DCPREZ-2014-10769 - Laserfiche WebLink

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Public Hearing: November 25, 2014 Petition: Rezone 10769 --- %�� CUP 2293 `� Staff Report . Zoning Amendment: Town/sect: ,�:,.�:.�� ,,- Dunn ,,�,sc f` B-1 Local Business District to B-1 Local Business District Section 33 Acres:O.32 Applicant Zoning and Land Regulation Committee Survey Req. No The Steven and Laurel Reason: Brown Foundation Zoning: Amend deed restriction Location: CUP: allow residential use 4136 Rutland-Dunn Townline Road To: CUP ROAmend Deed Restrictions 1 - A-1(Em my 111 DESCRIPTION: The applicant is requesting removal of an existing deed restriction limiting uses of the B-1 zoned property to a law office. The proposed conditional use would be for residential use associated with private retreats for affiliated church groups and individuals. The facility will be primarily for day use, but some overnight use may also occur. The facility would not be available for public use/ rental. Private use of the facility would be at the discretion of the owner, the Steve and Laurel Brown Foundation. OBSERVATIONS: A search of property records documents that the 0.3 acre property was created as a separate parcel in 1991 without a Certified Survey Map (CSM) as required by the county land division ordinance. To bring the parcel into compliance with the land division regulations, a CSM should be done on the property. TOWN PLAN: The property is located in the town's Agricultural Preservation Area. The town allows conditional uses that do not conflict with agricultural use and that are compatible with the rural character of the town. RESOURCE PROTECTION: No areas of resource protection corridor located on the property. STAFF: The proposal appears reasonably consistent with town plan policies. Staff suggests a deed restriction limiting uses of the B-1 property exclusively to a private club/organization retreat center. Staff also recommends that a CSM be required as a condition of zoning approval in order to bring the property into compliance with the land division regulations. TOWN: Approved with an amended deed restriction limiting use of the property to a retreat center, and limiting buildings for the use to the existing building. The CUP was approved with a condition prohibiting full time residential use of the property.