Town of Dewey Beach Planning Commission Public Hearing

August 19, 2011 P&Z Meeting Minutes Approved October 15, 2011

1 Meeting Minutes 2 Town of Dewey Beach Planning Commission Public Hearing 3 Meeting Date: August 19, 2011 4 5 The meeting was called to Order by Chair Harry Wilson, followed by the Pledge of Allegiance and Roll 6 Call. Commission members present were: Ed Beste, Jim Dedes, David King, Gary Mauler, George Metz, 7 and Chuck McKinney. Town Attorney Mike Hoffman and Town Code Enforcement Officer Bill Mears 8 were present in their official capacities. 9 10 Chair’s Comments. Chairman Wilson noted that the purpose of this meeting was to continue the review 11 of a Conditional Use application for an outside dining area by Grotto Pizza Dewey, LLC, and stated for 12 the record that the meeting had been properly noticed. 13 14 Minutes of Prior Meeting. After a motion and second, the minutes of the May 6, 2011 meeting were 15 approved by unanimous voice vote. 16 17 Presentation by Grotto Pizza Dewey, LLC. Vince Robertson, attorney for Grotto Pizza Dewey, and Jeff 18 Grosner, VP Grotto Pizza Dewey, led the presentation focusing on amendments made to the application 19 since the first Planning Commission hearing (the amended set of plans are attached as an addendum). 20 According to Attorney Roberts, the amended application is for a Conditional Use permit to build a 988 sq. 21 ft. deck at the front (Coastal Highway) and side (Read Ave) of the existing structure; to provide outside 22 dining for 72 patrons at 18 tables. 23 24 During the presentations by Mrrs. Robertson and Grosner the following facts and issues were presented: 25  The Read Ave public sidewalk was measured by the Town Code Enforcement Officer and is at least 26 5’ wide; 27  Grotto Dewey has, and will continue to operate with this addition as a “family dining restaurant”; 28  Alcohol sales are current less than 15% of total sales, and the alcohol-sales percentage is expected to 29 remain at this level following the expansion, or possibly decrease; 30  The proposed deck area will only be used for seated food service, and will close by 11:00 pm as 31 required by code; 32  Use of the Buena Rd parking/delivery area will remain unchanged: for restricted deliveries and 33 removal of trash, and employee parking of not more than 10 passenger vehicles; 34  Two tables currently in place in the interior bar area will be removed to facilitate wait staff access to 35 the new exterior service area; 36  The proposed deck surface will be 2’ 9” above grade (lower than indicated in the initial application 37 plans), and the proposed fencing complies with the Town Code corner visibility requirements; 38  There will be no music anywhere outside, either live or recorded/amplified; 39  The entire exterior service area will be a No Smoking area; 40  When closed, the proposed tables and chairs will be removed, i.e., chairs stacked in a corner and 41 tables locked down. This was proposed to prevent after-hours congregating in this area, and was not 42 deemed by the Planning Commission to violate the code restriction in 185-25 (1)(a)[1][f] related to 43 moving tables during operating hours. 44  After-hours access to the outdoor service area will be restricted by the use of a gate or some other 45 appropriate manner; 46  There had been no meeting(s) between Grotto principles and/or planner(s) and the residential 47 neighbors since the May 6, 2011 Planning Commission hearing. 48  The version of the Comprehensive Plan posted on line is a draft version and not the final approved 49 version; Map 7 incorrectly shows the Grotto Pizza Buena Rd. parcel as being zoned for resort 50 business usage – not resort residential as in the approved plan.

1 August 19, 2011 P&Z Meeting Minutes Approved October 15, 2011

1  There appears to be ambiguity in the 2009 Town Zoning Code between Table 2 and Section 185- 2 35.A.(6)(a) related to restaurant parking requirements; whether the required spaces are restricted for 3 patron parking or also available for use by employees and/or others. 4  Screening fence. The proposed fencing along the front and side of the proposed deck area was 5 designed in an attempt by Grotto Pizza to separate its patrons from the general public walking by on 6 the sidewalk. There was interest from several members of the Planning Commission to make this 7 fencing less intrusive and more “beachy”. Grotto principles were receptive to this suggestion (not 8 included in the recommended Conditions). 9  Noise standards. A suggestion to accept the state standard for noise complaints, wherein if a 10 reasonable person is disturbed by noise emanating from Grotto, the manager or police will respond, 11 was accepted. 12  Coordination with the residential neighbors. Grotto agreed to establish a mechanism for opening 13 discussions to resolve any potential future issues with their neighbors. 14  Security in parking lot. Grotto agreed to install and monitor a security camera system. 15 16 Public Comment 17  David Ferry, 107 Read – Against. Mr. Ferry noted there was no provision indicated for trash 18 receptacles on the outdoor service area; raised concern about landscaping (the steps seemed to 19 end in the middle of the existing plantings and would thus require removal of some existing 20 plantings, no comprehensive plan proposed); concern that there was no lighting plan included in 21 the application plans; concern that pro-active management of the outdoor service area will be 22 important in limiting neighborhood disturbance from noise and bar patrons; the sign advertising 23 the Grotto “Beach Bar” that is hanging immediately over where the outdoor “family dining area” 24 is proposed, sends the wrong message and should be removed or changed; security service needs 25 to be provided by the owner and negative impacts on the neighborhood monitored and controlled. 26  Barb Forney, 110 Read – Against. Ms. Forney began her comments by stating that what goes on 27 at Read & Route 1 today is “barely tolerable”. She went on to note that the town needs more 28 bathrooms, especially in light of the proposed increase of patron occupancy, and that trash is and 29 will continue to be an ongoing issue. 30 31 There was no testimony from the public in support of this application. 32 33 Chair Wilson also read letters into the record from C. and P. Pearson (Against), B. and J. Gibson, 112 34 Read (Against), D. Forster (Against), and M. Henthorn, 109A Read and Buena (do not allow any change 35 in use of Buena Rd. parking lot) 36 37 Planning Commission Questions and Discussion 38 Questions were asked and answered regarding: 39  A wait staff/bus station on the exterior service area. The initial thought was to use a service/bus 40 station just inside in bar area. Later in the meeting, Grotto indicated it thought a bus/wait staff 41 service area on the exterior deck would be a good solution to this need. 42  Clarification of the number of tables being proposed in the amended application. The amended 43 plan was for 18 four tops, for a total occupancy of 72. 44  Table lighting. Not final as of this time, while the Planning Commission preference would be for 45 down lighting, this is complicated in an environment where the tables might be moved/removed 46 each night when service operations are closed down. 47  Security. Intent is to have one “bouncer” on site while bar and restaurant are in operation, as is 48 current practice. 49  Policing of lot to restrict for “patron parking”. Currently do not control use of their patron parking 50 lot. Are looking into the practice being used at Ruddertowne, wherein a parking attendant would

2 August 19, 2011 P&Z Meeting Minutes Approved October 15, 2011

1 collect $10 for parking and issue a voucher for $10 off purchases at Grotto. This also positively 2 addresses solves related to public safety in the parking lot. 3  Parking lot lighting. Needs to be addressed within an overall lighting plan. 4  Handicap parking in Read parking lot. Will need to restripe the lot to identify handicap parking 5 spaces. 6 7 In addition Grotto agreed to a range of conditions derived from considerations of health, safety and 8 welfare for the Town and its residents and visitors, along the lines of considerations of Light & Noise, 9 Congestion & Security, Trash & Deliveries, and the requirement that it obtain a Certificate of Compliance 10 prior to beginning any work on the proposed deck and exterior service area (specific conditions requested 11 by the Planning Commission and agreed to by Grotto Pizza Dewey LLC at this meeting are included in 12 the attached recommended conditions). 13 14 Grotto did not agree to a request to create more patron restrooms in the interior Take-Out area. This 15 would have addressed issues raised by the public and the Planning Commission. Grotto indicated such a 16 modification would cost several tens-of-thousand dollars, and the Planning Commission withdrew this as 17 a potential condition. 18 19 Motion. A motion was made and seconded to recommend approval of the Conditional Use Application 20 for and Outdoor Service Area under the attached set of conditions (attached in the form of a draft 21 resolution) to ensure that the public health, safety and general welfare will not be adversely affected, 22 adequate off-street parking will be provided, the use will not contribute to a traffic problem, and the 23 necessary safeguards will be provided for the protection of surrounding property, persons and 24 neighborhood values. This motion was approved unanimously by a roll call vote of the Planning 25 Commission. 26 27 Adjournment. A motion was made to adjourn. This was seconded and passed by unanimous voice vote. 28 29 30