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Paj 1
EXHIBIT #1
COUNCIL MINUTES 11/08/2004
PETITION FOR Annexation Plan Amendment to Comprehensive Plan Update 2003
and
PETITION TO ANNEX AND ZONE PROPERTY
Before The Dover City Council
November 8, 2004
Owner: Mr. Clifton Hutton and Mrs. Marie Hutton
Equitable Owner: None
Location: Kenton Road and Fox Hall Drive, northwest corner
Tax Map #: ED-05-067.17-01-06.00
Size: 1.45 Acres +/-
County Zoning: RS-1 – Single Family Residential
Proposed Zoning: CPO – Commercial Professional Office
Present Use: Vacant land
Proposed Use: Office
Sanitary Facilities: City of Dover
Water Supply: City of Dover
File Number: AX-04-04
MI-04-12
Findings and Recommendations of the Dover Planning Commission
And Annexation Report Information
The Planning Commission at its meeting of Monday, October 18, 2004 considered this petition. The
following members were present: Chairman Friedman, Ms. Young, Mr. Tolbert, Mr. Holt, Mr.
Winsley, Col. Welsh, and Mr. Von Reider.
The Planning Commission recommends approval of the Annexation Plan Amendment to the
Comprehensive Plan Update 2003 to identify this parcel with the land use type of Office. The
Planning Commission recommends that this request for annexation be approved and that
the property known as Lands of Clifton and Marie Hutton be zoned C-PO (Commercial
Professional Office Zone) upon annexation. The Planning Commission recommendation also
Paj 2
AX-04-04 Lands of Clifton Hutton and Marie Hutton
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 2
recognizes the comments compiled as part of the Development Advisory Committee (DAC)
report. The motion for approval passed 7-0 of the members present. In taking this position, the
Commission considered the following points:
This application requires a Growth and Annexation Plan Amendment to the Comprehensive Plan
Update 2003 to change the land use type for a specific parcel of land. For the 1.4521 acre parcel
of land known as Lands of Clifton and Marie Hutton, the land use type is designated as
Residential on Map 12-1. The applicant has proposed to zone the property, upon annexation, to
a zoning classification that is identified as inconsistent with Map 12-1. The appropriate land use
type for the proposed zoning upon annexation would be Office. The Planning Commission
and City Council would be required to act on the Amendment to the Comprehensive Plan
(MI-04-12) prior to acting on the specific annexation request (AX-04-04).
Annexation Request:
The subject annexation area consists of multiple parcels of land totaling 1.45 acres +/-. The property
is located on the northwest corner of Kenton Road and Fox Hall Drive. The Kent County zoning for
the properties is RS-1 (Single Family Residential Zone). The proposed zoning classification upon
annexation is CPO (Commercial Professional Office Zone).
The Planning Commission reviews the annexation/rezoning application and makes a
recommendation to City Council regarding the rezoning. The survey of the property documents only
the several former parcels that were previously combined into one parcel. There is no proposed
development of the site and no equitable owner.
This ultimate development is subject to the requirements of the Land Subdivision Regulations and
Zoning Ordinance which includes future application and review by the Planning Commission.
Surrounding Land Uses:
The properties to the immediate west and north are along Fox Hall Drive or Kenton Road and are
under the jurisdiction of Kent County. Further to the north is the beginning of Fox Hall West (R-8
Single Family Residential zone). East of the subject annexation area is the Kent Pool Club (zoned
R10 Single Family Residential) and northwest if Robbins Hose Company Station 2 (zoned IO
Institutional Office). To the immediate south is the Hutton’s home on Fox Hall Drive and further
south are residential properties in the City of Dover zoned RG-2 and RG-3 General Residential
zones).
Annexation Goals and Policies:
The Annexation Plan dating to September, 2003 identified the subject property as a Category 1
property, an Enclave surrounded by properties within the City. The City is interested in annexing
such properties to eliminate the enclave and provide seamless services to the residents of the area.
The City is aware that the residents of Fax Hall Drive have not been interested in annexing into the
City. The applicant has discussed this with the property owners immediately adjacent to their
Paj 3
AX-04-04 Lands of Clifton Hutton and Marie Hutton
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 3
property and confirmed their disinterest.
Comprehensive Planning:
The City of Dover 1996 Comprehensive Plan did not reflect an anticipated land use for the subject
property on the Land Use Plan Map. The Map focused only on the lands within the boundaries of the
City of Dover at that time.
The Kent County 2002 Comprehensive Plan Update recommends that this property be utilized for
Medium Density Residential development (3 to 5.8 dwelling units per acre). The property is located
within the Kent County Growth Overlay Zone. The Land Subdivision Regulations adopted in June
2003 must be consulted for the subdivision development requirements for lands under the
jurisdiction of Kent County.
The 1999 Strategies for State Policies and Spending includes this area in the Secondary Developing
Area designation. The State recently implemented the State Strategies for State Policies and
Spending Map identifies this subject annexation area predominately as Investment Level 1.
The City of Dover Comprehensive Plan Update 2003 was adopted by the Planning Commission on
September 16, 2003 and adopted by the City Council on September 22, 2003. The Plan Update was
certified by the State in accordance with Delaware Code on October 2, 2003. The City of Dover
Comprehensive Plan Update 2003 includes a chapter (Chapter 12) and plan map addressing
annexation. It identifies these properties as a Category 1 – Lands Identified for Annexation. The
general land use of Residential is also indicated. It is noted that Category 1 areas are intended to be
annexed by the City within the five year period of the Comprehensive Plan. The suggested use for
the property is R-Residential. The proposed use as O- Office will require a Plan Amendment. The
Plan Amendment should be considered with this application as item MI-04-12.
The Comprehensive Plan Update 2003 notes that additional analysis is to be completed regarding a
detailed study of the City service capacities, City utility capacities, and population growth
projections. An Annexation Plan Study has been prepared by the consultant, Kise Straw &
Kolodner.
The consultant for the purposes of the Annexation Plan Study divided the areas identified on the
Annexation Plan Map (Map 12-1) as Category 1, 2, and 3 lands into study modules. A Cost/Revenue
Analysis has been conducted for the each of the modules. The Cost/Revenue analysis for this are
included all properties along Fox Hall Drive, and not the parcel alone. Staff has scaled the analysis
to the area of the proposal. It should be viewed cautiously and considered as one piece of
information in evaluating an annexation application. Information on the Cost/Revenue Analysis for
this area will be made available.
Request for CPO Zoning:
The types of permitted uses for CPO are outlined in Article 3 §26 Commercial Professional Office
Paj 4
AX-04-04 Lands of Clifton Hutton and Marie Hutton
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 4
Zone (CPO). Within the CPO zoning, uses allowed are Business, professional or governmental
offices; banks, savings and loan associations, investment companies, credit bureaus, brokers and
similar financial institutions; service agencies, such as real estate agencies, insurance agencies,
computer services, travel agencies; medical and dental offices including clinics and laboratories
incidental to these uses; offices for philanthropic and eleemosynary institutions and organizations.
Conditional Uses are not permitted due to the small scale of the potential project area.
Recommendation of the Planning Staff:
The Planning Staff recommends approval of the Annexation Plan Amendment to the
Comprehensive Plan Update 2003 to identify this parcel with the land use type of Office. The
Planning Staff recommends that the subject property be annexed into the City of Dover and
that the subject property be zoned CPO (Commercial Professional Office zone) upon
annexation.
In reviewing applicable sections of the City of Dover Comprehensive Plan 2003 as described above,
Staff notes that the property is identified as an area for immediate annexation. City services (water,
sewer, electric) are available on the property. The proposed zoning classification is compatible with
the existing land uses immediately across Kenton Road. The applicant is the closest resident to the
property.
As part of the municipal annexation process a Plan of Services for the property must be completed in
accordance with Delaware Code Title 22 §101. This Plan of Services must be completed for review
and acceptance prior to final legislative action on the annexation. A Plan of Services indicates the
services that the City expects to provide to the annexed area and how the services will be provided.
The Department of Planning and Inspections is currently working with other City Departments to
complete this task for submittal to the Office of State Planning Coordination for review and
approval.
Public Comments:
The application was represented by Cliff Hutton. No members of the public appeared and spoke
in regards to the Annexation Plan Amendment application and annexation/rezoning application.
Agency Comments from DAC Report:
• Department of Public Works has no comment regarding the annexation Plan Amendment.
• Department of Public Works has no objection to the annexation. Their comments note that
the developer is responsible for costs associated with the extension of utility services to the
site. Information was also provided regarding public utilities in the vicinity of this site.
• DelDOT comments refer to the comments provided as part of the PLUS (Preliminary Land
Use Service) review. See PLUS letter dated September 16, 2004.
Advisory Comments to the Applicant:
Paj 5
AX-04-04 Lands of Clifton Hutton and Marie Hutton
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 5
1. The Planning Commission recommendation pertaining to the annexation and concurrent
rezoning of the property is the first step of the annexation process. The process also includes
consideration by City Council, an annexation election, and formal resolution to annex the
property in to the City of Dover. The annexation process is outlined in the City Charter.
2. At the City Council meeting of September 27, 2004 the City Council took action to refer this
annexation application to the Planning Commission for review on October 18, 2004. The
following dates were also established for the consideration of this annexation application: Utility
Committee on October 25, 2004; annexation election on October 28, 2004; and City Council
Public Hearing and action on November 8, 2004.
3. A Cost/Revenue analysis will be completed for this annexation area.
4. The City of Dover is completing the Plan of Services documentation for submittal to the
Office of State Planning Coordination. Final legislative action to annex the property into the
City of Dover will not occur until the Plan of Services is accepted.
5. The applicant shall be aware that approval of the Annexation (and Rezoning) does not
represent Subdivision or Site Plan approval. A separate application process for Subdivision
or Site Plan approval is required for the development of this property. During that process, a
complete review of the development for code compliance will be completed.
Attachment to Report:
• Development Advisory Committee Comments
• Location Exhibit
Paj 6
CITY OF DOVER C
I P
DEVELOPMENT ADVISORY COMMITTEE T U
Y B
APPLICATION REVIEW COMMENTARY L
O I
STAFF D.A.C. MEETING DATE: September 30, 2004 F C
===================================================================== D W
O O
APPLICATION: Lands of Clifton and Marie Hutton V R
E K
FILE#: AX-04-04 REVIEWING AGENCY: City of Dover Public Works R S
CONTACT PERSON: Scott Koenig or Andrew Riggi PHONE#: 736-7025
=====================================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Our office has no objection to the annexation of tax parcel ED-00-067.17-01-06.00-000.
ADVISORY COMMENTS TO THE APPLICANT:
1. All public utility mains which may encroach or traverse this property must be shown on the site as
located within a public utility easement. The City of Dover has constructed water & sewer mains
along Kenton Road and Fox Hall Drive. These mains will provide utility service to the property
once developed.
2. Once this property connects to the city’s water & sewer systems, the developer/owner will be
responsible for reimbursing the City of Dover for all expenses incurred to extend utility services to
the property. The owner of the property was previously notified of the costs.
IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE
ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE.
Paj 7
CITY OF DOVER C
I P
DEVELOPMENT ADVISORY COMMITTEE T U
Y B
APPLICATION REVIEW COMMENTARY L
O I
STAFF D.A.C. MEETING DATE: September 30, 2004 F C
===================================================================== D W
O O
APPLICATION: Annexation Plan Amendment to Comprehensive Plan V R
Update 2003: Lands of Clifton and Marie Hutton E K
R S
FILE#: MI-04-12 REVIEWING AGENCY: City of Dover Public Works
CONTACT PERSON: Scott Koenig or Andrew Riggi PHONE#: 736-7025
=====================================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
2. Our office has no comment regarding the Annexation Plan Amendment to Comprehensive Plan
Update 2003.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE
ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE.
Paj 8
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE L
D
APPLICATION REVIEW COMMENTARY O
T
D.A.C. MEETING DATE: September 30, 2004
===============================================================
APPLICATION: Annexation Plan Amendment to Comprehensive Plan Update 2003: Lands of
Clifton and Marie Hutton
FILE#: MI-04-12 & AX-04-12 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Richard A. Woodhall PHONE#: 760-2262
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS
AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
Same comments as Plus comments from September 16, 2004
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
If you have any questions or need to discuss any of the above comments, please call the above
contact person and the planning department as soon as possible.
Paj 11
EXHIBIT #2
COUNCIL MINUTES 11/08/2004
PETITION TO ANNEX AND ZONE PROPERTY
Before The Dover City Council
November 8, 2004
Owner: Leonard and Catherine Moore
1076 Forrest Avenue
Dover, DE 19904
Equitable Owner: Robert Zipp
277 Wildflower Circle N.
Magnolia, DE 19962
Location: South side of Forrest Avenue between Bennington Street and
Salisbury Road
Property Address: 1076 Forrest Avenue
Tax Map #: ED-00-076.11-02-14.00-000
ED-00-076.11-02-19.00-000
Size: 2.00 Acres +/-
County Zoning: RS-1 Single Family Residential
Proposed Zoning: C-2A (Limited Central Commercial Zone) and COZ-1 (Corridor
Overlay Zone -1)
Recommended Zoning: CPO (Commercial Professional Office Zone) and COZ-1 (Corridor
Overlay Zone -1)
Present Use: Residential
Proposed Use: Medical Offices
Sanitary Facilities: proposed City of Dover
Water Supply: proposed City of Dover
File Number: AX-04-03
Paj 12
AX-04-03 Lands of Leonard and Catherine Moore
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 2
Findings and Recommendations of the Dover Planning Commission
And Annexation Report Information
The Planning Commission at its meeting of Monday, October 18, 2004 considered this petition. The
following members were present: Chairman Friedman, Ms. Young, Mr. Tolbert, Mr. Holt, Mr.
Winsley, Col. Welsh, and Mr. Von Reider.
The Planning Commission recommends that this request for annexation be approved and
that the property known as Lands of Leonard and Catherine Moore at 1076 Forrest
Avenue be zoned C-PO (Commercial Professional Office Zone) and subject to the COZ-1
(Corridor Overlay Zone) upon annexation. The Planning Commission recommendation also
recognizes the comments compiled as part of the Development Advisory Committee (DAC)
report. The motion for approval passed 7-0 of the members present. In taking this position, the
Commission considered the following points:
The subject annexation area consists of two parcels of land totaling 2.00 acres +/-. The property is
located on the south side of Forrest Avenue between Bennington Street and Salisbury Road. The
property address is 1076 Forrest Avenue. The Kent County zoning for the properties is RS-1 (Single
Family Residential Zone). The proposed zoning classification by the applicant upon annexation is C-
2A (Limited Central Commercial Zone). Staff is recommending a zoning classification of CPO
(Commercial Professional Office Zone). The property will also be subject to the COZ-1 (Corridor
Overlay Zone – 1).
The Planning Commission reviews the annexation/rezoning application and makes a
recommendation to City Council regarding the rezoning. An initial concept for the development of
the property proposes the construction medical offices. This development and/or subdivision of the
land is subject to the requirements of the Land Subdivision Regulations and Zoning Ordinance
which includes future application and review by the Planning Commission.
Surrounding Land Uses:
The subject property is an older residential property that was settled at a time when Delaware Route
8 was a two (2) lane roadway, predominantly rural in character with scattered single family home
sites and surrounded by lands in active agriculture. The surrounding landscape has changed
considerably since this parcel was created.
To the east, the landscape is predominantly commercial in character with the presence of Gateway
West Shopping Center at the southwesterly corner of the intersection of Delaware Route 8 and
Saulsbury Road which is zoned SC-2 (Community Shopping Center) in the City limits. Between the
subject property and Gateway West Shopping Center are lands under the jurisdiction of Kent County
which are zoned B-N (Neighborhood Business). To the south is the Enterprise Business park
Complex which is zoned IPM (Industrial Park Manufacturing) in the City limits.
The adjoining parcels to the west of the subject parcel were annexed into the City of Dover in 2002
Paj 13
AX-04-03 Lands of Leonard and Catherine Moore
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 3
and are zoned CPO (Commercial Professional Office). Recent site development on this adjacent
parcel consists of a medical office building with plan approval for construction of a second office
building on the site. To the north across Delaware Route 8 are lands zoned I-O (Institutional &
Office) which is the location of the Modern Maturity Center, the current Dover Elks Lodge, and the
proposed Fountainview Senior Apartments.
Annexation Goals and Policies:
The Interim Annexation Policy dating to February 28, 1994 identified the subject property as a
Category 1 property, which indicates that this property would be highly desirable for annexation into
the City of Dover. Category 1 properties are favored for annexation due to their proximity to
existing municipal services and are typically properties that are partially or completely surrounded
by lands in the City of Dover.
Comprehensive Planning:
The City of Dover 1996 Comprehensive Plan did not reflect an anticipated land use for the subject
property on the Land Use Plan Map. The Map focused only on the lands within the boundaries of the
City of Dover at that time.
The Kent County 2002 Comprehensive Plan Update appears to recommend that this property be
utilized for Medium Density Residential development (3 to 5.8 dwelling units per acre). The
property is located within the Kent County Growth Overlay Zone. The Land Subdivision
Regulations adopted in June 2003 must be consulted for the subdivision development requirements
for lands under the jurisdiction of Kent County.
The State Strategies for State Policies and Spending Map identifies this area as Investment Level 1.
In Investment Level 1 areas, state investments and policies should support and encourage a wide
range of uses and densities, promote other transportation options, foster efficient use of existing
public and promote investments, and enhance community identify and integrity.
The City of Dover Comprehensive Plan Update 2003 was adopted by the Planning Commission on
September 16, 2003 and adopted by the City Council on September 22, 2003. The Plan Update was
certified by the State in accordance with Delaware Code. The City of Dover Comprehensive Plan
Update 2003 includes a chapter (Chapter 12) and plan map addressing annexation. It identifies these
properties as a Category 1 – Lands Identified for Annexation. The general land use of Office is also
indicated. These areas are “mostly enclaves of unincorporated territory mostly surrounded by the
City of Dover.” It is noted that Category 1 areas are intended to be annexed by the City “within the
five year planning period.”
The Comprehensive Plan Update 2003 notes that additional analysis is to be completed regarding a
detailed study of the City service capacities, City utility capacities, and population growth
projections. The consultant Kise, Straw & Kolodner for the purposes of the Annexation Plan Study
divided the areas identified on the Annexation Plan Map (Map 12-1) as Category 1, 2, and 3 lands
Paj 14
AX-04-03 Lands of Leonard and Catherine Moore
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 4
into study modules. A Cost/Revenue Analysis was conducted for the modules. This Cost/Revenue
Analysis information should be viewed cautiously and considered as one piece of information in
evaluating an annexation application.
Request for C-2A Zoning:
The applicant has requested C-2A (Limited Central Commercial Zone) for the property. The types of
permitted uses for C-2A are outlined in Article 3§14 and include a variety of commercial uses and
some possibilities for residential uses. These include retail stores, service establishments, single
family & two family residences, banks, theaters, restaurants, hotels, clubs, churches, and offices. The
Planned Neighborhood Design: Senior Citizen Housing Option is a conditional use.
Recommendation of the Planning Staff:
The Planning Staff recommends that the subject property be annexed into the City of Dover
and that the subject property be zoned C-PO (Commercial/Professional Office) upon
annexation, and that the subject property be included in and subject to the Corridor Overlay
Zone (COZ-1).
In reviewing applicable sections of the City of Dover Comprehensive Plan 2003 as described above,
Staff notes that the property is identified as an area for future annexation. City services (water,
sewer, electric) are available in the vicinity of this property.
The subject property is one of several adjoining parcels that were platted in the 1930’s as part of the
Country Club Estates subdivision. These parcels tend to be narrow in width and run over 1,000 Feet
in depth from the right-of-way of DE Route 8. Due to the significant depth to width ratio of these
parcels, and particularly the narrow lot widths, the design for redevelopment of the parcel must be
carefully considered. The permitted uses of the C-PO Zone are very similar to the C-2A with the
exception of the residential uses and retail uses. The C-PO may be more appropriate for
development due to the size constraints of the subject property.
The permitted uses of the C-2A zone are outlined in Article 3 §14 and the permitted uses of the CPO
are outlined in Article 3 §26. The provisions of the COZ-1 (Corridor Overlay Zone) are found in
Article 3 §27 and include a number of site design requirements associated with parking, building
placement and architecture, and landscaping.
The following provides a comparison of the bulk standards for C-2A, C-PO, and the COZ-l. The
property would be subject to the requirements of COZ-1 (Corridor Overlay Zone) no matter what the
base zoning of the property. As always the more restrictive requirement would govern.
C-2A CPO COZ-1
Front Yard 25 feet 25 feet For non-residential use:
minimum of 40 feet and
maximum of 60 ft.
Paj 15
AX-04-03 Lands of Leonard and Catherine Moore
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 5
Side Yard None/ 10ft. if provided 15 feet See base zoning
Rear yard 20 ft. above ground. None/ 15 feet See base zoning
10 ft. if provided for
ground floor
Side or rear yard adjacent 25 feet 30 feet See base zoning
to Residential
Off Street parking 1 space per 300 SF of floor 1 space per 200 SF of floor Rate of base zoning. No
area or 1 per employee area (No parking between parking between the right-
the street line and major use of-way line and the building.
on the property.) (Can considered waiver to
allow 20% of the required
parking between street and
building.
Building Height 6 story (60 feet) 3 story (35 feet) 2 story (35 feet)
Floor Area Ratio 4.0 2.0 See base zoning
Lot Coverage ---- 70% (30% must be 75% (25% must be
landscaping) landscape/open space)
As part of the municipal annexation process a Plan of Services for the property must be completed in
accordance with Delaware Code Title 22 §101. This Plan of Services must be completed for review
and acceptance prior to final legislative action on the annexation. A Plan of Services indicates the
services that the City expects to provide to the annexed area and how the services will be provided.
On October 19, 2004, the Department of Planning and Inspections submitted the Plan of Services to
the Office of State Planning Coordination for review and approval.
Public Comments:
The application was represented by John Pepper of George Miles & Buhr and Bob Zipp,
equitable owner. No members of the public appeared and spoke in regards to the
annexation/rezoning application.
Agency Comments from DAC Report:
• Department of Public Works has no objection to the annexation. Their comments note that
the developer is responsible for costs associated with the extension of sewer and water to the
site. The owner will also be required to provide a public access and utility easement at the
rear of the property.
• DelDOT has no comments in regards to the annexation.
Advisory Comments to the Applicant:
1. The Planning Commission recommendation pertaining to the annexation and concurrent
rezoning of the property is the first step of the annexation process. The process also includes
consideration by City Council, an annexation election, and formal resolution to annex the
property in to the City of Dover. The annexation process is outlined in the City Charter.
2. At the City Council meeting of September 27, 2004, the City Council took action to refer this
Paj 16
AX-04-03 Lands of Leonard and Catherine Moore
Planning Commission Recommendation Report for City Council Meeting of November 8, 2004
Page 6
annexation application to the Planning Commission for review on October 18, 2004. Other
dates for the consideration of this annexation application are as follows: review by the Utility
Committee on October 25, 2004, the annexation referendum on October 28, 2004, and City
Council Public Hearing and action on November 8, 2004.
3. A Cost/Revenue analysis will be completed for this annexation area. The subject property is
one of several properties considered within Module 1O.
4. The City of Dover is completing the Plan of Services documentation for submittal to the
Office of State Planning Coordination. Final legislative action to annex the property into the
City of Dover will not occur until the Plan of Services is accepted.
5. The applicant shall be aware that approval of the Annexation (and Rezoning) does not
represent Subdivision or Site Plan approval. A separate application process for Subdivision
or Site Plan approval is required for the development of this property. During that process, a
complete review of the development for code compliance will be completed.
6. The location of the subject annexation area along the Route 8 corridor will require
consideration of the transportation infrastructure such as the location of the entrance access
to this property during the design for site redevelopment. The applicant is encouraged to
discussion these transportation aspects with the Delaware Department of Transportation.
Attachment to Report:
• Development Advisory Committee Comments
• Location Exhibit
Paj 17
CITY OF DOVER C
I P
DEVELOPMENT ADVISORY COMMITTEE T U
Y B
APPLICATION REVIEW COMMENTARY L
O I
STAFF D.A.C. MEETING DATE: September 30, 2004 F C
===================================================================== D W
O O
APPLICATION: Lands of Leonard and Catherine Moore: 1076 V R
Forrest Avenue E K
R S
FILE#: AX-04-03 REVIEWING AGENCY: City of Dover Public Works
CONTACT PERSON: Andrew Riggi PHONE#: 736-7025
=====================================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Our office has no objection to the proposed annexation of ED-00-076.11-02-14.00-000 and ED-00-
076.11-02-19.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. The developer is responsible for all costs associated with extending sanitary sewer and water service
and capacity to the proposed development.
2. When the site is developed, the owner will be required to provide a 50’ wide public access and
utility easement along the re of the parcel.
IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE
ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE.
Paj 18
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE L
D
APPLICATION REVIEW COMMENTARY O
T
D.A.C. MEETING DATE: September 30, 2004
===============================================================
APPLICATION: Lands of Leonard and Catherine Moore
FILE#: AX-04-03 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Richard A. Woodhall PHONE#: 760-2262
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS
AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No Comment
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
If you have any questions or need to discuss any of the above comments, please call the above
contact person and the planning department as soon as possible.