REQUEST FOR PROPOSAL

REQUEST FOR PROPOSAL

FORMER DUPONT BEECH STREET SITE Request for Proposals for development of 13.34+ acres of land currently owned by the Delaware Department of Transportation bounded by Maryland Avenue and bisected by Beech Street. The site is located within the Riverfront Wilmington Redevelopment Area and is convenient to the Christina River in Wilmington, Delaware and immediately adjacent to I- 95.

TABLE OF CONTENTS

I. RIVERFRONT WILMINGTON BACKGROUND ........................................................................... 1

II. STATEMENT OF PURPOSE ........................................................................................................... 4

III. SITE INFORMATION ..................................................................................................................... 5

IV. DEVELOPMENT CRITERIA ......................................................................................................... 5

V. DEVELOPMENT OBLIGATIONS .................................................................................................. 5

VI. REQUIRED INFORMATION ......................................................................................................... 6

VII. SELECTION CRITERIA................................................................................................................ 7

VIII. OWNERS’ & AGENTS’ RIGHTS REGARDING THE RFP ...................................................... 8

IX. CONFIDENTIALITY ...................................................................................................................... 8

X. DISADVANTAGED BUSINESS ENTERPRISES .......................................................................... 8

XII. ANTICIPATED PROJECT SCHEDULE....................................................................................... 9

XIII. NUMBER OF COPIES.................................................................................................................. 9

XIV. PERIOD OF ACCEPTANCE........................................................................................................ 9

XV. ADDITIONAL INFORMATION................................................................................................. 10

EXHIBIT 1 – PROPERTY PHOTOGRAPHS..................................................................................... 11

EXHIBIT 2 – VICINITY MAP ............................................................................................................ 13

EXHIBIT 3 – SITE PLAN.................................................................................................................... 14

EXHIBIT 4 – FOOTPRINTS OF EXISTING BUILDINGS ............................................................... 15

EXHIBIT 5 – FLOOR PLANS FOR BUILDING 2............................................................................. 16

EXHIBIT 6 – FLOOR PLANS FOR BUILDING 8............................................................................. 19

EXHIBIT 7 – FLOOR PLANS FOR BUILDING 12........................................................................... 22

EXHIBIT 8 – FLOOR PLANS FOR BUILDING 16........................................................................... 24

EXHIBIT 9 – ZONING MAP............................................................................................................... 27

EXHIBIT 10 – ZONING DEFINITION – M-2 DISTRICT................................................................. 28

EXHIBIT 11 – DEED........................................................................................................................... 33

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I. RIVERFRONT WILMINGTON BACKGROUND Riverfront Wilmington is one of the most exciting redevelopment story’s in the nation. Located halfway between New York City and Washington D.C., Wilmington is an up-and-coming cosmopolitan city that is attracting major employers, restaurants, entrepreneurial ventures and exciting residential developments. A significant part of this success story is the Christina Riverfront, which has been transformed from a dilapidated, industrial wasteland into a thriving destination rich in history and filled with recreational, cultural, retail and culinary attractions. Since 1996, when the Riverfront Development Corporation of Delaware launched a major effort led by the state to restore the area’s economic vitality, Riverfront Wilmington has emerged as hot property for real estate development of all kinds. Run-down warehouses have been replaced with restaurants, shops, and a regional conference facility. Vacant historic buildings have been preserved and restored to serve as corporate headquarters for major employers. A shoreline once strewn with litter and debris is now lush with extensive native plantings. Crumbling parking lots have been converted into parkland and spacious gathering areas for concerts, festivals and community celebrations. Every acre of the redevelopment area has undergone environmental improvements to accommodate revitalization efforts, enhance the landscape and restore the ecology. A scenic Riverwalk and new roadways are providing access to the once-hidden beauty of this meandering waterway. Companies that took a chance on the Riverfront in its infancy are now seeking additional property to expand office space for their growing operations. Several restaurants have opened to rave reviews and long lines as patrons wait for tables with a waterfront view and the first residential development on the river was sold out prior to groundbreaking. Riverfront Wilmington offers all the desirable amenities of an urban setting combined with the quality-of-life benefits of a suburban office park. Companies are choosing to locate on the Riverfront for many reasons, including:

• The close proximity to transportation, with convenient access to Interstate-95 and the Amtrak train station located within one mile of all Riverfront locations, and the Philadelphia International Airport less than a half-hour away.

• A population density that supports retail establishments as well as workforce requirements, with more than 6,500,000 people residing within a 50-mile radius.

• Convenient amenities for employees, including numerous restaurants, shops and cultural attractions within easy walking distance.

• Safe and clean environment, featuring roving security ambassadors and maintenance patrols funded through assessments of the Riverfront Wilmington Business Improvement District.

• Delaware area transit trolley-buses providing shuttle service to various Riverfront attractions for up to 28 passengers.

• Abundant parking. • Plus all the excitement that accompanies a young and energetic workforce, the spirit of

entrepreneurialism, and the pure enjoyment of living and working along a scenic riverfront.

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From 1996 through 2006, the State of Delaware provided more than $200 million in funding to the Riverfront Development Corporation of Delaware for the revitalization of the Christina Riverfront. The City of Wilmington, New Castle County and the Christina Gateway Corporation have provided a combined total of $16 million in funding. Through December 2003, public funding of the Riverfront Wilmington initiative had reached $97.6 million. Over the initial 10-year period of the redevelopment project, private investment totaled over $250 million, virtually matching public funding dollar-for-dollar. By 2007, the figure for privately funded projects is expected to double.

Completed projects include:

• Judy Johnson Field at Daniel S. Frawley Stadium, home of the Wilmington Blue Rocks, a Carolina League Class A affiliate of the Kansas City Royals, with an annual attendance of over 330,000 spectators (Frawley Stadium was built 1993, two years prior to the creation of the RDC).

• ING DIRECT, one of the world’s leading financial services organizations, which employs more than 260 people at its Riverfront location. The restored B&O Passenger Station and Pennsylvania Building, both designed by world-renowned architect Frank Furness, are part of the ING office complex.

• Barclays, formerly Juniper Bank, a new financial services venture, is housed in the former Gates building and employs 300 people. That number will increase to 1,100 when they occupy their new 260,000+ square foot building in April of 2007.

• The Amtrak Consolidated National Operations Center, which employs approximately 320 people to coordinate train movements throughout the country.

• The Chase Center on the Riverfront, which is one of the area’s premier special event facilities for corporate meetings, conferences, tradeshows, weddings and other events. The Chase Center’s 125,000+ square foot, multi-functional space hosts over 350 community/corporate events per year.

• The Shipyard Shops outlet center, with 200,000+ square feet of retail space occupied by noted catalog retailers such as L.L. Bean, Coldwater Creek, Nautica and Blair along with two dining establishments.

• The Kalmar Nyckel, a replica of the tall ship that brought Swedish settlers to Wilmington in 1638.

• Tubman-Garrett Riverfront Park, a 2.4-acre park that hosts a variety of public events. • Dravo Plaza, a tribute to Wilmington’s shipbuilding history. • The Riverwalk, a 1.3-mile waterfront path that provides scenic, pedestrian access to Riverfront

attractions from Tubman-Garrett Riverfront Park to the Shipyard Shops. • The River Taxi, offering shuttle service and excursions to Riverfront destinations. • Christina Landing Townhomes, 63 new townhomes on the South Bank of the Christina River. • The Residences at Christina Landing, an 85 unit market rate rental apartment building. • Delaware Center for the Contemporary Arts, featuring seven galleries, 26 artist-in-residence

studios, a cyber café and a 100-seat auditorium for concerts, lectures and video screenings. • The Riverfront Parking Deck, a two and a half-level, 400 space, safe parking garage designed

to support Amtrak Station traffic and agree with the historic architecture of the Riverfront area.

• Riverfront Market, where vendors sell fresh produce, meats, seafood, baked goods, flowers, coffee, pasta, sushi, Thai foods, and more in a restored historic warehouse.

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• Six restaurants, including Iron Hill Brewery and Harry’s Seafood Grill, which both opened in 2004.

• AAA Mid-Atlantic Corporate Headquarters, which moved from Center City Philadelphia to establish its new home at Riverfront Wilmington. The 157,000 square foot, six-story building employs 375 people.

• Russell W. Peterson Urban Wildlife Refuge, a project that will restore 225-acres of urban tidal freshwater marsh, with plans for a visitor’s center, education programs and elevated observation walkways. Restoration was completed in June 2005.

• Corporate headquarters for the Buccini/Pollin Group, a locally owned real estate development company.

• A four-story, 60,000+ square foot restored building with Class A office space overlooking Frawley Stadium, one of the most frequently attended minor league baseball parks in the country.

Business Friendly

Delaware has the third lowest tax burden in the country according to the Tax Foundation. In fact, CFO Magazine ranked Delaware as having the best tax environment for corporate location in the nation, and Forbes Magazine ranked Delaware in the top 8 for best states to do business. Riverfront Wilmington benefits from this favorable environment as well as a strong spirit of cooperation between the State of Delaware and City of Wilmington, which both offer an array of economic incentives.

The Delaware Economic Development Office (DEDO) provides customized real estate, human resources and financial assistance. Delaware has no state or local general sales tax, no personal property taxes and no inventory taxes. Our real property taxes are among the lowest in the country. The state offers “Brownfield” grants to businesses developing property along the Riverfront. Several tax abatement programs are also available through the City of Wilmington. The City offers five-year abatements of the employer’s head tax for businesses new to the City, real estate taxes on new construction, and real estate taxes on qualified property improvements. The Riverfront is one of the city’s targeted areas where businesses can receive an extended period of Real Estate Tax abatements of up to five additional years for commercial project investments and up to ten additional years for residential project investments (singlefamily or multi-family).

Employees will further benefit from Wilmington’s affordability. The cost of living is considerably lower than other urban areas of the northeast, and housing prices are among the lowest in the region. Personal transportation costs are minimal as well. Even the “long” commutes from neighborhoods outside of Wilmington are less than 30 minutes’ drive. The following are some indicators of local economic conditions: • More than 2,000 new jobs have been created by employers located in the Riverfront

Wilmington redevelopment area. • Nearly 33,000 people are employed in the City of Wilmington. • The entire workforce for New Castle County is 266,860.

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• An average of 89,000 cars drive past the site on I-95 every day. • Over 2,200,000 people live within a 25-mile radius of Riverfront Wilmington; 6,500,000

people live within a 50-mile radius. • Wilmington’s Amtrak Station is the 11th busiest train station in the country. More than

700,000 people travel on Amtrak and another 350,000 take SEPTA through Wilmington each year.

• The greater Wilmington area hosts more than 5 million visitors annually.

II. STATEMENT OF PURPOSE The Riverfront Development Corporation of Delaware (RDC) acting on behalf of the Delaware Department of Transportation (DelDOT) and in cooperation with the City of Wilmington is requesting proposals from qualified developers to develop a parcel of land located along Maryland Avenue and bisected by Beech Street in the City of Wilmington, New Castle County, Delaware. More specifically, the site consists of two parcels containing an aggregate total of 13.34+ acres of land zoned M-2 and located at the intersection of Maryland Avenue and Beech Street. The site was acquired by the State of Delaware in June, 2006 to house their Delaware Transit Corporation (DTC) and other DelDOT support facilities. The buildings of primary interest are located on Parcel “A”. One of the buildings (Building #16) was recently renovated and updated and consists of a three-story, 100,000+ square foot structure where DTC occupies the first floor. The second and third floors combined contain 63,000+ square feet. A separate building located along Maryland Avenue contains 56,000+ square feet and is more fully described in the attached exhibits. This RFP seeks development compatible with the surrounding residential community and not necessarily consistent with the site’s current M-2 zoning. It should be noted that the RDC may seek a rezoning of Parcel B (see Exhibit 1) from the current M-2 zoning to the W-2 zoning classification. The development should support and be compatible with the recent development and redevelopment activity taking place along the Christina Riverfront as well as proposed redevelopment within the adjacent neighborhood. Any proposed development should have the strength to revitalize and stimulate the quality of life in the adjacent neighborhoods, the Riverfront area, and the central business district. Deed restrictions will limit the use and heavy industrial will be ruled out. Uses which promote new employment and new businesses would be viewed positively. The proposals may include purchases of the parcels individually, subdivision of the existing parcels, or purchase of the entirety. Any consideration should take into account a long-term occupancy for the Delaware Transit Corporation (DTC) on at least the first floor of Building #16 (the reader is referred to Exhibit 8, which depicts the floor plans for Building 16). DTC, for its occupancy, will pay ONLY its pro-rata share of operating expenses. The Delaware Economic Development Office (DEDO) of the State of Delaware also intends to utilize up to a 20,000+ square foot portion of the buildings known as the Engineering Lab Buildings (#’s 2, 8, and 12) along Maryland Avenue for emerging growth companies seeking incubator space. DEDO will also pay ONLY its pro-rata share of operating expense as its occupancy costs.

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III. SITE INFORMATION The subject property is generally located at the corner of Maryland Avenue and Beech Street. The total acreage is 13.34+ acres divided among two (2) parcels. These parcels are more particularly described as follows: Parcel A – 9.73+ acres bounded by Maryland Avenue, South Street, and Beech Street as

shown on Exhibits 3 and 4. The site is improved with a three-story, 100,000+ square foot office building (Building 16), three attached multi-level structures totaling 57,600+ square feet, and 13,000+ square feet of loading and mechanical buildings. Parcel A contains the central boiler system that a new owner should anticipate replacing with package systems for each building.

Parcel B - Consists of 3.61+ acres bounded by Beech Street, Anchorage Street, and the Browntown Truck Route. This site contains 38,600+ square feet of office and R&D buildings, 9,000+ square feet of warehouse area and a 9,600+ square foot modern steel warehouse building.

The site is easily accessible to Interstates 95 and 495, which connect the City of Wilmington to the entire Northeast region. The site was part of an environmental remediation between the former owner and DNREC. The site is subject to certain environmental covenants, deed restrictions, and Operations and Maintenance Plans which are available for review at DNREC. IV. DEVELOPMENT CRITERIA This RFP seeks a proposal that will cause significant immediate private development to occur in the project area. The developer may submit a proposal for all or part of the subject property but a proposal for the entire developable area is preferred. The total project may be developed in phases, but a single phase development is preferred. The owners also prefer that the entire development be scheduled for completion within two (2) years from the award of the contract. An entire project time line should be included with the proposal.

V. DEVELOPMENT OBLIGATIONS Developer: 1) Proposals must include the following development elements:

a. Design d. Marketing b. Financing e. Leasing c. Construction f. Management

2) Developer must be able to complete all development phases within a time frame agreeable to the owners.

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3) Developer must secure development commitments by means of acceptable performance bond(s) or a good faith deposit.

4) Developer shall purchase, lease, or lease purchase all necessary land at a value and under terms

acceptable to the owners. Owners: 1) The site is subject to certain environmental covenants, deed restrictions, and Operations and

Maintenance Plans available for review at DNREC located at 391 Lukens Drive in New Castle and at the Riverfront Development Corporation offices located at 800 South Madison Street in the City of Wilmington. New owners may be responsible for environmental cleanup, if needed, on the site as required by new development use and consistent with a Department of Natural Resources and Environmental Control (DNREC) approved remedial plan subject to agreement between the parties. Respondents may review these reports and restrictions at the RDC in preparing bids.

2) The owners will deliver the site to the developer in fee with good marketable title, free and clear

of all liens and encumbrances. VI. REQUIRED INFORMATION The Developer shall submit fifteen (15) copies of the Proposal. Receipt of insufficient copies of the Proposal and non-compliance with providing the requested information in the desired format may result in elimination from the overall shortlist and selection process. The Proposal submission shall include the following and provide a table of contents indicating where the required information is located in the submission package. 1. One (1) Statement of Intent: Due April 20, 2007 In the Letter portion of the Statement, the Developer must indicate: a) Location, size & description of the firm b) Contact Person 2. Completed Proposal: Due May 18, 2007 In the completed response proposal, the Developer must include the following: a) Specific description of development concept for entire site including time-line schedule for

all phases of development. Proposal should include terms and conditions of a proposed transaction.

b) Detail the development team, their experience and qualifications on related projects including resumes of key personnel. There should be examples of similar projects as well as a list of at least of three (3) references of the development team. Respondent must disclose all individuals or business entities with current or anticipated equity interest in the project.

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c) Developer must demonstrate his ability to arrange and secure financing to include both the acquisition and development of the proposal. This will be evidenced by letters of interest from lenders, proof of credit worthiness, and financial statements.

d) Proposals will include site concepts and elevations which will address the sensitivity to the aesthetics of the proposed development and compatibility to the entire area.

e) All proposals should include a statement of Community Impact. VII. SELECTION CRITERIA All decisions will be made by a committee comprised of representatives of the RDC, DelDOT, DEDO the City of Wilmington. The criteria used to select a developer(s) will be based upon the following in order of priority: CRITERIA - PRIORITZED 1. Acquisition price 2. Degree of certainty and commitment of private financing sources and evidence of financial

ability to complete the development project. Such evidence may include but is not limited to: a. Letters of Interest from Lenders b. Proof of Creditworthiness c. Financial Statement 3. Specific elements of the development proposal 4. Experience of the developer on similar types of projects 5. The feasibility and minimization of public improvements 6. Development appearances and aesthetics 7. Compatibility with development plans of the Riverfront as well as enhancement of the

surrounding area 8. Experience of developers in real estate management and marketing 9. Use of Minority Contracts 10. Maximization of benefits to the City, State, and its residents

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VIII. OWNERS’ & AGENTS’ RIGHTS REGARDING THE RFP The owners reserve the right in their sole and absolute discretion, to: 1) Reject any and all Proposals or any portion thereof; 2) Determine which Proposals are responsible and qualified; 3) Issue subsequent Requests for Proposals; 4) Cancel or modify this RFP; 5) Modify the RFP process, including the evaluation procedures; 6) Disclose information contained in the Proposals to the public subject to confidentiality

statutes; 7) Interview and hold discussions with any qualified Proposers at any time after receiving the

Proposals and before signing a legally binding contract; 8) Enter into a final contract with terms that vary from the RFP; 9) Evaluate Proposals in terms of the best interests of the owners, applying criteria in the

manner most suited to this end; 10) Waive deficiencies, informalities, and other irregularities in any Proposal; 11) Reject one or more non-responsive Proposals; 12) The owner may investigate the qualifications of any Proposer under consideration (including

parties otherwise related to the Proposer), require confirmation of information by the Proposer or require additional evidence of experience and qualifications to provide the services or otherwise discharge the obligations by this RFP or the other subsequent agreement.

IX. CONFIDENTIALITY All proposal material submitted to the owners in response to this RFP become the property of the owners/agents who reserve the right, at their sole discretion, to use without limitation any and all information, concepts, and data contained therein. While the Proposer may request that certain information not be disclosed, unless Delaware law authorizes the owners to keep the material confidential, the wishes of the Proposer cannot supercede the requirements of 29 Del.C. Sec.10001, et seq., the Freedom of Information Act. X. DISADVANTAGED BUSINESS ENTERPRISES The City of Wilmington has established laws and procedures to increase the accessibility of contracting opportunities for small and disadvantaged businesses in its construction, goods and services and professional service contracts. The City’s Disadvantaged Business Participation Program is administered by the Contract Compliance Office in the Office of Economic Development and derives it authority from Chapter 35, Article IV of the Wilmington City Code.

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Under this authority, the City has established an active policy of encouraging, soliciting and assisting new, small and local businesses, including those economically disadvantaged (DBE’s) in conducting business with the City, its agents and corporations created by the City for public purposes. For purposes of this RFP, all construction resulting from the implementation of any approved development plan should have a goal of 20% of the total amount of all construction contacts awarded to (DBE’s); 10% for professional service contracts and 5% for all other goods and contracts. Questions regarding the DBE program should be directed to the City’s Contract Compliance Office at (302) 576-2126.

The Department of Transportation hereby notifies all bidders/proposers that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids/proposals in response to this invitation and will not be discriminated against on the grounds of race, creed, color, sex, or national origin in consideration for an award.

XII. ANTICIPATED PROJECT SCHEDULE 1) Publish Request for Proposal - March 12th -16th. 2) Pre-submission meeting at the Site (optional) – March 29 3) Receive statements of intent – April 20 4) Receive completed proposals – 5 p.m. on Friday, May 18 5) Notification to Proposers – June 1 6) Review Proposals with selected developer(s) – June 8 * Dates may change at the exclusive discretion of the owners or their agents. XIII. NUMBER OF COPIES One original and fifteen (15) copies of each Proposal must be provided on or before the Proposal due date. XIV. PERIOD OF ACCEPTANCE All proposals must remain valid for a minimum period of six (6) months after the Proposal due date.

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XV. ADDITIONAL INFORMATION The owners reserve the right to request additional information from the Proposer at any time during the selection process. All Proposals and Statements of Intent should be submitted by mail or hand delivered to: Michael S. Purzycki, Executive Director Riverfront Development Corporation of Delaware 800 South Madison Street Wilmington, Delaware 19801 Telephone (302) 425-4890 For questions relating to the RFP, contact Andrew M. Lubin at [email protected], or by telephone at (302) 658-5600. For more information about the Riverfront Development Corporation (RDC) visit the Riverfront Wilmington website at www.riverfrontwilmington.com.

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EXHIBIT 1 – PROPERTY PHOTOGRAPHS

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EXHIBIT 1 – ADDITIONAL AERIAL PHOTOS

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EXHIBIT 2 – VICINITY MAP

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EXHIBIT 3 – SITE PLAN

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EXHIBIT 4 – FOOTPRINTS OF EXISTING BUILDINGS

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EXHIBIT 5 – FLOOR PLANS FOR BUILDING 2 BUILDING 2 – FIRST FLOOR

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BUILDING 2 - SECOND FLOOR

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BUILDING 2 – THIRD FLOOR

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BUILDING 8 – SECOND FLOOR

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BUILDING 8 – THIRD FLOOR

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BUILDING 12 – SECOND FLOOR

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BUILDING 16 - SECOND FLOOR

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BUILDING 16 - THIRD FLOOR

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EXHIBIT 9 – ZONING MAP

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EXHIBIT 10 – ZONING DEFINITION – M-2 DISTRICT Sec. 48-247. M-2 District (a) Purpose. The M-2 district, general industrial, is designed to provide areas where large-scale industries can find suitable sites served by rail, water and highway transportation. Only a few specified heavy industries which might create objectionable conditions in the residential and commercial areas of the city are excluded. No new residential development is permitted. (b) Permitted uses. Subject to the prohibitions and controls specified in the following subsections of this section, all uses not otherwise prohibited by law are permitted in any M-2 district, subject to the off-street parking and loading requirements of article X of this chapter. Specifically permitted in M-2 districts are consumer recycling collection centers, without restriction of hours of operation. Specifically permitted are neighborhood police stations. (c) Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case: (1) Ore smelting, blast furnace, coke oven, open hearth furnace, or Bessemer converter, as approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case: a. No such industrial operation shall be established or maintained within 1,000 feet of the boundary of any residence district or commercial district; b. The off-street parking and loading requirements of article X of this chapter and the protective controls of subsection (e) of this section are complied with; and c. The proposed use will not seriously impair the value of nearby residential or commercial property, in the determination of which the direction of prevailing winds and the increased traffic on the street system may be considered. (2) As special exception uses, the re-refining or recycling of used oil and any processes related and accessory thereto, provided that no such use or any part thereof shall be established or maintained within 1,000 feet of the boundary of any residential zoning district, or of any commercial zoning district, or of any commercial zoning district, or of any W-3, W-4 or O zoning district, and that any such use that is permitted shall be subject to the standards set forth in section 48-246(c). (d) Prohibited uses. Except as provided elsewhere in this chapter, the following uses are specifically prohibited in an M-2 district: (1) Residential uses other than a dwelling or apartment for a caretaker, watchman or janitor employed on the premises; hotel or motel, or emergency shelter for the homeless subject to the requirements specified for such use in C-2 districts under section 48-193(c)(18). (2) Fertilizer manufacture from organic material or the compounding of such fertilizers on a commercial scale.

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(3) Fireworks or explosives manufacture. (4) Reduction of garbage, offal or dead animals on a commercial basis. (5) Refining of crude petroleum and processes related and accessory thereto. (6) Any waste incinerator, incinerator, or incinerator structure or facility. (e) Protective controls and standards of external effects. (1) Protective controls. In case of any permitted chemical process or any other manufacturing process that involves potential hazard from fire or explosion, or any activity involving the storage, including any underground storage, the use or the disposal of any hazardous substances, no permit shall be granted unless or until the zoning board of adjustment has determined that the applicant has employed technology reasonably available to each particular industry for the control of such potential hazards and all applications for permits shall be subject to the provisions of this Code and all applicable federal and state laws and regulations and the approval of the fire marshal. All such uses shall be reviewed by the environmental and technology advisory panel which shall advise the zoning board of adjustment prior to its hearing and decision. (2) Standards of external effects. All manufacturing or heavy commercial uses to be hereafter established in general industrial manufacturing zoning districts shall be permitted only upon evidence of their ability to operate in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal or state laws and regulations and city ordinances. All such cases shall be reviewed by the zoning board of adjustment. The environmental and technology advisory panel shall advise the zoning board of adjustment prior to its hearing and decision. (f) Conditional uses. The following uses are permitted, subject to the conditions specified below in each case: (1) Adult entertainment establishments subject to the conditions specified for such uses in C-5 districts as provided in section 48-197(f). (2) Billboards subject to the conditions specified for such use in C-5 districts as provided in section 48-197(f). (Code 1968, § 48-33; Ord. No. 92-056(sub 1), § 1, 12-7-92; Ord. No. 93-010(sub 1), § 4, 7-8-93; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 00-024(sub 2), § 1, 6-15-00; Ord. No. 01-046(sub 1), § 1, 11-1-01)

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Sec. 48-261. Height. (a) Generally. Except as specified in subsection (b) of this section, the height of a building or structure hereafter erected or altered in respect to height in manufacturing and industrial districts shall not exceed that given in the following table: District Height in Stories Height in Feet

M-1 4 55

M-2 Not prescribed 90 (b) Exceptions. The height of a building or structure as specified in subsection (a) of this section may be exceeded in the following instances: (1) In an M-1 district, a roof bulkhead, elevator or stairway enclosure, or structures housing air-conditioning equipment or machinery may be erected to a height in excess of that authorized in subsection (a) of this section. (2) A chimney or a pinnacle serving as an architectural embellishment in an M-1 or M-2 district may be erected to a height in excess of that authorized in subsection (a) of this section. (3) In an M-1 or M-2 district, the provisions of this section do not apply to smokestacks, vents, transmission towers, flagstaffs, water tanks or towers, or hose towers. (4) In an M-1 or M-2 district, radio or television towers, grain elevators, derricks or other buildings or structures or portions thereof in which a greater height is necessary for properly conducting the processes involved may be erected to a height in excess of that permitted in subsection (a) of this section; provided, that each part of such building or structure that is above 55 feet in height in an M-1 district and 90 feet in height in an M-2 district shall be set back from the street line or any other lot line a distance of not less than the total height of such building or structure. (5) Any emergency sirens included in the city-wide emergency warning system that are installed and operated by the office of emergency management in accordance with chapter 7 of the City Code. (Code 1968, § 48-34; Ord. No. 97-026(sub 1), § 1, 7-10-97; Ord. No. 04-082(sub 1), § 3, 12-9-04) Sec. 48-262. Floor area ratios. The maximum permitted floor area ratios in manufacturing and industrial districts shall be as given in the following table: District Floor Area Ratio

M-1 2.0

M-2 3.0 (Code 1968, § 48-35)

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Sec. 48-263. Building setback lines. (a) M-1 districts. Any building or structure erected in an M-1 district which abuts a street less than 80 feet in width shall be set back not less than 40 feet from the centerline of such street. (b) M-2 districts. No setback is required in an M-2 district, except as required in subsection 48-261(b)(4) for a building or structure over 90 feet in height and subsection (c) of this section. (c) In any M-1 and M-2 zoning district where property frontage is located across from a residential zoning district, there shall be a minimum setback of 20 feet from the lot line. Within the setback, a sodded border no less than ten feet in width shall be provided, and within this sodded border, there shall be landscaping, to include evergreens, sufficient to form a continuous screen across the entire frontage, exclusive of entrance ways, with a minimum height of six feet. There shall be no parking or storage within the setback. (Code 1968, § 48-36; Ord. No. 02-116(sub 1), § 4, 12-12-02) Sec. 48-264. Rear yards. (a) Generally. Except as specified in the following subsections of this section, a rear yard shall be provided on every lot in manufacturing and industrial districts as prescribed in the following table: District

Minimum Depth of Rear Yard

M-1 15 feet.

M-2 15 feet for a height up to 60 feet above the average level of the finished grade along the rear wall of the building, and increasing three inches in depth for each additional foot of height above that level.

(b) Exceptions--Through lots. In a case of a through lot no rear yard is required, but each street frontage shall be subject to the building setback requirements of section 48-263. (c) Same--Where rear of lot adjacent to waterway, etc. Where the rear of a lot adjoins a navigable waterway, railroad right of way or railroad yard, no rear yard shall be required. (d) In any M-1 and M-2 zoning district where the rear yard of a lot abuts a residential zoning district, there shall be a minimum rear yard setback of 20 feet unless a greater setback is required under subsection (a). Within this setback, a sodded border no less than 15 feet in width must be provided and within this sodded border there shall be landscaping, to include evergreens, sufficient to form a continuous screen along the full width of the lot with a minimum height of six feet. There shall be no parking or storage within the setback. (Code 1968, § 48-37; Ord. No. 02-116(sub 1), § 5, 12-12-02)

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Sec. 48-265. Side yards. (a) Generally. Except as specified in the following subsections of this section, two side yards shall be provided on every lot in an M-1 or M-2 district. Each such side yard shall have a width of six feet in the case of a one-story building and an additional width of two feet for each additional story, but in no case need have a width in excess of ten feet. (b) Exceptions--Corner lots. In the case of a corner lot no side yard need be provided along the side street line except as required by section 48-263. (c) Same--When line coincides with boundary of residential zoning district. When a side lot line coincides with the boundary of a residential zoning district, the side yard along the lot line shall be 15 feet per one-story building and 20 feet in all other cases. Within this setback a sodded border of no less than five feet in width shall be provided, and within this border there shall be landscaping, to include evergreens, sufficient to form a continuous screen along the full length of the lot with a minimum height of six feet. There shall be no parking or storage within the setback. (Code 1968, § 48-38; Ord. No. 02-116(sub 1), § 6, 12-12-02) Sec. 48-266. Courts. Where a court is provided in an M-1 or M-2 district, such court shall have the minimum dimensions specified in section 518 of the building code of the city. (Code 1968, § 48-39)

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EXHIBIT 11 – DEED

REQUEST FOR PROPOSAL

Design

Transcript of REQUEST FOR PROPOSAL