Attachment

EXHIBIT #1 Regular Council Meeting of 03/24/2008 EXHIBIT #1 Regular Council Meeting of 03/24/2008

EXHIBIT #2 Regular Council Meeting of 03/24/2008 EXHIBIT #2 Regular Council Meeting of 03/24/2008

EXHIBIT #3 Regular Council Meeting of 03/24/2008 PETITION TO AMEND COMPREHENSIVE PLAN AND ZONING DISTRICT Before the Dover City Council March 24, 2008 Applicants/Owners: BBC Properties, Inc. 144 Kings Highway, SW Dover, DE 19901 Location: Southwest corner of Saulsbury Road and Forest Street (Route 8) Property Addresses: 988-990 Forest Street Tax Parcel ID #: ED-05-076.11-01-02.00-000 ED-05-076.11-01-04.00-000 Part of ED-05-076.11-01-23.00-000 Part of ED-05-076.11-01-24.00-000 Size: 2.18 ± acres Present Use: Vacant lot Proposed Use: Pharmacy Comprehensive Plan Designation: The Land Development Plan designates the portion of the site along Forest Street as Commercial and the southern parcels as Office and Office Parks. Proposed Comprehensive Plan Designation: Commercial Present Zoning: C-3 (Service Commercial Zone) and C-PO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) File Number: Z-08-01

This is an application to amend to zoning of the subject properties from C-3 (Service Commercial Zone) and C-PO (Commercial and Professional Office Zone) to C-2A (Limited Central Commercial Zone). The application has been expanded to modify the 2003 Comprehensive Plan Update, as amended in May 2005, September 2006 and March 2007 to change the Land Development Plan designation of the Office and Office Parks portion of the site to Commercial. The rezoning and Comprehensive Plan Amendment are being requested by BBC Properties, Inc. Existing Property The subject parcels are located at the southeast corner of Forest Street (Route 8) and Saulsbury Road. The portion of the site (two parcels) that is zoned currently zoned C-3 (Service Commercial Zone) is a former gas station and is currently a vacant lot. The southern portion of the proposed site (part of two other parcels) is zoned CPO (Commercial Professional Office) and is vacant as well. The subject properties are within the COZ-1 (Corridor Overlay Zone) and regardless of the base zoning will be subject to the requirements of the COZ-1. Surrounding Land Uses: The immediately adjacent property to the east is zoned C-PO (Commercial and Professional Office Zone) along Forest Street. There are residential properties to the east, along Bertrand Drive, that are zoned RG-1 (General Residence Zone). The property across Saulsbury Road, at the southwest corner of the Saulsbury Road and Forrest Avenue is Gateway West Shopping Center. It is zoned SC-2 (Community Shopping Center Zone). The properties to the north, at the northeast corner of Saulsbury Road and Forest Street are zoned C-PO (Commercial and Professional Office Zone). The property at the northwest corner of Saulsbury Road and Forrest Avenue is zoned C-2A (Limited Central Commercial Zone) and is the location of the new Happy Harry’s/Walgreen’s pharmacy. The properties fronting on Forest Street, Forrest Avenue, and Saulsbury Road are subject to the COZ-1 (Corridor Overlay Zone). Comprehensive Plan: In the 2003 Comprehensive Plan Update, as amended in May 2005, September 2006 and March 2007, the Land Development Plan identifies the corner property (the former gas station) as Commercial and the southern portion of the subject parcels as Office and Office Parks. The applicant is proposing to amend the Land Development Plan to reflect the entirety of the subject site as Commercial. PLUS Review The proposed rezoning was reviewed by the State through the Preliminary Land Use Service process on December 5, 2007. The City received the State’s comments on January 4, 2008. The applicant has responded to the PLUS comments. Copies of both letters are included as part of the packet. The City also submitted an application to the State’s PLUS process to amend the Comprehensive Plan for this and several other applications. The State’s comments to the Comprehensive Plan amendments are included as well.

Z-08-01 Lands of BBC Properties, Inc. Report to City Council – March 24, 2008 Page 3 Request for C-2A (Limited Central Commercial Zone) The following is an excerpt from the Zoning Ordinance Article 3 §14.1 which describes the uses permitted in the C-2A zoning district: 14.1 Uses permitted. In a limited central commercial zone (C-2A), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: 14.11 All uses permitted in the neighborhood commercial zone (C-1A). 14.12 Business, professional or governmental offices. 14.13 Banks, theaters and restaurants. 14.14 Dwellings for two or more families, provided that the entire lot occupied by a multiple dwelling shall be maintained in single ownership throughout the life of the building, or in multiple ownership under the provisions of the laws of the State of Delaware relative to condominiums. 14.15 Hotels, clubs and places of worship. The C-2A zone permits all uses permitted in the C-1A (Limited Commercial Zone) and C-1 (Neighborhood Commercial Zone). In addition to the uses listed above, these uses include convenience retail, retail, personal service stores, other service establishments (excluding gasoline filling stations; motor vehicle storage, repair or service; wholesaling, warehousing or storage; and manufacturing, printing, assembling converting, altering, finishing, clearing or any other processing of goods on the premises, except as permitted in the C-1 zone), and residential uses conforming to the General Residence zones. Recommendation of the Planning Staff and Planning Commission: The proposed amendment to the Comprehensive Plan is generally consistent with the goals of the Comprehensive Plan and will support redevelopment of the former gas station site. For this reason, staff has no objection to the Comprehensive Plan amendment. If the amendment is passed, the rezoning application would be consistent with the Comprehensive Plan. In this case, staff would support the rezoning application. Following a public hearing on the rezoning application before the Planning Commission on January 22, 2008, where no members of the public spoke in favor of or in opposition to the application, Planning Commission tabled the rezoning application, noting that if the Comprehensive Plan were amended they would submit a favorable recommendation. Following this, the applicant expanded the application to include an amendment to the Comprehensive Plan changing the Land Development Plan designation from Office and Office Parks to Commercial on the southern portion of the site. Following a public hearing on the amendment to the Comprehensive Plan before the Planning Commission on March 17, 2008, where no members of the public spoke in favor of or in opposition to the request, the Planning Commission unanimously recommended in favor of the

Z-08-01 Lands of BBC Properties, Inc. Report to City Council – March 24, 2008 Page 4 Comprehensive Plan amendment application. They also unanimously voted to recommend in favor of the rezoning application, contingent on City Council approval of the Comprehensive Plan Amendment. Staff notes that in response to concern expressed by City Council members at the first reading of the rezoning ordinance and the first reading of the ordinance to amend the Comprehensive Plan regarding the split-zoning of the southern parcels, the applicant has submitted a minor lot line adjustment plan to amend the lot lines to avoid a split-zoning.

City of Dover Application No.: Z-08-01 Department of Planning & Inspections R-8 CPO CARVE R ROAD RGO IO IO C-3 CPO C-2A CPO SAU LSBURY ROA D FOREST STR EET HARTLY ROAD FORREST AVENUE C-3 CPO RG- RG-1 1 GIBBS DRIV RG- CPO 1 RG-1 Site RG-1 BERTR AND DRIVE RG- RG-1 CPO 1 E RG-1 ET SC-2 LINCOLN STRE R-8 RG-1 RE ECE STREET CPO R- 8 R-8 RG-1 RG- RG- 1 1 PAUL STREET JAWD DRIVE RG-1 RG-1 RG-1 ET T RE RG- IRM A S 1 HAYE S DRIV E RG-1 IPM IPM RG- IPM 1 Plan Title: Lands of Cypress Development Co, LLC Location: Southeast corner of Forest Street and Saulsbury Rd. Plan Type: Rezoning Legend Current Zoning: C-3 and CPO Proposed Zoning: C-2A Dover Parcels Owner: Cypress Development Co, LLC Zoning Date: 12-6-07 Corridor Overlay Zone « 0 200 400 800 Feet