Public Hearing/Discussion/Consideration of CUP

AGENDA:
June 4, 2014
Regular Meeting
ITEM #5B:
Public Hearings
B.
Public Hearing/Discussion/Consideration of CUP #14-002, a
Conditional Use Permit Application by Craig Readman of
Treehouse Coffee to convert Units 3 and 4, Building #3 at
Scarborough Faire Shops from retail space to an eating
establishment as defined in Town Code Section 156.002. The
property is owned by Walter Story and is located at 1177 Duck
Road. This application will be considered in accordance with
Town Code Section 156.129, Eating Establishments.
RECOMMENDED ACTION:

Public Hearing/Consideration of CUP #14-002
SUMMARY OF INFORMATION:
The applicant, Craig Readman of Treehouse Coffee, is requesting a conditional use
permit, pursuant to Town Code Sections 156.129 and 156.145, to authorize an eating
establishment in Units 3 and 4 of Building #3 in the Scarborough Faire Shopping Center
(formerly The Culinary Duck). The business will be a counter service coffee shop and the
applicant is currently not proposing any indoor seating.
The Planning Board reviewed this application at its May 14, 2014 regular meeting and
recommended to approve the request as submitted.
ATTACHMENTS:



Letter of Transmittal from the Planning Board Chair
Staff Report w/ Attachments
Draft Conditional Use Permit 14-002
TOW
WN OF DUC
CK, NORTH CAROLINA
A
May 28, 2014
Mayor Don
D Kingston
n
Memberss of the Tow
wn of Duck Council
C
P. O. Box
x 8369
Duck, NC
C 27949
RE:
CUP
C
14-002, Conditionall Use Permitt for Tree Hoouse Coffee 1177 Duck Road
Dear Mayor Kingston
n and Memb
bers of Coun
ncil:
wn of Duck Planning
P
Bo
oard has com
mpleted its rreview of CU
UP 14-002, a request byy Mr.
The Tow
Craig Reeadman to peermit a 1,200
0 square foot eating estaablishment, T
Tree House C
Coffee, in unnits 3
and 4 of the Scarboro
ough Faire Shops.
S
The Plan
nning Board
d discussed CUP 14-002 at its reegular meetting on Maay 14, 20144 and
recommeended appro
oval of the application
a
as
a submittedd. As part of this recoommendationn, the
Planning
g Board mad
de affirmatiive findings that the reequest is coonsistent witth the goalss and
objectivees of the Tow
wn of Duck zoning ordiinance (Secttion 156.1299 and 156.1445) as well aas the
Town of Duck CAM
MA Land Usee Plan.
Sincerely
y,
Joe Blakaaitis, Chair
Town of Duck Plann
ning Board
P. O. Bo
ox 8369 ● Duck,
D
North Carolina 279949
252-255-1234 ● 252-255-1
1236 (fax) ● www.townnofduck.com
m
Town of Duck, North Carolina
Department of Community Development
CUP 14-002 Tree House Coffee
1177 Duck Road (Scarborough Faire)
Agenda Item 5B
To:
Mayor Don Kingston and Members of the Town of Duck Town Council
Christopher J. Layton, Town Manager
From:
Andy Garman, Director of Community Development
Date:
May 28, 2014
Re:
Staff Report for CUP 14-002, 1177 Duck Road, Tree House Coffee
Scope of Request
Application:
Project Location:
Existing Use(s):
Proposed Use(s):
Property Owner:
Total Area of Property:
Zoning:
Applicant/Contact:
Meeting Date:
CUP 14-002
1177 Duck Road (Scarborough Faire)
Mixed Use Group Development
Eating Establishment as Part of a Mixed Use Group
Development (Tree House Coffee)
Walter Story
2.76 Acres
VC – Village Commercial
Craig Readman, Treehouse Coffee
June 4, 2014, 6:30 pm
Summary of Proposal
The applicant, Craig Readman of Treehouse Coffee, is requesting a conditional use permit,
pursuant to Town Code Section 156.145, to authorize an eating establishment in Units 3 and 4 of
Building #3 in the Scarborough Faire Shopping Center (formerly The Culinary Duck). This
project will be reviewed in accordance with the requirements of Town Code Section 156.129
Eating Establishments. The business will be a counter service coffee shop and the applicant is
currently not proposing any indoor seating. The porch area directly adjacent to the unit is
approximately 208 square feet. While an outdoor dining area is not being proposed, the Town
would require parking for this area.
The proposed floor plan for the eating establishment is included as Attachment E for the Town
Council’s reference. The applicant has also provided a copy of his proposed menu for the eating
establishment.
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Town of Duck, North Carolina
Department of Community Development
CUP 14-002 Tree House Coffee
1177 Duck Road (Scarborough Faire)
Agenda Item 5B
Discussion
Eating Establishment Use
The eating establishment use is subject to the requirements of Town Code Section 156.129 as
well as the parking requirements outlined in Town Code Section 156.094. The applicant has
provided an interior floor plan depicting the layout of the customer service areas, retail space,
utility areas, restrooms, and the kitchen area. The Town’s Building Inspector and Fire Marshall
has reviewed the layout for these areas and has indicated that the building code requirement for
egress has been met. Staff has reviewed the application for consistency with the following
standards pertaining to outdoor dining areas:
(C) Outdoor dining areas. Eating establishments may contain outdoor dining or seating
areas, provided they meet the standards in this section.
(1) Covered outdoor dining areas shall not be enclosed with permanent sidewalls and
shall not be air conditioned. Any permanently enclosed space shall be considered part of
the interior portion of the eating establishment.
(2) Parking shall be provided for outdoor dining areas in accordance with the standards
in § 156.094. The applicant shall delineate the outdoor dining area on a floor plan,
drawn to scale, and shall provide a calculation of the square footage of this area.
(3) Outdoor dining areas located in the common space of group developments shall be
directly contiguous to the frontage of the unit containing the eating establishment.
(4) The location and use of the outdoor dining area shall not obstruct the movement of
pedestrians, goods or vehicles, and shall not be located in driveways or parking areas.
(5) Outdoor dining areas shall not be located in required front yards, landscape or buffer
areas, and septic areas.
(6) Adequate solid waste and recycling containers shall be provided and shall be
serviced and maintained in a neat and clean manner. Outdoor dining areas shall be kept
free of litter, debris and food refuse at all times.
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Town of Duck, North Carolina
Department of Community Development
CUP 14-002 Tree House Coffee
1177 Duck Road (Scarborough Faire)
Agenda Item 5B
(7) Live music and other forms of entertainment conducted in outdoor dining areas shall
not occur after 10:00 p.m.
Staff finds that generally the requirements listed in this section have been complied with. As
noted on the site plan drawing, the former retail space required six parking spaces. The
minimum parking requirement for eating establishments is five parking spaces. The applicant
would be required to provide one parking space for the outdoor dining area (the outdoor area is
208 square feet, the first 150 square feet does not count toward the parking requirement, the
remaining area would need one space). Since no interior seats are proposed, no parking for
indoor seating would be specified. The applicant is proposing no more than three employees.
Therefore, there would be one parking space required for employees. Since the applicant has six
spaces available based on what was formerly required for the two retail units, the applicant could
add up to 12 indoor seats without additional parking (1 parking space for every three indoor seats
is required). Based on the parking analysis provided above, it appears that the applicant has met
the parking requirements of the Town Code.
Staff and Planning Board Recommendation
Staff believes that the proposed request is consistent with the town’s zoning ordinance
requirements as well as the town’s CAMA Land Use Plan. Staff would recommend approval of
CUP 14-002 related to the eating establishment use.
The Planning Board reviewed this item at its May 14, 2014 regular meeting and recommended
approval of CUP 14-002 as presented. A draft Conditional Use Permit document for CUP 14002 is included as Attachment F for the Town Council’s reference.
ATTACHMENTS
A.
B.
C.
D.
E.
F.
CUP Application
Property Location Map
Tax Parcel Information
Proposed Site Plan
Interior Floor Plan – Eating Establishment
Draft Conditional Use Permit Document
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Property Location
1177 Duck Road
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CHRIS
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Prepared by the Town of Duck
Last Updated May 7, 2014
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Parcel Card
Parcel Number:
026906000
Print Date: 4/15/2014
County of Dare, North Carolina
*Owner and Parcel information is based on current data on file and was last updated on 4/11/2014
Owner Information:
STORY, WALTER E
140 CULPEPER ST WARRENTON VA 20186
Parcel Information:
Parcel: 026906000 PIN: 985916838822
District: 21 - DUCK
Subdivision: OCEAN DUNES SEC 1
LotBlkSect: LOT: LOT C & BACK PARCEL BLK: SEC:
Multiple Lots: BLDG 3
PlatCabSlide: PL: A SL: 65 Units: 3
Deed Date: 06/29/1981 BkPg: 0313/0466
Property Use: MULTI-USE
1177 DUCK RD
BUILDING USE and FEATURES
Building Use:
Exterior Walls:
Full Baths:
Bedrooms:
Heat-Fuel:
Heat-Type:
Air Conditioning:
RETAIL MULTI OCCUP
Half Baths:
Current Building Value: $1,822,900 Actual Year Built: 1983
Finished sqft for building 1: 3857
Total Finished SqFt for all bldgs: 25514
MISCELLANEOUS USE
LAND USE
Current Misc Value: $0 Current Land Value: $1,358,300 Land Description : 21-Commercial Highway Primary
TOTAL LAND AREA: 2.763 acres
Current Total Value: $3,181,200 http://www.darenc.com/public/parcelcard.asp?Parcel=026906000[4/15/2014 3:52:01 PM]
Parking Revision for Treehouse Coffee
Units 3&4 = 1,191 sq. ft.
Retail Parking Req'd @ 1 per 200 sq. ft. = 6 spaces
Minimum Parking for Eating Establishment = 5 spaces
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 of Craig Readman on behalf
of Walter Story, property owner of 1177 Duck
Road, to approve a 1,200 square foot eating
establishment in Units 3 and 4 of Building #3
of the Scarborough Faire Shops.
Conditional Use Permit 14-002
CUP 14-002 subject to Town Code Sections
156.129 (Eating Establishments), 156.034
(V-C Village Commercial District) and
156.145 (Conditional Use Permits).
On June 4, 2014, the TOWN COUNCIL OF DUCK, NORTH CAROLINA conducted a public hearing
and considered an application for a Conditional Use Permit for a 1,200 square foot eating establishment in
Units 3 and 4 of Building #3 at 1177 Duck Road (Scarborough Faire Shops), subject to a conceptual site
plan and floor plan as submitted, and FINDS AS FOLLOWS:
1. That the written application of Petitioners with attachments as submitted April 14, 2014 and HAS been
duly submitted to the Town of Duck Planning Board and Town Council as required by Town Code
Sections 156.034, 156.129 and 156.145 (hereinafter referred to as “Code”) and that advertising and
notification have been accomplished consistent with zoning ordinance section 156.145;
2. That the application COMPLIES with the use requirements of the Code in that it requests uses
permitted by Conditional Use Permit in the V-C Village Commercial zoning district;
3.
That the Petitioner owns the property at 1177 Duck Road [PIN 985916838822], located in the
Village Commercial zoning district of Duck;
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4. That the application as submitted may be approved by conditional use permit pursuant to Town Code
Section 156.034 (C)(4);
5. 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 May 14, 2014 and
as described in a transmittal letter to the Town Council dated May 28, 2014.
6. 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;
7. That the proposed conditional use, with submission of conceptual site plan and attached exhibits
thereto, subject to revisions, modifications and conditions described below, IS deemed to be reasonable,
IS NOT in derogation of the intent of this ordinance, and SATISFIES the purpose and intent of the Town
of Code of Ordinances;
8. That the application IS consistent with the Town’s adopted CAMA Core Land Use Plan in that it
proposes uses consistent with the Town’s goals and objectives for quality commercial development in the
Town of Duck.
NOW, THEREFORE, under the provisions of the Code, the requested conditional use permit, 14-002, is
APPROVED WITH CONDITIONS to Walter Story, property owner, subject to such conditions as are
hereinafter set out:
CONDITIONS:
1. That the applicant develop the property in substantial conformance with the submitted conceptual
site plan and floor plans submitted on April 14, 2014.
2. Any live music or other forms of entertainment conducted at the outdoor dining area shall cease by
10 pm.
3. That trash receptacles shall be appropriately placed in the outdoor dining area and serviced and
maintained in a neat and clean manner.
4. Any change to the layout of the seating area of the eating establishment shall be approved by the
Town of Duck Building Inspector and Fire Marshal and any increase in the number of customer
seats or the total floor area of the outdoor dining area shall require approval by the Town.
5. That the egress areas shall remain open and unobstructed at all times.
6. That no service to patrons shall occur outside of the outdoor dining area.
7. That the proposed men’s and women’s restroom shall be remain open for use by the general
public.
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8. All other terms and provisions of the Code of the Town of Duck and of the CUP herein amended
shall remain in full force and effect except as herein lawfully permitted otherwise.
9. A violation of this Permit will be a violation of the Code and punishable as therein provided.
10. That the Petitioners shall accept these terms as indicated by appropriate signatures appearing on
page 3.
11. This document shall be recorded with the Dare County Register of Deeds office and returned to
the Town within 60 days of the approval date of this application by the Town Council.
THIS _______ date of _____________, 2014
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 ________________
THIS PERMIT AND THE CONDITIONS ARE ACCEPTED:
BY: ___________________________
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