Annexation committee backs 2.7-acre Johnson Road parcel for R‑3 zoning to allow planned church

The Milford Annexation Committee voted unanimously to recommend annexation of a 2.7-acre parcel on the north side of Johnson Road and to annex it into the city as R‑3 (garden apartment and townhouse district), a staff member told the committee.

“This is just for annexation committee review. There's no applicant here this evening. It's just for a discussion between staff and the members of the committee,” Rob, a city planning staff member, said as he presented the draft committee report and plan-of-services overview.

The property, submitted to the city in a petition dated 05/21/2025 and identified in county records as Sussex Tax Parcel 3-30-16-007, is currently zoned AR‑1 (agricultural/residential) in Sussex County. The applicant is seeking R‑3 zoning under the City of Milford ordinance. According to staff, the applicant has a site plan for a place of worship and needs access to central water to meet the fire marshal's requirement for fire suppression.

Why it matters: Annexation would allow the property to connect to Milford’s water, sewer and electric systems; staff said the developer would pay all costs for design and construction of utility extensions and any required upgrades. The committee report notes that the parcel sits adjacent to the Windward Grove townhouse development, that Johnson Road is a state‑maintained road requiring DelDOT approval for access, and that stormwater and conservation permits must be obtained from DNREC and the Sussex Conservation District if the applicant proceeds to site plan and construction.

Details from staff presentation: the parcel is approximately 650 feet west of Route 1 on the north side of Johnson Road. Sewer access would require connection into the city system serving Windward Grove, flowing to the city’s Route 30 pump station and then to the Kent County Regional pump station on Northeast Front Street, staff said. A concurrent utility feasibility study is underway to inform the city’s plan-of-services submission to the Office of State Planning Coordination.

The draft committee report—prepared to accompany the plan-of-services—recommends approval with six summary points, including that the annexation is consistent with the city’s 2018 comprehensive plan future land‑use map, that the property is contiguous to city limits, that any development will be subject to city planning review and conditional use hearings if required, that city utilities will serve the property once an annexation agreement is executed and recorded, and that the property be annexed with R‑3 zoning.

Committee members asked whether the parcel is currently developed and whether non‑church uses could be built under R‑3. Staff said the lot appears vacant of principal structures, may have contained a structure previously, and that R‑3 zoning would permit other uses allowed in that district; any residential development such as apartments would still require site‑plan review (likely through the planning commission). Staff also said that if the property is developed as a place of worship it would qualify for the usual tax exemption for such uses, so the city would not expect increased property tax revenue from the building itself.

Committee action and next steps: a committee member moved to adopt the report as drafted and another seconded; members voted in favor. The committee’s vote was a recommendation to move the application forward—the annexation must still clear the state plan‑of‑services review and subsequent public hearings before planning commission and city council. Staff estimated formal annexation could follow in about two months if the process proceeds on schedule.

Rob answered procedural questions throughout the discussion and noted that the annexation agreement would be recorded with the county recorder of deeds prior to final city council approval. "With everybody on the same page, I think that we can, adopt and accept, what is written before us," Mr. Pierce, the committee chair, said as the group moved to a vote.

The annexation committee adjourned after taking the recommendation vote; the matter will appear later on the public hearing calendar for the planning commission and city council.