Subject:
Title
Request to Set a Public Hearing on Amending the Town Code to Allow for Cash Proffers:
Body
EXPLANATION AND SUMMARY:
Recommendation to the Town Council on a Zoning Ordinance amendment to allow cash contribution proffers, permitted by and consistent with State code Section 15.2-2301.1 "Cash proffers requested or accepted by a locality"
The recent approval of the Maple Avenue Commercial Zone (MAC) ordinance and overlay district has generated interest in rezoning properties along Maple Ave. The MAC Ordinance allows developers to take advantage of height and density incentives but they must in return provide enhanced pedestrian friendly design and mixed use elements. Currently, two rezoning applications have been received and are in the review process. One applicant has requested the Town consider acceptance of a voluntary cash proffer. Town Code, Article 24 "Rezoning and Amendments" does provide for some forms of proffered conditions but specifically prohibits cash proffers. Subsection C currently reads "Such conditions shall not include a cash contribution to the Town". If Town Council wishes to accept cash proffers as permitted under state enabling legislation, we will need to amend the Town code to mirror language in the Virginia State Code Sec. 15.2-2301.1 to allow such proffers. The following is the proposed language change;
Sec. 18-249.1. - Conditional Zoning and Proffers.
As a condition to any rezoning or amendment to the zoning map, the council may suggest reasonable conditions, in addition to the regulations provided for the zoning district or zone by this Code, provided such conditions are voluntarily proffered in writing by the owner prior to a public hearing before the Council and provided further that:
(a) The rezoning itself must give rise for the need for the conditions;
(b) Such conditions shall have a reasonable relation to the zoning;
(c) Such conditions may include a cash contribution to the Town in accorda...
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