NORTH CAROLINA
TOWN OF DUCK

 

RE:  Application of Wine Ducks, LLC to amend conditional use permit 07-005 under the Village Commercial Development Option, to permit a new restaurant and day spa at 1174 Duck Road, the site of the former Swan Cove restaurant.  The applicant is proposing changes to architectural details, signage, and lighting. 

Conditional Use Permit 08-001

Conditional Use Permit amendment subject to the Village Commercial Development Option with approval, subject to conditions herein, of a conceptual site plan to permit a new restaurant and day spa using an existing building.

 

 

On March 13, 2008, the Town Council of Duck, North Carolina conducted a public hearing and considered an application for a Conditional Use Permit amendment to permit development of property with a restaurant and day spa at 1174 Duck Road and offsite parking at 1167 Duck Road, subject to a conceptual site plan with exhibits, architectural renderings and technical documentation as submitted, and finds as follows:

                                                 

1.  That the written application of Petitioners with attachments as originally submitted September 20, 2007 and as revised through February 20, 2008 HAS been duly submitted to the Town of Duck Planning Board and Town Council as required by Sections 156.036(C)(6) and 156.145 of the Town of Duck Zoning Ordinance (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 Village Commercial zoning district;

 

3.       That the Petitioner is the contract purchaser of the property at 1174 Duck Road, PIN #985916833166 located on the West Side of NC 12 in the Village Commercial zoning district of Duck and 1167 Duck Road, PIN #985916836133 located on the East Side of NC 12 in the Village Commercial zoning district of Duck;

 

4.       That this conditional use permit amendment as submitted proposes modifications to zoning code requirements for parking signage only, that may be approved by conditional use permit pursuant to Zoning Ordinance Section 156.036(C)(6), the Village Commercial Development option, with Town Council review to determine appropriate scale, heights, setbacks, parking, required public improvements, and architectural character of the project within the Village Commercial District;

 

5.       That the Town of Duck Planning Board recommended approval of the Conditional Use Permits with conditions as described in the draft meeting minutes of the Planning Board meeting of February 27, 2008 and as described in a transmittal letter to the Town Council dated March 13, 2008;

                                                                                                   

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 amendment, with submission of revised building elevations, signage detail, and lighting information, 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 of the Village Commercial Development Option articulated in Sec. 156.036(C)(6)(a) of the Zoning Ordinance;

 

8.       That the application IS consistent with the Town’s adopted CAMA Core Land Use Plan as required by zoning ordinance section 156.036(C)(6) in that it proposes uses consistent with the Town’s goals and objectives for quality commercial development in the village core.

 

9.       That the granting of this conditional use permit WILL NOT adversely affect the public interest.

 

NOW, THEREFORE, under the provisions of the Code, the requested conditional use permit amendment 08-001 is approved with modifications and conditions to Wine Ducks, LLC, subject to such conditions as are hereinafter set out:

                    

CONDITIONS:

 

  1. That the building be constructed in substantial conformance with the architectural features as shown in architectural renderings submitted with the conditional use permit amendment application as prepared by Beacon Architecture + Design, P.L.L.C, dated February 21, 2008, including side and top hinge shutters, window awnings, gable brackets, a new covered entryway, and additional treatments to the porch columns and ramp supports, using approved colors with complementary signage.

 

  1. That proposed lighting be dark sky compliant and designed and installed to be in conformance with Town Code section 156.133 Outdoor Lighting.

 

  1. That signage will be designed and installed in accordance with the renderings and specification attached hereto and that signage permits are obtained from the Town of Duck prior to installation.

 

 

 

 

THIS _______ date of _____________, 2008

 

SEAL:

 

 

 

 

 

ATTEST:

 

TOWN OF DUCK

 

By:  ___________________________                       By:  ___________________________

       Christopher J. Layton                                                        Neil Morrison

       Town Clerk                                                                       Mayor

 

 

 

 

THIS PERMIT AND THE CONDITIONS ARE ACCEPTED:

 

Wine Ducks, LLC

 

 

 

BY:  ___________________________