APPROVED PLANNING BOARD REGULAR MEETING November 13, 2024 The Planning Board for the Town of Duck convened at the Paul F. Keller Meeting Hall on Present: Chair Marc Murray, Vice Chair Bob Wetzel, Joe Blakaitis, James Cofield, Bob Webb, Wednesday, November 13, 2024. and Council Liaison Sandy Whitman. Absent: None Also present: Director of Community Development Joe Heard, Planner Jim Gould and Deputy Town Clerk Christy Hanks. CALLTO ORDER at 4:02 p.m. PUBLICCOMMENTS Chair Murray called to order the Regular Meeting of the Planning Board for November 13, 2024 Micheal Rollin from 149 Plover Drive, a permanent resident ofl Duck with his wife, would like to encourage the panel to oppose the text amendment to allow amusement arcades in the Town. He believes the Town of] Duck has a unique feel compared to the other towns of the Outer Banks and that if we try to change the character of the Town by allowing amusements it will change Duck's unique character. He urged the board to oppose the text amendment to allow Duck to keep its Joe Heard reminded Chairmen Marc Murry to let the public know that they should wait for their comment once the Amendment is being addressed. Murray let the room know that the comment section is for general public comments. Any comments on the amendments that public are being proposed need to be addressed during the discussion of those items. special qualities. TEXT AMENDMENT A. TextAmendment: Keith Bliss (OwnerafDuck Commons Shopping Center) has Submitted: la: Text Amendment Application to Sections 156.002, 156.036, 156.040 & 156.094 to Allow Amusement Director of Community Development Joe Heard presented the Board with the staff's findings on the proposed wording of the text amendment that would require changes to 4 different sections. Section 156.002 would add a definition for "Amusement Arcade". Section 156.036 would require the addition of Amusement Arcade to be allowed in the Village Commercial District. Section 156.040 would allow Amusement Arcades as a permitted use "P" table. Section 156.094 would Arcades in the Village Commercial District, Subject to Certain Conditions 1 require the addition of "No Additional Parking Required if Amusement Arcade Heard continued that previously there was a similar request for indoor entertainment broader category of uses, in 2021. The Board recommended approval oft this proposal by facilities, 3-2 vote. a However, the applicant withdrew prior to the Council public hearing. Heard also gave the Board packets with other Towns similar proposed amendments. Staff feels that the applicant's isconsistent with permitted uses in the majority of other communities of the Outer Banks. proposal noted that staff is concerned with the parking proposal and asked that the Board consideration to that portion of the amendment proposal. In the description oft the similar give some two years ago, the parking requirement the Board and applicant compromised upon was one proposal for every 200 square feet, in line with retail use. If an appropriate compromise can be found space regarding the parking issues, the staff has found that the proposal is otherwise consistent with the Town's uses that are allowed presently in Village Commercial. But as proposed with the Murray asked the Board for questions and comments after Heard's presentation. Bob verified that there are currently no arcade games allowedi in the Village Commercial district. Wetzel Heard clarified that no place is classified as an arcade. However, if a business had a few machines entertainment and not as primary use, it is allowed. Wetzel also asked for clarification on being for a P(permitted use) or an S (special permit use) and what is the criteria to be placed in one or another. Heard informed him that it is not a decision made by staff, but by the category Board recommending it to the Town Council who adopt the standards. Generally, uses that SUP are uses that could have the potential to be allowed in certain circumstances but not require an in others. The Council looks at SUPS on an individual basis and requires a public allowed permitted use can be approved by the Community Development staff. Wetzel hearing. A definition oft the amusement arcade. in the V-C district that would allow establishment questioned the five or more arcade games in their business regardless of the establishment any at because iti is aj permitted use with no change toj parking. Heard confirmed that their discretion wanted to clarify that the staff's reason for recommending denial is the text amendment. Heard confirmed this and said that considering what uses are already allowed in the V-C district. he didn'tfind any difference in the use Keith Bliss, property owner of a residence at 140 Schooner Ridge Drive and owner Within Existing Facilities". Space is Placed Heard requirements the staff is recommending denial of the changes. parking toj place iti is correct. Murray solely in the parking clause in Commons shopping center at 1211 Duck Road, of the Duck he space in allow the presented a zoning text amendment that would opportunity to benefit multiple business in the V-C district. He noted that when originally bought the building two years ago, discussions had already the building. He would like the option to have the opportunity tol begun arcade into the location. Bliss asked Heard if he was currently allowed bring about arcade games in the future have video games in the current building. Heard to use up to 400 square feet to informed him that no only allowance is permitted except a few machines as a secondary use, not as the main entertainment. presently Bliss explained that he understands he could have gone the route of attempting to a SUP individual property. However, he would like to see this be an option for other get businesses in the area. Bliss ended his presentation by stating that this proposal properties would benefit future or for his the attraction of entertainment for Duck Village. 2 Bob Webb asked if] Bliss would have staff during operational hours. Bliss explained that ift is permitted, he would come back with a business plan. However, his initial arcade to be unstaffed but open to the public or for functions for visitors and thought was for the Cofield asked Heard about a discussion or survey that was conducted several residents. James indoor entertainment that the staff conducted for the Town. Heard did not recall years this ago concerning stated that the previous proposal in which the survey was conducted was based survey. Bliss business plan before the applicant withdrew. The wording oft the new amendment on a larger scale prevent large-scale entertainment areas and multiple businesses in the same area proposal would Cofield mentioned that the community survey strongly opposed the businesses. Cofield read a description from the Comprehensive & CAMA proposal Land of Use arcade-like Plan stated his opinion that the proposal is inconsistent with the plan. Bliss pointed out that as aj and many kids don't want to come into the Town in the evening as the recreation offered for kids. The proposal would offer an evening activity for kids and more activities are not tourism instead of visitors leaving Duck to go to other towns for the entertainment that options for Murray reminded the Board and those in the public that this conversation is for the text amendment they offer. being proposed in the V-C district, not possibilities and "what if" situations. out that there are not any square footage requirements or restrictions in the definition Murray of amusement pointed arcade. He is not opposed to the proposal and is unsure how well reflected the was of the broader community. Murray's concern is the parking requirements that previous the staff survey has Bliss pointed out that his narrative did place a square foot limit. However, that limitation was. in the proposed text amendment. He added that if approved, a limit on the amount of amusement arcade could be added. Bob Wetzel asked about the limit of 14 as ift that is the idea of the entertainment provided. Bliss stated that age the mentioned years and up on game suppliers of what demographic and what games pertain to that range. age Wetzel commented was based on the parking amendment and how hosting events would possibly bring in a cars. Depending on timing, there is not a surplus amount of parking currently large there. quantity of commented that he feels he can work on the parking situation to accommodate more vehicles. Bliss Bliss stated that he believes the events would be mostly in the off season and the off season wouldn't be an issue. Murray asked ifl Bliss would consider parking the text in the staff report increasing the proposed minimum square feet gross floor area for entertainment uses. The Board parking closed the use of property. parent, also pointed out to be an issue. not space old of an standards standards adding adding the to one space per 200 questions to the applicant. in Wetzel stated that it seems that staff is saying that arcades should be permitted use district and would like the Board to discuss their it in the V-C Board of the perspectives on as well. Heard reminded the public comment earlier and that additional public comments could be the Board to take into consideration. Micheal Rollin stood up to speak and remind the provided Board for add: in his previous comments before and believes that at a minimum, the proposed use should to an SUP. He worries that other businesses may take the change away from what the idea should be be, and it would change the character of the Town. After listening to Bliss's proposal, Rollin commented that it seems the arcade may be largely unsupervised and could be a public nuisance as well. Heard also stated that it would require a text amendment to allow a special use permit as well. Rob Mooney, resident at 102 Pelican Way, wanted to echo what Rollin said in opposition to this amendment. Mooney believes that the proposal opens the door to many issues, and being unsupervised could present many nuisances. 3 Murray asked the Board to deliberate on the proposed amendments. Wetzel stated opposed to arcades in the V-C district, arcades aren't what evening activities for young children. Wetzel isi in quality ofe enjoyment for children. Joe Blakaitis is dead set once it starts it won't stop and will not be good. comments to heart. Murray believed that is not a procedure for consideration of a text amendment. Cofield from the Comprehensive & CAMA Land Use Plan used they that he is not short of to be, and the Town lacks support oft this idea, as the Town is not many options to improve the against this proposal as hel believes that Murray agreed with Wetzel and takes the public a SUP may be the better way to go about it as to locations of outdoor venues for adults to enjoy but doesn't have better control. Murray also points out that while the Council conducted a keep survey in the past, that read the subject of recreation something like this included to again and nowhere was there a suggestion for improve Duck. Cofield believes that there about Duck and that we should not tamper with that. If people want other is something special they can travel to those. locations and leave the character of] Duck alone. Cofield recreational activities, there should be more public input on this idea due to previous need in the' Town ofI Duck. Webb agreed with the and he is opposed to the change. also believed that entertainment ideas thoughts on the as submitted by the approving the motion and strong opposition that this is not a felt that his public comments and what Cofield stated. Webb family came to Duck fori its uniqueness of not offering these extra Marc Murray asked the Board if there was a motion after hearing all the Boards proposal. Cofield motioned to recommend denial of the text amendment applicant. Blakitis seconded the motion ofc denial. The motion of the application by a 3-2 vote, with Webb/CofeldBlakaitis was approved to recommend denial Murray/Wetzel denying. B. Text Amendment: Correct References in 156.116 Design Standards for Heard updated the Board members that the Council had authorized all their text m4l56/55B/Special Use Permits Lighting amendment proposals. He presented that the first oft these are text amendment ordinance as it relates to lighting and review of ofl lighting ordinance amendment isj lighting standards would be upcoming. changes for the wording in the special use permits. Murray asked if the change itisj just the wording and not the list ofl lights yet. Heard confirmed just changing an ordinance reference for now, but ai more comprehensive, review of the outdoor Wetzel motioned to recommend approval of the changes presented staff to Sections 156.116 and 156.155. Cofield seconded the by for text amendments approval 5-0. motion, and the motion was passed with APPROVAL OF MINUTES Minutes from the October 9, 2024, Meeting 4 Cofield motioned to approve the minutes from the October9, 2024 as seconded. Motion carried 5-0. STAFF COMMENTS b. Project Updates meeting presented. Wetzel a. Summary ofNovember 6, 2024 Town Council Meeting Heard informed the Board that the Town Council held an SUP public hearing and proposal to expand the restaurant seating for NC Coast restaurant, with the extra approved the at Twiddy Realty. Murray asked if there are any other shared informed him that there is an existing parking Commons. He noted that Red arrangement with different hours of operation on the same property. parking located parking areas in Duck. Heard and Sky arrangement between Duck Church and Duck Carolina Designs have an approved shared parking Heard also let the Board know that an SUP for a retaining wall at 146 Cook Drive was also approved. They were only requesting to use a1 retaining wall to maintain the allowed 2.8 feet. He added that the applicant agreed to reduce the length of the retaining wall. fill depth of Heard stated that Town Council did not approve the proposal for the Planning Board coverage. The Council would like more details on how the Town plans toi ofr maintenance for the lot coverage proposal. These details will be for lot implement back the standards to the Board at its next meeting in December. brought As previously noted in the meeting, Heard said that Town Council authorized the Board to look into the proposed text amendments that will be brought to the Board Heard updated the Board that they will start tos see some activity on Teresa Court with year. Work will also begin this week on replacing the management project tol begin until next and staff over the next few months. they don'tanticipate construction work on this stormwater neighborhood and should be completed within the surveys and retaining wall north of the Tuckahoe month. ADJOURNMENT Blakaitis moved to adjourn the meeting. Murray second the motion. The meeting was adjourned by consensus offive Board members at: 5:08 p.m. Approved: Marc Chairman 5