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File #: 19-1343    Version: 1 Name:
Type: Action Item Status: Passed
File created: 6/26/2019 In control: Town Council Meeting
On agenda: 7/1/2019 Final action: 7/1/2019
Title: Consideration of a Motion to Rescind Action taken by Town Council on June 17, 2019, regarding the Rezoning Application for 374-380 Maple Avenue West.
Attachments: 1. 06-26-19 Letter of request, 2. 06-26-19 Town Code, Sec 2-11, 3. 06-26-19 Town Code, Sec 2-53, 4. 06-26-19 Robert's Rules, 5. 06-27-19 Sienicki letter, 6. 06-27-19 Robert's on Rescind
Subject:
Title
Consideration of a Motion to Rescind Action taken by Town Council on June 17, 2019, regarding the Rezoning Application for 374-380 Maple Avenue West.
Body
EXPLANATION AND SUMMARY:

Two Councilmembers have requested that the rezoning application for 374-380 Maple Avenue West (agenda item 19-1317), which was approved at the June 17, 2019 regular Town Council meeting, be placed on the agenda of the regular Town Council meeting of July 1, 2019 for a motion to rescind. Notification of intent to move to rescind was provided by a Councilmember at the June 17, 2019 meeting, during discussion of the proposed rezoning.

A move to rescind an approved motion is supported by Article 3, Section 2-11 of the Town Code, in accordance with Article IX, Section 35 of Robert's Rules of Order. Reasons for consideration of a motion to rescind include the continued concerns about pedestrian, vehicular, and congestion impacts and related potential safety issues, the narrowing of Wade Hampton Drive, encroachment upon Town right-of-way, and possible insufficient space for delivery vehicles, as well as concerns about zoning implications for replacing a commercial building with a predominately residential building.

Departmental Recommendation: Upon verification of the authority to rescind approval of the 374-380 Maple Avenue West rezoning application, follow the direction of the Mayor and Councilmembers.

Finance Recommendation: N/A

Purchasing Recommendation: N/A

Town Attorney Recommendation: As this is a recently added Agenda Item, the Town Attorney is researching the specific notice, publication and public hearing requirements are required under the Town and state code when a Motion to Rescind or Appeal a zoning decision is made. As statutory deadlines and requirements for notice and advertisement may apply, a suggested motion will be provided.

Town Manager's Recommendation: Council Members Majdi and Springsteen have provided me with a written reques...

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