City Council Work Session

Mr. AlexanderstaffNo, I appreciate that and appreciate the question. but I'm going to turn to an expert and ask Brooke to come up and address it. I think he probably has better knowledge than I do. I think under the special use permit, it would require us to adjust that with council action.

Brooke HardinstaffYes. Thank you, city manager. The current operation was enabled through a special use permit and special exceptions, and tied to those approvals are an operations plan, and they include hours of operation. at least Sundays are not included within the approved hours of operations, so that would need to be amended. So they would need to file an application to modify the special use permit, and that could certainly be processed by staff and brought forward to council for consideration.

Sure so they would need to file an application that accepted and reviewed by staff. It would have to be advertised and come to to public hearing with the council, notifications of adjacent property owners and signs posted at the location and so forth. It would likely be a more straightforward so to speak review given that there's not construction at this time. They're not proposing any physical changes just adjusting the hours and adjusting the hours. So we wouldn't anticipate that that would take a long duration or multiple rounds of staff review to complete. But typically for use related amendments or use related special use permits, we're in that three to six month time period. Staff would obviously work to try to

Paul Nabtestaffthat if we do not include this provision for additional height beyond the recommendation of the small area plans we could still accommodate it through two potential ways one is through special exceptions our current process for many of the developments that we receive in activity centers is that they use either commercial urban district or one of our commercial districts that allows residential development through a special use permit and then they request a series of special exceptions to things like height and density and other things because the special exception process is There are some general standards that they have to meet, but there are no specific standards such as these saying you have to provide a certain percentage of something to qualify.

Brooke Hardinstaffand when it's a rezoning rezonings legally in virginia those run with the land and so there is no time that expires on a rezoning it can be pursued under any amount of time by the current owner or by future owner things like special use permits those do have a time limit and if those aren't pursued actively if the property owner doesn't proceed with a building permit and with with construction those do expire and so that does happen from time to time the example of of Layton Hall apartments was a rezoning and so that that approval still stands today and there's not a tool necessarily for the locality to come back and revoke that previous entitlement. But special use permits, certificates of appropriateness for design, those all will expire.