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Public Hearing: January 28, 2014 Petition: Rezone 10636 <br /> 7 _ ;., February 25, 2014 CUP 2257 <br /> Staff Report Zoning Amendment: Town/sect: <br /> '',.;' scceg % C-1 Commercial District to C-1 Vermont <br /> Zoning and Land Regulation Committee <br /> Commercial District Section 18 <br /> Acres:1.42 Applicant <br /> Survey Req. No Cress Spring Farm Inc <br /> Reason: <br /> Amend Deed Restriction to allow Location: <br /> take-out pizza restaurant 4035 Ryan Rd <br /> CUP Description: Allow sale of <br /> alcohol tavern <br /> it 1. I •IP 1 Aii lira . <br /> -.. <br /> - ' - • 4 <br /> Amend DR J <br /> l 11_ <br /> • To CUP �, . . .,' ,� _ <br /> ' " AV. f1 3 um <br /> 'deuce for awathmmnar care- Wier <br /> { ,...__. ..... - .y:y'° `_ .yr h..� ,* <br /> &1g. ___- <br /> II 0 <br /> .. is <br /> DESCRIPTION: Cress Spring Farm owns and operates a bakery on the C-1 zoned property and would like to amend <br /> existing deed restrictions to allow operation of a seasonal take-out pizza restaurant. A conditional use permit is also <br /> requested to allow sales of beer and wine during the hours of restaurant operation, pending receipt of a liquor license <br /> from the town. The pizza take out operation would operate seasonally, with outdoor, picnic-style seating only. Portable <br /> sanitary facilities will be provided for patrons. The existing conditional use permit for a residence in the C-1 district will <br /> remain in effect. <br /> OBSERVATIONS: No new structures are proposed as part of the restaurant operation. The C-1 zoning lot includes <br /> areas of steep slope topography behind the existing building housing the bakery. <br /> TOWN PLAN: The property is located in the town's rural preservation area. Town policies support the development and <br /> continuation of small "cottage industries/ businesses" that fit with the rural character of the town. <br /> RESOURCE PROTECTION: There is an area of resource protection corridor associated with an unnamed intermittent <br /> stream located to the south and east of the C-1 zoning lot. No new development is proposed. <br /> STAFF: The proposal appears consistent with town plan policies. Staff recommends that the existing deed restriction be <br /> amended to read as follows: "Limit commercial uses of the C-1 zoning lot exclusively to a bakery, food processing facility, <br /> and take out restaurant with outdoor seating only. Appropriate sanitary facilities shall be provided for patrons." See <br /> attached preliminary CUP for recommended conditions on sale of beer and alcoholic beverages. <br /> TOWN: Approved, with conditions. <br /> 2125 ZLR Action: <br /> Motion by Bollig/Kolar to recommend approval of Zoning Petition#10636 with condition; motion carried, <br /> 5-0. YGP: 2-0. <br /> 1. The deed restriction on the property shall be amended to read: "The C-1 Commercial Zoning boundary shall be limited to a <br /> bakery. In addition to operating a food processing plant, the bakery may operate as a take-out restaurant, with no indoor <br /> seating provided." <br /> Motion by Bollig/ Kolar to approve Conditional Use Permit#2257 with 5 conditions and contingent upon Zoning Petition <br /> #10636 becoming effective ; motion carried, 5-0. YGP: 2-0. <br />