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wUaors ie g1/12/2884 15:45 3026741774 MAPLE DALE CCUNTRY L EXHIBIT 1 COUNCIL MINUTES 01/12/04 Z-O03-OF Me rrey Conk City of Dover Dover, DE. 19901 To: Tony DePrima, City Manager Re: Council Meeting Agenda Dear Mr. DePrima: Based on your suggestion Maple Dale Country Club would like to be removed from the Public Hearing/Final Reading on rezoning a section of our property at the intersection of Maple Dale Road and Maple Dale’s Entrance. This is being removed at this time to clarify new state laws that need further clarification related to this agenda item. It is our understanding that the process for this issue will be resolved in two or three months. Thank you, for your attention in this matter. Sincerely, ADL EEEAA OES | Frank Donnelly Cc: Mike Mercer Dave Coll Mike Malkiewicz Maple Dale Road“ Dover, Delaware 19904 M& _ Office (302) 674-4951 Me__Fax (302) 674.1774.

Applicants/Owners: Location: Property Address: Tax Parcel ID #: Size: Present Zoning: Proposed Zoning: Present Use: Proposed Use: File Number: EXHIBIT 2 COUNCIL MINUTES 01/12/04 44 over PETITION TO AMEND ZONING DISTRICT Before The Dover City Council January 12, 2004 John R & Norma T. Collins 202 American Avenue Dover, DE 19901 Northwesterly corner of American Avenue and an unnamed City Alley approximately 164.5 feet + south of Smith Street 202 American Avenue ED-05-068.17-03-65.00/000 4,992 s.f. (0.15 acres) + RG-1 (General Residence Zone) and R-8 (One Family Residence Zone) R-8 (One Family Residence Zone) permitting the raising of field and garden crops, vineyards and orchard farming, the maintenance of nurseries, and the seasonal sale of products thereon, one family detached dwellings, not to exceed one such dwelling per lot; Public Buildings, structures and uses, including parks and playgrounds subject to approval of site plans by the planning commission in accordance with Article 10, Section 2. Conditional Permitting with the approval of the planning commission meeting specific conditions: Places of worship, including parish houses; schools including nursery schools, kindergarten and day care centers in accordance with Article 5, Supplementary Regulations, Section 14; Day Care Facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes in accordance with specific regulations; Railroad and public utility, rights of way and structures necessary to serve areas within the city, Country Clubs, or other annual membership clubs, catering exclusively to members and their guest, as well as various accessory uses and customary home occupations. Single Family Residential Z-03-07 P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

PC Report to Council Z-03-07 Lands of Collins Planning Commission Report to Council Page 2 Findings and Recommendations of the Dover Planning Commission This petition was considered at the December 15, 2003 meeting of the Planning Commission. The following members were present: Chairman Friedman, Mr. Nichols, Mrs. Horsey, Mr. Sadusky, Mr. Holt, Mr. Winsley, Mr. DiMondi, Col. Welsh, and Mr. Von Reider. The Planning Commission recommends that this request for rezoning from RG-1 to R-8 be approved. The motion for approval of the rezoning passed 9-0 of those members present. The procedure for rezoning (amendment to the zoning map) is outlined in the Zoning Ordinance Article 10 §5. This application is to rectify a split zoned property located at the northwesterly corner of an unnamed City alley and American Avenue approximately 164.5 feet + south of Smith Street. The area of petition consists of a 0.1146 acre +/- (4,992 square feet +) which is a portion of a combined tax parcel known as ED-05-068.17-03-65.00/000 and totals of 0.379 acres (16,512 s.ft) of land and further described as Lot H of Smiths Addition, The applicants have requested the rezoning to R-8 to codify their holdings into one property with one zoning classification. The property owners had consolidated their holdings for assessment purposes, but never recorded a plan expunging lot lines. The City of Dover Zoning Ordinance does not permit the erection of either an addition or an accessory structure on a separate property from the principal use or structure. In order to receive building permits, the owners must seek a rezoning of the property and then record a minor lot line adjustment plan to create one parcel. The applicants have chosen to rezone the parcel where the current single family dwelling exists from a General Residence Zone (RG-1) to a One Family Residence Zone (R-8) which the balance of the property is zoned. Surrounding Land Use: This property is located in the heart of a residential neighborhood surrounded by single family dwellings to the north and east. To the west and one block over are properties zoned RG-1 and

PC Report to Council Z-03-07 Lands of Collins Planning Commission Report to Council Page 3 RGO (General Residence and Office Zone) located on the easterly side of North State Street. The following pictures depict the immediate neighborhood. View south Portion Zoned R-08 2002 Aerial Photograph Comprehensive Plan: In the 2003 Comprehensive Plan Update, the Land Development Plan recommends that this property be used for medium density residential purposes. The 1996 Comprehensive Plan recommended the same use for this area. See the attached Land Development Map below.

PC Report to Council Z-03-07 Lands of Collins Planning Commission Report to Council Page 4 Lands of Collins Rezoning from RG-1 to R-OB Recommendation of the Planning Staff: Staff supports the rezoning of this property and the subsequent Minor Lot line Adjustment Plan. This is actually a down-zoning and provides for the continued viability of a single family lot. Public Comments: The application was represented by Norma Collins. No one appeared and spoke in regards to the rezoning application. Agency Comments from DAC Report: © Department of Public Works has no objections to the rezoning. e City of Dover Electric has no comments on the rezoning. e DelDOT has no comments on the rezoning. e Kent Conservation District has no objection to rezoning this site. ADVISORY COMMENTS TO THE APPLICANT: 1) The applicant shall be aware that approval of any rezoning application does not represent Minor Lot Line Adjustment Plan approval. A separate Minor Lot Line Adjustment Pian must be submitted and approved is required for the development of property. 2) The applicant shall be aware that approval of any rezoning application does not represent a Building Permit approval. A separate application submission showing all improvements is required before issuance of a Building Permit from the City of Dover. Attachments to the Report: ¢ Development Advisory Committee Application Review Commentary (comment sheets) from the following: Department of Public Works City of Dover Electric Delaware Department of Transportation Kent Conservation District e Exhibit Location Map

| CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: November 26, 2003 am<Ooo NO <HHA NAAQZ OACVWOV APPLICATION: Lands of John R. Collins and Norma T. Collins — Rezoning from RG-1 to R-8 FILE#: _Z-03-07 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 of the portion of parcel ED-05-068.17-03-65.00-000 from RG-1 to R-8 to eliminate the split-zoning of the parcel. 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.

| D le} CITY OF DOVER 7 4 DEVELOPMENT ADVISORY COMMITTEE MEETING EE APPLICATION REVIEW COMMENTARY RC T NOVEMBER 26, 2003 - 10:00 A.M. - CAUCUS ROOM R c De APPLICATION: LANDS OF JOHN R. COLLINS AND NORMA T. COLLINS- RG-] TO R-8 FILE NO.: Z-03-07 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: A. The City of Dover Electric Department reviewed the re-zoning application and has no comment. RECOMMENDATIONS SUGGESTED FOR AS CONDITIONS OF AP. Vv, 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 D. DEVELOPMENT ADVISORY COMMITTEE ¥ APPLICATION REVIEW COMMENTARY > D.A.C. MEETING DATE: November 26, 2003 T | APPLICATION: Lands of John R. Collins and Norma T. Collins FILE#: Z-03-07 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 RY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No comments 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 cail the above contact person and the planning department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: December 4, 2003 APPLICATION: — Lands of Collins - rezoning FILE #: Z-03-07 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 detailed 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.

Ci ty Of Dover Application No. 203-07 Applicant:__Lands of John & Norma Collins Owner: John & Norma Collins Date: 12/15/03 Tax Parcel No. __ED-05-068.17-03-65.00, Site Area: 0.1146 Acres From: RG-1 & R-8 To: R-8 ee