Board of Adjustment Paperless Packet

CITY OF DOVER, DELAWARE BOARD OF ADJUSTMENT MEETING Thursday, June 20, 2024 at 9:00 AM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA IN-PERSON & VIRTUAL MEETING The Board of Adjustment Meeting for June 20, 2024 will be held in City Chall Council Chambers. The public is welcome to attend in person. The Meeting will also be provided as a Virtual Meeting using Webex, an audio/video conferencing system as an electronic means of communication. See the participation information below to join by phone or computer. PUBLIC PARTICIPATION INFORMATION To Attend City of Dover Board of Adjustment Meeting of June 20, 2024 Join by Phone: Dial 1-650-479-3208 Access Code: 253 864 72892 Password for Phones: 36837262 Join Online https://bit.ly/BOA6202024 Webinar Number: 2538 647 2892 Webinar Password: DoverBOA If you are new to Webex, get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736-7196. Written comments are accepted via mail to City of Dover – Board of Adjustment, P.O. Box 475 Dover, DE 19903 and via email at CompPlan@dover.de.us. WELCOME ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES 1. Adoption of Meeting Minutes of October 18, 2023 COMMUNICATIONS & REPORTS 1

BOARD OF ADJUSTMENT MEETING - June 20, 2024 PAGE 2 Meeting Reminder: The next Board of Adjustment Meeting date is Wednesday, July 17, 2024 at 9:00 AM. OLD BUSINESS NEW BUSINESS The following application has been filed for Review and Public Hearing before the Board of Adjustment. 2. V-24-01 Legislative Hall Parking Garage Project - Legislative Hall Parking Garage Project proposes redevelopment of the property for construction of a three-story Parking Garage and other site improvements with portions of the existing surface parking lot and an office/credit union building to remain. The project has requested variances from the Zoning Ordinance, Article 5 Section 11.21 pertaining to development within the Flood Hazard Area (1% Annual Chance Flood/100-year floodplain). Variance Request 1 is to decrease the required reduction of the impervious surface area of the predevelopment conditions on the lot from 15% to 5% (Article 5 Section 11.211a). Variance Request 2 is to recognize that 48.7% of the lot is within the flood hazard area which is greater than 33% that allows Planning Commission consideration of reductions in impervious surfaces (Article 5 Section 11.211b). These Variance Requests would allow for some project development within the Flood Hazard Area. The 5.28 acre +/- property is zoned IO (Institutional and Office Zone) and is subject to H (Historic District Zone). The property is located at the southeast corner of Martin Luther King Jr. Boulevard South and East Avenue/E. Water Street. The owner of record is the State of Delaware - OMB: Division of Facilities Management. Property Address: 425 East Avenue and existing building addressed as 150 E. Water Street. Tax Parcel: ED-05-077.10-01-02.00-000. ADJOURN Posted Agenda: June 12, 2024 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 BOARD OF ADJUSTMENT MINUTES October 18, 2023 A Regular/Hybrid Meeting of the City of Dover Board of Adjustment was held on Wednesday, October 18, 2023, at 9:00 A.M. in person in the City Council Chambers and using the phone/videoconferencing system WebEx. Member’s present were Chairman Sheth, Mr. Keller and new member Mr. Wagner. Mr. Senato and Ms. Warren were absent. Staff members present were City Solicitor Mr. Rodriguez, Mrs. Savage-Purnell, Mrs. Melson- Williams, and Ms. Katherine Oehmke. Assistant City Manager Mrs. Sharon Duca observed the meeting. Welcome Mr. Clarence Cobaugh Wagner II is the new Board of Adjustment member as appointed October 9, 2023, for a Three-Year Term to expire July 2026. Chairman Sheth briefly mentioned the discussion of the last meeting regarding no longer providing a hybrid meeting/video conference and people attending in person and those who cannot attend in person. He mentioned that it was post-pandemic. He mentioned that Sussex County no longer has the hybrid format. He also mentioned removing Virtual Meetings/video conference from the agenda. Chairman Sheth asked members in attendance of their thoughts. Mr. Keller stated that he agreed as well as Mr. Wagner. APPROVAL OF AGENDA Chairman Sheth made a motion to adopt the agenda without or dropping or omitting the video conference for public hearing. All were in favor by acclamation to accept the omitting of a video conference for public hearing. APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF SEPTEMBER 20, 2023 Mr. Keller moved to approve the meeting minutes of September 20, 2023, with the necessary corrections. The motion was seconded by Mr. Wagner unanimously carried 3-0. Mr. Senato and Ms. Warren were absent. Chairman Sheth asked if there was a meeting next month. COMMUNICATIONS & REPORTS Mrs. Melson-Williams mentioned the regularly scheduled meeting for the Board of Adjustment is November 15, 2023, with a 9:00 am start time in the City Council Chambers and with a virtual format. I don't believe at this point that we have any applications that have been filed unless the 3

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 filing deadline is Friday of this week. We'll confirm that for you as to whether you will be meeting in November, but at this point please keep it as a tentative date on your calendar. Chairman Sheth asked Mr. Rodriguez a question regarding the position of the Vice Chairman. He mentioned that Colonel Ericson had resigned and has been replaced by Mr. Wagner. He wanted to know if they should elect a Vice Chairman today because it is very likely that he (Mr. Sheth) will be out of country next month and in any case if we have a meeting in November, we like to decide the chair. Can we have an election now or do we have to wait until the meeting adjourns? Mr. Rodriguez replied to Mr. Chairman, I think you may have an election now if the Board so desires. Chairman Sheth mentioned since we have all three members present: myself, Mr. Keller, and Mr. Wagner, I have a proposal from the floor and logically make sense of it that I would suggest Mr. Keller’s name and asked Mr. Wagner if he had any questions. Mr. Wagner did not have any questions. Chairman Sheth made a motion to elect Mr. Keller as the Vice Chairman in absence of the Chairman. All were in favor by acclamation to accept Mr. Keller as the Vice Chairman. OPENING REMARKS CONCERNING APPLICATION Mrs. Dawn Melson-Williams, Principal Planner stated that the meeting today will be conducted in accordance with the agenda. There is one Variance application on the agenda under New Business. The Variance application file will be read, and the floor will be opened for questions of the applicant by the Board and for public testimony. The Board may consult with the City Solicitor to discuss legal matters. If the applicant must leave, they can contact the Planning Office at 736-7196 to learn of the Board 's decision. A formal notice of the decision will be mailed to the applicants. Approved variances expire after one year if the approved project has not moved forward or commenced. All public notice for the new application on this agenda was completed in accordance with Code requirements. The meeting agenda was posted in accordance with the Freedom of Information Act requirements. The advertisement was placed in the local newspaper. Mr. Keller asked regarding this upcoming case of V-23-05, there were several questions that he had. One generated initially from the lack of an application form within the packet. That form requires the owner submitting and on that application form affirming that in fact whoever signs that form is in fact the owner, affirming its ownership. With that not being packaged and noting clearly that the owner is cited as City of Dover, I understand that fully, but there is also listed an equitable owner of SLS Equity Partners. Within the public records a look at the PRIDE system clearly shows the City of Dover is the owner. The ownership is by deed transfer. Also, there is a recorded plot. The question comes up as to what extent is this equitable ownership as opposed to the ownership by the City of Dover. There's no indication as to whether it's by a contract of sale or some City/equitable owner agreement of some sort. That is what has raised the question because I can only in my recollection within the last 12-15 years, we had an occasion where a property tenant in fact filed a variance. The subject of that case pursued came to a variance hearing only to 2 4

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 find out that the variance was requested with absolutely no knowledge of the owner. It's my recollection that the Code Enforcement officers found the owner and he was totally unaware whatsoever of any variance being filed on his behalf even though he had properly been listed as an owner. So again, just for clarification, I would like to see at the outset of this as to the interest or ownership position of this equitable owner as opposed to the cited City of Dover fee holder. Chairman Sheth stated that this is his thirty second year with the Board of Adjustment. With the Garrison Farm we had only one case and we did not have to act on it because there was a mistake presenting the back door and the front door for Delaware State News. There was another case where we had the same question that you raised, and we had to call the equitable owner or a legal owner to sign the application. Mr. Rodriguez replied yes, I think the request is certainly appropriate. As he was reading the September 15, 2023 letter from Becker Morgan who's representing the applicant, I see the equitable owner there is mentioned. I think that what has just been handed to me well identifies the equitable owner, but we normally have that all the time and certainly we should have it. Maybe that will be brought out by the applicant when the applicant testifies today. Mr. Dave Hugg, City Manager, stated for clarification the City is the owner of Garrison Oak Business Park. City is in the process of selling ten (10) Lots that have not been previously sold. In this case, I believe we have an agreement or maybe a Letter of Intent, but I think it's an agreement of sale. We are in the process of selling this property to this applicant. They are not going to be tenants or anything of that nature. They're simply moving forward, kind of a parallel track going through the variance process while we go through the settlement process. I believe we are going go to settlement here in the next month or so to transfer the property. Chairman Sheth mentioned that by selling the Post Office and land he hopes that city taxes will go down. Mr. Hugg replied let's just say they may not go up. Chairman Sheth said that’s a good consolation. Mr. Keller asked just for clarification as Mr. Hugg said technically the City of Dover is the applicant on behalf of a pending sale. Chairman Sheth said Mr. Wagner this is your first lesson on the Board of Adjustment meeting because nobody had this experience than you are having today, right Mr. Keller. Mr. Keller replied not that he recalls. As you can see without the application signed, we would not be able to hear of the hearing. Thank you very much. NEW BUSINESS Application V-23-05 Lot 8 of the Garrison Oak Business and Technology Center at 451 Garrison Oak Drive. A request has been made for a variance from the requirements of Article 4 §4.16 of the Zoning Ordinance. The first Variance request is to reduce the setbacks as it relates to building height allowing a portion of the building to be up to 100 feet in height when only setback 88 feet (front yard) or 60 feet (side yard) from the property lines. The second Variance request is to allow an increase in the 3 5

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 maximum lot coverage from 65% to 71%. Subject property is zoned IPM-2 (Industrial Park Manufacturing- Business and Technology Center) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Property Address: 451 Garrison Oak Drive. The Tax Parcel ID is LC-05-068.00-02-08.00-000. The owner of the record is the City of Dover, and the equitable owner is SLS Equity Partners. Ms. Oehmke gave a summary presentation along with the required criteria of the Application request for a variance from the requirements of Article 4 §4.16 of the Zoning Ordinance to reduce the setbacks as it relates to building height allowing a portion of the building to be up to 100 feet in height when only setback 88 feet (front yard) or 60 feet (side yard) from the property lines and secondly, to allow an increase in the maximum lot coverage from 65% to 71%. The owner of the record is the City of Dover, and the equitable owner is SLS Equity Partners. Presentation Mrs. Melson-Williams noted that the Board of Adjustment received a Staff Review Report. Attached to that is a series of Exhibits numbered A through F which consists of a Zoning Location Map Exhibit to locate the property within the Garrison Oak Business Park. Exhibit B is the Applicant's written request letter and the responses to the four criteria you need to consider. There are two Site Plan exhibits. Exhibits C and D present information about the building restriction lines that are affected and then the impervious coverage. Exhibits E and F are two warehouse photo examples: first, an aerial view and then a close-up of the building to give a sense of how these cold storage facilities likely could be designed. It is noted that the legal notice for this application was published in the Delaware State News on October 6, 2023. The property owners within 200 feet of the subject site were notified by letter and the single property owner was the City of Dover. So that notification letter went to the City Manager's Office as all properties in that 200 feet are currently owned by the City of Dover. Some of them are in a tenant lease situation. In accordance with the established procedures, public notice was met. The applicant is not the property owner as we've noted there is an equitable owner that's in play here. The City of Dover is the current owner of the subject site. Representative: Mr. Jonathan Street, Becker Morgan Group. Mr. Jonathan Street was sworn in by City Solicitor Mr. Rodriguez. Chairman Sheth stated that the Board takes the case on exceptional hardship. So, if you focus on that when presenting for the Board members; what really the hardship is and if not able to approve then what would be different or what would be the impact. The second thing is the height. You must also have requirements for the Air Force Base for only so much height. You cannot have more because of being next to the Air Force Base or not; is it true? Mr. Street asked do you mean for aircraft clearance? Chairman Sheth mentioned for the height of the building. Mr. Street mentioned that there is a separate process with the Site Development Plan process where when you have buildings of a certain height then you have to go through the FAA (Federal Aviation Administration) and that kind of ties all of that with the Air Force Base. Chairman Sheth asked so I don't need to worry about it because you have to go through the Air 4 6

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 Force Base. Mr. Street replied yes, that will be handled by Staff through the Site Development Plan process. Chairman Sheth asked so if they don't approve you cannot do it, am I right? Mr. Street replied correct, this is for the variance to build the building. Staff and the Site Development Plan process will approve the Site Development Plan for building the building and everything associated with it. Chairman Sheth mentioned he understood, but we used to have a rule. When the old Sheraton Inn was built, there was a special permit that you had to be within 200-feet and then FAA approval and then after that things changed. Chairman Sheth asked Mrs. Melson-Williams if this was right. Mrs. Melson-Williams mentioned what Mr. Street shared is there likely is a process related to dealing with the FAA perhaps during construction for use of any type of cranes or the actual build out of the building. There's consideration given to the proximity of such a structure to active airports in the area. One of those perhaps is the Dover Air Force Base. There was also in the vicinity a private airport but there is a separate regulatory process for that. That would be part of any Site Development Review process. Today we are here for the Board of Adjustment for the variance request. Chairman Sheth mentioned that he asked the question because no matter if the Board approves or disapproves the variance regarding the height because the final say so in the case is the Air Force Base or the FAA according to Mrs. Melson-Williams. Mr. Street said correct. Chairman Sheth said we don't want to do so much digging in. Mr. Street mentioned that this just gives us the ability to propose the building that we want to propose. Chairman Sheth mentioned that he agreed with Mr. Street, but he was just saying that because we have two variances: one is for the height and the other is for the Area Variance. Before you decided to purchase this land, I'm sure you were aware of the size of the lot and the size of your building and whatever you want to do with it. You thought it was absolutely necessary and that's what Board members like to know of what is really absolutely needed. Mr. Street mentioned that he plans on going through all of that. Chairman Sheth mentioned thank you very much. Mr. Keller commented that the paperwork involved notes that the Planning Staff does remind the applicant of compliance needs with Federal Aviation Administration, State and other associated aeronautics related height restrictions, obstruction marking, and lighting standards for during construction and for the actual building. So, the Planning Staff has in fact reminded the applicant of that. Mr. Street stated that all of this happens in Step 2; this is Step one. Step 2 is when we go through a months’ worth of back and forth with Mrs. Melson-Williams and other agencies and we come together and formalize that plan. That's Step 2; this is step one. That will all happen, I promise you that. Presentation Mr. Street (using a Power Point Presentation) stated that Garrison Oak Technical Park is on the east side of Route 1. This is kind of an aerial showing you exactly where it is. The Garrison Oak, I think it's called the Calpine gas fired power plant, is directly across the street from us (the little star on the map there). Solar Sun Park is out there as well as Uzin Utz. And Advantech now 5 7

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 operates their facility out of there. So, that's where the site is. Here is an aerial view showing you exactly where the property is. You can see the Sun Park to the left and directly across the street is the Energy Center which is a gas fired power plant. They have been operating now for roughly 10 years. The first variance that we are requesting today stipulates the parcels with an IPM-2 (Industrial Park Manufacturing-Business and Technology Center) Zoning doesn’t contain a physical building setback or a maximum height on the building. They set the height of the building. What they say is that the setbacks from the side or rear property line minimum is 40 feet, but the maximum setback is set by the building height itself. The building can't be any closer to the property lines than the building is tall. This is a Site Plan of what we've got planned thus far. Again, we are in the preliminary stages but that large box in the center is the proposed building itself and the red areas around the outside are where the 100 feet can't be met. So, that building in that box for the most part in general will be straight up 100 feet tall and those red areas are where we don't meet it currently. The City, County, and State all set basically 4 criteria for requesting variances. The first two, the nature of the zone and the character of uses in the immediate vicinity are the same for both variances. The subject site is located in the IPM-2 zone and it is a technology center business park; it is appropriately zoned. For the character and uses in the immediate vicinity, what we're proposing is a cold storage basic regional distribution center. It's in keeping with the neighborhood itself. It is a more industrial use compared to its neighbors. We’ve got a solar farm and gas fired power plant, Uniz Utz who is a flooring manufacturer, and Advantech is operating an office at the business park itself. The last two (criteria) are really what we are going to focus on and that's whether the removal of the restriction would adversely affect the neighboring parcels and for this one we're talking about height. We would submit if the height was granted and we're able to build the 100-foot box let's just say, we would not have an adverse effect on the directly adjacent Lot 9. The building set back currently we are asking for I believe is 60-feet from that property line. The City itself owns Lot 9. Lot 9 is further encumbered by both City of Dover sewer easements and that green line that you see there was actually floodplain. They cannot build within that floodplain. So, even if Lot 9 is purchased and someone wants to build a building on it, those buildings will still be roughly almost 270 feet or almost 300 feet apart from each other. Building a taller structure on our property isn't going to adversely affect Lot 9. Similarly, Lot 3 has the same setbacks, but they've got the same problems as well. They've got a flood line and water towers there. We would not adversely impact the two direct neighbors. Similarly across the street, the Garrison Energy Center currently has roughly a 100-foot stack on it as well. It's not like this hasn't been built out there before. We have a 100-foot stack across the street. The fourth criteria is whether failure to remove the restriction would adversely impact us or what the hardship is on our property. What we're saying today is that these cold storage facilities use this 100-foot clear space for more automized operations for cold storage. They have found the most efficient way for these “packing facilities” if you will. Everything is delivered to them, they store it, and then they distribute it out to the region itself. I believe it's a 76 or 78 foot clear for all their racks that they have and some of it is automated. They have some lower regular 40–50-foot storage area, but this 100-foot is a magic number for the industry. This happens all across the country. They're looking to build one here which would be great for the Peninsula itself because it acts almost like a hub for everything to then be distributed down south throughout the Peninsula itself. If this was removed and if we were encumbered by the 100-feet or if we were 6 8

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 not able to build 100-feet, it would primarily prevent the building from being constructed. They need these large facilities for their use. This is an example of a Dole cold storage facility down in Georgia. This is just kind of an example of almost like a massing example of the buildings themselves. They are large buildings and then this is one that was retrofitted with this 100-foot clear storage that you can see in the center. There is an office component and there is a distribution component for the trucking and the docking facilities, and then the larger component is the 100-foot cold storage area. The second variance that we are requesting is a maximum lot impervious variance. The IPM-2 zone restricts it to 65%. I think we're asking for 71%, an increase of 6%. Garrison Oak was developed where as the stormwater management is essentially managed for all the parcels up to 65%, which means we could come in, buy a parcel, and put 65% worth of parking lots, buildings, and any other impervious area on the facility. The only thing that from a development standpoint we have to manage is the small quality storm. All the volume of the larger storms is already managed and was developed in the original layout and construction of the Park itself. Again, going through the four criteria: the nature of the zone, it's an IPM-2 zone, and it's appropriately zoned. The character in the vicinity again this is more of an industrial use and it's in keeping with the neighborhood. The last two we're going to focus on is whether the removal of the restriction would seriously affect any of the neighboring properties. As previously explained, the 6% increase on the impervious wouldn't adversely impact the neighboring properties because if we go above the 65% on impervious, we have to manage the stormwater on site. That's already known and accounted for. We'll have to manage that extra volume anyway. Again, that approval will not only go through the City but that will be handled by the Kent Conservation District as well which will hold us to it. We are not going to adversely impact the neighbors because we'll have to manage that on site anyway. The fourth one is failure to remove the restriction is basically what's the impact on us and what's the impact on the lot itself. We are talking about 6%, it's a couple thousand square feet and what we're trying to balance right now is the primary use of these facilities is for large interstate trucks. These large interstate trucks need a lot of room to turn and maneuver and part of it is parking. Here is also the Kraft factory. The large parking lot in the south part is used for nothing but trailer storage for their trucks. That is what we're trying to balance right now with the site. We have an application to the City of Dover Planning Commission where we're requesting a 50% parking waiver because we don't need as much as the City code requires for normal car parking for office staff and warehouse. We don't need that much, what we need is trailer storage. We need trailer storage and the ability for the trucks to be able to maneuver on the site itself. So, that's just a good example of how much trailer storage these facilities take up. Again, this is the Dole facility in Georgia. If you look down to the bottom picture itself, you've got a large concrete parking area that is just for trailer storage. Whether it is used all the time or not, it's what they need for the facility to operate itself. This is a new cold facility that is out of Washington. You can see the kind of massing that these buildings have. It's a 100-feet clear storage in that large box followed by the lower story that is trucking and shipping and packing with some small office space in there as well. 7 9

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 The next slide is an actual rendering of the building that we are proposing. You can obviously see that we got loading docks, car storage, and trailer storage. The difficulty with the 6% overage on the impervious is really for truck maneuverability and trailer storage. If we're not able to get that 6% we're impacted because we are further reducing the trailer storage and/or we have to make changes to the truck maneuvering which is not what we'd like because we'd like to have the room for the truck and safety to allow them their proper maneuvering. There's a little bit more difficulty on our site as well. We are not able to put as much trailer storage in a more efficient manner because remember we are encumbered by that floodplain as well. So, we can't build anything on the floodplain itself. We are kind of pinched in somewhat of an odd, shaped parcel itself. We can't quite design some of these things as efficiently as we like. If you saw some of the trailer storage, it is angled so that we can maximize the trailers on the property itself. Mr. Street also mentioned that one of the difficulties that we do have on the site is that it is a pie- shaped or double frontage lot. We have the difficulties that we've got the double front setbacks on the property. We also got City sewer and stormwater encumbering the front of our property. It restricts us as to what we can do and how we can put the building and all the site improvements on the site in a more efficient manner. We are encumbered by a lot of utilities and easements up front. Mr. Street asked if there were any questions. Chairman Sheth asked if this was a Georgia based company? Mr. Street replied no, those were just other examples of cold storage facilities located throughout the country. The one here in Dover is not a Georgia based company, though the images were. Chairman Sheth asked Mr. Street where his company was from and if they were local? Mr. Street replied the company was out of New Jersey. Chairman Sheth mentioned that Becker Morgan is heavily involved in all this kind of work and it is greater demographic change. For example, say you are applying today for a variance and in the future more and more industry will come that way or you see a change like in the example of Scarborough Road. Chairman Sheth mentioned, I'm just asking to input if this Board will probably face this kind of situation. Many times, we have to recommend to the City because there are a possibility of some ordinances we may have to change for future industry so they don't have to face hard challenges. Mr. Keller mentioned after overcoming the first hurdle of who owns the property and who are you, the presentation and I think your position is well taken with the various things. Regarding the 65 to 71 percent, you will be obligated and will as you say be controlling and maintaining your overflow of surface drainage. Additionally, there's a very good comment about the impact of the height of the building. By not expanding out you do increase the vertical height in a far less damaging way than otherwise taking up more ground coverage. One thing that is important to us is to note that there are subsequent obligations on your part if there's an approval today with the follow-through with the Planning Commission, etc. 8 10

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 Again, the notations regarding any obligations of the Federal Aviation Administration, etc. regarding the height and clearances. Mr. Wagner mentioned that he had read the reports. I have to say that the input Staff made was impressive. The presentation that your company made is impressive. I'm impressed. One thing that I want to reiterate is the variance only begins the process, does it not correct? Mr. Street replied correct. Mr. Wagner mentioned in other words, if we run into issues with building heights and the FAA, these will all be taken care of by a separate agency. Mr. Street replied certainly, yes. Chairman Sheth questioned if there was any member present who had a conflict of interest and there was none. Chairman Sheth opened the public hearing. Mr. Zachary Prebula was sworn in by City Solicitor Mr. Rodriguez. Mr. Zachary Prebula, Business Developer, Kent Economic Partnership/Economic Development Organization for Kent County. Mr. Prebula stated we (KEP) recently commissioned the Rockport 2.0 study which identified the target industries for Kent County in Dover. Among these industries the study highlights the critical role that warehousing and logistics plays in the Dover economy. Through our office, we have seen numerous requests for these large warehousing logistics centers and unfortunately right now our inventory does not meet these demands. By approving these variance requests, this will allow Dover to attract and accommodate these large essential projects. We firmly believe these requests are instrumental in positioning Dover to thrive in the warehousing and logistics sector. We respectfully urge the Board to approve these two variances. Thank you for your time and consideration. Chairman Sheth asked if this project will encourage highly paid employment. Mr. Prebula replied the employment would be all based on what company comes in and uses the space. Chairman Sheth asked what the average would be. Mr. Prebula replied I can't speak to that. Chairman Sheth asked if there was anyone else who would like to speak in favor of the project. There was no one else wishing to speak. He asked if there was anyone who would like to speak against the project and there was no one wishing to speak. Chairman Sheth closed the public hearing after seeing no one else wishing to speak (online or in the meeting room). Chairman Sheth questioned if there was any additional correspondence or suggestions for the record. There was no additional correspondence. 9 11

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 18, 2023 Mrs. Melson-Williams noted that a representative of the potential equitable owner did join us online. We have Ms. Shira Weisz who has joined us if you had any questions as part of the applicant’s presentation today. I'm sure she would be available to make comments. Ms. Shira Weisz was sworn in by City Solicitor Mr. Rodriguez. Ms. Shira Weisz stated that I think that Jon did a fabulous job of presenting the project and our position on it. We are excited about this location, and we would look forward to bringing industrial development and attracting a large logistics center to Dover. We think it's well situated, and the approval of these variances would certainly widen the scope of the potential end users for the project. The pool of potential end users would become much larger, and this project would become attractive to much larger logistics companies such as New Cold, Americold, Lineage Logistics, etc. which as Jon has presented operate very large facilities with numerous pallet positions that become that much larger because of the extended height. The ability to be able to place those trailer parking spaces really is imperative to maximizing the site and designing it as efficiently and as attractively as possible. Chairman Sheth questioned if there was any member present who had a conflict of interest and there was none. Mr. Keller moved to approve variance application V-23-05 to reduce the setbacks as it relates to the building height allowing a portion of the building to be up to 100 feet in height when only set back 88 feet (front yard) or 60 feet (side yard) from the property lines. I move for acceptance of that initial variance request. The motion was seconded by Mr. Wagner and unanimously carried 3-0. Mr. Senato and Ms. Warren were absent. Mr. Keller moved to approve variance application V-23-05 of the second variance requested regarding the allowance of an increase in the maximum lot coverage from 65% to percent to 71%. The motion was seconded by Mr. Wagner and unanimously carried 3-0. Mr. Senato and Ms. Warren were absent. Mr. Keller made a motion to adjourn the meeting. It was seconded by Mr. Wagner at 10:00 A.M. and approved by consensus. Sincerely, Maretta Savage-Purnell Secretary 10 12

Item 2. City of Dover Board of Adjustment June 20, 2024 V-24-01 Title: Legislative Hall Parking Garage Project – Application for Variances Location: Southeast corner of Martin Luther King Jr. Boulevard South and East Avenue/E. Water Street Addresses: 425 East Avenue and existing building addressed as 150 E. Water Street, Dover, DE Owner: State of Delaware – OMB: Division of Facilities Management Tax Parce1: ED-05-077.10-01-02.00-000 Application Date: May 15, 2024 Present Zoning: IO (Institutional and Office Zone) H (Historic District Zone) Present Use: Existing Parking Lot and Office/Credit Union Building Proposed Use: Parking Garage Structure, Parking Lot Area, and Office/Credit Union Building Reviewed By: Dawn Melson-Williams, AICP, Principal Planner Variance Type: Area Variances Variances Requested: Variance Requests to allow some project development with the Flood Hazard Area. The project has requested variances from the Zoning Ordinance, Article 5 Section 11.21 pertaining to development within the Flood Hazard Area (1% Annual Chance Flood/100-year floodplain). • Variance Request 1 is to decrease the required reduction of the impervious surface area of the predevelopment conditions on the lot from 15% to 5% (Article 5 Section 11.211a). • Variance Request 2 is to recognize that 48.7% of the lot is within the flood hazard area which is greater than 33% that allows Planning Commission consideration of reductions in impervious surfaces (Article 5 Section 11.211b). 13

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 2 of 11 Project Description The property is located at the southeast corner of Martin Luther King Jr. Boulevard South and East Avenue/E. Water Street. The Legislative Hall Parking Garage Project proposes redevelopment of the property for construction of a three-story Parking Garage and other site improvements with portions of the existing surface parking lot and an office/credit union building to remain. A Site Plan set shows the project (See Exhibit E). The Applicant (State of Delaware) has requested variances from the Zoning Ordinance, Article 5 Section 11.21 pertaining to development within the Flood Hazard Area (1% Annual Chance Flood/100-year floodplain). Variance Request 1 is to decrease the required reduction of the impervious surface area of the predevelopment conditions on the lot from 15% to 5% (Article 5 Section 11.211a). Variance Request 2 is to recognize that 48.7% of the lot is within the flood hazard area which is greater than 33% that allows Planning Commission consideration of reductions in impervious surfaces (Article 5 Section 11.211b). These Variance Requests would allow for some project development within the Flood Hazard Area. The new building (Parking Garage Structure) would be subject to a separate Site Development Plan review process with the Planning Commission. The project was reviewed by the Historic District Commission on May 16, 2024 for a recommendation on Architectural Review Certification for construction activities (architectural style, design, appearance, etc.) in the Historic District. See the Applicant’s description of the project given below (excerpt from their narrative submission). Applicant’s Description Project Background Information: The project is located at the corner of Water Street and Martine Luthe King Boulevard within the City of Dover limits, Kent County, Delaware. The existing site contains a three-story brick building with attached canopy that is approximately 10,536+/- S.F. The site also contains a striped parking lot with a capacity of 150 spaces. The proposed development of the site consists of a new 133,776+/- three-story parking garage that will accommodate 338 parking spaces for public and private use. As shown on the plan, the existing parking lot will be removed, and the proposed parking garage will sit in a portion of the footprint. The remaining existing footprint will become pervious asphalt. This area will contain parking for Capital police and will house a proposed generator that will serve the parking garage as well as Legislative Hall. Property and Adjacent Properties: Zoning and Land Use The 5.28 acre +/- property is zoned IO (Institutional and Office Zone) and is subject to the H (Historic District Zone). The initial Building (now offices and credit union) and the surface parking lot on the property were constructed in the late 1950s-early 1960s (in place by 1961). The more recent applications at this site were for the expansions of the OMB/DFM DFCU surface parking lot in 2005 and 2006. Applications (HI-07-01 and S-07-19) in 2007 involved the Del-One Credit Union Drive-thru Expansion to the four lanes, an ATM, and a canopy. This subject property location at the corner of East Avenue/E. Water Street and Martin Luther King Jr. Boulevard South is part of the Capital Complex where multiple State buildings and offices are located. The Del-One Credit Union Building with its drive-thru is located south of the 14

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 3 of 11 project site but on the same property. Across the street to the north is Legislative Hall and to the west across the street is the Tatnall Building (offices). Surrounding properties are zoned IO (Institutional and Office Zone) with other open space areas like the Legislative Mall area zoned ROS (Recreational and Open Space Zone). The surrounding properties on the west side of the St. Jones River are also within the H (Historic Zone). The eastern property line of the property is the St. Jones River. The eastern portions of the property are located within the Special Flood Hazard Area (100-year floodplain/ 1% Annual Chance Flood) where development and impervious surface is limited by the provisions of the Zoning Ordinance. The 100-year floodplain location is labeled as FP-AE (Zone AE) in the applicant’s Site Plan set. The information on the Flood Hazard Areas (floodplain areas) is shown on FEMA FIRM Panel 10001C167H effective May 5, 20023 and Panel 10001C169J effective July 7, 2014. See Exhibit D for the National Flood Hazard Layer FIRMette. A series of Map Exhibits (Exhibit B-D) prepared by Staff is attached to this Report. It shows the subject property’s location and the surrounding zoning and the Special Flood Hazard Areas. Code Citations IO (Institutional and Office Zone) The subject project area is zoned IO (Institutional and Office Zone). Zoning Ordinance, Article 3 Section 10 lists the permitted uses, conditional uses, and other provisions of the IO zone. The IO zone allows the use for public and institutional building and makes the development subject to provisions of regulations the IO zone. A parking structure would be considered an allowable use. H (Historic District Zone) The entire project site is located in the H (Historic District Zone) and subject to the provisions of the Zoning Ordinance, Article 3 §21 and referenced sections. Zoning Ordinance, Article 10 §3.2 outlines the review process for Architectural Review Certification and related building height, bulk, and setback standards for development in the Historic District. Regulations for Flood Hazard Areas (Floodplains) Compliance with the floodplain provisions of the Zoning Ordinance is required. The access drive to the remaining/redeveloped portion surface parking lot area appears to be planned within the Special Flood Hazard Area. The Zoning Ordinance limits development in the Special Flood Hazard Area (100-year floodplain) with the standards as found in Zoning Ordinance, Article 5 Section 11. The two standards in Zoning Ordinance, Article 5 Section 11.211a and b are the two variances requested. Article 5 Section 11. – Environmental Protection 11.1 Purpose. The purpose of this section is to protect public health and safety by ensuring that environmental standards for water, air, and soil in the City of Dover adequately address current practices in the realm of environmental protection. Further, it is the intent of this section to protect environmentally sensitive land as well as the plants and animals that reside on that land. 11.2 Environmentally sensitive areas and scarce resources. All land areas which contain one of the following natural features or combination of these features shall be considered to be an environmentally sensitive area or an area of scarce resources subject to specific requirements for environmental protection and conservation: flood hazard areas, steep 15

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 4 of 11 slopes, water bodies and wetlands, wet soils, woodlands, significant wildlife habitats, prime agricultural soils, designated scenic areas, and natural areas and nature preserves identified in the comprehensive plan. 11.21 Flood hazard areas. All flood hazard areas shall remain as natural open space, except for the construction of roads authorized by the City of Dover and/or the Delaware Department of Transportation. a) For the purposes of this section, natural open space is defined as an area of land that excludes buildings, structures, and impervious surface from being constructed on or located within the area. For evaluating flood hazard areas, patios, cement slabs, sidewalks, and other similar constructs are considered to be structures and are similarly prohibited. 11.211 Redevelopment. Existing uses or buildings located within a flood hazard area are considered to be nonconforming structures and are subject to the following requirements if redevelopment occurs on properties within the flood hazard area. a) Nonresidential uses existing in a flood hazard area seeking to redevelop a property under the requirements of Appendix B—Zoning, Article 10—Planning Commission, are required to reduce impervious surfaces for the lot by 15 percent from the preredevelopment conditions. b) For nonresidential uses where less than 33 percent of the total lot area is located within a flood hazard area, the planning commission may waive or reduce the amount of required reduction in impervious surfaces. For projects being reviewed under administrative site plan review, the city planner may waive or reduce the amount of required reduction in impervious surface for projects where less than 33 percent of the total lot area is located within a flood hazard area. c) New residential building construction or additions of impervious surface are not permitted in pervious areas of the flood hazard area. Additionally, the following definitions are part of the Zoning Ordinance: Flood hazard area: Land areas delineated on the Federal Emergency Management Agency's (FEMA's) Community Flood Insurance Rate Map as being within the limits of the 100-year floodplain, and any lands subsequently identified by FEMA as being within the limits of the 100-year floodplain as a result of any revision to the community flood insurance rate map approved by FEMA, or by issuance of a conditional letter of map revision issued by FEMA. Hazard areas: Areas subject to flood hazard, including alluvial soils, as defined and mapped by the Federal Emergency Management Agency. Where mapping from this source is not available, the Kent County soil survey shall be used to determine the extent of flood hazard areas. Impervious surfaces: "Impervious surfaces" are those that do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt shall be considered "impervious surfaces" within this definition. In addition, other areas determined by the engineer to be impervious within the meaning of this definition will also be classed as "impervious surfaces." 16

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 5 of 11 Lot coverage: The percent of a lot which is covered, or planned to be covered, with impervious surfaces. [The term] "lot coverage" shall include off-street parking areas and driveways, but not public streets. Applicant’s Proposed Project and Variances Requested The Applicant has submitted a Site Plan Set (Exhibit E). These plans/drawings depict the proposed demolition activities, building placement, and other site improvements as currently proposed. Also included are the locations of the Flood Hazard Areas (Floodplain) and the associated lot area and impervious surfaces. The Variance Requests are to allow some project development with the Flood Hazard Area. The project has requested variances from the Zoning Ordinance, Article 5 Section 11.21 pertaining to development within the Flood Hazard Area (1% Annual Chance Flood/100-year floodplain). • Variance Request 1 is to decrease the required reduction of the impervious surface area of the predevelopment conditions on the lot from 15% to 5% (Article 5 Section 11.211a). • Variance Request 2 is to recognize that 48.7% of the lot is within the flood hazard area which is greater than 33% that allows Planning Commission consideration of reductions in impervious surfaces (Article 5 Section 11.211b). Exceptional Practical Difficulties Tests Zoning Ordinance, Article 9 §2 dictates the specific powers and duties of the Board of Adjustment with regard to granting variances. Specifically, the Board must determine: 2.1 Variance – The board shall have the authority to authorize variances from provisions of the Zoning Ordinance that are not contrary to public interest where the board determines that a literal interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical difficulties to the applicant. In granting variances, the board shall determine that the spirit of the Zoning Ordinance is observed and substantial justice is done. 2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk standards, signage regulations, and other provisions of the Zoning Ordinance that address lot layout, buffers, and dimensions. In considering a request for an area variance, the board shall evaluate the following criteria and document them in their findings of fact: (a) the nature of the zone in which the property lies; (b) the character of the immediate vicinity and the contained uses therein; (c) whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses; and (d) whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Review of Application As part of the Application, the applicant was asked to summarize how the requested variance relates to the above criteria. The applicant’s response along with a Staff assessment of the 17

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 6 of 11 application in accordance with the required criteria is provided below. The applicant provided responses to each variance request (Variance 1 and Variance 2). Variance 1 Variance Request 1: Variance from City of Dover Code, Appendix B, Article 11, Section 11.211a Variance Requested 1: Variance to not have a reduction of impervious surface area of 15% from existing conditions to proposed conditions. 1. The nature of the zone in which the property lies. Applicant Response: “The subject parcel is currently zoned IO (Institutional and Office). The current and proposed use is a permitted use within the IO zone.” Staff Response: The subject property is zoned IO (Institutional and Office Zone) and subject to the H (Historic District Zone). The IO zone allows uses for public and institutional buildings. The H (Historic District Zone) does not regulate use, but how development and construction activities are to occur to be in harmony with the neighboring structures and architectural character of the Historic District. Related to the Flood Hazard Area (floodplain), a portion of the property is located in floodplain Zone AE known as Special Flood Hazard Area (1% Annual Chance Flood/ 100-year floodplain) where there are additional restrictions and certain limitations and requirements for development/redevelopment. 2. The character of the immediate vicinity and the contained uses therein. Applicant Response: “The property currently holds 10,536± S.F. building with a parking facility that has 150 parking spaces. The existing building houses the Del-One credit union. The character of the area is in the historic district of the city. Various state buildings surround the site making the parking garage a much-needed facility as parking is limited when legislatures are in session.” Staff Response: This area is part of the Capital Complex where a number of State Office buildings, Legislative Mall (open space area), and Legislative Hall are located. There are some other office buildings to the southeast along East Water Street. The majority of the land area is owned by the State of Delaware. The eastern boundary of this property is the St. Jones River and includes open grass lawn areas and trees and other vegetation along the immediate banks of the river. The property slopes toward the St. Jones River. 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Response: “Removing the requirement of a reduction of the impervious area would not have an impact on neighboring properties. The proposed conditions will place the 18

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 7 of 11 parking garage within a portion of the existing impervious parking lot; the remaining portion of asphalt will be removed and replaced with a pervious pavement. The reduction from existing to proposed is 5%.” Staff Response: Planning Staff acknowledges that the neighboring State parcels are already developed or are zoned for open space. The eastern portion of this property is encumbered by a Special Flood Hazard Area (100-year floodplain) just as other parcels that have frontage along the St. Jones River. The proposed redevelopment areas on the property are located adjacent to the East Avenue/E. Water Street and Martin Luther King Jr. Boulevard South street network. And the improvements (access drive and parking lot area) are internal to the subject property located some distance from the adjacent properties. The project does propose a reduction in the amount of impervious surfaces within the Flood Hazard Area (floodplain area); the reduction is 5% rather than 15%. While project still proposes areas of pavement within the floodplain, their intent to utilize pervious paving materials would likely allow for the infiltration of water and not increase flood levels along the St. Jones River. Therefore, the requested variance should not impact neighboring lands. 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Applicant Response: “If the variance would not be approved, the proposed garage would hold fewer parking spaces for the constituents and legislatures of the state. Replacing the impervious pavement with a pervious pavement allows for a small reduction in lot coverage. The master plan for the Legislative Hall complex is to expand the existing Legislative Hall; with this expansion, 46 parking spaces are being eliminated. The parking garage is designed to include the eliminated spaces.” Staff Response: Planning Staff notes that based on review of the information submitted, the applicant has made efforts to minimize the amount of redevelopment in the Flood Hazard Area (100- year floodplain). The main building of the Parking Garage Structure is proposed to address parking space displacement in the nearby area and for future building additions to State facilities (i.e. Legislative Hall); the Parking Garage Structure is not within the Flood Hazard Area. While they are reducing the amount of impervious surface in the Flood Hazard Area (floodplain) as required for redevelopment by the Zoning Ordinance, the ability to provide some secure and services areas related to the building requires some development within the Flood Hazard Areas due to the available development area location on the property and the existing office/credit union building that will remain. Variance 2 Variance Request 2: Variance from City of Dover Code, Appendix B, Article 11, Section 11.211b. Variance Requested 2: Variance to have more than 33% of the lot within the floodplain. 1. The nature of the zone in which the property lies. 19

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 8 of 11 Applicant Response: “The subject parcel is currently zoned IO (Institutional and Office). The current and proposed use is a permitted use within the IO zone.” Staff Response: The subject property is zoned IO (Institutional and Office Zone) and subject to the H (Historic District zone). The IO zone allows uses for public and institutional buildings. The H (Historic District Zone) does not regulate use, but how development and construction activities are to occur to be in harmony with the neighboring structures and architectural character of the Historic District. Related to the Flood Hazard Area (floodplain), a portion of the property is located in floodplain Zone AE known as Special Flood Hazard Area (1% Annual Chance Flood/ 100-year floodplain) where there are additional restrictions on certain limitations and requirements for development/redevelopment. 2. The character of the immediate vicinity and the contained uses therein. Applicant Response: “The property currently holds 10,536± S.F. building with a parking facility that has 150 parking spaces. The existing building houses the Del-One credit union. The character of the area is in the historic district of the city. Various state buildings surround the site making the parking garage a much-needed facility as parking is limited when legislatures are in session.” Staff Response: This area is part of the Capital Complex where a number of State Office buildings, Legislative Mall (open space area), and Legislative Hall are located. There are some other office buildings to the southeast along East Water Street. The majority of the land area is owned by the State of Delaware. The eastern boundary of this property is the St. Jones River and includes open grass lawn areas and trees and other vegetation along the immediate banks of the river. The property slopes toward the St. Jones River. 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Response: “Removing the required 33% required would allow the state to develop the site for the parking garage within no adverse effect on the surrounding properties. The proposed parking garage is being placed in a portion of the existing footprint of the current parking lot.” Staff Response: Planning Staff acknowledges that the neighboring State parcels are already developed or are zoned for open space. The eastern portion of this property is encumbered by a Special Flood Hazard Area (100-year floodplain) just as other parcels that have frontage along the St. Jones River. The proposed redevelopment areas for the project are located adjacent to the East Avenue/E. Water Street and Martin Luther King Jr. Boulevard South street network. And the improvements (access drive and parking lot area) are internal to the subject property located some distance from the adjacent properties. This variance 20

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 9 of 11 request recognizes that a larger area (48.7%) of the subject lot is within the floodplain/Flood Hazard area in order to allow the Planning Commission to consider alternative impervious surface reductions. Therefore, the requested variance should not impact neighboring lands. 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Applicant Response: “With the current mapping of the floodplain, 48.7% of the lot is within the Floodplain AE. To reduce area to the required 33%, a flood study would be required to be performed. If the variance would not be approved, the study would cause a delay in the construction of the parking garage and lead to continued parking issues within the city.” Staff Response: The Planning Staff recognizes that the applicant has provided information on the location of the Flood Hazard Area on their subject property and made an effort to minimize the amount of redevelopment in the Flood Hazard Area (100-year floodplain) with their proposed project. The aspects of the project to be located in the Flood Hazard Area (floodplain) enhance the ability to provide some security and services areas related to the building. The location of these security and service areas requires some development within the Flood Hazard Area (floodplain) areas due to the available development area location on the property and the existing office/credit union building that will remain. The areas are proposed as an access drive and parking spaces but not buildings. Planning Staff does note that there is a process whereby a property owner may study the existing conditions of their land and the floodplain and seek a Map Amendment or Map Change to the FEMA designated Special Flood Hazard Areas. This Flood Study involves data collecting and engineering analysis which takes time and may not result in any changes to the location of the floodplain/flood hazard area on the property. Variance Recommendations Staff recommends approval of the Variance 1 and the Variance 2 that would allow for some project development within the Flood Hazard Area on this property at 425 East Avenue/150 E. Water Street based on the applicant’s response statements and our earlier findings outlined in this report and as noted below. Approval of Variance 1 would decrease the required reduction of the existing impervious surface area from 15% to 5% which the proposal appears to accomplish with its design. Approval of Variance 2 would recognize that the subject property contains a Flood Hazard Area of 48.7% as an existing condition and allow the Planning Commission to further evaluate and consider reductions in the impervious surfaces for the project as the design is refined in the Site Development Plan review process. Planning Staff finds that the development that taken steps to minimize the redevelopment in the Flood Hazard Area with the proposed location of the Parking Garage Structure outside of the Flood Hazard Area and also with the proposed use of pervious paving in areas of parking lot and 21

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 10 of 11 access drive in order to reduce that level of impervious surfaces in the Flood Hazard Area. A significant portion of the property will remain as open space with no development in the floodplain areas especially located along the St. Jones River. Advisory Comments to the Applicant • If granted, variances become null and void if work has not commenced within one (1) year of the date the variance was granted. At present there is no provision for extension. • If the requested variances are granted, the Applicant must still obtain the appropriate Site Development Plan and construction activity Permits approvals for construction of a Building on the property. A Site Development Plan for a building of this size requires an application and review process involving the Planning Commission. Contact the Planning Office to discuss steps for application submission. • The Applicant should be aware that whenever the Board of Adjustment denies an application for a variance, such application for a variance, or an application on the same property, which is substantially similar, shall not be accepted for reconsideration by the Board of Adjustment sooner than one year from the date of denial (Zoning Ordinance, Article 9 §3.8). • The project must also ensure compliance with the requirements of all codes related to construction within the Flood Hazard Area (100-year floodplain) including Dover Code of Ordinances, Chapter 50 – Floods. 22

V-24-01 Legislative Hall Parking Garage Project: Floodplain Variances, Dover DE Item 2. Board of Adjustment Report Page 11 of 11 GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A BOA Application Form 1 B Planning & Inspections View Map - Zoning Map 1 Exhibit (Staff) C Planning & Inspections View Map showing 1 Floodplains (Staff) D National Flood Hazard Layer FIRMette (Staff 1 using FEMA Map Service Center tool) E Applicant’s Written Responses: Narrative 2 F Site Plan set: 8 Sheets C100 Cover Sheet, C101 Legend, C102 Existing Conditional & Demolition, C103 Site Layout, C104 Construction Details, C105 Existing Site Breakdown, C106 Proposed Site Breakdown, C107 Fire Marshal Plan 23

City of Dover, DE Department of Planning and Inspections _______ Area Variance ✔ Item 2. P.O. Box 475, Dover, Delaware 19903 _______ Use Variance (302) 736-7010 Fax: (302) 736-4217 _______ Appeal www.cityofdover.com _______ Pre-App Date Board of Adjustment Application Application Information 150 W. Water Street, Dover, DE 19901 Property Address: ___________________________________________________________________________________ 2-05-077.10-01-02.00 Tax Parcel Number: _________________________________________________________________________________ State of Delaware Owner Name: ________________________________________________________________________________________ IO Property Zoning: _____________________________________________________________________________________ Variance from Appendix B, Article 11, Section 11.211a, reduction Variance (s) Requested: _____________________________________________________________________________ of impervious surface area of 15%, and Appendix B, Article 11, Section 11.211b: more _________________________________________________________________________________________________________ than 33% of the lot within the floodplain. _________________________________________________________________________________________________________ *Provide eight (8) copies of any survey, drawings, photos, site plan, etc. that may help support your application, and your response to the criteria. The criteria for a use variance and appeal are on the back of the form. Area Variance An area variance shall be evaluated on the following criteria: Please state how your request meets each of these four (4) criteria. 1. The nature of the zone in which the property lies; 2. The character of the immediate vicinity and the contained uses therein; 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses; and 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is permitted uses under the provisions of the zoning ordinance. Signature I Jennifer Coverdale ______________________________________________do affirm that I am the property owner on which the variance is sought and that all the information provided in this application is accurate to the best of my knowledge and belief. Director 5/15/24 _________________________________________________________________________________________________________________ Signature Title Date BOA Application. –Adopted 11-3-10 24

Planning & Inspections View Map Item 2. 6/12/2024, 9:41:01 PM 1:2,257 0 0.02 0.04 0.08 mi Dover_Boundary X, 0.2 PCT Annual Chance Flood Hazard: 500-year Floodplain Dover Floodplains X, 0.2 PCT Annual Chance Flood Hazard: 500-year Floodplain 0 0.03 0.07 0.13 km AE: 100-year Floodplain Parcels Outside Dover Maxar, Microsoft AE: 100-year Floodplain Dover Parcels AE, Floodway: Regulatory Floodway 25 City of Dover, Delaware - Planning Department USDA Agricultural Stabilization and Conservation Service | EarthData/PhotoScience Inc. | State of Delaware Department of Transportation and EarthData | EarthData International of Maryland | Sanborn Mapping Company | Digital Aerial Solutions, LLC | Surdex Corp | DelDOT | Maxar |

Planning & Inspections View Map - Zoning Item 2. 6/12/2024, 9:54:44 PM 1:2,257 Dover_Boundary 75 DNL C CZ 0 0.02 0.04 0.08 mi Tier 1 Secondary Wellhead Protection Area 80 DNL D Zoning Boundary Line 0 0.03 0.07 0.13 km Tier 2 Primary Wellhead Protection Area H Historic District Parcels Outside Dover SWPOZ Source Water Protection Overlay Zones - Tier 3 Excellent Recharge Areas COZ-1 Corridor Overlay Zone Dover Parcels Maxar, Microsoft Noise Zone Areas AEOZ Airport Environs Overlay Zone 65 DNL A APZ I 70 DNL B APZ II 26 City of Dover, Delaware - Planning Department USDA Agricultural Stabilization and Conservation Service | EarthData/PhotoScience Inc. | State of Delaware Department of Transportation and EarthData | EarthData International of Maryland | Sanborn Mapping Company | Digital Aerial Solutions, LLC | Surdex Corp | DelDOT | Maxar |

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Item 2. Applicant: Legislative Hall Parking Garage Variance Request 1: Variance from City of Dover Code, Appendix B, Article 11, Section 11.211a Variance Requested 1: Variance to not have a reduction of impervious surface area of 15% from existing conditions to proposed conditions. Project Background Information: The project is located at the corner of Water Street and Martine Luthe King Boulevard within the City of Dover limits, Kent County, Delaware. The existing site contains a three- story brick building with attached canopy that is approximately 10,536+/- S.F. The site also contains a striped parking lot with a capacity of 150 spaces. The proposed development of the site consists of a new 133,776+/- three-story parking garage that will accommodate 338 parking spaces for public and private use. As shown on the plan, the existing parking lot will be removed, and the proposed parking garage will sit in a portion of the footprint. The remaining existing footprint will become pervious asphalt. This area will contain parking for Capital police and will house a proposed generator that will serve the parking garage as well as Legislative Hall. 1.) The nature of the zone in which the property lies: The subject parcel is currently zoned IO (Institutional and Office). The current and proposed use is a permitted use within the IO zone. 2.) The character of the immediate vicinity and the contained uses therein: The property currently holds 10,536± S.F. building with a parking facility that has 150 parking spaces. The existing building houses the Del-One credit union. The character of the area is in the historic district of the city. Various state buildings surround the site making the parking garage a much-needed facility as parking is limited when legislatures are in session. 3.) Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses: Removing the requirement of a reduction of the impervious area would not have an impact on neighboring properties. The proposed conditions will place the parking garage within a portion of the existing impervious parking lot; the remaining portion of asphalt will be removed and replaced with a pervious pavement. The reduction from existing to proposed is 5%. 4.) Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is permitted uses under the provisions of the zoning ordinance: If the variance would not be approved, the proposed garage would hold fewer parking spaces for the constituents and legislatures of the state. Replacing the impervious pavement with a pervious pavement allows for a small reduction in lot coverage. The master plan for the Legislative Hall complex is to expand the existing Legislative Hall; with this expansion, 46 parking spaces are being eliminated. The parking garage is designed to include the eliminated spaces. Variance Request 2: Variance from City of Dover Code, Appendix B, Article 11, Section 11.211b. 28

Item 2. Variance Requested 2: Variance to have more than 33% of the lot within the floodplain. 1.) The nature of the zone in which the property lies: The subject parcel is currently zoned IO (Institutional and Office). The current and proposed use is a permitted use within the IO zone. 2.) The character of the immediate vicinity and the contained uses therein: The property currently holds 10,536± S.F. building with a parking facility that has 150 parking spaces. The existing building houses the Del-One credit union. The character of the area is in the historic district of the city. Various state buildings surround the site making the parking garage a much-needed facility as parking is limited when legislatures are in session. 3.) Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses: Removing the required 33% required would allow the state to develop the site for the parking garage within no adverse effect on the surrounding properties. The proposed parking garage is being placed in a portion of the existing footprint of the current parking lot. 4.) Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is permitted uses under the provisions of the zoning ordinance: With the current mapping of the floodplain, 48.7% of the lot is within the Floodplain AE. To reduce area to the required 33%, a flood study would be required to be performed. If the variance would not be approved, the study would cause a delay in the construction of the parking garage and lead to continued parking issues within the city. G:\Projects\24002670.001A - Leg Hall Parking Garage\DESIGN\Correspondence\CityofDover\BoardAdjustment\AreaVarianceExplanation.docx 29

Item 2. 30

THE RECEIVER OF THESE PLANS BY HARD COPY OR ELECTRONIC TRANSMISSION BY USE THEREOF UNDERSTANDS AND AGREES AS FOLLOWS: *THE ELECTRONIC DATA TRANSMITTED ("DATA") MAY BE ALTERED DURING TRANSIT AND TRANSLATION. * JAED CORPORATION DO NOT WARRANT OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ACCURACY OF THE DATA. * THE RECEIVER WILL COMPARE THE DATA WITH AVAILABLE HARD COPIES. * JAED CORPORATION RETAINS ALL OWNERSHIP, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY INTERESTS IN THE DATA AND INFORMATION ON THE PLANS. * THE RECEIVER WARRANTS THAT IT WILL NOT REPRODUCE OR OTHERWISE MAKE USE OF THE DATA OR PLANS IN ANY ENDEAVOR NOT DIRECTLY RELATED TO THE PROJECT FOR WHICH IT WAS PRODUCED. * THE RECEIVER SHALL MAKE NO CLAIM NOR INITIATE ANY ACTION IN LAW OR EQUITY AGAINST JAED CORPORATION WITH RESPECT TO ANY DEFECT ERROR OR OMISSION IN THE DATA. * THE RECEIVER AGREES TO THE FULLEST EXTENT PERMITTED BY LAW TO DEFEND, INDEMNIFY AND HOLD HARMLESS JAED CORPORATION FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE) ARISING OUT OF OR RESULTING FROM THE USE OF ELECTRONIC DATA. FEATURE DESCRIPTION FEATURE DESCRIPTION FEATURE DESCRIPTION GRADING EXISTING EXISTING EXISTING DRAINAGE FEATURES MANMADE ROADSIDE FEATURES PROPOSED PROPOSED PROPOSED UDO UD SES RR FES P X MH JB DI C X X X X X X X X X ID ID FEATURE DESCRIPTION PAVEMENT SECTION(S) UTILITY FEATURES EXISTING PROPOSED FEATURE DESCRIPTION FEATURE DESCRIPTION FEATURE DESCRIPTION FEATURE DESCRIPTION FEATURE DESCRIPTION MISCELLANEOUS FEATURES SURVEY CONTROL & MONUMENTATION EROSION & SEDIMENT CONTROL FEATURES RIGHT-OF-WAY FEATURES EXISTING EXISTING EXISTING NATURAL ROADSIDE FEATURES PROPOSED PROPOSED PROPOSED PROPOSED FEATURE DESCRIPTION IDENTIFIERS ABBREVIATION SCHEDULE RM RM RM RM RL RL RL PC LS FF ED CDM CJB B BSSP BSP BMP A O A C AB AB XX TC O C PO O C XX XX C XX DND XX XX XX XX XX O C ID XX GENERAL NOTE: PROJECT SHEET NO. TCV DRAWN STATE OF DELAWARE THIS DRAWING IS THE PROPERTY OF STUDIOJAED SHEET TITLE CONSULTANT OMB/DIVISION OF FACILITIES MANAGEMENT OMB/DFM CONTRACT #MJ1002000071 AND IS PREPARED FOR THE EXCLUSIVE USE OF ITS CHK'D ARCHITECTS ENGINEERS FACILITIES SOLUTIONS DLD REVISIONS Website: www.StudioJAED.com Email: info@StudioJAED.com ARCHITECT / ENGINEER SEAL MAY 16, 2024 LEGEND LEGISLATIVE HALL PARKING GARAGE C101 CLIENTS AT THE LOCATION INDICATED. NO OTHER MARTIN LUTHER KING JR BLVD AND E WATER ST DELAWARE OFFICE PROVIDENCE OFFICE MARYLAND OFFICE 2500 WRANGLE HILL ROAD, STE. 110 42 WEYBOSSET STREET, STE. 403 213 FRONT STREET, P.O. BOX 254 23094 PROJECT NO. DOVER, DE 19901 BEAR, DELAWARE 19701 PROVIDENCE, RHODE ISLAND 02903 CRUMPTON, MARYLAND 216285 USE IS AUTHORIZED OR INTENDED. P: (302) 832-1652 P: (401) 648-0884 AGENCY SUBMISSION 31 Item 2.

Item 2. 32

THE RECEIVER OF THESE PLANS BY HARD COPY OR ELECTRONIC TRANSMISSION BY USE THEREOF UNDERSTANDS AND AGREES AS FOLLOWS: *THE ELECTRONIC DATA TRANSMITTED ("DATA") MAY BE ALTERED DURING TRANSIT AND TRANSLATION. * JAED CORPORATION DO NOT WARRANT OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ACCURACY OF THE DATA. * THE RECEIVER WILL COMPARE THE DATA WITH AVAILABLE HARD COPIES. * JAED CORPORATION RETAINS ALL OWNERSHIP, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY INTERESTS IN THE DATA AND INFORMATION ON THE PLANS. * THE RECEIVER WARRANTS THAT IT WILL NOT REPRODUCE OR OTHERWISE MAKE USE OF THE DATA OR PLANS IN ANY ENDEAVOR NOT DIRECTLY RELATED TO THE PROJECT FOR WHICH IT WAS PRODUCED. * THE RECEIVER SHALL MAKE NO CLAIM NOR INITIATE ANY ACTION IN LAW OR EQUITY AGAINST JAED CORPORATION WITH RESPECT TO ANY DEFECT ERROR OR OMISSION IN THE DATA. * THE RECEIVER AGREES TO THE FULLEST EXTENT PERMITTED BY LAW TO DEFEND, INDEMNIFY AND HOLD HARMLESS JAED CORPORATION FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE) ARISING OUT OF OR RESULTING FROM THE USE OF ELECTRONIC DATA. SITE NOTES: CURB SCHEDULE GENERAL SITE NOTES: BRICK POINT LAYOUT ASPHALT POINT LAYOUT 0' 20' PROJECT NORTH TRUE NORTH SCALE: 1" = 20' 40' CONRETE POINT LAYOUT BRICK POINT LAYOUT BUILDING POINT LAYOUT ASPHALT POINT LAYOUT (NAD 83) 60' PROJECT SHEET NO. TCV DRAWN STATE OF DELAWARE THIS DRAWING IS THE PROPERTY OF STUDIOJAED SHEET TITLE CONSULTANT OMB/DIVISION OF FACILITIES MANAGEMENT OMB/DFM CONTRACT #MJ1002000071 AND IS PREPARED FOR THE EXCLUSIVE USE OF ITS CHK'D ARCHITECTS ENGINEERS FACILITIES SOLUTIONS DLD REVISIONS Website: www.StudioJAED.com Email: info@StudioJAED.com ARCHITECT / ENGINEER SEAL MAY 16, 2024 LEGISLATIVE HALL PARKING GARAGE CLIENTS AT THE LOCATION INDICATED. NO OTHER C103 DELAWARE OFFICE PROVIDENCE OFFICE MARYLAND OFFICE SITE LAYOUT MARTIN LUTHER KING JR BLVD AND E WATER ST 2500 WRANGLE HILL ROAD, STE. 110 42 WEYBOSSET STREET, STE. 403 213 FRONT STREET, P.O. BOX 254 23094 PROJECT NO. DOVER, DE 19901 BEAR, DELAWARE 19701 PROVIDENCE, RHODE ISLAND 02903 CRUMPTON, MARYLAND 216285 USE IS AUTHORIZED OR INTENDED. P: (302) 832-1652 P: (401) 648-0884 AGENCY SUBMISSION 33 Item 2.

THE RECEIVER OF THESE PLANS BY HARD COPY OR ELECTRONIC TRANSMISSION BY USE THEREOF UNDERSTANDS AND AGREES AS FOLLOWS: *THE ELECTRONIC DATA TRANSMITTED ("DATA") MAY BE ALTERED DURING TRANSIT AND TRANSLATION. * JAED CORPORATION DO NOT WARRANT OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ACCURACY OF THE DATA. * THE RECEIVER WILL COMPARE THE DATA WITH AVAILABLE HARD COPIES. * JAED CORPORATION RETAINS ALL OWNERSHIP, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY INTERESTS IN THE DATA AND INFORMATION ON THE PLANS. * THE RECEIVER WARRANTS THAT IT WILL NOT REPRODUCE OR OTHERWISE MAKE USE OF THE DATA OR PLANS IN ANY ENDEAVOR NOT DIRECTLY RELATED TO THE PROJECT FOR WHICH IT WAS PRODUCED. * THE RECEIVER SHALL MAKE NO CLAIM NOR INITIATE ANY ACTION IN LAW OR EQUITY AGAINST JAED CORPORATION WITH RESPECT TO ANY DEFECT ERROR OR OMISSION IN THE DATA. * THE RECEIVER AGREES TO THE FULLEST EXTENT PERMITTED BY LAW TO DEFEND, INDEMNIFY AND HOLD HARMLESS JAED CORPORATION FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE) ARISING OUT OF OR RESULTING FROM THE USE OF ELECTRONIC DATA. 1 TYPICAL PERMEABLE PAVEMENT SECTION C104 SCALE: N.T.S. 2 CONCRETE PAD DETAIL C104 SCALE: N.T.S. 3 BRICK SIDEWALK DETAIL C104 SCALE: N.T.S. 4 PCC CURB TYPE 1-6 C104 SCALE: N.T.S. LEGEND 5 4" SIDEWALK DETAIL C104 SCALE: N.T.S. PROJECT SHEET NO. TCV DRAWN STATE OF DELAWARE THIS DRAWING IS THE PROPERTY OF STUDIOJAED SHEET TITLE CONSULTANT OMB/DIVISION OF FACILITIES MANAGEMENT OMB/DFM CONTRACT #MJ1002000071 AND IS PREPARED FOR THE EXCLUSIVE USE OF ITS CHK'D ARCHITECTS ENGINEERS FACILITIES SOLUTIONS DLD REVISIONS Website: www.StudioJAED.com Email: info@StudioJAED.com ARCHITECT / ENGINEER SEAL MAY 16, 2024 LEGISLATIVE HALL PARKING GARAGE CLIENTS AT THE LOCATION INDICATED. NO OTHER C104 MARTIN LUTHER KING JR BLVD AND E WATER ST DELAWARE OFFICE PROVIDENCE OFFICE MARYLAND OFFICE 2500 WRANGLE HILL ROAD, STE. 110 42 WEYBOSSET STREET, STE. 403 213 FRONT STREET, P.O. BOX 254 23094 PROJECT NO. DOVER, DE 19901 BEAR, DELAWARE 19701 PROVIDENCE, RHODE ISLAND 02903 CRUMPTON, MARYLAND 216285 USE IS AUTHORIZED OR INTENDED. P: (302) 832-1652 P: (401) 648-0884 AGENCY SUBMISSION CONSTRUCTION DETAILS 34 Item 2.

Item 2. 35

THE RECEIVER OF THESE PLANS BY HARD COPY OR ELECTRONIC TRANSMISSION BY USE THEREOF UNDERSTANDS AND AGREES AS FOLLOWS: *THE ELECTRONIC DATA TRANSMITTED ("DATA") MAY BE ALTERED DURING TRANSIT AND TRANSLATION. * JAED CORPORATION DO NOT WARRANT OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ACCURACY OF THE DATA. * THE RECEIVER WILL COMPARE THE DATA WITH AVAILABLE HARD COPIES. * JAED CORPORATION RETAINS ALL OWNERSHIP, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY INTERESTS IN THE DATA AND INFORMATION ON THE PLANS. * THE RECEIVER WARRANTS THAT IT WILL NOT REPRODUCE OR OTHERWISE MAKE USE OF THE DATA OR PLANS IN ANY ENDEAVOR NOT DIRECTLY RELATED TO THE PROJECT FOR WHICH IT WAS PRODUCED. * THE RECEIVER SHALL MAKE NO CLAIM NOR INITIATE ANY ACTION IN LAW OR EQUITY AGAINST JAED CORPORATION WITH RESPECT TO ANY DEFECT ERROR OR OMISSION IN THE DATA. * THE RECEIVER AGREES TO THE FULLEST EXTENT PERMITTED BY LAW TO DEFEND, INDEMNIFY AND HOLD HARMLESS JAED CORPORATION FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE) ARISING OUT OF OR RESULTING FROM THE USE OF ELECTRONIC DATA. OVERALL SITE BREAKDOWN 0' 30' PROJECT NORTH TRUE NORTH SCALE: 1" = 30' 60' (NAD 83) 90' FLOODPLAIN AE BREAKDOWN PROJECT SHEET NO. TCV DRAWN STATE OF DELAWARE THIS DRAWING IS THE PROPERTY OF STUDIOJAED SHEET TITLE CONSULTANT OMB/DIVISION OF FACILITIES MANAGEMENT OMB/DFM CONTRACT #MJ1002000071 AND IS PREPARED FOR THE EXCLUSIVE USE OF ITS CHK'D ARCHITECTS ENGINEERS FACILITIES SOLUTIONS PROPOSED SITE DLD REVISIONS Website: www.StudioJAED.com Email: info@StudioJAED.com ARCHITECT / ENGINEER SEAL MAY 16, 2024 LEGISLATIVE HALL PARKING GARAGE CLIENTS AT THE LOCATION INDICATED. NO OTHER C106 MARTIN LUTHER KING JR BLVD AND E WATER ST DELAWARE OFFICE PROVIDENCE OFFICE MARYLAND OFFICE 2500 WRANGLE HILL ROAD, STE. 110 42 WEYBOSSET STREET, STE. 403 213 FRONT STREET, P.O. BOX 254 BREAKDOWN 23094 PROJECT NO. DOVER, DE 19901 BEAR, DELAWARE 19701 PROVIDENCE, RHODE ISLAND 02903 CRUMPTON, MARYLAND 216285 USE IS AUTHORIZED OR INTENDED. P: (302) 832-1652 P: (401) 648-0884 AGENCY SUBMISSION 36 Item 2.

THE RECEIVER OF THESE PLANS BY HARD COPY OR ELECTRONIC TRANSMISSION BY USE THEREOF UNDERSTANDS AND AGREES AS FOLLOWS: *THE ELECTRONIC DATA TRANSMITTED ("DATA") MAY BE ALTERED DURING TRANSIT AND TRANSLATION. * JAED CORPORATION DO NOT WARRANT OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ACCURACY OF THE DATA. * THE RECEIVER WILL COMPARE THE DATA WITH AVAILABLE HARD COPIES. * JAED CORPORATION RETAINS ALL OWNERSHIP, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY INTERESTS IN THE DATA AND INFORMATION ON THE PLANS. * THE RECEIVER WARRANTS THAT IT WILL NOT REPRODUCE OR OTHERWISE MAKE USE OF THE DATA OR PLANS IN ANY ENDEAVOR NOT DIRECTLY RELATED TO THE PROJECT FOR WHICH IT WAS PRODUCED. * THE RECEIVER SHALL MAKE NO CLAIM NOR INITIATE ANY ACTION IN LAW OR EQUITY AGAINST JAED CORPORATION WITH RESPECT TO ANY DEFECT ERROR OR OMISSION IN THE DATA. * THE RECEIVER AGREES TO THE FULLEST EXTENT PERMITTED BY LAW TO DEFEND, INDEMNIFY AND HOLD HARMLESS JAED CORPORATION FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE) ARISING OUT OF OR RESULTING FROM THE USE OF ELECTRONIC DATA. DATA COLUMN 0' 20' PROJECT NORTH TRUE NORTH APPURTENANCE NOTES: SCALE: 1" = 20' 40' (NAD 83) 60' PROJECT SHEET NO. TCV DRAWN STATE OF DELAWARE THIS DRAWING IS THE PROPERTY OF STUDIOJAED SHEET TITLE CONSULTANT OMB/DIVISION OF FACILITIES MANAGEMENT OMB/DFM CONTRACT #MJ1002000071 AND IS PREPARED FOR THE EXCLUSIVE USE OF ITS CHK'D ARCHITECTS ENGINEERS FACILITIES SOLUTIONS DLD REVISIONS Website: www.StudioJAED.com Email: info@StudioJAED.com ARCHITECT / ENGINEER SEAL MAY 16, 2024 LEGISLATIVE HALL PARKING GARAGE CLIENTS AT THE LOCATION INDICATED. NO OTHER C107 MARTIN LUTHER KING JR BLVD AND E WATER ST DELAWARE OFFICE PROVIDENCE OFFICE MARYLAND OFFICE 2500 WRANGLE HILL ROAD, STE. 110 42 WEYBOSSET STREET, STE. 403 213 FRONT STREET, P.O. BOX 254 23094 PROJECT NO. DOVER, DE 19901 BEAR, DELAWARE 19701 PROVIDENCE, RHODE ISLAND 02903 CRUMPTON, MARYLAND 216285 P: (302) 832-1652 P: (401) 648-0884 FIRE MARSHAL PLAN USE IS AUTHORIZED OR INTENDED. AGENCY SUBMISSION 37 Item 2.