Agenda Town of Duck Planning Board Regular Meeting Paul F. Keller Meeting Hall Wednesday, November 14, :30 p.m.

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Agenda Town of Duck Planning Board Regular Meeting Paul F. Keller Meeting Hall Wednesday, November 14, 2018 6:30 p.m. 1. Call to Order 2. Public Comment 3. New Business a. Conditional Use Permit 18-009: Application for a conditional use permit to construct a 2,364 square foot restaurant and apply the Village Commercial Development Option seeking flexible development standards for parking requirements and parking setbacks at 1184 Duck Road. 4. Old Business a. Update on Ordinance 18-06: Maximum House Size/Septic Capacity 5. Approval of Minutes a. Minutes from October 10, 2018 Regular Meeting 6. Staff Comments a. Summary of November 7, 2018 Town Council Meeting b. Project Updates 7. Board Comments 8. Adjournment

Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a ADDENDUM TO: Chairman Blakaitis and Members of the Town of Duck Planning Board FROM: Joe Heard, AICP, Director of Community Development DATE: November 14, 2018 RE: CUP Application 18-009, The Parker House Restaurant, 1184 Duck Road Following preparation of the staff report, I was made aware of an issue regarding the location of the front property line. As the proposed redevelopment of 1184 Duck Road makes changes that will impact the Town s upcoming sidewalk project, I sent a copy of the site plan to VHB, the Town s engineer for the pedestrian plan. After reviewing the plan, VHB found a discrepancy between the survey used for the site plan and their survey for the sidewalk project. To summarize, the sidewalk project was designed to be located entirely within the public right-ofway for Duck Road. However, the actual edge of the right-of-way (as shown on the site plan) is located further to the east. This correction will require a portion of the sidewalk to be located on the subject property. It also means that there is not as much room from the eastern edge of the parking area to the sidewalk. The applicant s engineer, VHB, and I have reviewed the situation and developed several potential solutions to the issue, any of which will involve changes to the site plan. However, a majority of the site plan will remain substantially the same. These potential amendments will be discussed at the Planning Board meeting to determine which option is preferred by the Planning Board and acceptable to the applicant. 1

Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a TO: Chairman Blakaitis and Members of the Town of Duck Planning Board FROM: Joe Heard, AICP, Director of Community Development DATE: November 14, 2018 RE: CUP Application 18-009, The Parker House Restaurant, 1184 Duck Road Application Information Application #: CUP 18-009 Project Location: 1184 Duck Road Dare County PIN: 985916833607 Zoning: Village Commercial (V-C) Property Owner: The Parker House, LLC Applicant/Contact: Dan Byard, The Parker House, LLC Andy Deel, Deel Engineering Chris Nason, Beacon Architecture Public Notice Public Meeting Advertised: November 4 & 11, 2018 (Coastland Times) Public Meeting Notices Sent: November 5, 2018 Public Meeting Sign Posted: October 30, 2018 Public Meeting Town Website: October 30, 2018 Public Meeting Town Hall Posted: October 30, 2018 Proposal As outlined in the application materials for the proposed project (Attachments C, D, and E), the applicant is requesting a conditional use permit to demolish the existing real estate office and construct a new restaurant with 38 seats and 2,364 square feet in size at 1184 Duck Road. A 365 square foot outdoor seating area will also be provided on the deck adjoining the western (rear) side of the restaurant. Additional improvements associated with the proposed redevelopment include: Construction of wooden decking and walkways. Addition of a second wooden walkway connection to the Town of Duck boardwalk. Relocation of the entrance/exit driveway. Construction of eleven (11) parking spaces and loading zone. Installation of a bicycle rack. Utility improvements supporting the proposed development. 1

Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a As part of this application, conditional use permit approval is also being sought to apply the Village Commercial Development Option to allow a reduction in the minimum parking requirements and front parking setback. Property Information The property at 1184 Duck Road is 16,748 square feet (0.39 acre) in size and zoned Village Commercial (V-C). The property presently contains an office building 2,256 square feet in size housing Brindley Beach Realty. Brindley Beach Realty plans to vacate the property when its lease expires at the end of this calendar year. The existing development of the property is nonconforming with minimum parking setbacks and maximum lot coverage in CAMA areas of environmental concern. The subject property has frontage on the Currituck Sound to the west. Abutting the subject property to the south is a V-C zoned property containing a variety of retail and office uses in the Soundside Shoppes. Across Duck Road to the east is the Scarborough Faire shopping center, also zoned V-C. The adjoining property to the north is zoned V-C and contains the Super Wings store. Staff Analysis This application is being submitted for a conditional use permit to demolish the existing real estate office and construct a new restaurant (eating/drinking establishment) at 1184 Duck Road. Proposed Use 156.036(B): The applicant is seeking to establish a new restaurant with 44 seats. An eating/drinking establishment is a conditionally permitted use in the Village Commercial (V-C) district. Lot Area 156.036(D)(1): The parcel at 1184 Duck Road is 16,748 square feet (0.39 acre) in size, which is smaller than the minimum lot size of 20,000 square feet for the V-C district. As an existing, nonconforming parcel, the lot can be redeveloped so long as the Planning Board finds that the lot is of sufficient size to meet the requirements of the Dare County Health Department, to provide adequate siting for structures, and to provide parking, loading, and maneuvering space for vehicles. Lot Coverage 156.036(D)(5): The existing development on the subject property covers 10,011 square feet (59.8%), just less than the maximum lot coverage requirement of 60% in the Village Commercial (V-C) district. The proposed redevelopment of the subject property will significantly decrease the amount of lot coverage by 3,061 square feet. With this decrease, the total amount of lot coverage will be 6,950 square feet (41.5%), in much greater compliance with the lot coverage standard. 2

3 Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a CAMA Lot Coverage: The existing driveway, parking areas, and structures on the property cover approximately 57% of the area within the 75-foot CAMA Area of Concern (AEC). The existing coverage is nonconforming as only 30% coverage is permitted in the AEC. The proposed redevelopment decreases the amount of AEC coverage to 27.3%, bringing the property into conformity with the CAMA lot coverage standard. In addition, paved and gravel parking areas presently cover 84.3% of the CAMA buffer area extending 30 feet from the bulkhead. No lot coverage is permitted within the buffer area, making the existing development significantly nonconforming. The proposed redevelopment will remove all lot coverage in the CAMA buffer area, bringing the property into full compliance with current CAMA lot coverage standards. Building Setbacks - 156.036(D)(2), (3) & (4): Proposed Required Front 106 feet 15 feet Rear 32 feet 20 feet South Side 10.9 feet 10 feet North Side 16.5 feet 10 feet The proposed building complies with all minimum building setback standards. Vehicular Access 156.093(G) & 156.112: The proposed drive aisle width of 20 feet is the minimum recommended for 90-degree parking by generally accepted traffic standards. With a width of 24 feet at the property line, the proposed driveway complies with the maximum width standard of 30 feet. The driveway width of 40 feet at the road edge also complies with the Town s maximum requirement of 40 feet. The distance between the existing access drive and driveway into the Soundside Shoppes to the south is presently 54 feet. This layout does not comply with the Town standards requiring a minimum 80-foot separation between driveways. The existing driveway is proposed to be relocated 30 feet to the north (approximately 84 feet from the driveway to the south). This improvement will bring the property into compliance with driveway separation standards. The applicant must obtain a driveway permit from the N.C. Department of Transportation (NCDOT) to relocate the access drive. Pedestrian Access: By the anticipated completion date for this project, the second phase of the Duck Village pedestrian improvements (including a sidewalk and bike lane) will have been installed along the western side of Duck Road in front of the subject property. The proposed walkway from the sidewalk to the restaurant will provide convenient access for pedestrians to the restaurant.

Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a In addition, the applicant is proposing to provide a second connection to the Town boardwalk near the northwest corner of the subject property. These boardwalk connections also provide convenient access for pedestrians to the restaurant. Standard walkways and ADA handicap access ramps are being provided from both directions to the restaurant. Parking Spaces (156.093 & 156.094): The proposed redevelopment includes the construction of a new concrete parking area containing eleven (11) parking spaces located near the front of the property. The minimum number of parking spaces for the proposed restaurant is calculated below: Use Size Ratio # Required Spaces Restaurant (indoor) 38 seats 1/3 seats 12.7 spaces 6 employees 1/3 employees 2.0 spaces Restaurant (outdoor) 365 s.f. 1/150 s.f. 1st 150 s.f. 1.4 spaces TOTAL 16.1 spaces **The minimum parking requirement rounds down to 16 parking spaces. As the proposed parking area contains only eleven (11) spaces, the amount of parking available is five (5) spaces short of complying with the minimum parking standards. The applicant is seeking relief through the Village Commercial Development Option to reduce the minimum parking requirement and find that eleven (11) parking spaces are adequate to serve the proposed restaurant on the site. One (1) of the proposed parking spaces is designed to be ADA handicap accessible, which complies with the standards of the Americans with Disabilities Act (ADA). The applicant has also proposed to install a bike rack located just west of the parking lot and loading zone. The bike rack location is convenient to the future bicycle lane and sidewalk at the front of the property. Parking Location (156.093 & 156.112): Found in the definition of the term Yard, Town standards require a minimum setback of ten feet (10 ) from property lines for parking spaces. Proposed parking spaces #5 and #11 are located within the ten-foot setback, approximately three feet (3 ) from the front property line. The applicant is seeking approval of reduced setback requirements for the two (2) parking spaces referenced above under the Village Commercial Development Option. 4

5 Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a Loading Zone (156.094): The proposed parking area contains a loading zone at the western end of the parking area in close proximity to the restaurant. As most of the deliveries will occur during morning hours when the restaurant is not open, there should be minimal conflict between delivery trucks and customers parking on-site. Waste Management: A commercial dumpster large enough to accommodate a regular and a recycling container is proposed to be located at the rear of the parking area adjoining space #1. The dumpster pad will be enclosed on at least three (3) sides as required by Town standards. Landscaping (156.115 & 156.137): The site plan shows new landscaping including a live oak tree in the southeast corner, live oak tree in the northwest corner, and four (4) crape myrtles by the front of the restaurant. Additional low shrubs will be planted along the front of the property between the parking spaces and Town sidewalk in the right-of-way. The number and location of the trees and shrubs complies with the Town s landscaping standards. As the adjacent parcels are also zoned Village Commercial (V-C) and used commercially, there are no requirements for buffering the subject property from these properties. Lighting (156.133): The applicant will provide detailed information to the Community Development Department to determine if exterior lighting will comply with the Town s lighting standards prior to the issuance of a building permit for the new construction. Signs (156.130): The applicant has proposed a location for a new freestanding sign near the northeast corner of the property. This location complies with the Town s minimum setback of five feet (5 ) from the front property line. All new signs will be reviewed and approved under a separate permit by the Community Development Department. Water Service (156.125): Sheet 6 of the Site Plan The project would involve relocation of the existing water meter and installation of a one-inch (1 ) water line running parallel to the southern property line to serve the proposed building. A fire hydrant serving the new development will be added along Duck Road in the southeast corner of the property. Wastewater Disposal (156.125): The applicant has submitted plans to the Dare County Environmental Health Department for review. Jack Flythe, Supervisor of the Environmental Health Department, commented that the

Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a concept of the on-site wastewater system information contained in your submittal packet appears to be favorable upon our initial review. However, our full review is still in process at this time. The applicant must obtain a permit from the Dare County Environmental Health Department for the design and installation of the proposed wastewater treatment system improvements prior to the issuance of a land disturbance or building permit. Land Disturbance: The applicant must obtain a land disturbance permit from the Community Development Department prior to engaging in any tree removal, fill, or grading activity on site. All fill and grading activities must be consistent with Town standards. Stormwater Management: The proposed redevelopment of the site will significantly lessen the amount of impervious coverage and amount of stormwater runoff on the site. To help manage the stormwater runoff created by the proposed building and parking improvements, much of the stormwater is being directed to an existing swale/ditch running along the northern side of the property and connecting to an existing pipe and drop inlet that conveys the water to Currituck Sound. Town Consulting Engineer Mike Robinson has reviewed and approved the stormwater calculations, stormwater management plan, and proposed improvements. Flood Zone Chapter 150: The subject property is presently located in an AE flood zone. The base flood elevation (BFE) in the AE zone is seven feet (7 ), with a regulatory flood protection elevation (RFPE) of eight feet (including the one-foot freeboard requirement in the Town s flood damage protection ordinance). Therefore, the proposed building must be elevated at least eight feet (8 ) above mean sea level. The architect s elevation drawings show an elevated building. The exact elevation details will be provided during the building permit review process. CAMA: The location of the CAMA setback and area of environmental concern (AEC) are shown toward the western side of the site plan. Proposed ramps, walkways, and decking are located within the AEC and will require a CAMA minor permit from the N.C. Division of Coastal Management. Building Size 156.036(D)(7): The proposed building contains 2,364 square feet of heated space. There is additional decking being provided around the southern and western sides of the restaurant including 365 square feet of decking to be used as an outdoor dining area. This proposal complies with the maximum building size standard of 5,000 square feet in the V-C district. 6

Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a Building Design Standards (156.111): The applicant is proposing a combination of a traditional one-story, cottage-style design with open, high-ceilinged, modern features. The applicant has provided conceptual building elevation drawings and floor plans for review. The proposed design appears to comply with the standards found in the Town s design standards for commercial buildings. Building Height 156.036(D)(6): The maximum height allowed in the V-C district is thirty-five feet (35 ) to the peak of a building. A specific height has not been provided for the proposed building, but the building is only one story in height, which makes it highly likely to comply with the maximum height standard in the V-C district. Building/Fire Codes: The Fire Marshal, Fire Chief, and Building Inspector noted the challenges of developing a relatively small site in full compliance with the N.C. Fire Code. In particular, the narrow width of the lot and location of the proposed building limit the ability of firefighters to easily access the north side and rear of the subject property. The applicant satisfied these concerns by proposing the installation of fire hydrant along Duck Road in the southeast corner of the property and using the parking drive aisle as a dedicated fire lane providing convenient access at the front for hose to run around either side of the building. Village Commercial Development Option 156.036(C)(6) The applicant is requesting approval of the Village Commercial Development Option (VCDO) for two purposes: 1. To reduce the minimum parking requirement from sixteen (16) parking spaces and find that eleven (11) parking spaces are adequate to serve the proposed restaurant on the site. 2. To reduce the minimum setback for parking spaces at the front of the property from ten feet (10 ) to three feet (3 ) with shrubs planted between the parking spaces and adjoining sidewalk. The VCDO offers flexibility from a variety of development standards in the Village Commercial (V-C) district on a project-specific basis. The Planning Board is asked to determine if the proposed development is consistent with the intent of the VCDO and warrants approval of the requested modifications to the development standards for parking and parking setbacks from the front property line. The stated purposes of the Village Commercial Development Option are: 1. To facilitate appropriate development in the V-C district. 7

Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a 2. To assist in the creation of a mixed-use development of a size, scale, and architectural character that will complement the V-C district that is at the heart of Duck. 3. To provide opportunities for custom site-specific development review to implement Town policies encouraging shared parking, limited vehicular access, pedestrian accommodations, and a mixture of land uses. 4. To reinforce the V-C district as an exceptional and distinctive place to live, work, and recreate. The VCDO standards require consideration of the adopted goals and policies in the CAMA Land Use Plan and architectural design guidelines and regulations for the V-C district. After evaluating the proposed redevelopment for compliance with the intent and objectives of the VCDO, Community Development staff offers the following comments: The architectural design of the proposed building blends a traditional, one-story cottage-style design with open, airy modern design. The modest size of the building is appropriately scaled to the lot. The design of the building is consistent with the scale and character desired in Duck Village. The applicant has proposed walkways that provide convenient access to and from the adjoining boardwalk at the rear of the property and sidewalk and bike lane at the front of the property. The applicant notes that a substantial number of customers will arrive at the site on foot and by bicycle from the adjoining sidewalk and boardwalk. Therefore, the amount of vehicular parking needed is less than typical shopping areas. The redevelopment proposal includes removal of extensive amounts of impervious surfaces in close proximity to the Currituck Sound in the CAMA AEC. These areas of the property will be brought into full compliance with CAMA and Town lot coverage standards as part of the site s redevelopment. Duck CAMA Land Use Plan The Future Land Use Map in the Town of Duck s adopted CAMA Land Use Plan designates the subject property as a Village Commercial Area. The Land Use Plan states, Village commercial areas are areas that should provide limited mixed use commercial and residential areas to serve existing or developing residential neighborhoods in the Town and to provide the goods and services needed by permanent and seasonal visitors. Group developments are envisioned and should be encouraged in these areas. The proposed change of use appears to be consistent with the type of uses allowed and encouraged in a Village Commercial Area. As part of its recommendation, the Planning Board is asked to determine if this conditional use permit application is or is not consistent with the Town s adopted CAMA Land Use Plan. 8

Town of Duck, North Carolina Department of Community Development CUP 18-009, Parker House Restaurant 1184 Duck Road Agenda Item 3a Staff Recommendation Staff recommends APPROVAL of the conditional use permits to construct a restaurant and associated site improvements at 1184 Duck Road subject to the following conditions: 1. The applicant must provide a lighting plan in compliance with the Town s exterior lighting standards. 2. The applicant must obtain a driveway permit from the NCDOT for relocation of the existing driveway further to the north prior to the issuance of a land disturbance permit. 3. The applicant must obtain a permit from the Dare County Environmental Health Department for the design and installation of the proposed wastewater treatment system improvements prior to the issuance of a land disturbance or building permit. 4. The applicant must obtain a CAMA minor permit for all work and improvements within the Area of Environment Concern (AEC) prior to the issuance of a land disturbance or building permit. 5. The proposed boardwalk connection must be designed by an engineer to comply with the standards and specifications of the Town s boardwalk and applicable codes. 6. Any new signs must be reviewed and approved under a separate permit by the Community Development Department. 7. The applicant must submit the final engineer-stamped site plan and site plan review fees as provided for in the Town s adopted fee schedule, as may be revised through the approval and condition process, with all required information referenced in the CUP conditions, prior to issuance of a building permit for the project. 8. The building must be constructed in substantial conformance with the elevation drawings and floor plans submitted with the CUP application, as prepared by Beacon Architecture and dated November 7, 2018. 9. This conditional use permit will expire in 18 months from the date of approval unless construction has commenced with the required site plan and building permit approvals. Attachment A Attachment B Attachment C Attachment D Attachment E Location Map/Property Information Conditional Use Application Project Narrative Site Plans Building Elevations/Floor Plans 9

Attachment A DUCK Town of Duck North Carolina 1184 Duck Road prepared November 9, 2018

County of Dare, North Carolina *Owner and Parcel informa on is based on current data on file and was last updated on November 02 2018 Primary (100%) Owner Informa on: THE PARKER HOUSE LLC 2017 CREEK RD KITTY HAWK NC 27949 Parcel Informa on: Parcel: 010045000 PIN: 985916833607 District: 21- DUCK Subdivision: SUBDIVISION - NONE LotBlkSect: LOT: BLK: SEC: Mul ple Lots: - PlatCabSlide: PL: SL: Units: 0 Deed Date: 12/12/2017 BkPg: 2209/0749 Parcel Status: ACTIVE Property Use: PROFESSIONAL 1184 DUCK RD BUILDING USE & FEATURES Tax Year Bldg Value: $167,500 Next Year Bldg Value: $167,500 Building Use: OFFICE BLDG L/R 1-4S Exterior Walls: Actual Year Built: 1950 Full Baths: Half Baths: Bedrooms: Heat-Fuel: Heat-Type: Finished sq for building 1: 2256 Air Condi oning: Total Finished SqFt for all bldgs: 2256 Disclaimer: In instances where a dwelling contains unfinished living area, the square footage of that area is included in the total finished sq on this record. However, the assessed value for finish has been removed. MISCELLANEOUS USE Tax Year Misc Value: $18,600 Next Year Misc Value: $18,600 Misc Bldg a: (RS1) FRAME UTILITY SHED Year Built: 1993 sq : 336 Misc Bldg b: (RD2) MED. WD. DOCK WD. GIRDERS BOLT Year Built: 1995 sq : 652 Misc Bldg d: (PA1) PAVING ASPHALT PARKING Year Built: 1993 sq : 2500 Misc Bldg e: (TF1) TURFSTONE PAVING Year Built: 1993 sq : 3000 LAND USE Tax Year Land Value: $396,900 Next Year Land Value: $396,900 Land Descrip on : 21-Commercial Sound Front TOTAL LAND AREA: 15500 square feet *Values shown are on file as of November 02 2018 Tax Year Total Value: $583,000 Next Year Total Value: $583,000

Attachment B

Attachment C Project Narrative Parker House Restaurant Conditional Use Permit Application Town of Duck November 6, 2018 General The Parker House Restaurant Project proposes the construction of a new restaurant with associated parking & utility infrastructure on the west side of Duck Road on the site currently occupied by the Brindley office building. All existing landward improvements will be removed to allow for the construction of the new business, resulting in a total reduction of impervious area within the site. The project is located within the V-C (Village Commercial) Zoning District. There are two Conditional Use Permit requests associated with this application; Eating Establishment (Restaurant) is a Conditional Use under the Town s Zoning Ordinance in the V-C District. Village Commercial Development Option is a Conditional Use which allows for alternate compliance with specific ordinance requirements. The Village Commercial Development Option is being sought to address the following items (to be discussed later in this narrative): Parking Setbacks # of Parking Spaces Existing Conditions The existing site consists of 16,748 sf (0.385 acres) of land spanning from Duck Road (NC12) to the Currituck Sound. The site is fully developed as a Realty office building with extensive and varied pavements extending right up to the sound bulkhead. Existing impervious lot coverage is 10,011 sf (59.8% lot coverage). Impervious coverage within the CAMA AEC is 4,380 sf (57% - non-conforming, 30% allowed) and impervious coverage within the 30 CAMA buffer is 3,072 sf (84.3% - non-conforming, 0% allowed).

Proposed Conditions All existing above-ground high-ground improvements are proposed to be removed with this application. All existing water-based improvements (bulkhead, pier, Town walkway, etc.) are proposed to remain. The proposed restaurant site will consist of a 2,364 sf restaurant, 11 parking spaces, a bike rack, a kayak parking deck, a pier with boat parking, and a ramp / deck system that connects Duck Road foot traffic to the restaurant and to the Town Boardwalk. Utility service is provided via a potable water service connection to Dare County Water, an on-site wastewater treatment and disposal system (to be permitted through DCHD), and solid waste and recycling is handled via containers in a screened enclosure. An LID approach to stormwater is utilized. Impervious coverage is greatly reduced (from 10,011 sf to 6,950 sf or 59.8% to 41.5%). Runoff from new impervious surfaces is disconnected such that runoff flows to open landscaped areas for infiltration. Most importantly, all impervious coverage is removed from the 30 CAMA buffer along the waterfront, thereby eliminating a direct discharge of untreated stormwater from the system. The proposed stormwater management system complies with NCDEQ LID requirements for a high-density stormwater project. Stormwater Management Calculations are included with this submission. In the existing condition, the site is out-of-compliance with CAMA rules regarding coverage and buffers (existing 57% coverage within AEC, 30% allowed). The proposed development brings the site into conformance with CAMA by removing all of the existing impervious coverage and replacing it with 27.3% coverage (30% allowed) within the AEC and completely eliminating all impervious coverage within the 30 foot buffer. Consistency with Village Aesthetics & Function Great effort was made to ensure that the project is consistent with the nature of the Village Commercial District. The Eating Establishment use is consistent with existing uses and compatible with the retail mix that exists in the area. The building design reflects the local traditional architecture, and is of a scale that is appropriate for the surrounding area as well as the parcel (Architectural Elevations are included in the submittal). In agreement with stated goals of the Village district, the site encourages multiple methods of transportation and provides multiple points of access. Whereas automobile parking is provided, there is also a proposed bike rack, and area for parking of kayaks, and parallel pull-up mooring for boats along the site s pier. Most importantly, however, is the site s pedestrian access. The site is designed to integrate pedestrian access between the Town s new sidewalk along Duck Road, the proposed restaurant, and the Town s boardwalk. This is accomplished via a system of ramps and decks that run from the site s road frontage all of the way to the Town s boardwalk.

The project site really has two fronts and reflects this in the layout of the site. As noted above, traffic to the site is anticipated to be generated from the Town Boardwalk as well as from Duck Road. To reflect this, the building was designed so that it would not really have a back and would be aesthetically pleasing & traditional from any approach. A scaled-down parking area is situated to the east with pedestrian and water oriented access more oriented to the west (with a connected ramp / walkway) and a grassed yard area in the middle of the site. A review of existing development on the west side of Duck Road within the Village Commercial District shows a mixture of site layouts with the buildings oriented to the east and to the west on the sites. The larger sites generally contain multiple buildings, with some being placed on the east end of the sites and some on the west end of the sites, oriented to the Town Boardwalk. This is a very small site when viewed in a larger context of the surrounding area, the adjoining Bait & Tackle shop in conjunction with the proposed restaurant, provides a similar presentation & experience as those larger sites within the Village. There are also a number of engineering & regulatory reasons that the layout is situated as presented. The on-site septic drainfield must be placed toward the middle of the site in order to maintain setbacks to Currituck Sound. The 30 front building setback squeezes the septic area if the building were to be placed toward the front of the site. Furthermore, the coverage restrictions within the CAMA AEC limit the amount of parking that could be placed there and the site width makes maneuvering past the building difficult if a travel aisle had to be added to access the west side of the building, it would not leave room for the road-to-sound pedestrian access proposed. Additionally, from a water quality standpoint, it is better to have parking areas further away from the sound (water quality off of a rooftop is far superior to water quality off of a parking lot). Village Commercial Development Option Discussion Parking Setbacks The Village Commercial District requires a 10 setback between parking and the Duck Road right-of-way. As noted above, this is an existing small site. In order to provide ample parking, a green space of 3-4 is provided between the proposed parking and the Duck Road right-of-way. This area will be planted in low shrubs for enhanced aesthetics. Parking Calculation The Town s parking calculation for an Eating Establishment of this size prescribes the installation of 17 parking spaces. The application proposes the installation of 11 spaces (a reduction of 35%). This reduction is in-line with reductions that have been previously granted by the Town. This reduction is justified by the existence of public parking within the immediate area and by the design s accommodation & encouragement of the Town s goals of promoting pedestrian & alternate forms of transportation (pedestrian access and interconnection from both Duck Road and the Town Boardwalk, bicycle accommodation, kayak accommodation, & boat accommodation).

Stormwater Management Narrative Parker House Restaurant Conditional Use Permit Application Town of Duck November 6, 2018 General The Parker House Restaurant Project proposes the construction of a new restaurant with associated parking & utility infrastructure on the west side of Duck Road on the site currently occupied by the Brindley office building. All existing landward improvements will be removed to allow for the construction of the new business, resulting in a total reduction of impervious area within the site. Existing Conditions The existing site consists of 16,748 sf (0.385 acres) of land spanning from Duck Road (NC12) to the Currituck Sound. The site is fully developed as a Realty office building with extensive and varied pavements extending right up to the sound bulkhead. Existing impervious lot coverage is 10,011 sf (59.8% lot coverage). Impervious coverage within the CAMA AEC is 4,380 sf (57% - non-conforming, 30% allowed) and impervious coverage within the 30 CAMA buffer is 3,072 sf (84.3% - non-conforming, 0% allowed). Proposed Conditions All existing above-ground improvements are proposed to be removed with this application. All existing water-based improvements (bulkhead, pier, Town walkway, etc.) are proposed to remain. The proposed restaurant site will consist of a 2,364 sf restaurant, 11 parking spaces, a bike rack, a kayak parking deck, a pier with boat parking, and a ramp / deck system that connects Duck Road foot traffic to the restaurant and to the Town Boardwalk. An LID approach to stormwater is utilized. Impervious coverage is greatly reduced (from 10,011 sf to 6,950 sf or 59.8% to 41.5%). Runoff from new impervious surfaces is disconnected such that runoff flows to open landscaped areas for infiltration. The proposed stormwater management system complies with NCDEQ LID requirements for a high-density stormwater project as documented in the attached NC LID EZ Spreadsheet. Interstital storage within open space areas provides available stormwater retention volume equivalent to the total rainfall volume produced by a 4.2 inch rainfall across the site.

Parker House Restaurant Duck, NC DARE County Pasquotank River Basin RAINFALL & CALCULATION DATA Project County: Project City: Rainfall Source: DARE Duck Kill Devil Hills Loaded Rainfall: Design Storm: Calculation Method Kill Devil Hills P90 Discrete SCS Method, Pre - Post (Minimum Design Storm = P90 for non-sa, 1-yr, 24-hr for SA) NOTE: Please use the Storm-EZ calculation sheets to document the stormwater design and create the O&M Agreement. Depth Storm Event (inches) First Flush / WQV #N/A P90 1.48 P95 2.09 1-yr, 24-hr 3.31 2-yr, 24-hr 4.04 10-yr, 24-hr 6.21 25-yr, 24-hr 7.67 50-yr, 24-hr 8.93 100-yr, 24-hr 10.30 Highlighted Storm is Design Storm PROJECT INFORMATION Total Property Area Total Coastal Wetlands Area Total Surface Water Area Complete the breakdown of impervious area for the project 0.39 acres Total Impervious Area 0.16 acres 0.00 acres Project % impervious area 41% 0.00 acres ALL AREAS ARE IN SQUARE FEET Basin Information Receiving Stream name Stream Class Stream Index Number Total Drainage Area On-Site Drainage Area (sf) Offsite Drainage Area (sf) Proposed Impervious Area (sf) % Impervious Area (total) Entire Site Currituck Sound SC 16,746 16,746 0 6,932 41% Use Worksheet Data? No Impervious Surface Area On-Site Buildings/Lots (sf) On-Site Streets (sf) On-Site Parking (sf) On-Site Sidewalks (sf) Other On-Site (sf) Future (sf) Off-site (sf) Existing BUA (sf) Total Entire Site 2,546 3,529 857 6,932 STORM-EZ Version 1.4 Project Data 11/5/2018 Page 5 of 13

Parker House Restaurant Duck, NC DARE County Pasquotank River Basin Drainage Area # 1 of 1 PRE-DEVELOPMENT LAND USE CALCULATIONS Pre-Development Land Use: Note: Enter BUA Draining to Permeable Pavement Below HSG Land-use CN (sf) (acres) % A Impervious 98 10,011 0.23 70.14% A Pasture or Open Space 39 4,261 0.10 29.86% Subtotal: 14,272 0.33 Area User Defined Drainage Areas: HSG Description Comp. CN Subtotal: Area (sf.) 14,272 Area (ac.) % Imp 0.00 0.00% 0.33 70.14% Existing Permeable Pavement (Infiltration): HSG Pavement Area Additional BUA Soil Gravel Void Infiltratio Space n Rate SCM # Description (sf) (sf) (in/hr) (%) (in) (in) (in) 100 Turfstone A 2,476 0 20 40% 6 60% NO Total Gravel Depth Orifice Dia. Orifice Height BUA % Has Synthetic Liner? D.S. BMP Existing Green Roofs: DSD PAW D gr Area SCM # Description (in) (%) (in) (sf) (acres) 150 1.48 0.00 DS SCM # Notes Land Use Summary: Area (sf.) From Land Use Tables: 14,272 Permeable Pavement + Additional BUA: 2,476 Green Roofs : 0 Preserved Surface Waters & Non-Coastal Wetlands : Preserved Coastal Wetlands : Total Site Area: 16,748 0.33 acres 0.06 acres 0.00 acres 0.00 acres 0.00 acres 0.38 acres Pre-Development SCMs: SCM # 200 SCM Type Drainage Area WQ Volume Imp. Open Provided (sf) (sf) (cf) HSG 10011 6737 Downstream SCM Design Storm Runoff Fate Summary: Rainfall Volume = 0.57 acre-inches = 2,066 cf Runoff Reduction Components: Natural Infiltration & ET = -0.20 acre-inches = -727 cf Disconnected Impervious Surfaces = 0.00 acre-inches = 0 cf SCM Infiltration = 0.00 acre-inches = 0 cf Permeable Pavement Infiltration = -0.08 acre-inches = -287 cf Green Roof ET = 0.00 acre-inches = 0 cf Post Filtration Discharge = 0.00 acre-inches = 0 cf Total Runoff Reduction = -0.28 acre-inches = -1,014 cf SCM Treatment: Treated SCM Outflow = 0.00 acre-inches = 0 cf Untreated Surface Runoff = 0.29 acre-inches = 1,052 cf The Pre-Development project area contains 11497 sf of built upon area, resulting in an overall density of 68.64%. STORM-EZ Version 1.4 Pre-Development 11/5/2018 Page 6 of 13

Parker House Restaurant Duck, NC DARE County Pasquotank River Basin Drainage Area # 1 of 1 POST-DEVELOPMENT LAND USE CALCULATIONS Permeable Pavement: Total Infiltration Orifice Orifice Pavement Area Additional BUA Void Space Gravel Has HSG Pvmt Type Rate Synthetic Dia. Height Depth Liner? SCM # (sf) (acres) (sf) (acres) (in/hr) (%) (in) (in) (in) 500 0.00 0.00 No Downstream SCM Infiltration Check Detention Check Green Roofs: DSD PAW D gr Area Retrofit? SCM # (in) (%) (in) (sf) (acres) 600 1.48 0.00 No Downstream SCM # Comments Residential Lot CN Calculator (Excluding R/W and dedicated open spaces): Lot Area # of Lots Max Imp / Lot % Imp. Woods / Lot (sf.) (ac.) (sf) (sf) 0.00 Open Space / Lot (sf) Avg Lot Size Remaining Land Use: Area HSG Land-Use CN (sf) (acres) % A Open Space (Managed Open Space) 39.0 9,816 0.23 58.61% A Impervious 98.0 6,932 0.16 41.39% Permeable Pavement + BUA: N/A 0 0.00 0.00% Green Roofs : N/A 0 0.00 0.00% Sub-Total: 16,748 0.38 100.00% Land Excluded, or Partially Excluded, from Volume Calculations: (sf.) (ac.) Surface Waters & Non-Coastal Wetlands : Coastal Wetlands : Total Site Area: 0 0.00 0 0.00 16,748 0.38 Design Storm Runoff Fate Summary: Rainfall Volume = 0.57 acre-inches = 2,066 cf Runoff Reduction Components: Natural Infiltration & ET = -0.37 acre-inches = -1,337 cf Disconnected Impervious Surfaces = 0.00 acre-inches = 0 cf SCM Infiltration = 0.00 acre-inches = 0 cf Permeable Pavement Infiltration = 0.00 acre-inches = 0 cf Green Roof ET = 0.00 acre-inches = 0 cf Post Filtration Discharge = 0.00 acre-inches = 0 cf Total Runoff Reduction = -0.37 acre-inches = -1,337 cf STORM-EZ Version 1.4 Post Development 11/5/2018 Page 7 of 13

Parker House Restaurant Duck, NC DARE County Pasquotank River Basin Drainage Area # 1 of 1 PROPOSED SIPs & STRUCTURAL RUNOFF VOLUME CONTROLS Enter only runoff volume below that will be infiltrated or drawn down over 2 to 5 days. Additional volume provided in devices should not be entered in this worksheet. Drawdown time requirement applies to all storm events. Offsite Impervious Area Treated sf STORMWATER CONTROL MEASURES Contributing Area Drainage Total Post SCM # Name / Location Type of Device HSG Impervious (sf) 6,932 Pervious (sf) 9,816 % of Total Impervious Area % of Total Pervious Area Storage Volume (cf) Downstream SCM # Area Inflow Volume (cf) Inflow Volume (cf) Infiltration & ET (cf) Filtration Outflow (cf) Treated Outflow (cf) % of SCM Volume Utilized 700 0% 0% 0 0 0 0 0 Volume 0 sf impervious area entered compared to 6932 sf total impervious. 0 sf open space entered compared to 9816 sf total open space. 0% of total impervious area. 0% of total pervious area. Design Storm Runoff Fate Summary: Rainfall Volume = 0.57 acre-inches = 2,066 cf Runoff Reduction Components: Natural Infiltration & ET = -0.37 acre-inches = -1,337 cf Disconnected Impervious Area = 0.00 acre-inches = 0 cf SCM Infiltration = 0.00 acre-inches = 0 cf Permeable Pavement Infiltration = 0.00 acre-inches = 0 cf Green Roof ET = 0.00 acre-inches = 0 cf Post Filtration Discharge = 0.00 acre-inches = 0 cf Total Runoff Reduction = -0.37 acre-inches = -1,337 cf SCM Treatment: Treated SCM Outflow = 0.00 acre-inches = 0 cf Untreated Surface Runoff = 0.20 acre-inches = 729 cf Pre-Development Runoff = 0.29 acre-inches = 1,052 cf Difference = -0.09 acre-inches = -323 cf **VOLUME MATCHING ACHIEVED** The Post-Development project area contains 6932 sf of built upon area, resulting in an overall density of 41.39%. Warnings: STORM-EZ Version 1.4 Stormwater Controls 11/5/2018 Page 9 of 13

Parker House Restaurant Duck, NC DARE County Pasquotank River Basin Drainage Area # 1 of 1 FATE OF RAINFALL Select Storm: P90 BASIC TREATMENT SCALE Compliance Storm = P90 Storm - Rainfall Depth = 1.48 inches VOLUME MATCHING SCALE P90 Storm - Rainfall Depth = 1.48 inches Basic Treatment Threshold Volume Matching Threshold FATE OF RAINFALL GRAPHS 100% Pre Development Fates 100% Post Development Fates 90% 90% 80% 80% 70% 70% % of Total Rainfall Volume 60% 50% 40% % of Total Rainfall Volume 60% 50% 40% 30% 30% 20% 20% 10% 10% 0% Infiltration and ET - 1014 cf Treated Outflow from BMPs - 0 cf Untreated Surface Runoff - 1052 cf Post Filtration Outflow - 0 cf Other Infiltration by BMPs - 0 cf Permeable Pavement Infiltration - 287 cf Disconnected Impervious Infiltration - 0 cf Green Roof Evapotranspiration - 0 cf Infiltration and ET - 727 cf 0% Infiltration and ET - 1337 cf Treated Outflow from BMPs - 0 cf Untreated Surface Runoff - 728 cf Post Filtration Outflow - 0 cf Other Infiltration by BMPs - 0 cf Permeable Pavement Infiltration - 0 cf Disconnected Impervious Infiltration - 0 cf Green Roof Evapotranspiration - 0 cf The"Fate of Rainfall" charts display the hydrologic processes to which rainfall volumes are subjected based on the combinations of land use, soil type, and stormwater controls entered by the user. The charts are designed to display the stormwater plan in a form which illustrates changes to the hydrologic cycle which result from urbanization and various stormwater management strategies. STORM-EZ Version 1.4 Rainfall Fate Graph 11/5/2018 Page 10 of 13

Parker House Restaurant Stormwater Management Soil voids capacity calculations 11/5/2018 Stormwater storage is provided via an LID approach of preserving open space, removing exiting impervious areas, disconnecting impervious surfaces (discharging runoff from impervious surfaces into open space for infiltration, and storage / treatment within the instersitial void space within the existing Fripp sands. Soils Information: Soils Type: FrD - Fripp fine sand Depth to SHWT: 36" + (Per DCHD) Permeability: 6 in/hr - 20 in/hr Void Space: 20% Total Volume of 1.5" Rainfall across Site: Site Area: 16,748 sf Rain Depth: 1.5" Total Volume: 16,748 sf x 1.5" = 2,094 cf Total Interstitial Volume available in on-site open areas: Open Space: 9,816 sf Depth to SHWT: 36" Void Space: 20% Total Storage Volume Available: 9,816 sf x 36" x 0.2 = 5,890 cf

Attachment D COMMISSION NO. DESIGNED BY DRAWN BY CHECKED BY ISSUE DATE SHEET NO. P17011 DAD DAD DAD 10/18/2018 OF 5 SHEETS PARKER HOUSE RESTAURANT 1184 DUCK ROAD TOWN OF DUCK DARE NORTH CAROLINA CERTIFICATION NO. DATE REVISIONS CIVIL ENGINEERING SERVICES FIRM LICENSE P-1045

COMMISSION NO. DESIGNED BY DRAWN BY CHECKED BY ISSUE DATE SHEET NO. P17011 DAD DAD DAD 10/18/2018 OF 5 SHEETS PARKER HOUSE RESTAURANT 1184 DUCK ROAD TOWN OF DUCK DARE NORTH CAROLINA CERTIFICATION NO. DATE REVISIONS CIVIL ENGINEERING SERVICES FIRM LICENSE P-1045

COMMISSION NO. DESIGNED BY DRAWN BY CHECKED BY ISSUE DATE SHEET NO. P17011 DAD DAD DAD 10/18/2018 OF 5 SHEETS PARKER HOUSE RESTAURANT 1184 DUCK ROAD TOWN OF DUCK DARE NORTH CAROLINA CERTIFICATION NO. DATE REVISIONS CIVIL ENGINEERING SERVICES FIRM LICENSE P-1045

COMMISSION NO. DESIGNED BY DRAWN BY CHECKED BY ISSUE DATE SHEET NO. P17011 DAD DAD DAD 10/18/2018 OF 5 SHEETS PARKER HOUSE RESTAURANT 1184 DUCK ROAD TOWN OF DUCK DARE NORTH CAROLINA CERTIFICATION NO. DATE REVISIONS CIVIL ENGINEERING SERVICES FIRM LICENSE P-1045

COMMISSION NO. DESIGNED BY DRAWN BY CHECKED BY ISSUE DATE SHEET NO. P17011 DAD DAD DAD 10/18/2018 OF 5 SHEETS PARKER HOUSE RESTAURANT 1184 DUCK ROAD TOWN OF DUCK DARE NORTH CAROLINA CERTIFICATION NO. DATE REVISIONS CIVIL ENGINEERING SERVICES FIRM LICENSE P-1045

Attachment E

TOWN OF DUCK PLANNING BOARD REGULAR MEETING October 10, 2018 The Planning Board for the Town of Duck convened at the Paul F. Keller Meeting Hall on Wednesday, October 10, 2018. Present were: Chair Joe Blakaitis, Vice Chair Marc Murray, Tim McKeithan, James Cofield, and Sandy Whitman. Absent: None. Also present were: Director of Community Development Joe Heard and Council Liaison Jon Britt. Absent: Permit Coordinator Sandy Cross. Others Present: Victor White of Landmark Engineering. Chair Blakaitis called to order the Regular Meeting of the Planning Board for October 10, 2018 at 6:38 p.m. PUBLIC COMMENTS None. OLD BUSINESS Text Amendment Ordinance 18-06: Proposal to Amend Section 156.126 of the Zoning Ordinance by Establishing Standards for the Scale of Single-Family Residential Development Director Heard stated that the Board had a comprehensive discussion at their September 19, 2018 meeting regarding several key issues and developed some concepts that they asked to have incorporated into a draft ordinance for further or final consideration at this meeting. He stated that the draft includes the following: Continued use of a tiered system based on the size of lots. Limit the septic field capacity within each tier. Limit the maximum size of residences within each tier. Create an incentive-based allowance to construct large residences with a greater maximum size if certain development criteria are met. Add greater minimum setback requirements for large residences per the recommendation of Fire Chief Donna Black. - 1 -

Director Heard stated that he included a section in the staff report outlining Fire Chief Black s comments and recommendations. He noted that one of the ideas that came out of that conversation is to provide an option for an owner to install a residential sprinkler system throughout the house. This would provide flexibility for homeowners in cases where the setback constraints become difficult. With the point being to prevent buyers from spreading from one building to another, Fire Chief Black sees no need to require greater setbacks if a sprinkler system is installed. He stated that the sprinkler system alternative would be a greater cost during construction but gives the homeowner a choice they wouldn t have otherwise. Director Heard stated that in the draft ordinance, he addressed the five items requested by the Board. He stated that the changes made per the recommendations at the Board s last meeting are on the two different tables, one of which shows the maximum lot size. The other information in the draft ordinance has not changed. He explained that the maximum house size for large houses on the upper tier has been increased to allow a house of up to 8,500 square feet, whereas the earlier ordinance had the overall cap at 7,000 square feet. He added that more appropriate caps have been added to the two tiers below it. He reminded the Board that they are not proposing to allow larger houses on the non-conforming lots that are under 15,000 square feet, which would still be capped at the standard maximum size. He stated that the septic capacity gallons per day has been incorporated as a new column in the lot size table. Section D(2) shows the standards regarding the setback increases for large residences. He noted that over 90% of the existing houses in Town, will comply with the proposed maximum size standards. He stated that if a homeowner wants to build a large house, they will have to meet the larger building setbacks. Director Heard stated that the next tier of 20,000-24,999 square feet can have a house of up to 7,000 square feet. He noted that there is a small increase in the proposed front and rear yard setbacks and a larger side yard setback for large houses. He stated that lots of 25,000 square feet or greater will allow houses up to 8,500 square feet with front and rear yards five feet larger than the standard and a side yard of 20 feet, which is double the typical standard. He noted that Fire Chief Black was involved in developing the proposed figures in terms of thinking about houses of that size in close proximity to adjoining properties. He stated that the alternative for the residential sprinkler system is also offered to address fire safety concerns. Director Heard stated that those are the changes that the Board members asked to be incorporated into the draft ordinance. He understood that the Board wants to consider how the standards will work and hoped the Board members had a chance to do so. Member McKeithan asked for an example of the landscaping canopy coverage and how it differs for the large houses. He wasn t sure what it is increasing. Director Heard stated that on residential properties, there is a lot coverage canopy requirement of 15%. He stated that it is being bumped up to 20% and requires the homeowner to either keep a greater amount of existing vegetation or to install additional plantings. He noted that part of the thought behind this requirement is that a larger residence has a larger mass to it and landscaping is a way to help break up the appearance. He added that the Town is not requiring that it be near the house but no matter where it is, unless it is totally in the rear of the property, it will have a positive visual impact from the front of the property. He stated that, where applicable, a homeowner will have to maintain 10% of the existing natural vegetation. Member McKeithan asked what that requirement is currently on a regular sized lot. Director Heard stated that there isn t any - 2 -