Public Hearing on CUP 15-004, an application by

AGENDA:
January 6, 2016
Regular Meeting
ITEM #4B:
Public Hearings
B.
Public Hearing/Discussion/Consideration of CUP 15-004, a Conditional
Use Permit application by Forlano Properties, LLC, property owner, for a
Conditional Use Permit to expand the Duck Deli at 1221 and 1223 Duck
Road by establishing an outdoor dining and entertainment area with up to
18 seats.
RECOMMENDED ACTION:


Conduct the Public Hearing
Discuss & Consider Approval of the Conditional Use Permit
SUMMARY OF INFORMATION:
The applicant is requesting approval of a conditional use permit to add a seasonal outdoor
dining/entertainment area for Duck Deli in the yard between the restaurant at 1223 Duck Road
and adjoining residence at 1221 Duck Road. Specifically, this proposal includes:
 Addition of three picnic tables seating up to 18 people in an outdoor dining/entertainment
area on the lawn to the south of the building. The proposed dining/entertainment area is
approximately 1,000 square feet in size.
 Reduction in the interior seating for the restaurant from 44 seats to 37 seats.
 Installation of an 84 square foot (7’ x 12’) wooden deck against the retaining wall near
the rear of the property for use as an entertainment stage.
 Addition of two (2) turfstone parking spaces in the front yard of the residence.
 Abandonment of the existing septic system for the residence and connection of the
residence to the existing commercial septic system serving the restaurant.
The Duck Planning Board has recommended approval of the proposed conditional use permit
with conditions outlined in the staff report.
ATTACHMENTS:






Letter of Transmittal from the Planning Board Chair
Staff Report
Location Map and Property Information
Conditional Use Application and Cover Letter
Site Plan
Draft Findings & Conditions

Written Comments from Neighboring Property Owners
- Tad & Deborah Grenga, 122 Gifford Circle
- Franklin & Josephine Crawford, 102 Marlin Drive
Decembeer 16, 2016
D Kingston
n & Memberrs of the Ducck Town Couuncil
Mayor Don
P. O. Box
x 8369
Duck, NC
C 27949
RE: Con
nditional Usee Permit 15-004, Outdoo
or Seating/Enntertainmentt Area,
Ducck Deli, 1221
1 & 1223 Du
uck Road
Dear Mayor Kingston
n and Town Council Meembers:
nning Board discussed the
t proposed
d applicationn at its reguular meeting on Decembber 9,
The Plan
2015 and
d voted 3-0 to
t recommen
nd approval of this condditional use ppermit to estaablish an ouutdoor
seating and
a entertain
nment area at 1221/122
23 Duck Rooad. Boardd member R
Ron Forlanoo was
recused from
f
voting due to his relationship
r
with the appplicants. B
Board member James Coofield
abstained
d from votin
ng without having
h
been excused by the other Pllanning Boarrd members. The
Board’s recommenda
r
ation is subjeect to the folllowing condditions:
L coverage calculationss on the site plan must bbe corrected to include thhe existing ggravel
1. Lot
parking prior to consideraation by Ducck Town Couuncil.
2. The
T two park
king spaces in front of the
t residencee (noted as spaces 14 annd 15 on the site
plan) are to be designated
d for staff paarking.
3. The
T applican
nts must co
onstruct a five
fi foot wiide sidewalkk in the sppecified locaation,
acccording to the design specification
ns preparedd by VHB, aand replace the existingg pea
grravel parking area with permeable
p
paving
p
by thee end of Januuary 2017.
4. The
T applicantts must subm
mit an as-bu
uilt survey doocumenting all of the siite improvem
ments
att the compleetion of the work
w
describ
bed in Condiition 3.
5. The
T applican
nts must obttain approvaal from thee Communitty Developm
ment Departtment
prrior to installlation of any
y exterior lig
ghting, whicch must com
mply with thee Town’s ligghting
sttandards and
d may requirre a building permit.
6. Any
A
signage to be addeed must comply with the Town’ss Zoning O
Ordinance annd be
permitted by the Commun
nity Develop
pment Deparrtment priorr to installation.
7. Entertainmen
E
nt activities must
m
comply
y with all appplicable Toown standarrds, includinng the
noise ordinan
nce.
P. O. Bo
ox 8369 ● Duck,
D
North Carolina 279949
252-255-1234 ● 252-255-1
1236 (fax) ● www.townnofduck.com
m
Conditional Use Permit: Duck Deli, 1221 & 1223 Duck Road
Planning Board Recommendation to Town Council
Page 2 of 2
As part of this recommendation, the Planning Board made affirmative findings that the proposed
text amendment is consistent with the ordinance standards for conditional uses, standards for
outdoor dining/entertainment areas, and the Town of Duck CAMA Land Use Plan.
Sincerely,
Joe Blakaitis, Chair
Town of Duck Planning Board
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b
TO:
Mayor Kingston and
a Memberrs of the Ducck Town Couuncil
FROM:
Joe Heard, AICP, Director of Communityy Developmeent
DATE:
Januarry 6, 2016
RE:
Staff Report
R
for CUP
C
15-004, 1221 & 12223 Duck Roaad (Duck Deeli)
Applicattion Information
Applicatiion #:
Project Location:
L
Dare Cou
unty PIN:
Zoning:
Property Owner:
Applican
nt/Contact:
CUP 15
5-004
1221 & 1223 Duckk Road
985912
2766311
Villagee Commerciaal (V-C)
Forlano
o Properties,, LLC
Ronald
d & Kenneth Forlano, Duuck Deli
Public Hearing Date::
January
y 6, 2016, 7: 00 p.m.
Public Hearing Adveertised:
Decemb
ber 20, 20155 & January 3, 2016 (Cooastland Tim
mes)
Decemb
ber 23 & 300, 2015 (Outeer Banks Senntinel)
Decemb
ber 14, 20155
Decemb
ber 10, 20155
Decemb
ber 10, 20155
Decemb
ber 11, 20155
Public Hearing Noticces Sent:
Public Hearing Sign Posted:
Public Hearing Town
n Website:
n Hall Posted
d:
Public Hearing Town
Proposal
As outlin
ned in the application
a
materials
m
forr the propossed project (Attachmennts B and C)), the
applicantt is requestting approv
val of a co
onditional uuse permit tto add a sseasonal ouutdoor
seating/entertainmen
nt area for Duck Deli in the yard bettween the reestaurant at 1223 Duck Road
and adjoiining residen
nce at 1221 Duck
D
Road. Specificallyy, this propoosal includess:
 Addition
A
of th
hree picnic tables
t
seating
g up to 18 ppeople in an ooutdoor diniing/entertainnment
arrea on the laawn to the so
outh of the building.
b
Thhe proposed seating/enteertainment arrea is
ap
pproximately
y 1,000 squaare feet in size.
 Reduction
R
in the interior seating for th
he restaurannt from 44 seeats to 37 seaats.
 In
nstallation of an 84 squaare foot (7’ x 12’) woo den deck aggainst the retaining walll near
th
he rear of thee property fo
or use as an entertainmen
e
nt stage.
 Addition
A
of tw
wo (2) turfsttone parking
g spaces in thhe front yardd of the residdence.
1
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b

Abandonmen
A
nt of the ex
xisting septicc system foor the resideence and coonnection oof the
reesidence to the
t existing commercial
c
septic system
m serving thhe restaurantt.
E: If approved, this cond
ditional use permit will supersede thhe previouslly approved CUP
** NOTE
#12-001,, which was granted on March
M
7, 201
12.
y Informatio
on
Property
The two properties at 1221 and
d 1223 Duck
k Road havve recently bbeen combinned into a ssingle
parcel off land. This combined parcel
p
is 25,1
161 square ffeet (0.58 acre) in size aand zoned Viillage
Commercial (V-C). Constructed
d in 1981, th
he Duck Delli restaurant building at 1223 Duck Road
s
feet in
i size and presently
p
con
ntains seatingg for 44 custtomers. Thee adjoining tthreeis 1,698 square
bedroom
m residence at
a 1221 Duck
k Road was constructed in 1983 andd is 1,848 sqquare feet inn size.
The resid
dence is pressently occupied by the ow
wners’ familly.
The adjo
oining propeerty to the so
outh is zoneed Single-Faamily Residdential (RS-11) and contaains a
single-fam
mily residen
nce. Four (4
4) parcels siituated on a bluff nearlyy 30 feet abbove the prooperty
abut the rear of the subject pro
operty to thee east. Theese propertiees are zonedd RS-1 and each
contains a single-fam
mily residencce fronting on
o Gifford C
Circle. Anotther adjoininng property tto the
east is zo
oned Single--Family Ressidential (RS
S-1) and conntains a singgle-family reesidence froonting
on Marliin Drive. Across
A
Duck
k Road to th
he west aree a couple of propertiees zoned Viillage
Commercial (V-C). The smallerr property contains an ooffice for Staan White Reealty. The llarger
property contains thee Waterfrontt Shops shop
pping center.
Prior Ap
pproval History
Based on
n a conversaation with th
he applicantts, the Duckk Deli restauurant buildinng was origiinally
constructted as a resid
dence, but was
w later conv
verted to rettail use over time. Following purchaase of
the propeerty, the app
plicants obtaained buildiing permits to remodel the interiorr of the buillding,
relocate the
t deck, an
nd add a 140 square foot storage buillding in 19888. Additionnal remodeliing of
the kitcheen occurred in 1998.
CUP 12-001: In 2012
2, the Duck Town Council granted aapproval of a conditionaal use permitt for a
project th
hat would haave involved
d combining
g the subjectt property w
with the adjooining lot at 1221
Duck Ro
oad, demolish
hing the existing restaurrant at 1223 Duck Roadd and residennce at 1221 Duck
Road, co
onstruction of
o a new 44 seat restauraant, and insttallation of a 17 space parking area. The
applicantts have com
mbined the two
t
propertiies, but werre unable too proceed w
with the apprroved
project. Earlier this year,
y
the app
plicants insteead completted significannt renovatioons to the exiisting
nt building th
hat included
d the installaation of a neew septic syystem in the lawn area tto the
restauran
south of the
t restauran
nt.
2
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b
Staff An
nalysis
Proposed
d Use – 156.036(B):
Expansio
on of the Du
uck Deli resttaurant with an outdoor seating/enteertainment arrea. A restaaurant
is a cond
ditional use in the Villlage Commercial (V-C)) zoning district. Outddoor seatingg and
entertainm
ment areas are
a permitted
d as part of a restaurant ssubject to ceertain conditiions.
Lot Areaa – 156.036(D
D)(1):
The new
wly combined
d parcel at 1221/1223
1
Duck
D
Road iis 25,161 sqquare feet (00.58 acre) inn size,
which co
omplies with
h the minimu
um lot size of 20,000 squuare feet for the V-C district. Prior tto the
combinattion of the lo
ots, both pro
operties weree of nonconfo
forming size.
Lot Coveerage – 156.0
036(D)(5):
The prop
posed projecct will chan
nge the existting lot covverage of the site by addding a turffstone
expansion of the driv
veway, smaall walkway extension, aand additionn of two parrking spaces with
curbing in
i front of th
he residence at 1221 Du
uck Road. Inn addition, ssome existingg concrete w
would
be remov
ved from thee residential driveway
d
an
nd replaced w
with turfstonne.
Existing Lot Coverag
ge:
Driveway
y/Parking/W
Walkways
Buildings/Structures
TOTAL
4,882 s.f.
3,486 s.f.
8,368 s.f. (33.3% lott coverage)
Proposed
d Lot Coveraage (estimateed):
Driveway
y/Parking/W
Walkways
Turfstonee Driveway//Parking (851 x 60%)
Buildings/Structures
TOTAL
5,134 s.f.
510 s.f.
3,486 s.f.
9,130 s.f. (36.3% lott coverage)
m
lot coverage requirement
r
in the V-C
C district is 660%. With an estimateed lot
As the maximum
coveragee of 36.3%, the proposed
d improvemeents easily coomply with tthis standardd.
1
(2), (3) & (4)):
Building Setbacks - 156.036(D)(
The prop
posed projectt will not exp
pand or chan
nge the locattion of any eexisting buildings on sitee.
The existting restauraant building at
a 1223 Ducck Road has tthe followinng setbacks:
Setback
k Distance
Minimuum Setback
Front (Du
uck Road)
18 feet
115 feet
Rear
5 feet
220 feet
de
110 feet
South Sid
102 feet
The restaaurant buildiing compliess with the To
own’s minim
mum setbackk standards fr
from the fronnt and
side prop
perty lines, but encroacches into thee rear setbacck. As the building waas constructted in
3
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b
1981, priior to Town
n standards, the location
n of the buillding is legaally nonconfforming and does
not preseent any issuees regarding its continued
d use.
The existting residencce at 1221 Duck
D
Road haas the follow
wing setbackks:
Setback
k Distance
Minimuum Setback
Front (Du
uck Road)
36 feet
115 feet
Rear
38 feet
220 feet
South Sid
de
110 feet
41 feet
The resid
dence complies with all applicable
a
seetback standdards.
Access – 156.093(G)) & 156.112:
Existing access in fro
ont of the reestaurant con
nsists of vehhicles pullingg directly intto parking sppaces
located perpendicula
p
ar to Duck Road.
R
Nearly
y the entire ffront propertty line is a curb cut. Wiith no
drive aissles or man
neuvering area
a
on sitee, the currennt access aand parkingg arrangemeent is
problemaatic, but con
nsidered to be a legal, no
onconforminng situation. No changes are propossed to
this park
king layout, but the applicants
a
have
h
propossed to add a five-fooot wide conncrete
sidewalk
k/apron to minimize
m
the amount of gravel
g
beingg tracked froom the parkiing area ontto the
adjoining
g shoulder off the Duck Road.
R
Access to
t the resideence is via an existing driveway eeleven feet (11’) in widdth. In ordder to
accommo
odate two (2
2) commercial parking sp
paces, this aaccess drive is proposed to be widenned to
the Town
n’s minimum
m standard width
w
of 20 feet
f to allow
w for proper ingress and egress. Thee new
entrance will includee a ten foot (10’) concrete apron too the edge oof Duck Roaad, followedd by a
onnecting to
o parking spaaces at the frront and rearr of the propperty.
stretch off turfstone co
plicants havee submitted
d a drivewaay permit aapplication tto the N.C. Departmennt of
The app
Transporrtation for th
he proposed driveway
d
wiidening and iimprovemennts.
Parking Spaces
S
(156.093 & 156.0
094):
An estim
mate of the minimum
m
num
mber of park
king spaces ccurrently reqquired is calcculated below
w:
Existing Uses
Restauran
nt (Duck Deeli)
Sizze
44 seats
8 employees
6 occupants
Ratiio
1/3 sseats
1/3 eemployees
1/2 ooccupants
# Spaaces
14.7 sspaces
2.7 sspaces
Residencce (3 bedroom
ms)
3.0 sspaces
TOTAL
20.3 sspaces
**The ex
xisting miniimum parkiing requirem
ment round
ds down to 220 parking sspaces.
The attacched site plan
n shows a to
otal of thirteeen (13) existting parking spaces on thhe restaurantt site.
Howeverr, please notte that at leeast six (6) of these parrking spacess encroach bbeyond the front
property line. Theese spaces can continu
ue to be uused, but aare considerred to be llegal,
4
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b
nonconfo
orming park
king spaces.. The park
king area aassociated w
with the ressidence pressently
contains three (3) parrking spacess. So, the to
otal amount oof parking aavailable on tthe site is sixteen
(16) park
king spaces,, a shortfall of four (4)) parking sppaces from w
what is neeeded to servve the
existing uses
u
on the site. As thee current amo
ount of parkking does noot meet the m
minimum paarking
required for the site, the parking situation is legally,
l
noncconforming.
The park
king standard
ds for restaurrants read ass follows:
“1 parking space fo
or every 3 customer seats,
s
plus 1 additionall parking sppace for eaach 3
employeees; seasonaal outdoor dining
d
areaas that are appurtenannt to restauurants locateed in
contiguou
us portions of
o the Villag
ge Commerccial District sshall requiree no parking in addition tto the
existing restaurant parking
p
prov
vided that the outdoor ddining area sshall not inccrease the seeating
capacity of the restaaurant by mo
ore than 25%
%, or seat m
more than 188 persons, w
whichever iss less,
without providing th
he requisite parking forr all of the additional patrons as specified inn this
subchaptter, and furth
her provided
d that the to
otal seating capacity off the restauraant includinng the
outdoor seating
s
area is appropriaately authorizzed for wast ewater manaagement.”
As Duck Deli presen
ntly contains 44 seats, an
n increase off 25% in the seating capaacity would aallow
the addittion of 11 seats,
s
bringin
ng the totall seating cappacity to 555 seats. Raather than siimply
adding 11 seats in th
he outdoor seeating area to
t achieve thhis total, thee applicants hhave propossed to
he amount off seating insside the restaaurant to 37 seats (a reduuction of 7 sseats) and addd 18
reduce th
seats in the
t outdoor seating/enteertainment arrea. The tottal amount oof seating w
would be 55 seats,
consisten
nt with the maximum
m
25
5% seating capacity
c
incrrease. Thereefore, the prooposal appeaars to
meet the stated criterria and no ad
dditional park
king is requiired.
ount of seatin
ng in the existing restaurrant, the appplicants havee also reduceed the
By reduccing the amo
amount of
o parking necessary
n
to
o accommod
date restauraant customerrs. Thereforre, the miniimum
parking calculations
c
for the proposed develop
pment are ass follows:
Proposed
d Uses
Restauran
nt (Duck Deeli)
ms)
Residencce (3 bedroom
TOTAL
Sizze
37 seats (indoo
or)
18 seats (outdo
oor)
8 employees
6 occupancy
Ratiio
1/3 sseats
nonee required
1/3 eemployees
1/2 ooccupants
# Spaaces
12.3 sspaces
0.0 sspaces
2.7 sspaces
3.0 sspaces
18.0 sspaces
With thee addition of two (2) tu
urfstone park
king spaces in the fronnt yard of thhe residencee, the
applicantt is providin
ng a total of
o 18 parkin
ng spaces o n the subjeect property.. Thereforee, the
proposed
d development will comp
ply with the Town’s minnimum parkiing standardss.
As one of
o the existin
ng parking sp
paces in fron
nt of the resttaurant is AD
DA compliaant and adjoiins an
ADA acccessible ramp
p, standards for handicap
pped access are already met on site.
5
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b
Proposed
d Improvemeents to Existting Parking Area
During itts review off the applicattion, the Du
uck Planningg Board exprressed conceerns about ggravel
from the existing parrking lot beiing dragged into the righht-of-way, ccreating unsaafe conditionns for
cyclists and
a others. In responsee to this con
ncern, the appplicants revvised their pproposal andd site
plan to sh
how the add
dition of a fiv
ve foot (5’) wide
w sidewaalk within thhe right-of-w
way in front oof the
parking area
a
that wo
ould serve a dual purpose as a sidew
walk and conncrete apron. Prior to addding
the sidew
walk on the site plan, th
he applicantts consulted with VHB, the design//engineeringg firm
working on implemeentation of th
he Town’s Pedestrian
P
Pllan, on the loocation and specificationns for
the sidew
walk. The ap
pplicants haave proposed
d to install thhe sidewalkk and replacee the existingg pea
gravel paarking area with
w permeab
ble paving by
b the end off January, 20017.
Wastewaater Disposall (156.125):
Duck Deeli is presenttly served by
y an on-site septic system
m that was iinstalled as ppart of the rrecent
improvem
ments to thee restaurant. The resideence is preseently servedd by a separaate septic syystem
sized to accommodat
a
te the three-b
bedroom hou
use.
The appllicant has ob
btained appro
oval from th
he Dare Counnty Environm
mental Heallth Departmeent to
disconnect the resideence from itss existing sep
ptic system aand tie into tthe commerccial septic syystem
for the reestaurant. Th
he recently obtained
o
Heaalth Departm
ment approvaal will allow
w up to 37 seats in
the restau
urant and 18 seats in the outdoor din
ning area.
Signs (15
56.130):
The appllicant’s coveer letter statees, “A small sign will bbe required to let peoplle know whaat the
area is. The
T size and
d location off this sign wiill be permittted by the toown.” The T
Town’s standards
would peermit a smaall directionaal sign for this
t
purposee. Such siggn would reqquire review
w and
approval by the Com
mmunity Dev
velopment Department. N
No other siggn changes aare proposedd.
andards - 15
56.129(c)
Outdoorr Dining Sta
In additio
on to complliance with the
t tradition
nal developm
ment standarrds, outdoorr dining areaas are
subject to
o the followiing specific standards fo
or this type oof use:
1. Covered
C
outd
door dining areas shall not
n be encloosed with peermanent siddewalls and shall
not be air con
nditioned. Any
A permaneently enclossed space shhall be consiidered part oof the
in
nterior portio
on of the eating establish
hment.
The
T proposed
d outdoor din
ning area is an
a open-air sspace with nno roof or waalls.
2. Parking shalll be provideed for outdoo
or dining arreas in accorrdance withh the standarrds in
Section 156.0
094. The ap
pplicant shalll delineate the outdoorr dining areaa on a floor plan,
drrawn to scalle, and shall provide a caalculation off the square ffootage of thhis area.
As
A outlined above
a
in thee parking an
nalysis, the proposed im
mprovementts would proovide
en
nough parkin
ng to accom
mmodate the existing
e
andd proposed ddevelopment on the propeerty.
6
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b
3. Outdoor
O
diniing areas lo
ocated in the common space of grroup develoopments shaall be
directly contiguous to thee frontage off the unit conntaining the eating establishment.
This
T
standard
d is not ap
pplicable ass the subjecct property is not defiined as a ggroup
development..
4. The
T location and use off the outdoo
or dining arrea shall noot obstruct tthe movemeent of
pedestrians, goods
g
or veh
hicles, and sh
hall not be loocated in drivveways or pparking areass.
The
T proposed
d outdoor din
ning and enttertainment areas are located away from the paarking
arrea and walk
kways.
5. Outdoor
O
dinin
ng areas shaall not be loccated in requuired front yyards and lanndscape or bbuffer
arreas.
The
T proposed
d outdoor diining area iss located in a side yard and is not w
within a reqquired
bu
uffer area.
6. Adequate
A
sollid waste an
nd recycling containers shall be proovided and shall be servviced
an
nd maintained in a neatt and clean manner. Ouutdoor diningg areas shalll be kept frree of
liitter, debris and
a food refu
use at all tim
mes.
The
T applicantt plans to pro
ovide the con
ntainers andd comply witth these stanndards.
7. Live
L
music an
nd other forms of enterttainment connducted in ooutdoor dininng areas shaall not
occur after 10
0:00 p.m.
Per the appliicant’s proposal and thee recommennded conditiion, the appplicant intennds to
co
omply with this
t standard
d.
nts from Neeighboring Property
P
Ow
wners
Commen
The Tow
wn of Duck has
h received written com
mments from two abuttingg property oowners.
Tad & Deborah Gren
nga, 122 Giffford Circle:
ngas’ letter expresses
e
a concern
c
abou
ut potential nnoise levels from the prooposed
The Gren
entertainm
ment activitiies and asks if there is a curfew for eentertainmennt activities.
Franklin & Josephinee Crawford, 102 Marlin Drive:
The Craw
wfords’ email expresses a concern ab
bout potentiaal noise leveels from the proposed
entertainm
ment activitiies and increeased traffic.
ns & Questio
ons:
Responsee to Concern
Noise:
7
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b



The
T applicantts’ cover lettter states an intention off limiting thee entertainmeent to acousttic
music
m
with litttle amplification, which
h typically w
wouldn’t generate a signiificant amouunt of
noise. It is im
mportant to note
n that the type of mussic cannot bee enforced byy the Town.
The
T Town off Duck’s noisse ordinancee contains opperational staandards that are generallly
en
nforced by th
he Police Deepartment iff a noise viollation occurss. Unless theere is a speccific
reeason to beliieve that sign
nificant noisse will be gennerated, poteential noise issues are noot
ty
ypically deallt with durin
ng the site plaan review prrocess.
There
T
are insttances when
n noise issuess can be lesssened or mitiigated through design. T
The
lo
ocation of th
he proposed stage
s
is conssistent with m
many of thesse noise mitiigation
teechniques. The
T stage baacks up direcctly to a bulkkhead, whichh in turn backks up to a thhickly
wooded
w
hillsiide. These ty
ypes of featu
ures will reddirect and filtter much of the sound frrom
th
he stage awaay from adjoining residen
ntial propertties.
Curfew:
As noted
d in the conditions abovee, outdoor en
ntertainment activities m
must cease byy 10:00 p.m.
Traffic:
The seaso
onal net incrrease of 11 seats
s
to the reestaurant is uunlikely to rresult in any significant
increase of traffic alo
ong Duck Ro
oad or trafficc impacts to the Saltaire neighborhoood along Maarlin
Drive.
Consisteency w/ CAM
MA Land Use
U Plan
The Tow
wn of Duck’ss adopted CA
AMA Land Use
U Plan conntains the folllowing poliicy and objecctive:
POLICY
Y #4c/12b: Duck will rev
view and anaalyze developpment and reedevelopmennt proposalss for
consisten
ncy with the future land use
u map inclluded in thiss land use plan.
OBJECT
TIVE #12c: Enforce,
E
and
d amend as necessary,
n
th e Town zoniing ordinancce which
includes designation((s) of permittted and cond
ditional usess intensity annd density crriteria.
on, the adoptted Land Usse Plan contaains a Futuree Land Use M
Map that shoows the form
mer
In additio
property at 1223 Ducck Road as a Village Com
mmercial arrea and the foormer propeerty at 1221 D
Duck
Road as a Transitionaal area. Thee property at 1221 Duck Road was reezoned to thhe VillageCommercial (V-C) district
d
in 201
12 and the tw
wo parcels w
were recentlyy combined iinto a singlee
parcel off land.
k Planning Board
B
found that this dev
velopment pproposal and conditional use permit aare
The Duck
consisten
nt with the Town
T
of Duck CAMA Laand Use Plann.
8
Toown of Duckk, North Carrolina
Deepartment oof Communiity Development
C
CUP 15-0044, Duck Delii Outdoor Seeating
1221 & 1223 Duck Road
Agenda Iteem 4b
Planning
g Board Reccommendattion
At its pub
blic meeting
g on June 10,, 2015, the Duck
D
Planninng Board vooted 3-0 (withh member
Forlano recused
r
from
m voting and
d member Co
ofield abstainning from thhe vote) to reecommend
APPROV
VAL of this conditional use
u permit to
o establish aan outdoor seeating and enntertainmentt
area at 12
221 & 1223 Duck Road,, subject to the followingg conditions:
1. Lot
L coverage calculationss on the site plan must bbe corrected to include thhe existing ggravel
parking prior to consideraation by Ducck Town Couuncil.
2. The
T two park
king spaces in front of the
t residencee (noted as spaces 14 annd 15 on the site
plan) are to be designated
d for staff paarking.
3. The
T applican
nts must co
onstruct a five
fi foot wiide sidewalkk in the sppecified locaation,
acccording to the design specification
ns preparedd by VHB, aand replace the existingg pea
grravel parking area with permeable
p
paving
p
by thee end of Januuary 2017.
4. The
T applicantts must subm
mit an as-bu
uilt survey doocumenting all of the siite improvem
ments
att the compleetion of the work
w
describ
bed in Condiition 3.
5. The
T applican
nts must obttain approvaal from thee Communitty Developm
ment Departtment
prrior to installlation of any
y exterior lig
ghting, whicch must com
mply with thee Town’s ligghting
sttandards and
d may requirre a building permit.
6. Any
A
signage to be addeed must comply with the Town’ss Zoning O
Ordinance annd be
permitted by the Commun
nity Develop
pment Deparrtment priorr to installation.
7. Entertainmen
E
nt activities must
m
comply
y with all appplicable Toown standarrds, includinng the
noise ordinan
nce.
HMENTS
ATTACH
Attachmeent A
Attachmeent B
Attachmeent C
Attachmeent D
Attachmeent E
Attachmeent F
T
to
t Town Couuncil
Letter of Transmittal
Draft Find
dings and Co
onditions
Conditionaal Use Appliication and C
Cover Letterr
Location Map
M and Pro
operty Inform
mation
Site Plan
Written Co
omments fro
om Neighborring Property
ty Owners
- Tad & Deborah Grrenga, 122 G
Gifford Circlle
- Frankllin & Joseph
hine Crawforrd, 102 Marllin Drive
9
Return to:
Town of Duck
P.O. Box 8369
Duck, NC 27949
Document Prepared by:
Town of Duck
P.O. Box 8369
Duck, NC 27949
NORTH CAROLINA
TOWN OF DUCK
RE: Application by Forlano Properties, LLC, owner of the
property at 1221/1223 Duck Road for conditional use permit
to add a seasonal outdoor dining and entertainment area for
Duck Deli in the yard between the restaurant at 1223 Duck
Road and the residence at 1221 Duck Road. Outdoor
dining/entertainment is a conditional use in the VillageCommercial (V-C) zoning district.
Conditional Use Permit 15-004
Conditional Use Permit to expand
the existing Duck Deli restaurant by
establishing a seasonal outdoor
seating and entertainment area with
up to 18 seats at 1221/1223 Duck
Road.
On January 6, 2016 the TOWN COUNCIL OF THE TOWN OF DUCK, NORTH
CAROLINA considered an application for a Conditional Use Permit to add a seasonal outdoor
dining and entertainment area for Duck Deli in the yard between the restaurant at 1221/1223
Duck Road in the Village Commercial (V-C) zoning district in the Town of Duck, and the Town
Council FINDS AS FOLLOWS:
1. That the written application of Petitioners with attachments have been duly submitted to the
Town of Duck Planning Board as required by Town Code Section 156.036 and 156.145 of
the Town of Duck Zoning Ordinance (hereinafter referred to as “Code”);
2. That the application substantially complies with the requirements of the Code in that it
requests uses permitted by Conditional Use Permit, including a restaurant;
3. That the Petitioners own the property at 1221/1223 Duck Road, further identified as Dare
County Parcel Identification Number (PIN) 985912766311;
4. That the Town of Duck Planning Board recommended approval of the Conditional Use
Permit with conditions as described in the draft meeting minutes of the Planning Board
meeting of December 9, 2015 and as described in a transmittal letter to the Town Council
dated December 16, 2015;
5. That the Town of Duck is empowered under sections of the Code set out above to grant
conditional uses such as allowed herein and has received testimony at public hearing and
considered the application and received input as shall be reflected in the approved meeting
minutes;
6. That the hereinafter-described conditional use is deemed to be reasonable and is not in
derogation of the intent of this ordinance; and,
7. That the application IS consistent with the Town’s adopted CAMA Core Land Use Plan
related to the stated goals and objectives for commercial development.
NOW, THEREFORE, under the provisions of the Code, the following conditional use permit,
15-004, is approved with conditions to Forlano Properties, LLC, to add a seasonal outdoor
dining and entertainment area for Duck Deli at 1221/1223 Duck Road, subject to such conditions
as are hereinafter set out:
CONDITIONAL USE: This conditional use permit amendment hereby authorizes the addition
of a seasonal outdoor dining and entertainment area for Duck Deli in the yard between the
restaurant at 1223 Duck Road and the residence at 1221 Duck Road per the layout and
dimensions depicted on the attached site plan dated December 21, 2015 which is attached to and
made a part of this Permit.
CONDITIONS:
1. Lot coverage calculations on the site plan must be corrected to include the existing gravel
parking prior to consideration by Duck Town Council.
2. The two parking spaces in front of the residence (noted as spaces 14 and 15 on the site
plan) are to be designated for staff parking.
3. The applicants must construct a five foot wide sidewalk in the specified location,
according to the design specifications prepared by VHB, and replace the existing pea
2
gravel parking area with permeable paving.
completed by the end of January, 2017.
Both of these improvements must be
4. The applicants must submit an as-built survey documenting all of the site improvements
at the completion of the work described in Condition 3.
5. The applicants must obtain approval from the Community Development Department
prior to installation of any exterior lighting, which must comply with the Town’s lighting
standards and may require a building permit.
6. Any signage to be added must comply with the Town’s Zoning Ordinance and be
permitted by the Community Development Department prior to installation.
7. Entertainment activities must comply with all applicable Town standards, including the
noise ordinance.
3
THIS __6th__ date of _January____, 2016
SEAL:
ATTEST:
TOWN OF DUCK
By: ___________________________
Lori A. Kopec
Town Clerk
By: ___________________________
Don Kingston
Mayor
I, ______________________, a Notary Public of ________ County and State of
______________,
certify
that
_____________________________________________
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal, this _____ day of
_________________, 20___.
My Commission Expires: __________
_______________________________
Notary Public
STATE OF __________________
COUNTY OF ________________
5
THIS PERMIT AND THE CONDITIONS ARE ACCEPTED:
BY: _________________________________
_________________________________
Forlano Properties, LLC
6
Sandy Cross
From:
Sent:
To:
Subject:
Josephine Crawford <[email protected]>
Monday, November 30, 2015 8:55 PM
Joe Heard
Forlano use permit
Mr. Joseph H. Heard
Director of Community Development
Town of Duck, NC
Dear Mr. Heard:
We have received your letter of November 18, 2015 about the application by Forlano Properties,LLC
for a conditional use permit to expand the Duck Deli restaurant by establishing an outdoor dining area
with up to 18 seats and an entertainment stage.
We are the owners of the property at 102 Marlin Drive, a property that abuts Duck Deli, and we are
writing to object to the approval of this application. As has been repeatedly debated in the past, the
expansion of the Deli operation impinges directly on our property in terms of increased traffic and
noise pollution. It further degrades the neighborhood character of Saltaire which from its beginning
has been a community of single-family dwellings.
We trust the Planning Board will take our concerns into account as it considers this case.
Sincerely,
Franklin J. Crawford
Josephine N. Crawford
4603 Chevy Chase Blvd.
Chevy Chase 20815
tel. 301 656 2978
cc. Martin B. Crawford
Dallas, TX
1