AGENDA: September 4, 2013 Regular Meeting

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1 AGENDA: September 4, 2013 Regular Meeting ITEM #5B: Public Hearings B. Public Hearing/Discussion/Consideration of CUP , a Conditional Use Permit by Michael W. Strader, Jr., P.E. of Quible & Associates, P.C., on behalf of TFP, LLC, property owner, for a new property maintenance facility to be located at 109 Scarborough Lane. RECOMMENDED ACTION: Conduct the Public Hearing; Per Council Discussion SUMMARY OF INFORMATION: TFP, LLC (Twiddy & Company) is applying for a conditional use permit under Town Code Section (C)(6) - Village Commercial Development Option to develop the property at 109 Scarborough Lane as a rental property management/maintenance office. This is a conditional use allowed in the Village Commercial zoning district in accordance with the standards contained in Town Code Section (C)(11). The Planning Board reviewed the project at its July 17, 2013 and August 14, 2013 regular meetings. Between these two meetings the applicant made significant changes to the site plan to address Planning Board and Staff concerns. The Planning Board recommended approval of the project at the August 14, 2013 meeting based on the findings in attached draft conditional use permit document. Staff has been working with the applicant since the Planning Board meeting to address concerns from adjacent property owner to the west. These comments were not received in time to be sufficiently addressed by the Planning Board. This information is detailed in the attached staff report. Staff is recommending an additional change to the plan to address these concerns. ATTACHMENTS: Conditional Use Permit Application Property Location Map Tax Parcel Information Village Commercial Development Option Language Revised Site Plan, Lighting Plan, Grading and Drainage Plan, Landscaping Plan Building Elevations and Color Rendering Alternative Grading Plan (depicting western retaining wall) Landscaping Plan Depicting Proposed Site Plan and Trees to be Removed Draft Conditional Use Permit Document Comments

2 TOWN OF DUCK, NORTH CAROLINAA August 28, 2013 Mayor Don Kingston Members of the Town of Duck Council P. O. Box 8369 Duck, NC RE: CUP , Conditional Use Permit for 109 Scarborough Lane Dear Mayor Kingstonn and Members of Council: The Town of Duck Planning Board has completed its review of CUP , a request by Michael Strader, P.E. of Quible and Associates on behalf of TFP, LLC to develop the property at 109 Scarborough Lane as a rental property management/maintenance office. This is a conditional use allowed in the Village Commercial zoning district in accordance with the standards contained in Town Code Section (C)(11) as well as (C)(6) Village Commercial Development Option. On August 14, 2013, the Planning Board voted 4-0 to recommend approval of the Conditional Use Permit application as prepared by the applicant. As partt of this recommendation, the Planning Board made affirmative findings that the request is consistent with the goals and objectives of the Town of Duck zoning ordinance (Section (C)(6)) as well as the Town of Duck CAMA Land Use Plan. Sincerely, Joe Blakaitis, Chair Town of Duck Planning Board P. O. Box 8369 Duck, North Carolina (fax)

3 Town of Duck, North Carolina Department of Community Development CUP , TFP, LLC 109 Scarborough Lane Agenda Item 5B To: From: Mayor Don Kingston and Members of the Town of Duck Town Council Christopher J. Layton, Town Manager Andy Garman, Director of Community Development Date: August 28, 2013 Re: Scope of Request Staff Report for CUP , 109 Scarborough Lane, TFP, LLC Application: CUP Project Location: 109 Scarborough Lane, PIN Existing Use(s): Vacant Proposed Use(s): Rental Property Management/Maintenance Office Property Owner: TFP, LLC Total Area of Property: 37,373 square feet Zoning: VC Village Commercial Applicant/Contact: Michael Strader, P.E., Quible and Associates, P.C. Meeting Date: September 4, 2013, 7:00 pm Summary of Proposal TFP, LLC (Twiddy & Company) is applying for a conditional use permit under Town Code Section (C)(6) - Village Commercial Development Option to develop the property at 109 Scarborough Lane as a rental property management/maintenance office. This is a conditional use allowed in the Village Commercial zoning district in accordance with the standards contained in Town Code Section (C)(11). The subject property is 37,373 square feet in area and is bounded to the east and west by commercial uses. To the south it is bounded by the Four Seasons subdivision which is located within the RS-1 zoning district. To the north is Scarborough Lane and across the street is the parking lot of the Scarborough Lane Shops. The property was previously residential; however, the house was demolished in This property has relatively challenging topography with foot elevations along its eastern property line falling to as low as six feet in its southwest corner. The east and south property lines are vegetated with mature trees and dense vegetation. This vegetation is helping to stabilize the hill on the eastern boundary of the property. As the Town Council will note, this topography has created significant challenges to developing the property. The applicant is proposing to 1

4 2 Town of Duck, North Carolina Department of Community Development CUP , TFP, LLC 109 Scarborough Lane Agenda Item 5B create a level area for the building and associated parking and drive aisle by installing a retaining wall ranging in height from 2-12 feet along the east side of the property. The property will be lowered on the west side of the retaining wall, and the east side of the building will be built partially below grade using an additional foundation retaining wall. This will allow the northeast corner of the building to be built below grade to a finished floor elevation of approximately 15 feet msl. As the building transitions from east to west, a foundation wall will be constructed above grade so that the grade elevation on the southwest corner of the building is approximately 11 feet msl. Three to five feet of fill will be required to establish this elevation. From there the property will be graded down to the western property line at elevations ranging from seven to nine feet msl. There is a depression in the southwest corner that will be partially filled for the southwest corner of the building. The remainder of this depression is planned for a stormwater basin. The building will be 5,000 square feet in gross floor area, excluding the decks, porches, and the loading area, which is the prescribed size limit for buildings of this use. The applicant is providing 23 parking spaces, which accounts for the 5,000 square foot area of the building and 12 employees. The parking standard for the use is one space for every 300 square feet plus one space for every two employees. The applicant is proposing a one-way circular drive aisle 12 feet in width. The building is situated to the western side of the property which is a necessity to develop the property without significantly more impact to the slope on the east side of the property. Regulatory Standards The applicant is requesting a Conditional Use Permit pursuant to Town Code Section (C)(6) Village Commercial Development Option (VCDO), and Town Code Section Conditional Use and Special Exception Permits. The Town s Village Commercial Development Option (VCDO) is a conditional use permit process that provides a property owner with design flexibility when meeting the Town s zoning criteria. Rather than meeting a strict set of criteria, such as a minimum setback or parking aisle dimension, the Town may approve a custom sitespecific development plan with unique standards that recognize the constraints and opportunities of individual sites. As stated in the ordinance, the purpose is to implement Town policies encouraging shared parking, limited vehicular access and pedestrian accommodation, promote a mix of land uses, and reinforce the Village Commercial District as an exceptional and distinctive place to live, work and recreate. The entire language of the VCDO ordinance is included as Attachment D. The applicant has provided the requisite documentation to apply for a VCDO conditional use permit as required by the ordinance. This is included in the applicant s narrative and site plan drawings. When reviewing any VCDO permit application, the standard ordinance criteria is generally used as a baseline. Staff determines how the application has deviated from the standard ordinance criteria and analyzes whether there is a rational and acceptable basis for the

5 Town of Duck, North Carolina Department of Community Development CUP , TFP, LLC 109 Scarborough Lane Agenda Item 5B modification. Staff also determines whether the project and each individual component preserves the spirit and intent of the Town s ordinances. Background and Staff Analysis The Planning Board reviewed this site plan and conditional use permit application at its July 17, 2013 and August 14, 2013 regular meetings. Several significant changes were made to the site plan between these two meetings to address staff and Planning Board concerns regarding vegetation removal on the site and preservation of the dune and steep slope along the eastern property line. Originally, the retaining wall was feet high and was a uniform distance of 15 feet from the eastern property line. The applicant was also proposing to grade the area on the east side of the retaining wall at 3:1 which would remove the majority of vegetation in this area. Based on suggestions at the Planning Board meeting, the applicant relocated the wall further to the west and eliminated the proposed grading on the east side of the wall. The height of the wall was revised and in most instances the wall is less than eight feet high. The stormwater basin was also reduced in size by converting two existing landscape islands on the western driveway to depressed infiltration areas. These areas would capture the majority of the roof runoff from the building and would take a portion of required stormwater out of the large basin in the southwest corner. These changes allow the applicant to preserve additional mature vegetation along the eastern and southern property boundaries creating an improved buffer in both areas. The Planning Board commented favorably on these revisions and recommended approval of the plan to the Town Council at the August meeting. A day prior to the August meeting, Town staff received concerns from the adjacent property owner to the west, Bob Evans, regarding the amount of fill being used in the project, the grading transitions between the western driveway and his property, and the potential for stormwater and flooding impacts associated with a rise in the groundwater table, particularly in the southeast corner of his property. Staff circulated these concerns to the Town Engineer and the applicant. The Town Engineer requested that the applicant provide a justification of the analysis used to design the stormwater plan for the site. This analysis also reviewed the impacts the project would have on the groundwater table to determine whether the project would raise the groundwater table on the adjacent property. The Town Engineer reviewed the analysis and commented that the potential stormwater/groundwater impacts were being addressed with the proposed design. This was discussed with the Planning Board and they recommended approval of the project based on these comments. Following the Planning Board meeting, staff received an additional request from Mr. Evans to meet on-site and review his concerns. This meeting occurred on August 16 th. At this meeting Mr. Evans reiterated that he was concerned with the amount of fill being placed on the property, particularly up against the western property line. A significant concern was also expressed regarding how much fill was being used in the vicinity of the southwest corner of the building. 3

6 4 Town of Duck, North Carolina Department of Community Development CUP , TFP, LLC 109 Scarborough Lane Agenda Item 5B Although the Planning Board had already reviewed the project and provided a recommendation to the Town Council, staff initiated a meeting with the Town Engineer and the applicant s engineer, Mike Strader, on August 20 th to review the concerns expressed by Bob Evans. Several suggestions were made during this meeting to improve the transition between the two properties and address the amount of fill being placed along the western property line and underneath the southwest corner of the building. To address the fill being placed within five feet the property line, the applicant suggested using a 1-3 foot high retaining wall in lieu of sloping the fill down to the western property line. Also discussed was an alternative to lower the building an additional feet and set the finished floor elevation at feet msl (currently the proposed first floor elevation is 15 feet msl). This would allow the applicant to lower the grades along the western driveway without the need for a retaining wall. It would also reduce the amount of fill being placed in the southwest corner of the building and address the overall elevation of the finished grade on the west side of the development. Staff indicated to the applicant that they could proceed to the Town Council without any changes to the plan since a recommendation had already been provided by the Planning Board. Staff did advise the applicant that alternatives to address the concerns of Mr. Evans may be necessary for the Town Council to render a final decision on the permit application. The applicant has submitted a final site plan for Town Council review. This includes the plan as reviewed by the Planning Board on August 14 th with no changes. However, as an alternative to the original grading plan, the applicant has provided a revised plan which includes a 1-3 foot high retaining wall five feet from the western property line to eliminate the placement of fill within this area. As staff indicated previously, this was one of the alternatives discussed at the on-site meeting on August 20 th. While this addresses one of the concerns expressed by Mr. Evans, staff believes it does not go far enough to relieve the concern regarding the elevation of the new development over that of the adjacent property. In the southwest corner of the building and along the western driveway, the applicant would still be proposing the same level of fill as before. Staff believes the other option discussed during the on-site meeting, i.e., lowering the first floor elevation of the building and adjusting the grades of the driveway and parking area, would more fully address the concerns of the adjacent property owner and would create a development that is more consistent with the objectives and requirements of the Town s land disturbance ordinance. Staff would note that the concerns regarding the placement of fill within five feet of the property line and the amount of fill being placed in the southwest corner of the building were identified in the original staff report to the Planning Board dated July 11, The Planning Board discussed these issues during both meetings. Having not heard from Mr. Evans, the Planning Board concluded at that time that the stormwater plan was adequate to address these concerns. Regarding the other aspects of the proposed development: The applicant has developed a buffering and landscaping plan which is consistent with the requirements of the Town s ordinance regarding landscaping, buffering, and overall tree

7 5 Town of Duck, North Carolina Department of Community Development CUP , TFP, LLC 109 Scarborough Lane Agenda Item 5B preservation. The Planning Board has recommended an additional condition which requires the applicant to conduct a pre-construction meeting with staff to identify opportunities to preserve additional vegetation on the property once the development area has been staked. Staff would note that the building design, including the size and scale and use of materials, is consistent with the Town s commercial design standards. A color rendering is provided in the attachments. The applicant has also provided a lighting plan, which utilizes a combination of wall mounted fixtures and low bollards to provide security level lighting for the building and parking area. Staff finds this plan to be consistent with Town Code requirements and lighting objectives. The application complies with the Town s administrative lot coverage, setbacks, and building height requirements. Staff would note that the drive aisle does not address a Town Code provision which requires an 80 foot separation between commercial driveways. However, the proposed driveway is in approximately the same location of the previous driveway and is located to the western boundary of this site to limit impacts to the slope on the east side of the property. This location and the circular driveway provide an acceptable configuration and the proximity of driveways is less of a concern for sites located off of NC 12. Staff has requested that the vegetation in the right-of-way be trimmed back to allow for adequate site distance, particularly east of the easternmost driveway. Town Code Section (C)(11) establishes conditional use standards for Rental Property Management/Maintenance Offices including a building size limitation of 5,000 square feet, building orientation and design requirements, as well as buffer requirements. It appears these items have been addressed by the application. Other conditions such as the limitation of tractor trailers on the site and the requirement that all repair work be conducted inside the building should be placed on the final conditional use permit. Recommendation As mentioned in this report, the Planning Board recommended approval of the conditional use permit at its August 14, 2013 regular meeting. A draft copy of the conditional use permit is attached for the Town Council s reference. Staff has outlined in this report additional concerns that have been expressed by the western adjacent property owner since the Planning Board meeting on August 14 th. Several meetings have occurred between staff and the applicant to determine what measures could be taken to address these concerns. The applicant has submitted an alternative proposal to construct a retaining wall five feet from the western boundary of the property. Staff believes this alleviates concerns regarding the placement of fill within five feet of the property boundary. However, staff believes a second alternative described herein (lowering

8 Town of Duck, North Carolina Department of Community Development CUP , TFP, LLC 109 Scarborough Lane Agenda Item 5B the building feet thereby lowering the elevations of the parking area and driveway along western property line) would be more consistent with the objectives and regulatory requirements of the Town s land disturbance ordinance. Staff would recommend that the Town Council direct the applicant to pursue this option. Staff has communicated this recommendation to the applicant and has suggested that the applicant examine the feasibility of this prior to the Town Council meeting. Staff is prepared to recommend approval of all other aspects of the project consistent with the Planning Board s recommendation. ATTACHMENTS A. Conditional Use Permit Application B. Property Location Map C. Tax Parcel Information D. Village Commercial Development Option Language E. Revised Site Plan, Lighting Plan, Grading and Drainage Plan, Landscaping Plan F. Building Elevations and Color Rendering G. Alternative Grading Plan (depicting western retaining wall) H. Landscaping Plan Depicting Proposed Site Plan and Trees to be Removed I. Draft Conditional Use Permit Document J. Comments 6

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13 106 SCARBOROUGH LN 114 Property 112 Location 116 Map 109 Scarborough Lane ² 1 in. = 50 ft

14 Parcel Card Parcel Number: Print Date: 6/21/2013 County of Dare, North Carolina *Owner and Parcel information is based on current data on file and was last updated on 6/18/2013 Owner Information: TFP, LLC PO BOX 369 COROLLA NC Parcel Information: Parcel: PIN: District: 21 - DUCK Subdivision: SUBDIVISION - NONE LotBlkSect: LOT: PARCEL B Multiple Lots: - PlatCabSlide: PL: E SL: 224 Units: 1 Deed Date: 10/31/2012 BkPg: 1912/0226 *All information below is based on 2012 data on file Property Use: Single Family Residential 109 SCARBOROUGH LN BUILDING USE and FEATURES Building Billing Value: $84,700 BUSE: Single Fam Dwg Exterior Walls Cedar Lap Siding - N/A Actual Year Built: 1984 Interior Walls Plywood Panel - N/A Baths: 1 Floors Sheet Vinyl - Carpeting Bedrooms: 3 Roof Cover Asphalt Composition Shingle FINISHED SQ FT: *please see notes below* Roof Structure Gable or Hip drawing1 = 1264 Heat-Fuel Electric Heat-Type Forced Air / Duct Air Conditioning None MISCELLANEOUS USE Misc Billing Value: $0 Muse1: Muse2: Muse3: Muse4: Muse5: LAND USE Land Billing Value: $369,100 LUSE: Comm Ocean Infl Luse2: Luse3: Luse4: Luse5: Luse6: LAND AREA: *please see notes below Square Feet Total 2012 Tax Billing Value: $453,800 Values are for the 2012 tax bill period. *Finished Square Footage of the building(s) and Land Area information is based on data in the Tax Appraisal program as of March :37:27 AM]

15 V-C VILLAGE COMMERCIAL DISTRICT. (A) Intent. The V-C District is established to provide limited commercial areas to serve existing or developing residential neighborhoods in the town. The intent of this district is to provide the goods and services needed by permanent and seasonal visitors in concentrated locations on state maintained highways. (B) Permitted uses. The following uses shall be permitted by right: (1) General and medical offices; (2) Retail establishments; (3) Personal service establishments; (4) Public and private schools; (5) Town-owned or leased facilities; (6) Minor home occupations; (7) Major home occupations, provided the profession or occupation is a by-right permitted use in the district; and (8) Accessory apartments located above/attached to commercial buildings. The total floor area of accessory apartments shall not exceed 50% of the floor area of the commercial structure to which it is accessory (floor area to be calculated exclusive of porches or decks). (C) Conditional uses. The following uses may be permitted, subject to the requirements of this district and additional regulations and requirements imposed by the Town Council as provided in et seq.: (1) Gas pumps in conjunction with a permitted use under division (B) above; provided, that no principal or accessory building shall be located within 50 feet of a residential use or residential district, and that any gas pumps shall be set back at least 25 feet from all rights-of-way; (2) Public and private utility facilities; (3) Boat-launching and rental facilities; (4) Eating establishments as defined in , and subject to the requirements (5) Group developments with a maximum area of 5,000 square feet per individual building excluding porches and decks; (6) Village commercial development option:

16 (a) Purpose. 1. The village commercial development option is established as a conditional use permit to facilitate appropriate development within the Village Commercial District. 2. The development option implements the CAMA land use plan by assisting in the creation of a mixed use destination of a size, scale and architectural character that will complement the Village Commercial District that is at the heart of the Town of Duck. 3. Development and redevelopment within this area will recognize the linear pattern of development over time in the village commercial zoning district and will provide opportunities for custom site-specific development review to implement town policies encouraging shared parking, limited vehicular access and pedestrian accommodation, promote a mix of land uses, and reinforce the Village Commercial District as an exceptional and distinctive place to live, work and recreate. (b) Applicability. 1. The village commercial development option is available, upon approval by the Town Council, to properties located within the Village Commercial District. 2. Where the requirements contained in this chapter conflict with other provisions contained in the Zoning Chapter for the town, the provisions of this chapter shall prevail. (c) Submission requirements: 1. Application to establish the village commercial development option designation for any parcel shall be made as a conditional use permit application and submitted to the Director of Planning (The Director) by the property owner, contract purchaser with the owner s consent, or the owner s agent on forms provided by the Director. The application shall be accompanied by required fees and a plat bearing a certification date within 9 months of the date of filing the application, prepared by a certified surveyor. In addition, the applicant shall provide the information in this division (C)(6)(c). No application shall be considered filed until all required information is submitted; 2. A parking analysis addressing the relationship of the proposed development to existing and proposed parking facilities within the Village Commercial District. The analysis shall include the projected parking demand for the proposed development and the location and amount of parking to be provided, on-site or off-site, or otherwise utilized by the development; 3. An analysis of the height of all proposed structures with a graphic and text description and comparison of the proposed height to the adjacent and proximate development; 4. A conceptual development plan (CDP) containing the following information:

17 a. Building locations, building heights, number of dwelling units, proposed uses and gross square footage of all uses; b. Total area of the application property; c. Proposed setbacks from all property lines, and from all nonresidential structures to the nearest residential structure; d. Proposed methods of landscaping and screening; e. Proposed methods of ingress, egress and internal circulation; f. Topographic contours and conceptual grading plan; g. Proposed improvements to adjacent rights-of-way; h. Proposed on-site pedestrian walkways, plazas and other pedestrian accommodations; i. Proposed development schedule indicating the stages of development, if applicable; j. Locations of existing easements and property lines, and approximate locations of proposed easements and property lines; k. Location and description of any structure located within the Village Commercial District proposed to be moved or demolished; and l. Conceptual architectural elevations depicting the proposed architectural design, materials, and dimensions of all elevations. 5. A traffic analysis evaluating the proposed access to the site, vehicle trip generation characteristics and the anticipated traffic impact on adjacent streets and the surrounding area. (d) Procedures. 1. Each application submitted for a conditional use permit for the village commercial development option shall be reviewed by staff and scheduled for review and recommendation by the Planning Board and public hearing by the Town Council. Advertising and notification shall be accomplished in accordance with the requirements contained in below. 2. The Town Council shall conduct a public hearing and may approve the village commercial development option designation, including the conceptual development plan, only after considering the adopted policies and goals contained in the CAMA land use plan and the architectural control guidelines and regulations for the Village Commercial District as well as the criteria contained in below.

18 3. The Town Council may impose conditions as part of the approval of any village commercial development option application as deemed necessary in the public. Surety in a form acceptable to the town attorney may be required to ensure compliance with conditions imposed by the Town Council. 4. A village commercial development option designation shall expire 18 months following the date of approval by the Town Council unless construction of the proposed development has commenced. The Director may grant a single 12-month extension provided that the applicant adequately demonstrates due diligence toward initiation of the development. 5. Approval of the conceptual development plan accompanying the application for the village commercial development option, as recommended by the Planning Board and as may be amended by the Town Council, shall also constitute approval of the proposed development as to scale, heights, setbacks, parking, required public improvements, architectural character and other items specifically addressed. a. Subsequent site plan and architectural review and approval shall be as specified in the Zoning Chapter. b. In those reviews, the site plan approving agent and the architectural review committee (if applicable) shall ensure substantial accordance of the site and architectural plans with the conceptual development plan approved by the Town Council. c. The Director may permit minor deviations from the footprints of structures approved on the conceptual development plan, provided that the proposed deviations are in substantial accord with the conceptual development plan, will not result in increased square footage of development, and will not result in increased height of any structure. 6. Upon Town Council approval of the village commercial development option, the Director shall have the authority to review and approve subdivision applications and plats associated therewith. (e) Uses permitted. The permitted uses contained in the Village Commercial Zoning District regulations shall be effective. (f) Bulk and lot area requirements. Bulk and lot area requirements of the Village Commercial Zoning District shall be effective, except to the extent that they are modified in this section. In conjunction with the approval of the required conceptual development plan, notwithstanding provisions to the contrary contained in this chapter, the Town Council may approve modifications to the requirements contained in this chapter, without further requirements for a variance or special exception, if it finds that the proposed modifications will otherwise contribute to the town s objectives as stated in the purpose of this subchapter. 1. Minimum lot area: none. 2. Minimum lot width: none.

19 3. Maximum building height: height limitations shall be as prescribed in the Village Commercial District regulations. 4. Yard requirements: a. Front. Front yards shall be established to provide for adequate sight distance, consistency in the streetscape, and appropriate pedestrian accommodations. Required front yards shall be determined by the Town Council with the approval of the conceptual development plan, after considering the existing setbacks of adjacent and proximate buildings, appropriate landscaping, and the planned character of the block in which the property is located in the event of a multi-lot development. b. Side. None, except that appropriate buffering to adjacent properties shall be provided as determined by the Town Council with the approval of the conceptual development plan. c. Rear. None, except that appropriate buffering to adjacent properties shall be provided as determined by the Town Council with the approval of the conceptual development plan. 5. Open space and landscape requirements: determined in the context of the conceptual development plan. 6. Lot coverage requirements: determined in the context of the conceptual development plan. (7) Resident businesses; (8) Churches and other associated church facilities including fellowship halls, sanctuaries, parsonages, church schools, parking areas, offices, and columbaria structures, provided that the following requirements shall be met: (a) Columbaria structures shall not significantly change the exterior appearance of the site visible from roadway rights-of-way and adjacent properties. (b) Columbaria structures shall be constructed with minimum impact to surrounding areas. (c) Columbaria structures shall not constitute a significant portion of the site. (d) Columbaria structures shall meet the setbacks of the underlying zoning district. (e) Columbaria structures shall not exceed 5 feet in height. (9) Commercial or institutional structures greater than 5,000 gross square feet, excluding decks and porches, but less than 10,000 gross square feet; and (10) Bed and breakfast inns. (11) Rental property management/maintenance office.

20 (a) Buildings and sites shall be designed and constructed in strict accordance with the town commercial development and design standards. (b) Buildings shall not exceed 5,000 square feet of gross floor area excluding decks, porches and similar non-heated space. (c) Traffic/transportation. 1. The site plan shall incorporate a pedestrian friendly design that limits parking between commercial buildings and adjacent rights-of-way. 2. Vans and step vans are allowed for delivery of items (e.g. parcel delivery) however tractor trailers are not allowed. (d) All repair work and maintenance activities, other than normal maintenance to the building and grounds, shall occur inside the principal structure. (e) Freestanding signage shall be discouraged in settings where not practical or necessary to the nature of the business. All signage shall conform to (f) A vegetated buffer strip at least 20 feet in width that provides year round screening is required where this use abuts a residential zone. (D) Dimensional requirements. (1) Minimum lot area: 20,000 square feet. Commercial lots shall be of sufficient size to meet requirements of the Dare County Health Department, to provide adequate siting for structures, and to provide parking, loading and maneuvering space for vehicles as required by through below. In addition, a vegetated buffer strip at least 10 feet in width that provides year round screening to adjacent properties and a 20-foot wide setback is required where a commercial use or zone abuts a residential use or zone. (2) Minimum front yard: 15 feet. (3) Minimum side yard: 10 feet. No side yard required if commercial building constructed with a common wall. An additional 5-foot side yard adjacent to the street is required for a corner lot. (4) Minimum rear yard: 20 feet. (5) Maximum allowable lot coverage by principal use and all accessory structures: 60%. (6) Height limitation: 35 feet. (7) Maximum gross building size: 5,000 square feet excluding decks, porches and similar nonheated space, except as otherwise provided herein.

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39 Return to: Town of Duck Document Prepared by: Town of Duck P.O. Box 8369 P.O. Box 8369 Duck, NC Duck, NC NORTH CAROLINA TOWN OF DUCK RE: Application of TFP, LLC to approve a conditional use permit under the Village Commercial Development Option for construction of a Rental Property Management/Maintenance Office at 109 Scarborough Lane in the Town of Duck, North Carolina Conditional Use Permit Conditional Use Permit subject to the Village Commercial Development Option with approval, subject to conditions herein, of a conceptual site plan to construct a 5,000 square foot Rental Property Management/ Maintenance Office On, the TOWN COUNCIL OF DUCK, NORTH CAROLINA conducted a public hearing and considered an application for a Conditional Use Permit to permit a Rental Property Management/Maintenance Office at 109 Scarborough Lane, subject to a conceptual site plan with exhibits and architectural renderings as submitted, and FINDS AS FOLLOWS: 1. That the written application of Petitioners with attachments as originally submitted June 20, 2013 and as revised through, HAS been duly submitted to the Town of Duck Planning Board and Town Council as required by Town Code Section (C)(6), , and (hereinafter referred to as Code ) and that advertising and notification have been accomplished consistent with zoning ordinance section ; 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 owns the property at 109 Scarborough Lane [PIN ], located in the Village Commercial zoning district of Duck;

40 4. That the application as submitted proposes modifications to zoning code requirements for site design and commercial development standards, that may be approved by conditional use permit pursuant to Town Code Section (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 Permit with conditions as described in the draft meeting minutes of the Planning Board meeting of August 14, 2013 and as described in a transmittal letter to the Town Council dated. 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 narrative 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 Town Code Section (C)(6)(a); 8. That the application IS consistent with the Town s adopted CAMA Core Land Use Plan as required by Town Code Section (C)(6) in that it proposes uses consistent with the Town s goals and objectives for quality commercial development in the village core. NOW, THEREFORE, under the provisions of the Code, the requested conditional use permit, _, is APPROVED WITH MODIFICATIONS AND CONDITIONS to TFP, LLC, subject to such conditions as are hereinafter set out: CONDITIONS: 1. That the applicant obtain all required county, state and federal permits and encroachment agreements as may be required prior to the issuance of a building permit. 2. That the applicant submit the final site plan and site plan review fees as provided for in the Town s adopted fee schedule concurrent with final engineer-stamped site plan drawings, as may be revised through the approval and condition process, with all required information including tabulations, water and utility connections, and landscaping, that appropriately reference the CUP(s) approved with conditions, prior to issuance of building permits therefore, and develop the property in substantial conformance with the submitted conceptual site plan last revised on August 20, 2013, as may be modified herein and all landscape plans, signage drawings, and architectural renderings as approved by the Town Council. 3. That the building be constructed in substantial conformance with the architectural features as shown in architectural renderings submitted with the conditional use permit application as prepared by CPAA, Inc. last revised on June 26, 2013.

41 4. That mechanical equipment be located out of public view from adjacent rights-of-way and be adequately screened using siding and trim materials to match the proposed building. 5. That the retaining wall on the east side of the drive aisle and parking area be installed using the helical anchoring system as described in the applicant s narrative dated July 31, 2013 to preserve the vegetation on the east side of the wall. 6. That the Rental Property Management/Maintenance Office be operated in accordance with the conditions applicable to such uses as prescribed in Town Code Section (C)(11). 7. That the applicant shall hold a pre-construction meeting with Town staff for the purpose of reviewing the vegetation preservation area and identifying any potential trees to be preserved which are not already designated to be saved on the landscape plan. 8. This conditional use permit shall expire in 18 months from the date of approval, as provided by Town Code Section (C)(6), unless construction has commenced with appropriate site plan and building permit approvals. THIS date of, 2013 SEAL: ATTEST: TOWN OF DUCK By: Lori A. Kopec Town Clerk By: Don Kingston Mayor THIS PERMIT AND THE CONDITIONS ARE ACCEPTED: BY: 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.

42 My Commission Expires: Notary Public STATE OF COUNTY OF

43 Sandy Cross From: Sent: To: Cc: Subject: Lori Kopec Tuesday, August 13, :41 AM Andy Garman; Chris Layton Sandy Cross Fwd: For Submission: Regarding CUP Sent from my iphone Begin forwarded message: From: Nancy Caviness Date: August 13, 2013, 7:37:45 AM EDT To: info townofduck Subject: For Submission: Regarding CUP From: "Advice 5, a bed & breakfast" <advice5cents@charter.net> Date: August 13, :33:45 AM EDT To: Joe Blakaitis <blak@aginet.com> Cc: Andy Garman <agarman@townofduck.com>, Barbara Raffaldini <barbarar@pgr-law.com>, "Robert A. Boester, Esq." <rab@hbbpc.hrcoxmail.com>, George Johnson <gjohnson@columbus.rr.com>, Trudie Seeger <tleland@columbus.rr.com>, Tim Lanham <tim@hotshotrecords.us>, Larry Green <lawrence.green7@verizon.net>, Mike Miller <mikem@millerarchitects.com>, wperry@perryautogroup.com Subject: Regarding CUP : Photo Perspective from 111 Scarborough Lane Chairman Blakaitis - Regarding CUP , we are submitting the link to photographs documenting existing vegetation that will be impacted by the project proposed for 109 Scarborough Lane. While the majority of these photographs depict the potential negative impacts to our location at 111 Scarborough a few have been included to show that impacts will not be confined to our property located to the east. The properties located at 109 Scarborough as well as lots situated to the south in Four Seasons and to the west on Scarborough Lane would also be negatively impacted. As stated by our representative, Barbara Raffaldini, at the last meeting of the Planning Board, the project as initially proposed would destroy a substantial 1

44 vegetative buffer and wildlife habitat that shields our property and the Sea Pines subdivision from the impacts of noise, light, and weather. Such impacts will have an acute deleterious effect on both our business (Advice 5, a bed & breakfast, est. 1995) and residence. As everyone is well aware, a substantial portion of our surrounding area's tree canopy was destroyed during the tornado on April 16, Regeneration from the vegetative and tree damage that occurred during this storm has been a long process. Photographs may be found at this link: perspective from guest dining room 4 & 5 perspective from ship's tower 6-8 perspective from private quarters/kitchen 9-11 perspective from driveway area of perspective from street level of Scarborough Lane/entry and exit into Sea Pines subdivision 18 & 19 perspective from 114 Scarborough Lane (owner Wayne Perry) perspective from guest decks perspective from southern walkway of Four Seasons Subdivision One of us will be present at the August 14th meeting of the Planning Board should you have any questions. Thank you for your consideration. Respectfully submitted, Donna Black & Nancy Caviness Advice 5 LLC 111 Scarborough Lane, Duck 2

45 Sandy Cross From: Sent: To: Cc: Subject: Lori Kopec Tuesday, August 13, :58 PM Andy Garman; Chris Layton Sandy Cross FW: CUP From: Snaman, Jim Sent: Tuesday, August 13, :56 PM To: info townofduck Subject: CUP Good Afternoon, I am not overly familiar with this request but find it interesting that we are conducting a study on trying to figure out how to increase safety and usability of highways and walking paths within the Town of Duck, primarily in the immediate area of where this request is being made. Adding more congestion, traffic and parking will only serve to increase the overall congestion and potentially cause safety issues. I would recommend that this application be held in ambiance until or reviewed in conjunction with the ongoing study of traffic and walkways within the downtown area of Duck Thank You Jim Jim Snaman 109 Duck Landing Lane 1

46 The following represents comments in the form of an ordinance mark-up from Bob Evans received by Town staff on August 16, 2013.

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54 Sandy Cross From: Sent: To: Subject: Robert Boester Monday, August 26, :02 PM Andy Garman Re: CUP Andy we met at a Saltaire meeting about the Duck Deli. You and your staff do a very nice job. FYI I am a trial lawyer in Hampton, and our City is one of my clients. I know a reasonable amount about municipal law. In this case I am writing totally as a longtime Duck property owner. I know you have a constant balancing act between commercial interests, the general theme of the Town (which is just perfect, in my view) and residential property rights. In this case, the changes to the application you have recommended are right on target. Thanks again, Bob Boester From: Andy Garman Sent: Monday, August 26, :55 AM To: 'Robert Boester' Subject: RE: CUP Mr. Boester, Thank you for your comments related to the proposed project 109 Scarborough Lane. We will make sure the Town Council receives them as part of the deliberation process. Please let me know if you have additional questions. Andy Garman Town of Duck, North Carolina From: Robert Boester [mailto:rab@hbbpc.hrcoxmail.com] Sent: Friday, August 23, :10 AM To: Andy Garman Subject: CUP Dear Mr. Garman: I am a property owner at 112 Marlin Drive, and my family has owned that property since the early 1980 s when Wee Winks was the only store. We have watched Duck become completely developed, and have been happy with the balance that the Town has achieved between commercial and private interests. We have been watching the application referenced above carefully as it will impact a residential neighborhood, and also the entrance to Duck. We are very pleased with the limits that have been recommended to the Town Council, and feel strongly that, if anything, they need to be strengthened if the changes are to be permitted. While I 1

55 understand the needs of the involved business, they need to be balanced against what is best for the community as a whole. In our view, the Planning Board is certainly on the right track. We recommend that the Council grant the application, but only with the recommended safeguards in place. Thank you for your consideration. Sincerely, Robert A. Boester, Esq. 112 Marlin Drive Duck, North Carolina 2