Delaware Department 256 of Transportation. 257 (d) Cash-in-lieu of parking contributions toward the capital construction or improvement of 258 municipal parking facilities that are proposed. The cash-in-lieu of parking contribution shall be 259 in a monetary amount equivalent to the estimated cost of construction for the number of 260 standard surface parking spaces for which the reduction is sought. To take advantage of this 261 option, the developer shall submit to the city engineer a cost estimate for the parking requested 262 to be waived. The city engineer shall examine the estimate for accuracy in current prevailing 263 costs of construction at the time of proposal and shall report to the planning commission 264 his/her findings. 265 (e) Proposals involving superior urban design which contribute to an enhanced pedestrian 266 environment and which include such features as pedestrian plazas and pocket-parks, 267 pedestrian-way connections with existing sidewalk systems and community facilities, park 268 benches and other street furniture, mass transit connections and shelters, and landscaping and 269 shade tree plantings. 270 In all areas, except the downtown redevelopment target area, the planning commission or city planner, 271 according to the type of plan review required by appendix B, zoning, article 10, planning commission, 272 may require the development plans to have an area of open space designated where parking could be 273 constructed less than or equal to the number being reduced. In such cases the plan shall bear a note 274 which explains that the petitioner, in accepting a parking reduction, agrees to construct such additional 275 parking as is otherwise required under the provisions of this appendix, if the planning commission, 276 after a hearing, determines that the reasons for granting said reduction no longer exist. In all such 277 instances where the planning commission determines that the reasons for granting a reduction no 278 longer exist, the owner of record for the subject property for which a reduction was previously granted 279 must construct the parking required to meet the regulations of the city during the next construction 280 season. 21

Item 2. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 10 of 10 281 3.10 Bicycle parking. Bicycle parking shall be provided for parking spaces at a rate of one bicycle 282 parking space for every 20 parking spaces or a fraction thereof. The planning commission may waive 283 the requirement for the bicycle parking if it is demonstrated that bicycle parking would not be 284 appropriate for safety reasons or due to the nature of the use of the site. 285 286 BE IT FURTHER ORDAINED: 287 288 That Appendix B – Zoning, Article 12 – Definitions be amended by inserting the text indicated in bold, 289 blue font in appropriate alphabetical order: 290 291 Live-work unit: A first floor business use, such as an office, studio, shop, café, service 292 establishment, personal service establishment, or other permitted use in combination with an 293 office and a dwelling unit located above such place of business. A person or persons other than the 294 proprietor of the first floor business may occupy the dwelling unit portion of a Live-work unit. 295 296 297 298 ADOPTED: * 299 300 301 SYNOPSIS 302 This is a series of text amendments to the Zoning Ordinance provisions of the C-2 (Central Commercial 303 Zone) and related development provisions. These amendments revise the permitted uses and the 304 conditional uses, add design standards, and revise the bulk standards for height and floor area ratio 305 (FAR) of the C-2 (Central Commercial Zone). There are proposed revisions to other sections of the 306 Zoning Ordinance related to parking requirements and Dumpsters. These text amendments are offered 307 for consideration as part of the implementation of the Transforming Downtown Dover: Capital City 308 2030 (Transforming Downtown Dover) Plan. 309 310 (SPONSORS: *) (INITIATION BY THE CITY PLANNER) 311 312 313 Actions History: 314 1/9/2024 - Introduced at Council Committee of the Whole/Legislative Finance, and Administration 315 Committee 316 22