AGENDA Milford City Hall, Joseph Ronnie Rogers Council Chambers, 201 South Walnut Street, Milford, DE 19963

Monthly Planning Commission Meeting February 16, 2016 7:00 P.M. Call to Order – Chairman Campbell Roll Call Approval of Previous Minutes Unfinished Business:

New Business: Morris Ritchie Associates on behalf of Dunn Development LLC (property owner: Walter N. Thomas II); Project No 13-196 Second One Year Extension of Preliminary Site Plan and Preliminary Major Subdivision for Hickory Glen 1335 Milford-Harrington Hwy Tax Map MD-16-173.00-01-21.00; -22.00; 71.91+/- Acres Zoning R8 Adoption of Resolution PC16-002 & Resolution PC16-003

Milford Plaza Enterprises LLC; Project No 16-001 Preliminary Site Plan 600 N DuPont Blvd Tax Map MD-16-183.09-01-04.00; 21.44+/- Acres Zoning C3 Adoption of Resolution PC16-004

Comprehensive Plan Update

Planning & Economic Activities Coordinator Monthly Update

Adjourn

010716 012916

Page 1 of 1 CITY OF MILFORD PLANNING COMMISSION Minutes of Meeting January 19, 2016

The regular monthly meeting of the Milford Planning Commission was held in the Joseph Ronnie Rogers Council Chambers at Milford City Hall, 201 South Walnut Street, Milford, DE on Tuesday, January 19, 2016.

PRESIDING: Chairman Archie Campbell IN ATTENDANCE: Rae Mims, Andrew Fulton, Marvin Sharp, Michael Yosifon, Ed Holloway, Kerri Fry Also: City Solicitor David Rutt, Planning & Economic Activities Coordinator Rob Pierce, Deputy City Clerk Christine Crouch

Chairman Campbell called the meeting to order at 7:00 pm noting the absence of Mr. Lane.

APPROVAL OF MINUTES

A motion made by Mr. Holloway, seconded by Mr. Fulton, to approve the minutes of the December 2015 Planning Commission meeting minutes carried unanimously.

UNFINISHED BUSINESS

Mispillion Street Partners; Project 14-212 Preliminary Site Plan; 401 Mispillion Street to be known as Riverwalk Villas Zoning: R3; Acres: 3.89 +/- Tax Map 3-30-7.17-011.00 Resolution PC15-012

Chairman Campbell explained this item was tabled last month and asked Mr. Pierce to explain the status of the application.

Mr. Pierce asked Solicitor Rutt to explain the procedure to which he stated first Mr. Fry cannot vote due to his absence at the last meeting.

The first order of business will be to remove the item from the table by motion. The commission will also need to vote on whether they approve the application as presented, approve it with conditions not contrary to the city code and with the agreement of the applicant or deny the application if it is not compliant with city code. This is a by right application and must be approved under Delaware law.

Mr. Pierce began explaining the status when Mr. Fulton asked if the item needs to be removed from the table in order to be discussed. Solicitor Rutt stated that can be done now.

Planning Commission Page 2 of 9 01.19.16

A motion by Mr. Fulton, seconded by Mr. Holloway to remove the item from the table carried unanimously.

Mr. Pierce began by stating since the last meeting he has met with the applicant and went over five or six items needing to be discussed. The specific items are as follows:

Staff recommends the following additional offsite street and sidewalk improvements, to be performed by the owner/developer: 1. Widening of Mispillion Street to 25 feet pavement width and perform 2” mill and overlay full width from Columbia Street to Marshall Street. This may require the owner/developer to provide additional right of way along Mispillion Street. 2. Perform 2” mill and overlay, full width on Marshall Street from Unnamed Street to SE Front Street. 3. Provide sidewalk and handicap accessible ramp improvements at the intersection of Marshall Street and Mispillion Street. 4. Provide sidewalk and handicap accessible ramp improvements at the intersection of Mispillion Street and McColley Street. 5. Restrict parking along both sides of Marshall Street from the SE Front Street intersection north 75 feet. 6. Widening of Mispillion Street may require relocation of the existing electir utility pole and communication lines. The utility could be relocated further back as overhead electric or buried below grade.

Mr. Pierce added, for the record the state fire marshal had comments which can be addressed during his site plan review through his office.

To reiterate from his staff report, the preliminary site plan approval comes with the understanding the applicant must receive approvals from the fire marshal office, office of drinking water, Army Corps of Engineers, Sussex Conservation District and City of Milford Public Works prior to applying for final site plan approval.

No waivers or variances are being sought from Chapters 200 and 230. All buildings must be in compliance with our flood plain management ordinance found in Chapter 193.

Solicitor Rutt stated for the record the letter from Mr. Malmberg has been made a part of the record since it was included in last month’s meeting minutes.

Mr. Yosifon confirmed with Mr. Pierce there are no outstanding issues or anything that needs clarification and that the project meets with Mr. Pierce’s approval.

Chairman Campbell asked applicant to come to podium. Connie Malmberg, representing the applicant introduced himself and thanked Mr. Pierce for working with his clients to come to an agreement on what will be done by the City and what will be done by them.

Mr. Pierce stated unfortunately prior to last month’s meeting there wasn’t enough time to come to an agreement, but what has been worked out is as follows: Planning Commission Page 3 of 9 01.19.16

1. Widening of Mispillion Street to 25 feet pavement width and perform 2” mill and overlay full width from Columbia Street to Marshall Street. This may require the owner/developer to provide additional right of way along Mispillion Street. a. Applicant agrees to grant the City 5’ right of way for the widening project. b. Applicant agrees to provide new storm water catch basis to tie into the existing storm water pipe to collect flow from the north half of Mispillion Street including the expanded 5’ right of way. c. Applicant agrees to install curb and gutter on the north side of the Mispillion Street. d. Applicant will mill and overlay Mispillion Street to Columbia Street to Marshall Street as requested. e. Applicant will not be responsible for any new curbing and guttering on south side of Mispillion Street. f. Electric and communication addressed below. 2. Perform 2” mill and overlay, full width on Marshall Street from Unnamed Street to SE Front Street. a. Applicant agrees to provide mill and overlay on Marshall Street from unnamed street to Mispillion Street. b. Applicant does not feel it is appropriate for the property owner to make revisions to Marshall Street south of Mispillion Street. 3. Provide sidewalk and handicap accessible ramp improvements at the intersection of Marshall Street and Mispillion Street. a. Applicant agrees to provide handicap ramps on the north east and north west intersection corners of Marshall and Mispillion Street. b. Applicant does not feel it is appropriate for the property owner to make revisions to the other two corners. 4. Provide sidewalk and handicap accessible ramp improvements at the intersection of Mispillion Street and McColley Street. a. Applicant agrees. 5. Restrict parking along both sides of Marshall Street from the SE Front Street intersection north 75 feet. a. Applicant does not feel it is appropriate for the property owner to make revisions to this intersection. 6. Widening of Mispillion Street may require relocation of the existing electric utility pole and communication lines. The utility could be relocated further back as overhead electric or buried below grade. a. Applicant acknowledged.

From Mr. Malmberg’s perspective his client has agreed to do everything requested by the City that is on their property. He does not feel it is appropriate to make additional off site improvements that are beyond his property. In addition, because the cost of moving the electric poles, item #6, is unknown, there may be cost sharing involved.

Chairman Campbell asked if there were any questions or comments from the commissioners.

A motion by Ms. Mims to approve resolution PC15-012 to include the six items discussed was seconded by Mr. Yosifon. Planning Commission Page 4 of 9 01.19.16

Mr. Sharp asked if Ms. Mims would consider amending her motion to include a making Mispillion Street a one-way street. He brings this up because of the added Fire Department comments that were received after last month’s meeting. He has personally driven fire trucks and understands the ladder truck maneuvering. Solicitor Rutt explained that is not something this commission can do. That is a council decision to make a street one-way. Mr. Sharp asked if the commission can recommend Council consider this to which Solicitor Rutt replied yes, but it must be added to an agenda and will be separate from this application as this is a site plan and does not go to Council. Mr. Sharp withdrew his amendment.

Chairman Campbell called for a poll of the commission for the motion on the floor. All voted in favor with one descending vote cast by Mr. Sharp stating he votes no until the parking is resolved along Mispillion Street.

RESOLUTION NO. PC15-012

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILFORD, DELAWARE FOR, THE APPROVAL OF A PRELIMINARY SITE PLAN FOR MISPILLION STREET PARTNERS AT 401 MISPILLION STREET FOR FOUR BUILDINGS WITH 12 UNITS EACH FOR A TOTAL OF 48 GARDEN APARTMENTS IN AN R-3 ZONING DISTRICT TAX MAP 3-30-7.17-011.00

WHEREAS, the owner and applicant has made application with the City of Milford; and,

WHEREAS, the proposed application shall comply with the standards and regulations of the Code of the City of Milford; and,

WHEREAS, the Planning Commission met, heard and tabled said application during a public hearing on December 15, 2015; and,

WHEREAS, the Planning Commission met and heard said application during a public hearing on January 19, 2016; and,

WHEREAS, by a vote of 5-1 approved the application.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has recommended approval of the application to the Mayor and City Council of the City of Milford, Delaware with the following conditions: 1. Applicant agrees to grant the City 5’ right of way for the widening of Mispillion Street to 25’ pavement width. 2. Applicant agrees to provide new storm water catch basis to tie into the existing storm water pipe to collect flow from the north half of Mispillion Street including the expanded 5’ right of way. Planning Commission Page 5 of 9 01.19.16

3. Applicant agrees to install curb and gutter on the north side of the Mispillion Street. 4. Applicant will perform 2” mill and overlay Mispillion Street to Columbia Street to Marshall Street as requested. 5. Applicant will not be responsible for any new curbing and guttering on south side of Mispillion Street. 6. Applicant agrees to perform 2” mill and overlay, full width on Marshall Street from Unnamed Street to SE Front Street. 7. Applicant agrees to provide sidewalk and handicap accessible ramp improvements at the north west intersection corners of Marshall Street and Mispillion Street. 8. Applicant agrees to provide sidewalk and handicap accessible ramp improvements at the intersection of Mispillion Street and McColley Street. 9. Applicant acknowledges the widening of Mispillion Street may require relocation of the existing electric utility pole and communication lines. The utility could be relocated further back as overhead electric or buried below grade.

NEW BUSINESS

Annexation Adjacent to Fieldstone Ave (Brookstone Trace subdivision) Tax Map 1-30-3.00-080.02; 2.00+/- Acres Current Zoning MR (Medium Residential), Proposed Zoning R3 (Garden Apartment & Townhouse) R3 Ordinance 2016-01

Chairman Campbell asked Mr. Pierce to provide an explanation of the project to which Mr. Pierce replied this annexation is associated with the Brookstone Trace subdivision off Old Shawnee Road. The development has not yet begun, although utilities have been installed in at least part of it. It is anticipated that the owner will incorporate this land being annexed into the Brookestone Trace subdivision.

Mr. Jamie Masten, the owner of Mispillion Realty, stated he is present to answer any questions the commission may have.

Mr. Pierce asked Mr. Masten what he proposes to put on the property if annexed. He replied Brookstone Trace was approved for townhouses originally however since the approval, city code has changed, so it may be condos or apartment buildings. Still in planning stages. He acknowledged he will re-record the project to include these properties and redesign the entire project. A pool and recreation center was removed on the plans prior to him purchasing it and he is thinking about adding those back in as well, but again everything is still being worked out.

Solicitor Rutt confirmed Mr. Masten has seen the annexation agreement and approved it.

Mr. Fulton confirmed this property will either have townhouses, condos or apartments on it as part of Brookstone Trace.

Chairman Campbell called for public comments. Planning Commission Page 6 of 9 01.19.16

Mr. Bill Bradley of 6045 Old Shawnee Rd said his property butts right up to this and he has no objection to the annexation.

Hearing no additional comments, Chairman Campbell closed the public hearing.

A motion to recommend approval of Ordinance 2016-01 was made by Ms. Mims, seconded by Mr. Holloway. Motion carried unanimously following a poll of the commission.

ORDINANCE 2016-01 Change of Zone of Annexed Lands belonging to Mispillion Realty LLC Tax Parcel 1-30-3.00-080.02 2.00 +/- Acres Current Zone MR/Proposed Zone R3

AN ORDINANCE OF THE CITY OF MILFORD, DELAWARE to amend the zoning map of the City of Milford by rezoning 2.00 +/- acres of real property from MR to R3 adjacent to Fieldstone Avenue in Brookstone Trace, Milford, Delaware. Present Use: Vacant. Proposed Use: Garden Apartment/Townhouse. Tax Map and Parcel: 1-30-3.00-080.02

WHEREAS, the City of Milford Planning Commission will consider the change of zone application at a Public Hearing on January 19, 2016; and

WHEREAS, Milford City Council will hold a Public Hearing on January 25, 2016 to allow for public comment and further review of the ordinance; and

WHEREAS, it is deemed in the best interest of the City of Milford to allow a change of zone as herein described.

NOW, THEREFORE, the City of Milford hereby ordains as follows:

Upon the adoption of this ordinance, tax map and parcels 3-30-3.00-080.02, owned by Mispillion Realty LLC located on Fieldstone Avenue in Brookstone Trace, is hereby zoned R3.

Dates: Planning Commission Review & Public Hearing: January 19, 2016 City Council Introduction: January 11, 2016 City Council Public Hearing: January 25, 2016 Adoption: January 25, 2016 Effective: February 4, 2016 This ordinance shall take effect and be in force ten days after its adoption.

Review and Recommendation/Ordinance 2015-26/Chapter 230 Amendment/Correction of Public Hearing Requirement

Planning Commission Page 7 of 9 01.19.16

Mr. Pierce explained this is an ordinance to amend Chapter 230 of the code. It currently erroneously refers to a public hearing being held. As everyone is aware, site plans do not require public hearings. Mr. Pierce is looking at cleaning up the code. This is a housekeeping item.

Chairman Campbell called for public comments. Hearing none, closed the public hearing. Ms. Mims made a motion to recommend approval of Ordinance 2015-26, seconded by Mr. Holloway. Motion carried unanimous following a poll of the commission.

ORDINANCE 2015-26 CODE OF THE CITY OF MILFORD PART II-GENERAL LEGISLATION CHAPTER 230-ZONING ARTICLE X-SITE PLAN REVIEW §230-52– REVIEW PROCEDURES

WHEREAS, the City of Milford deems it necessary to assure that the large-scale developments are in accord with the Comprehensive Plan and that such developments comply with the regulations of this chapter. Site plans are required to assure good arrangement and appearance of new development; ensure harmony with existing structures; assure consistency with the City's adopted building and design standards, the Comprehensive Plan, and the City's Standard Specifications for Installation of Utility Construction Projects and Subdivision Pavement Design; to provide an understanding of the impacts of proposed development on public facilities and services and ensure the availability and adequacy of the same; and to otherwise meet the purposes of this chapter; and

WHEREAS, the Planning Department deems it necessary to update the Site Plan Review procedures.

NOW, THEREFORE, THE CITY OF MILFORD HEREBY ORDAINS:

Section 1. An Ordinance to Amend the Code of the City of Milford by Amending Chapter 230 entitled Zoning by adding and renumbering as follows: A. Preliminary approval. (1) A preliminary plan and documents, as specified by the Planning Department, shall be prepared by the applicant and submitted in accordance with the submission schedule as determined by the City Planner, along with the appropriate fees, as specified in § 230-57. (2) The Development Advisory Committee (DAC) shall review the application and plan. Comments from the DAC must be addressed via either submitting revised plans and/or necessary documents or via a narrative submitted to the City Planner. Upon confirmation by the City Planner that all DAC issues have been addressed satisfactorily, the application will then be scheduled to be heard by the Planning Commission. (3) The Planning Commission shall review the application and shall approve the application with or without conditions, deny the application, or table the application. Planning Commission Page 8 of 9 01.19.16

(4) Preliminary approval from the Planning Commission shall be void after one year, unless an extension is requested by the owner and approved for good cause by the Planning Commission prior to the expiration. B. Final approval. (1) A final plat and documents, as specified by the Planning Department, shall be prepared by the applicant and submitted in accordance with the submission schedule as determined by City Planner, along with the appropriate fees, as specified in § 230-57. (2) The Development Advisory Committee (DAC) shall review the application and plan. Comments from the DAC must be addressed via either submitting revised plans and/or necessary documents or via a narrative submitted to the City Planner. The final plan shall also be reviewed by the City Planner for confirmation that the application is designed in accordance with all subdivision, zoning and other land use regulations of the City. The final plan shall also be reviewed by the City Engineer for confirmation that the application is designed consistent with the preliminary plan, if applicable, and in accordance with the construction standards and specifications of the City. Upon confirmation by the City Planner and City Engineer that all issues have been addressed satisfactorily, the application will be scheduled to be heard by the Planning Commission. (3) The Planning Commission shall review the application and shall approve the application with or without conditions, deny the application, or table the application. (4) Prior to receiving final site plan approval, the City Engineer shall provide a copy of the signed subdivision agreement to the City Planner. (5) Within 90 days of final approval from Planning Commission, the applicant shall record the plat at the County Recorder of Deeds office and provide the City Planner a receipt of the recordation including the deed book and page number. Prior to recording the plat, five copies of the plat must be submitted to the City Planner for stamping and signing. Three sets will be returned to the applicant. (6) Upon recordation of the plat, the applicant shall provide the Land Data Manager of the City a mylar copy of the plat including the deed book and page printed thereon. (7) Failure to record the plat within 90 days of Planning Commission approval will result in the approval being voided. C. The site plan review by the Planning Commission shall be limited to those proposed developments enumerated by this chapter and to those proposed developments that require a site plan review as determined by the City Planner. No other site plans shall be considered by the Planning Commission for review. D. Prior to the Planning Commission holding a public hearing to review the application for the site plan, the City Engineer shall provide a copy of the signed subdivision agreement to the City Planner.

Section 2. Dates. Planning Commission Review and Public Hearing: January 19, 2016 City Council Review and Public Hearing: January 25, 2016 Adoption: January 25, 2016 Effective: February 4, 2016 This ordinance shall take effect and be in force ten days after its adoption.

Planning Commission Page 9 of 9 01.19.16

ADJOURN

With no further business, the meeting adjourned at 7:31 pm.

Respectfully submitted,

Christine R. Crouch, CMC Deputy City Clerk

MORRIS & RITCHIE ASSOCIATES, INC.

ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS

Mr. Robert Pierce Date: January 5, 2016 City Planner City of Milford 201 South Walnut Street Milford, DE 19963 Subject: Hickory Glen Preliminary Plan Extension Request

Dear Rob:

On behalf of our client, Mr. Eric Dunn of Dunn Development, LLC, and in regards to the above referenced plan, we hereby formally request a twelve (12) month extension for the previously approved Preliminary Site Plan and Preliminary Major Subdivision Plan, collectively referred to as "the plans". The Plans were granted Preliminary approval by the City of Milford on February 23, 2015 and are therefore scheduled to expire on February 23 , 2016 in accordance with Section 200-4 A.(5) of the City Subdivision Ordinance. We have been diligently working on developing the construction plans related to this project and this 12 month extension is necessary in order to obtain all necessary State, County, and City approvals related to the final engineering plans.

Since the current Preliminary Plans are scheduled to expire on February 23 , 2016 we request that the 12 month extension be considered during the January 19, 2016 Planning Commission meeting and the January 25, 2016 City Council agenda.

Should you have any questions or comments regarding this issue, please feel free to contact me.

c.c. Mr. Eric Dunn File

18 Boulden Circle. Suite 36, New Castle, DE 19720 (302) 326-2200 Fax: (302) 326-2399 www. mragta.com

Abingdon MD + Lciurel MD + Towson MO + Georgetown. DE + New Castle DE + Sterling. VA (4 10) 515-9000 (41 OJ 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 674-0161 MILFORD PLANNING COMMISSION MINUTES OF MEETING February 17, 2015

The regular monthly meeting of the Milford Planning Commission was held in the Joseph Ronnie Rogers Council Chambers at Milford City Hall on Tuesday, February 17, 2015.

PRESIDING: Chairman James Burk IN ATTENDANCE: Archie Campbell, William Lane, Ed Holloway, Deborah O’Neill ALSO: City Solicitor David Rutt, Deputy City Clerk Christine Crouch

Chairman Burk called the meeting to order at 7:00 pm noting the absence of Ms. Mims, Mr. Sharp, Mr. Fry and Mr. Yosifon.

APPROVAL OF MINUTES A motion made by Mr. Lane, seconded by Mr. Holloway to approve the minutes of the July 2014 Planning Commission meeting minutes as presented carried unanimously.

NEW BUSINESS Dunn Development LLC on behalf of Walter N. Thomas II; Project No 13-196 Extension of Preliminary Site Plan and Preliminary Major Subdivision for Hickory Glen 1335 Milford-Harrington Hwy Tax Map MD-16-173.00-01-21.00; -22.00; 71.91+/- Acres Zoning R8

Mr. Phil Tolliver with Morris Ritchie Associates was present on behalf of the applicant and owner. He is requesting a twelve month extension of the preliminary site plan and preliminary major subdivision.

Utility studies of the area have taken place by Davis, Bowen & Friedel, the City’s engineering firm, and are not yet complete. Without the study being completed, there is no way to design Hickory Glen’s utility system.

Regarding outside agency approvals to be obtained prior to applying for final approvals from the City, Mr. Tolliver explained the project will be grandfathered by the Kent Conservation District because the plans were submitted to KCD prior to January 1, 2014, which is when a new stormwater management code went into effect with KCD. He is currently in discussions with them regarding questions they have in order to obtain their approval. Approvals are still needed from the Fire Marshal and DelDOT.

Mr. Campbell asked what questions the KCD has had. Mr. Tolliver stated nothing significant or even worthy of mentioning. There are not red flags or nothing seems to be problematic, just normal engineering questions.

Mr. Tolliver continued by stating in his humble opinion, from doing this for 28 years, twelve months is not long enough between preliminary and final approvals to accomplish all that needs Planning Commission Page 2 of 3 02.17.15 to be done. He realizes other towns and counties provide the same twelve month window, but again in his humble opinion it is not sufficient.

Mr. Holloway asked if Mr. Tolliver can foresee any reason another twelve month extension will be requested next year. Mr. Tolliver replied it may happen but he is unsure. It will all depend on the housing market. Right now the market is not doing well so there is no reason to rush for final approvals. He would hope the market improves and another extension is not necessary.

Mr. Holloway added he really liked the assisted living component Hickory Glen had proposed at one point. Mr. Tolliver agreed it is a need in this area and since there is a five acre outparcel it may come back to the plan at a later date.

City Manager Medlarz introduced himself and explained years ago he was the City’s engineer for many years as well. First of all, normally the City Manager would not appear in favor or in any position to projects however he was forced to review a number of email traffics between various entities, documenting the time line associated with the northwest Milford water and wastewater plan. The document landed on his desk last week so he’s had a chance to review it and discussed it with Mr. Tolliver before the meeting tonight. It appears we are headed in the right directions.

It is a difficult area to master plan, so there are some reasons for the time invested in it. Strange enough the timing worked out in the end, but he clearly for the record states there is documentation on the books that he has personally reviewed which indicates a seven months back and forth between the City engineers, the developer, the developers engineer as well as City administration so it would be unfair for us to say the City did not play a part in this. This needs to be on the record and he will do the same with City Council.

Secondly, to answer Mr. Holloway’s question, he expects them to possibly be back probably with a pretty good change because of the issues associated with the Fire Marshal. It’s not one of the run of the mill type fire flow requirements and Mr. Tolliver will have to work hard to come up with a solution which more likely than not will have an underlying Public Works Agreement on top of the sewer one.

Lastly, there is a rezoning in the Planning Commission’s future for one of the properties involved in the northwest study and that particular entity has met with him and he has met with the State Planning Office. There is also a Master Plan in the Planning Commission’s future. This whole area is going to get a little more attention and the Commission will see City Manager Medlarz back for both of those issues.

Now Counsel can tell City Manager Medlarz if he has overstepped the limits of City administration. Mr. Rutt stated no. City Manager Medlarz laid out the facts and didn’t voice an opinion.

For the record, Chairman Burk noted no one from the public was present, only Mr. Tolliver and City Manager Medlarz.

Planning Commission Page 3 of 3 02.17.15

Mr. Rutt called a point of order and noted there are two resolutions before the Commission. One is for the extension of the preliminary site plan, which in accordance with §230-54(A)4 the Planning Commission makes a determination. The extension of the preliminary major subdivision will be a recommendation by the Planning Commission and determined by City Council in accordance with §200-4(A)5.

Mr. Lane made a motion to approve resolution PC15-001 which approves a one year extension on the preliminary site plan. Mr. Holloway seconded the motion. Motion carried unanimously following a poll of the commission.

Mr. Holloway made a motion to approve resolution PC15-002 which recommends the approval of a one year extension on the preliminary major subdivision. Mr. Campbell seconded the motion. Motion carried unanimously following a poll of the commission.

Introduction/Ordinance 2015-02/Chapter 230 Amendment/Lot Coverage, Parking, Floodplain Management

Based on recommendations from Scott Adkisson at Davis, Bowen & Friedel, Chairman Burk explained the next item on the agenda is a code amendment regarding lot coverage, parking and floodplain management.

Mr. Rutt stated there is a conflict in the code as it relates to parking space sizes. The proposed amendment will clarify that. In addition, the definition of lot coverage is being clarified. The floodplain management ordinance was recently amended and this amendment clean that up as well.

Chairman Burk explained this is only an introduction so no voting will take place. It will be discussed and voted on at the March Planning Commission meeting.

City Manager Medlarz explained he looked at the code and could not understand the parking space sizes as well, which is why it is being proposed for an amendment.

ADJOURN

Chairman Burk thanked the commissioners in attendance for coming out in the weather tonight and wished them safe travel home. With no further business, the meeting adjourned at 7:21pm.

Respectfully submitted,

Christine R. Crouch Deputy City Clerk

Council Meeting Page 15 February 23, 2015

Mr. Pikus moved to authorize Reisinger Contraet Change Order No. 3 be paid from electric reserves for continued renovations to the Customer Service Office/former PNC Building, seconded by Mr. Morrow. Motion carried.

Approval/Hickory Glen-Preliminary Plan (Mc?jor Subdivision) One Year l:..'xtension

Phillip Tolliver, Principal of Morris and Richie Associates submitted the following request:

On behalf of our client, Eric Dunn of Dunn Development, and in regards to the above referen1:ed plan, we hereby formally request a twelve ( 12) month extension for the previously approved Preliminary Plan. The Preliminary Plan was previously granted approval by the Mi Iford City Council on February 24, 2014, and is therefore scheduled to expire on February 24, 2015 in accordance with Section 200-4.A(S) of the City Subdivision Ordinance. We have been diligently working on developing the construction plans related to this project and this 12-month extension is necessary in order to obtain all necessary State, County, and City approvals related to the final engineering plans.

Mr. Medlarz advised that City Engineer Erik Retzlaff is present and is familiar with this situation. Also in the audience was Phillip Tolliver.

The city manager reminded council this subject is on the western side of Milford in the area of Baltimore Air Coil. It is part of the infrastructure study that includes Homestead, Draper Farm and Crop Production Services and the Hickory Glen Subdivision.

The study is in draft form and has been shared with Mr. Tolliver who is considering the options.

The planning eommission felt that the extension is warranted.

Mr. Medlarz hopes that next time we see this development, he hopes to be presenting the public works agreement versus another extension.

Once all entities have reviewed the study, a proposed cost share arrangement for utilities extensions in the northwest corridor will be presented for council approval.

Mr. Morrow moved to approve a one-year extension of the Hickory Glen Preliminary Major Subdivision Plan, seconded by Mr. Brooks.

Motion carried with Mr. Gleysteen casting the one dissenting vote. Mr. Gleysteen said he feels that one year is sufficient for what they have gone through already.

Bid Award/Miljbrd Water Treatment Facility Award

Brandon Kohler, Projeet Engineer of Davis, Bowen and Friedel submitted the following reeommendation:

The bid5 for the above referenced project were received on February 19, 2015. We have evaluated the bids and the associated documentation submitted by each of the Contractors and all documentation is in order. Please find enclosed a tabulation of all ofthe bids received Based on our review ofthe bids we recommend that the Contract be awarded to Kuhn Construction Co. Kuhn Construction Co. 's total base bid is $613, 750.00. This Recommended Bid is within the City's proposed budget for this project.

Mr. Medlarz emphasized this is assoeiated with the water tank. There were clarifieations to the specifications issued and he felt the bids were very competitive.

The city manager is pleased to report that the recommended bid comes in below the budgeted amount for this project. Mr. Pikus was pleased adding that is a good situation that the eity has not been in for a long time. CITY OF MILFORD PLANNING COMMISSION

RESOLUTION NO. PC16-002

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILFORD, DELAWARE FOR THE APPROVAL OF A SECOND ONE YEAR EXTENSION OF A PRELIMINARY SITE PLAN FOR HICKORY GLEN AT 1335 MILFORD-HARRINGTON HIGHWAY FOR A 161 LOT CONSISTING OF 240 APARTMENTS AND 159 TOWNHOMES IN AN R-8ZONING DISTRICT TAX MAP MD-16-173.00-01-21.00 & MD-16-173.00-01-22.00

WHEREAS, the owner and applicant has made application with the City of Milford; and,

WHEREAS, the proposed application shall comply with the standards and regulations of the Code of the City of Milford; and,

WHEREAS, the Planning Commission met and heard said application during a public hearing on February 16, 2016; and,

WHEREAS, by a vote of recommended approval of the application.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has recommended approval of the application to the Mayor and City Council of the City of Milford, Delaware with the following recommendations: 1.

APPROVED: ______SIGNED: ______Arthur Campbell, Christine Crouch, CMC Planning Commission Chairman Deputy City Clerk CITY OF MILFORD PLANNING COMMISSION

RESOLUTION NO. PC16-003

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILFORD, DELAWARE, RECOMMENDING TO CITY COUNCIL OF THE CITY OF MILFORD THE APPROVAL OF A SECOND ONE YEAR EXTENSION OF A PRELIMINARY MAJOR SUBDIVISION FOR HICKORY GLEN AT 1335 MILFORD-HARRINGTON HIGHWAY FOR A 161 LOT, 399 UNIT SUBDIVISION CONSISTING OF 240 APARTMENTS AND 159 TOWNHOMES IN AN R-8ZONING DISTRICT TAX MAP MD-16-173.00-01-21.00 & MD-16-173.00-01-22.00

WHEREAS, the owner and applicant has made application with the City of Milford; and,

WHEREAS, the proposed application shall comply with the standards and regulations of the Code of the City of Milford; and,

WHEREAS, the Planning Commission met and heard said application during a public hearing on February 16, 2016; and,

WHEREAS, by a vote of recommended approval of the application.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has recommended approval of the application to the Mayor and City Council of the City of Milford, Delaware with the following recommendations: 1.

APPROVED: ______SIGNED: ______Arthur Campbell, Christine Crouch, CMC Planning Commission Chairman Deputy City Clerk

PLANNING & ZONING DEPARTMENT 201 SOUTH WALNUT STREET P 302.424.3712 F: 302.424.3558 MILFORD, DE 19963 www.cityofmilford.com

DATA SHEET FOR MILFORD PLAZA

Development Advisory Committee: January 20, 2016

Planning Commission Meeting: February 16, 2016

Resolution : PC16-004

Application Number / Name : 16-001 / Milford Plaza

Applicant : Milford Plaza Enterprises, LLC 201 East Delaware Avenue Newark, DE 19711

Owner : Same

Application Type : Preliminary Site Plan

Present Comprehensive Plan Designation : Highway Commercial

Proposed Comprehensive Plan Designation : Highway Commercial

Present Zoning District : C-3 (Highway Commercial District)

Proposed Zoning District : C-3 (Highway Commercial District)

Present Use : Shopping Center

Proposed Use : Shopping Center

Area and Location : 21.4 +/- acres located at the northeast corner of N. DuPont Boulevard (Route 113) and NW Front Street (Route 14) known as The Plaza at Milford Shopping Center.

Property Identification Numbers : MD-16-183.09-01-04.00-000

ENC: Staff Recommendation Report Exhibit A - Location & Zoning Map Exhibit B - Preliminary Site Plan

X:\Planning & Zoning\0 SITE PLAN APPLICATIONS\Milford Plaza Enterprises\2015\Preliminary\data sheet.doc

PLANNING & ZONING DEPARTMENT 201 SOUTH WALNUT STREET P 302.424.3712 F: 302.424.3558 MILFORD, DE 19963 www.cityofmilford.com

STAFF RECOMMENDATION REPORT January 25, 2016

Application Number / Name : 16-001 / Milford Plaza

Present Comprehensive Plan Designation : Highway Commercial

Proposed Comprehensive Plan Designation : Highway Commercial

Present Zoning District : C-3 (Highway Commercial District)

Proposed Zoning District : C-3 (Highway Commercial District)

Present Use : Shopping Center

Proposed Use : Shopping Center

Property Identification Numbers : MD-16-183.09-01-04.00-000

Area and Location : 21.4 +/- acres located at the northeast corner of N. DuPont Boulevard (Route 113) and NW Front Street (Route 14) known as The Plaza at Milford Shopping Center.

I. BACKGROUND INFORMATION:

 The shopping center had recent Site Plan approvals in 2011 and 2013 for the expansion on the southern end of the shopping center and the addition of the Chick-Fil-A pad site.

 The Site Plan includes the demolition of the existing Citizens Bank and Donut Connection Buildings and the construction of a new 2,100 square foot bank pad and an 8,000 square foot, four suite retail pad.

 The applicant proposes to reconfigure the entrance along N. DuPont Boulevard / Route 113 to alleviate current traffic flow issues.

 The Site Plan includes the relocation of handicap parking spaces throughout the site in order to meet current ADA requirements.

 The Site Plan includes the installation of the shared use path along with proper grading, top soiling and seeding of the abandoned entrance on NW Front Street / Route 14. 1/5

II. STAFF RECOMMENDATION:

Based on the information presented, the City of Milford Code and the Comprehensive Plan, staff submits the following regarding the request for Preliminary Site Plan approval:

 The proposal does not meet the parking requirements provided in Chapter 230 of the City Code. Based on the parking rationale provided by the applicant, the overall site requires 925 parking spaces but only provides for 883. The site will require a variance from the parking requirements prior to final site plan approval.

 The City will require the construction of the shared use path along NW Front Street and Route 113 prior to issuance of any certificate of occupancy for new construction. Installation shall be coordinated with and approved by DelDOT and the City.

 Final Site Plan approval will require approvals or no objection letters from DelDOT, State Fire Marshal’s Office and Kent Conservation District.

III. AGENCY COMMENTS:

 Office of State Planning Coordination Contact: David Edgell – 302-739-3090

The project is not subject to PLUS review per the MOU between the City and OSPC because the site plan involves new construction with a total floor area less than 75,000 square feet.

 DelDOT Planning, Development Coordination Contact: Joshua J. Schwartz – 302-760-2768

Right-Of-Way shall be evaluated for the State Maintained Roads when plans are submitted to the Delaware Department of Transportation.

 Delaware Health and Social Services – Division of Public Health Contact: William J. Milliken, Jr. – 302-741-8646 No comments provided.

 Department of Natural Resources and Environmental Control (DNREC), Division of Water, Surface Water Discharges Section (SWDS) Contact: Bryan Ashby – 302-739-9946 No comments provided.

 Kent Conservation District Contact: David C. Cahill – 302-741-2600 ext. 3

CITY AND STATE CODE REQUIREMENTS:

1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to our office. Construction

2/5 inspection fees based on developed area and stormwater facility maintenance inspection fees based on the number of stormwater facilities are due prior to the start of construction. Please refer to the fee schedule for those amounts. 2. The following notes must appear on the record plan:  The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection.  The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary.  A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan.

ADVISORY COMMENTS TO THE APPLICANT:

1. A Green Technologies (bio infiltration) facility exists on the site. If the engineer can show that the facility is sized to except the additional drainage that would satisfy the storm water requirements for the project. 2. The engineer must submit a report with accompanying calculations and an erosion and sediment control plan for approval. See our web site WWW.KENTCD.ORG for forms and fee schedules.

 Delaware State Fire Marshal’s Office Contact: Duane T. Fox – 302-856-5298

At the time of formal submittal, the applicant shall provide; completed application, fee, and three sets of plans depicting the following in accordance with the Delaware State Fire Prevention Regulation (DSFPR):

1. Fire Protection Water Requirements:  Water distribution system capable of delivering at least 1500 gpm for 2-hour duration, at 20- psi residual pressure is required. Fire hydrants with 800 feet spacing on centers. (Mercantile)  Where a water distribution system is proposed for the site, the infrastructure for fire protection water shall be provided, including the size of water mains for fire hydrants and sprinkler systems.

2. Fire Protection Features:  All structures over 10,000 sqft aggregate will require automatic sprinkler protection installed.  Buildings greater than 10,000 sqft, 3-stories or more, over 35 feet, or classified as High Hazard, are required to meet fire lane marking requirements.  Show Fire Department Connection location (Must be within 300 feet of fire hydrant), and detail as shown in the DSFPR.  Show Fire Lanes and Sign Detail as shown in DSFPR

3. Accessibility  All premises, which the fire department may be called upon to protect in case of fire, and which are not readily accessible from public roads, shall be provided with suitable gates and access roads, and fire lanes so that all buildings on the premises are accessible to fire apparatus. This means that the access road to the subdivision from South Dupont Hwy or NW Front St. must be constructed so fire department apparatus may negotiate it.  Fire department access shall be provided in such a manner so that fire apparatus will be able to locate within 100 ft. of the front door.

3/5  Any dead end road more than 300 feet in length shall be provided with a turn-around or cul- de-sac arranged such that fire apparatus will be able to turn around by making not more than one backing maneuver. The minimum paved radius of the cul-de-sac shall be 38 feet. The dimensions of the cul-de-sac or turn-around shall be shown on the final plans. Also, please be advised that parking is prohibited in the cul-de-sac or turn around.  The use of speed bumps or other methods of traffic speed reduction must be in accordance with Department of Transportation requirements.  The local Fire Chief, prior to any submission to our Agency, shall approve in writing the use of gates that limit fire department access into and out of the development or property.

4. Gas Piping and System Information:  Provide type of fuel proposed, and show locations of bulk containers on plan.

5. Required Notes:  Provide a note on the final plans submitted for review to read “ All fire lanes, fire hydrants, and fire department connections shall be marked in accordance with the Delaware State Fire Prevention Regulations”  Proposed Use  Alpha or Numerical Labels for each building/unit for sites with multiple buildings/units  Square footage of each structure (Total of all Floors)  National Fire Protection Association (NFPA) Construction Type  Maximum Height of Buildings (including number of stories)  Note indicating if building is to be sprinklered  Name of Water Provider  Letter from Water Provider approving the system layout  Provide Lock Box Note (as detailed in DSFPR) if Building is to be sprinklered  Provide Road Names, even for County Roads

Preliminary meetings with fire protection specialists are encouraged prior to formal submittal. Please call for appointment. Applications and brochures can be downloaded from our website: www.statefiremarshal.delaware.gov, technical services link, plan review, applications or brochures.

 Carlisle Fire Company See Fire Marshal comments.

 City Engineer Contact: Randy Duplechain, P.E. (Davis, Bowen & Friedel, Inc.) - 302-424-1441

1. Address preliminary construction plan review comments previously submitted to the applicant. 2. Final Site Plan and construction drawings shall comply with City Standard Construction Specifications.

 City of Milford Sewer and Water Department Contact: Eugene Helmick – 302-422-1110 See City Engineer Comments.

 City of Milford Streets and Solid Waste Department No comments provided.

 City of Milford Parks and Recreation Department No comments provided. 4/5

 City of Milford Police Department No comments provided.

 City of Milford Building Inspector Contact: Donald Williams – 302-424-3712

1. Equivalent Dwelling Units (EDUs) from the Donut Connection and Citizens Bank will be credited towards any new construction. The applicant should coordinate an onsite audit with the City’s Building Inspector prior to demolition. EDUs shall be calculated based on the City’s sewer and water ordinance.

 Milford School District No comments provided.

5/5 N

I-1

rd a v le u o B t n o H-1 p u D R-2

C-3

Milford Plaza Shopping Center

R-3

OB-1 NW

Fr on t S tre et

R-1 C-2

Mirror Lake Proposed Site Plan

Municipal Boundary

Scale: Title: Feet 0 250 500 Preliminary Site Plan Milford Plaza Shopping Center Drawn by: WRP Date: 10/30/15 Location & Zoning Map Filepath: PreliminarySitePlan_MilfordPlazaShoppingCenter.mxd Milford, DE Code of Ordinances 1/7/2016 § 230-14. - C-3 Highway Commercial District. In a C-3 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

A. Purpose. The purpose of the C-3 District is to provide for larger-scale commercial uses that may require large amounts of parking space or have a high traffic impact. These uses generally require locations on major arterial routes and serve both local and regional customers. B. Permitted uses. Permitted uses for the C-3 District shall be as follows: (1) Those uses permitted in the C-2 District. (2) Warehouses. (3) Large retail outlets. (4) Indoor storage accessory building. (5) Fast-food restaurants and drive-in restaurants. (6) Supermarkets. (7) Truck and trailer rentals. (8) Roadside produce market. (9) Memorial stone shop. (10) Outdoor commercial recreational facilities, not motorized vehicles. (11) Swimming club. (12) Indoor facility for amusement or assembly. (13) Bus station. C. Conditional uses subject to special requirements. The following uses are permitted subject to receiving a conditional use permit by the City Council as provided in Article IX of this chapter: [Amended 10-12-1998 by Ord. No. 10-1998]

(1) Motels or hotels with a minimum lot size of three acres. (2) Commercial greenhouse. (3) Wholesale establishment. (4) Newspaper publishing or printing establishment. (5) Contractors', craftsmen's or general service shops, including welding and similar shops. (6) Laboratory, testing and research. (7) Car repair shops. (8) Used car lots. (9) Telephone central office or television cable central office. (10) Service station, automobile sales agency, public garage, parking garage or lot, but not including storage of wrecked cars, subject to the following special requirements: (a) All facilities shall be located and all services shall be conducted on the lot. (b) All repair work shall be conducted within an entirely enclosed building. (c) No equipment for the service of gasoline or oil shall be placed closer to any street or property line than 20 feet. (d) No portion of such structure or its equipment shall be located within 500 feet of the premises of any school, hospital, church or public recreation building. (e) No service station shall be located within 800 feet of another service station on the same side of the street within the same block. (f) Any such use shall be permitted only where it is determined that it will not materially interfere with the about:blank Page 1 of 12 Milford, DE Code of Ordinances 1/7/2016 main pedestrian movement in conjunction with a compact retail area. (11) Shopping center, subject to site plan review and the following site requirements: (a) The total shall not be less than one acre. (b) The site must be served by public water, sewer and electricity. (c) Stormwater drainage. The facilities shall be provided by the developer to handle the increase in stormwater runoff, and he shall make contributions towards the cost of off-site facilities of the shopping center. (d) Traffic and parking. [1] The internal circulation of traffic shall be separated from the external street system, and pedestrian and vehicular traffic shall be separated through traffic control devices and appropriate site design. [2] Access to state highways shall be controlled by the State Department of Transportation. [3] The minimum distance between accessways and a residential district shall be 50 feet. [4] Spacing of accessway. [a] From adjoining property: 50 feet. [b] From minor intersections: 50 feet. [c] From major intersections: 100 to 150 feet. [5] Five and one-half parking spaces shall be provided per 1,000 feet of leasable area. [6] Parking lots shall be attractively landscaped as shown on the general site plan. (e) Setback. [1] From street right-of-way: 15 feet. [2] From nonresidential districts: 15 feet. [3] From residential districts: 100 feet. (f) Buffering and landscaping. [1] There shall be a minimum of a ten-foot landscaped buffer along all lot lines. The screening shall be six feet high near residential districts. [2] Ten percent of the site shall be landscaped and may include features such as pedestrian walking or rest areas and courtyards. (12) Day-care centers, with site plan required. [Added 10-14-1991]

(13) Car wash, all types (staffed, automatic, self-service, etc.). [Added 6-14-1993]

(14) Convenience stores with gas pumps. (15) Community residential treatment program. [Added 9-13-1999 by Ord. No. 6-1999]

(16) All dwellings other than single-family with a maximum density of 12 units per acre. (17) Business, commercial or industrial uses that do not adversely affect neighboring properties. (18) Billboard, subject to the following: (a) Shall be constructed and maintained in accordance with the Delaware Code, Title 17-Highways, Chapter 11- Regulations of Outdoor Advertising, Subchapter 1-General Provisions. D. Area regulations. (1) Minimum lot area shall be one acre. (2) Maximum lot coverage shall be 80%. (3) Minimum lot width shall be as follows: for an interior lot 150 feet and for a corner lot 170 feet. (4) Height of buildings shall not exceed three stories or 35 feet. about:blank Page 2 of 12 Milford, DE Code of Ordinances 1/7/2016 (5) Minimum building setback shall be 30 feet. (6) Side yards shall be provided as follows: each lot shall have two side yards a minimum of 20 feet with a minimum aggregate width of two side yards of 50 feet. (7) Minimum rear yard shall be 50 feet. (8) Parking shall comply with the requirements provided in Article IV of this chapter. (9) Landscape screening shall comply with the requirements provided in Article V of this chapter. (10) Signs shall comply with the requirements provided in Article VI of this chapter. [Ord. No. 2008-18, § 3, 8-24-2009; Ord. No. 2009-22, § 2, 9-27-2010]

ARTICLE IV - Off-Street Parking and Loading § 230-20. - General provisions. A. Establishment of off-street parking area. The establishment of any off-street parking area having a capacity of four or more automobiles shall be subject to the approval of the Code Official and further subject to the following requirements. It shall: (1) Have a buffer strip at least five feet wide between it and any adjacent residential lot. (2) Be attractively landscaped and screened from neighboring residential lots. (3) Not extend into any required front yard areas, except for the driveways. (4) Be used solely for the periodic parking of private passenger (noncommercial) vehicles. B. Parking space size. Parking space sizes shall be in accordance with § 230-21. C. Parking spaces in driveways. Driveways shall be considered as constituting off-street parking space for one-family detached, semidetached or townhouse dwellings in residential districts, provided that sufficient space is available in such driveways to meet the requirements of this section. D. Location of parking spaces. All parking spaces shall be set back 15 feet from any street line. Parking spaces shall be located so that no spaces are a greater distance than 600 feet from the building or use to which they are assigned, provided that this requirement shall not apply to parking spaces for auditoriums, stadiums, assembly halls, gymnasiums and other places of assembly or industrial, wholesaling and manufacturing establishments. E. Parking spaces assigned to more than one use. Parking spaces for separate buildings or uses in all zoning districts may be combined in a single lot, provided that the number of parking spaces in the lot shall equal the sum of the parking spaces required for each building and use, except that the parking spaces required for places of assembly may include parking spaces assigned to other uses, provided that the place of assembly shall not be used at a time when the other uses are carried on. F. No off-street parking required in the C-2 Central Business District. No on-site, off-street parking shall be required in the C-2 District for newly constructed establishments or existing structures. Existing municipal parking facilities shall provide the necessary parking areas for downtown shoppers. The location of the municipal parking lots are: (1) North Walnut Street and Northeast Front Street. (2) Park Avenue and Northeast Front Street and Denney Row. (3) Park Avenue and North Washington Street. (4) Southeast Front Street between South Walnut Street and Church Street. (5) Southeast Front Street and South Washington Street. G. Parking lot and garage maintenance. Ground cover, shrubs, trees and landscape screening shall be located and maintained so as not to interfere with vehicular and pedestrian traffic on the property or with sight clearance and exits. H. Fractional spaces. When the application of a unit of measurement for parking space or loading space to a particular use or structure results in a fractional space, any fraction under 1/2 shall be disregarded and fractions of 1/2 or over shall be counted as one parking space or loading space. I. about:blank Page 3 of 12 Milford, DE Code of Ordinances 1/7/2016 Boat, trailer, bus and van parking. In any residential district, no house trailer, camper, boat trailer, bus or boat shall be parked in the front yard. Parking is allowed in the side or rear yards five feet from the property line if it does not take up space normally occupied by an automobile. All vehicles requiring a trailer for transportation must be stored on a registered trailer. J. Points of ingress and egress. When the parking garage buffer strip is adjacent to any public street upon which the lot has frontage, the fifteen-foot buffer strip which extends for the full frontage of the lot may be interrupted only at points of ingress and egress. Only one accessway shall be permitted for each 100 feet of frontage upon a public road. Such accessway shall be not less than 25 feet and not more than 32 feet in width. No two accessways on the same lot shall be placed within 75 feet of each other. [Ord. No. 2011-6, § 5, 6-27-2011; Ord. No. 2015-02, § 4, 3-23-2015]

§ 230-21. - Parking and loading standards. A. Design standards (general). [Amended 12-14-1992]

(1) Parking spaces and aisle ways shall be designed in accordance with the following dimensional standards: [Amended 10-12-1998 by Ord. No. 10-1998]

Parking Stall Width Aisle Way Aisle Angle (feet) to Curb Way (feet) Width

90º 9 18 As required by State Fire Marshal

60º 9 20 As required by State Fire Marshal

45º 9 18 As required by State Fire Marshal

Parallel 10 20 As required by State Fire Marshal

about:blank Page 4 of 12 Milford, DE Code of Ordinances 1/7/2016 (2) All spaces reserved for handicapped accessibility shall conform to the requirements set forth by the federal standards provided by the ADA (Americans with Disabilities Act). (3) All parking spaces for use in conjunction with public parking lots, garages, storage areas operated on a commercial basis and parking areas accessory to multifamily, commercial, industrial and office uses shall be appropriately paved and striped. (4) Exceptions to the design standards shall be permitted as follows. B. Use standards. All uses permitted in this chapter shall be subject to the following minimum off-street parking requirements in addition to any special requirements as indicated in each zoning district.

Types and Uses Required Off-Street Parking Spaces

Retail stores and shops, all types, supermarkets, 1 per 200 square feet of floor area used or retail food stores and undertakers designed for sales on the ground floor, plus 1 per 300 square feet of floor area used or designed for sales on all other floors, plus 1 for each 2 employees

New and used car and boat sales, mobile dwelling 4 per salesperson, plus 1 per per 2 employees unit sales, truck and trailer sales, outdoor during the period of greatest employment equipment and machinery sales, commercial nurseries and auctions

Personal service establishments, laundromats and 1 per 200 square feet of gross floor area dry cleaning

Banks and other financial institutions 1 per 200 square feet of gross floor area, plus 1 for each employee

Business, governmental and professional offices 1 per 100 square feet of gross floor area

Medical and dental offices or clinics From 1 per 100 square feet gross floor space for [Amended 7-14-1997] medical and dental offices or clinics to 1 per 150 square feet of gross floor area for medical and dental offices or clinics

Hospitals 1 for each bed of planned patient capacity, plus 1 per 3 employees or the shift of greatest employment

Sanatorium or nursing home 1 for every 4 beds

Churches and other places of worship 1 per 5 seats

about:blank Page 5 of 12 Milford, DE Code of Ordinances 1/7/2016

Indoor and commercial outdoor recreation 1 for each 150 square feet of gross floor, building or ground area devoted to such use or 1 per 4 seats of facilities available for patron use, whichever is applicable to the facility

Restaurants, taverns and similar uses 1 per 3 seating accommodations, plus 1 per 2 employees on the shift of greatest employment

Dwelling, one-family detached, semidetached or 2 1/2 per dwelling unit mobile home

Dwelling, townhouse, garden apartment or 2 1/2 per dwelling unit multifamily dwelling

Rooming and boarding house or converted unit 1 per rented unit

Museum, art gallery and similar use 1 per 4 seats in rooms for public assembly or for each 150 square feet of gross floor area for use by the public, whichever is greater, plus 1 for each 2 employees on the shift of greatest employment

Public library 1 per 400 square feet of gross floor area for public use, plus 1 per 2 employees on the shift of greatest employment

Fire station 25

Auditorium, stadium, assembly hall, gymnasium, 1 per 4 fixed seats in the largest assembly room theater (excluding drive-in) and community or area or for each 40 square feet of floor area recreation center available for the accommodation of movable seats in the largest assembly room, or 1 per 150 square feet of gross floor area, whichever is applicable to the facility

Social club and fraternal, social service, union and 1 per adult attendant, plus 1 per 100 square feet civic organization building gross floor area devoted to such uses

Public or private school 3 per room used for administrative offices, plus 1 per room used for class instruction, plus 1 for each 5 seats in the auditorium and other places of assembly or facility available to the public

Industrial, manufacturing or wholesaling 1 per 2 employees on the shift of the greatest establishment employment, plus 1 per 200 square feet of floor area devoted to sales about:blank Page 6 of 12 Milford, DE Code of Ordinances 1/7/2016

Hotel and motel 1 for each guest room plus 1 for each 3 employees

(1) Reduction in the required number of off street parking spaces in the case of developments such as shopping centers or other commercial developments required to provide more than 50 off-street parking space. The developer must set aside space to accommodate 100% of the area necessary to provide the parking requirements established by this Ordinance, but, upon the request of the developer, if agreed by the City of Milford, the developer may be permitted to set aside space to accommodate 100% of the area necessary to provide the parking requirements established by this chapter but not be required to construct more than 80% of the required parking spaces. In the event the developer is permitted to construct fewer than the required parking spaces, the remainder of the parking area set aside must be kept free of all construction and be planted and maintained as a grassy area and designated as Future Parking Space. The City of Milford may require construction of the remaining parking spaces at any time by the then owner of the premises upon giving the owner not less than six months' advance written notice. In the event of the granting of the waiver herein described, the fact of the grant as well as the requirement that the owner maintain the space set aside as a level grass area and that the City of Milford has reserved the right to require construction of the remaining parking spaces upon six months' notice to the owner of the site must be reflected in a note appearing on the subdivision or site development plans recorded.

C. Loading spaces. (1) No building or structure shall be erected in any district for the uses listed below unless loading space for the accommodation of trucks is provided on the premises in accordance with the following requirements: (a) For retail stores, markets, wholesale and jobbing establishments and storage warehouses, the number of berths based on the gross floor area devoted to such use shall be as follows: [1] Five thousand to 7,999 square feet of floor area: one berth. [Amended 10-12-1998 by Ord. No. 10-1998]

[2] Eight thousand to 19,999 square feet of floor area: two berths. [Amended 10-12-1998 by Ord. No. 10-1998]

[3] Each additional 20,000 square feet or major fraction thereof up to a maximum of 60,000 square feet of floor area: one additional berth. (b) For hotels and motels, the number of berths based on the gross floor area devoted to such uses shall be as follows: [1] Eight thousand to 20,000 square feet of floor area: one berth. [2] Each additional 50,000 square feet or major fraction thereof up to a maximum of 120,000 square feet of floor area: one additional berth. (c) Each manufacturing, office research and industrial establishment with a total of 3,500 square feet or more of gross floor area devoted to manufacturing, research and/or industrial uses shall provide loading space adequate to accommodate the normal demands for loading and unloading incidental to the type of use proposed on the premises. (2) Loading spaces shall not be allowed in any front yard of any property. [Ord. No. 2010-14, § 2, 9-27-2010]

ARTICLE V - Landscape Screening § 230-22. - District requirements. A. Residential districts. about:blank Page 7 of 12 Milford, DE Code of Ordinances 1/7/2016 (1) In any R-1, R-2 or R-3 District a landscape screen and/or fence or wall a minimum of six feet in height shall be planted and/or erected to separate any permitted nonresidential use from any existing residential use on a contiguous lot. Such landscape screen and/or fence or wall may extend into the lot setback, side yard and rear yard. (2) In any R-3 District, for any lot developed for garden apartments or townhouses, a landscape screen and/or fence or wall a minimum of six feet in height shall be planted or erected to separate any contiguous lot developed as a single-family detached or semidetached residential dwelling on any contiguous lot zoned R-1 or R-2. Such landscape screen and/or fence or wall may extend into the lot setback, side yard and rear yard. B. Commercial districts. In any C-1, C-2 or C-3 District a fifteen-foot buffer area shall be provided within which a landscape screen and/or fence or wall a minimum of six feet in height shall be planted or erected to separate any permitted use from any contiguous lot zoned R-1, R-2 or R-3 or any contiguous lot developed or approved for development for any residential use. Such landscape screen may extend into the lot setback, side yard or rear yard. C. Institutional, Industrial and Office Building/Complex Districts: H-1, I-1, I-2, OB-1 and OC-1.4[] (1) Each use established in these districts shall set aside at least 20 feet in width immediately adjacent to any street upon which the lot has frontage, and extending for the full frontage of the lot, for purposes of providing for proper site distance and buffering from the public road. Within such area, the owner shall establish and maintain a planting of grass and/or horticultural ground cover. Other landscape materials may be incorporated, provided that there is no obstruction to vision, other than a tree trunk, in the area between two and seven feet above ground level. No use shall be made of this buffer area other than for a single driveway to provide access to the use for each 100 feet of frontage upon a public road. Such driveway shall not exceed 32 feet in width. (2) Parking areas may be located in any hard area but shall not be closer than 15 feet to any street line or property line. D. Limited Industrial District. At the boundary line between an I-1 District and any R-1, R-2 or R-3 District or any lot developed or approved for development for residential use, there shall be a fifty-foot buffer area which shall include a landscape screen and/or fence or wall a minimum of six feet in height. Such landscape screen may extend into the lot setback, side yard or rear yard.5[] Footnotes: --- () --- Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

--- () --- Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-23. - Maintenance. It shall be the responsibility of the property owner of record or his delegated representative(s) to properly maintain and care for any landscape plan planted or erected.

ARTICLE VI - Signs [Amended 7-11-1994]

§ 230-24. - Permitted and prohibited signs. For the purpose of this article of this chapter, the regulations are hereby set forth as follows:

A. Signs permitted without limitation in all zoning districts shall be as follows: (1) Authorized signs regulating traffic under state or city authority. (2) Signs designating public transportation pickup points. (3) Informational signs: those erected for safety or those installed to provide directional information and those erected for the identification of public rest areas, public parking areas, entrances or exits and loading or unloading zones (not to exceed 2 1/2 square feet in area and nonilluminated). (4) Warning signs and no trespassing signs. (5) Memorial plaques, corner stones and signs designating historical sites. (6) Signs required to be posted by law. about:blank Page 8 of 12 Milford, DE Code of Ordinances 1/7/2016 (7) Duly authorized governmental signs, public notices and signs posted or maintained by governmental order, rule or regulation. (8) Flags or emblems of governmental, educational or religious organizations. (9) Address signs, not to exceed one for each principal building or premises, not to exceed 160 square feet in area. The signs shall show only numerical address designations of premises upon which they are affixed/maintained. (10) Signs designating permanent subdivisions, not to exceed 20 square feet in area, with only two per each street frontage. (11) Signs which are attached or are integral to fuel dispensing pumps or devices, to be no larger than the servicing device to which they are attached. (12) Temporary sign for sale (realty, private owner, etc.), rental or lease of premises at location. Allowance shall be determined by the Code Official. B. Signs prohibited in all zoning districts shall be as follows: (1) Flashing signs. (2) Animated signs. (3) Signs producing noise or sounds. (4) Signs emitting visible smoke, vapor, particles or odor. (5) Signs/advertising materials which obstruct visibility of motorists or pedestrians at any location. (6) Signs which, by reason of wording, position, shape or color, may cause interference with or obstruction of view or may be confused with authorized traffic signage. The allowance shall be determined by the Code Official. (7) Signs attached to fire-fighting equipment, emergency egress doors, windows and like emergency purposes. (8) Signs causing radio, television or other communication interference because of lighting or control mechanism (s). (9) Flags (other than United States flags), banners, twirling/spinning, sandwich/A-type, sidewalk/curb signs (nonpermanent) and balloons or other gas-filled figures. Allowance shall be determined by the Code Official. (10) Signs attached to trees, fences, utility poles or any other means not designated by this article or that which is not approved by a City Code Official. Exceptions are public notices and public announcements (as previously stated). (11) Portable signs, fixed on movable stands or chassis, or those self-supported types not permanently embedded or any sign that allows ready transport from site to site. § 230-25. - Construction; violations and penalties. A. All signs permitted by this article shall be erected/placed in accordance with the zoning requirement set forth by this chapter (regarding setbacks, sizes and height limitations) and shall be constructed so as to withstand loadings imposed by wind or the direct result of the sign's weight or stresses that may be otherwise imposed. All signage applications shall be accompanied by scale drawings and shall meet the approval of the Plans Review Official. B. Any violations of city code(s)/ordinance(s) regarding the laws governing signs within the City of Milford shall be grounds for the removal of the sign in question, fines, imprisonment or all of the preceding. This shall be determined by the Code Official. § 230-26. - General standards. The chart, found at the end of this chapter, shall determine the size and height requirements allowed within the designated zoning district. Additional requirements are as follows:

A. Setback. (1) Commercial/industrial districts: 10 feet from front right-of-way line. (2) Noncommercial districts (nonresidential): (a) Advertising: 10 feet from front right-of-way line. (b) Nameplate, identification and instruction: five feet from right-of-way line. B. Sign standards chart (end of chapter). about:blank Page 9 of 12 Milford, DE Code of Ordinances 1/7/2016 C. Guidelines for all zoning districts. The following are the general guidelines for signage in all zoning districts: (1) Sidewalk or pedestrian areas are not to be obstructed in any way by signs of any type. (2) Variances for dimensional increases in area, height or coverage must be submitted for review and determination by the Board of Adjustment of the City of Milford. Violations of the requirements set forth in the attached chart shall be deemed as a violation of this chapter and will be subject to the penalties herein described. (3) All signs whose primary function it is to direct attention to the identity of the business, professional or industrial activity and which describes said nature of such operation shall be deemed a business sign. Such signs shall not exceed two in number on any one road frontage. D. Guidelines for C-2 Zoning District. The following are the general guidelines for signage within the C-2 Downtown Commercial District: (1) Signs shall reflect simplicity, using graphics and minimum information. (2) Light-colored lettering should be used over dark matte background as the dominant motif. (3) Signs should have a singular theme. (4) A maximum of three colors may be used. (5) Signs should employ a style consistent with the age of the building. (6) Signs should fit into the size and proportions of the building. (7) Wall signage shall be placed directly above the storefront. (8) Wall signs should be made of natural materials, when feasible. (9) Awning signs shall be carefully mounted and add variety and color to the streetscape. All awning signage and the awning assembly shall be kept properly maintained and shall be repaired as needed. E. Political signs. (1) Residential and Downtown Commercial Districts. (a) Political signs shall not exceed 24 inches by 36 inches or six square feet. (b) The maximum height of any political sign shall not exceed three feet. (c) All political signs shall be removed within seven days after the election. (2) Other zoning districts. (a) Political signs shall not exceed 48 inches by 60 inches or 20 square feet. (b) The maximum height of any political sign shall be no more than five feet. (c) All political signs shall be removed within seven days after the election. F. EMB signs. The following are the guidelines for all EMB signage: (1) EMB signs are only permitted in the C-3 Zoning District. (2) Contain static messages for at least eight seconds before changing the message and shall not have animation on any part of the sign, nor shall such sign have varying light intensity during the display of any single message. (3) May not operate at brightness levels of more than 0.20 foot candles above ambient light levels as measured at a distance of 150 feet. (4) The owner of said EMB sign shall provide a certification by an independent contractor of the lumens showing compliance at time of building permit application. (5) Each sign shall have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change. (6) Shall meet the same installation and permitting requirements and inspections as set out for all other signs. (7) The owner of said sign shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information. about:blank Page 10 of 12 Milford, DE Code of Ordinances 1/7/2016 (8) The owner of said sign shall provide to the City of Milford contact information for a person who is available to be contacted at any time and who is able to turn off the electronic sign promptly after a malfunction occurs. If, at any time the EMB display lights malfunction or are no longer working, the owner of said sign shall make repairs to the sign within 60 days or the sign will require removal. (9) Each sign located on a state maintained road must comply with all Delaware Department of Transportation rules and regulations applicable to electronic changeable message signs where not in conflict with this [article]. (10) All EMB signs shall have a height of no less than a minimum of two feet and no greater than a maximum of five feet. All EMB signs shall have a width of no greater than a maximum of 12 feet and shall be no larger than 32 square feet total. [Ord. No. 2010-1, §§ 4—7, 5-24-2009; Ord. No. 2012-07, § 2, 5-29-2012]

ARTICLE X - Site Plan Review § 230-50. - Purpose. [Amended 9-8-2008 by Ord. No. 2008-13]

The site plan review has a twofold purpose. It is to assure that the large-scale developments are in accord with the Comprehensive Plan and that such developments comply with the regulations of this chapter. Site plans are required to assure good arrangement and appearance of new development; ensure harmony with existing structures; assure consistency with the City's adopted building and design standards, the Comprehensive Plan, and the City's Standard Specifications for Installation of Utility Construction Projects and Subdivision Pavement Design; to provide an understanding of the impacts of proposed development on public facilities and services and ensure the availability and adequacy of the same; and to otherwise meet the purposes of this chapter.

§ 230-51. - Guidelines. Guidelines for determining what site plans shall be reviewed by the Planning Commission shall be as follows:

A. Automatic determination of review. Certain types of developments, due to the nature of their impact on the entire community, shall automatically have their site plans reviewed by the Planning Commission, including the following: (1) Residential: (a) Townhouses. (b) Garden apartments. (c) Planned unit developments. (d) Mobile home parks. (2) Commercial: shopping centers. (3) Institutional: hospitals. (4) Industrial: all industrial developments. B. Discretionary determination of a review. The Code Official shall have discretion in determining what proposed developments other than those enumerated above shall have their site plans reviewed by the Planning Commission. When making such a decision, the Code Official shall consider but not be limited to the following factors: (1) If the traffic flow will be greatly altered. Flow includes: (a) Pattern. (b) Volume. (c) Hazard involved. (d) Time involved. (2) If parking on a large scale is required. (3) If public utilities or works must be expanded to accommodate the development. (4) If there is a change in the existing land use pattern. (5) If there are incompatible uses within the proposed development or in relation to the abutting districts. about:blank Page 11 of 12 Milford, DE Code of Ordinances 1/7/2016 (6) If there may be difficulty in meeting existing performance standards. § 230-52. - Review procedure. [Amended 9-8-2008 by Ord. No. 2008-13]

A. Preliminary approval. (1) A preliminary plan and documents, as specified by the Planning Department, shall be prepared by the applicant and submitted in accordance with the submission schedule as determined by the City Planner, along with the appropriate fees, as specified in § 230-57. (2) The Development Advisory Committee (DAC) shall review the application and plan. Comments from the DAC must be addressed via either submitting revised plans and/or necessary documents or via a narrative submitted to the City Planner. Upon confirmation by the City Planner that all DAC issues have been addressed satisfactorily, the application will then be scheduled to be heard by the Planning Commission. (3) The Planning Commission shall review the application and shall approve the application with or without conditions, deny the application, or table the application. (4) Preliminary approval from the Planning Commission shall be void after one year, unless an extension is requested by the owner and approved for good cause by the Planning Commission prior to the expiration. B. Final approval. (1) A final plat and documents, as specified by the Planning Department, shall be prepared by the applicant and submitted in accordance with the submission schedule as determined by City Planner, along with the appropriate fees, as specified in § 230-57. (2) The Development Advisory Committee (DAC) shall review the application and plan. Comments from the DAC must be addressed via either submitting revised plans and/or necessary documents or via a narrative submitted to the City Planner. The final plan shall also be reviewed by the City Planner for confirmation that the application is designed in accordance with all subdivision, zoning and other land use regulations of the City. The final plan shall also be reviewed by the City Engineer for confirmation that the application is designed consistent with the preliminary plan, if applicable, and in accordance with the construction standards and specifications of the City. Upon confirmation by the City Planner and City Engineer that all issues have been addressed satisfactorily, the application will be scheduled to be heard by the Planning Commission. (3) The Planning Commission shall review the application and shall approve the application with or without conditions, deny the application, or table the application. (4) Within 90 days of final approval from Planning Commission, the applicant shall record the plat at the County Recorder of Deeds office and provide the City Planner a receipt of the recordation including the deed book and page number. Prior to recording the plat, five copies of the plat must be submitted to the City Planner for stamping and signing. Three sets will be returned to the applicant. (5) Upon recordation of the plat, the applicant shall provide the Land Data Manager of the City a mylar copy of the plat including the deed book and page printed thereon. (6) Failure to record the plat within 90 days of Planning Commission approval will result in the approval being voided. C. The site plan review by the Planning Commission shall be limited to those proposed developments enumerated by this chapter and to those proposed developments that require a site plan review as determined by the City Planner. No other site plans shall be considered by the Planning Commission for review. D. Prior to the Planning Commission holding a public hearing to review the application for the site plan, the City Engineer shall provide a copy of the signed subdivision agreement to the City Planner. § 230-52.1. - Site plan expiration. [Added 9-8-2008 by Ord. No. 2008-13]

If construction of approved buildings and improvements is not substantially undertaken within one year of final site plan approval, the site plan approval shall be void. The applicant may, however, request and the Planning Commission may grant a one-year extension for good cause. about:blank Page 12 of 12 CITY OF MILFORD PLANNING COMMISSION

RESOLUTION NO. PC16-004

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILFORD, DELAWARE FOR, THE APPROVAL OF A PRELIMINARY SITE PLAN FOR MILFORD PLAZA ENTERPRISES LLC AT 600 N DUPONT BLVD FOR A 8,000 SQ FT, 4 UNIT PAD AND FOR A 2,100 SQ FT, 1 UNIT PAD IN A C-3 ZONING DISTRICT TAX MAP MD-16-183.09-01-04.00

WHEREAS, the owner and applicant has made application with the City of Milford; and,

WHEREAS, the proposed application shall comply with the standards and regulations of the Code of the City of Milford; and,

WHEREAS, the Planning Commission met and heard said application during a public hearing on February 16, 2016; and,

WHEREAS, by a vote of approved the application.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has recommended approval of the application to the Mayor and City Council of the City of Milford, Delaware with the following conditions: 1.

APPROVED: ______SIGNED: ______Arthur Campbell, Christine Crouch, CMC Planning Commission Chairman Deputy City Clerk PRELIMINARY PLANS FOR THE PLAZA AT MILFORD CITY OF MILFORD, KENT COUNTY, GENERAL NOTES: DELAWARE DATA COLUMN

SITE

SITE

N N

AREA OF CONSTRUCTION NORTH DuPONT BLVD. (U.S. ROUTE 113)

SHEET INDEX NW FRONT STREET (DELAWARE ROUTE 14)

KEY MAP SCALE: 1"=150'

THE PLAZA AT MILFORD

· NW FRONT STREET

(DELAWARE ROUTE 14)

NORTH DuPONT BOULEVARD

(U.S. ROUTE 113)

NORTH DuPONT BOULEVARD

(U.S. ROUTE 113) THE PLAZA AT MILFORD · NW FRONT STREET

(DELAWARE ROUTE 14)

BANK PAD BANK

2,100 S.F. 2,100

30' x 70' x 30'

PAD CONCEPT PAD

8,000 S.F. 8,000 80' x 100' x 80'

NORTH DuPONT BOULEVARD

(U.S. ROUTE 113)

NORTH DuPONT BOULEVARD

(U.S. ROUTE 113) THE PLAZA AT MILFORD · NOTES: 1. NO SOIL OR MULCH SHALL BE PLACED AGAINST ROOT COLLAR OF PLANT. 2. REMOVE ALL ROPE FROM TRUNK & TOP OF ROOT BALL. FOLD BURLAP BACK 1/3 FROM ROOT BALL PLANT SHALL BE TRANSPLANTED PREPARE SOIL IN THE ENTIRE FOR CONTAINER-GROWN SHRUBS, USE FINGER 3. PLANTING DEPTH SHALL BE THE SAME AS GROWN IN NURSERY. AT THE SAME GRADE AS IT BORE BED USING PROCEDURES OR SMALL HAND TOOLS TO PULL THE ROOTS OUTLINED IN SOIL CHART OUT OF THE OUTER LAYER OF POTTING SOIL; 4. THOUROUGHLY SOAK THE TREE ROOT BALL AND ADJACENT PREPARED SOIL SEVERAL TIMES DURING THE IN THE NURSERY PLOT PRIOR TO BALLING AND BURLAPPING. THEN CUT OR PULL APART ANY ROOTS THAT FIRST MONTH AFTER PLANTING AND REGULARLY THROUGHOUT THE FOLLOWING TWO SUMMERS. CUT AND REMOVE BURLAP FROM CIRCLE THE PERIMETER OF THE CONTAINER. 5. THE BOTTOM OF PLANTING PIT EXCAVATIONS SHOULD BE ROUGH TO AVOID MATTING OF SOIL LAYERS TOP ONE-THIRD OF ROOT BALL AS NEW SOIL IS ADDED. IT IS PREFERABLE TO TILL THE FIRST LIFT (2 TO 3 IN.) OF PLANTING SOIL AS SHOWN. 3" DOUBLE-SHREDDED HARDWOOD BARK MULCH INTO THE SUBSOIL. (DO NOT PUT MULCH AGAINST THE BASE AVOID PURCHASING TREES WITH OF THE PLANT). HAND-FORMED SAUCER. TWO LEADERS DO NOT CUT CENTRAL LEADER CUT AND REMOVE BROKEN BRANCHES 'TREE STRAP' or 'ARBOR TIE' CUT & REMOVE DAMAGED BRANCHES WEATHER RESISTANT WEBBING 900 LB TENSILE STRENGTH 12" min WHITE IN COLOR FOR TREE GUYING EQUALLY SPACED FOLD BURLAP AWAY FROM TOP PLANTING MIX: FINISHED GRADE AROUND TREE 1/3 OF ROOT BALL 1 PART HUMUS 3 PARTS TOPSOIL SET ROOT BALL FLUSH TO GRADE OR PLACE SHRUB ON SEVERAL INCHES HIGHER IN POORLY FIRM SOIL IN PREPARED SOIL FOR TREES PLANTING MIXTURE WILL BOTTOM OF HOLE. 1 PART HUMUS DRAINING SOILS. CHANGE WITH SOIL CONDITIONS. 3 PARTS TOPSOIL 4" BUILT-UP EARTH SAUCER UNDISTURBED 3" DOUBLE-SHREDDED HARDWOOD SUBGRADE 2"x2" WOODEN STAKE BARK MULCH (DO NOT PLACE MULCH BEFORE PLANTING, ADD 3 TO 4" DRIVEN SECURELY INTO OF WELL-COMPOSTED LEAVES AND SOIL (3) PER TREE IN CONTACT WITH TREE TRUNK) RECYCLED YARD WASTE TO BED AND OVER 3" CAL. (2) PER BEFORE PLANTING ADD 3 TO 4" TILL INTO TOP 6" OF PREPARED SOIL. 24" MINIMUM SOIL SURFACE ROUGHENED TREE UNDER 3" CAL. OF WELL-COMPOSTED LEAVES TO BIND WITH NEW SOIL. OR RECYCLED YARD WASTE TO NOTE: REFERENCE: ARCHITECTURAL GRAPHIC STANDARDS 1998 CUMULATIVE SUPPLEMENT. BED AND TILL INTO TOP 6" OF PREPARED SOIL. Apply approved pre-emergent weed control on all shrub beds prior to mulching. 6" DEEPER THAN ROOT BALL

DIG WIDE, SHALLOW HOLE CUT BANDS OF WIRE BASKET AND WITH TAMPED SIDES ( 2 times the ball diameter) FOLD AWAY FROM TOP OF ROOT BALL TAMP SOIL SOLIDLY AROUND BASE OF ROOT BALL SET ROOT BALL ON FIRM PAD IN BOTTOM OF HOLE

1. PLANT MATERIAL SHALL BE FURNISHED AND INSTALLED AS INDICATED INCLUDING ALL LABOR, MATERIALS, PLANTS, EQUIPMENT, INCIDENTIAL AND CLEAN UP. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PLANTING AT CORRECT GRADES AND ALIGNMENTS. 3. PLANTS SHALL BE TYPICAL OF THEIR SPECIES AND VARIETY; HAVE NORMAL GROWTH HABITS; WELL DEVELOPED BRANCHES, DENSLY FOLIATED; VIGOROUS ROOT SYSTEMS, AND BE FREE FROM DEFECTS AND INJURIES. NOTE: In the event that there is a discrepancy between the quantity of plant material on the Plan Drawing 4. CONTRACTOR SHALL REPORT ANY SOIL OR DRAINAGE CONDITIONS CON- SIDERED DETRIMENTAL TO THE GROWTH OF THE PLANT LIST and the quantity in the Plant List, the quantity of plant material on the plan drawing shall govern. PLANT MATERIAL. 5. ALL PLANT MATERIAL SHALL BE GUARANTEED BY THE CONTRACTOR TO BE IN VIGOROUS GROWING CONDITION. ALL NEW KEY BOTANIC NAME COMMON NAME QUANTITY SIZE REMARKS TREES AND SHRUBS SHALL BE GUARANTEED TO SURVIVE FOR ONE FULL YEAR AFTER INSTALLATION (FULL COST). ALL REPLACEMENT PLANTS WILL HAVE AN ADDITIONAL 1 YEAR GUARANTEE. REPLACEMENT SHALL BE MADE AT THE BEGINNING OF THE FIRST SUCCEEDING PLANTING SEASON. ALL STAKES AND GUYS SHALL BE REMOVED FROM TREES AND SITE AT THE END 18-24" Container Full Heavy Vigorous AG Abelia grandiflora 'Rose Creek' Rose Creek Abelia 60 OF THE GUARANTEE PERIOD. AR Acer rubrum 'Red Sunset' Red Sunset Maple 4 2" Cal. B&B Full Heavy Vigorous 6. IN SO FAR AS IT IS PRACTICABLE, PLANT MATERIALS SHALL BE PLANTED ON THE DAY OF DELIVERY. IN THE EVENT THIS IS CV Crataegus viridis 'Winter King' Winter King Hawthorn 6 1.5/2" Cal.(12') B&B Full Heavy Vigorous NOT POSSIBLE, THE CONTRACTIOR SHALL PROTECT STOCK NOT PLANTED. PLANTS SHALL NOT REMAIN UNPLANTED FOR LONGER THAN A THREE (3) DAY PERIOD AFTER DELIVERY. 81 Container IG Ilex glabra 'Shamrock' Shamrock Holly 18-24" Full Heavy Vigorous 7. QUALITY AND SIZE OF PLANTS, SPREAD OF ROOTS, AND SIZE OF ROOT BALLS SHALL BE IN ACCORDANCE WITH ANSI 280 IO Ilex opaca 'Jersey Princess' Jersey Princess American Holly 8 5-6' B&B Full Heavy Vigorous (LATEST REVISION) "AMERICAN STANDARD FOR NURSERY STOCK" AS ANSI Z60.1. JV Juniperus virginiana Red Cedar 5 5/6' B&B Full Heavy Vigorous 8. ALL PLANTS SHALL BE PLANTED IN TOPSOIL THAT IS THOROUGHLY WATERED AND TAMPED AS BACKFILLING PROGRESSES. NOTHING BUT SUITABLE TOP- SOIL; FREE OF SOD, STIFF CLAY, LITTER, ETC., SHALL BE USED FOR PLANTING. LI Lagerstromia indica'Tuskarora' Tuskarora Crepe Myrtle 14 5/6' B&B Full Heavy Vigorous 9. PLANTING OPERATIONS SHALL BE PERFORMED DURING PERIODS WITHIN THE PLANTING SEASON WHEN THE WEATHER AND LM Liriope muscari 'Big Blue' Big Blue Liriope 142 1 qt Container Full Heavy Vigorous SOIL CONDITIONS ARE SUITABLE AND IN ACCORDANCE WITH THE ACCEPTED LOCAL PRACTICE. 10. SET ALL PLANTS PLUMB AND STRAIGHT. SET AT SUCH A LEVEL THAT AFTER SETTLEMENT, A NORMAL OR NATURAL ND Nandina domestica 'Firepower' Firepower Nandina 56 15/18" B&B Full Heavy Vigorous RELATIONSHIP TO THE CROWN OF THE PLANT WITH THE GROUND SURFACE WILL BE ESTABLISHED. LOCATE PLANT IN THE QP Quercus phellos Willow Oak 11 2" cal. B&B Full Heavy Vigorous CENTER OF THE PIT. ZS Zelkova serrata Zelkova 4 2" cal. B&B Full Heavy Vigorous 11. EACH TREE AND SHRUB SHALL BE PRUNED IN ACCORDANCE WITH STANDARD HORTICULTURAL PRACTICE TO PRESERVE THE NATURAL CHARACTER OF THE PLANT. PRUNING SHALL BE DONE WITH CLEAN, SHARP TOOLS. CUTS OVER 3/4 INCHES IN DIAMETER SHALL BE PAINTED WITH A SUITABLE TREE PAINT. 12. LANDSCAPING CONTRACTOR SHALL VERIFY ALL LOCATIONS OF ALL UTILITIES PRIOR TO PLACEMENT OF LANDSCAPE MATERIAL. CONTRACTOR SHALL NOT PLACE LANDSCAPING MATERIAL ATOP ANY STORMWATER OR UTILITY STRUCTURE. 13. WHEN A PLANT OF SPECIFIED KIND OR SIZE IS NOT READILY AVAILABLE OR COMPATABILE WITH THE TIME OF PLANTING, SUBSTITUTION MAY BE MADE OF EQUAL CHARACTER AND SIZE UPON REVIEW APPROVAL OF THE OWNER THE LANDSCAPE ARCHITECT AND THE CITY OF DOVER PLANNING DEPARTMENT. 14. ALL PLANT BEDS AND SHRUB MASSES ILLUSTRATED SHALL BE MULCHED WITH A MINIMUM OF THREE (3) INCHES OF CLEAN MULCH OVER ALL AREAS. 15. BEFORE MULCH IS INSTALLED, APPLY PRE-EMERGENCE WEED KILLER AND INCORPORATE INTO SOIL ACCORDING TO MANUFACTURERS DIRECTIONS. 16. ALL SURFACES TO RECEIVE MULCH SHALL BE RAKED, SMOOTH AND FREE OF ALL ROCKS AND DEBRIS OR LARGE PIECES OF BARK. MULCH SHALL NOT BE MOUNDED AROUND BASE OF TREE PLANTINGS. 17. NO LANDSCAPE PLANTING INCLUDING TREES & SHRUBS ARE PERMITTED WITHIN TEN (10') FEET OF SANITARY FACILITIES, INCLUDING SANITARY LATERALS. 18. THE CONTRACTOR IS EXPECTED TO MAINTAIN PLANTINGS INCLUDING WATERING ALL PLANTS ANYTIME FROM APRIL 1ST TO DECEMBER. WHEN NATURAL RAINFALL IS LESS THAN 1" PER WEEK UNTIL ACCEPTANCE BY OWNER. AT THAT TIME OWNER WILL BE RESPONSIBLE FOR CONTINUING WATERING SCHEDULE AS RECOMMENDED ABOVE. 19. NO TREE SHALL BE PLANTED WITHIN TEN FEET (10') OF UNDERGROUND UTILITIES OR ANY FIRE HYDRANT. 20. THE PURPOSE OF THIS PLAN IS TO MEET THE REQUIREMENTS OF THE CITY OF MILFORD'S LANDSCAPE ORDINANCE. THE PLAN DOES NOT INCLUDE SPECIFICATIONS FOR DRAINAGE, SOIL PREPARATION AND PLANT QUALITY WHICH ARE NECESSARY TO ENSURE SUCCESSFUL INSTALLATION. WITHOUT THESE SPECIFICATIONS, THE LANDSCAPE ARCHITECT SHALL NOT BE RESPONSIBLE FOR THE RESULTS OF IMPLEMENTING THIS PLAN. THE DEVELOPER OR OWNER IS ADVISED TO CONTACT THE LANDSCAPE ARCHITECT TO PROVIDE THESE SPECIFICATIONS.

Crown center of Island Crown center of Island 6" above top of curb 6" above top of curb Installation Sod / Seed 3" depth after settlement Double-shredded Hardwood Mulch 1. Chisel plow subsoil prior to backfilling with subsoil. 1" top of Soil 6" min. depth Apply pre-emergent herbicide per 1" top of Mulch 2. Verify that paving base course has been removed before placing topsoil. Curb to Top of Curb Topsoil Manufacturer's directions. to Top of Curb Curb Notify General Contractor in writing if not done before planting. LANDSCAPE by others 12" min. depth by others ARCHITECTURAL Adjacent paving Subsoil Topsoil Adjacent paving by others by others SERVICES, L.L.C. Topsoil Specifications LAND, SITE & PARK PLANNING WETLANDS SCIENCES

Matthew T. Spong, R.L.A., A.S.L.A. P.O. Box 293 Dover, Delaware 19903 Topsoil shall be Sandy Loam per USDA Soil Classification Trisha Sawicki, A.S.L.A. Phone: 302-284-4578 Fax: 302-284-0301 Subsoil % of material passing #10 seive: Email: [email protected] Web: las-llc.net Sand 77.5% Silt 10.5% Clay 12.0% Organic Content 5% dry weight Soluable Salts less than 500 ppm pH 5.5 - 6.0 1 Weed free and free from extraneous matter greater than 1 2" diameter. THE PLAZA AT MILFORD

·

STATE OF DELAWARE EXECUTIVE DEPARTMENT OFFICE OF STATE PLANNING COORDINATION

December 23, 2015

Mr. Rob Pierce City of Milford 201 Walnut Street Milford, DE 19963

RE: PLUS review 2015-11-01, City of Milford Comprehensive Plan Amendment

Dear Rob,

Thank you for meeting with State agency planers on November 25, 2015 to discuss the proposed comprehensive Plan Amendments for the City of Milford. The amendment changes the Future Land Use designation of certain parcels along the east side of Route 1 within the Southeast Neighborhood Master Plan.

Recommendations: Our office strongly recommends that the Town consider these recommendations from the various State agencies as you review your plan for final approval.

This office has received the following comments from State agencies:

Office of State Planning Coordination – Contact David Edgell 739-3090 This proposal is represents an amendment to the Southeast Neighborhood Master Plan. The SE Neighborhood Master Plan was the result of a broad and inclusive planning process that took over three years to complete. The process was unique in that the City and various State agencies, including the OSPC, DelDOT, DNREC and the DDA, entered into a partnership to create the Master Plan. An extensive public participation element was a part of the process, with local residents and property owners actively giving input and responding to various model land use scenarios. In the end, the entities prepared plan elements based upon their areas of expertise and the plan was ultimately adopted by the City of Milford. To demonstrate the agencies continued commitment to implement the Master Plan, the Cabinet Secretaries and Directors of the OSPC, DDA, DNREC, and DelDOT signed an agreement along with Milford’s Mayor. With this as background, it is our recommendation that the City reconvene the parties to the Master Plan to more thoroughly evaluate this proposed land use change. This is a significant

122 Martin 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 2015-11-01 Page 2 of 5

deviation from the land use concept proposed in the Master Plan, and a change such as this could have impacts on other plan elements including transportation, environmental protection, agricultural preservation and the proposed TDR program. It is also highly recommended that the public be fully engaged and consulted about this proposed Master Plan amendment. The OSPC will fully participate, and will work with the relevant State Agencies to coordinate their activities and participation in this process. Here are some initial thoughts about the proposed land use change:

• Some of these parcels (probably all except 3-30-11.00-56.00) were considered for commercial use during the initial phases of the Master Plan. Commercial use for these parcels was not ultimately recommended due to difficulty gaining road access and the proximity to low density residential uses. It was also decided to place a higher density “TDR Receiving Area” in this location. The location is important due to the link to the proposed public transportation network (transit loop) and the need to include a higher density “node” with capacity to absorb TDR credits. • The access issues were discussed at a meeting with DelDOT on July 29, 2015. At that meeting DelDOT reviewed a number of legal and technical impediments to gaining commercial access in this location. These issues will have to be addressed and resolved through the Master Planning Process. Finally, it will be important for the City of Milford to address the Master Plan amendment and the overall Comprehensive Plan update in a methodical fashion. This is the third plan amendment proposed and reviewed through PLUS since May of 2015. Comprehensive Plans and Master Plans are long range planning documents, and should not be amended on a regular basis or in a piecemeal fashion. It is recommended that the City of Milford work on an overall schedule to complete the update to the comprehensive plan and the Master Plan that avoids incremental and piecemeal amendments. In this way, predictability will be ensured while also allowing for due process through the participation in the update cycles.

Department of Transportation – Contact: Bill Brockenbrough 760-2109 • DelDOT has no regulations that directly affect the City with regard to the proposed amendment. However, DelDOT does have regulations that bear on how the subject lands can be accessed and that access may influence the City’s consideration of the proposed amendment.

Section 1.2 of DelDOT’s Development Coordination Manual contains the policy with regard to entrance location (Section 1.2.1) and deeded access rights (Section 1.2.2). In accordance with these sections, the subject lands can be accessed as follows. The Mr. Wiggles property (Tax Parcel No. 3-30-11.00-56.00) can obtain access only on Bucks Road (a.k.a. Beaver Dam Road, Sussex Road 210). The Thawley property (collectively Tax Parcel Nos. 70.00, 70.02, 70.03, 70.05, 70.06 and 70.07) has access at a single point on Delaware Route 1 for the purpose of maintaining the existing farm on Parcels 70.00, PLUS review 2015-11-01 Page 3 of 5

70.02 and 70.03 and one house each on Parcels 70.00, 70.05, 70.06 and 70.07. The Thawley property also has access for the same purposes at the south end of Thawley Lane in Knollac Acres. Parcel 70.03 could obtain access for commercial purposes on Cedar Neck Road (Sussex Road 206) although DelDOT acknowledges that a bridge approach may limit what can be built along the frontage of the Thawley Property on Cedar Neck Road.

Delaware Code Title 17, Section 145, authorizes DelDOT to develop and maintain a Corridor Capacity Preservation Program (CCPP) by which DelDOT manages access along high-volume roads included in that program for the purpose of maintaining the flow of through traffic. Delaware Route 1, from Dover Air Force Base to Nassau, is in the CCPP. Therefore, because the subject lands have other access as discussed above, DelDOT will not permit these lands to have commercial access on Route 1.

While DelDOT respects the City’s right to designate future land uses and zoning as it sees fit, we suggest that there may be other locations in the city better suited for highway commercial development. As mentioned above, some limited commercial access to Tax Parcel No. 70.03 is possible on Cedar Neck Road. However, the assembled parcels would total about 118 acres and access suitable for serving this much commercial development on the Thawley property is only possible on Bucks Road, about 1.2 miles from the Route 1 interchange at Delaware Route 30 and about 1.7 miles from the Route 1 interchange at Delaware Route 36. While the subject parcels are visible from Route 1, in DelDOT’s experience most highway commercial uses want more direct access.

The Department of Natural Resources and Environmental Control – Contact: Kevin Coyle 739-9071

With the exception of new comments on sea level rise, the comments that DNREC submitted in March 2011 on the Milford SE Planning Area are still valid.

Sea Level Rise. • Portions of the City of Milford and its surroundings will be subject to direct and permanent inundation from sea level rise (http://www.dnrec.delaware.gov/Pages/SLRMaps.aspx ). Sea levels in Delaware have risen by about a foot over the past century (NOAA, 2014). This rate of sea level rise is likely to accelerate in the coming decades as a result of global climate change and local subsidence. Accelerated sea level rise will result in permanent flooding of low-lying coastal areas, increased risk of flood damage during storms and increased frequency of nuisance flooding (DNREC, 2012).

Recommendations:

1. The City should consider additional land use controls for the areas subject to 1.5 meter of sea level rise. PLUS review 2015-11-01 Page 4 of 5

2. To reduce the costs of providing infrastructure the City should consider not permitting roads, sewer or water to be extended into areas subject to 1.5 meter of sea level rise. 3. The City should consider avoiding new structures within a mapped Sea Level Rise Area. Where such development cannot be avoided, new structures should be built with an additional 18 inches of freeboard to protect the health, safety and general welfare of people occupying and using the structures. 4. If you would like any additional information please contact Delaware Coastal Programs at (302) 739-9283.

References:

NOAA (National Oceanic and Atmospheric Administration). (2014). Mean Sea Level Trend, Lewes, DE. Retrieved from http://tidesandcurrents.noaa.gov/sltrends/sltrends_station.shtml?stnid=8557380.

DNREC Delaware Coastal Programs. (2012). Preparing for Tomorrow’s High Tide: Sea Level Rise Vulnerability Assessment for the State of Delaware. Dover, DE: Department of Natural Resources and Environmental Control. Retrieved from http://de.gov/slrva.

State Historic Preservation Office – Contact: Terence Burns 7367404

There is an existing 19th-c. agricultural complex (S03743) on one of the parcels proposed for commercial rezoning. This complex is not eligible for the National Register of Historic Places. However, documentary research done in this area notes the presence of the Hill Family Cemetery on the parcel to the north of this complex. The exact location is not known. Abandoned and unmarked family cemeteries are common on farms in Delaware. Disturbing unmarked burials triggers Delaware’s Unmarked Human Burials and Human Skeletal Remains Law of 1987 (7 Del. Code Ch. 54). Such discoveries can result in substantial delays while the procedures required under this law are carried out. DHCA recommends that owners and/or developers have a qualified archaeological consultant investigate their project area for the presence of such a cemetery. If one is discovered and delineated, it is very costly to have it archaeologically excavated and the burials moved. DHCA recommends that in the event of such a discovery, the plans be redrawn to leave the cemetery on its own parcel or in the open space area of the development, with the responsibility for its maintenance lying with a homeowners association or development owner. (For further information, see http://history.delaware.gov/preservation/umhr.shtml and http://history.delaware.gov/preservation/cemeteries.shtml)

PLUS review 2015-11-01 Page 5 of 5

Please note that changes to the plan, could result in additional comments from the State. Additionally, the lack of comments reflect only issues that are the responsibility of the agencies represented at the meeting.

Once a decision has been reached on this proposed comprehensive plan amendment, please forward a copy of the plan amendment to the Office of State Planning Coordination for our records. The plan amendment must include a revised version of any maps that were updated as well as any text that was approved in amending the comprehensive plan.

Thank you for the opportunity to review this Comprehensive Plan amendment. If you have any questions, please contact me at 302-739-3090.

Sincerely,

Constance C. Holland, AICP Director, Office of State Planning Coordination

CITY HALL 201 SOUTH WALNUT STREET 302.424.3712, FAX 302.424.3558 MILFORD, DE 19963 www.cityofmilford.com

MEMO

TO: Planning Commission

FR: Rob Pierce Planning & Economic Activities Coordinator

DA: 01.29.16

RE: February Monthly Update

Since January 1, 2016 the following land use applications have been reviewed by City Council: First State Manufacturing minor subdivision: Planning Commission Approval on 12/15/15; City Council Approval on 01/25/16.

City of Milford minor subdivision: Planning Commission Approval on 12/15/15; City Council Approval on 01/25/16.

Milford School District minor subdivision: Planning Commission Approval on 12/15/15; City Council Approval on 01/25/16.

Crop Production Services change of zone: Planning Commission Approval on 12/15/15; City Council Approval on 01/25/16.

M&T Bank minor subdivision: Planning Commission Approval on 12/15/15; City Council Approval on 01/25/16.

Mispillion Realty annexation: Planning Commission Approval on 01/19/16; City Council Approval on 01/25/16.

Amendment to Chapter 230, Zoning, Site Plan Review Procedures: Planning Commission Approval on 01/19/16; City Council Approval on 1/25/16

Bayhealth-Status Update

If you have any questions, please feel free to contact me.

Thank you.