TOWN OF DUCK
TOWN COUNCIL
REGULAR MID MONTH MEETING AND
SPECIAL JOINT MEETING WITH THE PLANNING BOARD
July 20, 2005
The Town Council for the Town of Duck convened a Special Joint Meeting with the Planning Board at the Duck Municipal Offices at 1:00 p.m. on Wednesday, July 20, 2005.
COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Neil Morrison; Councilor Nancy Caviness; and Councilor Monica Thibodeau.
PLANNING BOARD MEMBERS PRESENT: Chairman Ron Forlano; Vice Chair Jon Britt; Member John Jenkins; and Member Anne Darnall.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Planning Director Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; and Administrative Assistant Sandy Cady.
ABSENT: Planning Board Member Marilyn March.
Mayor Schwarz called the meeting to order at 1:00 p.m. He stated that there were two (2) requests for Conditional Use Permits before Council and the Planning Board. He went on to reference Planning Director Cotellessa’s memorandum and procedures for the meeting.
REVIEW AND COMMENT ON REQUESTS OF JAMES BRAITHWAITE FOR THE WATERFRONT SHOPS AT 1240, 1242 & 1246 DUCK ROAD
Staff Introduction
Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated that the first request was for three (3) Conditional Use Permits for the Waterfront Shops that seek amendments to existing permits and obtaining a new permit. She stated that the first amendment is for a restaurant seating expansion at the Blue Point Restaurant from 47 seats to 100 seats. The second is an amendment to allow a new carry-out deli in the vacant retail space near the Town office. She stated that the Blue Point Restaurant currently has 70+ seats, but based on the approval of the Dare County Health Department, it was only listed as having 47 seats. She stated there is a group development Conditional Use Permit for the Waterfront Shops as a whole. She stated the third application is for the new Village Commercial Development Option.
Planning Director Cotellessa pointed out that the Planning Board has to make recommendations on all Conditional Use Permits, with the Town Council making the formal action on land uses and site plans after a public hearing. The staff takes the site plan, conditions, and any amendments that Council passes and turns it into a final site plan, works with the applicant, and then building construction is authorized. During the building construction, staff will go out and make sure that what is approved is what is realized out in the field.
Planning Director Cotellessa went on to point out the issues with respect to the site plan to Council, the Planning Board and the audience. She also showed some photos of the Waterfront Shops as well as aerial photos, pointing out what is requested from the applicant.
Mayor Pro Tempore Beres asked if there will be any access for parking from the north lot. Planning Director Cotellessa stated it will only be for employee parking and deliveries.
Councilor Morrison asked if the north lot would be paved. Planning Director Cotellessa stated that the site plan has it as gravel.
Planning Director Cotellessa reviewed the topics of discussion, such as site circulation, parking, land use, environmental and general site design issues, solid waste, loading, architecture, lighting and signage.
Planning Director Cotellessa reviewed the staff recommendations with Council, the Planning Board and the audience.
Applicant Presentation
Jim Braithwaite was recognized to speak. Mr. Braithwaite stated he is proposing to expand the Blue Point Restaurant and add a take-out deli. He stated that he has an issue with counting the second floor space as retail with respect to parking as they are accessed differently and he could not charge the rent like he could to the stores that are on the first floor. He stated that Blue Point uses the second floor for storage.
Jim Braithwaite stated that he plans to pave the north parking lot and put in a vegetative buffer. Mayor Pro Tempore Beres asked Mr. Braithwaite if he had planned to pave the entire parking lot or just the drive aisle. Mr. Braithwaite stated he would pave the entire lot. He stated he would irrigate the vegetative buffer and will comply with the signage regulations. He stated he wants to move the vegetable stand and put it near Duck’s Cottage and Coffee Shop. He stated that he is giving up two parking spaces on his property so Stan White Realty can access their property and park more cars there.
Mayor Schwarz stated that he didn’t think it was clear to the public that the parking behind Stan White Realty was open to anyone. Town Manager Layton asked if there were signs up stating that the parking was for the general public. Mayor Schwarz stated there weren’t. Mr. Braithwaite stated that the parking lot is not technically open to the public. Mayor Schwarz asked Mr. Braithwaite if he has an agreement with Stan White to allow the public to park in that lot. Mr. Braithwaite stated he does not have any agreement with Stan White.
Jim Braithwaite stated that the water tower has created a ponding issue with stormwater runoff. He suggested culverts be put in to move the water to the canal. He stated that the majority of the stormwater runoff for the Waterfront Shops runs to a culvert by the coffee shop and never runs to the street. He stated he would like to have a sound front walkway, but felt it would be premature at this point. He stated his biggest issue is the second floor storage space.
Don Zerbe was recognized to speak. Mr. Zerbe stated that there is never anyone on the second floor as it is a storage area. He stated he does not understand how it could be included in the square footage.
Mayor Pro Tempore Beres stated that part of the question is if the second floor is actually just storage or if it is really occupied space. Planning Director Cotellessa stated that the reason the second floor space is being discussed is because the parking is based on gross square footage for retail space. She stated that gross square footage includes office space, storage space and retail space. She stated the parking is based on the gross square footage. She stated it is a technical calculation.
Member Anne Darnall stated that the space on the second floor is a nice bonus for storage space. She asked what the second floor space at the Blue Point was being used for. She stated that the plans show it as being used for the restaurant.
John Power was recognized to speak. Mr. Power stated that the second floor for the expansion will be unfinished space that the restaurant will try to access. Member Darnall asked if it was banquet space. Mr. Power stated it wasn’t. He stated that the space is used for storage and an office area. He stated the current second floor will be used for an office and the attic space above the kitchen will house the HVAC units, water heaters and whatever storage he could fit in.
Mayor Schwarz stated that Council and the Planning Board needs to be clear on how the parking will be calculated. Planning Director Cotellessa stated that a determination could be made how to count the parking spaces. She stated that net versus gross parking spaces may require a code change.
Councilor Thibodeau asked how much of an impact would storage space have. Planning Director Cotellessa stated that she did not know at this point as the site plan is a proposal only. The calculation includes the first floor leased for retail space, but not the second floor with the exception of the Town office space.
Member John Jenkins asked if there will be sufficient parking if the amendment is adopted. Planning Director Cotellessa stated there will be periods of time where the parking will not be sufficient, such as summer days when it is raining.
Mayor Schwarz asked that Jim Braithwaite finish his presentation.
Jim Braithwaite stated that the loading area at the west end could be extended so as not to block cars. He stated that he would like an additional restroom, but would need to find space to do it. He stated that John Power is committed to a quality project as is he. He stated that the reason for the deli would be to bring more traffic to the development.
Councilor Caviness asked where the trash dumpsters would be located. She wondered how the individual dumpsters and restrooms would be maintained. Planning Director Cotellessa stated that there are dumpsters near the Blue Point Restaurant, but there are parking spaces in front of them. She stated that she has asked that it be striped to show that there is no parking in front of them.
Member Darnall stated she is not in favor of adding public restrooms to the Waterfront Shops. She asked why public restrooms are provided. She stated she understands that they are an amenity, but they need constant attention. She stated that she is concerned about the employees of the shops having a place to use. Mr. Braithwaite stated that clean restrooms are a plus for the public as they will keep coming back to the shopping center if they know the restrooms are clean.
Councilor Thibodeau stated that she thinks that the restrooms are a value to the public. She felt they were necessary.
Mayor Schwarz asked what the requirement was for public restrooms. Planning Director Cotellessa stated that there is not a specific requirement with regard to public restrooms.
Chairman Ron Forlano asked if the area between Stan White Realty and the vegetable stand will be accessed for parking. Jim Braithwaite stated that the drainfield is in that area.
Vice Chair Jon Britt suggested Mr. Braithwaite obtain permission to use the Stan White parking for a dumpster area. Mr. Braithwaite stated he could ask.
Chairman Forlano asked if the pond would accept any more stormwater runoff. Mr. Braithwaite guessed that there is too much water in the street. He stated that if NCDOT put in a culvert, it would solve the problem. He stated that NCDOT created the problem and should correct it.
Chairman Forlano stated he had an issue with stormwater runoff created by putting concrete on the new parking lot. He stated that it looks like it is elevated from the street and he sees water running down into the street. Mr. Braithwaite guessed that a drain could be put in the middle.
Dave Ryan of Bissell Professional Group stated that two (2) green areas could be utilized as a retention area. He stated that a drain could be put in there to alleviate any runoff into the street. Chairman Forlano stated it could work, but if the water table is high, it wouldn’t be very effective.
Member Jenkins stated that he agreed with Chairman Forlano’s concerns. He stated he is also concerned about parking on the new lot. He stated that there were a lot of cars on the lot late in the day. He asked if there were any controls in place for the lot. Mr. Ryan stated that there are parking spaces and the loading zone. He stated there will not be parking where the loading zone is. Mr. Braithwaite stated that there is a dumpster there, but with the new configuration there would be nowhere to park. He suggested erecting a sign stating it was for employee parking only.
Councilor Thibodeau stated she liked the idea of making the lot permeable. Mr. Braithwaite stated he thought the Town would want it paved. He stated that he thought the fire department had wanted it paved as well to withstand 72,000 pounds of pressure. Mr. Ryan stated that asphalt or concrete would be provided to withstand the load with the parking area filled with Turf Stone or pavers.
Chairman Forlano suggested that the drive aisle be crowned so that the water would run off to the pavers.
Group Discussion and Comment
Mayor Schwarz stated the next step would be to look at the staff’s suggestions and determine which ones would be incorporated into the recommendations.
Planning Director Cotellessa stated that the first item was whether or not to include the second floor area in the square footage. She stated that she felt the consensus was to leave out the second floor storage area. It was consensus of Council and Planning Board to omit the upper level storage area square footage from the parking equation.
Planning Director Cotellessa stated that the second item was the drive aisle portion on the northern part of the site and the stormwater retention area. It was consensus of Council and Planning Board to make sure there is concrete and/or asphalt at the loading end and to address the stormwater retention area.
Mayor Pro Tempore Beres asked if the fire department could provide specific square footage needed for the required parking. Vice Chair Britt stated he would get the specifications for the parking.
Planning Director Cotellessa reviewed other items for the Conditional Use Permit, such as the fire separation of the Blue Point Restaurant and Tommy’s; locating on the site plan the vegetable cart and the electrical meter with the stairs of the coffee shop; eliminating the conflicts regarding parking and waste container locations; addressing the parking spaces and access to the rear of Stan White Realty; relocating the vegetable stand; designating a well marked loading space to avoid blocking parked vehicles; and addressing the circulation with respect to vehicles backing out and providing a turnaround.
Planning Director Cotellessa reviewed the conditions of the Conditional Use Permit for Council and the Planning Board. Conditions reviewed were signage, soundfront boardwalk and an additional public restroom.
Planning Board Recommendation
Chairman Forlano asked for Planning Board comments.
Vice Chair Britt asked if the public restrooms will be required to be shown on the site plan. Planning Director Cotellessa stated that the summary stated that the public restrooms were a good idea. Councilor Morrison felt it was important and necessary to have public restrooms. Chairman Forlano agreed with Councilor Morrison’s comments. He suggested a free-standing building near the pond instead of using retail space. Vice Chair Britt agreed that another restroom is needed as long as it is hidden.
Member Darnall moved to approve the three Conditional Use Permits as listed with changes. Vice Chair Britt seconded the motion.
Motion approved 4-0.
Schedule Public Hearing Before Town Council
Mayor Schwarz stated that if Mr. Braithwaite could make the changes by July 29, 2005, a public hearing would be held at the Council’s August 3, 2005 regular meeting. He stated that if the deadline could not be met, Mr. Braithwaite should contact Town Manager Layton or Planning Director Cotellessa.
Mr. Braithwaite thanked Council and the Planning Board for their time.
Mayor Schwarz recommended a ten minute recess. The time was 2:07 p.m.
REVIEW AND COMMENT ON REQUESTS OF RICHARD A. HERRON, JR. OF HERRON’S WATERFRONT RESTAURANT AT 1174 DUCK ROAD, WITH OFF-STREET PARKING AT 1167 DUCK ROAD
Mayor Schwarz reconvened the meeting at 2:21 p.m.
Staff Introduction
Planning Director Cotellessa was recognized to speak. She stated that this project does not anticipate any building additions, but is a use issue and a conformance with previously approved issue. She stated that the first permit is for the restaurant seating area. The Dare County Health Department approved 128 seats with Mr. Rick Herron looking to add 90 seats to the second floor area of the comedy club. She went on to review with Council and the Planning Board her findings of the current conditions at the property as well as what needs to be accomplished and what has been required of Mr. Herron.
Applicant Presentation
Rick Herron was recognized to speak. Mr. Herron stated he is trying to breathe new life into the restaurant. He stated that Lisa Kaufman, who owns the comedy club, suggested having the comedy club at the restaurant. He stated he would like to give the citizens and visitors of Duck some nighttime entertainment.
Mayor Pro Tempore Beres asked how long the comedy club has been in operation. Mr. Herron stated it has been in operation since the end of May, 2005.
Lisa Kaufman was recognized to speak. Ms. Kaufman stated the club will end in September as the club will only be open on the weekends after September. She stated that the comedy club itself has been on the Outer Banks for the past twenty-two (22) years. She felt that Duck wants the comedy club there as she has gotten very good feedback from people in Town.
Group Discussion and Comment
Planning Director Cotellessa pointed out that the overriding condition is that this use is temporary. If the condition does pass and a site plan is not brought forward as well as going through the process, the CUP will become invalid. She stated they must come back by January 1, 2006. She stated it legitimizes what is happening now.
Mayor Pro Tempore Beres asked if Mr. Herron’s plan was to come back by January with a site plan for the restaurant as well as the adjacent parking. Mr. Herron stated he was correct. He stated he has put in gravel recently. He stated that he gets a lot of walk-in business.
Member Darnall asked if the CUP is required. Planning Director Cotellessa stated that the Town’s regulations require restaurants to have a CUP. They do not require a comedy club to have a CUP, but anytime the seating is changed, it is needed. Member Darnall asked for clarification. Planning Director Cotellessa stated that the Planning Board is being asked to approve the amendment of the Conditional Use Permit for the restaurant to include the comedy club on the site as it exists for a temporary period subject to submission of a new site plan.
Member Jenkins stated he didn’t fully understand the additional impacts of the septic needs and parking. He stated that the CUP was given and has been operating as a nonconforming use for years. He asked if there would be a deadline for completion of items to pursue.
Chairman Forlano agreed with Member Jenkins. He stated that the Town wants to keep the restaurant open and viable, but wants a guarantee that the ills that are on the site plan will be corrected.
Planning Director Cotellessa clarified what the CUP would do for the restaurant to Council and the Planning Board.
Member Darnall stated that she echoes Member Jenkins’ concerns.
Vice Chair Britt stated he has a hard time penalizing someone for conditions that were created by others. He stated that the timetable seems reasonable.
Planning Board Recommendation
Chairman Forlano moved to accept the comedy club existence in the restaurant on a temporary basis.
Councilor Caviness asked for clarification on the septic. She asked that if the Department of Health says no to the additional seating, would the condition be denied. Planning Director Cotellessa stated that the CUP would be void. She stated that nothing has been approved yet as this meeting was not a public hearing. Councilor Caviness asked if they denied it after the CUP has been approved, would it still be voided. Planning Director Cotellessa stated that the Health Department would submit a letter stating that the restaurant is authorized to have X number of seats.
Chairman Forlano reiterated the motion to accept the CUP amendment and Village Commercial Development Option for approval, to expire on March 31, 2006, with the condition that Herron’s submit a revised site plan no later than January 1, 2006.
Member Jenkins seconded the motion.
Motion carried 4-0.
Schedule Public Hearing Before Town Council
Mayor Schwarz thanked the Planning Board. He stated that this CUP will be scheduled for Council’s August 3, 2005 regular meeting as a public hearing. He thanked Mr. Herron and Ms. Kaufman for their time.
ADJOURN TOWN COUNCIL MEETING/JOINT WORKSESSION
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 2:45 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor