Attachment

AGENDA CITY OF DOVER BOARD OF ADJUSTMENT WEDNESDAY – April 15, 2009 9:00 AM – CITY HALL ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES OF March 11, 2009 MEETING OLD BUSINESS Applicant #V-08-19: 1200 North DuPont Highway, Delaware State University: Delaware State University has applied to the City of Dover Board of Adjustment requesting an adjustment to its parking requirement in accordance with Article 6, § 3.9 (Off Street Parking, Combined Spaces) of the Zoning Ordinance to recalculate the number of necessary parking spaces on the University campus. Subject property is zoned IO (Institutional/Office Zone) and is subject to the SWPOZ (Sourcewater Protection Overlay Zone). The Tax Parcel ID # is ED-05-057.00-01-21.00. The owners of record are State of Delaware, c/o Delaware State University. ADJOURN 29 Del.C. § 10004(e)(2)

CITY OF DOVER BOARD OF ADJUSTMENT SPECIAL MEETING March 11, 2009 A Special Meeting of the City of Dover Board of Adjustment was held on Wednesday, March 11, 2009 at 9:00 AM with Chairman Sheth presiding. Members present were, Mr. Sheth, Colonel Ericson, (Arrived at 9:10 AM), Mr. Senato, Mr. Hufnal and Dr. Goate’. Staff members present were Mrs. Townshend, Mr. Albert, Ms. Cornwell, and Mr. Rodriguez. Also present was Mr. Mark Dunkle, Mr. Gary Williams, and Mrs. Kathleen McDaniel. Also speaking from the public was Mrs. Judy Diogo and Mr. Dan Wolfensberger. NOTE: These minutes were prepared using the “Action Minutes” format. APPROVAL OF AGENDA Mr. Senato moved to approve the agenda as submitted, seconded by Mr. Hufnal and the motion was unanimously carried. APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF JANUARY 22, 2009 Dr. Goate’ moved to approve the regular Board of Adjustment meeting minutes of January 22, 2009 as submitted, seconded by Mr. Senato and the motion was unanimously carried. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Townshend presented to the audience the policies and procedures that would be followed during these hearings. NEW BUSINESS Applicant #V-09-02: 1284 MCD Drive, Lands of William H. McDaniel, Kathleen McDaniel has requested a variance from the requirements of Article 5, §11.13 of the Zoning Ordinance pertaining to the placement or building of structures within twenty-five feet of a floodplain. Subject property is zoned IPM (Industrial Park/Manufacturing Zone) and the Tax Parcel ID # is ED05-077.12-01-13.00-000. The owner of record is William H McDaniel, Inc. Representatives: Mr. Mark Dunkle, Parkowski, Guerke & Swayze; Mr. Gary Williams, Representing Coastal Brewing Company; and Mrs. Kathleen McDaniel. Mr. Albert presented the application. Mrs. Townshend stated that the legal notice was published in the Delaware State Newspaper on March 1, 2009 and the public was notified in accordance with the regulations. Mr. Sheth questioned if any member of the Board had a conflict of interest and there was none.

CITY OF DOVER BOARD OF ADJUSTMENT MARCH 11, 2009 Mr. Dunkle presented his case. Mr. Williams explained why the building needs to undergo expansion. Mr. Sheth questioned what the economic impact would be with this expansion? Responding to Mr. Sheth, Mr. Williams stated that currently they only employ six (6) full time employees and two (2) part time employees. With the initial phase, they would go from six (6) employees to sixteen (16) to include a Production Manager who is currently not at this location. Our main headquarters are currently located in Annapolis, MD and he travels between Dover, Ashburn, and Annapolis. Once this construction is completed, he will move into Dover. The second phase of expansion would include thirty-two (32) to thirty-four (34) total employees. All the bottles of beer will state brewed and bottled in Dover, Delaware. Mr. Sheth questioned whether FEMA supersedes the City of Dover regulations? Responding to Mr. Sheth, Mr. Dunkle stated that it all works together. Under the City of Dover Code you can build in a flood plain. The FEMA map was changed to the current line and we do not agree with the current line which is being addressed with FEMA; however, it is a very long process. Under City Code it states that you have to be twenty-five (25) feet from that line or fifty (50) feet from the stream. It does not state that you cannot build in it it just states that this is the distance that they need to be from the line. We shot for the most minimal adjustment that we could propose which is also a City standard. The building needs to expand exactly like the footprint shown in order to keep the equipment in the assembly line and for the entire process to work. Under tab two what they are presenting is a more conservative compromise where the setback is much greater than the fifty (50) foot width in which we keyed it to the old FEMA flood map floodplain line so there is consistency. Mr. Dunkle further stated that there is no upstream or downstream flooding problem or drainage problem from doing this. What the developer is going to do is what is called over management. In this case, they will clean out an existing swale in the flood plain area. This is enough to ensure that there is zero upstream or downstream effect. Even if this was not done, the effect would be negligible; however, to be conservative they would do this over management part. Dr. Goate’ questioned the decision by this company to recommend certain things to your firm, is this something that they have a lot of practice with that; have been working with it or is this something completely new for what they are advising? Responding to Dr. Goate’, Mr. Dunkle stated that with regards to the Hydrological Report, they are a long standing geotechnical firm that provides opinions throughout the state. Duffield has a contract with DNREC to do geotechnical mapping and is certainly not the first time that they have given opinions of this nature. Mr. Senato questioned with regards to a statement earlier about filling in an area could you expand on that? Responding to Mr. Senato, Mr. Dunkle stated that where the pink lines are on the map, what they would do is excavate to make a swale that would not even be a ditch but a depression and this little bit of excavation would mathematically offset whatever extra drainage flow might be caused. The engineer feels that it may already be there; however, overgrown. 2

CITY OF DOVER BOARD OF ADJUSTMENT MARCH 11, 2009 Mr. Senato further stated that it was mentioned that there is a 50,000 barrel capacity for this plant. Would there be any other impact going over that production? Responding to Mr. Senato, Mr. Dunkle stated that they have the capacity for 80,000 barrels with this expansion. Mrs. Kathy McDaniel questioned if there were any questions from the Board members regarding the Hydrological Report? Mr. Hufnal stated that with regards to the management of the stormwater with the cleaning of the swale, this apparently will be taken care of. In the comments of the report, they stated that they plan to over management; would this solve the problem of any future impact on the flood plain? Responding to Mr. Hufnal, Mrs. McDaniel stated that the impact is negligible per the report and this is an extra insurance that they would clean out the current existing swale to solve any possible issues. Mr. Sheth opened a public hearing. Mrs. Judy Diogo – Representing Central Delaware Chamber of Commerce - Stated that she is here to speak in favor of the variance. We are asking that you approve their request. Coastal Brewing Company has been in the Dover area for eight (8) years and currently employs six (6) full time employees and two (2) part time employees. They have had a good track record with the City and with the community. We are excited to have a company look at the State of Delaware who has facilities in other areas and they have decided to come to Dover and centralize their operation. We would like this variance to be successful so that we can encourage other business to do the like. In their conversations with Gary Williams, CEO of Coastal Brewing Company he explained to them that Phase I of construction would be a financial commitment of $250,000 and would be increasing their employee base from six (6) full time to sixteen (16) and they would continue to use the two (2) part time employees. During Phase II they are looking at expanding another 15,000 square feet which would make their investment over $500,000 for the second phase. The number of increased employees may not be big; however, it is the small businesses that carry Central Delaware to a large extent. Mrs. Diogo further stated that Coastal Brewing Company mainly focuses on the Maryland, Delaware, and Washington, DC market and with this expansion they would be able to focus on the entire eastern seaboard. Getting Dover, Delaware out there would help our economic development activities and efforts. Mr. Dan Wolfensberger – Representing the Kent Economic Development Organization – Stated that they were involved eight (8) years ago in the tracking and assisting Fordham Brewery in locating in Dover, Delaware and we are in full support of their expansion plans. Mr. Sheth closed the public hearing after seeing no one further wishing to speak. Mr. Sheth asked if there was any correspondence received for this application and there was none. Mr. Hufnal moved to approve Applicant #V-09-02: 1284 MCD Drive, Lands of William H. McDaniel, Kathleen McDaniel in accordance with Staff’s recommendations of approval of the 3

CITY OF DOVER BOARD OF ADJUSTMENT MARCH 11, 2009 variance and also information that was documented in the Geotechnical Report stating that “granting of the variance and allowing the proposed construction would have no downstream or upstream floodplain impact” particularly with their planned over management of the stormwater on the site, seconded by Mr. Senato and the motion was unanimously carried. Mr. Hufnal moved to adjourn the meeting, seconded by Mr. Senato and the motion was unanimously carried. Meeting adjourned at 9:32 AM Sincerely, Diane Metsch Secretary 4

City of Dover Board of Adjustment April 15, 2009 V-08-19 Lands of Delaware State University – Parking Adjustment Location: Delaware State University 1200 N. DuPont Highway Applicant: Delaware State University 1200 N. DuPont Highway Dover, DE 19901 Application Date: September 12, 2008 Present Zoning: IO (Institutional and Office Zone) Present Use: University Campus Reviewed By: Janelle Cornwell, AICP This application was not heard at the October 2008 Board of Adjustment Meeting due to a lack of quorum. The applicant then asked that the application not move forward so they could spend time addressing staff comments. Project Description: The applicant is requesting an adjustment of its parking requirement in accordance with Article 6, Section 3.8 (Off-Street Parking, Driveways, and Loading Facilities – Combined Spaces). The Board of Adjustment granted a similar adjustment in May 1999, and December 2006, based on the information provided the Parking Requirement Report. The University is in the process of making improvements to the campus that necessitate a revisiting and updating the analysis performed in 1999 and 2006. A parking requirement report is attached. Code Citation: Article 6. Off-Street Parking, Driveways and Loading Facilities Section 3. Required Off-Street Parking Spaces. 3.8 Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the board of adjustment may reduce the total parking spaces required for that use with the least requirement.

V-08-19 BOA Report for DSU Parking Adjustment April 2009 P age |2 Staff Recommendation: The applicant is requesting that 1,650 parking spaces on campus be considered by the Board to be sufficient for the current campus including the currently under construction Wellness Center/Strength Conditioning Center and the Martin Luther King, Jr. Student Center as well as the proposed addition to the Baker building and future buildings exclusive of any increase to the seating capacity of the stadium, gym or sports fields which would be reviewed on a case by case basis. The Board of Adjustment previously approved the number of parking spaces at 2,176 parking spaces. Based on the updated analysis provided by the applicant, parking required based on the number of existing parking spaces (2,256) exceeds the number being used on a school daily basis. The applicant has indicated that over a several year time period there has been an excess in parking needed. This past March there were found to be 758 parking spaces available in the five major lots. (Sheets 1A and 1B and Exhibit 2) In April of 2007 the applicant determined that there were 933 parking spaces available throughout the campus. (Exhibit 3) Based on the updated application, parking required for usage on Saturdays is met and has a surplus by the existing 2,256 parking spaces on campus. Additionally, the applicant has updated the data and analysis that the Board of Adjustment supported in 2006. The report submitted by the applicant accounts for changes in student enrollment, faculty and staff numbers, actual usage of parking and other conditions that have changed on campus since 2006. Staff recommends approval of the request by the applicant that 1,650 parking spaces be accepted as sufficient parking for the current campus improvements, and future growth for building expansion with the exception of expansion to the stadium, gym or sports fields that will be reviewed subject to the requirements of Article 6, Section 3.1. There are 2,888 parking spaces required based on the Zoning Ordinance. There are 2,256 existing parking spaces on campus. There are 1,933 parking spaces required for Saturday events. The applicant is requesting the required number of parking spaces be set at 1,650 spaces. There would be 606 excess parking spaces that could be utilized for future construction. There were 758 available parking spaces on March 12, 2009 in five large lots. There were 933 available parking spaces on April 3, 2007 for the entire campus. Additional parking will be reviewed by the Planning Office if there are additions or expansions to any sports complex on campus.