Kent County Levy Court Follow the 2018 Comprehensive Plan and Deny the Rezoning Request

Kent County

Department of Planning Services Division of Planning SARAH E. KEIFER, AICP Phone: 302/744-2471 Director of Planning Services FAX: 302/736-2128

KRISTOPHER S. CONNELLY, AICP Assistant Director of Planning Services

STAFF RECOMMENDATION REPORT October 1, 2020

Application / Ordinance : CZ-20-03 / LC20-09

Applicant / Owner : Ching, LLC c/o Steve Martin

Present Comprehensive Plan Designation : Low Density Residential

Proposed Comprehensive Plan Designation : Highway Commercial

Present Zoning District : AR (Agricultural Residential)

Proposed Zoning District : BG (General Business)

Relation to Growth Zone : Inside

Area and Location : Three contiguous parcels totaling 4.55 + acres located at the intersection of Bay Road (DE Rt. 1) and Old Cemetery Road (Co. Rd. 402), north of Milford Kent County Property Identification Numbers : MD-00-152.00-01-44.00 (1.89 + acres residential) MD-00-152.00-01-44.03 (1.0 + acre residential) MD-00-152.00-01-67.00 (1.66 + acres wooded)

I. STAFF RECOMMENDATION:

Based on the information presented, the Kent County Code, and the 2018 Comprehensive Plan, Staff recommends DENIAL of the request to amend the Zoning Map and Comprehensive Plan Future Land Use Map.

• The proposed rezoning is located on the west side of Route 1 between the Town of Frederica and the City of Milford. There is currently a substantial inventory of vacant commercial land in this corridor. Located directly across Route 1 from the subject site, there are 2.96 + acres of vacant commercial land. Between the subject site and the City of Milford, there are 11.96 + acres of vacant commercial land, of which 5.18 + acres are

KENT COUNTY COMPLEX 555 Bay Road Dover, DE 19901 (Handicapped Accessible)

Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 2 of 7

located on the west side of Route 1. Between the subject site and the Town of Frederica, there are 101.81 + acres of vacant commercial land, of which 63.25 + acres are located on the west side of Route 1. Given the amount of vacant commercial land along Route 1 between Frederica and Milford, there does not yet appear to be significant development pressures to warrant an additional 4.55 + acres of commercial zoning. Furthermore, there is existing commercial zoning in the Town of Frederica and the City of Milford. Both incorporated towns have existing infrastructure to successfully sustain commercial development.

• As the need for nonresidential development increases, concentrated development around municipalities not only reduces pressure on rural areas in the County through the reduction of sprawl, but allows for growth opportunities for those municipalities. The Regional Planning Commission should consider the potential impact commercial uses in the proposed location would have on development patterns in the County.

• The subject site is not located within the Master Plan area where transportation infrastructure, market demand for new commercial uses, and economic potential is preferable to this incremental rezoning request.

• The proposed rezoning fails to meet all of the conditions of approval for reclassification under Section 205-408 of Kent County Code:

A. There was a mistake in the Zoning Map, or the character of the neighborhood has changed to such an extent that the Zoning Map should be changed.

There was no mistake in the Zoning Map. The surrounding area is primarily zoned AR and AC, with BG zoning along Route 1 and six parcels zoned IL or IG within a half mile of the subject site. The parcel directly to the north of this site is zoned BG, contains approximately 19.47 + acres, and remains undeveloped. In addition, there are two parcels totaling 2.96 + acres fronting Route 1 directly across from the subject site that are zoned BG and remain undeveloped. The character of the surrounding area is predominantly agricultural and low density residential with some small-scale businesses utilizing a portion of the existing inventory of commercial land along Route 1. The landscape and physical character of the area has not changed in use or character to such an extent to grant an additional 4.55 + acres of commercial zoning.

B. The new zoning classification conforms to the Comprehensive Plan for Kent County in relation to land use, number of dwelling units or type and intensity of nonresidential buildings and location.

The proposed BG zoning district does not conform to the 2018 Comprehensive Plan as the subject site is designated for low density residential uses (Map 7B). Further, the subject site is not designated as a Commercial Area (Map 2A), which focuses on locations best suited for future commercial uses based on existing infrastructure. Although there is some commercial zoning along this Route 1 Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 3 of 7

corridor, it is predominantly vacant or being used residentially and the overall intensity of the area has remained unchanged.

The proposed reclassification does not conform to Chapter 2 Economic Development or Chapter 7 Land Use of the Comprehensive Plan. The policy emphasis and recommendations of these chapters focus on the importance of development within incorporated areas as they already have the required infrastructure necessary to support economic development in the County. The specific policy emphasis and recommendations include:

• Support the economic development efforts of municipalities including downtown revitalization efforts.

• Focus economic development as a whole toward areas where infrastructure exists or is planned for the immediate future.

• Create economic centers of business and commerce around existing infrastructure and identify areas designated for industrial and business parks, large scale commercial uses, and neighborhood commercial uses.

• Preserve areas for economic development opportunities by focusing on growth in Employment Centers, Commercial Areas, and Industrial Areas.

• Develop in areas with adequate infrastructure and public services while protecting the natural resources and rural character of the County.

C. Transportation facilities, water and sewerage systems, storm drainage systems, schools and fire suppression facilities adequate to serve the proposed use are either in existence or programmed for construction.

The subject site does not fall within the designated Master Plan area where transportation facilities, water and sewerage systems, storm drain systems, and fire suppression facilities are available or planned.

The subject site is located along the Route 1 corridor between two major transportation infrastructure investments, the South Frederica and Thompsonville intersections. The site has frontage on Old Cemetery Road, which is a secondary road. In a letter dated August 16, 2019, DelDOT advised that Old Cemetery Road would have to be realigned and widened to accommodate the site’s proposed trip generation, which is part of the land development proposal that has not yet been submitted to Kent County Planning. Although this application is for rezoning and not land development, it is worth mentioning that acceleration and deceleration lanes on Route 1 leading to/from the realigned Old Cemetery Road would be required, and the existing Route 1 medians would require channelization and would be closed. In addition, as part of a transportation study currently being Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 4 of 7

conducted in this area, there is potential that access to the subject site will eventually be from a contemplated service/access road, which would be set back an adequate distance from Route 1 to provide ample storage space for traffic queuing along Old Cemetery Road.

Kent County Public Works has completed a feasibility study for the subject site. However, the applicant has not petitioned the Levy Court for inclusion in the Kent County Sanitary Sewer District, and the subject site currently does not have access to central water service.

D. There is compatibility between the uses of the property as reclassified and the surrounding land uses, so as to promote the health, safety and welfare of present and future residents of the county.

There is little compatibility between the uses of the property as reclassified as the subject site is located within a predominantly low-density area with agricultural and residential uses. The zoning map is misleading as it gives the impression that commercial zoning equates to commercial use. Although there are commercially zoned properties along Route 1 in the surrounding area, there is a substantial inventory of vacant and undeveloped commercial land in this vicinity, and the few commercial uses that do exist trend towards smaller businesses. The majority of new commercial development and infrastructure are located closer to the municipalities to the north and south. If reclassified to commercial and developed as such, there will be an impact to the rural character of the surrounding area that exists.

II. BACKGROUND INFORMATION:

• The applicant is requesting an amendment to the Comprehensive Plan Future Land Use Map to revise the area of petition (4.55 + acres) from low density residential to highway commercial and rezone from AR to BG.

• The subject site is comprised of three contiguous parcels. Parcels 4400 and 4403 are currently being used residentially. Parcel 6700 is undeveloped and almost entirely covered in forested freshwater wetlands. In addition to wetlands, all three parcels are impacted by a blue line stream. Given the size of the parcels, the building setbacks, the environmental impacts from the wetlands and stream, and the buffers required to protect these areas, there is a limited building envelope for commercial development.

• The Office of State Planning and Coordination reviewed the application through the PLUS process on June 24, 2020. Their review includes recommendations from state agencies, including DelDOT, DNREC, the State Historic Preservation Office, and the Department of Agriculture. The PLUS report indicates that this project is located in an Investment Level 3 area where growth is anticipated by local, county, and State plans in the longer term future, or areas that may have environmental or other constraints to development. State policies encourage design of this site with respect for the environmental features which are present.

Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 5 of 7

When the State reviewed Kent County’s 2018 Comprehensive Plan, the agencies were concerned about development pressure along this corridor and its potential impact on the environment and the significant investments the State has made to the road infrastructure. Through the comprehensive planning process, the State and County agreed that development would be concentrated in the South Frederica area to support the DE Turf sports complex, and that a master plan would be developed to address environmental and infrastructure issues. The State believes that this project will negatively impact the viability of the master plan area, and as such it undermines the Kent County Comprehensive Plan and the master plan currently underway. For these reasons, the State does not support this project and requests that the Kent County Levy Court follow the 2018 Comprehensive Plan and deny the rezoning request.

The applicant responded to the State as follows: The proposed re-zonings encompass 3 small parcels, totaling approximately 4.55 acres that fall in between existing commercial use and zoned parcels along Route 1. The rezoning will allow the parcels to be used for commercial uses that would support the adjacent by-right proposed campground use as part of the future development plan.

The full PLUS report and applicant’s response are attached to this Staff Report for reference.

• Also of note in the PLUS report, the Delaware Department of Agriculture is against this rezoning for the following reason(s):

“We believe the corridor needs to be protected… Additionally, as a result of the various active agricultural farms in the area, the proposed rezoning would lead to complaints from prospective residents/tenants about the noise, aerial pesticide, and other typical agricultural practices.”

• There has been one previous application for rezoning on the subject site. Application Z-77- 06 requested the rezoning of 2.54 + acres from AR to BG in 1977. However, the application was withdrawn by the applicant prior to the public hearing.

• Within one mile of the subject property along Route 1, there have been 4 similar rezoning requests in the past 10 years, as follows:

o Application CZ-11-04 rezoned 0.715 + from AR to BG in 2011.*

o Application CZ-17-02 rezoned 19.47 + acres from AC, AR, and IG to BG in 2017.*

o Application CZ-18-04 attempted to rezone 26.63 + acres from AR to BG in 2018. The application was indefinitely tabled by the applicant after receiving a recommendation for denial from the Regional Planning Commission.

o Application CZ-20-02 requested the rezoning of 19.92 + acres in September 2020. As of the writing of this report, the outcome of that application has not yet been determined. Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 6 of 7

(*Note that the two rezoning approvals listed above were completed prior to the adoption of the 2018 Comprehensive Plan and the creation of the Master Plan for South Frederica.)

III. AGENCY COMMENTS:

A. KENT COUNTY DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIV. Contact: Brian L. Hall, Engineering Project Manager II

Requirement & Source: 1. This Proposal’s properties, along with some other ones, were part of a sanitary sewer (SS) technical feasibility study (TFS) that was prepared (dated 04/23/20) and issued (dated 04/29/20) by staff. To date, this TFS has not been officially accepted by the applicant/owner.

Comments: 1. If this rezoning will not involve Kent County SS, then “approval with no objection to recordation” is granted.

2. If this rezoning will involve Kent County SS, then “conditional approval” is granted.

B. DELAWARE DEPARTMENT OF TRANSPORTATION Contact: Joshua J. Schwartz

Comments: 1. The site is located along SR-1, thereby subject to the policies of the Corridor Capacity Preservation Program. The Program’s main goal is to maintain the capacity of the existing highway by minimizing and consolidating the amount of high-density driveway access points on the arterial highway. SR-1 is being converted to a limited access highway by proactively coordinating necessary road improvements and developing service roads to mitigate the increasing traffic volumes along the corridor. The Program was established in accordance with the provisions of Title 17, Section 145 of the Delaware Code.

2. The property is currently in the Traffic Impact Study process within DelDOT.

This recommendation is offered without the benefit of public testimony and is based on the information presented when the application was received by the Department of Planning Services. The Regional Planning Commission shall give considerable weight to public testimony received during public hearing in considering its recommendation to Levy Court in this matter.

ENC: Ordinance LC20-09 Data Sheet Exhibit A –Location and Zoning Map Exhibit B - Comprehensive Plan Map Exhibit C – Rezoning Area Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 7 of 7

Exhibit D – Rezoning Area DelDOT Letter dtd. 8/16/2019 PLUS Report dtd. 7/23/2020 Applicant’s Response to PLUS Report dtd. 8/12/2020 Support Facilities Report dtd. 9/17/2020

Kent County

Department of Planning Services Division of Planning SARAH E. KEIFER, AICP Phone: 302/744-2471 Director of Planning Services FAX: 302/736-2128 KRISTOPHER S. CONNELLY, AICP Assistant Director of Planning Services

DATA SHEET FOR ZONING MAP AMENDMENT

Regional Planning Commission Public Hearing of: Thursday, October 1, 2020

Regional Planning Commission Business Meeting of: Thursday, October 8, 2020

Levy Court Public Hearing of: Tuesday, October 27, 2020

Ordinance # / Application # and Name : LC20-09 / CZ-20-03 Ching, LLC

Applicant / Owner : Ching, LLC c/o Steven Martin 1973 Bay Road Milford, DE 19963

Other Contact : Pennoni Associates c/o Greg Rishel, Professional Landscape Architect 121 Continental Drive, Ste 207 Newark, DE 19713

Present Zoning / Comp Plan Map Designation : AR (Agricultural Residential) / Low Density Residential

Proposed Zoning / Comp Plan Map Designation : BG (General Business) / Highway Commercial

Relation to Growth Zone : Inside

Total Site Area : 4.55 + Acres

Levy Court District : 4th - Buckson

School District : Milford

Fire District : Milford

KENT COUNTY COMPLEX 555 Bay Road Dover, DE 19901 (Handicapped Accessible)

Data Sheet CZ-20-03 Ching, LLC October 2020 Page 2

Area and Location : Three contiguous parcels totaling 4.55 ± acres located at the intersection of Bay Road (DE Rt.1) and Old Cemetery Road (Co. Rd. 402), north of Milford

Kent County Property Identification Numbers : MD-00-152.00-01-44.00-000 (1.89 + Acres, Residential) MD-00-152.00-01-44.03-000 (1.0 + Acres, Residential) MD-00-152.00-01-67.00-000 (1.66 + Acres, Vacant/Wooded)

PLUS Identification Number : 2020-06-07

Kent County LOCATION AND ZONING MAP Levy Court Application: CZ-20-03 Exhibit A Ching, LLC APPLICANT/OWNER: Ching, LLC c/o Steve Martin OLD CEMETERY RD PRESENT COMPREHENSIVE PLAN MAP DESIGNATION: Low Density Residential BAY RD PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION: Highway Commercial

PRESENT ZONING DISTRICT: AR (Agricultural Residential)

PROPOSED ZONING DISTRICT: BG (General Business) SPRING HILL DR PRESENT USE: Residential

LEVY COURT DISTRICT: 4th SUBJECT SITES

TAX MAP NO: MD-00-152.00-01-44.00-000 MD-00-152.00-01-44.03-000 MD-00-152.00-01-67.00-000

LOCATION: Three contiguous parcels MILFORD totaling 4.55 +/- acres located at the CICADA LN intersection of Bay Road (DE Rt. 1) and Old Cemetery Road (Co. Rd. 402), north of Milford Kent County COMPREHENSIVE PLAN Levy Court Application: CZ-20-03 Exhibit B Ching, LLC APPLICANT/OWNER: Ching, LLC c/o Steve Martin OLD CEMETERY RD PRESENT COMPREHENSIVE PLAN MAP DESIGNATION: Low Density Residential BAY RD PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION: Highway Commercial

PRESENT ZONING DISTRICT: AR (Agricultural Residential)

PROPOSED ZONING DISTRICT: BG (General Business) SPRING HILL DR PRESENT USE: Residential

LEVY COURT DISTRICT: 4th SUBJECT SITES

TAX MAP NO: MD-00-152.00-01-44.00-000 MD-00-152.00-01-44.03-000 MD-00-152.00-01-67.00-000

LOCATION: Three contiguous parcels MILFORD totaling 4.55 +/- acres located at the CICADA LN intersection of Bay Road (DE Rt. 1) and Old Cemetery Road (Co. Rd. 402), north of Milford Application: CZ-20-03 Exhibit C Ching, LLC PRESENT COMP. PLAN: Low Density Residential PROPOSED COMP. PLAN: Highway Commercial PRESENT ZONING: AC PROPOSED ZONING: BG (4.55+ acres)

REZONING AREA Application: CZ-20-02 Exhibit D Bay Road Properties, LLC

AR to BG

REZONING AREA

Srlrr on Dpuwlnr Exrcurryn DnpaRrvrnNr Orntcr or Srarn Plaxnrxc CoonornarroN

July 23,2020

Alan Decktor Pennoni 18072 Davidson Drive Milton, DE 19968

RE: PLUS review 2020-06-07; Ching Mixed Use Project

Dear Mr. Decktor:

Thank you for meeting with State agency planners on June 24,2020 to discuss the proposed plans for the Ching Mixed Use project. According to the information received you are seeking review of a rezoning of several parcels in anticipation of a mixed use development along Rt. I near the intersection with Spring Hill Road in Kent County. Some of these rezoning proposals appear to be inconsistent with the Kent County Comprehensive Plan. This PLUS review is for both the rezoning application and the comprehensive plan amendment that will be required should Levy Court choose to rezone these properties.

Please note that changes to the plan, other than those suggested in this letter, could result in additional comments from the State. Additionally, these comments reflect only issues that are the responsibility of the agencies represented at the meeting. The developers will also need to comply with any Federal, State, and local regulations regarding this property. We also note that as Kent County is the governing authority over this land, the developers will need to comply with any and all regulations/restrictions set forth by the County.

Stratesies for State Policies and Snendins

This project is located in Investment Level 3 and Out of Play according to the Strategies for State Policies and Spending.

Investment Level 3 reflects areas where growth is anticipated by local, county, and state plans in the longer term future, or areas that may have environmental or other constraints to development. State investments may support future growth in these areas, but may have priorities for the near future. Level 3 arca means there may be environmental concerns on or near the parcel and we would encourage you to design the site with respect for the environmental features which are present.

l22Martin Luther King Jr. Blvd. South - Haslet Armory . Third Floor . Dover, DE 19901 Phone (302)739-3090 Fax (302) 739-5661 . www. stateplanning.delaware.gov PLUS review 2020-06-07 Page2 of 17

Out of Play reflects lands that, at the time the State Strategies were developed, were not available for private development due to public ownership and I or preservation.

This project is a site plan and multiple rezonings on lands located along the Route 1 corridor between two major transportation infrastructure investments, the South Frederica and Thompsonville grade separated intersections. In addition, this parcel is in the vicinity of "The Turf' sports complex that is intended to provide a positive economic development impact for Kent County.

Based on our review these rezoning proposals, and the site plan overall are inconsistent with the Kent County Comprehensive Plan. This is not an areathat is indicated for Economic Development or additional commercial land use on Map 2C, Economic Development, 7B, Future Land Use or Map TC,Land Use Strategies. Instead, Kent County's 2018 Comprehensive Plan envisioned additional development in the vicinity of "The Turf' sports complex. In order to encourage well planned and managed growth the County has been working with multiple state agencies, stakeholders and the public for almost two years on a Master Plan for the South Frederica area. This proposal mirrors many of the uses envisioned in the master plan area, but without the detailed planning and public outreach that are going into the master plan.

When the State reviewed the Kent County Comprehensive Plan the agencies were concerned about development pressure along this corridor, and its potential impact on the environment and the significant investments the State has made to the road infrastructure. A well planned overall approach to the future development of this corridor which considers transportation infrastructure, environmental concerns, and economic potential is preferable to individual, incremental rezoning and development requests such as this one. Through the comprehensive planning process the State and County agreed that development would be concentrated in the South Frederica area to support "The Turf," and that a master plan would be developed to address environmental and infrastructure issues. This project will negatively impact the viability of the master plan area, and as such it undermines the Kent County Comprehensive Plan and the master plan currently underway. For these reasons, the State is not in support of this project and requests that the Kent County Ler,y Court follow the Comprehensive Plan and deny the requested rezonings.

Code Rea uirements/Asen Permittins Reo uirements

Department of rransportation - contact Bill Brockenbrough 760-2109 DeIDOT has no regulations or code requirements pertaining to rezonings. DeIDOT offers the following comments in anticipation of a site plan that could follow if the rezoning were approved.

a The subject property is adjacent to Delaware Route I and is therefore subject to the Department's Corridor Capacity Preservation Program. The Program was established in accordance with the provisions of Title 17, Section 145 of the Delaware Code. The main PLUS review 2020-06-07 Page 3 of 17

goal of the Program is to maintain the capacity of the existing highway. Program policy states ifa property has reasonable alternative access to a secondary road, no direct access to the corridor will be permitted. DeIDOT's position in this regard is more fully detailed in the attached letter dated August 16,2019.

The August 76,2019,letter does not address the lands on the east side of Route 1 where the applicant proposes to build a water tower. These lands were purchased by the State for the pu{poses of the Corridor Capacity Preservation Program and the applicant now seeks to purchase them for the purpose of building the tower. Because the tower would generate a negligible amount of traffic, DeIDOT is amenable to selling the land for that specific use.

a The site access on Old Cemetery Road (Kent Road 402) must be designed in accordance with DeIDOT's Development Coordination Manual, which is available at http://www.deldot.gov/Business/subdivisions/index.shtml?dc:changes. The realignment and extension of Old Cemetery Road must be designed in accordance with DeIDOT's Manual and other applicable standards. The RDM is available at https://deldot.gov/Publications/manuals/road_design/index.shtml. While it is not clear from the concept plans whether the connection from Delaware Route I to the proposed roundabout or the proposed service road leading north from that roundabout would be public or private, DeIDOT's current position is that they should be designed to DeIDOT's local road standards with the idea that they would become State-maintained public roads in the future if not immediately.

a Pursuant to Section 1.3 of the Manual, a Pre-Submittal Meeting is required before plans are submitted for review. The form needed to request the meeting and guidance on what will be covered there and how to prepare for it is located at https://www.deldot.gov/Business/subdivisions/pdfs/Meeting_RequestJorm.pdflO80220 t7.

a Section 1.7 of the Manual addresses fees that are assessed for the review of development proposals. DeIDOT anticipates collecting the Initial Stage Fee when the record plan is submitted for review and the Construction Stage Fee when construction plans are submitted for review.

a Per Section 2.2.2.I of the Manual, Traffrc Impact Studies (TIS) are warranted for developments generating more than 500 vehicle trip ends per day or 50 vehicle trip ends per hour in any hour of the day. From the PLUS application, the total daily trips are estimated at 5,000 vehicle trip ends per day. As detailed in the table below, DeIDOT finds a higher number, 16,595 vehicle trip ends per day and finds further that the trip generation during the weekday evening peak hour would be 1,421vehicle trip ends, of which 577 would be new trips on the road network. The plan meets the warrants for a TIS. PLUS review 2020-06-07 Page 4 of 17

Uses Daily Traffic PM Peak Hour PM Peak Hour Net Primary 6,600 sf Drive-In Bank 5,773 s58 179 6,100 sf Convenience Store with Gas Pumps 1O0-room Hotel 8,999 700 285 4 - 2,500 sf Fast Food Restaurants 3.48-acre Water Park 29,200 sf Shopping Center

140-site RV Campground 1 t 823 r63 II J 4,400 sf General Store 2,200 sf Office building 4,400 sf Bar Total 16.59s 1,421 577

As detailed in the attached memorandum dated March I0,2020, a TIS Scoping Meeting was held on November 14,2019. Due to the travel restrictions associated with the current State of Emergency, DeIDOT has asked that traffic counts for TIS be suspended indefinitely. However, many traffic counts have been done previously in and around the study area for this TIS and DeIDOT will work with the applicant's engineer to advance the TIS based on the available data if possible.

o As necessary, in accordance with Section 3.2.5 and Figure 3.2.5-aof the Manual, DeIDOT will require dedication of right-of-way along the site's frontage on Delaware Route l, Old Cemetery Road and Cicada Lane (Kent Road 403). By this regulation, this dedication is to provide a minimum of 30 feet of right-of-way from outside edge of the through lanes on Route 1 and from the physical centerline of the other two roads. The following right-of-way dedication note is required, "An X-foot wide right-of-way is hereby dedicated to the State of Delaware, as per this plat."

In accordance with Section 3.2.5.1.2 of the Manual, DeIDOT will require the establishment of a 15-foot wide permanent easement across the property frontage on Delaware Route 1, Old Cemetery Road and Cicada Lane. The location of the easement shall be outside the limits of the ultimate righrolway. The easement area can be used as part of the open space calculation for the site. The following note is required, "A l5-foot wide permanent easement is hereby established for the State of Delaware, as per this plat."

a Referring to Section 3.4.2.I of the Manual, the following items, among other things, are required on the Record Plan: PLUS review 2020-06-07 Page 5 of 17

o A Traffic Generation Diagram. See Figure 3.4.2-a for the required format and content.

o Depiction of all existing entrances within 600 feet of the entrances on Route 1 and Delaware Route 1, Old Cemetery Road and Cicada Lane.

o Notes identi$ing the type of off-site improvements, agreements (signal, letter) contributions and when the off-site improvements are warranted.

a Section 3.5.4.2 of the Manual addresses requirements for Shared Use Path and sidewalks For projects in Level 3 Investment Areas, installation of paths or sidewalks along the frontage on State-maintained roads is at DeIDOT's discretion. Given the likelihood of pedestrian and bicycle traffic between uses within the proposed development, DeIDOT anticipates requiring sidewalks andlor paths along all current or future State-maintained roads within the development to connect the various proposed uses.

a In accordance with 3.5.5 of the Manual, existing and proposed transit stops, shall be shown on the Record Plan with applicable bicycle and pedestrian connectivity. These facilities may include passenger shelters, bicycle parking, landing pads, bus pull-offs, walkways to the transit stop location, or some combination thereof, as required by DTC or DelDOT, in consultation with the applicable land use authority.

o In accordance with Section 3.8 of the Manual, storm water facilities, excluding filter strips and bioswales, shall be located a minimum of 20 feet from the ultimate State right- of-way along Delaware Route 1, Old Cemetery Road and Cicada Lane.

a In accordance with Section 5.2.9 of the Manual, the Auxiliary Lane Worksheet should be used to determine whether auxiliary lanes are warranted at the site entrances and how long those lanes should be. The worksheet can be found at http ://www. deldot. gov/Business/subdivi sions/index. shtml.

o In accordance with Section 5.14 of the Manual, all existing utilities must be shown on the plan and a utility relocation plan will be required for any utilities that need to be relocated.

Denartment of Na Resources and Environmental Control - Tholstrun 735- 3352 This project includes parcels which are almost entirely forested with upland forest cover and forested wetlands. The development footprint is sited within areas containing natural features of concern. These include excellent groundwater recharge areas and forested wetlands along a stream, and upland forest. The proposed plan incorporates intense areas of commercial PLUS review 2020-06-07 Page 6 of 17

development for a level 3 portion of the SRl conidor, the development of which may negatively impact the planning efforts by Kent County in the South Frederica Area Master Plan.

Source Water Protection o DNREC reviewers have determined that this project is almost completely within an Excellent Groundwater Recharge Potential Area. These are areas where soils and sedimentary deposits of the most coarse-grained nature have the best ability to transmit water vertically from the ground surface through the unsaturated zone to the water table as mapped by the Delaware Geological Survey methods. Excellent Ground-Water Recharge Potential Areas shall constitute a critical area as defined under Chapter 92,Title 29 of the Delaware Code, and as such, they are protected by local County/Municipal ordinances. Local ordinances have set limits to the amount of impervious cover and land use practices that can occur within these areas.

o The applicant must comply with all Kent County codes that affect excellent groundwater recharge areas. For more information regarding excellent groundwater recharge areas please contact the DNREC Source Water Assessment and Protection Program at (302) 739-9945.

Stormwater Management and Hydric Soils o For projects greater than 5,000 square feet, a detailed sediment and stormwater plan will be required prior to any land disturbing activity taking place on the site.

a The ponds located near the proposed campground are sited within mapped wetlands and hydric soils. Locating stormwater ponds within hydric soils/wetlands is not considered an environmentally acceptable practice by DNREC and will likely increase the potential for future flooding impacts, while also increasing nutrient and bacterial pollutant discharge to ground and surface waters.

o Based on soil maps, extensive areas of hydric soils are present throughout the subject parcels. DNREC reviewers discourage building on hydric soils because they are an important source of water storage. The loss of this water storage function through excavation, filling, or grading of intact native hydric soils increases the probability for more frequent drainage and flooding events.

a The applicant must contact the Kent Conservation District to schedule a pre-application meeting to discuss the sediment and erosion control and stormwater management components of the plan as soon as practicable. The site topography, soils mapping, pre and post development runoff, and proposed method(s) and location(s) of stormwater management should be brought to the meeting for discussion. The plan review and approval as well as construction inspection will be coordinated through the Kent Conservation District. Contact Jared Adkins, Program Manager, at (302) 741-2600, ext. 3, for details regarding submittal requirements and fees. PLUS review 2020-06-07 PageT oflT

Open Space o A nutrient management plan is required under the Delaware Nutrient Management law (3 Del. Chapter 22) for all persons or entities who apply nutrients to lands or areas of open space more than 10 acres. This project's open space may exceed this 10-acre threshold.

o Contact the Delaware Nutrient Management Program at (302) 739-4811 for further information concerning compliance requirements. Additional information can be viewed here : http ://dda.delaware. gov/nutrients/index. shtml.

Wetlands o Statewide Wetlands Mapping Project (SWMP) maps indicate the presence of forested freshwater wetlands within the forested area of the property. The PLUS application indicates that the wetlands have not been delineated and wetland fill is anticipated.

o A permit from the US Army Corps of Engineers is required for wetland fill. In certain circumstances, additional certifications from the state are required as a part of the Army Corps of Engineers permit process.

State Historic Preservation Office - Contact Carlton Hall 736-7404 o 5-00-15200-01-37.01-00001: Too far away from a water source, most soil is poorly drained but prime farmland. There doesn't seem to be anything but farmland in that area. Prehistoric and historic archaeological potential is low.

a 5-00-152.00-01-37.00-00001: Although most soil is prime farmland and well drained, the area is too far away from a water source. There doesn't seem to be anything but farmland in the area. Prehistoric and historic archaeological potential is low.

a 5-00-152.00-01-45.00-00001: Prehistoric potential is moderate. Most of the soil is prime farmland and well-drained, and most of the southern portion of the parcel is within distance to Old Baptist Church Branch. There is a prehistoric site on the opposite side of the creek (on a different parcel, but within a similar distance). Historic is low. Aside from the house that appears in 1954 aerials, the area looks clear. The "T. Short" house is just north of here (K04951), (although it does look to me like a J on Beers) which means that there was nothing really in this area on Beers. There is a cemetery just across the creek (?) on the western border of this parcel, and while we think it'd be in the clear, we would just remind developers of our DE Human Remains laws.

o If any project or development proceeds, the developer should be aware of the Unmarked Human Burials and Human Skeletal Remains Law (Del. C. Title 7, Ch. 54). PLUS review 2020-06-07 Page 8 of 17

a Ifthere is federal involvement, in the form of licenses, permits, or funds, the federal agency, often through its client, is responsible for complying with Section 106 of the National Historic Preservation Act (36 CFR 800) and must consider their project's effects on any known or potential cultural or historic resources. For further information on the Section 106 process please review the Advisory Council on Historic Preservation's website at: www.achp.gov

a 5-00-15200-01-4403-00001: There seems to be well-drained prime farmland on a bit of a rise overlooking the stream, which is high potential area. The rest of the area looks sloped and is poorly drained soil towards the stream (this is based on topographic and contour maps, so it's my best guess without going out and looking). Prehistoric potential is moderate to high. o There appears to be a house near/on the parcel in the early 20th century, but no owners or house on Beers or Byles. Historic potential is low to moderate.

If any project or development proceeds, the developer should be aware of the Unmarked Human Burials and Human Skeletal Remains Law (Del. C. Title 7, Ch. 54).

a If there is federal involvement, in the form of licenses, permits, or funds, the federal agency, often through its client, is responsible for complying with Section 106 of the National Historic Preservation Act (36 CFR 800) and must consider their project's effects on any known or potential cultural or historic resources. For further information on the Section 106 process please review the Advisory Council on Historic Preservation's website at: www.achp.gov

o 5-00-15200-01-4400-00001: Very similar to parcel 4403. Prehistoric potential is moderate to high. There seems to be well-drained prime farmland on a bit of a rise overlooking the stream, which is high potential area. The rest of the area looks sloped and is poorly drained soil towards the stream (this is based on topographic and contour maps, so it's my best guess without going out and looking). No owners or house on Beers or Byles, mostly farmland. Historic potential is low.

a If any project or development proceeds, the developer should be aware of the Unmarked Human Burials and Human Skeletal Remains Law (Del. C. Title 7, Ch. 54).

a If there is federal involvement, in the form of licenses, permits, or funds, the federal agency, often through its client, is responsible for complying with Section 106 of the National Historic Preservation Act (36 CFR 800) and must consider their project's effects on any known or potential cultural or historic resources. For further information on the Section 106 process please review the Advisory Council on Historic Preservation's website at: www.achp.gov PLUS review 2020-06-07 Page 9 of 17

a 5-00-15200-01-5300-00001: Almost all the soil in the parcel is well-drained, prime farmland, and within desirable range of the stream/river. There appears to be an archaeological site logged in 1975, but there's no information about what they found. The rise looking over the stream lriver likely will have the highest probability for sites. Prehistoric potential is moderate to high. Historic potential is moderate. Prior to vegetation and buildings (?), it was agricultural land probably associated with the J. Houston Agricultural Complex. It looks like it's had some landscaping (1992 aerial) but there may be sites intact. Any 19th century finds might be related to field scatter.

a If any project or development proceeds, the developer should be aware of the Unmarked Human Burials and Human Skeletal Remains Law (Del. C. Title 7, Ch. 54).

a If there are any questions, inquiries, or concerns, feel free to contact the Delaware State Historic Preservation Offi ce for assistan ce at 302-7 3 6-7 400.

Denartment of Asriculfure - Milton Melendez 698-4534 a The Delaware Department of Agriculture is against the rezoning of the parcels referenced on this request. We believe the corridor needs to be protected, and the proposed use does not fit with the surrounding protected agricultural uses in the area. Additionally, as a result of the various active agricultural farms in the area, the proposed rezoning would lead to complaints from prospective residents/tenants about the noise, aerial pesticide, and other typical agricultural practices.

a The proposed project is adjacent to a property protected through the State's Agricultural Lands Preservation Program (West Postles District K-98-08-203 Parcel #5-00-15100-01- 2500). Therefore, the activities conducted on this preserved property are protected by the agricultural use protections outlined in Title 3, Del. C., Chapter 9. These protections effect adjoining developing properties. The 300 foot notification requirement affects all new deeds in a subdivision located in whole or part within 300 feet of an Agricultural District/Easement. Please take note of these restrictions as follows:

$ 910. Agricultural use protections.

(a) Normal agricultural uses and activities conducted in a lawful manner are preferred and priority uses and activities in Agricultural Preservation Districts. In PLUS review 2020-06-07 Page 10 of17

order to establish and maintain a preference and priority for such normal agricultural uses and activities and avert and negate complaints arising from normal noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations, land use adjacent to Agricultural Preservation Districts shall be subject to the following restrictions:

(1) For any new subdivision development located in whole or in part within 300 feet of the boundary of an Agricultural Preservation District, the owner of the development shall provide in the deed restrictions and any leases or agreements of sale for any residential lot or dwelling unit the following notice:

This property is located in the vicinity of an established Agricultural Preservation District in which normal agricultural uses and activities have been afforded the highest priority use status. It can be anticipated that such agricultural uses and activities may now or in the future involve noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations. The use and enjoyment of this property is expressly conditioned on acceptance ofany annoyance or inconvenience which may result from such normal agricultural uses and activities."

(2) For any new subdivision development located in whole or in part within 50 feet of the boundary of an Agricultural Preservation Diitrict, no improvement requiring an occupancy approval shall be constructed within 50 feet of the boundary of the Agricultural Preservation District.

(b) Normal agricultural uses and activities conducted in accordance with good husbandry and best management practices in Agricultural Preservation Districts shall be deemed protected actions and not subject to any claim or complaint of nuisance, including any such claims under any existing or future county or municipal code or ordinance. In the event a formal complaint alleging nuisance related to normal agricultural uses and activities is filed against an owner of lands located in an Agricultural Preservation District, such owner, upon prevailing in any such action, shall be entitled to recover reasonably incurred costs and expenses related to the defense of any such action, including reasonable attorney's fees (68 Del. Laws, c. I 18, $ 2.).

a In addition, if any wells are to be installed, section 4.01(AX2) of the Delaware Regulations Governing the Construction and Use of Wells will apply. This regulation states:

(2) For any parcel, lot, or subdivision created or recorded within fifty (50) feet of, or within the boundaries of, an Agricultural Lands Preservation District (as defined in Title 3, Del. C., Chapter 9); all wells constructed on such parcels shall be located a minimum of fifty (50) feet from any boundary of the Agricultural Lands Preservation District. This requirement does not apply to parcels recorded PLUS review 2020-06-07 Pagellof17

prior to the implementation date of these Regulations. However, it is recommended that all wells be placed the maximum distance possible from lands which are or have been used for the production of crops which have been subjected to the application of land applied federally regulated chemicals.

Recommendations/A dditional lnformation This section includes a list of site specific suggestions that are intended to enhance the project. These suggestions have been generated by the State Agencies based on their expertise and subject area knowledge. These suggestions do not represent State code requirements. They are offered here in order to provide proactive ideas to help the applicant enhance the site design, and it is hoped (but in no way required) that the applicant will open a dialogue with the relevant agencies to discuss how the suggestions can benefit the project.

Denartment of Transportation - contact Bill Brockenbroush 760-2109 o The plan includes a bridge for golf carts and pedestrians to link the campground to a related commercial area. Golf carts are not permitted to travel along State-maintained roads. If there is any intention that golf carts would be used to travel elsewhere within the complex, a separate path network will be needed outside the public right-of-way with right-angle crossings striped across the public road network at approved locations.

The proposed campground would likely result in greater than normal bicycle traffic to other uses within the development. For that reason, care should be taken to provide for adequate bicycle parking, perhaps in excess of what the county code requires.

a The applicant should expect a requirement that any substation andlor wastewater facilities will be required to have access from an internal driveway with no direct access to Delaware Route l, Old Cemetery Road or Cicada Lane.

a The applicant should expect a requirement that all PLUS and Technical Advisory Committee (TAC) comments be addressed prior to submitting plans for review.

a Please be advised that the Standard General Notes have been updated and posted to the DeIDOT website. Please begin using the new versions and look for the revision dates of March 21,2019 and March 25,2019. The notes can be found at https ://www. deldot. gov/Business/subdivisions/. PLUS review 2020-06-07 Page 72 of 17

Denartmenf of Natural Resources and Environmental Control - Michael Tholstrun 735' 3352 Stormwater Management and Hydric Soils o The applicant should contact a licensed (Delaware Class D- Site Evaluator) soil scientist to make a site-specific assessment of the soils on this site. A list of Class D licensees can be obtained here: https://data.delaware.gov/Energy-and-Environment/Class-D-Site- Evaluator-Licensees- -on-Licens edl 6vjs-3 4rD. Questions regarding licensed professionals should be directed to Dawn Dryden at (302) 739-9948

a Eliminate the stormwater ponds that are proposed within areas of hydric soils or wetlands. Embrace green infrastructure techniques.

a Eliminate or significantly reduce lots and infrastructure within hydric soils and wetlands.

Open Space o Preserve large forest blocks and wetlands as passive open space.

o Tree and shrubs native to Delaware should be used to the maximum extent practicable in the landscaping for open spaces in this project. Native plants in the suburban landscape are well-suited to our climate and require limited maintenance. They also provide an increasingly important role in the survival of native birds and beneficial insects whose habitat is shrinking due to development activities and climate change.

Wetlands o Redesign the proposed development plan to avoid lots, roads, and stormwater management facilities in or near wetlands. Utilize these important headwater areas for passive recreation for residents.

Maintaining, at minimuln, a 100-foot vegetated buffer around any wetland perimeter to protect the function and integrity of wetlands. Wetland buffers reduce the amount of sediment and pollutants that may affect the function and integrity of habitat and the condition and survivability of aquatic organisms.

a The applicant is encouraged to maintain inputs to natural wetlands at pre-construction levels by avoiding increases or decreases in water levels and avoiding diversion of surface water from roadways and stormwater facilities into on-site wetlands.

Forest and Habitat o Cumulative forest loss and forest fragmentation throughout the state is of utmost concern to the Division of Fish and Wildlife, which is responsible for conserving and managing the states wildlife. Forests provide important natural services that maintain health and quality of life for Delawareans including climate control, carbon sequestration, erosion control, maintenance of clean water, and flood control. PLUS review 2020-06-07 Page 13 of17

o To reduce impacts to nesting birds and other wildlife species thatutilize forests for breeding, it is recommended that tree clearing not occur from April l't to July 31't. This clearing recommendation would only protect those species during one breeding season, because once trees are cleared the result is an overall loss ofhabitat.

a A significant portion of the campground parcel is mapped as part of the Delaware Ecological Network. This network links large blocks of ecologically significant natural areas and natural corridors and allows the movement of wildlife and plant life between them. Forested wildlife conidors should be an integral part of the design to ensure connectivity of the forest and migration pathways for wildlife.

O A forest assessment should be conducted to determine if mature forest resources exist on the property and to delineate their boundaries. If mature forests are found, we recommend that these areas be conserved to the fullest extent possible. Additionally, a forest assessment would also include the identification of specimen trees and forest interior. The forest interior, or the forest "core", is habitat deep within woodlands that is located away from the influence of forest edges and open habitats. Forest interior is of high ecological value and is directly related to a forest's size and shape.

a Any specimen tree within the project boundaries should be retained. A specimen tree is any tree in good health having a single trunk diameter of 24 inches or more (measured at 4.5 ft. above the ground), or having 75%o or more of the trunk diameter of the current state champion tree (as listed in "Big Trees of Delaware," Delaware State Forest Service: http://www.dda.delaware.gov/forestry/forms/big1rees.pdD, or that is of exceptional size for the species (based on best professional judgement). Non-native tree species considered invasive, are not to be designated as specimen trees.

a For more information related to any of the above conservation efforts our program botanist, Bill McAvoy, would gladly assist in the consultation of these efforts. Bill can be contacte d at (3 02) 73 5 -866 8 or William.McAvoy@delaware. gov.

Dam Safety . Old Cemetery Rd. is proposed for realignment in the vicinity of an existing pond and appears to currently serve as a dam/embankment for the pond. Ensure that any applicable dam safety regulations and design standards are applied to maintain the structural stability of the pond embankment. For more information, contact the DNREC Dam Safety Program at (302) 739-9921

Water Quatity and TMDLs o This project is located within in the greater Delaware River and Bay drainage, specifically within the Mispillion River watershed. A Total Maximum Daily Load (TMDL)is the maximum amount of a pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet water quality standards. The TMDL for the PLUS review 2020-06-01 Page 14 of 17

Mispillion River watershed calls for a 57 percentreduction (88 percent in King's Causeway Branch) for both nitrogen and phosphorus from baseline conditions. The TMDL also calls for an 87 percent reduction in bacteria from baseline conditions.

a To support the State's water quality efforts, DNREC reviewers encourage applicants to reduce the amount of pollutants that enter local waterways by limiting the disturbance of natural habitat and the amount of impervious cover, as well as increasing the use of green infrastructure. The Mispillion River watershed pollution control strategy can be reviewed here: http://www.dnrec.delaware.gov/swc/walPages/WatershedManagementPlans.aspx.

a To ensure that wetland functions continue, the applicant should design the site plan to prevent further impacts to the forest and wetlands. Forests and wetlands provide ecosystem service value in terms of the following functions: 1) wildlife habitat,2) nutrient transformation (breaks down of nutrients known to cause poor water quality downstream), 3) stream shading (decreases water temperatures necessary for fish survival and propagation), 4) streamflow maintenance (aids in maintaining water quality, especially dissolved oxygen), 5) sediment retention (prevents over-sedimentation of downstream waterways), and 6) surface water detention (flood mitigation).

o Tree removal for construction activities and stormwater management infrastructure should be minimized. The site plan should be designed in a way that prioritizes preservation of larger, connected wooded areas where feasible. Existing native trees clean the air of localized pollutants, replenish oxygen, and with appropriate shading can cut down on energy/cooling needs. Forest clearing and soil disturbance should be limited to the footprint of homes and infrastructure and where areas are disturbed, replanting with native species is encouraged.

a Employ green-technology storm water management and rain gardens (in lieu of open- water management structures) to mitigate or reduce nutrient and bacterial pollutant runoff. If open-water stormwater management is selected for use, they should be employed minimally, for the management of stormwater.

a A project's TMDL nutrient and bacteria loading rates should be determined at the preliminary project design phase of development. Both the Nutrient Load Assessment protocol and the Chesapeake Bay program model are tools that have been developed to assess changes in nutrient loading (e.g., nitrogen and phosphorus), thus providing governmental entities with quantitative information about the project's impacts on baseline water quality and help them design and implement the most environmentally- effective practices. The Chesapeake Bay program model can be found here:

http : //cast. chesapeakebay. netlDocumentation/ModelDocumentation PLUS review 2020-06-07 Page 15 of 17

Nuisance Wildlife Recommendations o DNREC reviewers recommend planting the area surrounding stormwater ponds with a mix of native wildflower plantings (in accordance with the Sediment and Stormwater Plan approval agency requirements) to deter waterfowl from taking up residence in the stormwater ponds. In addition to detening nuisance waterfowl, the native wildflower mix will also serve to attract bees, butterflies, and other pollinators, and reduce run-off, which can contain oil and other pollutants. DNREC's botanist, Bill McAvoy, would gladly assist in drafting a list of plants suitable for this site. Bill can be contacted at (302) 7 3 5 -8668 or William.McAvoy@delaware. gov.

a Deer displaced by encroaching development may become a nuisance for homeowners when deer browse on gardens, yards, and ornamental landscaping. DNREC reviewers want the applicant to be aware that Title 7, Chapter 7, Section 723 of the Delaware Code restricts the discharge of firearms within 100 yards of an occupied residence to remove nuisance deer. Developers can avoid conflicts with deer by maintaining large blocks of forest, as opposed to small pockets of wooded areas, with a 100-yard safety zone.

This project is within a zone that will be impacted by mosquitoes due to its location near large expanses of salt matshes, brackish wetlands (within 2 miles), or large tracts of freshwater wetlands (within 1 mile) Mosquito control issues are increasing as developments infringe on wetland areas which often lead to increased demands by the public for mosquito control services. These services are often underfunded as local property taxes do not support the State's mosquito control services.

o Achieving good control in an environmentally compatible manner requires technical knowledge. Controlling mosquitoes can be quite costly and an on-going problem. There can be liability issues that their treatment activities might cause, particularly in regard to any claims of chemical trespass, misapplications, or adverse impacts to human health or the environment from insecticide exposures. If the applicant has any questions regarding mosquito control issues, they can contact Dr. Bill Meredith, Mosquito Control Administrator at (302) 739-9917.

Low Impact and Sustainable Development Recommendations The following strategies and resources are provided to help reduce these impacts to our natural resources while supporting development goals.

Energy Efficiency and Renewable Energy Sources o Use efficient Energy Star rated products and materials in construction and redevelopment to lessen the power source emissions of the project and costs. Every percentage of energy efficiency translates into a percent reduction in pollution. Renewable energy infrastructure such as solar or geothermal will further reduce pollution created from offsite generation. Energy efficiency upgrades for your project may be eligible for funding through the Division of Climate, Coastal, & Energy (www.de.gov/greenenergy, www.de.gov/eeiO. PLUS review 2020-06-07 Page 16 of 17

o Install electric vehicle charging infrastructure at community facilities and develop electric vehicle ready homes, to assist Delaware in achieving its clean transportation goals. The Division of Climate, Coastal, & Energy offers incentives for clean transportation (electric vehicle charging). These programs address climate change goals of reducing greenhouse gas emissions and improving overall air quality (www.de. govicleantransportation).

Solid Waste reduction o The applicant should consider the use of recycled materials, such as reclaimed asphalt pavement, to reduce landfill waste, heat island effects on paved surfaces, and pavement costs.

a Include space for recycling dumpsters within the preliminary site design stage. These can be placed adjacent to trash dumpsters.

Air Pollution Reduction o Air pollution from new construction is generated through the use of maintenance equipment, paints, and consumer products like roof coatings and primers. Use of structural paint coatings that are low in Volatile Organic Compounds will help protect air quality.

a Air pollution is also directly related to increased motorized transportation activity. Incorporating nonmotorized connectivity and installing bicycle racks where feasible will help to facilitate non-vehicular travel modes.

Department of Agriculture - Contact: Milton Melendez 698-4534 o The Department of Agriculture strongly encourages the developer to work with the Department's Forestry Section during the design and implementation of the project to plant an effective forested buffer between the proposed residential development and existing preserved properties. It is important that suitable tree species be selected and planted to create an effective mitigation barrier between this new development and the existing agricultural operation enrolled in the Agricultural Lands Preservation Program. This farm generates dust, noise and odors that new residents may not be familiar with.

Following receipt of this letter and upon filing of an application with the local jurisdiction, the applicant shall provide to the local jurisdiction and the Office of State Planning Coordination a written response to comments received as a result of the pre-application process' noting whether comments were incorporated into the project design or not and the reason therefore. PLUS review 2020-06-07 PagelT oflT

Thank you for the opportunity to review this project. Ifyou have any questions, please contact me at 302-739-3090 SincerelY, CM Constance C. Holland, AICP Director, Office of State Planning Coordination

CC: Kent County Planning

September 17, 2020

Ms. Michele Green Planner, Kent County Department of Planning Services Kent County Complex 555 Bay Road Dover, DE 19901

Dear Ms. Anaya:

The Department has completed its review of a Service Level Evaluation Request for the Ching, LLC rezoning application, which we received on August 24, 2020. This application is for an approximately 4.55-acre assemblage of parcels (Tax Parcels: 5-00-152.00-01-44.00-00001, 5- 00-152.00-01-44.03-00001, and 5-00-152.00-01-67.00-00001). The subject land is located on the southwest corner of the intersection of Delaware Route 1 and Old Cemetery Road (Kent Road 402). The subject land is currently zoned as AR (Agricultural Residential), and the applicant is seeking to rezone the land to BG (General Business) for billboard / future commercial use.

Per the 2019 Delaware Vehicle Volume Summary, the annual average and summer average daily traffic volumes along the segment of Delaware Route 1 where the subject land is located, which is from Milford Bypass Road (Kent Road 8A) to Frederica Road (Kent Road 10), are 44,511 and 57,286 vehicles per day, respectively. As the subject land also has frontage along Old Cemetery Road, the annual average and summer average daily traffic volumes along that road segment are 134 and 173 vehicles per day, respectively.

Our volume-based criteria for requiring a traffic impact study (TIS), addressed in Section 2.2.2.1 of the Development Coordination Manual, are that a development generates more than 500 trips per day or 50 trips during a weekly peak hour. While it seems that the above criteria could be met, we presently cannot predict the trip generation associated with this specific application with enough accuracy to make a TIS useful. Thus, we recommend that this rezoning application be considered without a completed TIS and that the need for a TIS be evaluated when a subdivision or land development plan is proposed. As the County may know, the applicant is having a TIS prepared for the development of a larger assemblage that includes the subject lands.

The subject property is adjacent to Delaware Route 1, and is therefore subject to the Department’s Corridor Capacity Preservation Program. The Program was established in accordance with the provisions of Title 17, Section 145 of the Delaware Code. The main goal of the Program is to maintain the capacity of the existing highway. According to the Office of State Planning Coordination’s Strategies for State Policies and Spending document, the property is partially located within a Level 3 Investment Area and partially located in an Out of Play Area. Program policy states if a property has reasonable alternative access to a secondary road, no direct access to the corridor will be permitted. Therefore, expanding the site’s existing direct access along Delaware Route 1 would not be permitted. However, given the site has ample frontage along

Ms. Michele Green Page 2 of 2 September 17, 2020 a secondary road, the property owner can develop a full access along Old Cemetery Road. The Corridor Capacity Preservation Program policy can be viewed on Department’s website at www.deldot.gov.

If the County approves this application, the applicant should be reminded that DelDOT requires compliance with State regulations regarding plan approvals and entrance permits, whether or not a TIS is required.

Please contact Mr. Claudy Joinville, at (302) 760-2124, if you have questions concerning this correspondence or Mr. Thomas Felice, at (302) 760-2338, if you have questions concerning the Corridor Capacity Preservation Program.

Sincerely,

T. William Brockenbrough, Jr. County Coordinator Development Coordination

TWB:cjm cc: Constance C. Holland, State Planning Coordinator, Cabinet Committee on State Planning Issues Jason Berry, Kent County Department of Planning Services Ching, LLC, Applicant Todd Sammons, Assistant Director, Development Coordination Thomas Felice, Corridor Capacity Preservation Program Manager, Development Coordination Olayiwola Okesola, Kent County Review Coordinator, Development Coordination Joshua Schwartz, Kent County Subdivision Manager, Development Coordination Ryan Shroder, Kent County Subdivision Manager, Development Coordination Jeff Steward, Central District Project Reviewer, Maintenance & Operations Troy Brestel, Project Engineer, Development Coordination Claudy Joinville, Project Engineer, Development Coordination