CPMCBA Packet

CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Wednesday, September 11, 2024 at 3:30 PM City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware AGENDA VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Conference Room with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/dvb7rx Event number: 2530 394 5465 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL TO ORDER ADOPTION OF AGENDA 1. Property Maintenance Code Citation (Chapter 3 - General Requirements, Section 302.3 – Sidewalks and Driveways ) - Appeal of Citation and Fines- 650 Bay Road (Dover Bay Court Plaza, LLC) (DURING THEIR MEETING OF JULY 17, 2024, THE BOARD APPROVED THE PROPOSED REPAVING PORTION MARKED IN RED, AS DOCUMENTED IN THE PROVIDED EXHIBIT. THE BOARD DEFERRED THE DECISION ON THE BARRICADED AREA TO STAFF, WHO WOULD THEN REVIEW AND RESOLVE THE SUBMITTED PROPOSAL IN CONSULTATION WITH THE FIRE MARSHAL AND PLANNING AND ZONING. STAFF WOULD THEN SCHEDULE THE NEXT CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING.) ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING. 1

Item 1. Walls, Ashley A From: Brown, Sierra D Sent: Thursday, September 5, 2024 11:51 AM To: Walls, Ashley A Subject: FW: Zoning Information for Bay Court Plaza Sierra Brown Code Enforcement Officer ICC-PMHI, DE Licensed-MHI Inspector City of Dover Delaware (302) 736-7014 sbrown@dover.de.us From: Melson-Williams, Dawn <DMelson@dover.de.us> Sent: Monday, August 5, 2024 9:42 AM To: Kopp, Eddie L <ekopp@dover.de.us>; Brown, Sierra D <sbrown@dover.de.us> Subject: Zoning Information for Bay Court Plaza Code Enforcement Sta – Eddie and Sierra: RE: Follow-up on your Zoning Inquiry on Bay Court Plaza Parking Bay Court Plaza shopping center at 650 Bay Road in Dover is zoned SC-2 (Shopping Center Development – Community Shopping Center Zone) and the area where the pad site building of the Bu alo Wild Wings Restaurant at 680 Bay Road is zoned C-4 (Highway Commercial Zone). The information provided by the Appellant including general maps of the Bay Court Plaza area lists a total square footage of both the Bay Court Plaza multi-tenant building and the restaurant building as 181,511 square feet. The appraisal information lists 702 parking spaces for the property in its data. The SC-2 zoning district is described in Zoning Ordinance, Article 3 Section 17. As part of that in Section 17.5 the required parking is listed as one parking space per 300 square feet of gross leasable area. See code excerpt below. Article 3 Section 17.5 Parking spaces. All shopping centers shall have no less than one parking space for every 300 square feet of gross leasable area. Based on the overall number of 181,511 square feet this would require 606 parking spaces in total be provided on- site. I do note that the Bu alo Wild Wings Restaurant portion of the property is zoned di erently. It was originally a restaurant building developed in 2005 with Site Plan Application S-05-21. At the time, it's parking rate in the C-4 zone was based on one of two things. The parking rate at the time was 1.5 parking spaces per 300 square feet of floor area which would have equaled a minimum of 32 parking spaces for that restaurant location. Also, 1 2

Item 1. restaurants also have a minimum parking rate calculation based on seat count with that being one parking space for every four seats and one parking space for every 3 bar seats. Since that time, the parking rate based on square footage for C-4 has been revised to one parking space per 300 square feet of floor area. The restaurant has its own general area of parking located on the north and west sides of the building to the east of a circulation drive on the shopping center site. I have included as follows the various links to the code provisions just cited: Article 3 Section 17: https://library.municode.com/de/dover/codes/code_of_ordinances?nodeId=PTIICOOR_APXBZO_ART3DIRE_S17S HCEDE. Article 4 Section – Bulk Standards including Parking rate for C- 4: https://library.municode.com/de/dover/codes/code_of_ordinances?nodeId=PTIICOOR_APXBZO_ART4ZOBUP ARE_S4.15IOCPZO Article 6 Section – Parking Rates: https://library.municode.com/de/dover/codes/code_of_ordinances?nodeId=PTIICOOR_APXBZO_ART6OREPADRL OFA_S3REOREPASP Parking for the site must meet the requirements for total gross leasable area (one parking space per 300SF) no matter if the tenant spaces are occupied or vacant. Thus, the parking lot must be able to provide 606 parking spaces that can be actively used. Code Enforcement sta can evaluate the number of available spaces on the property to ensure that number is met. If that number is meant without use of the proposed barricaded area, then that area or a portion of it may be eligible to be cordoned o . Other provisions to allow for that barricading to occur include ensuring building access, adequate fire lane access coverage, as well as allowance for site tra ic circulation would need to be evaluated based on the parcel that contains the Bay Court Plaza multi-tenant building and restaurant pad site. There is a portion of the frontage along Bay Road which is part of a di erent parcel of land. I did look for other applications that may include plans/maps of the property. The development of the tract to the north (known as Landing Square (Site Plan S-19-20) where the State Police O ices are located did make some minor changes to the parking lot at the north end of Bay Court Plaza as part of the improvements to the shared entrance boulevard area. The changes on the Bay Court Plaza parcel appear to be related to the addition of sidewalks and crosswalks to allow access across the entrance drive from the north. If you have any questions, please see the Planning O ice. Dawn Melson-Williams, AICP Principal Planner City of Dover, Delaware Department of Planning & Inspections (302) 736-7196 Planning Office phone (302) 736-4217 fax dmelson@dover.de.us 2 3