TOWN OF DUCK
PLANNING BOARD
SPECIAL JOINT MEETING WITH THE TOWN COUNCIL
December 14, 2005
The Town Council for the Town of Duck convened a Special Joint Meeting with the Planning Board at the Duck Municipal Offices at 6:30 p.m. on Wednesday, December 14, 2005.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Denver Lindley, Jr.; Councilor Nancy Caviness; and Councilor Bart Smith.
PLANNING BOARD MEMBERS PRESENT: Chairman Ron Forlano; Vice Chair Jon Britt; Member John Jenkins; Member Marilyn March; 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: None.
Mayor Morrison called the meeting to order at 6:30 p.m. Chairman Forlano led the Pledge of Allegiance. Mayor Morrison led the moment of silence.
NEW BUSINESS
REVIEW AND COMMENT ON APPLICATION OF PRK LAND COMPANY, LLC BY RICHARD KOWALEWITCH, PRESIDENT, WITH PROJECT REPRESENTATIVE BOB EVANS, FOR NEW CONSTRUCTION AS FOLLOWS:
CUP-05-07: APPLICATION OF PRK LAND COMPANY, LLC, TO APPROVE A NEW CONDITIONAL USE PERMIT UNDER THE VILLAGE COMMERCIAL DEVELOPMENT OPTION FOR CONSTRUCTION OF A NEW BUILDING WITH APPROXIMATELY 2,000 SQUARE FEET OF RETAIL SPACE AND AN APPROXIMATELY 1,200 SQUARE FOOT APARTMENT AT 1176 DUCK ROAD
Staff Introduction
Chairman Forlano stated that approximately one month prior, the Planning Board had a courtesy informal meeting with the applicants. At that time, the Planning Board allowed comments from the applicants with the applicants voicing a lot of frustration with the system the Town has in place. He stated there was a lot of emotion expressed as well. He cautioned the applicants that as the process goes on, it will become more and more formal in the way the meetings are conducted. He stated that first meeting was informal and suggested that the applicants be aware of the more formal nature of the process.
Chairman Forlano stated that the purpose of the joint meeting on the Village Commercial Development Option was to deal with challenges to the existing lots in Town along with the restrictions on them. He stated that Council and the Planning Board will work to get the project up and running as well as having a project that the Town is happy with. He asked for cooperation from all applicants so Council and Planning Board can do their best to cooperate with them. He then asked staff to do the introduction.
Mayor Morrison asked Council, Planning Board and the applicants to keep their comments in a polite and professional manner and to keep their focus on the project that is being considered. He asked that during group discussion and comment, give a sign or raise a hand to be recognized so there is no one talking over someone.
Planning Director Cotellessa was recognized to speak. She stated the application is for a Village Commercial Development Option for a new project at 1176 Duck Road. She stated that the Village Commercial Development Option is a very flexible review process to make sure the scale and architectural character of new projects as well as additions and changes to old projects will be compatible with the Village Commercial District. She stated that the Town has had a linear development in the Village because of site constraints and are looking for opportunities for shared parking, to limit vehicular cuts in and out of the smaller properties, to accommodate pedestrians and to reinforce the idea that the Village Commercial District is an excellent place to live and work.
Planning Director Cotellessa went on to give a background on the process for the Conditional Use Permit process to Council, Planning Board and the audience. She went on to show a presentation on the property, what the applicants are looking to accomplish and what the Town requires of the applicants.
Applicant Presentation
Bob Evans was recognized to speak. Mr. Evans stated that he had come to the meeting with a new package for Council and the Planning Board to review. He stated that he disagrees with the staff report and read from his report. He stated that he felt the use of the property was a by-right use. He stated that they feel they have the right to develop the property and wish to develop it. He stated they have reduced their parking spaces by one due to employees that will be living on site. He went on to give an overview of his report to Council, the Planning Board and the audience.
Mr. Evans stated that they expended substantial time and visits with the adjacent property owners to create a better situation with them but it did not work out. He stated that they had their engineer prepare a plat of easement and presented it to the adjacent property owners. Only one of the property owners was not in agreement with the easement. He went on to discuss ingress and egress with Council, the Planning Board and the audience.
Mr. Evans stated that they wish to have trash carts on the site as opposed to a trash dumpster. He felt that there would not be a lot of trash coming from the store so there would not be a need for a dumpster.
Mr. Evans reviewed the CAMA thirty (30) foot setback, planting, vegetative buffers, lot coverage, outside storage, stormwater, as well as the fencing on either side of the property. He stated that he did not receive an engineer’s review from Planning Director Cotellessa until December 9, 2005. He stated he has since addressed her concerns and made some modifications to the site plan in regard to water flow and drainage. He stated that the owners of Swan Cove Restaurant have made a commitment to work with them in removing the fence to provide for safe pedestrian movement between the two properties. He stated that he anticipates a commitment from the other adjacent property owner on their fence as well.
Mr. Evans reviewed the architecture and signage and lighting for the property. He handed out a copy of the proposed sign to Council and the Planning Board.
Mr. Evans stated that he hopes that Council and the Planning Board would not hold up the process any further. He stated they had hoped to open the store prior to the end of the 2005 summer season. He stated that they have diligently addressed all concerns in a positive and appropriate manner.
Mr. Evans stated that when Mr. Kowalewitch went before staff on December 12, 2005, they were informed that staff did not know what should be applied for and handed him identical paperwork that was submitted earlier in the year.
Mr. Evans went on to summarize his agreement and disagreement with staff recommendations on various issues and why. He then went on to review the line item responses to the matrix comments with Council, Planning Board and the audience.
Mr. Evans stated that he was shocked and pleased with the email he had received from Planning staff earlier in the day stating that John Boyd was in favor of shared access. However, he realizes that he may not be able to get everyone to agree to shared access.
Mr. Evans explained to Council, Planning Board and the audience the definition of a surf shop – a store that sells clothes under the guise of being an athletic meeting place or also known as a store front. Mr. Evans thanked everyone for their time.
Mayor Morrison called for a five minute recess. The time was 7:58 p.m.
Mayor Morrison reconvened the meeting at 8:05 p.m.
Group Discussion and Comment
Mayor Morrison reminded Council and Planning Board to raise their hand when they wish to discuss or comment. He stated that individuals may speak as long as they wish.
Member John Jenkins was recognized to speak. Member Jenkins asked how many owners are in the condo shopping center on the north side. Bob Evans stated that he believed there were 5-6 unit owners. Rick Kowalewitch stated there are four (4) owners. Mr. Kowalewitch stated that all owners with the exception of the owner of Surfside Casuals were in favor of shared access. He stated he had spent two (2) months working with the owners to get something worked out. Bob Evans stated he was disappointed that all of the owners were not in favor of the shared access.
Member Marilyn March was recognized to speak. Member March asked Planning Director Cotellessa if she had an opportunity to review the newer package that Mr. Evans had brought in as opposed to the original one that was in the agenda packets. Planning Director Cotellessa stated she had received the package the same time Council and Planning Board had and had not had a chance to review it. Member March asked Planning Director Cotellessa if she had a chance to review the objections in the package to see if they were completely addressed. Planning Director Cotellessa stated she hadn’t.
Mayor Pro Tempore Monica Thibodeau was recognized to speak. Mayor Pro Tempore Thibodeau asked Member March to clarify her question to Planning Director Cotellessa. Member March stated that the package that was received earlier in the week was different than the package that was received at the meeting by Mr. Evans and Mr. Kowalewitch. She stated that her question to Planning Director Cotellessa was if she had seen the newer package prior to the meeting and if she was able to give insight regarding the items in the first package were resolved by the items in the second package. Mayor Pro Tempore Thibodeau stated that she understood that the first package that was received had highlighted issues that still needed to be addressed. She stated that what she just heard from Mr. Evans were the attempts to address them. Member March stated she was correct. She stated she wanted to know if Planning Director Cotellessa had had an opportunity to assess the second package.
Chairman Ron Forlano was recognized to speak. Chairman Forlano stated that the septic permit was for a three bedroom, six person home. Bob Evans stated that the septic permit addresses the two bedroom residence. Chairman Forlano pointed out that the permit was for three bedrooms that was dated September 6, 2005. He stated that Mr. Evans keeps referring to a two bedroom apartment. Mr. Evans stated that Mr. Kowalewitch had applied for the septic permit and received it. The septic requirements are for a two bedroom home and the Health Department has obviously erred on the permit. He stated that they would be happy to correct it. Vice Chairman Britt pointed out that the second page of the permit has the correct information.
Chairman Forlano asked if the adjacent property is an exit only. Mr. Kowalewitch stated he was correct. Chairman Forlano asked what would happen if a delivery truck enters that area. Mr. Evans stated he had addressed the issue earlier, but reviewed the parking with Council and the Planning Board. Mr. Kowalewitch stated that delivery trucks will service his store from the Farmer’s Daughter parking lot.
Councilor Bart Smith was recognized to speak. Councilor Smith asked what the white space was on the site plan. Mr. Evans stated it was grass. He stated the red checked areas would have bushes. Mr. Evans went on to give an explanation of the stormwater on the site plan.
Vice Chairman Jon Britt was recognized to speak. Vice Chairman Britt stated that the Town’s engineer has not had a chance to see any of the changes. He stated that Mr. Evans did a good job of providing answers to questions in a timely fashion. He stated that Mr. Evans and Mr. Kowalewitch need to maintain the option for the boardwalk. Mr. Evans stated he would have no problem with doing that as long as it protects them from any degradation of value and/or use for future development. Vice Chairman Britt agreed with Mr. Evans in regard to the sidewalk. He asked if there was commercial pick up for trash carts. Town Manager Layton stated that it would be handled as a residential pick up. He stated that the dumpsters can vary in size from small to large and Mr. Evans and Mr. Kowalewitch would be restrained even in the summer to the residential pick up schedule as opposed to the commercial pick up. He stated that the Town’s ordinance would allow the Town to require at some point if the carts were inadequate, to have dumpsters on site. Mr. Evans stated that he would love the opportunity to prove their case for not wanting dumpsters.
Mayor Pro Tempore Thibodeau clarified that commercial spaces are not allowed to have recycling carts. Town Manager Layton stated that at this point, that is correct. Mr. Evans reiterated how trash works and how their trash would fit in the carts. Mr. Kowalewitch reiterated how he has been in business for twenty-four years and how his business uses four trash cans that service his store and three apartments.
Councilor Caviness asked for clarification as to the concern for not wanting a dumpster. Mr. Evans stated there is no problem with having a dumpster but asked Council and the Planning Board to give them a chance to prove why they won’t need a dumpster. He stated the dumpster area has been removed from the property line.
Member Jenkins asked if all the owners of the adjacent properties were excited about having the project and wanted the fence taken down. Mr. Evans stated that he had understood that. Member Jenkins stated that it was not true as Ms. Brightbill did not want the fence taken down. Mr. Evans stated that Ms. Brightbill is not excited about them having a store at all. Mr. Kowalewitch stated that he had spoken to Mr. Boyd about the fence and that it makes the area look like a junkyard. He stated that if the fencing comes down on both sides, it will open up the area and make it attractive. He pointed out that having dumpsters on his site would be an eyesore and is unnecessary. However, he stated that if Council and the Planning Board wanted a dumpster there, he would have one put in. Mr. Evans stated that shared driveway access required them to prepare an easement plat that each owner would have to share to get in and out of the properties. He stated that it required a legal document signed in front of a Notary by everyone. He stated that a fence could be taken down with a hammer and if it comes down, they will not take it down. He believed that the fences would come down, but could not do it without an easement. He stated that he hopes the fencing would come down and that the Town would also get the existing dumpster moved to a logical spot behind an oak tree.
Member Darnall asked if there would not be a turnaround on the property. Mr. Evans stated that a turnaround would be on the property. It would be a 10 x 10 foot turnaround. Planning Director Cotellessa stated that no turnaround was on the previous plan. She stated that she would look at the Waterfront Shops turnaround as she felt pretty sure that if it was 10 foot wide, it would have been longer. She stated that the requirements for a residential lot that is constructed on NC 12 requires a 10 x 10 turnaround independent of the drive aisle and the parking spaces. She stated that the Town’s code states that it is reasonable for a regular passenger vehicle to turn around.
Mayor Pro Tempore Thibodeau asked Member Darnall to repeat her question. Member Darnall repeated her question.
Bob Evans reviewed the language in the Zoning Ordinance regarding parking to Council and the Planning Board.
Councilor Smith agreed with Member Darnall and felt that there should be some sort of agreement for deliveries with the freight companies.
Town Manager Layton stated that the potential for delivery trucks parking in the center turn lane is unsettling. He stated that the police officers will ask these delivery trucks to move from the turning lane.
Rick Kowalewitch again stated that he has been in this business for twenty-four years and he does not use tractor trailers for his deliveries. He stated that his deliveries come via UPS. He could not understand why Council and the Planning Board were making a big deal about the loading zone. Mr. Evans stated that the surf boards come in a van and not by a tractor trailer. Mr. Kowalewitch stated that he sells more surf boards per store than anyone in the country. He stated that he does not have tractor trailers delivering surf boards to his stores.
Councilor Smith stated that the tractor trailer issue still has to be considered even if there won’t be any coming to the store. Mr. Kowalewitch stated that he couldn’t understand why Council and the Planning Board were making multiple points about the tractor trailers. Councilor Smith corrected him and said that only one point was brought up. He agreed that the majority of the deliveries would be via UPS. Mr. Evans stated that if the concern was tractor trailers, there would not be any on the property.
Member Darnall stated that she had the concern but not about tractor trailers. Mr. Evans tried to interrupt, but Member Darnall asked him to be quiet for a second. She stated that Council and the Planning Board have listened to a lot of items and she was trying to digest the information as best she could. She stated that the Planning Board has to make a motion and suggested Mr. Evans be more accommodating. Mr. Evans apologized to Council and the Planning Board. Member Darnall stated she would rather see less parking spaces but adequate size and turnaround on the property. Planning Director Cotellessa assumed that the parking requirement would be at least twelve (12) spaces plus the requirement is 2.5 spaces for a multi-family unit as per the Health Department. She stated that in the Village Commercial District there is limited space for parking, there is a lot of pedestrian and bicycle access, and there may be reason to reduce the number of parking spaces. She stated there may be a reason to have a limited number of spaces as is proposed in the plan that are less than ten feet wide. Member Darnall stated she would like to see standard size spaces with a turnaround and does not have a problem with stacking the spaces either.
Councilor Smith asked if there were a number of parking spaces that Mr. Evans and Mr. Kowalewitch were trying to get. Mr. Evans stated that they had assumed it would be one space for every two hundred square feet in a retail area. Councilor Smith asked what the number of spaces would be for customers to park. Mr. Kowalewitch stated that he has a 2,600 square foot space in Virginia Beach and has seven dedicated parking spaces that are utilized 20% of the time. He stated he would be happy with nine parking spaces as well as the turnaround area at the new store.
Member Darnall asked if one parking spot has to be removed from the site, would it be upsetting from a retail perspective. Mr. Kowalewitch stated they could lose business because of it. Councilor Smith stated that he may lose more business if a customer drives into the parking lot and is not able to turn around to get out. Mr. Kowalewitch stated that his store in Virginia Beach does not have a turnaround area and has never had a problem.
Chairman Forlano pointed out that any concrete work, either pervious or non pervious, is going to be parked on whether there is a turnaround or not.
Chairman Forlano pointed out that there is not any room for a sidewalk, so how can there be a sidewalk depicted in the applicant’s site plan. Mr. Evans stated that if the asphalt was being expanded, they have one foot from the end of the Herron property with enough room to add another two or three feet, giving them 4-5 feet of sidewalk. He stated that they can improve the circumstance, but whether or not it would be appropriate with a dissimilar product – concrete – or whether it should be done with asphalt would be a question that Council and the Planning Board would have to decide. He stated he believed there would be room for a sidewalk.
Mayor Pro Tempore Thibodeau clarified Mr. Evans’ comments. Town Manager Layton pointed out that when the Trail was put in, NCDOT did not acquire the right of way from the Scarborough house. He stated that an easement would be helpful and suggested waiting till the Trail is repaved to do the easement. Mr. Evans stated he would like to do it in concert with NCDOT’s efforts.
Councilor Smith stated that the applicants had done a good job with the architectural style. He asked why the south side of the building has a large wall. Mr. Kowalewitch stated that the worst thing for retailers is windows. He stated that the view looks better than what the rendering shows. Mr. Kowalewitch stated that people will be drawn to the look of the roof more than anything. Councilor Smith asked what the stormwater storage area was. Mr. Evans stated that it is not a storage area but a retention area. He went on to explain what a stormwater retention area is.
Councilor Caviness asked about the potential for a soundside boardwalk. Town Manager Layton stated that the Waterfront Shops have their CUP set up to escrow funds in case the Town constructs a boardwalk that would be connected to the shopping center. He stated the Town is in the final stages of a planning process with the conceptual layout for a soundside boardwalk and have met with CAMA to discuss the issues surrounding it. He stated that the majority of the boardwalk would not be on any property. He guessed the Town would not be asking for land for the boardwalk, but would be asking that any property out in the water be used to connect the boardwalk. Mr. Evans stated they would not stand in the way of it getting done, if the funds are available to build it and maintain it, but wanted to know if they will have to give up their right to access to the sound. Vice Chair Britt felt that Council and the Planning Board did not want to do that to the applicants.
Mayor Pro Tempore Thibodeau stated that the pier was not initially in the proposal for the building but thought it would be privately used and would be subject to getting the proper CAMA permits. She stated that the Town would see only the people living in the apartment or the owners themselves using the pier. Mr. Evans stated that he wasn’t sure if a lock and key should be put on the pier, but that the pier would not be intended for commercial use. Town Manager Layton suggested that if the Town were to build a boardwalk, it would be the desire on the applicant’s part to connect the pier to the boardwalk as an additional access to the store. Mr. Kowalewitch stated he wouldn’t mind allowing the people of Duck to use the pier to watch the sunset. Mr. Evans stated that they are not trying to allow jet skis to dock at their site.
Councilor Smith asked if the apartment would be a 1,200 square foot one. Mr. Evans stated it would be a little less than 1,200 square feet, taking everything into consideration such as walls and dormers. Councilor Smith asked what the actual, by code, square footage of the space to be used as an apartment. Planning Director Cotellessa believed the regulations require that an accessory apartment be 50% or less of the space of the building. She stated that the gross square footage on the building was 2,540 square feet – the gross square footage on the apartment was 1,249 square feet. She didn’t feel there would be an issue with the size of the apartment.
Member March asked Planning Director Cotellessa if she foresaw any issue that would cause pedestrian problems site-wise with cars coming in and out of the parking lot. Planning Director Cotellessa stated there is an issue as with many sites in the Village Commercial District. She stated that was one of the reasons the Town is trying to do a soundside boardwalk, to get pedestrians away from the vehicular traffic.
Mayor Pro Tempore Thibodeau stated she would like to see a sample of the vinyl siding for the building. Member Jenkins pointed out that 106 Dune Road has vinyl siding similar to what the building will have. Town Attorney McRee stated that he has the same siding on his personal home. Mr. Evans stated there are two types of the vinyl siding in question. Mayor Morrison asked if a sample could be brought in so Council and the Planning Board could see the color that will be used. Mr. Evans stated that 106 Dune Road has it. Mayor Morrison asked if it was the same color as what the applicants would be using. Member Jenkins stated that 106 Dune Road’s siding was an off-white or cream color. Mr. Evans stated they are proposing to use white as it is an inviting color.
Mayor Pro Tempore Thibodeau stated that she did not see a need for a right turn only exit at the property. Vice Chair Britt agreed with Mayor Pro Tempore Thibodeau. Councilor Caviness stated that she foresaw a possible problem as most people see the Farmer’s Daughter and Bob’s Bait & Tackle store. She stated that most tourists will get in the turn lane earlier than they should and it could be a problem at that area with the turning lane. She felt the area was dangerous enough and the Town should not complicate the issue further.
Town Manager Layton stated that the applicants included in their package an original landscaping plan. He stated that most of the landscaping was of the palm tree variety and Council has had issues with palm trees in the past. He suggested that some direction be given on this. Planning Director Cotellessa pointed out that on the landscape plan the parking was reversed and was drawn on an old layout. Member Jenkins stated that the landscaping should include native plants that are indigenous to the area as well as salt tolerant. Mr. Evans stated they have spent $1.5 million on the property and they want the property to be extraordinarily attractive as well as the landscaping to be attractive. He stated that they are anxious to start building and if they are allowed to do so, they would be happy to put off the certificate of occupancy until they get their landscape plan approved and be “at the mercy” of whatever Council and the Planning Board decides. He stated the landscape plan is not critical and he is not a horticulturalist. He asked Council and the Planning Board to stop delaying the project any longer by trying to argue about indigenous plants. He stated that they would like to get going on the project.
ADJOURN TOWN COUNCIL MEETING/JOINT WORKSESSION
Mayor Morrison moved to adjourn the joint meeting and turn the meeting over to Chairman Forlano for the Planning Board meeting. He asked Council to remain in the room but refrain from entering into any further discussion.
Motion carried 5-0.
The time was 9:22 p.m.
RECESS
Chairman Forlano called for a five minute recess.
CALL TO ORDER – REGULAR MEETING OF PLANNING BOARD
Chairman Forlano stated that the meeting is an informal one and would take comments as long as the meeting didn’t get out of hand.
PUBLIC COMMENTS
Bob Hovey of Duck Village Outfitters was recognized to speak. Mr. Hovey stated that Mr. Kowalewitch has a very attractive building but was concerned about whether there would be surfboard rentals. He asked if rentals would be done and should it be a condition of the CUP whether or not the store would be doing rentals.
Tanya Hovey of Duck Village Outfitters was recognized to speak. Ms. Hovey asked if Mr. Kowalewitch would be renting kayaks. Rick Kowalewitch stated that he has a million and half dollar overhead on the property. He stated that they will rent surfboards and boogie boards and will do the best he can to be a good neighbor and make money. Ms. Hovey asked if he would be selling kayaks. Mr. Kowalewitch stated he would not be selling them. Ms. Hovey stated that she understood that he was going to be selling kayaks. Mr. Kowalewitch stated that he has never sold kayaks and has no intent to sell them at this point.
OLD BUSINESS
Discussion and Recommendation on CUP 05-07
Member Darnall pointed out that Planning Director Cotellessa did not get the applicant’s package until today. She stated she was fine without a loading area. She would like to know about the turnaround and what the Town’s staff and engineer thinks about it. She stated she understood the need for as much parking as possible, but she doesn’t feel a turnaround is necessary. She stated that she would like to see a dumpster at the site. She stated she is worried about the stormwater plan and would like the Town’s engineer to review it for their comments. She stated that the applicant should have some language for the boardwalk. She stated she wasn’t sure about the sidewalk. She felt that any commercial property owner that comes forward should support the Town’s Land Use Plan.
Vice Chairman Britt suggested taking Member Darnall’s concerns one at a time and discuss them and come to consensus on them. He stated that the turnaround is an issue and now is the time to make the changes as it has to be approved by the Town engineer. Planning Director Cotellessa suggested moving the handicap parking spot to the rear away from the turnaround. Mr. Evans stated that the handicap spot is in the right place.
Vice Chairman Britt asked is there was a way the parking spaces can be further back away from the turnaround to have extra room. Mr. Evans stated they could move the spaces back ten feet, but that they have ample coverage.
Chairman Forlano felt there was enough turnaround space, but the width of the parking spaces should not be reduced. Mr. Evans stated he would rather see fewer parking spaces than wider ones. He stated he would be happy to reduce the parking spaces by one but would rather not do it.
S.A. Karageorge was recognized to speak. Mr. Karageorge felt the spaces were wide enough.
Member Darnall pointed out that if all spaces were ten (10) feet with the same turnaround, it would have to go through a special exception process.
Joe Southern of Ocean Atlantic Rentals was recognized to speak. Mr. Southern stated that he was more than happy to provide services to the people of Duck, but he pointed out that he had to adhere to every code and requirement for his business. He also asked if there would be public restrooms as there aren’t many public restrooms in Town. He stated that the restrooms were not addressed and would be interested in hearing about them. Mr. Kowalewitch stated that the public restrooms were on the plan and would be included. Mr. Southern asked how many people the upstairs apartment would sleep. Mr. Kowalewitch stated it would sleep four people. Mr. Southern asked if he would have two vehicles and four people, where would the employees park. Mr. Kowalewitch stated there would be a total of seven spots for the employee parking. Mr. Southern pointed out that he has seventeen employees for his store in the summer.
Chairman Forlano stated that the issue of parking is never enough. He stated the applicant will have four people living in the apartment and most likely each one will have their own vehicle. He stated that parking issues can never be totally addressed and the best has to be made of it. Mr. Southern stated that six to seven parking spots will not be enough. Chairman Forlano stated he understood. Member Darnall pointed out that nine spots would probably not be enough. She pointed out that citizens may park at other shops and walk to the stores, which is a great thing.
Cindi Brightbill of Surfside Casuals was recognized to speak. Ms. Brightbill stated that she has been a tenant and owner of the adjacent property for over twenty years. She stated that the fence will not be coming down. She stated that the parking situation is really bad, but it has always been bad. She stated that the property is private and she does not want the fence taken down. She cautioned that many times the sound can be bad, taking the air conditioning units under the building. She stated that maintaining the building is an ongoing process. She stated that the parking situation will never go away and again reiterated that the fence will not come down. She felt that people should not buy pieces of land and bank on using adjacent properties as answers to their development problems. She stated that she had heard about it multiple times earlier in the meeting and the applicants should have known that the property was very small when they bought it.
Bob Evans stated that they would like to still move forward even if the fence doesn’t come down.
Vice Chairman Britt stated that he would like space reserved for a dumpster, but could go either way with the issue. He likes the easement issue and wants to see something that everyone will be happy with. He wants to see the samples of the roof shingles and vinyl siding. He thought that Councilor Smith brought up an excellent point about the south side of the property being attractive as it is the first thing that people see. He felt it was a logical place to put a sign up along with some attractive trim. He did not see any reason to hold the landscaping plan up, wanted to see something that is consistent with the area, but not with palm trees. He stated that stormwater management must be reviewed by the Town’s engineer.
Member March stated that the turnaround must be on the property. She liked the dumpster idea as opposed to the carts, mainly because of the traffic issue. She stated she was concerned with having two parking spaces for people that will be living in the upstairs apartment. She wondered where the owners would park when they come to Town. She thought it could have been thought out differently and suggested a parking area under the building. She didn’t feel people should be encouraged to park in other parking lots to visit the store. She didn’t feel the parking was sufficient. She stated she wanted to see Planning Director Cotellessa’s interpretation of the package that was received at the meeting.
Member Jenkins echoed Member March’s comments regarding Planning Director Cotellessa reviewing the package received earlier in the meeting. He stated that he is concerned about the parking and the dumpsters. He stated that if the Board is stretching the envelope, how far do they go and what does the future hold? He stated he is concerned about nonconformities and wondered if the Town would be adding another nonconformity. He stated he had completed some research prior to the meeting and ran across Article 4 of the Ordinance and read the section to the Board and audience.
Vice Chairman Britt stated that the Village Commercial Development Option was to allow properties such as this one to be developed. He stated that the parking will always be a problem, as all the developments have parking issues. He stated that he did not have any fundamental problems, but things need to be clarified and pieces need to be put together by the Planning Board, Planning Director Cotellessa as well as by what Council decides to add. He stated that the soundside access should restrict commercial activity.
Chairman Forlano felt that Mr. Evans did an excellent job in his presentation. He stated that the only problem was the short period of time that the Planning Board had to study the issues. On the surface, everything is wonderful. He stated that he did not have a problem with the parking, turnaround and the easement. He stated that the size of the building scares him in that it seems that the size of the building would not fit on the lot or mesh with the other buildings in Town. He stated that the Planning Board needs more time to review the package and get direction from Planning Director Cotellessa.
Bob Evans thanked the Planning Board for their time, but asked for quick approval from them. He pointed out that he had received his agenda packet late Friday afternoon. He stated he would have preferred to have more time to review it.
Chairman Forlano pointed out that Mr. Kowalewitch had bought the property some time ago and had plenty of time to deal with the issues instead of waiting until the last minute and pushing for a quick decision. Mr. Evans reiterated that he had received the packet late Friday afternoon and had no time to resolve the issues that were in it. He stated that he has tried to be proactive in the process. Chairman Forlano stated that he sympathized with the applicants, but they needed to know how the process works for a CUP.
Vice Chair Britt stated that one of the Planning Board’s objectives was to make a recommendation in approximately one month to Council. Chairman Forlano stated he can always call a special meeting after Planning Director Cotellessa has reviewed the packet and issued her comments. Mr. Evans stated that he would appreciate any cooperation from the Planning Board. Vice Chair Britt asked what the advertising requirements would be for a special meeting. Planning Director Cotellessa stated that it is a minimum of 10 days and a maximum of 25 days prior to a meeting. She stated that the regulations for a Village Commercial Development Option state that after a recommendation is made to Council, a public hearing can be advertised. She stated that she does not see how in a three week period the Planning Board can analyze, meet again and meet the regulations for advertisements. Vice Chair Britt asked if the issue could be dealt with by the Council’s mid month meeting. Planning Director Cotellessa stated that Council holds a retreat instead of a mid month meeting each January.
Chairman Forlano asked when the Planning Board would be able to review and make a recommendation. Planning Director Cotellessa stated that the next regular meeting is January 11, 2006, but didn’t know if it would be enough time.
Member Darnall felt that she needed more time to review everything.
Mr. Evans asked if there was any way to get the project pushed through quickly. Vice Chair Britt stated that the Town’s engineer would need to review the plans before going forward. Member March agreed.
Member March moved to table the issue to the January 11, 2006 meeting to have the Town’s engineer review the plans.
Vice Chair Britt stated that it was obvious that the Board was not ready to make a motion. He stated that he was all for any special meeting that will be necessary.
Mr. Evans pointed out that he will need time as well to address any issues that may come up by the Town’s engineer.
Member Darnall seconded the motion.
Motion carried 3-2 with Vice Chair Britt and Member Jenkins dissenting.
NEW BUSINESS
Introduction of Proposed New Retail Building and Potential for Interparcel Access at 1207 Duck Road (currently Duck Village Outfitters) – to be Scheduled for Joint Worksession with Town Council in early 2006
Bob Hovey was recognized to speak. Mr. Hovey stated that he had recently purchased Duck Village Outfitters and had been the sole developer of the property since 1998. He gave a background on the store to the Planning Board. He stated he is requesting approval to build a two or possibly three story building. He stated that they would use the same footprint of the building and add onto it, making it more attractive as well as adding some additional parking spaces. He stated that he has had extensive conversations with the adjacent property owners with each one agreeing verbally to a cross easement between the RBC Centura Bank, the Crown Gas Station as well as Burger King to his property.
Mr. Hovey went on to review his drawings with the Planning Board as well as his schedule for constructing the new building. He stated he would like to work with the Planning Board on the process.
Member Jenkins thanked Mr. Hovey for doing his research. Vice Chair Britt liked the idea of what Mr. Hovey was proposing. Member Darnall agreed. Chairman Forlano asked what percentage of the building was rental. Mr. Hovey stated that overall fifty percent (50%) is rental, mostly in the summer time, but it depends on the day of the week as well as the time of year. Chairman Forlano asked if he will be giving up his storage area for the rental equipment in order to provide additional parking. Mr. Hovey stated that he would like to store equipment above the septic field, but the Health Department won’t allow it. He stated he would like to take the wooden fence down and put up a chain link fence instead.
Member March asked if there would be an apartment above the store. Mr. Hovey stated he would like to have an apartment above the store if he could. Planning Director Cotellessa reminded Mr. Hovey that height is an issue in Duck. Mr. Hovey stated he would like to have an office on the upper floor and have it classified as an apartment to make it more marketable.
Member Jenkins stated he had concerns with the parking. He stated he also had concerns with the storage of rental equipment that is visible from Duck Road. Mr. Hovey agreed and stated he would have more items in the yard and inside to make the front of the building more attractive.
Mr. Hovey thanked the Planning Board for their time.
APPROVAL OF MINUTES OF NOVEMBER 9, 2005
Member March moved to approve the minutes of the November 9, 2005 meeting. Member Jenkins seconded.
Motion approved 4-0.
OTHER BUSINESS
There was no other business to discuss.
STAFF COMMENTS
There were no staff comments.
BOARD COMMENTS
There were no board comments to discuss.
ADJOURNMENT
Chairman Forlano adjourned the meeting. The time was 10:45 p.m.
Approved: ______________________
Chair