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File #: 19-1378    Version: 1 Name:
Type: Action Item Status: Passed
File created: 7/30/2019 In control: Town Council Meeting
On agenda: 8/19/2019 Final action: 8/19/2019
Title: Request to consider amended proffers for 380 Maple MAC project
Attachments: 1. 380 Maple Avenue West Proffers Post Hearing for 8-19-19 TC Meeting, 2. 380 Maple Ave W - Revised Concept Plan and Landscape Plan, 3. Revision Narrative 08-08-19
Request to consider amended proffers for 380 Maple MAC project

Town Council voted to approve the mixed-use 380 Maple rezoning application on June 17, 2019. The application included a number of proffers accepted by Town Council. The applicant wishes to amend the proffers, as permitted by Virginia Code Section 15.2-2302. The amended proffers do not affect conditions of use or density and therefore the governing body has the right to waive the requirement for a public hearing for amended proffers.

The amended proffers result in the widening of Wade Hampton Drive SW from 32 to 36 feet. This widening results in the loss of a landscaping strip between the curb and sidewalk area as well as the loss of two channelizing islands; it also allows for the addition of at least two on-street parking spaces. The widening also requires a minor reduction in square footage of retail area, from 7,500 square feet of ground floor retail space to 7,263 square feet of retail space.

Staff notes that the zoning ordinance, specifically section 18-95.12.C, states that street trees shall be required between the curb and sidewalk on all adjacent public streets of a project. However, per section 18-95.12.D, Town Council may approve an alternative landscaping plan if it meets the purpose and intent of landscaping standards in section 18-95.12. If Town Council accepts the amended proffers, it also will be accepting an alternative landscaping plan.

? 15.2-2302. Same; amendments and variations of conditions.

A. Subject to any applicable public notice or hearing requirement of subsection B but notwithstanding any other provision of law, any landowner subject to conditions proffered pursuant to ? 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 may apply to the governing body for amendments to or variations of such proffered conditions provided only that written notice of such application be provided in the manner prescribed by subsection B of ?...

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