TOWN OF DUCK TOWN COUNCIL REGULAR MEETING January 8, 2025 The Town Council for the Town of Duck convened at the Paul F. Keller Meeting Hall at COUNCIL MEMBERS PRESENT: Mayor Don Kingston; Mayor Pro Tempore Monica 1:00 p.m. on Wednesday, January 8, 2025. Thibodeau; Councilor Brenda Chasen; and Councilor Kevin Lingard. COUNCIL MEMBERS ABSENT: Councilor Sandy Whitman. OTHERS PRESENT: Town Manager Drew Havens; Director of Community Development Joseph Heard; Police Chief Jeffrey Ackerman; Deputy Police Chief Melissa Clark; Deputy Fire Chief Matthew Dudek; Town Attorney Robert Hobbs; Public Information and Events Director Kristiana Nickens; Senior Planner Sandy Cross; Finance Administrator Lauren Creech; and' Town Clerk Lori Ackerman. OTHERS ABSENT: Deputy Town Clerk Christy Hanks. Mayor Kingston called the meeting to order at 1:02 p.m. He noted that Councilor Sandy Mayor Kingston asked Police Chief Jeffrey Ackerman to lead the Pledge of Allegiance. Whitman was excused from the meeting. Mayor Kingston led the moment of silence. PUBLIC COMMENTS Mayor Kingston opened the floor for public comments. He noted that comments will be limited to three minutes as there was a timer for the time limit. He asked that any Town Clerk Lori Ackerman was recognized to speak. Town Clerk Ackerman read the Distinguished Duck Town Council members, Town staff, and other meeting attendees: We are Miriam and Mike Rollin, two full-time residents (and voters) of Duck, NC, residing at 149 Plover Drive. Normally, we would provide comments in person at the meeting, but we had to go out of town for important family responsibilities. We wanted to share with you all our strong opposition to the proposed ordinance change that would allow for arcade gaming facilities in the Town of Duck, as a special use permit activity. We firmly believe that such facilities would be contrary to the established (and very much cherished) culture of Duck, as well as counter to the traditional and heretofore planned land uses in Duck. Such arcade gaming facilities would risk increasing adolescent and young adult conflict, especially if the adolescents and/or young adults comments related to the public hearings be held off. following public comment from Michael and Miriam Rollin: 1 were without any responsible supervision. And our view in opposition to such arcade gaming facilities in Duck is supported by the vast majority of responses to a survey conducted just a few years ago, as well as the Duck Planning Board recommendation in December 2024. We do not find it at all compelling that some other jurisdictions in the Outer Banks (and beyond) permit such land uses...in fact, that points to the unique character of Duck, which needs to be preserved! Please do not approve this ordinance change allowing arcade gaming facilities as a special use permit activity in the Town of Jim Braithwaite of 134 Bayberry Trail, Southern Shores, was recognized to speak. Mr. Braithwaite stated that he wanted to speak in favor of holding a public hearing for the proposed arcade ordinance. He understood that there had been a lot of discussion about the prior survey and the results of it but wanted to remind Council and the audience that in the past, Handy Hugo, which was a permitted use by law, had a petition with over 400 signatures of people against it. He was sure that a lot of the people that voted against not having it were against it even though it was an approved use. He thought surveys should be taken with a grain of salt, adding that surveys were usually taken for surrounding property owners because that was who was the most affected. He pointed out that the survey pertained to something he was doing and everyone was notified. He thought there was a conflict and always has been with regard to anything new being proposed. He stated that it seems like it's happening again because a business interest and a resident Jim Braithwaite pointed out that Duck was a tourist community and thought people were losing sight of that. He added that Duck was not a year-round community even though it had year-round residents. He stated that first and foremost Duck was a tourist community. He added that this was a needed use and was a family-oriented business. He noted that the longer one can keep people at a shopping center, the more money they will spend. He stated that it was a good selling point and a good use. He reiterated that he There being no one else wishing to speak, Mayor Kingston closed the time for public Duck. Thank you." interest were always in conflict. was in favor ofholding the public hearing. comments. CONSENT AGENDA Minutes from the November 6, 2024, Regular Meeting; Minutes from the December Councilor Chasen had a correction to Page 5 of the December 4, 2024 minutes. Councilor Chasen moved to approve the consent agenda as amended. 4,2024. Regular Meeting; Budget Amendment Motion carried 4-0. SPECIALPRESENTATIONS 2 Emplovee Recognition Program Mayor Kingston stated that in December 2011, Council adopted an employee service recognition program that would acknowledge the service of employees of the Town at five-year intervals by providing them with a certificate of recognition as well as a gift Mayor Kingston, Town Manager Havens, and Deputy Fire Chief Matthew Dudek went on toj present Fire Engineer. Matthew Munden with his 5-year service recognition and $50 Introduction ofLauren Creech as the Town of] Duck's Finance Administrator Town Manager Drew Havens was recognized to speak. Town Manager Havens went on to introduce Lauren Creech as the Town of Duck's newest Finance Administrator to Mayor Kingston and Council welcomed Finance Administrator Creech to the Town. Introduction ofMatthew Ouinn as the Town ofDuck Fire] Department's Firefighter Deputy Fire Chief Matthew Dudek was recognized to speak. Deputy Fire Chief Dudek went on to introduce Matthew Quinn as the Town of Duck's newest Firefighter to certificate to a Duck business of their choosing. gift certificate. Council and the audience. Council and the audience. Mayor Kingston and Council welcomed Firefighter Quinn to the Town. Swearing in of Xavier Berry and Micheal Ohse as the Duck Police Department's Police Chief Jeffrey Ackerman was recognized to speak. Police Chief Ackerman went on to introduce Xavier Berry and Micheal Ohse as the Town of Duck's newest Police Officers. He noted that for the first time ever, Duck sent the two officers through Basic Law Enforcement Training, and they both successfully finished the program. Town Clerk Ackerman went on to swear in Officers Berry and Ohse. Mayor Kingston and Council welcomed Officers Berry and Ohse to the Town. Newest Officers QUASIJUDICIALPUBLICHEARING Public fcaring/Discusion/Consideration of SUP 24-10, a Special Use Permit Application by Michael Garner and Anne Henningfeld to Construct a Residential Addition 36.2 Feet in Height to Match the Existing Roofline of the House at 113 3 Royal Tern Lane, Exceeding by 1.2 Feet the Maximum Building Height Allowed in the Single-Family Residential Zoning District under Subsection 136.030(D)7) Mayor Kingston turned the meeting over to' Town Attorney Robert Hobbs. Town Attorney Hobbs stated that the Council would be sitting as a quasi-judicial body for the public hearing, meaning that they will sit as a court and must make its decision based upon competent material and substantive evidence that will be presented during the course of the hearing. He stated that anyone wishing to give testimony would have to give it while under oath with the applicant afforded due process rights including the right toj present evidence, examine, and cross-examine witnesses. He asked if any member of Council needed to disclose any communications about the subject of the hearing that they may have had with the applicant or any person prior to the hearing. There was none. Town Attorney Hobbs asked if there was anyone present that wished to petition the Council for permission to intervene in the hearing as aj party. There were none. Town Attorney Hobbs stated that anyone that would be presenting evidence in connection with the hearing would need to take an oath. He asked that anyone wishing to Town Clerk Ackerman went on to swear in the applicants, witnesses, and staff for the The following persons were sworn to provide testimony during the hearing: Joseph Heard, Sandy Cross, Ken Green, Michael Garner, and Anne Henningfeld. Town Attorney Hobbs opened the evidentiary portion of the hearing. He stated that Community Development Director Joseph Heard was recognized to speak. Director Heard noted that the public hearing was properly advertised. He stated that the height of the existing residence was assumed to be conforming but was unknown until the completion of the addition. He stated that the recently constructed addition was built to match the roofline of the existing residence, which has a nonconforming height of 36.2 feet. He pointed out that the proposal was requesting approval of a special use permit to allow the addition, which exceeds by 1.2 feet the maximum height limitation of 35 feet Director Heard stated that the property at 113 Royal Tern Lane was part of the Sanderling subdivision and the property was 16,730 square feet in size and zoned Single-Family Residential. He stated that the property has approximately 87 feet of frontage on the Royal Tern Lane cul-de-sac, was over 190 feet in depth, and widens to approximately 110 feet at the rear along the Currituck Sound. He pointed out that the property was initially developed in 1985 with a two-story, four-bedroom residence that was 2,200 square feet in size. He added that a two-story addition on the southern side of the home testify come forward to be sworn in. public hearing. Director Heard would give an overview. allowed in Subsection 156.030(D)(7). 4 that consisted of two office spaces and a bathroom was permitted in 2022 and completed Director Heard explained that the height of the existing residence was assumed to be conforming but was unknown until completion of the addition. He stated that a height certificate prepared by B.I.L.D. Surveying showed the recently constructed addition was built to match the roofline of the existing residence, which has a nonconforming height of 36.2 feet. He noted that the proposal was requesting approval of a special use permit to allow the addition, which exceeds by 1.2 feet the maximum height limitation of 35 feet Director Heard stated that Subsection 156.054 oft the Duck Town Code establishes review criteria for special use permit applications related to building height. He noted that the following standards should be considered as part of the Council's review: A. The Zoning Administrator shall review the proposed application and determine if a special use permit is necessary to permit reasonable opportunity to improve the B. Upon determination by the Zoning Administrator that a special use permit is necessary, the Town shall process the application and schedule an evidentiary public hearing by the Town Council in accordance with the procedures set forth. in C. The Town Council may grant a special use only after determining that the in 2024. allowed in Subsection 156.030(D)(7). subject property. Section 156.155 as well as the procedures set forth below. application meets the following criteria: 1. The site for the proposed use is adequate in size and shape, and the proposed use will not negatively affect adjacent property or the 2. The special use will not be inconsistent with the objectives specified in the 3. The applicant has demonstrated that the requirements of this chapter are unreasonable or impractical due to unusual building design, lot shape or mature vegetation; or there are practical siting constraints where original placement of the dwelling on the lot prohibits reasonable improvements 4. Any height special use authorized under the terms of this section for an addition to an existing structure shall be limited to no greater than five feet beyond the maximum height permitted in the zoning district; and 5. The proposed structural modifications meet sound residential design a) Minimize loss of privacy on neighboring properties; b) Maximize image of quality residential development to the street c) Avoid reduction of light and air to neighboring properties. surrounding area; CAMA Comprehensive & Land Use Plan; that meet existing requirements; objectives to: frontage; and 5 Director Heard stated that Subsection 156.054 oft the Duck Town Code establishes review criteria for special use permit applications involving building height and setbacks. He stated that staff evaluated this application and provided the following recommended 1. The site for the proposed use is adequate in size and shape, and the proposed use will not negatively affect adjacent property or the surrounding area. 2. The special use will not be inconsistent with the objectives specified in the 3. The applicant has demonstrated that the requirements of this chapter are unreasonable or impractical due to unusual building design, lot shape or mature vegetation; or there are practical siting constraints where original placement of the dwelling on the lot prohibits reasonable improvements that meet existing 4. Any height special use authorized under the terms of this section for an addition to an existing structure shall be limited to no greater than five feet beyond the 5. The proposed structural modifications meet sound residential design objectives to: a. Minimize loss of privacy on neighboring properties; b. Maximize image of quality residential development to the street frontage; C. Avoid reduction of light and air to: neighboring properties. findings: Comprehensive & CAMA Land Use Plan. requirements. maximum height permitted in the zoning district. and Director Heard stated that staff concluded that all five required findings were met by the proposal and that staff recommended approval of the special use permit application, 1. The applicant must submit a finished construction Elevation Certificate prior to issuance of a final Certificate of Completion/Oecupancy for the project. Director Heard noted that the applicant had already met the condition sO it was no longer Town Attorney Hobbs asked Council ift they had questions for Director Heard. Mayor Pro Tempore Thibodeau asked what the difference was between the final requirement that does not need to be in the special use permit if it were accepted. Director Heard explained that it was not the building height certification, but the elevation certificate for the flood zone. He added that staff has one but it needs to be tweaked. He noted that staff had sufficient information and did not need the addition subject to the following condition: needed if Council approved the application. anymore. Town Attorney Hobbs asked the applicant to make aj presentation. Ken Green of Ken Green & Associates was recognized to speak. Mr. Green stated that hel had the drawings completed and they matched the roofline that existed, adding that he 6 had no idea that it was over 35 feet. He stated that he is now measuring everything before plans are drawn, sO he would not run into this issue in the future. He explained that because of the way it was completed, it made the house look better aesthetically and ifl he had dropped the roofline down another foot or so, it would have looked more. like an addition and not part of the house. He appreciated the approval if Council were to grant Councilor Chasen asked how it was discovered that the height was higher than 35 feet. Ken Green explained that before he was able to get the occupancy permit, one of the criteria was to get a roof height elevation, and at that time it was at 36.2 feet, sO he Mayor Kingston assumed that if Ken Green knew it was over the height limit, he would have come to Council asking to have the roofline match than have it one foot less. Ken Green stated he was correct. He added that now that he has run into this issue, they are Mayor Pro Tempore Thibodeau clarified that this was a common way to measure the average height due to the steep rooflines in Sanderling. Ken Green explained that a lot of the houses that have been built through Dare County allowed them to go over 35 feet. He stated that he now goes into those homes and measures beforehand sO there was no question on the height. Mayor Pro Tempore Thibodeau stated that she wasn'tsure if Dare County measured differently in the past because of average building height. Mr. Green did not think Dare County measured differently, adding that he did not remember back then if he was required to obtain al roof height for the Certificate of Occupancy. Town Attorney Hobbs asked if there were any sworn witnesses that wished to make a Town Attorney Hobbs asked if there were any remaining questions from Council. There Town Attorney Hobbs closed the evidentiary portion of the public hearing and turned the meeting back over to Mayor Kingston. He reminded Council that a vote of the majority was required to approve the application. He stated that if there was a motion to approve the permit, it would include the adoption of the findings of fact and conclusions set forth Councilor Lingard pointed out that Council has had public hearings on special use permits where the applicant has asked for forgiveness but he thought this was not the kind of case Council has seen and thought this was something that could not have been avoided and very minor. He stated that he did not have an issue with the application. Mayor Pro Tempore Thibodeau agreed with Councilor Lingard's comments, adding that Council likes to see things ahead of time. She thought, aesthetically, Council has seen this kind of small exception helping with the aesthetics of the area. She added that it was it. brought the issue to the Town. measuring things first. presentation. There were none. were none. in the draft order, adding that there were noj proposed conditions. 7 nice to ask for permission rather than ask for forgiveness. She stated that she would be in Councilor Chasen stated that she appreciated that the builder was proactive once he realized the situation as well as the continued work that he is working on by continuing to look at things proactively to address any issues he may find. She added that she would be Councilor Chasen moved to approve SUP24-10 with the findings of fact and conclusions. favor of approving the application. in support of the application. Motion carried 4-0. LEGISLATIVE PUBLICHEARINGS Public fearing/Discussion/Consideration of Ordinance 24-07, an Ordinance Correcting References in Section 156.116 of the Town Code regarding Outdoor Lighting and Subsection 156.155(B)I) regarding Special Use Permit Procedures Mayor Kingston turned the meeting over to Town Attorney Hobbs. Town Attorney Hobbs opened the public hearing, noting that the Council would be sitting as a legislative body. He stated that Director Heard would give aj presentation. Director Heard stated that at their November 6, 2024 meeting, Council authorized the Planning Board and Community Development staff to develop the necessary text amendments to address several updates and corrections to the Town Code. He stated that several of the proposals were more complicated and will require comprehensive review in the coming months; however, the Planning Board recommended the following specific 1. Subsection 156.116 - Correct a reference to the Town's outdoor lighting 2. Subsection 156.155(B)(I) - Correct a reference to the submittal timetrame for Director Heard explained that Subsection 156.116 read that, in order to reduce light pollution and light trespass, the following standards shall apply to all lighting in all districts except on single-family detached residential lots, unless otherwise noted. He pointed out that as a result of changes in the Zoning Ordinance, Section 156.126 is now related to standards for the scale of residential development, not lighting. He added that staff was proposing to correct the error by amending the wording to a more generic Director Heard explained that Subsection 156.155(B)(1) read that written applications for a special use permit, along with appropriate fees, shall be submitted to the Zoning Administrator no later than 30 days before the next regular monthly meeting of the corrections to two sections of the Zoning Ordinance as follows: standards. special use permits. "OutdoorI Lighting standards found elsewhere in the Town Code." 8 Planning Board. He stated that staff were proposing to change the reference from the Planning Board meeting to the Town Council meeting for submission of a special use permit review application since the Planning Board was no longer involved in that review process. He added that the necessary amendment to this subsection was simply Director Heard stated that since the proposed amendments were necessary to update and address specific errors in the Zoning Ordinance, the Planning Board members voted unanimously at their November 13, 2024 meeting to recommend approval of the proposed text amendments in Ordinance 24-07. He added that staff was also in favor of Town Attorney Hobbs asked Council if they had questions for Director Heard. Mayor Pro Tempore Thibodeau clarified that the Planning Board had decided that 30 days was adequate time. Director Heard stated she was correct, adding that it gives staff enough time to review the application that was submitted. Mayor Pro Tempore Thibodeau clarified that 30 days ahead for the submittal and then advertising the public hearing would give enough time to get everything in order. Director Heard stated that it would come later in the process for the public hearing. He added that it would be enough Town Attorney Hobbs asked if any members of the public wished to comment on the Town Attorney Hobbs asked if there were any remaining questions of Council. There There being no one else wishing to speak, Town Attorney Hobbs closed the public Mayor Pro Tempore Thibodeau moved to adopt Ordinance 24-07 as presented. overlooked during the comprehensive changes that were made in 2023. the recommendation. time. proposed ordinance. There were none. were none. hearing and turned the meeting back over to Mayor Kingston. Motion carried 4-0. OLD BUSINESSITEMS DEFERRED FROM PREVIOUS MEETINGS Dscusiom/Comideration of Ordinance 24-04, an Amendment to the Town Standards and Definition of Lot Coverage in Section 156.002 of the Town Code Regarding Allowances for Pervious Surface Materials for Single-Family Residences Director Heard stated that Ordinance 24-04 proposes to update and clarify the Town's standards for the use of pervious materials on single-family residential properties consistent with the intent of the Town's lot coverage standards. He pointed out that specifically, the draft ordinance included exemptions for artificial turf and water in swimming pools (Subsections 5 and 6) to make the Town standards consistent with 9 recently adopted State legislation. He added that Subsection 7 proposed a 100% Iot coverage credit for pervious parking surfaces and Subsection 8 proposed a 40% credit for other types of semi-pervious parking surfaces and pervious surfaces used elsewhere on a property. He noted that the ordinance also proposed standards for appropriate subsurface base materials, certification of perviousness by a North Carolina licensed engineer, long- term maintenance of the pervious surface, and recordation of maintenance agreements. Director Heard stated that on April 5, 2023 Council adopted Ordinance 23-01, which amended the definition of Lot Coverage by allowing completely pervious groundcover materials to be entirely exempt from lot coverage calculations. He stated that this exemption was subject to certification by a North Carolina licensed engineer or documentation ofi installation according to manufacturer's specifications. He pointed out that the definition of Lot Coverage previously had, and still has, a provision allowing paving blocks such as turfstone or an equivalent, permeable interlocking concrete pavers, and porous concrete installed on a pervious base (not to include clay) to be considered Director Heard stated that after working with the new standards for a year, staff ran across several instances where contractors wanted to review the 100% allowance for the use of permeable pavers in a parking area. He stated that it was not entirely clear to the public or staff when each provision was intended to apply and following research and multiple meetings of discussion/analysis, the Planning Board prepared the draft ordinance to help clarify when allowances would apply to pervioussem-pervious surfaces in the Director Heard stated that in response to a Planning Board question concerning a 10- year/two-hour storm event, Town Engineer Michael Robinson noted that a 10-year, two- hour storm in Duck equaled 3.1 inches of rainfall and for comparison, he added that the Towns of Kill Devil Hills and Nags Head both use 4.2 inches as a design storm for engineered stormwater. He stated that Town Engineer Robinson had offered his opinion, based on a rainfall frequency chart and that a minimum 3.1-inch standard was adequate Director Heard explained that as part of omnibus building code/development related legislation ratified by the North Carolina State Legislature on June 28, 2024, local governments are expressly prohibited from counting the water in a swimming pool or artificial turf as developed area, impervious surface, or partially impervious surface for stormwater management purposes. He pointed out that it could be legally and technically argued that the Town's lot coverage standards are not part of a stormwater program; however, as the lot coverage standards are part of a local government ordinance, and stormwater management was a major component of the Town's rationale for maximum lot coverage standards, the Planning Board opted to include the new State exemptions in Director Heard stated that as it updates and further clarifies the definition of Lot Coverage and allowances for the use of permeable materials in lot coverage calculations 60% impervious. future. for the Town's purposes. the draft ordinance. 10 consistent with the Town's intent, the Planning Board initially voted 4-1 to recommend approval of the proposed text amendments in Ordinance 24-04 at their September 11, 2024 meeting. He stated that in addition to clarifying which type of pervious materials will receive which allowances, the Planning Board highlighted the importance of having appropriate subsurface base materials, licensed engineer's certification of perviousness, long-term maintenance of the pervious surface, and recordation of maintenance agreements. He noted that these items have been addressed in the draft ordinance and as part of their discussion, the Planning Board acknowledged the challenge of enforcing the maintenance provisions and considered the timing of implementing the changes when the Director Heard stated that following the November 6, 2024 public hearing, Council reviewed the text amendment application related to lot coverage allowances for pervious surfaces and sent the application back to the Planning Board to provide more clarity regarding the implementation and enforcement of the proposed standards, specifically the Director Heard stated that at the Planning Board's December 11, 2024 meeting, the members reviewed maintenance standards and a recordation template provided by Town staff, listened to public comments, and unanimously concurred with the plan regarding enforcement of maintenance provisions for pervious surfaces. He added that the Planning Board noted the necessity of long-term maintenance for pervious surfaces to maintain an effective level of perviousness and the need to record agreements sO that new Mayor Pro Tempore Thibodeau clarified that the homeowners would have to certify that they would comply with maintenance agreements, sO it was on the homeowner and not referencing any particular maintenance plan, but just the homeowner stating that they would be doing it. Director Heard stated that the maintenance plan can change. Mayor Pro Tempore Thibodeau agreed. She clarified that the homeowner was the one who would be stating that they would be doing it. Senior Planner Sandy Cross was recognized to speak. Senior Planner Cross stated she was correct, adding that that was one of the reasons when it is recorded, it would transfer to the new homeowner when a title search isc completed. Mayor Pro Tempore Thibodeau stated that she saw the complexity in all of it. She clarified that it would apply to new properties and for moving forward and the 60% would apply to astroturf and the 100% permeable would apply to anyone that was getting al lot coverage benefit. Senior Planner Cross stated that it would if they chose to take the credit. Mayor Pro Tempore Thibodeau clarified that this would not apply to existing homes but was for anyone that may want to obtain the extra credit as a deed restriction. Senior Planner Cross stated she was correct. Mayor Pro Tempore Thibodeau asked if staff would, on demand, ask a homeowner to provide proof of maintenance. Senior Planner Cross explained that it would be on a complaint-driven basis due to Councilor Chasen asked if someone received the credit, put the restriction on the deed and they sell the property, what would happen ift they had not maintained it. She asked if new State legislation will not take effect until November. recordation requirements for certification and maintenance agreements. owners of aj property were aware of the maintenance requirements. flooding issues. 11 the Town had any intention of checking at a sale or ifit would still be complaint driven. Senior Planner Cross stated that it would be complaint driven, which was why it needed to be recorded SO the next homeowner knows that there was a maintenance agreement in Councilor Lingard thought this was something that the real estate agent should be looking at when they see a deed restriction to make it a condition that the seller has it maintained before the sale goes through. He noted that he used to be a real estate agent and that it would have been something that he would have been looking into if he was representing a buyer to make sure that the maintenance had been completed before his buyer took Mayor Pro Tempore Thibodeau thought that it would be a material fact for a realtor if there was a realtor involved, adding that a licensee would have to know about that and Mayor Kingston asked Council if they wished to adopt the ordinance at this meeting or schedule another public hearing on it. Councilor Lingard thought the issue before was not knowing what the maintenance agreement would look like. He thought now it made a lot of sense to him and that he would be in favor of adopting the ordinance at this Mayor Pro Tempore Thibodeau asked if Council was doing the public hearing at this meeting. Mayor Kingston stated that Council already held a public hearing. He stated that Council could adopt the ordinance or schedule another public hearing. Mayor Pro Tempore Thibodeau appreciated the time and effort involved in the ordinance. She thought what comes from it will be a deterrent with trying to use it because it was complicated. She appreciated the maintenance guideline that Council was presented with, read it thoroughly and thought there was a lot of maintenance involved. She pointed out that it was complicated to maintain and thought it will deter people from trying to obtain extra lot coverage from these methods while others may like it. She felt it was too much for staff to follow up on and reiterated that it will be a deterrent. She stated that recording it in a deed was something that should not be taken lightly and was something Councilor Lingard moved to adopt Ordinance 24-04 as presented with the additional place. possession of the home. disclose it to any buyer. meeting. that people would be reluctant to do. information on clarifying maintenance agreement recordation. Motion carried 4-0. Dscusion/Consideration of Authorizing a Public Hearing on Ordinance 24-06, an Ordinance Amending Four Sections of the Town Code to Allow Amusement Arcades as a Specially Permitted Use in the Village Commercial Zoning District Director Heard stated that the applicant = Keith Bliss - has proposed amendments to several sections of the Duck Town Code to accommodate the addition of Amusement 12 Arcades as a permitted use in the Village Commercial zoning district and associated changes. He stated that the applicant wishes to establish an amusement arcade within one Director Heard reminded Council that it was important to recognize that the current text amendment proposal differs from the prior, similar proposal in that it only proposes to add amusement arcades and not the full array of indoor entertainment uses previously proposed. He stated that following discussion and consideration at their November 10, 2021 meeting, the Planning Board voted 3-2 to recommend approval of a text amendment proposed to allow Indoor Entertainment Facilities as a permitted use in the Village Director Heard noted that while reviewing the initial proposal, the Planning Board raised concerns about the broad array of uses permitted under the proposed definition; in particular, the Board was concerned that certain types of uses including billiard rooms, bowling alleys, paintball facilities, skating rinks, amusement rides including ferris wheels, spinners, carousels and the like, and electric go-cart tracks have greater impacts than other uses included in the initial definition. He added that after discussing these concerns, the applicant agreed to remove uses with potentially greater impacts and Director Heard explained that the Planning Board questioned the initially proposed parking standards of one space per 300 square feet of customer area. He stated that while the Board agreed with the Town's current minimum parking standard of one space per 100 square feet is on the more burdensome end of the spectrum, the initially proposed standards were on the most lenient end. He added that after the discussion, the Planning Board and applicant compromised by increasing the proposed minimum parking standards to one space per 200 square feet gross-floor area, consistent with retail uses. Director Heard stated that after initially reviewing the proposal at their December 1, 2021 meeting, Council instructed stafft to obtain public comments on the issue. He stated that a great majority of the public comments received over the next month were in opposition to indoor entertainment facilities and the applicant chose to withdraw the text amendment application for indoor entertainment facilities prior to the public hearing being set by Director Heard stated that staff compiled a list of standards concerning similar amusement arcades/indoor entertainment uses for other communities on the Outer Banks unit of the Duck Commons shopping center at 1211 Duck Road. Commercial zoning district. narrow the list of permitted uses in the proposed definition. Council. and found the following: Southern Shores = no provisions for amusement arcades or indoor entertainment Kitty Hawk - no provisions specifically for amusement arcades or indoor entertainment facilities but miniature golf, game rooms, and indoor skate parks facilities. are permitted as special uses. 13 Kill Devil Hills - billiard parlors, video and amusement arcades are permitted Nags Head - indoor entertainment facilities are permitted uses. Manteo - no provisions for amusement arcades or indoor entertainment facilities. Dare County indoor recreation uses are permitted uses. Currituck County - indoor ccrcation/enteraimment is a permitted use. uses. Director Heard stated that nationally, the American Planning Association's! PAS Parking Standards offer examples of parking standards for indoor entertainment and similar uses that vary widely depending on the specific type of use. He noted that standards range from as much as one space per 50 square feet customer use area to as little as one space per 400 square feet gross floor area. He added that based on this information, staff found that the applicant's proposal was consistent with permitted uses in a majority of the local communities. He stated that in all communities where amusement arcades were specifically allowed, they list or interpret similar uses to be permitted uses. Director Heard stated that following the Planning Board meeting on November 13, 2024, the applicant submitted a revised application that made substantial changes to the proposed amendments in Subsections 156.002, 156.036, 156.040, and 156.094 as 156.002 - The revised proposal added the phrase ". ...and limits the use of arcade games, not laser tag or other large scale space Indoor Recreation devices..." to the initial 156.036 - Whereas the initial text amendment proposed the addition of Amusement Arcades as a permitted use, the revised text amendment changed the proposed requirement to a special use permit and added the remaining wording further specifying 156.040 - Consistent with the change in Section 156.036, the "P" proposed for the V-C 156.094 - The initial application reviewed by the Planning Board proposed the following wording be added in the Parking standards: "No Additional Parking Required if Amusement Arcade Space is Placed within Existing Facilities". To address comments and concerns raised at the Planning Board meeting, the applicant amended his proposal to the one parking space per 200 square feet standard reflected in the current proposal. This standard is similar to the current minimum parking standards for retail uses. The applicant also added the following wording: "...for amusement arcade space placed Director Heard stated that at Council's December 4, 2024 meeting, Council reviewed the text amendment application relating to amusement arcades and decided that the recent changes to the proposal were substantial and sent the application back to the Planning Board to review the amended proposal and make a revised recommendation. He added follows: proposed definition. maximum square footage standards/limitations for the use. column was amended to be an "S", requiring a special use permit. within existing facilities... " 14 that Council briefly discussed the idea of establishing a business license requirement/fee for amusement arcades or machines and requested the Planning Board to evaluate the necessity and appropriateness of this option. He stated that the Planning Board considered a revised text amendment application allowing Amusement Arcades as a specially permitted use in the Village Commercial zoning district at their December 11, 2024 meeting and received comments from the applicant as well as members of the public in favor and opposed to the text amendment. He added that the Board voted 3-2to Director Heard explained that the Council's discussion concerning the possibility of establishing business license requirements/fees for amusement arcades and/or machines centered around the timing and ease of enforcement with the thought being that a business license could quickly be revoked for noncompliance with zoning standards or conditions of approval. He stated that the desirability of business licensing was briefly discussed by the Planning Board but not in detail due to a majority of the Board recommending against allowing amusement arcades entirely. He noted that if Council decides to consider business licensing for amusement arcades, staff can prepare an Mayor Kingston thought Council should move forward with the public hearing in order to give the applicant an opportunity to discuss it with Council as well as giving the public an opportunity to discuss with Council. He reiterated that he would be in favor of moving forward with the public hearing at Council's February 5, 2025 meeting. Mayor Pro Tempore Thibodeau agreed with Mayor Kingston' 's comments and thought it would be worthy of further discussion and exploration. She pointed out that this was the second time that Council has seen this type of proposal with this one not being as large scale as the previous one. She thought Council or the Town could put any number of restrictions on this type of special use. She understood that no one wanted disruptions and out of control youth behavior, but she thought it could be considered a stretch that it would be the case. She added that she would not be at the February meeting due to Councilor Lingard agreed that there should be aj public hearing. Councilor Chasen agreed with the rest of Council's comments, but thought all of Council should be present for the public hearing. Mayor Kingston pointed out that it would need to be held at the February Councilor Lingard moved to schedule the public hearing on Ordinance 24-06 for recommend denial oft the revised text amendment proposal. ordinance outlining the changes. another engagement. 5,2025 meeting in order to be fair to the applicant. February 5, 2025. Motion carried 4-0. NEW BUSINESS 15 Dsausion/Comideration of Options for the Disposal of the House and Other Structures Located on the Herron Property that is Now Owned by the Town of Town Manager Drew Havens was recognized to speak. Town Manager Havens stated that on December 20, 2024, the Town acquired three parcels of land located at 101 and 103 Scarborough Lane and 1165 Duck Road, from the Herron family. He stated that the property currently has an old house and several Outbuildingsfstructures and while the house is one of the older structures in Duck, its age and deferred maintenance make its continued utility to the Town unfeasible. He pointed out that while Council will be discussing the future use of the property at their Retreat, staff was recommending attempting to auction the house for removal by a purchaser if one is found and allow a reasonable amount of time for it to be removed. He added that, concurrently, staff was also recommending that a request for proposals be developed to remove all structures, foundations, and any other debris from the site. He noted that a bid alternate will be included in the request for proposals to allow for the removal of the house by any potential purchasers. He stated that Council will be asked at a future meeting to consider responses to the request for proposals as well as considering a contract to perform the Mayor Kingston asked how long the house would be up for auction. Town Manager Havens stated that it would be 30 days and he would use GovDeals as well as putting it on the Town's website. Mayor Kingston asked if the prior owner had taken everything that they wanted. Town Manager Havens stated that they have taken most oft the items. Councilor Lingard suggested that opening bid be for $1.00 and accept it for that price if someone would take it away. He thought the biggest issue was removing the home and if someone else could use it, then that would be fine. Town Manager Havens stated that the minimum bid will be $1.00 and the winner would have to move the home at their Mayor Pro Tempore Thibodeau stated that she had wondered what the mechanism was for the auction. She thanked Town Manager Havens for stating that it was one of the older houses in Duck. She stated that she had the same kind of pain when the Rodgers house was taken down because it was a cool, iconic spot, along with other older houses. She thought if no one wanted to take the house away, that there could be a way to use some of the wood. She thought the building should be documented before anything happens for historic preservation and the importance of the history of Duck. She added that some of the wood could be sold as historic home wood. She stated that she hated the idea ofit ending up in a dumpster and thought people would like to have a plank from it. Town Manager Havens stated that he talked to one of the owners of the house who said that the original structure was added onto and the way it was added onto was with pieces of wood from shipwrecks that were found on the beach. He stated that there is some history there, adding that if the Town could not sell the house, he could look into seeing what could be salvaged. He hoped at some point, a new building would be built for Duck work described. expense. He noted that the home was not beyond salvage. 16 Public Safety and thought there could be something that could be used from the house. Mayor Pro Tempore Thibodeau thought documenting it or having an historical group involved to document things. She stated that she didn't want to just say goodbye to it. Councilor Lingard wondered if it could be put in the auction details that the first reference is to have the house removed, but if someone wanted to salvage the wood from it, then that was another option. He pointed out that old wood was a commodity and Mayor Kingston asked if there was any way to assess if there was any value of anything in the house. Town Manager Havens stated that there were plywood floors, ceilings, and walls. Mayor Kingston thought the Town should move forward with trying to auction the house off and see if there is interest in someone buying it and removing it and if not, Council could make a decision on how it will be demolished. Councilor Chasen thought Mayor Pro Tempore Thibodeau asked if there was a timeline for this. Town Manager Havens did not think it was an emergency but felt it should move forward. He added that Council would be discussing the future use of the property at their Retreat. He noted that if everything was removed from the property, there was no reason it couldn't be used as Councilor Chasen moved to declare the house as surplus and auction it and create a people were. happy to reuse it. Mayor Pro Tempore Thibodeau agreed. itc could be used for art projects. temporary public parking. request for proposals for the removal of the other outbuildings. Motion carried 4-0. Dscusion/Consideration of Town Council's Recommendation for the North Carolina League of Municipalities' 2025-2026 Biennium Legislative Goals and the Appointment of a Voting Delegate to Send the Council's Input to the League Town Manager Havens stated that every two years the North Carolina League of Municipalities, through legislative action committees, develops proposed legislative goals for the League to pursue during the upcoming legislative session. He stated that the draft goals were then sent to all members of the League for their consideration and members are asked to submit their selection of the top 10 goals most important to that member's municipality. He noted that Council was provided a full list of the goals and asked to review them and make individual selections in advance of this meeting. He added that Council needed to appoint a voting delegate to send the information to the League. Council and Town Manager Havens reviewed the list and chose the items most important Mayor Pro Tempore Thibodeau moved to appoint Town Manager Havens as the Town's tot them. representative and submit Council's top 10 goals. Motion carried 4-0. 17 ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY Town Attorney Hobbs stated he had nothing to report. ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER Departmental Updates Deputy Police Chief Melissa Clark was recognized to speak. Deputy Police Chief Clark gave al briefoverview of the past month's police activities to Council and the audience. Public Information and Events Director Kristiana Nickens was recognized to speak. Director Nickens gave a brief overview of activities to Council and the audience. Director Heard gave an overview of the past month's permit activities to Council and the Deputy Fire Chief Dudek gave a brief overview of the past month's fire activities to audience. Council and the audience. November FY 2025 Financial Presentation financials to Council and the audience. MAYORSAGENDA Town Manager Havens gave a short presentation on the November Fiscal Year 2025 Mayor Kingston stated that the mayors/chairmen meeting will be on January 21, 2025 hosted by the Town of Manteo. He reminded Council of the goal planning session Council will be participating in on. January 15, 2025. COUNCIL MEMPER'SAGENDA Mayor Pro Tempore Thibodeau stated that she was thinking about the residents in California that were suffering through the wildfires and weather. She stated that it made her think of how important Duck's Public Safety is and how valued they are. She added Councilor Lingard stated that he was looking forward to working on the Government that Duck was lucky to have an amazing Public Safety Department. Access Committee. 18 Councilor Chasen stated that she recently met with Lee Nettles for an orientation for her service on the Outer Banks Tourism Board. She added that the Board would be meeting on' Thursday,January 16, 2025. OTHER BUSINESS Additional Public Comments Mayor Kingston opened the floor for public comments. Jim Braithwaite stated that with regard to the Herron property, he had talked to Town Manager Havens briefly about it and had his contractor look at it who will have a house mover look at the house. He noted that the initial price to move the house was $35,000. He added that if there was an opportunity to move it across the street, he thought he would try to do that in order to preserve the house. He added that if the house was demolished, it would cost money to do that. He wasn't sure ifi it was possible, if he won the bid and was cost effective, if he could receive credit for the demolition fee that the Town would have to pay and give him the money sO he could offset the cost to move the house if it were possible. He pointed out that the Town would be paying $17,000 - $20,000 to demolish it and he would rather take that amount and use it. Town Manager Havens stated that he would discuss things with Jim Braithwaite offline. There being no one else wishing to comment, Mayor Kingston closed the time for public Mayor Kingston noted that the next meeting would be the Mid-Month meeting on comments. Wednesday,January 15, 2025 at 1:00 p.m. CLOSEDSESSION Mayor Pro Tempore Thibodeau moved to enter closed session pursuant to North Carolina General Statute Section 143-318.11(a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. Motion carried 4-0. The time was 3:18 p.m. Upon return from closed session, Town Attorney Hobbs stated that he discussed a legal matter with Council, provided legal advice and received guidance from Council. ADJOURNMENT Councilor Chasen moved to adjourn the meeting. 19 Motion carried 4-0. The time was 3:54 p.m. Town Clerk a Don FEE Kingston, Mayor TOWNEZ DUCK NOKTIICAROLINA 20