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File #: 19-1354    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 7/5/2019 In control: Town Council Meeting
On agenda: 7/15/2019 Final action:
Title: Consideration of a motion to rescind and repeal action taken by Town Council on June 17, 2019, regarding a rezoning application for 374-380 Maple Avenue W.
Attachments: 1. Town Code - Sec. 2-55. - Compliance with Charter, 2. Town Code - Sec. 9.1.1 - Final passage of ordinances, 3. Town Code - Sec. 18-7. - Zoning map., 4. Code of Virginia - 15.2-2204, 5. Code of Virginia - 15.2-2285, 6. Code of Virginia - Article 24 - Rezoning and Amendments, 7. Robert's Rules - Ch 7 - How Can a Group Change Its Mind, 8. Robert's Rules - Section 35 - Rescind_Amend Something Previously Adopted, 9. Notification to Fairfax County, 10. 380 Maple Ave West - Existing Conditions and Concept Plan - Final - 6-17-19, 11. 380 Maple Ave West - Architectural Drawings - Final - 6-17-19, 12. 380 Maple Ave West - Final Signed Proffers - 6-18-2019, 13. 380 Maple Ave West - Traffic Impact Study - Final, 14. 380 Maple Ave West - Traffic Impact Study Appendix - Final, 15. 380 Maple Ave West - Rezoning Affidavit - 3-27-19, 16. 380 Maple Ave West - Town Council Staff Report - 6-3-2019, 17. 380 Maple Ave West - Planning Commission Memo - 4-12-19, 18. 380 Maple Ave West - Board of Architectural Review Recommendation - 3-27-19, 19. 380 Maple Ave West - MAC Incentives Checklist - 3-27-19, 20. 380 Maple Ave West - Modification Request - Awning - 3-27-19, 21. 380 Maple Ave West - Signed Proffer Statement - 6-17-19, 22. 6-10-19 Emails from residents, 23. 6-10-19 emails from residents #2, 24. Letters to adjoining property owners - 370-380 Maple Ave W- Rescind and Repeal, 25. Copy of legal ad for Joint Public Hearing and Intent to Adopt 7-15-19, 26. Copy of Protest Petition 380 Maple Ave - 7-1-19, 27. Copy of Protest Petition - 380 Maple Ave-2, 28. Copy of Protest Petition - 380 Maple Ave-3, 29. Draft minutes -380 Maple Avenue Public Hearing 6-3-19, 30. March 27 2019 PC DRAFT Minutes, 31. Email to County Executive-Planning Department 5-22-19
Subject:
Title
Consideration of a motion to rescind and repeal action taken by Town Council on June 17, 2019, regarding a rezoning application for 374-380 Maple Avenue W.
Body
EXPLANATION AND SUMMARY:

At the July 1, 2019 regular Town Council meeting, a motion was approved to set a joint public hearing of Town Council and the Planning Commission regarding a motion to rescind and repeal approval of the MAC rezoning application for 374-380 Maple Avenue W (agenda item 19-1317), which was approved at the June 17, 2019 regular Town Council meeting. 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 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.

The property owner for 374-380 Maple has submitted protest petitions pursuant to Town Code Section 18-248, protesting the proposed motion to rescind and repeal. Accordingly, a two-thirds vote of the Town Council quorum present shall be required for a motion to pass.

Departmental Recommendation: Upon verification of the authority to rescind approval of the 374-380 Maple Avenue W rezoning application, follow the direction of Town Council.

Finance Recommendation: N/A

Purchasing Recommendation: N/A

Town Attorney Recommendation: After conducting a joint public hearing with the Planning Commission, Town Council may consider recommendations of the Planning Commission and input from public comment...

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