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EXHIBIT 1 COUNCIL MINUTES 07/12/04 PETITION TO AMEND ZONING DISTRICT Before The Dover City Council July 12, 2004 Applicants/Owners Robino-Bay Court Plaza, LLC c/o Marc Geffroy, Asset Manager Seneca Properties 4929 Bethesda Ave. Suite 200 Bethesda, MD 20814 Location: Bay Court Plaza 650 Bay Road, Dover, DE Size: Area of Rezoning: 3.8 acres +/- for two potential separate lots Present Zoning: SC-2 Regional Shopping Center Proposed Zoning: C-4 Highway Commercial Zone Uses Permitted: Uses permitted in C-3 Service Commercial Zone: Service establishments including dry cleaning and laundry plants; Wholesale, storage, and warehousing establishments; Bowling alleys, and animal hospitals; Motor vehicle, boat or farm equipment sales or service; Motor vehicle service stations, subject to regulations; Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products for sale on or off the premises, subject to restrictions; Newspaper and job printing; Mini-storage facilities. In addition, the following C-4 Highway Commercial Uses may be permitted: Drive-in facilities designed primarily to provide goods and services to persons while they are in automobiles, including drive-in eating establishments; Motels and eating establishments; Outdoor recreational facilities; Auction establishments, and roadside vegetable markets; Theaters, club houses and places of worship; Establishments selling trailers, and memorial stones; Household moving firms and related storage facilities; Trucking terminals, including service, storage and repair; Building contractors with restrictions; Offices and retail establishments; Adult entertainment establishments, subject to the provisions stated in Article 5, Section 13; The following uses are permitted, conditional upon the approval of the planning commission: Crematory Present Use: Former building sites of Bay Court Plaza, now paved areas Proposed Use: Convenience Store with gas pumps and another pad site File Number: Z-04-07

Z-04-07 Lands of Robino-Baycourt Plaza Planning Commission Recommendation Report to City Council for July 12, 2004 Page 2 Findings and Recommendations of the Dover Planning Commission This petition was considered at the June 21, 2004 meeting of the Planning Commission. The following members were present: Mr. Friedman, Mr. Nichols, Mrs. Young, Mr. Tolbert, Mr. Holt, Mr. Winsley, Mr. DiMondi, Mr. VonReider, and Col. Welsh. The Planning Commission recommends that this request for rezoning from SC-2 to C-4 be approved. The motion for approval of the rezoning passed 9-0 of those members present. Description of Property: This is a 3.8 acre +/- parcel on 10 1.4A 19.02 the street front of Bay Court Plaza on Bay Road. The parcel is the approximate area or former Plaza pad sites. The 19.04 55 buildings were demolished in SH R 19.7A 1.1A the recent past. The 19.7 acre 7 56 19 plaza currently has a single 16 building with leased storefronts and a significant amount of 17 parking to the front that extends to Bay Road. The amount of land to be rezoned is 700 feet long, from the north entrance to the south entrance, and depth TY ranging from 256 feet on the North of the subject parcel to 212 feet on the South as indicated on the attached Plan. The parcel to be rezoned will be subdivided for at least two developable sites. Surrounding Land Uses: The total area of the plaza is 19.7 acres used as commercial, primarily retail space. The properties to the North include small occupied and unoccupied retail outlets along Bay Road and a relatively significant portion consisting of 12.7 acres +/- with limited frontage directly behind. State of Delaware facilities are located immediately to the West and South. The Blue Hen Corporate Center is located across Route 13 to the East. The Zoning for all of the DelDOT properties is IO Institutional Office and the balance on the West side of Route 113 is C4 Highway Commercial. The Corporate Center is Zoned SC3 Larger Shopping Center. Comprehensive Planning: The Land Development Plan of the 2003 Comprehensive Plan Update shows this parcel as Commercial. Similar uses are allowed or anticipated on both sides of Bay Road and North. To the South is Institutional. There are a few parcels that are anticipated to remain residential within one quarter mile, but none adjacent to the site.

Z-04-07 Lands of Robino-Baycourt Plaza Planning Commission Recommendation Report to City Council for July 12, 2004 Page 3 The proposed use and rezoning is consistent with the 2003 Comprehensive Plan Update. As such, the City of Dover need not request comments from the involved State departments through the Preliminary Land Use Services process. The Planning Commission and City Council will be required to act on the specific rezoning request. Request for C4 (Commercial Professional Office Zone) The types of permitted uses are outlined in Article 3 §26. The uses allowed by right and conditionally are: Uses permitted in C-3 Service Commercial Zone: Service establishments including dry cleaning and laundry plants; Wholesale, storage, and warehousing establishments; Bowling alleys, and animal hospitals; Motor vehicle, boat or farm equipment sales or service; Motor vehicle service stations, subject to regulations; Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products for sale on or off the premises, subject to restrictions; Newspaper and job printing; Mini-storage facilities. In addition, the following C-4 Highway Commercial Uses may be permitted: Drive-in facilities designed primarily to provide goods and services to persons while they are in automobiles, including drive-in eating establishments; Motels and eating establishments; Outdoor recreational facilities; Auction establishments, and roadside vegetable markets; Theaters, club houses and places of worship; Establishments selling trailers, and memorial stones; Household moving firms and related storage facilities; Trucking terminals, including service, storage and repair; Building contractors with restrictions; Offices and retail establishments; Adult entertainment establishments, subject to the provisions stated in Article 5, Section 13; The following uses are permitted, conditional upon the approval of the planning commission: Crematory The proposal is for a convenience store with fueling capacity. The C4 Zoning is being requested because the current SC2 zone does not provide for fuel pumps as an allowable use. The SC2 Zone requires 1 parking spot for every 300 Square feet of building area. The C4 Zone requires either 1 per 300 SF or 1 per employee, whichever is greater. The current plaza site plan as presented with this proposal indicates 354 parking spaces. Staff found the striped parking spaces on site did not match those that are on site now, and that there may be sufficient unstriped lot area to accommodate the necessary number of spaces. The number of spaces required by existing building area is 601 as calculated by building size. A new building will require additional parking spots. RECOMMENDATION OF THE PLANNING STAFF: The Planning Staff suggests that the rezoning from SC2 to C4 is appropriate. The current distribution of land for the anticipated rezoning limits the potential area for parking spaces. The revised subdivision and rezoning boundaries may create a parcel that provides sufficient space to allow parking to conform to the Zoning Ordinance. Because the property is to be subdivided, the owner will be required to provide the parking required for the existing building on site or provide for access to parking on other the lots. A subdivision of the parcel will not be allowed without documentation that sufficient parking is available. The frontage requirements for the SC2 Zone is that “(t)he frontage of the development shall be of sufficient width that safe and efficient access to the shopping center can be adequately spaced

Z-04-07 Lands of Robino-Baycourt Plaza Planning Commission Recommendation Report to City Council for July 12, 2004 Page 4 from accesses to adjacent properties, according to standards set forth by the Delaware Department of Highways and Transportation.” After the parcel is subdivided, the portions remaining with the existing plaza meet the requirement to provide adequate spacing for ingress and egress. Under these circumstances, it is unlikely that any additional entrances or exits from Route 113 would be appropriate or allowed. Advisory Comments to the Applicant: 1) The applicant shall be aware that approval of the 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. 2) The development of this property will be subject to the provisions of City of Dover Land Subdivision Regulations and Zoning Code. 3) The project to be built in the rezoned parcel will be required to meet landscaping and parking requirements. The staff suggests that the existing lot be improved to meet the requirements for interior circulation. This will be important to define the access way to the rear of the newly created parcels. Public Comments: The application was represented by Greg Scott of Scott Engineering and Tom McKee. The following individuals appeared and spoke in regards to the rezoning application: • Michael Longwill, adjacent property owner of 600 Bay Road – He is concerned with overall impact of the rezoning regarding traffic and access especially how it might impact his property. • Charles Gallop – He expressed concerns about the adjacent intersection and associated easement agreements, the traffic generation of the potential new use of the site, the parking space count for the shopping center, the amount of underground storage of gas for the proposed new use of the site, and accuracy of the site plan. He provided a handout document entitled “Traffic & Safety Concerns Associated with the Petition to Amend Zoning District of Bay Court Plaza” and a copy of the property boundary survey of the adjacent property owned by Mr. Longwill. Agency Comments from DAC Report: • Department of Public Works has no objections to the rezoning. They also noted the responsibility for utility (sewer and water) upgrades necessitated by redevelopment. • The City Electric Department has no comment on the rezoning application. • DelDOT has no objection to the rezoning. Their comments note that there will be no additional access to Route 113 for the rezoning area. • Kent Conservation District has no specific objection to rezoning. They notes that a Sediment and Stormwater Management Plan is required for land disturbing activities over 5000 square feet and that the site may be eligible for a waiver of quanity management. Attachments to the Report:

Z-04-07 Lands of Robino-Baycourt Plaza Planning Commission Recommendation Report to City Council for July 12, 2004 Page 5 • Development Advisory Committee Application Review Commentary (comment sheets) from the following: Department of Public Works City Electric Department Delaware Department of Transportation Kent Conservation District • Traffic & Safety Concerns Associated with the Petition to Amend Zoning District of Bay Court Plaza (submitted by Charles Gallop and Michael Longwill at Planning Commission Public Hearing on June 21, 2004)

C CITY OF DOVER I P T U Y B DEVELOPMENT ADVISORY COMMITTEE L O I APPLICATION REVIEW COMMENTARY F C APPLICANT D.A.C. MEETING DATE: June 10, 2004 D W O O V R ======================================================================= E K R S APPLICATION: Lands of Robino-Baycourt Plaza, LLC: Rezoning from SC-2 to C-4 FILE#: Z-04-07 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: 1. Our office has no objection to the proposed rezoning. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Sewer and water service to the proposed lot to be rezoned and subdivided in the future are private and in disrepair. The developer is responsible for extending or making upgrades to the utilities in order to support the redevelopment. At the time that the proposed lot is subdivided our office will require public utilities be provided to this newly created lot. This will require dedication of currently private sewer and water main. The current owner and/or developer will be required to make necessary improvements and/or upgrades to existing infrastructure prior to City acceptance and issuance of a building certificate of occupancy for to be proposed on this site. 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.

DD O E CITY OF DOVER V L DEVELOPMENT ADVISORY COMMITTEE MEETING E E APPLICATION REVIEW COMMENTARY R C T JUNE 3, 2004 - 10:00 A.M. - CAUCUS ROOM R I C APPLICATION: LANDS OF ROBINO-BAYCOURT PLAZA, LLC FILE NO.: Z-04-07 REVIEWING AGENCY: CITY OF DOVER ELECTRIC CONTACT PERSON: STEPHEN A. ENSS PHONE #: 736-7091 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: The Electric Department has reviewed the application and has no comment. RECOMMENDATIONS SUGGESTED FOR AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you should have any questions or need to discuss any of the above comments, please contact Stephen Enss at 736- 7091 or contact the Planning Department at 736-7010 as soon as possible. CITY OF DOVER

DEVELOPMENT ADVISORY COMMITTEE D APPLICATION REVIEW COMMENTARY E L D.A.C. MEETING DATE: June 3, 2004 D O =================================================== T = APPLICATION: Lands of Robino-Baycourt Plaza, LLC: Rezoning FILE#: Z-04-07 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 objection to the re-zoning RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: NO ADDITIONAL ACCESS TO ROUTE 113 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. K E C CITY OF DOVER N O D T N I S S E T

DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: June 3, 2004 APPLICATION: Lands of Robino-Baycourt Plaza- Rezoning FILE #: Z-04-07 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jared Adkins PHONE #: 697-2600, ext. 3 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: • Kent Conservation District has no objection to rezoning this site. RECOMMENDATIONS SUGGESTED FOR AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: • A Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet. • This site may be eligible for a waiver of stormwater quantity management if it can be demonstrated that the proposed development will generate less than a 10% increase in runoff. The project would still be required to meet stormwater quality management requirements. Water quality requirements could be met by a bio-retention areas located in a parking island, by sand filters or any other DNREC approved water quality practice.