File #: 19-1515    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 11/20/2019 In control: Town Council Meeting
On agenda: 12/9/2019 Final action:
Title: Request to set a public hearing for January 27, 2020 regarding proposed amendments to proffered conditions for 374 to 380 Maple Avenue W and to refer this matter to the Planning Commission for a recommendation.
Attachments: 1. Regulatory Requirements for Agenda Items - Public Hearing to Accept Amended Proffers for 380 Maple W, 2. State Code Sections 15.2-2302 and 15.2-2204

Subject:

Title

Request to set a public hearing for January 27, 2020 regarding proposed amendments to proffered conditions for 374 to 380 Maple Avenue W and to refer this matter to the Planning Commission for a recommendation.

Body

EXPLANATION AND SUMMARY

On June 17, 2019, Town Council voted to approve the rezoning application for a mixed-use building with ground floor retail and multifamily residential condominium units at 374-380 Maple Avenue W.

 

On August 19, 2019, Town Council voted to accept amendments to proffered conditions for 374-380 Maple Avenue W. Those amendments did not affect conditions of use or density, and therefore the governing body had the right to waive the requirement for a public hearing for amended proffers per § 15.2-2302.

 

The applicant is now requesting to amend the proffered conditions again to include a change of use and revised architecture for an assisted living facility in place of the approved mixed-use building with multifamily residential units.

 

Departmental Recommendation:  Recommend setting a public hearing for January 27, 2020 regarding proposed amendments to proffered conditions for 374 to 380 Maple Avenue W and referring this item to the Planning Commission for recommendation and public input.

 

Finance Recommendation

 

Purchasing Recommendation

 

Town Attorney Recommendation:  Town Council must conduct a public hearing on a request to modify accepted zoning proffers in which the modification includes a change in use, and Council should refer this matter to the Planning Commission for its recommendation and public input.

 

Town Manager's Recommendation:  I recommend the Town Council refer the proposed amendments to proffered conditions for 374-380 Maple Avenue W to the Planning Commission for recommendation and public input, as presented.

 

Cost and Financing:  N/A

Account Number:  N/A

Decision Needed by This date:  N/A/

 

PROPOSED/SUGGESTED MOTION

Recommended Action

“Pursuant to Virginia Code § 15.2-2302(B) and 15.2-2204, I move to refer the proposed amendments to proffered conditions for 374-380 Maple Avenue W to the Planning Commission for recommendation and public input. I further move to set a public hearing on this matter for January 27, 2020 and direct the Town Clerk to advertise a Notice of Public Hearing.”

 

Or

Other action deemed necessary by Council.