CUP 08-001

Amendment to CUP 07-005

To Approve a Conditional Use Permit Amendment in the Village Commercial District for Improvements to the Former Swan Cove Restaurant to Permit a Restaurant and Day Spa at 1174 Duck Road

 

Lynette Sumner of Wine Ducks, LLC, has submitted a request as follows:

 

CUP 08-001

 

Application by Lynette Sumner of Wine Ducks, LLC to amend conditional use permit 07-005, granted on November 7, 2007, to renovate the former Swan Cove restaurant located at 1174 Duck Road for a new restaurant and day spa.   This amendment is submitted under section 156.036(C)(6) - Village Commercial Development Option.  The applicant would like to modify some of the architectural features specifically approved as part of the original conditional use permit request.  Additionally, the applicant is proposing signage to identify the parking area across the street at 1167 Duck Road.  Finally, the applicant has additional lighting that will be mounted to the building and deck areas.  This was not depicted on the site plan for the original conditional use permit application.

 

Discussion

 

On November 7, 2007, the Town Council approved a conditional use permit for a new restaurant and day spa at 1174 Duck Road, the site of the former Swan Cove restaurant.  The permit includes renovation of the entire building providing an 82 seat restaurant on the first floor with 13 bar seats and a 2,440 square foot day spa on the second floor.  Items addressed with this permit included setbacks, CAMA requirements, parking, internal circulation, stormwater, wastewater, landscaping and vegetation preservation, lighting, signage and building architecture.  Construction for the project is well underway and the applicant has identified several changes that require a conditional use permit amendment. 

 

Building Architecture

 

The applicant has submitted revised building elevations to illustrate proposed changes to building architectural features.  The primary change includes replacing the galvanized, standing-seam metal roof, which covered the portico and porch area in the front of the building, with asphalt shingles to match the remainder of the building.  The applicant has decided that the metal roof would look out of place and would not lend to the overall character of the design.  Several other changes have been proposed including the removal of false shutters on the front building elevation, redesign of the porch and ramp columns, removal of lighting fixtures on the handicapped ramp, and removal of shutters on the rear of the building.  Staff noted that since the galvanized metal roof was a feature that was specifically identified in the final Conditional Use Permit, that this change could not be approved administratively.  The applicant maintains that the overall design theme remains consistent with the original approval and that the proposed changes have not negatively impacted the building appearance.  For your reference, we have also included the original building elevations for comparison purposes.

 

Signage

 

The design of the signage for the site has been finalized and the applicant has applied for a sign permit.  The design has changed slightly but is in overall conformance with what was originally approved.  The applicant is now proposing signage to identify the parking area across the street.  This was not included on the original conditional use permit.  This will include one sign approximately nine square feet in area that is consistent with the signage theme for the rest of the development.  The Town Code allows one freestanding sign per frontage for a commercial site up to 64 square feet in area.  Two signs are allowed in the case of a corner lot with two separate frontages.  The two freestanding signs proposed by the applicant would total 67 square feet in area, three square feet more than what is allowed for a site with one frontage.  Recognizing that the property has two frontages, although not a corner lot, and also that there is a need to delineate the parking area across the street and to identify it with the business, staff believes that this is a reasonable request.

 

Lighting

 

The applicant has identified specific lighting fixtures she would like to add to the handicapped ramps and decks, under the canopy of the portico and porch, and to the building wall surface.  These were not shown on the original site plan.  A drawing is attached which highlights the location of these lights.  No changes have been proposed to the pole mounted site lighting fixtures.  Also included are specification sheets for each proposed fixture.  All fixtures are shielded, full-cutoff fixtures and will meet the Town’s lighting standards for glare and maximum illumination levels.

 

Staff Recommendation

 

Staff recommends approval of the proposed conditional use permit amendment based on the attached draft findings and conditions. 

 

Planning Board Recommendation

 

The Planning Board discussed conditional use permit amendment 08-001 at their February 27, 2008 meeting and voted 5-0 to recommend approval based on the attached draft findings and conditions. 

 

Attachment A             Conditional Use Permit Amendment Application submitted 2/21/08

Attachment B              Building Elevations (Original and Revised)

Attachment C              Signage Detail

Attachment D             Lighting Site Drawing and Proposed Fixture Details

Attachment E              Draft Findings and Conditions