CCW Packet

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, October 29, 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/ur4k2l Event number: 2537 174 1331 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 ADOPTION OF AGENDA SAFETY ADVISORY AND TRANSPORTATION COMMITTEE ADOPTION OF THE AGENDA 1. Requests for Waivers – Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design Standards, Section A – Streets: Subdivision Waiver of Requirement for Two Connections to Public Street and Section E – Lots: Subdivision Waiver of Requirement for Lot Frontage on a Public Street as associated with Conditional Use Site Plan/Master Plan for the development of Luther Village Planned Neighborhood Design – Senior Citizen Housing Option (Apartment Units). Property Owner: Martin Luther Foundation of Dover, Inc. Property Address: 101 Babb Drive. Tax Parcels: ED- 05-077.06-02-90.00-000, ED-05-077.06-02-90.01-000, ED-05-077.06-02-90.02-000, and ED- 05-077.06-02-90.03-000. Planning Reference: C-24-02) (Dawn Melson-Williams, Principal Planner) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - October 29, 2024 PAGE 2 (Planning Commission Recommendation: Approval of Subdivision Waiver of Requirement for Two Connections to a Public Street and Approval of Subdivision Waiver of Requirement for Lot Frontage on a Public Street) 2. Presentation - Dover Municipal Freight Plan and Downtown Dover Pathways (Marilyn Smith, Executive Director of the Dover/Kent County MPO, Cooper Bowers, DelDOT Planning, and Leah Kacanda, Whitman, Requardt & Associates) (Committee Action Not Required) 3. Presentation - Police Officer Standards and Training Commission (POST) (Sean Moriarty, Executive Director) (Committee Action Not Required) 4. Discussion - Community Concerns Surrounding Trash, Glass Bottles, and Needles (Bishop Lott) (Committee Action Not Required) 5. Discussion - Community Concerns Surrounding Trespassing (Kim Adams) (Committee Action Not Required) ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Evaluation of Bids - Persimmon Park Place Drainage Basin Improvements (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Award the contract to Gateway Construction, Inc. for the Persimmon Park Place Drainage Basin Improvements, ITB #25-0006WW, for $1,198,025) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Presentation - Unsheltered Working Group (Leandra Marshall) (Committee Action Not Required) 2. Discussion - Update on the State Pension (Naomi Poole, Human Resources Director) (Committee Action Not Required) 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - October 29, 2024 PAGE 3 3. Presentation - Council Dashboard (Sharon Duca, Assistant City Manager) (Committee Action Not Required) 4. Proposed Resolution No. 2024-15 - Creating Economic and Community Development Funds (David S. Hugg, III, City Manager) (Staff Recommendation: Adopt Proposed Resolution No. 2024-15 establishing Economic Development and Community Development Funds.) 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 3

Item 1. City of Dover CONSIDERATION OF SUBDIVISION WAIVER REQUESTs Review by Council Committee of the Whole: Safety Advisory & Transportation Committee Recommendation from Planning Commission Meetings of September 16, 2024 with Staff and Development Advisory Committee Review Plan Title: Luther Village Phase IV Luther Village Planned Neighborhood Design – Senior Citizen Housing Option C-24-02 Plan Type: Conditional Use Site Plan Master Plan and Site Plan Phase IV Minor Subdivision Plan for Phase IV Associated Plans: C-02-02 Conditional Use Master Plan for PND-SCHO S-03-07 Luther Village PND-SCHO: Phase 1 S-07-10 Luther Village PND-SCHO: Phase 2 C-13-03 Luther Village PND-SCHO: Master Plan and Phase 3 C-19-05 Luther Village Parking Lot Expansion Owner: Martin Luther Foundation of Dover, Inc. Site Area: Luther Village Total Area – 33.63 +/- acres Phase 4 – 2.79 acres (proposed parcel) Present Use: Planned Neighborhood Design Senior Citizen Housing Option Residential (Phases 1, 2, and 3 - Apartment Buildings and Resident Activity Room Building) Agricultural Land Proposed Use: Same with Phase IV – Apartment Building and Amenity Building Connection Overall Project: Planned Neighborhood Design Senior Citizen Housing Option Apartment Buildings with Town Center building Nine Phases: 8 Apartment Buildings (up to 524 units) Resident Activity Room Building (3,566 S.F.) in Phase 3 Town Center Building (16,000 +/- S.F.) Number of Dwelling Units: Phase 1 (complete) - 68 dwelling units (1 apartment building) Phase 2 (complete) - 32 dwelling units (1 apartment building) Phase 3 (complete) - 48 dwelling units (1 apartment building) Total Built - 148 dwelling units Phase IV proposed at 72 dwelling units (1 apartment building) Total of all phases – 477 dwelling units shown (524 authorized) Off Street Parking: Phase 1 – 68 parking spaces including 3 handicapped, 1 loading space P. O. Box 475 Dover, DE 19903 4 Community Excellence Through Quality Service

Item 1. Phase 2 – 36 parking spaces including 3 handicapped, 1 loading space Phase 3 – 68* parking spaces including 3 handicapped, 1 loading space (*3 spaces removed for pedestrian access route – new total to be 65 spaces) Parking Lot Expansion – 34 parking spaces including 2 handicapped Phase IV – 82 parking spaces including 4 handicapped, 1 loading space Future Phases - 290 parking spaces including 13 handicapped, 4 loading spaces Sewer & Water City of Dover Zoning Classification: RG-2 (General Residence Zone) PND-SCHO (Planned Neighborhood Design: Senior Citizen Housing Option) PND Considerations Granted: Alternative Design Standards Approved for PND: Building Setback from Property Line (Side and Rear) Building Spacing Building Height Number of Stories Average Number of Dwelling Units Per Building Off-Street Parking Reduction Waiver Requests Granted: Partial Elimination of Upright Curbing Reduction of Bicycle Parking Waiver Request Withdrawn: Elimination of Rear Emergency Access Subdivision Waiver Requests Recommended: Wavier of Requirement for Two Connections to a Public Street Waiver of Requirements for Lot Frontage on a Public Street Planning Commission Recommendation: The Conditional Use Site Plan/Master Plan Application C-24-02 Luther Village IV: PND- SCHO was represented by the property owner’s representative and the applicant’s engineering firm Landmark Engineering & Science. A Public Hearing was conducted at the Planning Commission Meeting of September 16, 2024 where one member of the public spoke and no written comments were received. The Planning Commission moved by vote of 8-0 to grant conditional approval of Application C-24-02 with approval of Alternative Design Standards for the PND; approval of the Waiver Requests for Partial Elimination of Upright Curbing and Reduction of Bicycle Parking; and including recommendations of approval of the Subdivision Waivers allowing for one connection to the Public Street and allowing creation of a lot without frontage on a Public Street. (Draft Meeting Minutes attached.) These Subdivision Waiver Requests are forwarded to the Council Committee of the Whole: Safety Advisory and Transportation Committee and City Council for consideration. The following is the Development Advisory Committee (DAC) Report prepared for C-24-02 including the application review narrative and Department/Agency Review comments and related information. 5

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 3 of 18 CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: September 4, 2024 APPLICATION: Luther Village Phase IV - Luther Village Planned Neighborhood Design: Senior Citizen Housing Option FILE #: C-24-02 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn E. Melson-Williams, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY: Application C-24-02 is for Review of a Conditional Use Site Plan/Master Plan for the development of Luther Village Planned Neighborhood Design – Senior Citizen Housing Option consisting of up to 524 age-restricted apartment units in a total of nine phases. The Master Plan was previously established by Applications C-02-02 and C-13-03 and Luther Village Phases I, II, and III have been constructed. The plan for Phase IV consists of the construction of a three-story apartment building with 72 units (age-restricted) and associated site improvements. The plan also includes a Minor Subdivision to create a 2.79 acre+/- parcel for Phase IV from the overall 33.63 acre +/- tract. The property is zoned RG-2 (General Residence Zone). The property is located east side of John Hunn Brown Road and on the west side of Babb Drive. The owner of record is Martin Luther Foundation of Dover, Inc. Property Address: 101 Babb Drive. Tax Parcels: ED-05-077.06-02-90.00-000, ED- 05-077.06-02-90.01-000, ED-05-077.06-02-90.02-000, and ED-05-077.06-02-90.03-000. Council District 2. Consideration of Alternative Design Standards for PND: Building Setback from Property Lines, Building Spacing, Building Height, Number of Stories, Average Number of Dwelling Units Per Building, Off-Street Parking Reduction. Waivers to be Requested: Partial Elimination of Upright Curbing, Reduction in Bicycle Parking Requirement, and Elimination of Rear Emergency Access Requirement. Subdivision Waiver Requests: Waiver of Requirement for Two Connections to a Public Street and Waiver of Requirement for Lot Frontage on a Public Street. The phase of the project was recently the subject of MI-24-06 Luther Village IV: PND-SCHO Concept Plan considered at City Council in June 2024 for Referral to the Planning Commission. Previous Applications: The subject site for Luther Village is located east of John Hunn Brown Road and west of the continuation of Babb Drive in Dover, Delaware. This area is northeast of and adjoining the Dover Crossing Shopping Center (Target and Safeway). The subject site was originally part of a 122.3+/- acre property previously proposed as the Amberfield Subdivision. A Minor Lot Line Adjustment Plan recorded on May 30, 2002 created a thirty-four (34) acre parcel for the Luther Village PND: Senior Citizen Housing Option project. The remaining area was later approved for a separate residential development with the application for Clearview Meadow: Planned Neighborhood Design (C-04-01 and SB-04-04). 6

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 4 of 18 The Master Plan (C-02-02) approved by the Planning Commission in June 2002 and the updated Plan (C-13-03) approved in May 2013 established the Luther Village Planned Neighborhood Design-Senior Citizen Housing Option Plan to encompasses a total of nine (9) development phases with eight (8) apartment buildings and a town center building for the senior citizen community. The Planning Commission subsequently has reviewed each phase of construction and three phases are completed to date. Luther Village Phase 1 (Application S-03-07) involved the southwest portion of the Luther Village site for a 68-unit three story apartment building, an active recreation walking trail area and with the stormwater management located in the northwest corner of the site. Luther Village Phase 2 (Application S-7-10) consists of a 32-unit two story apartment building. Luther Village Phase 3 (Application C-13-03) consists of a 48-unit four story apartment building and a one story 3,566 SF resident activity room building. The buildings are interconnected. Application C-19-05 involved construction of an additional parking lot on the Luther Village Phase 3 parcel. The parking lot identified for guest parking takes access from the on-site loop road. It is to consist of thirty-four (34) parking spaces including two handicapped spaces. The project includes an identified pedestrian connection to the Phase 3 apartment building and the Resident Activity Room Building. II. PROJECT DESCRIPTION Application (MI-24-06) at City Council on June 10, 2024: Due to lack of recent construction activity, the Plan approval for the overall Master Plan for the Luther Village Planned Neighborhood Design-Senior Citizen Housing Option has lapsed. The MI- 24-06 submission restarted the process for approval of the project Master Plan with a Sketch Plan Narrative Letter dated May 21, 2024 and a Concept/Sketch Plan set showing the overall Luther Village PND-SCHO (as existing and proposed). MI-24-06 depicted the layout for continuation of the internal loop drive, the existing and proposed apartment buildings, a town center building, parking, stormwater management, walking trails systems, etc. MI-24-06 was reviewed by City Council on June 10, 204 with action taken to refer it on for Planning Commission review. Conditional Use Site Plan/Master Plan C-24-02: The Luther Village Planned Neighborhood Design-Senior Citizen Housing Option Project. continues to encompass a total of nine (9) development phases with eight (8) apartment buildings and a town center building for the senior citizen community. The project was previously approved for 524 apartment units; this Plan shows 477 apartment units. Each phase typically consists of an apartment building, associated parking lots, stormwater management elements, active recreation areas such as walking trails, and open space landscaping. The Master Phasing Plan on Sheet CR-01 (dated 8/1/2024) also depicts the layout for continuation of the internal loop drive, apartment buildings, town center building, parking, stormwater management, etc. for the entire site. This application also provides the details for Phase IV (4). For Luther Village Phase IV, a 72 unit (age restricted) three story apartment building with a three-story resident amenity room building is proposed which connects Phase IV to the Phase 3 Building. III. ZONING REVIEW The PND: Senior Citizen Housing Option is permitted all zoning classifications (with the exception of the M, IPM and C-4 zoning classifications) as a conditional use. Article 3 §24.1b 7

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 5 of 18 notes that “preference shall be given to those projects which are within close proximity to public transit services, and which are situated within one-quarter (1/4) mile of a grocery store, pharmacy, restaurant, physician offices, senior center or similar convenience service establishment.” The PND: Senior Citizen Housing Option is intended to “…encourage the development of high-quality housing opportunities design to accommodate the particular needs of senior citizens” by allowing the Planned Neighborhood Design Option through the Conditional Use process. The PND must present a community design that is in accordance with the goals and policies of the Comprehensive Plan. Review Process for Planned Neighborhood Design: Senior Citizen Housing Option: The applicant is seeking an approval under the Planned Neighborhood Design Ordinance for the Senior Citizen Housing Option (see Zoning Ordinance, Article 3, Section 24.1 (b)). The Ordinance sets forth a two or three-step review and approval process. In the first step, the developer meets with the City Council and presents a general sketch plan to determine whether or not the proposed project is of such a design and type that warrants further review by the Planning Commission. On June 10, 2024, the City Council reviewed project and determined that further review is warranted. The second step is a more detailed Conditional Use Site Plan review and public hearing process before the Planning Commission. (Note: A third review step with the Planning Commission may be required depending on the type, physical size, and complexity of the project application. This is not required for this project.) The submittals of site development plans to the Planning Commission for each phase of the project are reviewed for consistency with the approved Master Plan (Conceptual Plan). The current application to the Planning Commission represents the second step in the review process for the Luther Village PND-SCHO to re-establish the Conditional Use/Master Plan and for the review of the specific Site Plan Review for Phase IV. The Master Plan was previously approved with Applications C-02-02 and C-13-03. It is important to keep in mind that a PND proposal does not involve a rezoning of the land. The Planned Neighborhood Design – Senior Citizen Housing Option is plan specific. The land would remain zoned RG-2 (General Residence Zone). The PND option allows for a greater variety of housing types and allows for commercial uses while requiring open space. Also, by the Zoning Ordinance provisions, in the PND: SCHO the units shall be deed restricted to require that the head of household for each housing unit be at least 55 years of age or older. Comprehensive Plan Recommendations The City of Dover 2019 Comprehensive Plan as amended recommends that this property be utilized for Residential High Density development. As described in the Comprehensive Plan, High Density involves a development pattern of eight or more dwelling units (pages 12-6 and 12-7). The Luther Village project is noted as an example of development for Residential High Density. The proposed Luther Village project involves a site density of over 14 dwelling units per acre. The Comprehensive Plan also establishes stated goals for various types of land uses within the City limits. The stated goal for Residential Land Uses is “to develop and maintain an adequate supply of housing of varying type, size, and densities that are aesthetically pleasing and located within neighborhoods designed or redesigned to promote convenience, conservation, and access 8

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 6 of 18 to the greater community, but which are properly buffered through distance and landscaping from incompatible land uses” (see page 12-3). A Policy is to “encourage high density residential development in infill areas that are near essential services, public transit, and employment opportunities.” One of the goals outlined in Chapter 11 – Housing & Community Development is to “Encourage Balanced Housing Opportunities for all Residents of the City” which also includes references to affordable housing. The Comprehensive Plan also acknowledges the fact that the residents aged 65+ is a rapidly growing segment of the population that will require more specialized services (page 3-5). This trend was also identified in previous Comprehensive Plans and in response, a previous Comprehensive Plan implementation strategy recommended the development of a Zoning Code amendment permitting Senior Citizen housing developments near the community services and transit routes that senior citizens depend upon. As a result, the Planned Neighborhood Design: Senior Citizen Housing Option Ordinance was developed and adopted by City Council on July 14, 1997. Multiple projects have utilized these provisions including the Luther Village project’s Phases 1, 2, and 3. This project for Luther Village IV is being developed following the Senior Citizen Housing Option of the Planned Neighborhood Design. IV. MASTER PLAN REVIEW DETAILS Master Plan of Luther Village PND: SCHO Site This project proposes to develop 33.63 acres +/- with a series of eight (8) apartment buildings and a two-story town center building for the senior citizen community. This continuation of the Luther Village PND-SCHO project proposes the construction of apartment buildings as the housing unit style. Overall, this complex would provide up to 524 dwelling units. The phasing plan provides the following details for the complex: Phase 1 2 3 IV 5 6 7 8 9 TOTAL Other Total Complete Complete Complete (4) SHOWN Proposed Number of 68 32 48 72 Town 68 63 63 63 477 47 524 units center Pending (Apartment units) Parking 68 (3) 36 (3) 68 (3) 82 (3) 33 (2) 68 63 63 63 578 Pending 578 Spaces + 34 (3) (3) (3) (3) (26) (Handicapped parking Spaces) expansion Loading 1 1 1 1 0 1 1 1 1 8 ----- 8 Space Site Layout: The apartment buildings are arranged in two main areas: four scattered interconnected buildings (Phases 1-4) and a quad of buildings and the two-story town center building facing a central open courtyard space (Phases 5-9). A series of sidewalks and walking paths link the buildings of the site. Several of the future buildings are connected by elevated, enclosed walkways. Currently, the Phase 1, 2, and 3 Buildings are connected with a first floor passageway. The Phase 3 Apartment Building has a one-story resident Activity Building connecting to the Phase 2 Building. The Phase 4 Building will connect to the Phase 3 Building with a three-story Resident Amenity Building. A perimeter loop road provides circulation around the complex. A secondary 9

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 7 of 18 connector road divides the two main areas of buildings providing direct access to the Town Center building (Phase 5). Each building phase includes a parking lot area and open space areas for landscaping. One stormwater management area has been constructed at the northwest corner of the property. A second management area is to be located in the eastern quad of buildings. Project Density: With the Senior Housing Option, the “project density shall be generally compatible with the development pattern and existing or potential zone densities of the surrounding area.” The Master Plan for this project shows a site density of 14.2 dwelling units/acre (477 dwelling units on 33.63 acres). Previously, it was approved for up to 524 dwelling units for a site density of 15.6 dwelling units/acre. Article 3 §24.47 states that “the applicant shall demonstrate to the satisfaction of the planning commission that the project density proposed is compatible with the development pattern and density potential of the surrounding area.” The project adjoins commercial development to the west which includes a grocery store, general merchandise store, and several restaurants. Surrounding residential areas include single family dwellings in the Edgehill neighborhood (2.5 dwelling units/acre) and County Village Apartments (15.3 dwelling units/acre). The adjacent Clearview Meadow subdivision which includes single family, duplex, and townhouse units proposed a project density of 3.43 dwelling units/acre. The existing Luther Towers complex on Kings Highway has a site density of 34.2 dwelling units/acre. Request for PND: Alternative Design Standards This Plan seeks to continue with adjustments to the required design standards of a Planned Neighborhood Design: Senior Citizen Housing Option. Article 3 §24.5 of the Zoning Ordinance permits the Planning Commission to grant such adjustments and reads as follows: Article 3 §24.5. The design standards and dimensional requirements (bulk and parking regulations) shall be in accordance with article 4, sections 4.10 and 4.11, except that the planning commission may relax any of these requirements where the developer can demonstrate that such action is desirable and consistent with the objectives of this ordinance and the comprehensive plan. The following table presents the Design Standards of the Zoning Ordinance for a Planned Neighborhood Design in comparison to the plan’s design for Alternative Design Standards for Luther Village. Luther Village is being developed with the conventional housing type of garden apartments thus Article 3 §24.52i refers to the bulk standards given in Article 4 § 4.11. (Note: Previously, it appears the project was considered as an assisted living facility under the provisions of Article 3 §24.52ii. which includes different bulk standards.) The Design Standards where adjustments are requested are highlighted. Housing Type Garden Style Apartments Required Requested 1,800 S.F. per Average Lot Area 1,800 S.F. per dwelling unit dwelling unit 1,800 S.F. per dwelling unit 1,800 S.F. per dwelling unit Minimum Lot Area 1 acre per 1 acre per building building Lot Width 100’ per building 100’ per building Lot Depth 125’ per building 125’ per building 10

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 8 of 18 1 per dwelling unit with extra parking available. See Off-Street Parking 2 discussion of parking waiver request. 50 feet Building Setback from 50 feet Not applicable (Applicant seeking wavier to allow Street lot without street frontage.) <50 feet Building Setback from Phase IV Apartment Building setbacks vary. They Property Line are 32 feet at a side yard and with Front Yard Setback 50 feet 0 feet at the Amenity Building interconnection Side Yard Setback point. Rear Yard Setback Building Spacing 50 feet <50 feet (estimated at 45 feet) Building Height 35 feet Height noted at 43 feet Number of Stories 2 stories 3 stories Lot Coverage 60% 60% Average = 54.5 Average Number of 24 Proposed Complex consists buildings of 32, 48, 63, Dwelling Units Per Building 68, and 72 units V. CONDITIONAL USE REVIEW With Conditional Use Applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following sections of the Zoning Ordinance which relate to the role of the Commission in reviewing Conditional Use applications are particularly relevant when reviewing this application: ARTICLE 10. PLANNING COMMISSION Section 1. - Approval of conditional uses. On application and after public notice and hearing, the commission may authorize the issuance by the city planner of permits for any of the conditional uses for which this ordinance requires, in the district in which such use is proposed to be located. In approving any such use, the planning commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets 11

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 9 of 18 shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffi c of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and us e of adjacent land and buildings. If the Planning Commission approves a Conditional Use, the use is granted as a Conditional Use Permit. Such permits may be permanent, subject to limitations outlined in Zoning Ordinance, Article 10 §1.41, or be required by the Commission to undergo periodic renewal, using the procedure described in Article 10 §1.42. Any Conditional Use Permit, permanent or not, may be revoked using the procedure described in Article 10 §1.43 if the conditions prescribed by the Commission in conjunction with the issuance of the Conditional Use Permit have not been, or are no longer being complied with. Approved as Planned Neighborhood Design: Senior Citizen Housing Option project: The Luther Village project was previously approved in 2002 and 2013 under the Planned Neighborhood Design Ordinance for the Senior Citizen Housing Option and a Master Plan for development established (see Zoning Ordinance, Article 3, Section 24.1 (b)); this was Application C-02-02 and C-13-03. A PND proposal does not involve a rezoning of the land; remains zoned RG-2 (General Residence Zone). Also, by the Zoning Ordinance provisions, in the PND: SCHO the units shall be deed restricted to require that the head of household for each housing unit be at least 55 years of age or older. As part of the PND: SCHO approval process a series of Alternative Design Standards were established related to the bulk standards addressing setbacks, spacing, off-street parking, building height, dwelling units per building, etc. VI. BUILDING ARCHITECTURE The plan submittal shows the architecture of the Phase IV Apartment Building. (See color renderings of elevations.) For Phase IV, the Apartment Building is a three-story apartment building consisting of 72 units. The existing buildings on the site are a three-story building (Phase 1), a two-story building (Phase 2), and a four-story building (Phase 3). The overall massing of the brick building is L-shaped with a shingle hipped roof. The building elevations include projecting elements such as entrance canopies and dormers. The sets of windows are a combination of fixed and operational windows with the wall box unit for heating/air conditioning is found just below each window group. The main entrance to the building with gable roofed canopy is found adjacent to the parking area on the east elevation. The south elevation includes a glassed projection. The choice of exterior finish materials for the Phase IV building will follow those utilized in the construction of the other apartment buildings. The Amenity Building is proposed as a three-story building in a lighter color finish and a gable roof consisting of an open first floor and enclosed second and third floors to make the connection between the Phase IV to Phase 3 apartment buildings. The buildings adjacent to the project site include single family residential dwellings typically one to two stories in height and large-scale commercial buildings. Emergency Rear Access Requirement for Phase IV Apartment Building Waiver Request (Withdrawn 10/8/2024) The Zoning Ordinance requires a 16-foot alley or an 18-foot secondary fire lane to provide emergency access to the rear of the three-story apartment building in Phase IV (Article 5 Section 12

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 10 of 18 17.5(a)). The applicant may request a waiver for elimination of this requirement. The building has fire protection requirements under the Fire Codes including the following: requiring that the building be sprinklered, a requirement for primary fire lane for the primary entrance and exit side of the building, and for fire lane coverage of a percentage of the building. A written waiver request was submitted for consideration by the Planning Commission; see Letter from the applicant. The Planning Commission will make a recommendation to the Safety Advisory and Transportation Committee and City Council who has the final authority to grant the request for elimination of the rear emergency access for apartments. The rear emergency access provisions can also be met through a subgrade drivable surface with certain construction techniques and demarcation by evergreen plantings as described in the Zoning Ordinance. Note: The Planning Commission deferred action on this Waiver Request at their Meeting of September 16, 2024 to allow the applicant to discuss the requirements with the Fire Marshal’s Office. The Applicant chose to withdraw the Waiver Request and will comply with the Emergency Rear Access Requirement; this was reported to the Planning Commission at their Meeting of October 21, 2024 and accepted. VII. PARKING SUMMARY For Consideration PND Alternative Design Standards: Parking Reduction For the housing types of apartments, the requirement is based on a rate of two parking spaces per dwelling unit with 1 parking space per 200 SF of office space and 0.25 parking spaces per dwelling unit to serve as visitor spaces. For certain types of senior citizen housing facilities, the Zoning Ordinance, Article 3 §24.52ii notes that parking shall be provided for residents, visitors, and employees of the facility and that the applicant must demonstrate that the parking provided is sufficient. Continuing to seek a parking reduction, the Luther Village PND Master Plan proposes a total 578 parking spaces for the entire complex at build-out. Parking is provided in each Phase with at least one parking space per apartment dwelling unit. See summary table earlier in this Report. With the previous Plan approvals, an Alternative Design Standard for parking was approval for a a rate of one parking space per dwelling unit plus one space per 200 SF of floor area as offices and one space per 300 SF of meeting room area. A Request detailing the current request for a Parking Reduction was submitted seeking a ratio of approximately 1.15 spaces per dwelling unit. Parking Lot Expansion Project C-19-05 The Parking Lot Expansion project in 2019 added a total of 34 parking spaces with several existing parking spaces in the Phase 3 apartment building parking lot were displaced by the striping for a dedicated pedestrian path leading to the building. Bicycle Parking Waiver Requested: Reduction of Bicycle Parking The project is required to provide bicycle parking. The bicycle parking calculation is one for every twenty parking spaces. Based on the total of 578 parking spaces on this parcel, a total of twenty-nine (29) bicycle parking spaces are required. The Phase IV project area would require five (5) bicycle parking spaces based on its number of parking spaces in the new parking lot. As per Zoning Ordinance, Article 6 §3.10 the Planning Commission may consider a waiver request to reduce the bicycle parking requirement. Previously, the project received approval of a waiver to reduce the bicycle parking requirement. The written Waiver Request for a reduction in bicycle 13

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 11 of 18 parking was submitted for consideration by the Planning Commission; see Letter. The Request notes that bicycle parking exists for the Phase 3 Building and will be provided with the Phase IV Building; however, overall it does not meet the bicycle parking rate based on total vehicle parking spaces in the complex as Buildings 1 and 2 do not have bicycle parking spaces. VIII. SITE CONSIDERATIONS Access/Streets Access to the Luther Village site is provided via Babb Drive from John Hunn Brown Road or from the street network of the adjacent Clearview Meadow subdivision that also leads to Babb Drive. The main entrance (with divided median style entry) to the complex is off Babb Drive with internal site circulation provided by a loop road. Request for Waiver of Requirement for Two Connections to a Public Street With the creation of one hundred fifty (150) dwelling units, a second connection to existing streets must be shown (Land Subdivision Regulations, Article VI §A.8). With Phases 1-3 as constructed consist of 148 dwelling units and this proposal for Phase IV for 72 new apartment units would place the total unit count at 220 units. Phase 5A shows this second connection where in the future at the end of Babb Drive at the intersection with Nob Hill Road, a second access drive into the Luther Village complex will be constructed. The Plan includes a note listing the request for Waiver of the Requirement for Two Connections to a Public Street (Sheet CR-01: General Data, Note #21) and the Request was also made by Letter. Sidewalks The locations of sidewalks within the complex are shown. This project will add two sidewalk segments along the loop road to Phase IV to the sidewalk system along the loop road. There is also a sidewalk connection leading to the Amenity Building. Waiver Request: Partial Elimination of Upright Curbing Article 6 §3.6(b) requires upright curbing for all parking areas. It appears that the continuation of the loop road expansion does not incorporate curbing. A written waiver request for the elimination of curbing in these areas was submitted for consideration by the City Planner citing the reasons for the management of water runoff. The Phase IV Building parking lot area does include curbing. Dumpster A Dumpster pad site area appears to be located at the north end of the building. The Dumpster Rete for an Apartment complex or Apartment Building with over 10 units is that two Dumpsters are required for the first 48 apartments and one required for each additional 24 apartments or fraction thereof. Based on the unit count of apartments in Phase IV, three Dumpster units are required. With the configuration shown on the plan, the applicant is utilizing service by a private hauler for trash removal services. IX. TREE PLANTING AND LANDSCAPE PLAN The Plan shows limited information on the concept for tree planting and landscaping. Canopy trees line the complex loop road. There are existing trees at the property boundary lines and other onsite plantings include a mix of canopy trees and evergreen trees with ornamental trees. In the earlier project phases, trees are planned for the islands within each parking area and along the front facades of the buildings. Additional planting is composed around specific elements such as the resident gardens, crochet court, and pavilions. Other than the removal of select trees, the tree 14

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 12 of 18 planting proposal for Phase IV is not shown. Tree plantings are required at rate of one tree per 3,000 SF of development area. The specific tree counts to meet the tree density requirements will be reviewed for each phase. Also, evergreen plantings are required to outline the subgrade emergency access (fire lanes) locations in accordance with Article 5 §17.4d. X. OPEN SPACE and RECREATION PLAN The total Common Open Space for the overall Luther Village PND: SCHO project is required at a rate of 275 square feet per dwelling unit or 0.5 acre of land, whichever is greater. Based on 477 dwelling units shown, at total of 131,175 S.F. of common open space is required for the entire Luther Village PND: SCHO complex. (Note: For a total 524 dwelling units, 144,100 S.F. of common open space is required.) A variety of active recreational options are existing or are proposed for the complex such as a croquet court, walking path, resident gardens, and pavilions. The Town Center building found in the center of the complex may also provide space for activities. These recreational components of the Master Plan were previously reviewed and a recommendation provided by the Parks, Recreation & Community Enhancement Committee to the Planning Commission. Since no changes were proposed with this resubmission of the Master Plan, it was determined that review would not be necessary. If future phases of the Master Plan for the project are redesigned then review for recommendations will be necessary. Phase 1 construction included the recreational amenities of a walking path, the croquet court, and garden. Phase 2 construction included a garden area immediately adjacent to the building for use by the residents. The Phase 3 included an extension of the walking path network further north along the loop road near the stormwater management pond and a terrace (patio) area near landscaping adjacent to the building. There are also several gazebos in the complex. A specific tally of Recreation Area must be provided to ensure that an area of 79,750 SF is provided (to several Phases 1-IV). The Active Recreation Area for Phase IV will continue the walking path system, add a larger gazebo, and provide an Amenity Building. Specific review of the Active Recreation Area plans for Phase IV by the Parks, Recreation & Community Enhancement Committee is not required at this time as its Active Recreation Area is already constructed, expands the existing path network, and includes the same amenities as previous phases. XI. MINOR SUBDIVISION PLAN FOR PHASE IV Request for Waivers: Street Frontage Requirement and Building Setbacks and Spacing This Plan will require review a Minor Subdivision Plan with this Site Plan. It proposes to subdivide a 2.79-acre parcel from the remaining portion of the 33.63 acres of the overall Luther Village parcel. Similar parcels were created for Phase 1-3. This subdivision includes the Phase IV apartment building and the immediately surrounding area. The proposed parcel must be reviewed for compliance with the bulk standards for items such as setbacks, lot size, etc. This plan seeks waivers of several bulk standards. As per Zoning Ordinance, Article 3 §24.5, the Planning Commission may relax the design standards and dimensional requirements for Planned Neighborhood Design Option project where the developer can demonstrate that the action is desirable and consistent with the objectives of the ordinance and the Comprehensive Plan. (See discussion presented earlier in this Report.) 15

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 13 of 18 The proposed parcel for Phase IV in within the larger tract of land and therefore will not have frontage on a public street. The requirement that a parcel have frontage on a public street is found in the Land Subdivision Regulations, Article VI §E.5. The provisions for waivers are also found in the Land Subdivision Regulations in Article VIIA. A. Variance and Waiver. 1. Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commission may recommend to city council, and city council may vary or waive said requirements; provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. In varying or waiving certain requirements, the council may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived. The Planning Commission should forward a formal recommendation to the associated City Council Committee and City Council with regard to the requested subdivision waiver regarding the street frontage. The City Council has the final approval regarding this subdivision waiver. Similar waiver requests were granted for the Luther Village PND: SCHO Phase 1, Phase 2, and Phase 3 to allow each building to exist on a smaller parcel area to meet grant funding requirements and/or ownership requirements. A written waiver request was submitted seeking a waiver of the requirement for the parcel (for Phase IV) to have frontage on a public street. XII. CITY AND STATE CODE REQUIREMENTS: UPDATE The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) The Planning Commission must determine the appropriateness of the proposed density for the PND-SCHO project site as part of their review process. 2) The project must comply with the bulk standards for apartments in the PND unless seeking waivers for Alternative Design Standards for the PND: SCHO. A written request was received and Planning Commission must grant approval for the following: a. Building Setbacks from the Property Line; b. Building Spacing; c. Building Height; d. Number of stories; and e. Average Number of Dwelling Units Per Building. 3) The project must comply with the requirements for the emergency rear access provisions for the apartment units unless a waiver is granted. Significant redesign of the development project will be required if this waiver is not granted. A written waiver request was submitted seeking the elimination of the emergency rear access for consideration by the Planning Commission. The Planning Commission will make a recommendation on it. Note: This Waiver Request was withdrawn on October 8, 2024 and the plan will be revised to show compliance. 16

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 14 of 18 4) The project must comply with the requirements for the parking requirements unless a waiver is granted. A written waiver request was submitted for the reduction in parking for consideration by the Planning Commission 5) Upright curbing shall be provided in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request was submitted for the elimination of a portion of the curbing for consideration by the City Planner. 6) The bicycle parking space requirement must be met for the site. A written waiver request was submitted for consideration by the Planning Commission. 7) The outcome of the waiver requests must be noted on the Final Site Plan and the Minor Subdivision Plan. If the waiver requests associated with the Minor Subdivision are approved, a plan for recordation must be approved and recorded prior to final Site Plan approval. 8) Provide a copy of the Deed Restrictions as required in the Zoning Ordinance, Article 3 §24.8vii. or acceptable documentation of policies regarding operations. 9) The data column on all sheets (including on a future Record Plan sheet) needs to be updated prior to Final Approval with any changes recommended by the Planning Commission. a. List all parcels of the complex; one is missing. b. In Item #3, list each phase by parcel with owner. c. List zoning as RG-2 (General Residence Zone). d. Update the bulk standards by listing standards for PND garden apartment as found in Article 4 §4.11. Also note where Alternative Standards are sought/approved. e. Add density calculation for project and note action taken by the Planning Commission. f. Update outcome of action on waivers. g. Add data specific to Phase IV such as lot size, building footprint, total building floor area, setbacks, etc. h. Item #16, list parking data for each Phase and overall. i. Item #23, this property is not located within the AEOZ (Airport Environs Overlay Zone). Clarify if this note is required by other agencies. j. Add tallies of Active Recreation Areas as existing, proposed, and overall. 10) Sheet CR-02 to CR-05: a. Setbacks: As a PND-SCHO a series of Alternative Design Standards were previously authorized and are being considered again. Show the distances from the proposed Phase IV building to the property lines. b. Ensure existing Stormwater management Area is current on any maintenance requirements. c. Clarify design format of Dumpster enclosure. d. Clarify tree removals as certain trees marked for removal do not appear to conflict with development activities. e. Ensure Electric Vehicle charging station set-up does not impede future sidewalk continuation. 17

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 15 of 18 11) Identify the location and number of bicycle parking spaces to meet the bicycle parking requirement based on total number of parking spaces in Phase IV. Also show location of existing bike racks. 12) Provide construction details sheet for Phase IV items including the following items but not limited to barrier free sidewalk, dumpster enclosures, dumpster pad, curbing, parking bumpers, traffic control signage, crosswalks, paving section, lighting fixtures, handicap signage, walking path, etc. 13) Ensure barrier free access is provided at all intersections of drive lanes and sidewalks. Add ramps at crossings of loop road and use piano key style crosswalks. 14) Landscape Plan must be submitted for review of Phase IV Site Plan. a. Identify existing trees in Phases 1-3. b. Clarify the tree planting calculations for Phases 1-3 and Phase IV. As there may be other existing trees available to satisfy the tree planting requirement. Or you may identify a development area for calculation of the tree planting requirement. c. Depict development area and its existing tree status, d. Show tree plantings proposes for Phase IV. e. Clarify if existing trees removed in the vicinity of Phase 3 will be replanted. 15) Provide an Active Recreation Plan or information to clarify the existing and proposed Active Recreation area calculations and proposed areas to be constructed in Phase IV. a. Provide area calculation for the recreation area required for units. b. The area of the wet stormwater management pond cannot be counted towards active recreation area. 16) Provide Record Subdivision Plan sheet to depict the Phase IV subdivision and any additional easements to allow for cross-access, use of recreation areas, stormwater management, utilities, etc. XIII. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in considering and acting upon Conditional Use Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. 1) Waiver Requests: a) Alternative Design Standards for PND: SCHO: Planning Staff recommends approval of the series of Alternative Design Standards for the PND: SCHO. It is noted that these Alternative Design Standards were previously approved. The following findings regarding these Design Standards are noted. i) The reduction in the building setbacks from property lines under the provisions of the 18

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 16 of 18 Planned Neighborhood Design Option is necessitated due to the creation of a parcel specifically for Phase IV. Overall, when compared to the greater boundary of the Luther Village complex, the building placement complies with the setbacks requirements. ii) The building spacing is reduced to accommodate enclosed connections between buildings; however, the buildings will still be required to meet the requirements of the Building Codes and Fire Codes. iii) The increase in building height, number of stories, and average number of units per building continues to fit the character of the area as the location is interior to the Luther Village complex and the units can be accommodated in a smaller building footprint by adding floors. The density proposed is appropriate as this development is infill within an area with existing infrastructure and amenities. b) Reduction in Parking: Planning Staff recommends approval for the reduction in number of parking spaces to a minimum rate of one parking space per dwelling unit with additional parking spaces provided to accommodate any office space or meeting rooms in the building. The applicant’s request for a rate of 1.15 parking spaces per dwelling unit is acceptable. c) Reduction in Bicycle Parking: Planning Staff recommends approval for a reduction in the overall number of bicycle parking spaces based on the demographics of the apartment tenants. It is noted that Buildings in Phase 3 and Phase IV have bicycle rates. The applicant has given consideration to providing bicycle parking spaces at each building to serve staff, visitors, and residents. The applicant may also want to consider covered storage or interior storage opportunities for bicycles owned by residents. d) Partial Elimination of Curbing: Planning Staff grants approval of the request to eliminate the curbing for the loop road for areas necessary for stormwater management. e) Elimination of Emergency Rear Access for Apartments: Planning Staff recommends the applicant continue evaluation of options to avoid the elimination the emergency rear access for the Phase IV apartment building. There may be alternatives or other options to meet this rear access requirement such as extension of existing/proposed access drives, enhanced walking paths, or creation of subgrade improvements to make a drivable surface. It appears that the Phase IV building will be sprinklered and will include other required fire lane coverage. Planning Staff recommends additional discussions with the City’s Office of the Fire Marshal. Note: This Waiver Request was withdrawn on October 8, 2024 and the plan will be revised to show compliance. f) Requirement for Two Connections to a Public Street: Planning Staff recommends approval for the elimination of the second connection to public street requirement for Phase IV only. Given the phasing of the apartment complex construction, the current divided median entry does provide an option for access (in an emergency). The second connection to Babb Drive is planned as part of the Phase 5(A) and should be completed before the addition of apartment buildings in the eastern area of the complex. g) Street Frontage for Parcel: Staff recommends approval of the waiver to allow for creation of a parcel without street frontage noting that the main parcel of the complex 19

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 17 of 18 including the entrance maintains frontage along a public street. The creation of this parcel focused on Phase IV is necessary to comply with funding and/or ownership requirements for the project. Similar waivers were approved for Phase 1, Phase 2, and Phase 3. XIV. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the waiver requests as part of any motion to approve this Conditional Use Site Plan/Master Plan, or as a separate motion if necessary. Note: The recommendation for this waiver is at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) The Planning Commission should provide recommendations to City Council in regard to the Subdivision Waivers of the Land Subdivision Regulations. The City Council and associated Committee meeting will be scheduled to review this request. 3) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 4) A Minor Subdivision Record Plat shall be prepared for recordation to subdivide the parcel into the Phase IV parcel identified. All easements shall be fully described on the Plat. The Minor Subdivision Plat shall be approved and signed by the City Planner prior recordation in the Kent County Recorder of Deeds Office. 5) In the event, that major changes and revisions to the Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other commissions making recommendations in regard to the plan. 6) Construction may have an effect on the adjacent buildings on the site and site access. Any work requiring the closing or rerouting of residents or visitors to the adjacent buildings, and site access shall be coordinated as to offer the least amount of inconvenience. 7) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required. 8) The applicant shall be aware that Plan approval does not represent a Building Permit, and associated construction activity permits A separate application process is required for issuance of a Building Permit from the City of Dover. 9) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Certain types of signage require a Sign Permit from the City of Dover prior to placement of any such sign; please consult with Planning Staff in regard to signage. Findings and Recommendations of the Dover Planning Commission At the Planning Commission Meetings (In-Person and Virtual) on September 16, 2024, the Planning Commission reviewed the proposed Waiver Requests as part of its review of the Conditional Use Site Plan/Master Plan C-24-02 Luther Village IV: Planned Neighborhood Design 20

Item 1. C-24-02 Luther Village IV: Planned Neighborhood Design: Senior Citizen Housing Option Planning Commission Recommendation Report of September 16, 2024 and DAC Report of September 4, 2024 Page 18 of 18 – Senior Citizen Housing Option. The Application (C-24-02) was represented by Mr. Craig Lynch for the applicant’s engineering firm Landmark Engineering & Science and Mr. Richard Murphy, President of the Board for the Martin Luther Foundation of Dover. During the Public Hearing, one member of the public spoke on the application and there were no written comments received. Following a Public Hearing and further consideration, the Planning Commission granted conditional approval of the Conditional Use Site Plan/Master Plan with approval of the Alternative Design Standards for the PND; approval of Waiver Requests for Partial Elimination of Upright Curbing and Reduction of Bicycle Parking; and including recommendations of approval of the Subdivision Waivers allowing for one connection to the Public Street and allowing creation of a lot without frontage on a Public Street. The motion passed 8-0 (one member absent). See also the attached excerpts of the Meeting Minutes of the September 16, 2024 Planning Commission meeting for this application. Attachments: • Development Advisory Committee Comments: Comments from City of Dover Public Works Department, Department of Water & Wastewater, Electric Department, City Office of the Fire Marshal, DelDOT, Kent Conservation District, Dover/Kent County MPO, and Chesapeake Utilities • Subdivision Waiver Request Letter 2 dated September 4, 2024 • Conditional Use Site Plan/ Master Plan Sheets (Sheets CR-01 to CR-05) • Updated Site Plan Sheet (CF-01) showing Rear Emergency Access (Subgrade access lane) • Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Note: The Application materials also include the following items which are on file at the Planning Office: Complete Plan Set with Utility Plan and Fire Marshal Plan; Building Architecture; Waiver Request Letter 1 dated September 4, 2024; Letter of Waiver Request Withdrawal dated October 8, 2024; and Application Forms. 21

Item 1. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 28, 2024 APPLICATION: Luther Village IV: Planned Neighborhood Design – Senior Citizen Housing Option on Babb Drive FILE #: C-24-02 REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services CONTACT PHONE #: 302-736-7025 CONTACT EMAIL: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2), 90-gallong recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. 3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a letter of no objection, signed by DelDOT is submitted to our office. 2. Please add the following notes to the plans: a. Standard City of Dover sidewalk, as per chapter 98, article IV of the Dover Code of Ordinances, shall be required to be installed along the entire public street frontage of a property. Where frontage sidewalk exists but does not meet the standards of chapter 98, article IV, the sidewalk shall be re-laid to meet the standards. Sidewalk shall include barrier-free access ramping at points of intersection with street crossings and at other locations so as to afford reasonable barrier-free pedestrian movement and site access. 22

Item 1. Luther Village IV: Planned Neighborhood Design – Senior Citizen Housing Option on Babb Drive File #: C-24-02 August 28, 2024 Page 2 of 4 b. In accordance to Appendix A, Article VI, Section B.3, all sidewalks shall ascend from the curbstone to the building line at the ratio of one-quarter of an inch to the foot. Nothing in this section shall be construed to affect any pavement previously laid by order of the city council, until it is taken up and relaid. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. Please be advised that effective May 1, 2022, water mains can now be constructed using DR 18 PVC. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meters must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90°) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. Water services shall be either type K copper or SDR-9. 8. On October 24, 2022, City of Dover Council approved the new Cross Connection Control Program. This program requires certain backflow prevention assemblies on water service connections to the city’s distribution system. Please provide a specific description of the activities in the building. 9. All water infrastructure on the property will be owned and maintained by the property owner. 23

Item 1. Luther Village IV: Planned Neighborhood Design – Senior Citizen Housing Option on Babb Drive File #: C-24-02 August 28, 2024 Page 3 of 4 WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer mains showing that velocity and all other requirements are met. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 8. All wastewater infrastructure on the property will be owned and maintained by the property owner. 9. Depending on the effluent flow, the downstream pump station must be evaluated by the developer / engineer to verify it can handle the additional effluent flow. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures on the utility plan sheet to confirm compliance. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT 24

Item 1. Luther Village IV: Planned Neighborhood Design – Senior Citizen Housing Option on Babb Drive File #: C-24-02 August 28, 2024 Page 4 of 4 WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees will be required to be paid prior to Certificate of Occupancy for this project. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. 4. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. SANITATION / STORMWATER / STREETS 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 25

Item 1. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUG 28, 2024 APPLICATION: Luther Village IV: Planned Neighborhood Design – Senior Citizen Housing Option on Babb Drive FILE #: C-24-02 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Operations Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL: sburgett@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Any relocation or upgrade of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 2. Owner is responsible for locating all existing underground facilities to include electric, water and gas. 3. Owner is responsible for site and/or street lighting. 4. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 5. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 6. All Engineering and design for Dover Electric will be engineered upon receipt of final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. GENERAL 1. Final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format), if applicable. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. 26

Item 1. Luther Village IV: Planned Neighborhood Design-Senior Citizen Housing Option on Babb Drive File #: C-24-02 Aug 28, 2024 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 2. The City of Dover Electric Department is responsible for electricity up to the primary metering cabinet (4M3) located at the entrance to Luther Village on Babb Drive. Luther Village is responsible for the electric past this meter. All other comments on this form should be used as reference only in the event of future changes. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 27

C F C-24-02 I IItem 1. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: August 28, 2024 REVISED D S O H V A E L APPLICATION: Luther Village IV Babb Dr R FILE #: C-24-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 josika@dover.de.us THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is residential (apartments) 2. Building Access shall be no further than 50 feet from a primary entrance. Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 75% and clearly shown on the plans. Perimeter Access minimum width shall be10 feet for one-story buildings and 15 feet for buildings of two or more stories, measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5) Where parking is located between the building and perimeter access area, parking shall not be located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall for building of two or more stories. 28

Item 1. 5. Fire lanes shall cover 35% of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) Where parking is located between the building and the perimeter access area, parking shall not be located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall for building of two or more stories. 2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5.2 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 9. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 10. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 11. Emergency access to rear building areas compliant with City of Dover Code (Appendix B-Zoning, Article 5- Supplementary Regulations, Section 17); all four stories and greater buildings require 24ft fire lane at the rear. All two to three story apartment structures require an 18ft Secondary Fire Lane at the rear. 29

Item 1. All townhouses (3-8 units with no fire protection) require a 16ft alley or 18ft secondary fire lane at the rear. 12. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 13. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide 14. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 15. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 16. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 30

Item 1. 17. Fire hydrants shall be installed per the requirements of City of Dover Public Utilities Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention Regulations. City Ordinance Sec 46-9 (f). 5.1.1 Hydrant spacing as shown in the Fire Flow Tables shall be used as a general rule. Hydrants shall be located at the direction of the State Fire Marshal so as to minimize friction in fire hose. All hydrant spacing shall be located along available roads or at the direction of the State Fire Marshal. This measurement shall be calculated by way of accessible thoroughfare(s) from the building to be protected to the hydrant and may not necessarily be a radius. 5.1.3 Additional hydrants shall be provided when the State Fire Marshal deems it necessary based on the configuration of the site, building(s), exposures, construction, occupancy, and/or specific hazard(s). Fire Flow table 2, hydrant spacing shall be 800 feet on center for one and two family detached dwellings, other residential, rowhouses and townhouses, assembly, health care, business, education, storage, industrial, mercantile, and mini storage. (702, Chapter 6) NFPA 1 18.5.2 detached one- and two-family dwellings, fire hydrants shall be provided for detached one- and two-family dwellings in accordance with both of the following: 1. the maximum distance to a fire hydrant from the closest point on the building shall not exceed 600 feet 2. the maximum distance between fire hydrants shall not exceed 800 feet. 18.5.3 buildings other than detached one- and two-family dwellings, fire hydrants shall be provided for buildings other than detached one- and two-family dwellings in accordance with both of the following 1. The maximum distance to a fire hydrant from the closet point on the building shall not exceed 400 feet 2. The maximum distance between fire hydrants shall not exceed 500 feet 18. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 19. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 31

Item 1. 20. Hydrants are to be Darling Co. B-62-B Breakaway https://american-usa.com/products/valves-and- hydrants/fire-hydrants/5-1-4-american-darling-b-62-b-5 21. NFPA 72 compliant Fire Alarm System required per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration o f at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 22. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high 32

Item 1. hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) NFPA 101, 12.3.5.1 The following assembly occupancies shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with 9.7.1.1(1): 1. Dance Halls 2. Discotheques 3. Nightclubs 4. Bars 5. Restaurants 6. Assembly occupancies with festival seating 23. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five - inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire 33

Item 1. Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 24. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 25. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 26. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of the connection and extend for a distance of four feet (4') on both sides, and where parking is allow between the building and the street or fire lane the solid yellow demarcation lines shall extend from the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum 12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches (3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly visible from the fire lane or roadway, and signs using NFPA international symbols shall be an acceptable alternative. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 27. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed in Regulation 701 as well as the following areas or buildings: In all Class A and Class B places of assembly and institutional occupancies two (2) stories or 25 feet in height or over, In any building over three (3) stories, In any building over 35 feet in height, In any building that has a floor above the first floor over 10,000 square feet gross floor area, In all buildings where the 1st floor exceeds 60,000 gross square feet, a Class I horizontal standpipe system installed in accordance with the applicable codes and standards listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall be installed in accordance with the applicable codes and standards listed in Regulation 701. The standpipe system shall be carried up with each floor and shall be installed and ready for use as each floor progresses. Standpipes shall not be more than one floor below the highest forms of staging, The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At the highest intermediate landing between floor levels in every required exit stairway, Where intermediate landing is not provided, hose connections shall be permitted to be located at the main floor landings in exit stairways when approved by the authority having jurisdiction, 34

Item 1. Where the local fire department has the capability of providing the required pressure, hydraulically designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide the required waterflow rate. A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2021 Delaware State Fire Prevention Regulations 702, Chapter 4, 2) 28. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 29. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, 35

Item 1. color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 30. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 31. All required means of egress shall have an exit discharge consisting of a non-slip surface and leading to and terminating at a public way. NFPA 101 32. All new passenger elevators in a building shall be provided with a car sized to accommodate an ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where 36

Item 1. two or more new passenger elevators are located in a single hoist way and serve all or the same portion of the building, only one elevator car that provides a car sized to accommodate an ambulance cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall be placed inside on both sides of the hoist way door frame. Firefighter recall keys shall be provided in a manner acceptable to the local fire department. (2021 Delaware State Fire Prevention Regulations 705, Chapter 1, 15) 33. Buildings over 25,000 Sq. Ft are to have radio performance testing done prior to Final CO. This must be scheduled in advance with an authorized vendor. 34. Project to be completed per approved Site Plan. 35. Full building and fire plan review is required. 36. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 37. Construction or renovations cannot be started until building plans are approved. 38. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 39. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 40. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties: Section 1. - Building permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for penalties). 1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer. 1.2 No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning commission, except upon approval of such plans approved by the said commission. 1.21 No building permit shall be issued for any building in a subdivision unless the subdivision plot has been approved by the planning commission. 1.3 No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the planning commission, unless and until such approval has been duly granted by the said commission. (Ord. of 7-12-1993, § 3) 37

Item 1. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Please confirm that the distance between the building and parking is 15’ as outlined in item # 6 listed above 2. Please show the secondary fire lane as outlined in item # 11 listed above 3. Buildings 1 through 3 have a subgrade emergency access lane that is no longer properly marked. These Fire Lanes need to be properly marked (listed below). Please arrange a meeting with this office to review those lanes. These lanes need to be in compliance as part of this approval. 4. Additional hydrants are needed as outlined in item # 17 listed above. They must not exceed 800’. One must be located within 300’ of the FDC as hose would come off of the apparatus. They must be on the backside of the building as well. 5. It appears that phase 5 building doesn’t have proper access 6. This office does not support the emergency rear access waiver. This item is listed above as item # 11. This ordinance was put into place due to access issues for the fire department at apartment complexes. During an emergency event, the fire department would have trouble accessing the rear of the proposed building properly. This would hinder firefighting and rescue operations. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2021 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. (4) Subgrade emergency access lanes. (a) A subgrade emergency access lane is designed to provide emergency vehicle accessibility in lieu of paved, hard-surfaced fire lanes where permitted under subsection 5 [(5)](a) of this section. A subgrade emergency access lane shall not be substituted for a required secondary fire lane. (b) All subgrade emergency access lanes shall be established at a minimum width of 18 feet and shall be set back from all building walls in accordance with the Delaware State Fire Protection Regulations. The planning commission may waive the 18-foot width requirement when demarcation is enhanced beyond the standards set forth in paragraph [subsection (4)](d) below. 38

Item 1. (c) All subgrade emergency access lanes shall be constructed on a level subgrade compacted to at least 2,000 pounds per square foot. The compacted subgrade shall be overlaid with three to four inches of compacted crusher run (CR1-2.5″) underneath four inches of compacted crusher run (CR6-1.5″) to form a compacted subbase. The compacted subbase shall be covered with at least four inches of topsoil and shall be graded and seeded or sodded. (See figure 17.1.) (d) All subgrade emergency access lanes shall be designated and identified by shrub plantings, fencing, signage or any combination of materials to adequately delineate such access way, subject to approval by the City of Dover Fire Marshal. When shrub plantings are to be used for lane demarcation, such plantings shall be evergreen and of a columnar, upright form, with [a] tight branching habit. Shrub planting selection shall be subject to final approval by the city planner. Demarcation shrub plantings shall be spaced no greater than 40 feet on center on straight sections of access lane and no greater than 20 feet on center on curved sections. (e) All subgrade emergency access lanes shall be maintained free of obstruction. The placement of fences, buildings, landscaping, gardens, play equipment or any other form of obstruction shall be prohibited from placement within the boundaries of subgrade emergency access lanes. The area reserved for [an] emergency access lane shall be subject to all property maintenance ordinances of the City of Dover, including those governing grass cutting, and landscape maintenance. Violations are punishable as misdemeanor offenses under the applicable ordinances of the City of Dover. (f) At points of access to subgrade emergency access lanes, there shall be provided an adequate curb depression of at least 24 feet in width. Such access points shall be designated as restricted use and controlled by signage, pavement marking, gates or fencing to prevent the use of such lane for purposes other than emergency vehicle access. The methods employed to ensure controlled access shall be reviewed, approved and inspected by the fire marshal on a case by case basis prior to the issuance of a certificate of occupancy for associated buildings. 39

Item 1. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Luther Village IV – Senior Citizen Housing Option FILE#: C-24-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Brian Williams PHONE#: 302-760-2141 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Pre-submittal meeting required. 40

Item 1. KENT CONSERVATION DISTRICT 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY AUGUST 2024 APPLICATION: Luther Village IV: Planned Neighborhood Design – Senior Citizen Housing Option on Babb Drive FILE #: C-24-02 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Cullen Baker PHONE: (302) 608 – 5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. A pre-application meeting will be required to be scheduled with KCD to discuss requirements for plan approval. ADVISORY COMMENTS TO THE APPLICANT: 1. The proposed plan will need to show that Luther Village Phase 4 stormwater will drain into the existing stormwater facilities. If any portion of Phase 4 cannot then other stormwater facilities will need to be constructed in Phase 4. 41

Item 1. CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: 9/4/2024 Organization C-24-02 Luther Village IV: Planned Neighborhood Design - Senior Citizen Housing Option on Babb Drive FILE # C-24-02 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Malcolm Jacob PHONE #: (302) 387-6030 Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission Conditional Use Site Plan Review C-24-02 Luther Village IV: Planned Neighborhood Design - Senior Citizen Housing Option on Babb Drive The MPO has no objections to the Conditional Use Site Plan. The path system that will run between buildings is likely to promote active recreation and provide a safe means of walking throughout the property. It will also connect to the existing DART bus stop on Babb Drive. Walkable neighborhoods are especially important for older communities, where many of the residents may not drive a personal vehicle. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 42

Item 1. September 4, 2024 C 1243-7 Planning Commission City of Dover, Delaware 15 Loockerman Plaza Dover, DE 19901 SUBJECT: LUTHER VILLAGE, WAIVER REQUESTS DOVER, DELAWARE To Whom It May Concern: I am writing to formally request waivers from specific requirements outlined in Appendix A, “Subdivisions,” of the Dover Code of Ordinances for C-24-02 Luther Village Phase IV. We believe that granting these waivers will facilitate the successful development of the project while maintaining conformity with the overall objectives of the PND-SCHO Master Plan. Curb Installation Requirement: In accordance with Article VII §A.2., we are requesting a waiver from the requirement of Article VI §G.1.C requiring curb along major subdivisions. In keeping with the existing conditions, we are proposing grass up to the edge of pavement to facilitate drainage and stormwater management on the access road (Bunnell Way). Two Connections to a Public Street: In accordance of Article VII §A.1, we are requesting a waiver from Article VI, §A.8(b), requiring a second connection to a State or City maintained street if a development contains 150 or more dwelling units. Currently, three (3) phases of the previously approved Planned Neighborhood Development have been constructed, with 148 dwelling units currently available. Phase IV proposes an additional 72 units. The previously approved connection, Phase V A, creates a closed loop whereby no functional relief is attained through traffic using the new entrance until Phase V is constructed. The second connection will have an immense benefit for Phases V through IX, serving an additional spur road to those phases. 43

Item 1. C 1243-7 Planning Commission September 4, 2024 Page Two Street Frontage for Parcel: In accordance with Article VII §A.1, we are requesting a waiver from the requirement of Article VI §E.5. requiring all lots in a subdivision to have frontage on a public street. We are proposing the creation of a parcel without street frontage noting that the residual development including the entrance maintains frontage along a public street. The creation of this parcel, focused on Phase IV, is necessary to facilitate grant funding and ownership requirements relating to maintenance. Similar waivers were approved for Phase I through Phase III. Reduction in Bicycle Parking: In accordance with Article VII §A.1, we are requesting a waiver for the requirement of Appendix B Article 6 §3.10. requiring one bicycle parking space for every 20 vehicular parking spaces. There are currently 6 spaces on site serving Phase III that are, due in part to the demographics of the tenants, underutilized. Only 2 residents currently use the bike racks. There are an additional 6 bicycle spaces proposed by this plan, satisfying the requirements of Phase IV, however, Phases I and II do not have any bicycle parking as it was not a code requirement at the time of plan approval for those phases. Depending on the status of grant funding availability, bicycle spaces may be contemplated in phases I and II in the future. We trust that you find these requests reasonable and aligned with the overall goals of the code. We are confident that the proposed modifications will enhance the project’s effectiveness and contribute positively to the community. We appreciate your time and consideration in reviewing our waiver requests and look forward to your favorable response. Very truly yours, Craig M. Lynch, P.E. Project Engineer cc: Rick Murphy, Martin Luther Foundation of Dover 44 P:\C1243 LUTHER VILLAGE\C1243-7 Record and Construction Plans\Correspondence\Letters\2024-09-04(CMLltr_DoverPC)C1243-7.docx

Item 1. SITE PLAN DE STATE PLAN NAD 83/91 FOR S. D S TRE ET UP T AN ON E RM LUTHER VILLAGE IV HI OCK W E. LO SITE GH ( AY 13) NN HU D. HN N R JO OW BR BABB DRIVE CITY OF DOVER - EAST DOVER HUNDRED - KENT COUNTY - DELAWARE LITTLE CREEK 13) ROAD AY ( GENERAL DATA: B S. T HI AY 1. TAX PARCEL NUMBERS: 05-77.06-02-90.00, 05-77.06-02-90.01, 05-77.06-02-90.02 GHW RO AD 2. SOURCE OF TITLE: INSTRUMENT 2014-254106 UPO (1 N 13 ) 3. GROSS AREA: 33.63± ACRES S. D LUTHER VILLAGE IV OF DOVER, INC. PARCEL: 02.79± ACRES "EDGEHILL ACRES" LOCATION MAP 1"=1200' CITY OF DOVER - EAST DOVER HUNDRED - KENT COUNTY, DELAWARE 4. EXISTING ZONING: RG-2, GENERAL RESIDENTIAL PROPOSED ZONING: RG-2, GENERAL RESIDENTIAL ZONED R-8 CONDITIONAL USE: PLANNED NEIGHBORHOOD DESIGN SENIOR CITIZEN HOUSING OPTION N45°39'39"E 1373.03' BULK AREA RESTRICTIONS: RG-2 958.32 PHASE 5 S44°20'21"E LUTHER VILLAGE IV LOT AREA PER DWELLING UNIT 1700 SF/DU ' 86,921.48± SF 1 83/9 D LOT WIDTH (FT.) 100 NA AN N45°39'39"E 48 LOT DEPTH (FT.) 125 OWNER/DEVELOPER PL DE STATE PLAN NAD 83/91 ATE 127.61' FRONT YARD (FT.) 30 ST E FH D MINIMUM SIDE YARD (FT.) 10 EXISTING 0' "CLEARVIEW MEADOW" TOTAL SIDE YARDS (FT.) 50 9.2 ST . 29 MARTIN LUTHER FOUNDATION OF DOVER, INC. REAR YARD (FT.) 30 AN OFF-STREET PARKING SPACES: 1 STORMWATER E RM CK S46°22'17"E MANAGEMENT SITE PLAN BUILDING HEIGHT: 40' FH O LO SITE BUILDING STORIES: 3 47 E. AREA "E 430 KINGS HIGHWAY 3 GrB LOT COVERAGE: 60% 5'4 FLOOR AREA RATIO: N/A (2.18± ACRES) PROPOSED 30' HDPE STORM CULVERT N1 7°4 (HS FOR ACCESS TO PUBLIC STREET: BABB DRIVE UlA GB (HS ) ZONED R-8 DOVER, DE 19901 5. TOPOGRAPHIC SURVEY: HkB (HSG ' 3-S GC B) 97 .07 ) 46 E 1 TOR FUTURE 3-STORY APARTMENT BUILDING FUTURE 3-STORY APARTMENT BUILDING A. FIELD SURVEYS BY LANDMARK ENGINEERING, INC., APRIL 2013, FEB 2017, JUNE & JULY 2024, '02" 63 UNITS 63 UNITS Up (HSG C °57 YA AND A PHOTOGRAMMETRIC SURVEY BY AXIS GEOSPATIAL LLC FROM FLIGHT ON 02/10/2013. ) N23 ING (302) 674-1408 SG B) R=600.00' ED ILD E= A=83.71' (FF NITS PHASE 7 PHASE 9 POS T BU B. VERTICAL DATUM: NAVD 88 72 U 297.27' CHD=N22°03'47"W PRO TMEN C. PROJECT BENCHMARK: ELEVATION = 36.16 (EXISTING SMH RIM, NEAR END OF BABB DR,) 106,300.32± SF 189,918.52± SF GrB (H S66 CHL=83.64' FH 45 PAR 35.5 ) HN PERIMETER PROPERTY CORNER MARKERS: R=125.00' FH °02 FD C JO '58" ● ■ EXISTING (10) A=54.75' NN ○ □ PROPOSED (0) HU CHD=N08°39'37"W E 3 C) BR CHL=54.32' 6. WATER SUPPLY: CITY OF DOVER 26. SG 44 OW 40' (H N R=40.00' RD WATER MAIN OUTSIDE CITY OF DOVER RIGHT OF WAY SHALL BE PRIVATELY MAINTAINED. A . A=50.29' Ul 1' CHD=S10°21'19"E FUTURE 7. SANITARY SEWER: CITY OF DOVER .7 STORMWATER MANAGEMENT 1 66 '3 9"W CHL=47.04' AREA °39 SANITARY MAIN OUTSIDE CITY OF DOVER RIGHT OF WAY SHALL BE PRIVATELY MAINTAINED. "E S25 43 BABB DRIVE '19 53 .38' FUTURE 2-STORY 8. TRASH REMOVAL: PRIVATE 3° 233 TOWN CENTER PHASE 5A R=40.00' N0 16,000± SQ. FT. 48,528.87± SF 9. DEBRIS DISPOSAL: NO DEBRIS WILL BE BURIED OR DISPOSED OF ON THIS SITE. A=26.26' ' PHASE 5 CHD=N14°55'13"W 16 7.51 86,921.48± SF CHL=25.79' W S08°32'04"W 42 9" 7' 10. LOT COVERAGE: PROPOSED: 6.65 ACRES °39'3 74.2 45.45' S25 OWN ' 120.28 PERMITTED (60%): 20.18 ACRES 93.2 5' 66.3 11. NO 100-YEAR FLOOD PLAIN EXISTS ON THIS PARCEL IN ACCORDANCE WITH FLOOD INSURANCE 3' PHASE 6 LOCATION MAP 1"=400' (WIDT ROAD .63' 3'46"W °20 RATE MAP, 10001C0167H, DATED MAY 5, 2003. 50 E 2 151,439.67± SF 41 S64 .12' '39" PHASE 8 '2 PHASE 5B H VAR °39 °20 "CLEARVIEW MEADOW" 12. CRITICAL NATURAL AREAS: THE STATE INVENTORY OF CRITICAL NATURAL AREAS HAS BEEN AY N25 N33°4 '21" 79,840.59± SF 105 EXAMINED AND NONE WERE FOUND TO EXIST ON THE SITE. S11°11'02"E 93.10' 43,944.71± SF S64 H VAR R IES) ELL W E UNN B IES) 13. WETLANDS: THIS SITE WAS EVALUATED IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN FUTURE 3-STORY APARTMENT BUILDING FUTURE 3-STORY APARTMENT BUILDING 68 UNITS 63 UNITS THE 1987 CORPS OF ENGINEERS WETLAND DELINEATION MANUAL (TECHNICAL REPORT Y-87-1), AND S25°39'39"W 48.75' 40 SUBSEQUENT PUBLIC NOTICES AND REGIONAL SUPPLEMENTS TO IDENTIFY THE PRESENCE OF 1"E WALKING PATH UT BUNN (WIDT RT H O JURISDICTIONAL WETLANDS, AND NO WETLANDS WERE FOUND TO EXIST ON THE SITE. N JOHN 249 .73' N33°43'46"W 115.13' .08' 14. TREE PRESERVATION: THE DEVELOPER SHALL PRESERVE ALL TREES ON THIS SITE EXCEPT 144 259 H ZONED R-8 P.O. BOX 299 WHERE NECESSARY TO CONSTRUCT BUILDINGS, ACCESSWAYS, AND UTILITIES, AND WHERE .20' SELECTIVE THINNING OF EXISTING VEGETATION IS APPROVED. EXISTING PLANT MATERIALS 200 CONTINENTAL DRIVE DESIGNATED TO REMAIN ON THIS PLAN, OR THE LANDSCAPE PLAN, SHALL BE PRESERVED AND .06' 39 CR-02 CR-03 PERRYVILLE, MD 21903 BENCHMARK: SUITE 400 326 PROPERLY PROTECTED DURING CONSTRUCTION. IN THE CASE OF UTILITY RIGHTS-OF-WAY AND EASEMENTS, ANY DISTURBED AREAS SHALL BE REPLANTED SO AS TO ACHIEVE A RECURRENCE OF SMH RIM, ELEV.: 36.16 NEWARK, DE 19713 PHONE (410) 939-2144 NATURAL VEGETATIVE COVER. PHONE (302) 323-9377 S42°36'51"E 125.59' R=1090.00' R=1090.00' 38 15. LAND DEVELOPMENT DATA: A=5.99' A=263.80' FAX (302) 323-9461 FAX (302) 323-9461 R=150.00' CHD=S20°38'00"W CHD=S27°43'27"W A=263.40' EXISTING BUILDING AREA: (50,009 SF) 1.15 ACRES = 03.42% N33°4 CHD=N84°02'03"W CHL=5.99' CHL=263.16' WWW.LANDMARK-SE.COM EXISTING PAVED AREA: 3.70 ACRES = 11.00% CR-05 INFOMD @ LANDMARK-SE.COM Landmark R=150.00' PHASE 9 CHL=230.84' R=975.00' INFO @ LANDMARK-SE.COM 3'46"W EXISTING STORMWATER MANAGEMENT (SWM) AREA: 2.18 ACRES = 06.48% A=65.93' FH PHASE 6 950.01' PROPOSED BUILDING AREA: (19,027 SF) 0.44 ACRES = 01.31% PHASE 5A A=59.90' 189,918.52± SF 37 CHD=S33°04'06"W PROPOSED PAVED AREA: PROPOSED SWM AREA: 1.36 ACRES = 04.04% -0- ACRES = 00.00% CHL=65.40' 48,895.41± SF CHD=S43°54'03"W CHL=59.89' 151,439.67± SF CR-04 PROPOSED OPEN & LANDSCAPE SURFACE AREA: 24.8 ACRES = 73.75% FH N56°08'17"W 50.00' 640.29' S45°39'39"W 33 S45°39'39"W 121.47' 36 TOTAL 33.63 ACRES = 100% 8. FH 89 ' FH 52 27 28 29 30 31 32 33 34 35 16. PARKING DATA: PHASE IV TYPICAL PARKING SPACES SHALL MEASURE 9' X 18'. JO FH S06°23'32"W 43.94' "CLEARVIEW MEADOW" PROPOSED USE: PND SENIOR CITIZEN HOUSING OPTION 6.25' R=1000.00' 99 ZONED R-8 HN A=315.11' R=950.00' PARKING SPACES REQUIRED: 72 SPACES PARKING SPACES PROVIDED: 82 SPACES W N N35°52'0 CHD=S24°50'05"W CHL=313.81' A=101.61' CHD=S36°55'33"W KEY MAP 1"=400' 3"W 24 O ES) CHL=101.56' BRVARI (INCLUDING 4 HANDICAPPED PARKING SPACES) BLUECOAT STREET Science & Engineering PARKING RATIONALE: 1 SPACE/ DU = 72 SPACES C) ) NNDTH HSG GB (WIDTH VARIES) LOADING BAYS (12' X 60' MIN) REQUIRED: 1 BAY PER APT. BUILDING HU (WI (HS R=1000.00' AD ROES) LOADING BAYS PROVIDED: 1 BAY A=209.22' 5 Up ( AD N8 °3 GrB CHD=S09°48'49"W LL ARI RO HI V 17. FIRE PROTECTION: ALL FIRE LANES, FIRE HYDRANTS, SPRINKLERS, STANDPIPE CONNECTIONS AND CHL=208.84' 9'4 FIRE EXITS SHALL BE MARKED AND PROTECTED IN ACCORDANCE WITH THE DELAWARE STATE FIRE PREVENTION REGULATIONS. A FIRE MARSHAL RECORD-TYPE PLAN, LAST DATED XX/XX/XXXX, OR 6" W B IDTH AS LATER AMENDED AND APPROVED IN WRITING BY THE STATE FIRE MARSHAL, IS HEREBY NO (W CONSIDERED PART OF THIS PLAN. S03°49'14"W 24.64' LA FIRE HYDRANTS: FH FH (7) EXISTING E E FH FH (2) PROPOSED R IV S) IV D IE AR DR S) B V G RIE AB TH 18. DRAINAGE, EROSION AND SEDIMENT CONTROL AND STORMWATER MANAGEMENT SHALL COMPLY WITH THE THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL'S B (WID BU H VA DY(WID T ALL CONSTRUCTION MUST BE DONE THIS DRAWING DOES NOT INCLUDE DELAWARE SEDIMENT AND STORMWATER REGULATIONS AND THE DELAWARE EROSION AND SEDIMENT CONTROL HANDBOOK, 2023 IN COMPLIANCE WITH 19. A LANDSCAPE PLAN PREPARED BY XXXXXXXXXXXXXX, LAST DATED XX/XX/XXXX, OR AS LATER PLAN VIEW THE OCCUPATIONAL SAFETY AND NECESSARY COMPONENTS FOR AMENDED IS HEREBY CONSIDERED TO BE A PART OF THIS PLAN. SCALE 1" = 100' 20. POSTAL ADDRESS: 400 BABB DRIVE HEALTH ACT OF 1970 AND THE RULES AND REGULATIONS CONSTRUCTION SAFETY. 21. WAIVER: RELIEF FROM THE CITY OF DOVER CODE APPENDIX A, ARTICLE VI, §A.8(b), REQUIRING A SECOND CONNECTION TO A STATE OR CITY-MAINTAINED STREET IF A DEVELOPMENT CONTAINS 150 OR MORE DWELLING UNITS. THERETO APPURTENANT 22. ALL STORMWATER MANAGEMENT FACILITIES ARE TO BE OWNED AND MAINTAINED BY THE COMMISSION: SHEET: CR-01 of 05 PROJECT'S OWNER. 200 C 2024 LANDMARK SCIENCE & ENGINEERING DESIGN BY: CML\RWS DATE: 08/01/2024 C1243-7 SCALE: 1"=100' 23. AIRPORT ZONE: THE US DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, CERTIFICATION OF PLAN ACCURACY CERTIFICATION OF OWNERSHIP SHALL HAVE THE RIGHT AND AUTHORITY TO IMPLEMENT SUCH RESTRICTIONS AND SAFEGUARDS FILE NAME: C1243-7 Site Plan.dwg ON THE PREMISES, AS MAY BE REASONABLY NECESSARY TO PROTECT THE SAFETY AND WELFARE I, CRAIG M. LYNCH, P.E., HEREBY CERTIFY THAT I AM A REGISTERED ENGINEER IN THE STATE OF I, RICHARD MURPHY of the MARTIN LUTHER FOUNDATION OF DOVER, INC, HEREBY CERTIFY GRAPHIC SCALE OF THE PUBLIC. DELAWARE, THAT THE INFORMATION SHOWN HEREON HAS BEEN PREPARED UNDER MY THAT I AM THE OWNER'S RIGHTFUL REPRESENTATIVE OF THE PROPERTY DESCRIBED AND CR-01 SUPERVISION, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, REPRESENTS GOOD SHOWN ON THIS PLAN, THAT THE PLAN WAS MADE AT THE OWNER'S DIRECTION, AND THAT 24. MAINTENANCE OF COMMON FACILITIES: FOR MAINTENANCE OF THE COMMON FACILITIES SOILS CHART ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE STATE OF DELAWARE. THEY ACKNOWLEDGE THE SAME TO THEIR BY ACT AND DESIRE THE PLAN TO BE DEVELOPED INCLUDING THE STORMWATER MANAGEMENT FACILITY AND COMMON AREAS SHOWN ON THE PLAN, SOIL TYPE DESCRIPTION HSG 100 AS SHOWN AND IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. SEE THE MAINTENANCE DECLARATION DATED 11/23/2004, AND OF RECORD IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR KENT COUNTY, STATE OF DELAWARE, PLOT BOOK 671, PAGES UIA UNICOM LOAM, 0 TO 2 PERCENT SLOPES C THE PURPOSE OF THIS PLAN IS TO DEVELOP PHASE 4 OF DRAWN BY: RWS CHECK BY: CML GrB GREENWICH LOAM 2 TO 5 PERCENT SLOPES B 129 AND 308. A MASTER-PLANNED SENIOR HOUSING OPTION FACILITY 50 Up URBAN LAND C 25. THE NOTICE OF INTENT (NOI) FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION HkB HAMBROOK-URBAN LAND COMPLEX, 0 TO 5 PERCENT SLOPES B CONSISTING OF 72 APARTMENTS AND ASSOCIATED SIGNATURE DATE RICHARD MURPHY, BOARD PRESIDENT DATE ACTIVITY UNDER A NPDES GENERAL PERMIT HAS BEEN FILED WITH THE STATE OF DELAWARE IMPROVEMENTS. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL FOR THIS PROJECT AND MARTIN LUTHER FOUNDATION OF DOVER, INC. 0 HAS BEEN ASSIGNED DATABASE I.D. # . 45

Item 1. WALKING PATH RT H NO CR-02 CR-03 CHECKED BY CR-05 CR-04 REVISIONS N45°39'39"E 1373.03' MATCH LINE SEE SHEET CR-03 OF 05 KEY MAP 1"=400' END OF PROPOSED 30' WIDE PAVED DRIVE CITY OF DOVER - EAST DOVER HUNDRED - KENT COUNTY, DELAWARE PROPOSED PCC CURB TYPE 1-6 (TYP) W W W W LUTHER VILLAGE IV R W ip -R LEGEND ap TREES TO BE W REMOVED (3) 30' 0' W 9.2 OWNER/DEVELOPER EXISTING VERTICAL PCC CURB 29 PROPOSED 6' WIDE PAVED WALK (TYP.) PROPOSED PCC CURB TYPE 1-6 W 6"FW MARTIN LUTHER FOUNDATION OF DOVER, INC. EXISTING PCC SIDEWALK PROPOSED 30' WIDE PAVED DRIVE (TYP.) W SITE PLAN PROPOSED PCC SIDEWALK W/ RAMP 430 KINGS HIGHWAY PROPOSED 6' CROSSWALK (TYP.) PROPOSED PAVED WALKWAY W FOR 6"F EXISTING BUILDING W PROPOSED BUILDING EXISTING W DOVER, DE 19901 PROPOSED FIRE WATER STORMWATER MANAGEMENT (302) 674-1408 PROPOSED GAS SERVICE PROP. STORMWATER MANAGEMENT ESMT. FH AREA EXISTING FIRE HYDRANT (2.18± ACRES) W G W 6"F FH PROPOSED FIRE HYDRANT PROPOSED 5' WIDE EXISTING FENCE PCC SIDEWALK (TYP) PROPOSED W 20' x 20' CONC. PAD 24' PROPOSED 30' HDPE P) W EXISTING WATER MAIN (TY STORM CULVERT 18' P) W PROPOSED WATER MAIN (TY W 6"F SS EXISTING SANITARY SEWER W '43 "E (TY 9' 5 7°4 P) N1 PROPOSED GAZEBO PROPOSED SANITARY SEWER W/ MANHOLE (SEE ARCH. PLANS) EXISTING STORM DRAIN W/ INLET TREE TO BE REMOVED 3-S W EXISTING SIGN W 6"F N33°43 TOR '4 GAZEBO TO BE RELOCATED AT ' 6"W 9 THE DIRECTION OF THE OWNERS 97 .07 E 1 T W 2" 57'0 PAR 35.5 ° 58.32' N23 ) PRO Y A (FFE= NITS END OF EXISTING 6"F PAVED DRIVE W SED ILD W 72 U R=600.00' PO NT BU A=83.71' CHD=N22°03'47"W P.O. BOX 299 CHL=83.64' 200 CONTINENTAL DRIVE PERRYVILLE, MD 21903 SUITE 400 6"F ME W NEWARK, DE 19713 FH PHONE (302) 323-9377 PHONE (410) 939-2144 TREES TO BE FAX (302) 323-9461 REMOVED (3) FAX (302) 323-9461 WWW.LANDMARK-SE.COM ING W UE INFOMD @ LANDMARK-SE.COM FH Landmark FD W W C INFO @ LANDMARK-SE.COM 10" W '58" °02 4"D W W PROPOSED S66 R=125.00' 4"F 4" DOMESTIC W A=54.75' W WATER CHD=N08°39'37"W W E 3 CHL=54.32' 26. W 40' 10" P:\C1243 LUTHER VILLAGE\C1243-7 RECORD AND CONSTRUCTION PLANS\PLANS\SITE (RECORD)\C1243-7 SITE PLAN.DWG Science & Engineering "W 10 4-S AY TREES TO BE YA ss W S) REMOVED (2) LL ARIE TOR PROPOSED SANITARY E ING SERVICE N V N ID TH NG BUILD 4 B U (W STI "W 10 EXI MENT T PAR8 UNITS 30 ' "W PROPOSED RESIDENT AMENITY 10 (SEE ARCH. PLANS) 1' ALL CONSTRUCTION MUST BE DONE THIS DRAWING DOES NOT INCLUDE 6.7 16 PROPOSED SANITARY THIS DRAWING AND THE DESIGN 9" E SEWER MAIN SHOWN ARE THE EXCLUSIVE IN COMPLIANCE WITH 1 53' THE OCCUPATIONAL SAFETY AND 3° SCO PROPERTY OF LANDMARK NECESSARY COMPONENTS FOR "W SCO N0 10 SCIENCE AND ENGINEERING AND FUTURE DRIVE HEALTH ACT OF 1970 AND .38' SHALL NOT BE ALTERED OR 233 THE RULES AND REGULATIONS SS CONSTRUCTION SAFETY. > COPIED WITHOUT WRITTEN "W PERMISSION. THERETO APPURTENANT 10 COMMISSION: SHEET: CR-02OF 05 TREES TO BE NG ENT 60 08/01/2024 C 2024 LANDMARK SCIENCE & ENGINEERING STI R=40.00' REMOVED (2) SS EXI RESID M C1243-7 A=26.26' SCALE: 1"=30' > CHD=N14°55'13"W Y OO FILE NAME: C1243-7 Site Plan.dwg "W TOR CHL=25.79' 10 YR 1-S TIVIT GRAPHIC SCALE DESIGN BY: CML\RWS DATE: CR-02 AC 7' .51' 74.2 S08°32'04"W 167 "W SS 45.45' 30 9'39 S25°3 > DRAWN BY: RWS CHECK BY: CML 10"W 15 SS E 93.2 5' '21" °20 S64 3' 66.3 > 0 46 CO RD

Item 1. St ep St s St WALKING PATH ORT ep N H s ep St s ep St ep s s St ep s St ep St "EDGEHILL ACRES" s ep CR-02 CR-03 ZONED R-8 s CHECKED BY CR-05 CR-04 N45°39'39"E 1373.03' REVISIONS MATCH LINE SEE SHEET CR-02 OF 05 PHASE 5 86,921.48± SF N/F KEY MAP 1"=400' CHARLES & SHIRLETTA MARSHALL FUTURE WALKING PATH (TYP) TP# 2-05-07707-08-4800 FUTURE DRIVE CITY OF DOVER - EAST DOVER HUNDRED - KENT COUNTY, DELAWARE N45°39'39"E 127.61' W W W LUTHER VILLAGE IV LEGEND FH OWNER/DEVELOPER EXISTING VERTICAL PCC CURB S46°22'17"E PROPOSED PCC CURB TYPE 1-6 MARTIN LUTHER FOUNDATION OF DOVER, INC. EXISTING PCC SIDEWALK SITE PLAN PROPOSED PCC SIDEWALK W/ RAMP PROPOSED PAVED WALKWAY FOR 430 KINGS HIGHWAY N/F EXISTING BUILDING THOMAS DOVER, DE 19901 FH PRZEMYSLAW PROPOSED BUILDING KARLOWSKI TP# 2-05-07707-08-4700 (302) 674-1408 PROP. STORMWATER MANAGEMENT ESMT. "CLEARVIEW MEADOW" FH EXISTING FIRE HYDRANT FH PROPOSED 5' WIDE PROPOSED FIRE HYDRANT PCC SIDEWALK (TYP) EXISTING FENCE 24' P) (TY W EXISTING WATER MAIN ZONED R-8 W PROPOSED WATER MAIN 9' 24' P) SS EXISTING SANITARY SEWER (TY EV 18' AR P) (TY PROPOSED SANITARY SEWER W/ MANHOLE CH G EXISTING STORM DRAIN W/ INLET GIN N/F CES DAVID DEVARD S44°20'21"E 950.01' EXISTING SIGN (TY 9' SPA FUTURE 3-STORY APARTMENT BUILDING P) TP# 2-05-07707-08-4600 (8) FUTURE 3-STORY APARTMENT BUILDING 63 UNITS 63 UNITS PHASE 7 PHASE 9 106,300.32± SF 189,918.52± SF N/F P.O. BOX 299 LISA M. 200 CONTINENTAL DRIVE 6"F RIVERA-VELEZ & PERRYVILLE, MD 21903 W EUGENIO M. SUITE 400 PROPOSED PCC CURB TYPE 1-6 (TYP) RODRIGUEZ NEWARK, DE 19713 PHONE (410) 939-2144 FH TP# 2-05-07707-08-4500 PHONE (302) 323-9377 FAX (302) 323-9461 UE FAX (302) 323-9461 FD C WWW.LANDMARK-SE.COM INFOMD @ LANDMARK-SE.COM Landmark INFO @ LANDMARK-SE.COM PROPOSED ELECTRIC SERVICE 297.27' N/F VALERIE KELYATTA BANKS P:\C1243 LUTHER VILLAGE\C1243-7 RECORD AND CONSTRUCTION PLANS\PLANS\SITE (RECORD)\C1243-7 SITE PLAN.DWG TP# 2-05-07707-08-4400 Science & Engineering PROPOSED 5' WIDE PCC SIDEWALK (TYP) R=40.00' W A=50.29' '39" S25 °39 CHD=S10°21'19"E CHL=47.04' FUTURE FUTURE SECOND FLOOR ENCLOSED WALKWAY (TYP) FUTURE DRIVE STORMWATER MANAGEMENT AREA N/F DEBRA KAY EVANS TP# 2-05-07707-08-4300 ALL CONSTRUCTION MUST BE DONE THIS DRAWING DOES NOT INCLUDE THIS DRAWING AND THE DESIGN SHOWN ARE THE EXCLUSIVE IN COMPLIANCE WITH FUTURE 2-STORY PROPERTY OF LANDMARK THE OCCUPATIONAL SAFETY AND TOWN CENTER NECESSARY COMPONENTS FOR FUTURE DRIVE PHASE 5A SCIENCE AND ENGINEERING AND HEALTH ACT OF 1970 AND 48,528.87± SF 16,000± SQ. FT. SHALL NOT BE ALTERED OR THE RULES AND REGULATIONS CONSTRUCTION SAFETY. COPIED WITHOUT WRITTEN PERMISSION. THERETO APPURTENANT 08/01/2024 1"=30' PHASE 5 COMMISSION: SHEET: CR-03OF 05 60 C 2024 LANDMARK SCIENCE & ENGINEERING 86,921.48± SF C1243-7 N/F FILE NAME: C1243-7 Site Plan.dwg LESLIE MOSLEY SCALE: GRAPHIC SCALE TP# 2-05-07707-08-4200 DESIGN BY: CML\RWS DATE: CR-03 30 DRAWN BY: RWS MATCH LINE SEE SHEET CR-04 OF 05 CHECK BY: CML 15 0 47

Item 1. 86,921.48± SF N/F LESLIE MOSLEY TP# 2-05-07707-08-4200 MATCH LINE SEE SHEET CR-03 OF 05 CHECKED BY PHASE 6 151,439.67± SF N/F LISA L. TOLBERT-SCOTT TP# 2-05-07707-08-4100 PHASE 8 REVISIONS 79,840.59± SF FUTURE 3-STORY APARTMENT BUILDING FUTURE 3-STORY APARTMENT BUILDING N/F 68 UNITS 63 UNITS MICHAEL D. SCOTT CITY OF DOVER - EAST DOVER HUNDRED - KENT COUNTY, DELAWARE MATCH LINE SEE SHEET CR-05 OF 05 TP# 2-05-07707-08-4000 "CLEARVIEW MEADOW" LUTHER VILLAGE IV OWNER/DEVELOPER ZONED R-8 MARTIN LUTHER FOUNDATION OF DOVER, INC. S44°20'21"E 950.01' SITE PLAN FOR 430 KINGS HIGHWAY N/F SERGE ARSENE NYA NYANDA & CHRISTELLE DOVER, DE 19901 FRIDELINE NAYAKIE NYA TP# 2-05-07707-08-3900 (302) 674-1408 N/F THOMAS BOYCE TP# 2-05-07707-08-3800 FUTURE DRIVE PHASE 9 189,918.52± SF N/F BENJAMIN HERRERA TP# 2-05-07707-08-3700 PHASE 6 151,439.67± SF P.O. BOX 299 200 CONTINENTAL DRIVE PERRYVILLE, MD 21903 SUITE 400 NEWARK, DE 19713 PHONE (302) 323-9377 PHONE (410) 939-2144 N/F FAX (302) 323-9461 FAX (302) 323-9461 S45°39'39"W 640.29' GARY LEWIS R=975.00' TP# 2-05-07707-08-3600 WWW.LANDMARK-SE.COM INFOMD @ LANDMARK-SE.COM Landmark A=59.90' INFO @ LANDMARK-SE.COM CHD=S43°54'03"W CHL=59.89' S06°23'32"W 43.94' "CLEARVIEW MEADOW" R=950.00' ZONED R-8 A=101.61' CHD=S36°55'33"W N/F CHL=101.56' CLEARVIEW N/F N/F N/F N/F N/F N/F N/F N/F N/F MEADOW NIKITA WEBB DANIEL D. & ANN MASTINGOR & ANNE JEAN KIMBERT MARCELIN & ZENAIDA NIEVES-CORDERO AHMED ALSAMET ABDO HOMEOWNERS EILEEN V. WILLIAMS ANH NGUYEN P:\C1243 LUTHER VILLAGE\C1243-7 RECORD AND CONSTRUCTION PLANS\PLANS\SITE (RECORD)\C1243-7 SITE PLAN.DWG CYNTHIA M. TWINE TP# 2-05-07707-08-3400 TP# 2-05-07707-08-3500 TP# 2-05-07707-08-2700 TP# 2-05-07707-08-2800 TP# 2-05-07707-08-2900 TP# 2-05-07707-08-3000 M. EMERSON MARIE DESIR MARCDARLINE CLEDOMY ASSOCIATION N/F TP# 2-05-07707-08-3200 TP# 2-05-07707-08-3300 TP# 2-05-07707-08-3100 TP# 2-05-07707-08-5200 ROSHRON B. GIVENS Science & Engineering TP# 2-05-07707-07-9900 LEGEND EXISTING VERTICAL PCC CURB EXISTING HOUSE PROPOSED PCC CURB TYPE 1-6 EXISTING PCC SIDEWALK ALL CONSTRUCTION MUST BE DONE THIS DRAWING DOES NOT INCLUDE PROPOSED PCC SIDEWALK W/ RAMP THIS DRAWING AND THE DESIGN 58' IN COMPLIANCE WITH WALKING PATH END OF EXISTING BLUECOAT STREET SHOWN ARE THE EXCLUSIVE RT H O PROPOSED PAVED WALKWAY N PAVED DRIVE PROPERTY OF LANDMARK THE OCCUPATIONAL SAFETY AND (WIDTH VARIES) NECESSARY COMPONENTS FOR EXISTING BUILDING 59' SCIENCE AND ENGINEERING AND HEALTH ACT OF 1970 AND 30' PROPOSED BUILDING CR-02 CR-03 SHALL NOT BE ALTERED OR THE RULES AND REGULATIONS CONSTRUCTION SAFETY. COPIED WITHOUT WRITTEN PROP. STORMWATER MANAGEMENT ESMT. PERMISSION. THERETO APPURTENANT FH EXISTING FIRE HYDRANT SHEET: CR-04OF 05 COMMISSION: FH 08/01/2024 60 C 2024 LANDMARK SCIENCE & ENGINEERING PROPOSED FIRE HYDRANT C1243-7 SCALE: 1"=30' EXISTING FENCE CR-05 FILE NAME: C1243-7 Site Plan.dwg GRAPHIC SCALE W EXISTING WATER MAIN CR-04 DESIGN BY: CML\RWS DATE: CR-04 W PROPOSED WATER MAIN 30 SS EXISTING SANITARY SEWER DRAWN BY: RWS CHECK BY: CML PROPOSED SANITARY SEWER W/ MANHOLE 05 EXISTING STORM DRAIN W/ INLET FH EXISTING SIGN KEY MAP 1"=400' 0 48

P:\C1243 LUTHER VILLAGE\C1243-7 RECORD AND CONSTRUCTION PLANS\PLANS\SITE (RECORD)\C1243-7 SITE PLAN.DWG N O RT H SS W W FH FH KEY MAP CR-05 CR-02 LEGEND EXISTING SIGN EXISTING FENCE WALKING PATH EXISTING BUILDING PROPOSED BUILDING EXISTING WATER MAIN PROPOSED WATER MAIN EXISTING FIRE HYDRANT EXISTING PCC SIDEWALK EXISTING SANITARY SEWER PROPOSED FIRE HYDRANT PROPOSED PAVED WALKWAY CR-04 CR-03 PROPOSED PCC CURB TYPE 1-6 EXISTING VERTICAL PCC CURB EXISTING STORM DRAIN W/ INLET PROPOSED PCC SIDEWALK W/ RAMP 1"=400' PROPOSED SANITARY SEWER W/ MANHOLE PROP. STORMWATER MANAGEMENT ESMT. FH 958.32 ' N33°43 '46"W JOHN H UNN B (WIDT ROW N ROA H VAR D IES) HN JO N W O ES) 30' BUNN ELL W BRVARI " N8 (WIDT AY H VAR '46 IES) NNDTH 39 10"W W 5° HU (WI 8 33 10"W AD 9' RO .8 10 "W 10"W 10"W " 10"W N33°43 W10 '46"W 120.28 10 ' "W 10"W R=150.00' 4 10 8"W 7' "W 22 ' A=263.40' CHD=N84°02'03"W N33°43'46"W 115.13' " CHL=230.84' W10 8"W "W 10 > FH 10 8"W "W SS ° N35°52'0 3"W 246 N25 .25' 39'3 10 2 "W "W 9"E 10 W 50.6 3' > 8"W SS S03°49'14"W 24.64' FH 10 "W 10 "W > SS B (WID B V 10 "W 8"W AB TH E AR IV S) R 10 NIT > D IE "W 8U SS Y6 G TOR UILDIN 3-S NG ENT B33 26 STI . ' EXI PARTM F.F. 36 ' A > 50 S45°39'39"W 121.47' SS 10 R=1000.00' "W R=150.00' A=209.22' A=65.93' > CHD=S09°48'49"W SS CHD=S33°04'06"W CHL=208.84' 10 "W CHL=65.40' R=1090.00' > INV. 31.17 105 A=5.99' .12' SS SS SCO 10 CHD=S20°38'00"W "W SS ( S64 IV LA SS CHL=5.99' °20 '21" DR E 2 > 49.2 G IES) SS 0' BU VAR SS DYWIDTH E SS 10" > 144 58' W .08' SS UT 30 ' MATCH LINE SEE SHEET CR-02 OF 05 > SS > S42°36'51"E 125.59' SS 10" W > UT SS > SS SS > 26' SS S25°39'39"W 48.75' > > '66 8"W W 10" SS > SS UT > SS 8"W 30' SS > > 8"W SS > SS FH > S11°11'02"E 93.10' W SS 10" T SS 8"W DEN > ESI Y R O OM TOR Y R 1-S TIVIT 5 AC > 8"W 93.2 ' SS NIT 2U Y3 G 8"W TOR UILDIN 2-S > NG ENT B33 R=1000.00' STI . > SS END OF EXISTING EXI PARTM F.F. 36 R=1090.00' A SS A=315.11' PAVED DRIVE A=263.80' S25 CHD=S24°50'05"W '39 CHD=S27°43'27"W °39 CHL=313.81' > SS E SS WITH BARRICADE '21" > "W > SS CHL=263.16' °20 S64 3' 66.3 167 SS > .51' SS > > SS 74.2 > SS > 7' SS SS > SS > > > SS SS > SS 259 .73' 48,895.41± SF PHASE 5A FH SS > G FUTURE DRIVE > SS > SS G SS > SS > N56°08'17"W 50.00' 60' 326 43,944.71± SF > PHASE 5B S08°32'04"W 30' .06' SS SS > 45.45' SS E > R=950.00' AD SS A=101.61' > ROES) I LL AR C CHD=S36°55'33"W HI V E B IDTH CHL=101.56' END OF EXISTING NO (W PAVED DRIVE WITH BARRICADE MATCH LINE SEE SHEET CR-04 OF 05 N/F REVISIONS CHECKED DRAWN BY: RWS SCALE: 1"=30' THIS DRAWING AND THE DESIGN BY 200 CONTINENTAL DRIVE SHOWN ARE THE EXCLUSIVE PROPERTY OF LANDMARK SUITE 400 SITE PLAN TP# 2-05-07707-07-9900 DESIGN BY: CML\RWS DATE: 08/01/2024 EXISTING HOUSE SCIENCE AND ENGINEERING AND NEWARK, DE 19713 ROSHRON B. GIVENS SHALL NOT BE ALTERED OR PHONE (302) 323-9377 FOR CHECK BY: CML SHEET: CR-05OF 05 COPIED WITHOUT WRITTEN FAX (302) 323-9461 PERMISSION. 0 05 30 60 WWW.LANDMARK-SE.COM LUTHER VILLAGE IV INFO @ LANDMARK-SE.COM THIS DRAWING DOES NOT INCLUDE GRAPHIC SCALE NECESSARY COMPONENTS FOR CITY OF DOVER - EAST DOVER HUNDRED - KENT COUNTY, DELAWARE CONSTRUCTION SAFETY. P.O. BOX 299 PERRYVILLE, MD 21903 COMMISSION: ALL CONSTRUCTION MUST BE DONE IN COMPLIANCE WITH Landmark Science & Engineering PHONE (410) 939-2144 OWNER/DEVELOPER MARTIN LUTHER FOUNDATION OF DOVER, INC. C1243-7 THE OCCUPATIONAL SAFETY AND FAX (302) 323-9461 CR-05 HEALTH ACT OF 1970 AND 430 KINGS HIGHWAY INFOMD @ LANDMARK-SE.COM THE RULES AND REGULATIONS DOVER, DE 19901 THERETO APPURTENANT (302) 674-1408 FILE NAME: C1243-7 Site Plan.dwg C 2024 LANDMARK SCIENCE & ENGINEERING 49 Item 1.

Item 1. 4" TOPSOIL, GRADED AND SEEDED & MULCHED, OR SODDED N45°39'39"E 1373.03' DE STATE PLAN NAD 83/91 S. ET RE 4" COMPACTED CRUSHER RUN (CR6-1.5") N ST PO AN DU RM E G HW CK IG LOO 4" COMPACTED CRUSHER RUN (CR1-2.5") G TH E. SITE CHECKED END OF PROPOSED AY 30' WIDE PAVED DRIVE (1 CML BY G 3) NN HU D. HN N R MIRAFI 600X OR DNREC-APPROVED G FUTURE DRIVE JO OW EQUIVALENT GEOTEXTILE FABRIC 83 BR BABB DRIVE /9 D 1 G N AN A PROPOSED PCC CURB N45°39'39"E PL COMPACTED SUBGRADE, AT LEAST 2000 PSI TE TYPE 1-6 (TYP) 127.61' ST 1. ADD ADDITIONAL HYDRANT BEHIND BUILDING (90% MIN. MODIFIED PROCTOR DENSITY ASTM D1557) D E A G PROPOSED 6' WIDE PAVED WALK (TYP.) 10"W 10"W SUBGRADE EMERGENCY ACCESS LANE SECTION LITTLE CREEK REVISIONS FL 10"W 13) ROAD UPO (NTS) 10"W ' G 30' FL G 29 9 .20 FH PLACE END CAP ON PROPOSED 10" NT H S. BA CEMENT-LINED CLASS 52 DUCTILE IGH D OA S46°22'17"E IRON WATER MAIN EXTENSION 10"W 8"FW WAY YR ( G ) 6"W (113 PROPOSED 30' WIDE PAVED DRIVE (TYP.) S. D FIRE G 10 "W PROPOSED 6' CROSSWALK (TYP.) G PROPOSED FIRE LANE SIGN (TYP., SEE DETAIL) LOCATION MAP 1"=1200' 8"F W FL CITY OF DOVER - EAST DOVER HUNDRED - KENT COUNTY, DELAWARE 6"W PROPOSED 5' WIDE GENERAL DATA: EXISTING G PCC SIDEWALK (TYP) STORMWATER MANAGEMENT 22 PROPOSED GAS SERVICE 1. TAX PARCEL NUMBERS: 05-77.06-02-90.00, 05-77.06-02-90.01, 05-77.06-02-90.02 POND G FL PROPOSED 4" WIDE YELLOW FIRE LANE DEMARCATION LINE (TYP) LANE 2. POSTAL ADDRESS: 400 BABB DRIVE LUTHER VILLAGE IV "W 10 FIRE MARSHAL RECORD TYPE PLAN G 3. GROSS AREA: 33.63± ACRES W 8"F LUTHER VILLAGE IV OF DOVER, INC. PARCEL: 02.79± ACRES 6"W OWNER/DEVELOPER PROPOSED 4. BUILDING USE: SENIOR CITIZEN APARTMENTS 20' x 20' CONC. PAD 9' P) 5. WATER SUPPLY: CITY OF DOVER MARTIN LUTHER FOUNDATION OF DOVER, INC. (TY G 24' 6. PROP. BLDG. HEIGHT / HEIGHT OF HIGHEST FLOOR: 42'-9"± / 21'-4"± PROPOSED 8" FIRE AND 28 P) DOMESTIC WATER SERVICE (TY W 18' 7. BUILDING CONSTRUCTION TYPE: 2B 430 KINGS HIGHWAY 3"E 8"F P) FOR "W '4 6"W °45 17 (TY 10 7 C EV N1 8. BUILDING AREA TOTAL: 58,185± SF x FIRST FLOOR: 20,205± SF G HAR SECOND FLOOR: 18,990± SF DOVER, DE 19901 THIRD FLOOR: 18,990± SF GIN x DENOTES BUILDING WITHIN PAC 9. ALL FIRE LANES, FIRE HYDRANTS, AND FIRE DEPARTMENT CONNECTIONS SHALL BE COVERAGE OF FIRE LANE GS (302) 674-1408 x MARKED IN ACCORDANCE WITH THE DELAWARE STATE FIRE PREVENTION ING (35% MIN., 53% PROVIDED) W REGULATIONS AND PER THE APPROVED FIRE MARSHAL RECORD TYPE PLAN. 6"W 8"F ES SED BUILD G (8) 10. PROPOSED BUILDING WILL HAVE AN AUTOMATED SPRINKLER SYSTEM. 7' PO .0 197 11. A LOCK BOX CONTAINING KEYS FOR FIRE DEPARTMENT ACCESS TO AUTOMATIC 2"E T PRO TMEN ITS 7'0 SPRINKLER SYSTEM SHALL BE PROVIDED. CONTACT LOCAL FIRE CHIEF FOR 10 N2 3°5 FIRE "W ORDERING INFORMATION AND SEE PLAN FOR LOCATIONS OF BOX ON THE BUILDING PROPOSED 18' WIDE 20' OR PLACE AS DIRECTED BY FIRE CHIEF. END OF EXISTING SUBGRADE EMERGENCY 3 N PAR 5) 72 U PAVED DRIVE 6"W 8"F 12. ALL STANDPIPE AND SPRINKLER CONNECTIONS SHALL BE MARKED AND IDENTIFIED IN ACCESS LANE W ACCORDANCE WITH THE DELAWARE STATE FIRE PREVENTION REGULATIONS PART V, YA (SEE DETAIL, THIS SHEET) FH SECTION 5-11. 5. S66 TOR (FFE= 3 R=600.00' A=83.71' PROPOSED SOLID YELLOW 13. FIRE HYDRANTS SHALL BE COLOR-CODED IN ACCORDANCE WITH THE DELAWARE °02 PAINTED FIRE LANE MARKING STATE FIRE PREVENTION REGULATIONS, PART III, SECTION 3-4. CHD=N22°03'47"W 3-S 12 E 3 PHASE IV TEXT (TYP., SEE DETAIL) LANE CHL=83.64' '58" BEGIN PROPOSED 10" 14. ALL PROPOSED FIRE HYDRANTS AND WATER MAINS SHALL BE INSTALLED IN CEMENT-LINED CLASS 52 ACCORDANCE WITH THE MOST CURRENT EDITION OF THE DELAWARE STATE FIRE DUCTILE IRON WATER MAIN 26. 8"F 40' AREA = 2.79± ACRES W PREVENTION REGULATIONS (DSFPR REGULATION 702, CHAPTERS 6 & 7). EXTENSION 15. ALL REQUIRED MEANS OF EGRESS SHALL HAVE AN EXIT DISCHARGE CONSISTING OF FH PLACE END CAP ON PROPOSED M FL NON-SLIP SURFACE, AND LEADING TO AND TERMINATING AT A PUBLIC WAY. 6" CEMENT-LINED CLASS 52 W FH DUCTILE IRON WATER MAIN PROPOSED W 10" W 4" TYPE K COPPER FD C FL DOMESTIC WATER W LEGEND DENOTES FIREFIGHTER PROPOSED 297.27' W PERIMETER ACCESS PROPOSED PCC CURB TYPE 1-6 R=125.00' KNOX BOX A=54.75' W (75% MIN., 93% PROVIDED) 26' CHD=N08°39'37"W W EXISTING BUILDING CHL=54.32' PROPOSED FIRE W DEPARTMENT PROPOSED BUILDING 10" CONNECTION PROPOSED PCC CURB FH P.O. BOX 299 TYPE 1-6 (TYP) EXISTING FIRE HYDRANT 200 CONTINENTAL DRIVE FH PERRYVILLE, MD 21903 PROPOSED FIRE HYDRANT SUITE 400 W EXISTING WATER MAIN NEWARK, DE 19713 PHONE (302) 323-9377 PHONE (410) 939-2144 "W 10 4-S PROPOSED 4" WIDE SOLID YELLOW W PROPOSED WATER MAIN AY FAX (302) 323-9461 FAX (302) 323-9461 YA W ) PAINTED DEMARCATION LINE ON TOR PROPOSED FIRE LANE COVERAGE WWW.LANDMARK-SE.COM L R I ES CURB FACE, AND CURB TOP (TYP.) INFOMD @ LANDMARK-SE.COM L Landmark R=40.00' NE V INFO @ LANDMARK-SE.COM A I A=50.29' FL PROP. SIGN FOR SUBGRADE EMERG. ACCESS NG BUILD N IDTH 9"W 46 39'3 CHD=S10°21'19"E STI U B (W "W S25 ° EXI MENT 10 CHL=47.04' OWNER/DEVELOPER: T PAR UNITS FUTURE DRIVE MARTIN LUTHER FOUNDATION OF DOVER, INC. 430 KINGS HIGHWAY DOVER, DE 19901 NG "W (302) 674-1408 10 ' 71 APPLICANT: 6. 16 LANDMARK SCIENCE & ENGINEERING E 200 CONTINENTAL DRIVE, NEWARK, DE 19713 9" 3 '1 N0 3° 5 FUTURE 2-STORY Science & Engineering P:\C1243 LUTHER VILLAGE\C1243-7 RECORD AND CONSTRUCTION PLANS\PLANS\CNST\FIRE\FIRE & WATER.DWG 12" .38' 233 3-3/4" STI NG ENT EXI RESID M Y TOR Y R 1-S TIVIT OO FIRE 10' MIN. PARKING 5-1/2" 1-7/8" AC S 2 5°39 '39" W 167 .51' 74.27' S08°32'04"W 45.45' 100' MAX. FIRE 3" 1-1/2" 18" THIS DRAWING DOES NOT INCLUDE ALL CONSTRUCTION MUST BE DONE IN COMPLIANCE WITH LANE 3" NECESSARY COMPONENTS FOR THE OCCUPATIONAL SAFETY AND LANE E 93.2 5' '21" °20 HEALTH ACT OF 1970 AND S64 3' 66.3 3-1/8" THE RULES AND REGULATIONS CONSTRUCTION SAFETY. CO RD 10' MIN. NOTES: THERETO APPURTENANT 1. THE SIGN SHALL HAVE A WHITE SCOTCHLITE BACKGROUND WITH RED SCOTCHLINE LETTERS, EXCEPT COMMISSION: SHEET: CF-01OF 01 60 10/01/2024 C 2024 LANDMARK SCIENCE & ENGINEERING FOR THE WORD "NO" WHICH SHALL HAVE THE COLOR C1243-7 SCHEME REVERSED. SCALE: 1"= 30' 30' MAX. 2. ALL LETTERING SHALL BE 3 INCHES IN HEIGHT, EXCEPT 50 .63' E 2 FOR THE WORD "PARKING" WHICH SHALL BE 2 INCHES IN GRAPHIC SCALE '39" 8 "W FIRE DESIGN BY: CML\RWS DATE: FILE NAME: Fire & Water.dwg °39 CF-01 HEIGHT. N25 105 x .12' 3. THE SIGNS SHALL BE LOCATED AT EACH END AND 150' ON 30 8"W x CENTER ALONG FIRE LANES. 8"W 10' MIN. S11°11'02"E 93.10' DRAWN BY: RWS CHECK BY: CML 4. THE SIGNS SHALL BE LOCATED NO LESS THAN 6' BUT NO HIGHER THAN 8' ABOVE THE PAVEMENT. 15 PLAN VIEW SCALE 1" = 30' FIRE LANE MARKING DETAIL TYPICAL FIRE LANE SIGN 0 (N.T.S.) (N.T.S.) 50

Item 1. CITY OF DOVER PLANNING COMMISSION September 16, 2024 Excerpt from Meeting Minutes The Meeting of the City of Dover Planning Commission was held on Monday, September 16, 2024, at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system Webex. The Meeting Session was conducted with Chair Mr. Witham presiding. Members present were Mr. Lewis, Mrs. Maucher, Mrs. Denney, Mr. Baldwin, Dr. Jones, Mr. Reaves, Mrs. Welsh and Mr. Witham. Mr. Roach was absent. Staff members present were Mrs. Dawn Melson-Williams, Ms. Katherine Oehmke, and Mrs. Kristen Mullaney. NEW APPLICATIONS C-24-02 Luther Village IV: Planned Neighborhood Design - Senior Citizen Housing Option on Babb Drive - Public Hearing and Review of a Conditional Use Site Plan/Master Plan for the development of Luther Village Planned Neighborhood Design – Senior Citizen Housing Option consisting of up to 524 age-restricted apartment units in a total of nine phases. The Master Plan was previously established by Applications C-02-02 and C-13-03 and Luther Village Phases I, II, and III have been constructed. The plan for Phase IV consists of the construction of a three-story apartment building with 72 units (age-restricted) and associated site improvements. The plan also includes a Minor Subdivision to create a 2.79 acre+/- parcel for Phase IV from the overall 33.63 acre +/- tract. The property is zoned RG-2 (General Residence Zone). The property is located east side of John Hunn Brown Road and on the west side of Babb Drive. The owner of record is Martin Luther Foundation of Dover, Inc. Property Address: 101 Babb Drive. Tax Parcels: ED-05- 077.06-02-90.00-000, ED-05-077.06-02-90.01-000, ED-05-077.06-02-90.02-000, and ED-05- 077.06-02-90.03-000. Council District 2. Consideration of Alternative Design Standards for PND: Building Setback from Property lines, Building Spacing, Building Height, Number of Stories, Average Number of Dwelling Units Per Building, Off-Street Parking Reduction. Waiver Requests: Partial Elimination of Curbing, Reduction of Bicycle Parking, Elimination of Rear Emergency Access. Subdivision Waiver Requests: Waiver of Requirement for Two Connections to a Public Street and Waiver of Requirement for Lot Frontage on a Public Street. Associated Applications: MI-24-06 Luther Village IV: PND-SCHO Concept Plan and C-02-02, C-13-03, S- 03-07, S-07-10, MI-13-08, C-13-03 and C-19-05. Representative: Mr. Craig Lynch, Landmark Science and Engineering; Mr. Richard Murphy, President of the Board for Martin Luther Foundation of Dover Mrs. Melson-Williams stated that this application is C-24-02 Luther Village IV: Planned Neighborhood Design – Senior Citizen Housing Option on Babb Drive. As noted by the Chair, this is focused on Phase IV which is both a Conditional Use Site Plan and Master Plan for this location. The opening picture was the view from Babb Drive of the complex. This location previously has had three phases of construction over the last twenty years. For the project itself, as shown on the aerial view, they have applications dating back to 2002 when the first concept for development of this as a senior citizen housing complex was put forth. Since that time, three buildings have been built including an additional activity center. The buildings are apartment units. They are age restricted based on the type of application we are considering. The overall tract of Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 1 of 9 51

Item 1. land is just under 34 acres in total. The access is from Babb Drive and with each of the phases of construction, they have placed each phase on an individual parcel of land. So with this consideration of Phase IV, there will also be a Minor Subdivision Plan that would create that Phase IV Lot. Overall, the Planned Neighborhood Design – Senior Citizen Housing Option as shown here, shows a series of nine Phases. There are eight apartment buildings. In the past, it has been approved for up to a total of five hundred twenty-four (524) dwelling units. There is also some Activity Room Buildings that interconnect these Apartment Buildings and also a proposal for a Town Center Building in one of the other Phases. At this point, we have a total of one hundred forty-eight (148) dwelling units that have been constructed. Phase IV is focusing on a building that would provide seventy-two (72) dwelling units as an apartment style building. It is in the top center here on this image. It includes a parking lot specifically for it and is interconnected by an extension of the loop road which runs around the outer boundary of the project site. Access as noted, is from Babb Drive. That is in the lower left of the project area. Because it is a Planned Neighborhood Design-Senior Citizen Housing Option, over time they have had to re-up the Master Plan and that is one of the tasks this evening. As part of that, they are looking at a number of things overall for the Master Plan. Our Development Advisory Committee Report did run a tally of units by phase and parking spaces by phase. We can see here in this image of the architecture for Phase IV. It is proposed for a three-story building in brick, continuing the architecture that we currently see there in the complex of brick with windows on all elevations and some annotations to the roof with those dormer styles and turned gables. Also, we can see in this image a kind of covered entry to this specific building. With a PND – Senior Housing Option, we have to look at project density and whether that density is compatible. The Master Plan is depicted in this submission that will give a site density of 14.2 dwelling units per acre. That is with this Plan showing a total of 477 dwelling units for the entire site. As part of the PND, they are also asking for a number of the design standards to also be approved with some Alternatives. Those Alternatives deal with the requirements for parking, the requirements related to building setbacks from property lines, the building spacing, the number of stories and associated building height, and then the average number of dwelling units per building. Again, our Report has outlined what the requirement is and what they have requested. Some of these Requests are made to allow for the interconnection of buildings which means that they are going to end up with a 0 setback from a property line. We are also seeing them go to three stories in this instance. There are at least one of the Phases that has a four-story building. All of that puts a lesser footprint on the ground and allows the construction to go more vertical. Those Alternative Design Standards for the PND will have to be considered as part of your deliberations tonight. She will note that the zoning of the property remains as is. This would be no change to the zoning of the property which is currently zoned as RG-2 (General Residence Zone). The RG-2 (General Residence Zone) does allow for apartments but this process that they are moving through is a more specialized review process for its development. Some of the other Waiver Requests associated with this project include a Waiver related to the Rear Emergency Access requirement. That is a requirement found in the Zoning Ordinance related to the ability to access the rear of the building. For a three-story apartment building, which means either a sixteen (16) foot alley or an eighteen (18) foot secondary fire lane. The Planning Commission will make a recommendation on that Waiver and then that will be forwarded onto City Council Committee for Final Action. She will note that the Rear Emergency Access provisions can be met through a subgrade drivable surface and that is what has been implemented in other portions of this project. We will have to deal with that this evening. In other notes, the parking reduction was one of those Alternative Design Standards. Basically, in the past this has Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 2 of 9 52

Item 1. received a Waiver for a Parking Reduction. They are asking for the parking rate to be set at 1.15 spaces per dwelling unit is a little over 1 per dwelling unit. She thinks they can hear from the applicant a little bit more about how this facility works which is why they are seeking that reduction. It will allow for one parking space per dwelling unit and then there is additional parking that would be able to accommodate visitors and staff at the location. They have asked for a Waiver related to bicycle parking. While their project is showing to be compliant in Phases III and IV, some of the early buildings (Buildings I and II) do not include bicycle parking spaces as that wasn’t a requirement of our Code at the time. But since we are looking at the overall Master Plan, we have got to calculate fully the bicycle parking requirement overall. With this area for Phase IV looking to be located on its own individual parcel, there are a couple of Subdivision Waivers that will need to be addressed. In this case, the Planning Commission makes a Recommendation and then City Council/Committee will actually take the Final Action. Those two waivers related to basically creating a lot for Phase IV and result in a request for elimination of the street frontage requirement. Our Code requires that lots have frontage on a public street and obviously Phase IV isn’t along the frontage that this property has on Babb Drive or along John Hunn Brown Road. Additionally, the other Requests for Waivers related to that are because of the spacing and building setbacks. The other one that also comes at us from the Land Subdivision Regulations is that when a complex reaches the threshold of 150 dwelling units, then a second connection to the existing street must be shown. In the case of this project, the property has one access point that is a divided median access onto Babb Drive. However, the second connection that would be triggered by that 150 dwelling units isn’t proposed until Phase V. In order to construct Phase IV, they will need a Waiver of that requirement of two connections of a public street. One of the waivers, she will be happy to report, is something that the Planning Office can grant and that is for the Partial Elimination of Upright Curbing. That has been approved by Staff and it is related to stormwater management and the loop road area of the project. To wrap all of that up for you, your data pages are probably your best source of all of the series of Waivers. First, we have the considerations of Alternative Design Standards for the PND and that includes things related to the building setbacks, spacing and height and number of dwelling units per building as well as an off-street Parking Reduction. The Waivers requested that the Commission will need to act on are the Reduction of Bicycle Parking and the recommendation related to the Elimination for Rear Emergency Access and then the Subdivision Waivers related to two (2) Connections to a Public Street and the requirements for having a Lot with Frontage on a Public Street. In those cases, they will be making a recommendation that will move onto City Council. The Development Advisory Committee Report includes information from all of our other participating agencies related to utility services, the Office of the Fire Marshal, DelDOT, and with the Kent Conservation District also providing comments. Those are all included by reference and then there are copies of the Waiver Request letters from the applicant. Mr. Lynch stated that this is a mission of the Martin Luther Foundation of Dover. As Mrs. Melson- Williams has mentioned, they have been carrying on for several decades now. Obviously, if it was their prerogative they would build out as fast as they could, but they are not setup in that way. They are setup for affordable housing for senior citizens in the community. There is a giant need for this which was elaborated on at the previous (City) Council Meeting. There seemed to be a lot of backing by Council already. To hit a couple of points for your consideration with the Waivers and PND Considerations, a lot of the building setbacks and spacing and those issues are created by the fact that for funding reasons and grants, the properties that are being assessed and built as Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 3 of 9 53

Item 1. individual units need to be on their own individual parcel. In order to eligible for grants and funding for Phase IV, we can’t have it be on the remaining 20 plus acres of residual land. That is really a driver for having each building be on a single phase. In keeping in the spirit that they have already put forth in having the community sense for the residents, having those interconnected activity areas is very important to their mission and this continues that. The connection between the two buildings will be open on the lower level and then have an exercise room and break room on the second and third level. So it will continue to pull in some of the outdoor amenities that they have already established with the inside corridors that residents have in the hallways. The building height, number of stories, and the average number of units per building are kind of tied together. As Mrs. Melson-Williams mentioned earlier, it is in keeping with the character of the campus already and it allows for more outdoor space and less pavement to be on the site in that regard. Off-street parking reduction is consistent with the use and the fact that it is senior housing. A lot of the residents are taking public transportation to wherever they need to go and with the nature of the units, there is typically not more than one person per unit. So, that is in keeping with the parking that has already been established on the site. As Mrs. Melson-Williams mentioned, the Planning Office has already okayed the Partial Elimination of Upright Curbing. For the reduction in bicycle parking, there is already bicycle parking on the site that is under-utilized. They plan to give a code compliant bicycle parking area for this phase that they are proposing now. There was not any previously given in Phases I and II but this, in keeping with use, is adequate to provide it in Phase IV. Depending on certain funding allocations, there may be plans to install that for Phases I and II as well. The Waiver requirement for two connections to a public street is kind of the one that is in the grayest area for consideration. The Master Plan considered having two entrances by Phase IV initially, but as you can see on the main overall Plan, the spine road that connects sort of the left half of the site and the right half of the site will not be constructed in this Phase. You will essentially be creating a closed loop if you install this (second) entrance. You would drive farther down Babb Drive, take a left into the development and immediately take another left and go back towards the first entrance and then cross that entrance again. It just might cause confusion or some other unnecessary circumstances. That (second) entrance, in his estimation, does not fit with the reasoning that is in the Code. He understands that with the more units, you can’t have everybody funneling to one intersection in one entrance. This actually would not only funnel them to the same entrance but in a roundabout way, that might be confusing or leave someone doing something that they didn’t intend to. It was less of a want to not meet the Code but more of a desire to do something that made more sense for the property. Mr. Murphy stated that in regards to the bicycle parking right now, in the seven projects that they have, they’ve got about 50% resident use of personal vehicles. So, only about 50% of our residents have a personal vehicle. That’s why they are looking for the reduction in parking to 1.15 spaces per unit. As mentioned on the spacing of the buildings, it is important to us that the buildings are interconnected so that the seniors can travel and visit other seniors in another building without having to go out into the weather. As indicated, they use a lot of public transportation and there is a bus stop right on Babb Drive next to our entrance. Mrs. Maucher stated that there was some notation about the Elimination of the Rear (Emergency) Access and Staff indicated that there might be some alternatives that you could consider. Has that been done yet? Responding to Mrs. Maucher, Mr. Lynch stated that the Plan that they have put forth to the Commission today is Code compliant with the State Fire Code. For the additional requirement from the City to create that rear access lane, they are speaking with the City’s Fire Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 4 of 9 54

Item 1. Marshal’s Office to look at some other alternatives. The one that Mrs. Melson-Williams was mentioning is in-lieu-of a paved surface. You could put sort of stone underneath that grass can grow through then sort of that lattice structures which they would work with the Fire Marshal’s Office to see how they could make that work. Given how the campus is spatially and how you could access the rear of the building without needing to put that fire lane in, they were just asking to consider that. Mr. Murphy stated that the other advantage to not having to put that rear access lane in, as Mr. Lynch said, is fairly reasonable access (exists) without that. Once that fire lane is in there, we can’t put anything on top of it because it needs to be clear for the fire trucks or other emergency vehicles. In other words, it’s things like raised garden areas for the seniors. That’s a prime location for that because it’s right at the rear of the building and they can exit to one of the rear entrances and go out there to tend to their gardens and then come back in. If not, then they have to make it a little bit more remote. As Mr. Lynch stated, it is doable but our preference would be to not have to put that Rear Emergency Access in. Mrs. Denney stated that she had a question related to that fire lane. Can you help her understand the mean age of the residents in Luther Towers? Responding to Mrs. Denney, Mr. Murphy stated that their Director has advised him that the average age is about 70. Mrs. Denney stated that she retired a long time ago but her field was medicine. She has a great concern when she saw the request for that Waiver. We all know the older that we get, the slower we move. Then it’s for the more fire equipment that can pull right up to that building and get those men helping those senior citizens get down, especially when the fire alarm goes off and you are not allowed to use the elevator. She is thinking that from her perspective, that’s really not good safety-wise (to eliminate). When she first read this, she thought “those things are up to the Fire Marshal” and you should just let that sleeping dog lay but she does have a lot of concern about that not being a fire lane. Do you have any alternative ideas? Responding to Mrs. Denney, Mr. Lynch stated that besides paving it or putting in the stone lattice structures, there is not going to be much that would stand up to that heavy equipment. They would be able to get in and out without it, but it would just be up to the Martin Luther Foundation to then repair the damage. Mrs. Denney stated that she knows that there are certain types of parkable turf. We have also seen those. She has seen many engineers come up with some very creative ways to do parkable turf, but we also know that fire equipment is heavy. She realizes what you are saying and as you are answering the question and thinking that would be a good place for garden boxes, to her, she is thinking that would be a good place to leave wide open for emergency equipment. Again, it really gives her a great deal of concern because it is difficult for some people to get around. She is 75 and she still gets around pretty well; that does give her pause. Mr. Witham asked what would be in the increase in terms of traffic into the community as a consequence of constructing Phase IV? You obviously must have an experience as to what the traffic flow is right now on the previous phases that are constructed. Responding to Mr. Witham, Mr. Lynch stated that it is his understanding that it won’t really increase the maintenance burden. Your maintenance staff is already top notch. From a staff perspective, he doesn’t know that it has much of an impact, maybe one to two additional staff members. Obviously, the residents have about a 50% vehicle rate; so, at 72 units, it would be 36 additional vehicles. The trips per day for Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 5 of 9 55

Item 1. this use is probably lower than your typical one who is getting up and going to work every day or something of that nature. They are very similar in size and use. It’s probably an additional 1/3 more if you split up the first three phases. It would be similar to that. Mr. Witham stated that he heard there was a bus stop. Is there just one bus stop for all phases and is that enough to serve all of these residents? Responding to Mr. Witham, Mr. Murphy stated that there are other transportation modes. They have their own bus that they use to take residents to doctor appointments, on shopping trips, and that type of stuff. They can schedule with that van that runs throughout the week. Mr. Witham stated that perhaps Staff can tell him, does this type of construction with the type of residential units that you are constructing, would this normally require a Traffic Study or not? Responding to Mr. Witham, Mrs. Melson-Williams stated that Babb Drive is a City street as is the immediate roads connecting to it. The project, as part of our Development Advisory Committee does go to DelDOT and they have asked some questions about what the traffic generation is. Some of which may have been addressed years ago when this project first came to fruition back in 2002. But the City would not require a Traffic Impact Study. She thinks there are a number of options once you leave this site about how you move away from it, but they will have to be working with our colleagues at DelDOT regarding any requirements that they may have for looking at this. This always gets a little difficult when the first street off the project site is a City street which then may lead to a DelDOT street network. The closest DelDOT roads in this case are going to be S. Little Creek Road and then ultimately getting to Bay Road and S. DuPont Highway connections there. So, the initial reaction is no, the City wouldn’t require a Traffic Impact Study. They think that probably from a DelDOT perspective, there are a lot of options before you interact with the DelDOT street. Mr. Witham stated that he thinks they mentioned that the average occupancy for each unit currently at Luther Village. Is it one or one and a half? Responding to Mr. Witham, Mr. Lynch stated one. Mr. Witham stated that it would correspond with the fact that you have a reduced need for bicycles, motor-scooters, or other modes of transportation. Are all of the buildings going to be connected? Responding to Mr. Witham, Mr. Murphy stated that these four will be and then the next four will be connected when they are built. There will be no internal connector between the two fours because the loop road will split between the two developments. Mrs. Maucher stated that back to the Rear (Emergency) Access, you said there was alternative access that you thought might be adequate. Is that from the front and from the side? Could you describe that a little bit better? Responding to Mrs. Maucher, Mr. Lynch stated that his statement was that the areas behind and to the side of the building will be accessible. They won’t be excessively steep or made of some other material that the equipment couldn’t get to. Not considering design alternatives, just in the absence of the fire lane itself being engineered, there is no reason to believe that emergency equipment couldn’t get there. Mrs. Welsh stated that you are saying there would be access but it’s not going to be paved and it’s not going to have the lattice structure, correct? Responding to Mrs. Welsh, Mr. Lynch stated that it wouldn’t be demarked. His comment was regarding the ability for the emergency vehicles to get to the rear of the building in an emergency. It’s would not be hindered by any sort of landscaping Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 6 of 9 56

Item 1. or steep hills or anything like that, that might cause them more harm or hindrance to get to the rear of the building. Mrs. Welsh stated that she is still understanding that there is no substructure basically that would support the weight of the vehicle. Responding to Mrs. Welsh, Mr. Lynch stated that close to the building it would probably be pretty compacted by the structure of the building. Mr. Murphy stated that you would be able to drive a fire truck there and the fireman would have ready access to it. The thought process there is that the building is going to be fully sprinklered. The need for them to have access for the fire truck to the back of the building is less. The firefighters can still easily access that portion of the building to get people out it just wouldn’t have their fire truck in the back of the building. Mrs. Welsh stated and possibly no ladder, correct? Responding to Mrs. Welsh, Mr. Murphy stated no, no ladder truck. Mr. Witham opened the public hearing. Ms. Priscilla Carter – Luther Village 101 Babb Drive Dover, DE 19901 Ms. Carter stated that she lives at 101 Babb Drive. When she (Mrs. Denney) said there were people who were 70 years old, there are people that at 80 and 90 up in there. She just wants to make sure she understands because she is new at this. She wants to understand how they are going to connect this other building to get into the building. Responding to Ms. Carter, Mrs. Melson-Williams stated that you can drive around the on loop road and the loop road right now, gets you to Building 3. Their project would actually extend that loop road. Then there is also a connection point from Building 3 that would connect to Building 4. It’s kind of probably at the end of one of the hallways. Building 3 is an “L” shaped building and one of its end points would connect to Building 4. The Phase IV would use the entrance that is currently from Babb Drive onto the property to reach the loop road. Mr. Witham closed the public hearing. Mrs. Maucher stated that they need to approve the Alternative Design Standards for PND: SCHO, correct? Responding to Mrs. Maucher, Mrs. Melson-Williams stated that is correct. Mrs. Maucher moved to recommend approval to City Council for C-24-02 Luther Village IV: Planned Neighborhood Design - Senior Citizen Housing Option on Babb Drive inclusive of the three sub-bullets which are the reduction in building setbacks, building spacing reduced to accommodate enclosed connections, and the increase in building height, number of stories, and average number of units. She would also recommend approval of the Request for Reduction in Parking, approval of the Reduction of Bicycle Parking, and to include the Waiver Request for the Elimination the Requirement for Two Connections to a public Street, and also finally the Waiver Request for the Street Frontage for the Parcel. She understands that there is some angst about the rear access. She’s not sure if that one needs to be pulled out and voted on separately. Responding to Mrs. Maucher, Mrs. Melson-Williams stated that it is up to her, if she wants to include that in the overall motion or if she wants to act on that Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 7 of 9 57

Item 1. separately. Mrs. Maucher stated that she would prefer to act on that separately. Mrs. Melson-Williams stated that Mrs. Maucher ran through all of the Waiver Requests but in regards to the Conditional Use Site Plan/Master Plan for Phase IV and this project, what action are you suggesting? Responding to Mrs. Melson-Williams, Mrs. Maucher stated that she recommends approval of that. Mr. Witham asked for clarification on what they are removing from the motion to be for separate consideration. Responding to Mr. Witham, Mrs. Maucher stated that she wanted to pull out the Elimination of Emergency Rear Access and vote on it separately. Mrs. Maucher moved to recommend approval to City Council for C-24-02 Luther Village IV: Planned Neighborhood Design - Senior Citizen Housing Option on Babb Drive inclusive of the three sub-bullets which are the reduction in building setbacks, building spacing reduced to accommodate enclosed connections, and the increase in building height number of stories, and average number of units. She would also recommend approval of the Request for Reduction in Parking, approval of the Reduction of Bicycle Parking, and to include the Waiver Request for the Elimination the Requirement for Two Connections to a public street, and also finally the Waiver Request for the street frontage for the Parcel, and to remove the Waiver for the Elimination of Emergency Rear Access in order to vote on it separately, seconded by Mrs. Denney and the motion was carried 8-0 by roll call vote with Mr. Roach absent. Mrs. Maucher voting yes; based on DAC comments in the Staff Report and also recognizing the urgent and desperate need for this sort of housing in the City. Mr. Lewis voting yes; thank you to the applicant for being here and presenting what you are doing and the progress that is being made already. Mrs. Denney voting yes; this project is one that we need more and more of in our community. She thinks that it is a good plan overall despite her feelings about the back which is not included in this (motion). Mr. Baldwin voting yes; based on the aforementioned statements. Dr. Jones voting yes; she would just like to say that those are wonderful facilities. She has been to several events there. Very well designed and very well kept; so, thank you so much for all of your efforts. Mr. Reaves voting yes; for reasons previously stated. Mrs. Welsh voting yes; she agrees with some previous comments by Dr. Jones. It seems to be a well thought-out design. It is definitely a needed residential area for the area. She believes that the designer did a great job with the presentation and the design of the facility. All in all, it is a very favorable addition to the community. Mr. Witham voting yes; based on the DAC comments and both the oral presentation by Staff tonight as well as the written presentation to the Commission in the documents themselves. It seems to him that this is a great movement forward given the fact that we have a desperate need for this type of housing in this community. He does want to point out that although he supports the motion itself, there are remaining questions that have to be considered by the applicant as they go forward. Mrs. Maucher moved to approve the Request for the Elimination of Rear Emergency Access for the apartments and that it be approved based on DAC comments and the Staff Report. Mr. Witham stated that the Staff Report doesn’t indicate that (meaning approval). It recommends the additional discussion with the City’s Fire Marshal. Responding to Mr. Witham, Mrs. Maucher stated that based on the Staff Report and the oral discussion from the applicant this evening about Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 8 of 9 58

Item 1. access and consideration, she will vote that it be approved. Mrs. Welsh stated that she would like to clarify if she understands the motion. Responding to Mrs. Welsh, Mrs. Maucher stated that the motion is to approve the Waiver Request for the Rear (Emergency) Access. She would think that if the motion was to deny it and that was approved, then she thinks there would have to be another vote. Mrs. Welsh asked if she is saying to approve it in accordance with the DAC comments as well as the presentation from the applicant this evening. She read the DAC comments to say “further discussion with the Fire Marshal.” So that is what you are saying, is that you are encouraging further discussion with the Fire Marshal’s Office; is that correct? Responding to Mrs. Welsh, Mrs. Maucher stated no, the motion is to approve the Waiver Request. Mr. Witham asked if it would be more appropriate to defer action until after there is discussion with the Fire Marshal. Would you be willing to amend your motion? Responding to Mr. Witham, Mrs. Maucher stated that is a fine idea. We could table action on this Waiver Request until the next meeting if that is sufficient time for the applicant. Mrs. Maucher moved to defer consideration of the Waiver Request for the Elimination of the Rear Emergency Access until the Planning Commission Meeting of October, seconded by Mrs. Welsh and the motion was carried 8-0 by roll call vote with Mr. Roach absent. Mrs. Maucher voting yes; just to allow the applicant and the Fire Marshal to have further discussion about that Rear Access. It is a concern. She pulled out that Waiver Request because she didn’t want to see the full application fail in the event that something couldn’t be done. Mr. Lewis voting yes; having said that and knowing that he will be out of the country for the next meeting, when you say that it was doable to do it, he would lean on doing it. You build these things with the hope that you never have to use them. He is in favor of having it. Mrs. Denney voting yes; she would like to hear more information from the Fire Marshal’s Office. As she thinks everyone understands, her fear is that trying to get that many seniors out of the building. Suppose the fire is towards the front of the building and they have to get out from the back. Frankly, in her history of medicine and dealing with many, many seniors, kitchen fires happen. Put a pot on the stove and go to the bathroom and then think, “I meant to get this out of the closet.” The first thing you know is a fire happens. Sprinklers are great but they don’t move people and they don’t separate the smoke from the people. Again, we are talking about seniors. Mr. Baldwin voting yes. Dr. Jones voting yes; due to concerns that have already been expressed by other Commissioners. Mr. Reaves voting yes; until the next meeting. Mrs. Welsh voting yes; hoping that a solution will be worked out that will be safety conscious for everyone’s concerns. As Mr. Murphy said, we don’t want to have to use it but that is something that there needs to be there as a safety factor just in case we ever do need it. Mr. Witham voting yes; based upon the comments of the Commissioners and based upon the recommendations of Staff and the written comments. Excerpt of Planning Commission Meeting Minutes of September 16, 2024 Page 9 of 9 59

Item 2. Dover Freight Plan Presentation to Council Committee of the Whole October 29, 2024 60 1

Item 2. 61

Safety Item 2. 62

Agenda Item 2. • Background • Importance of local freight planning • Objectives • Prior plans and studies • Recent and ongoing freight-related planning and development • Preliminary recommendations • Next steps 63 4

Background Item 2. • Delaware State Freight Plan • Statewide freight plans required by FHWA • 2022 plan recommended DelDOT undertake local freight planning support initiatives 64 5

Importance of local freight planning Item 2. • Helps identify and address local freight movement concerns of both freight operators and residents • DelDOT’s local freight planning support helps to integrate local freight issues with state goals and projects and to secure federal funding to address those issues • Freight is important to the local economy: 36% of employees in Kent County work in a Freight-Intensive Sector (Delaware State Freight Plan) • Freight movement patterns have shifted due to the growth of e-commerce • Has brought more delivery trucks into residential areas • Increased demand for logistics sites in/near urban areas to meet quick delivery timeframes Truck parked in the shoulder on White Oak Road near Garrison Oak Drive 65 6

Objectives Item 2. 1. Increase collaboration among government and industry stakeholders to address freight issues and concerns 2. Build upon previous freight planning efforts 3. Identify freight movement issues and develop recommendations to help protect, manage, and accommodate freight activity in Dover 66 7

Recent & ongoing efforts Item 2. • February 2024: City Council approved revisions to city- designated truck routes • August 2024: New DAFB Joint Use Agreement signed • Ongoing: • Leasing out of sites at Garrison Oak Business and Technology Center • Construction of East Camden Bypass • Phase 2 of the Kent County East/West Truck Freight Routes Study 67 8

Item 2. Preliminary Recommendations 68 9

1. Development regulations & review Item 2. Recommendation 1A: Truck parking requirements • Adopt development regulations requiring developers to provide truck parking/staging as part of manufacturing, warehouse, and logistics developments • Responsible party: City of Dover • See next slides for examples from Lehigh Valley area of PA • Note that this recommendation does not include specific numbers. Specific Example of a truck parking lot numbers would likely differ from the Lehigh Valley examples 69

Truck parking requirements example Item 2. Township of Upper Macungie, PA Municipal Code Section 27-601 Required Number of Parking Spaces [Ord. 9-94, 4/7/1994, § 601; amended by Ord. 2017-4, 6/1/2017; and by Ord. No. 2020-08, 7/9/2020] Excerpt Table 6.1: Off-Street Parking Requirements Use Number of Off-Street Parking Spaces Required E. Industrial Uses …plus one (1) ten-foot by eighty-foot (10' x 80') truck All industrial uses (including staging parking space for warehousing, distribution, truck every two (2) loading terminals and manufacturing) docks 70 11

1. Development regulations & review Item 2. Recommendation 1B: Freight considerations checklist • Incorporate freight- specific planning considerations checklist (like the one developed by CPCS for WILMAPCO) into development review processes • Responsible parties: Development review entities at all government levels 71

2. Land use planning Item 2. Recommendation 2A: Protect existing freight-intensive development opportunities along truck routes • Preserve opportunities for freight-intensive development in appropriate locations by protecting parcels currently zoned for freight-generating uses along Dover’s existing and future truck routes from rezoning • Responsible parties: City of Dover and Kent County Recommendation 2B: Create opportunities for freight-intensive development along Dover’s truck routes • Create opportunities for freight-intensive development in appropriate locations by pursuing rezoning for suitable parcels not presently zoned for freight-intensive uses along Dover’s existing and future truck routes • Draw on Dover/Kent MPO’s 2022 Rail Corridor Industrial Land Use Study for guidance on rezoning for freight-intensive uses • Responsible parties: City of Dover and Kent County 72 13

3. Communication & coordination Item 2. Recommendation 3A: Intergovernmental coordination • Improve communication/coordination between local, county, and state government and MPO regarding freight-related land development and transportation projects • To ensure awareness of proposed projects that will affect freight movement • Collect and share freight-relevant data from land development and transportation improvement projects • “Dig Once” policy to ensure that relevant freight Example of tractor trailer’s wide turning recommendations are implemented when road work is occurring radius • Responsible parties: City of Dover, Kent County, State of Delaware 73 14

3. Communication & coordination Item 2. Recommendation 3B: Stakeholder coordination • Improve engagement with local freight operators to better address their needs during planning processes • Responsible parties: City of Dover, Kent County, State of Delaware Recommendation 3C: Revisit Dover Air Cargo Freight Access Study recommendations • Revisit the Dover Air Cargo Freight Access Study – Planning and Environmental Linkage (PEL) Report (2021) to determine if recommendations need to be adjusted based on leasing activity at Garrison Oak Business and Technology Center • Responsible parties: Dover/Kent MPO, City of Dover, Kent County, State of Delaware 15 74

Planned improvements Item 2. • CTP project: Garrison Oak Connector Road (SR 1 via White Oak Road) • Preliminary engineering starting in FY25 • Project description: New connector two-lane road between White Oak Road and N. Little Creek Road • This is Phase 1 of a 2-phase project • Phase 2 (as described in Dover Air Cargo Freight Access Study): Connector road between N. Little Creek Rd and S. Little Creek Rd 75 16

Discussion/feedback Item 2. • Suggestions for changes, additional recommendations/issues to address? • Information and survey: • These slides and the boards are posted on the project website • We welcome feedback via the online survey (hard copies also available) • Available online at www.publicinput.com/doverfreight or scan • The survey will be open through November 29 • Please share with any interested constituents 76 17

Item 2. Next Steps 77 18

Next steps Item 2. Task Anticipated timeframe Public survey Oct. 29–Nov. 29, 2024 Refine recommendations December 2024 Presentation to Council Committee of the Whole – December 2024 Transportation and Safety Committee DelDOT review of draft report December 2024 Dover review of draft report January 2025 Present draft report to City Council January 2025 Finalize report February 2025 78 19

Thank you! Item 2.  Cooper Bowers, DelDOT  Marilyn Smith, Dover Kent MPO  Cooper.Bowers@delaware.gov  Marilyn.Smith@doverkentmpo.org  302-760-2153  302-387-6030  Leah Kacanda, WRA  lkacanda@wrallp.com  302-778-9056 79 20

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility Committee) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: October 18, 2024 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III City Manager and Patricia Marney, Interim Controller / Treasurer SUBJECT: Evaluation of Bids – Persimmon Park Place Drainage Basin Improvements TIMETABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in two hundred and forty (240) calendar days from issuance of Notice to Proceed, weather permitting. RELATED PROJECT: X REFERENCE: CIP- Stormwater Projects EXPENDITURE REQUIRED: $1,198,025 AMOUNT BUDGETED: $1,200,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works – Stormwater Division- SW2303 Persimmon Park Place Drainage Basin Improvements Account No.: 101-12-18-60-000-54031. STAFF RECOMMENDATION: Award contract to Gateway Construction, Inc. for the Persimmon Park Place Drainage Basin Improvements, ITB #25-0006WW, for $1,198,025. BACKGROUND AND ANALYSIS: This project was initiated by the development constituents. Significant drainage issues occur throughout the Persimmon Park Place Development. Studies have been completed by consulting firms that indicate the existing infrastructure is not sufficient for proper drainage. This project will provide improved capacity and conveyance of stormwater in this area. Failure to improve this system could result in a future failure of the infrastructure and property damage. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #25-0006WW. Bids were opened on October 10, 2024. The City of Dover received three (3) responsive bids. The three (3) responsive bids are shown in the table below: 80

Item 1. EVALUATED CONTRACTOR LOCATION BASE BID PRICE GATEWAY CONSTRUCTION, INC. HARTLY, DE $1,198,026.00 $1,198,025.00 GEORGE & LYNCH, INC. DOVER, DE $1,596,720.65 $1,548,819.03* TEAL CONSTRUCTION, INC. DOVER, DE $1,360,499.00 $1,319,684.03* *George & Lynch, Inc. and Teal Construction, Inc. were awarded a three percent (3%) reduction due to local vendor preference. City staff reviewed the submissions and found that Gateway Construction, Inc. bid met all requirements for the qualifications of the project. Staff recommends awarding the contract to Gateway Construction, Inc. in the amount of $1,198,025 for the Persimmon Park Place Drainage Basin Improvements Project. 81

Item 1. 82

Item 4. COUNCIL DASHBOARD 10/29/2024 83

Item 4. REQUEST On 08/14/2024, a request was received from Council President Anderson to improve communications and provide status reports in real time on constituent issues. 84 Council Dashboard 10/29/2024 2

Item 4. SOLUTION Utilization of the Esri ArcGIS Solution called Citizen Problem Reporter. This application has been customized by the GIS Division of Public Works for the internal use by various Departments for the past year and a half. (Not public facing.) 85 Council Dashboard 10/29/2024 3

Item 4. Reporting of constituent issues upon receipt. Immediate assignment of issue BENEFITS to the appropriate City Department. Real time status of progress by the Department representative. 86 10/29/2024 Council Dashboard 4

Item 4. Information provided is only as good as the accuracy of those LIMITATIONS entering it. (This is no different than any current method utilized.) 87 10/29/2024 Council Dashboard 5

Item 4. This application is not to be This application will not used for emergencies. contain information that is non-public from a FOIA Life Safety: Call 911 standpoint. This would Utility Emergencies: Call include account data or code System Operations at 302-736- enforcement case details. 7086, Option 3 GUIDELINES 88 Council Dashboard 10/29/2024 6

Item 4. As this is a geospatial solution, the constituent issue must be known but also the location. The location information that can be utilized includes closest address, closest intersection, number of houses away from an intersection or closest business (for larger businesses). INFORMATION REQUIRED 89 Council Dashboard 10/29/2024 7

Item 4. D e p a r tm ent of Pl a nning & Insp e ctions The Departments ( C o d e E n f o r ce me nt) participating include D e p a r tm en t o f Pu b l ic Wo r k s ( Sa n i tatio n, Sto r m wa te r, Str e e ts ) those that are most D e p a r tm en t o f Wa te r & Wa s te water frequently involved in ( Wa te r, Wa ste water ) resolving constituent E l e ctric D e p a r tme nt issues received through Pa r k s & Re cr e a tion D e p a r tm en t ( G r o u n d s , Re cr e a tion ) City Council. Pol ice D e p a r tm ent PARTICIPATING DEPARTMENTS 90 Council Dashboard 10/29/2024 8

Item 4. CONSTITUENT ENTER ISSUE INFORMATION WORKFLOW STAFF ASSIGN TO ADDRESS STAFF Council ability to view status once assigned to staff. STATUS COMPLETION UPDATES 91 Council Dashboard 10/29/2024 9

Item 4. THE SOLUTION VISUALIZED (ESTIMATED GO LIVE 11/12/2024) 92

Item 4. City Council Layer Selection Screen 93 10/29/2024 Council Dashboard 11

Item 4. Problem Selection Screen 94 10/29/2024 Council Dashboard 12

Overall Dashboard Item 4. 95 10/29/2024 Council Dashboard 13

Item 4. Status Progress Screen #1 96 10/29/2024 Council Dashboard 14

Item 4. Status Progress Screen #2 97 10/29/2024 Council Dashboard 15

Item 4. Status Progress Screen #3 98 10/29/2024 Council Dashboard 16

Reported Problems Dashboard Item 4. 99 10/29/2024 Council Dashboard 17

Item 4. THANK YOU Special thanks to Mike Walker, GIS Manager, and Mark Nowak, Public Works Director, for their efforts on this project. 100 Council Dashboard 10/29/2024 18

Item 5. City of Dover MAYOR AND COUNCIL PROPOSED COUNCIL RESOLUTION NO. 2024-15 A RESOLUTION CREATING ECONOMIC AND COMMUNITY DEVELOPMENT FUNDS WHEREAS, the Mayor and City Council seek to set aside funds for economic development and community development-related projects to include opportunities to improve the city’s economy and quality of life; and WHEREAS, the funds shall fall under the managerial control of the Controller/Treasurer who shall regularly report on the status of the funds; and WHEREAS, the purpose of the Economic and Community Development funds will be for the use of programs, policies, or activities that seek to improve the economic well-being and quality of life for the residents of the City of Dover; and WHEREAS, funds could be used for land or building acquisition, building renovation, matching funds for related grants, incentives associated with new or expanded businesses, upfront and administrative costs associated with the issuance of conduit or TIF bonds, blight removal, or other purposes consistent with economic or community development projects; and WHEREAS, an economic development project will constitute a program or activity having the primary purpose of encouraging the establishment and growth of business in the city, including the creation and retention of jobs; and WHEREAS, a community development project means a project or process for making the community a better place to live, play, and work; and WHEREAS, the initial funding source will come from the proceeds of the sale of property (lots) at the Garrison Oak Business and Technology Park; and WHEREAS, the initial deposit is to not exceed the amount of $5,000,000 in each fund or as directed by the City Council; and WHEREAS, the funds may receive all or part of the proceeds from future land or building sales, budget allocation, gifts and bequeaths, or other sources; and WHEREAS, each fund shall be capped at $10,000,000. All receipts more than the maximum shall be deposited in the General Fund balance to be used as directed by the City Council; and P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 101

COUNCIL RESOLUTION NO. 2024-15 PAGE 2 Item 5. NOW THEREFORE BE IT RESOLVED: The City Council does hereby create Economic and Community Development Funds within the City of Dover, Delaware, subject to the following stipulations and conditions: 1. The Economic Development Fund resources and approval of uses thereof, shall be subject to review by the City Council’s Legislative, Finance, and Administration Committee with final approval by both the Chair of said Committee and the City Manager; and 2. The Community Development Fund resources and approval of uses thereof shall be subject to review by the City Council’s Parks, Recreation, and Community Development Committee with final approval by both the Chair of said Committee and the City Manager; and 3. Transfers from the funds for ordinary operating budget expenses shall only be by a majority vote of the City Council, and only when critical to the city’s financial condition; and 4. The funds can be used to match other sources of funds, regardless of source, if such use of matching funds is not otherwise restricted by the grantor. ADOPTED: _______________________________ ______________________________ ROBIN R. CHRISTIANSEN DAVID L. ANDERSON MAYOR COUNCIL PRESIDENT Actions History 10/29/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and Administration Committee 102