AGENDA: June 4, 2014 Regular Meeting

ITEM #5B: Public Hearings

B. Public Hearing/Discussion/Consideration of CUP #14-002, a Conditional Use Permit Application by Craig Readman of Treehouse Coffee to convert Units 3 and 4, Building #3 at Scarborough Faire Shops from retail space to an eating establishment as defined in Town Code Section 156.002. The property is owned by Walter Story and is located at 1177 Duck Road. This application will be considered in accordance with Town Code Section 156.129, Eating Establishments.

RECOMMENDED ACTION:

Public Hearing/Consideration of CUP #14-002

SUMMARY OF INFORMATION: The applicant, Craig Readman of Treehouse Coffee, is requesting a conditional use permit, pursuant to Town Code Sections 156.129 and 156.145, to authorize an eating establishment in Units 3 and 4 of Building #3 in the Scarborough Faire Shopping Center (formerly The Culinary Duck). The business will be a counter service coffee shop and the applicant is currently not proposing any indoor seating. The Planning Board reviewed this application at its May 14, 2014 regular meeting and recommended to approve the request as submitted.

ATTACHMENTS:

Letter of Transmittal from the Planning Board Chair Staff Report w/ Attachments Draft Conditional Use Permit 14-002

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Town of Duck, North Carolina Department of Community Development

CUP 14-002 Tree House Coffee 1177 Duck Road (Scarborough Faire)

Agenda Item 5B

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To: Mayor Don Kingston and Members of the Town of Duck Town Council Christopher J. Layton, Town Manager

From: Andy Garman, Director of Community Development

Date: May 28, 2014

Re: Staff Report for CUP 14-002, 1177 Duck Road, Tree House Coffee Scope of Request Application: CUP 14-002 Project Location: 1177 Duck Road (Scarborough Faire) Existing Use(s): Mixed Use Group Development Proposed Use(s): Eating Establishment as Part of a Mixed Use Group

Development (Tree House Coffee) Property Owner: Walter Story Total Area of Property: 2.76 Acres Zoning: VC – Village Commercial Applicant/Contact: Craig Readman, Treehouse Coffee Meeting Date: June 4, 2014, 6:30 pm Summary of Proposal

The applicant, Craig Readman of Treehouse Coffee, is requesting a conditional use permit, pursuant to Town Code Section 156.145, to authorize an eating establishment in Units 3 and 4 of Building #3 in the Scarborough Faire Shopping Center (formerly The Culinary Duck). This project will be reviewed in accordance with the requirements of Town Code Section 156.129 Eating Establishments. The business will be a counter service coffee shop and the applicant is currently not proposing any indoor seating. The porch area directly adjacent to the unit is approximately 208 square feet. While an outdoor dining area is not being proposed, the Town would require parking for this area. The proposed floor plan for the eating establishment is included as Attachment E for the Town Council’s reference. The applicant has also provided a copy of his proposed menu for the eating establishment.

Town of Duck, North Carolina Department of Community Development

CUP 14-002 Tree House Coffee 1177 Duck Road (Scarborough Faire)

Agenda Item 5B

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Discussion

Eating Establishment Use The eating establishment use is subject to the requirements of Town Code Section 156.129 as well as the parking requirements outlined in Town Code Section 156.094. The applicant has provided an interior floor plan depicting the layout of the customer service areas, retail space, utility areas, restrooms, and the kitchen area. The Town’s Building Inspector and Fire Marshall has reviewed the layout for these areas and has indicated that the building code requirement for egress has been met. Staff has reviewed the application for consistency with the following standards pertaining to outdoor dining areas:

(C) Outdoor dining areas. Eating establishments may contain outdoor dining or seating areas, provided they meet the standards in this section.

(1) Covered outdoor dining areas shall not be enclosed with permanent sidewalls and shall not be air conditioned. Any permanently enclosed space shall be considered part of the interior portion of the eating establishment.

(2) Parking shall be provided for outdoor dining areas in accordance with the standards in § 156.094. The applicant shall delineate the outdoor dining area on a floor plan, drawn to scale, and shall provide a calculation of the square footage of this area.

(3) Outdoor dining areas located in the common space of group developments shall be directly contiguous to the frontage of the unit containing the eating establishment.

(4) The location and use of the outdoor dining area shall not obstruct the movement of pedestrians, goods or vehicles, and shall not be located in driveways or parking areas.

(5) Outdoor dining areas shall not be located in required front yards, landscape or buffer areas, and septic areas.

(6) Adequate solid waste and recycling containers shall be provided and shall be serviced and maintained in a neat and clean manner. Outdoor dining areas shall be kept free of litter, debris and food refuse at all times.

Town of Duck, North Carolina Department of Community Development

CUP 14-002 Tree House Coffee 1177 Duck Road (Scarborough Faire)

Agenda Item 5B

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(7) Live music and other forms of entertainment conducted in outdoor dining areas shall not occur after 10:00 p.m.

Staff finds that generally the requirements listed in this section have been complied with. As noted on the site plan drawing, the former retail space required six parking spaces. The minimum parking requirement for eating establishments is five parking spaces. The applicant would be required to provide one parking space for the outdoor dining area (the outdoor area is 208 square feet, the first 150 square feet does not count toward the parking requirement, the remaining area would need one space). Since no interior seats are proposed, no parking for indoor seating would be specified. The applicant is proposing no more than three employees. Therefore, there would be one parking space required for employees. Since the applicant has six spaces available based on what was formerly required for the two retail units, the applicant could add up to 12 indoor seats without additional parking (1 parking space for every three indoor seats is required). Based on the parking analysis provided above, it appears that the applicant has met the parking requirements of the Town Code. Staff and Planning Board Recommendation

Staff believes that the proposed request is consistent with the town’s zoning ordinance requirements as well as the town’s CAMA Land Use Plan. Staff would recommend approval of CUP 14-002 related to the eating establishment use. The Planning Board reviewed this item at its May 14, 2014 regular meeting and recommended approval of CUP 14-002 as presented. A draft Conditional Use Permit document for CUP 14-002 is included as Attachment F for the Town Council’s reference. ATTACHMENTS A. CUP Application B. Property Location Map C. Tax Parcel Information D. Proposed Site Plan E. Interior Floor Plan – Eating Establishment F. Draft Conditional Use Permit Document

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Town of Duck,North Carolina

Property Location1177 Duck Road

Prepared by the Town of DuckLast Updated May 7, 2014

Parcel Card

http://www.darenc.com/public/parcelcard.asp?Parcel=026906000[4/15/2014 3:52:01 PM]

Parcel Number: Print Date: 4/15/2014

County of Dare, North Carolina*Owner and Parcel information is based on current data on file and was last updated on 4/11/2014Owner Information:STORY, WALTER E140 CULPEPER ST WARRENTON VA 20186

Parcel Information:Parcel: 026906000 PIN: 985916838822District: 21 - DUCKSubdivision: OCEAN DUNES SEC 1LotBlkSect: LOT: LOT C & BACK PARCEL BLK: SEC:Multiple Lots: BLDG 3PlatCabSlide: PL: A SL: 65 Units: 3Deed Date: 06/29/1981 BkPg: 0313/0466

Property Use: MULTI-USE 1177 DUCK RD

BUILDING USE and FEATURES Current Building Value: $1,822,900

Building Use: RETAIL MULTI OCCUP Exterior Walls: Actual Year Built: 1983Full Baths: Half Baths: Bedrooms: Heat-Fuel: Heat-Type: Finished sqft for building 1: 3857Air Conditioning: Total Finished SqFt for all bldgs: 25514

MISCELLANEOUS USE Current Misc Value: $0

LAND USE Current Land Value: $1,358,300

Land Description : 21-Commercial Highway Primary

TOTAL LAND AREA: 2.763 acres

Current Total Value: $3,181,200

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Return to: Town of Duck Document Prepared by: Town of Duck P.O. Box 8369 P.O. Box 8369 Duck, NC 27949 Duck, NC 27949

NORTH CAROLINA TOWN OF DUCK RE: Application of Craig Readman on behalf of Walter Story, property owner of 1177 Duck Road, to approve a 1,200 square foot eating establishment in Units 3 and 4 of Building #3 of the Scarborough Faire Shops.

Conditional Use Permit 14-002 CUP 14-002 subject to Town Code Sections 156.129 (Eating Establishments), 156.034 (V-C Village Commercial District) and 156.145 (Conditional Use Permits).

On June 4, 2014, the TOWN COUNCIL OF DUCK, NORTH CAROLINA conducted a public hearing and considered an application for a Conditional Use Permit for a 1,200 square foot eating establishment in Units 3 and 4 of Building #3 at 1177 Duck Road (Scarborough Faire Shops), subject to a conceptual site plan and floor plan as submitted, and FINDS AS FOLLOWS: 1. That the written application of Petitioners with attachments as submitted April 14, 2014 and HAS been duly submitted to the Town of Duck Planning Board and Town Council as required by Town Code Sections 156.034, 156.129 and 156.145 (hereinafter referred to as “Code”) and that advertising and notification have been accomplished consistent with zoning ordinance section 156.145; 2. That the application COMPLIES with the use requirements of the Code in that it requests uses permitted by Conditional Use Permit in the V-C Village Commercial zoning district; 3. That the Petitioner owns the property at 1177 Duck Road [PIN 985916838822], located in the Village Commercial zoning district of Duck;

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4. That the application as submitted may be approved by conditional use permit pursuant to Town Code Section 156.034 (C)(4); 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 May 14, 2014 and as described in a transmittal letter to the Town Council dated May 28, 2014. 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 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 and intent of the Town of Code of Ordinances; 8. That the application IS consistent with the Town’s adopted CAMA Core Land Use Plan in that it proposes uses consistent with the Town’s goals and objectives for quality commercial development in the Town of Duck.

NOW, THEREFORE, under the provisions of the Code, the requested conditional use permit, 14-002, is APPROVED WITH CONDITIONS to Walter Story, property owner, subject to such conditions as are hereinafter set out: CONDITIONS:

1. That the applicant develop the property in substantial conformance with the submitted conceptual site plan and floor plans submitted on April 14, 2014.

2. Any live music or other forms of entertainment conducted at the outdoor dining area shall cease by

10 pm.

3. That trash receptacles shall be appropriately placed in the outdoor dining area and serviced and maintained in a neat and clean manner.

4. Any change to the layout of the seating area of the eating establishment shall be approved by the Town of Duck Building Inspector and Fire Marshal and any increase in the number of customer seats or the total floor area of the outdoor dining area shall require approval by the Town.

5. That the egress areas shall remain open and unobstructed at all times.

6. That no service to patrons shall occur outside of the outdoor dining area.

7. That the proposed men’s and women’s restroom shall be remain open for use by the general public.

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8. All other terms and provisions of the Code of the Town of Duck and of the CUP herein amended shall remain in full force and effect except as herein lawfully permitted otherwise.

9. A violation of this Permit will be a violation of the Code and punishable as therein provided.

10. That the Petitioners shall accept these terms as indicated by appropriate signatures appearing on page 3.

11. This document shall be recorded with the Dare County Register of Deeds office and returned to the Town within 60 days of the approval date of this application by the Town Council.

THIS _______ date of _____________, 2014 SEAL: ATTEST: TOWN OF DUCK By: ___________________________ By: ___________________________ Lori A. Kopec Don Kingston Town Clerk Mayor 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__. My Commission Expires: __________ ______________________________Notary Public STATE OF __________________

COUNTY OF ________________

THIS PERMIT AND THE CONDITIONS ARE ACCEPTED: BY: ___________________________