APPROVED  TOWN OF DUCK PLANNING BOARD REGULAR: MEETING March 8, 2023  The Planning Board for the Town of Duck convened at the Paul F. Keller Meeting Hall on Present: Chair James Cofield, Vice-Chair Joe Blakaitis, Tim McKeithan and Marc Murray.  Wednesday, March 8, 2023.  Absent: Randy Morton.  Also present: Council Liaison Sandy Whitman, Senior Planner Sandy Cross, Director of Community Development Joe Heard, Community Planner Jim Gould and Deputy Town Clerk Others Present: Matt Price and Jim Braithwaite, of Allis Holdings, LLC and Savage Lane, LLC, Chair Cofield called to order thel Regular Meeting oft the Planning Board for March 8, 2023 at 6:30  Melissa Felthousen.  Dave Klebitz of Bissell Professional Group.  p.m.  PUBLIC COMMENTS Noj public comments. AWARD Planning Board. ANNOUNCEMENT  Member Tim McKeithan was recognized by the board for 10 years of outstanding service on the  Chair Cofield announced that Randy Morton has resigned from the Planning Board.  NEW BUSINESS  SUP23-003: Application by Savage. Land, LLCforaspecial use permit to expand the Scarborough Lane Shoppes at 1171 Duck Road by establishing an outdoor diming/entertaimment area in the  Village Commercial (V-C) district.  Director of Community Development Joel Heard stated there are two permits being sought:  1    (1) Amendment to the previously approved conditional use permits for the Scarborough Lane Shoppes group development by expanding the existing shopping center with an outdoor (2) Addition of an eating establishment including an outdoor ining/entertainment area. Heard explained the role of the Planning Board as a technical review to determine if the SUP complies with the standards oft the town's ordinance and based on that review, they would make a recommendation. He noted the final, official decision is made by the Town Council. Heard stated public notice was sent out to adjoining property owners and the meeting was) properly Heard described the property at 1171 Duck Road as presently zoned Village Commercial (V-C) and containing the ScarboroughLane Shoppes shopping center, technically two properties. totaling just over (4) acres, functioning together as a single group development containing over 30,000 square feet of space, including 34 commercial units in four retail buildings connected by elevated, covered walkways. He explained the areas nearby as a residence, a mixed-use building with studio/showroom, office, and two-bedroom apartment at 102 Scarborough Lane and an abutting property to the east as two properties located int the Town's Special (S-1)zoning district. Heard pointed out that further south across Scarborough Lane are several properties containing a mixture of commercial and residential uses in the V-C district, one of these properties containing as single-family residence, while the other containing common amenities (swimming pool/tennis court) for the Seapines neighborhood. Heard clarified much of the adjoining property to the north contains Scarborough Faire, another large multi-building, multi-tenant shopping center zoned V- C. He also noted the adjoining properties on the northern edge of the project area are (2) parcels with: frontage on Pamela Court ini the Ocean Dunes neighborhood that each containa as single-family residence and are zoned Single-Family Residential (RS-1). Heard added the proposed site improvements are at the rear oft the property and are not visible from Duck Road. Heard stated the proposed expansion includes 385 square feet of covered space (253 s.f. enclosed food preparation area, 132 s.f. customer: service porch), 385: square feet ofopeni rooftop deck dining area, a 225 square foot (15', X 15') wooden stage and additional outdoor ining/entertainment area totaling 1,800 square feet and these proposed improvements comply with the building size Heard outlined the specifics as to howt the proposed bar/restaurant building and entertainment stage Heard noted the development is not losing parking. They are only shifting spaces around and reducing the size of existing spaces that are oversized. He stated the shopping center presently contains 176. The site requires parking spaces, SO the amount of parking on site exceeds the minimum parking requirement and is sufficient to meet the needs ofthe existing and proposed uses in the shopping center. Heard commented the applicant complies with ADA requirements and is proposing to provide an additional (8th). ADA parking space adjoining the ADA accessible pathway  dining/entertaimment area.  advertised and posted with signs int the appropriate time frame.  parameters of the Zoning Ordinance.  also comply with minimum Town setback standards.  into the outdoor dining/entertainment area.  2    Heard stated the project complies with and meets requirements specified in the Town ordinance, does not endanger public health or safety, does not change traffic flow and food service will Heard explained the change of use would not injure the value of adjoining properties. He noted there are limited impacts on adjoining property and the use is in harmony with the area and Heard stated that staffi is recommending approval of the special use permit with 10 conditions for 1. The Building Inspector and Fire Department must review and approve the proposed 2. The applicant is required to obtain approval from the Dare County Environmental Health 3. The applicant is required to obtain as septic permit for a change oft use and the proposed grinder 4. The applicant myst obtain a stormwater management permit from the N.C. Department of Environmental Quality and provide confirmation to the Town that their stormwater 5. The building must be constructed in substantial conformance with the elevation drawings and floor plans submitted with the SUP application, as prepared by Coastal Cottages dated 6. The applicant must 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 special use process, with all required information referenced in the SUP conditions, priort toi issuance ofal building permit fort the project. 7. Operation of the outdoor entertainment area must comply with all standards of the Town's noise ordinance including limitations on the volume ofs sound. Music and other performances 8. The applicant must submit and obtain approval of a lighting plan prior to the installation of any lighting. Light fixtures must be recessed or fully shielded and directed download to avoid any light spillover onto adjoining properties. Lighting intensity is limited to a maximum of 9. Any new signage must be reviewed and approved under a separate permit by the Community 10. This special use permit will expire in 12 months from the date of approval if the approved  comply with and follow all town standards and the septic is sufficient.  conforms with Town's CAMA and Comprehensive Land Uuse Plan.  the board's consideration.  improvements for compliance with applicable codes.  Department and a State food service permit for the food stand. station from the Dare County Environmental Health Department.  management plan for the site has been updated and approved.  February 3, 2023.  must cease by 10:00 p.m.  five foot-candles.  Development Department.  change of use has not been initiated.  3    Heard stated that this concluded the staff report.  Member Murray questioned ift the applicant was applying for any exceptions.  Heard indicated the applicant was not applying for any exceptions and complies with all Town Chair Cofield inquired ifit was the: staff's position that the application follows the town ordinances  standards without special waivers.  specifically with respect to group development.  Heard stated yes.  Chair Cofield questioned ift the SUP was compliant with egress and traffic flow requirements.  Heard indicated there were no issues and it complies with those standards.  McKeithan questioned if staff received any responses from the 20 notifications sent to adjoining Senior Planner Sandy Cross indicated that two property owners responded; Clark Twiddy responded favorably and Cindy Brightbill, only inquired as to the context oft the application. Heard noted that the location of the proposed SUP is not visible from Ms. Brightbill's business Chair Cofield questioned if the applicant has taken steps to deal with noise associated with outdoor  property owners.  location in the Soundside Shoppes across Duck Road.  entertainment.  Heard commented he would defer to the applicant to discuss outdoornoise.  McKeithan questioned the lot coverage requirements.  Heard stated the development as a whole is well under the maximum lot coverage requirement.  McKeithan asked if the stage should be calculated as lot coverage.  Heard deferred to David Klebitz to answer. Chair Cofield recognized the applicant to speak.  David Klebitz, engineer with Bissell Professional Group, 3512 North Croatan Highway Hawk, explained he was present with the applicant, Jim Braithwaite and Matt Price with Kitty Land Company, their legal counsel, Jim Gilreath, tenant Sam Harris and Brad Fitzgerald Savage Swellsa Brewing in Kill Devil Hills. Klebitz stated the applicant is requesting to add an eating with establishment, which would add 385 square feet free standing food and beverage stand to  4    Scarborough Lane. He stated the site would include a roof top deck; 1800 square feet of outdoor dining consisting mostly of grass, a stage and minor changes to parking for ADA accessibility and compliance. Klebitzi indicated the application complies with town ordinance and is not asking for any exceptions. He mentioned the existing trees and shrubs, including live oaks, will be maintained to help buffer and add ambiance to the facility. Klebitz assured the board that the application is consistent with CAMA and land use 2027 plan. He agreed the applicant would adhere to all conditions set forth by the town. He explained the setbacks are appropriate and help provide separation for noise issues as the stage faces away from the residences projecting sound away and the nearby properties are elevated higher than the proposed project creating a buffer for sound. Klebitz noted the facility has a stormwater permit with the State ofNorth Carolina and the State has its own coverage allowance. He stated the project would take the coverage86 square feet over the State permit allowance and the stage is not counted in that total. He indicated the stormwater permit with the state would be amended should the SUP get approved. Chair Cofield questioned ift there should be a concern with the State regarding lot coverage.  Heard stated the Board can recommend it be a condition of approval.  Chair Cofield recommended that State stormwater permit approval be one oft the conditions.  Heard and Kelbitz stated they would support that approach.  Cross noted there would be an additional condition to approve the SUP that would be contingent  upon state permit approval.  Braithwaite and Gilreath had no comment.  Noj public comments.  Member Murray recommended motion for approval ofSUP 23-003 adding the condition that state  stormwater permit approval be required. McKeithan seconded the motion. Motion carried 4-0. OLD BUSINESS  a. ORD. 23-01: Text amendment to the definition ofLot Coverage found in Section 156.002 ofthe Zoning Ordinance toj permit alternative ground cover materials. such as pervious pavers and artificial turf subject to certification by an engineer or  documentation dnampawes-peafoutiot  Chair Cofield questioned if both ORD 23-01 and 23-02 should be discussed together.  5    Heard stated they could be discussed together but separate motions must be made for each Cofield stated the Town Council sent ORD 23-01 back to the Planning Board for discussion of  ordinance.  proposed amendment.  Heard stated the Town Council's intention for sending ORD 23-01 back to the Planning Board was to be sure the entire Board supported an amendment proposed by the Chairman  recommending that section 6) ofthe ordinance, which would: read as follows:  6) Alternative ground cover materials that are entirely permeable, including pervious pavers, artificial turf, and other surfaces, shall not be included in the calculation of LOT COVERAGE. However, such materials must either be certified to be 100% permeable by an N.C. licensed engineer or installed according to the manufacturer's specifications for the base and surface. It is the responsibility of the property owner to provide sufficient documentation of installation consistent with manufacturer's: standards and to maintain the surface according to the manufacturer'ss specitications to ensure maximum permeability.  Some discussion followed regarding property ownership changing hands, the certification form from property owners, and whether the certification needed to be recorded or whether we will  proceed loosely unless problems develop down the road. Murray motioned to approve ORD 23-01 as presented.  Vice-Chair Blakaitas seconded. Motion carried 4-0.  ORD 23-02: Text amendment to Subsections 156.030(D)(6), 156.031(D)(6), and 156.032(D)(6) of the Zoning Ordinance to specify that engineers can use the storage capacity of swimming pools as part of stormwater management calculations and require property owner certification, for the installation and maintenance ofpermeable  ground cover materials  Heard outlined the specifics ofthe additional wording for section d and k of ORD 23-02.  (d) The surface area of swimming pools can be excluded if a state licensed professional engineer certifies that in a 1.5" rainfall event, the pool would not overflow.  (k)If100% permeable surfaces, such as pervious pavement or artificial turf, are used as part of the lot coverage calculation, then the property owner must provide written certification that the surface material was installed and will be maintained according to the  manufacturer's: specifications."  6    Murray motioned to approve ORD 23-02 as amended per Board discussion to strike Part 1/Letter d from the ordinance and to include letter ki under the same section but strike 100% permeable sO  the ordinance reads "permeable surfaces".  McKeithan seconded. Motion carried 4-0. APPROVALOFI MINUTES  Minutes from the February 8, 2023 Meeting Blakaitas moved to approve the minutes as presented.  Member McKeithan seconded. Motion carried 4-0. STAFF COMMENTS  Heard recognized Melissa Felthousen and explained that she is fulfilling an important hybrid position for the Town as the Deputy Town Clerk and Permit Technician and she is responsible for Heard noted the two SUP for the gazebo and Sea Bags were unanimously approved by the Town Heard stated the RCCP Grant related to neighborhood stormwater management has an open Cross noted the Town website has a popup box to prompt individuals to complete the RCCP survey. She stated the goal is to gather information to determine solutions. She stated there will be an open house with a short presentation on March 30. There will be open discussion following the presentation. Following this meeting the draft report related to RCCP Phase III will be  Planning Board minutes. Council at its March meeting.  comment period until March 13,2023.  presented to the Town Council members at their May meeting. Cross stated another SUP permit would be presented next month. neighborhood from H&H Development and work has started.  Cross stated the Council approved the bid for Duck Trail improvements adjoining the Sanderling Cross updated the Board regarding beach nourishment noting the an anticipated start date of April  1,2023.  BOARD COMMENTS  Chair Cofield thanked Felthousen for her work. Cofield once again thanked McKeithan for his  dedication and preparedness over the years.  7    ADJOURNMENT  McKeithan motioned to adjourn. Blakaitas seconded the motion to adjourn.  Chair Cofield adjourned the meeting. The time was 7:51 p.m. Approved:  Chaiyman  bsêkk  8