HomeMy WebLinkAboutZMA201800005 Deferral Request 2018-11-08Tim Padalino
From: Long, Valerie <vlong@williamsmullen.com>
Sent: Thursday, November 08, 2018 4:29 PM
To: Tim Padalino; Megan Nedostup
Cc: Bill Fritz; David Benish; michael sweeney; John Wright; Andrew Gast -Bray
Subject: RE: voicemail / Pantops Hotel ZMA201800005
Thank you Tim, I appreciate your follow up emails, and the time that you, Megan, Bill, and Andrew have spent
discussing this issue with me over the past few days. It is truly unfortunate that a ZTA that was purported to
only apply to dormant/inactive applications was written and adopted in such a way that requires active
projects like the Pantops Hotel to request a deferral just so it can actually keep moving. And that it is causing
all of us so much wasted time and frustration. I know it was all unintentional, and I reiterate my offer to join
you to craft simple language that can undo the mess, and still give you guys the tools you need to deem a
dormant application withdrawn after some reasonable amount of time. And I hope you will find a way, as it
sounds like Bill may have found, to interpret the existing ordinance in the meantime to not require an active
application like this one to request a deferral.
As such, based on your email assurances, and my conversations with each of you, on behalf of our client PT
Hotel, LLC, the applicant of ZMA 2018-00005, we request a limited deferral solely to eliminate the 90-day
timeline for PC hearing and recommendation, as required by Code, and conditioned upon your written
assurances that such a deferral will not stop, delay, or otherwise impact the overall application review
process.
In fact, we are hopeful to soon start talking with you about a Planning Commission date.
Thank you again,
Valerie
Valerie Long
Williams Mullen
434-951-5709
From: Tim Padalino <tpadalino@albemarle.org>
Sent: Thursday, November 8, 2018 11:29 AM
To: Megan Nedostup <mnedostup@albemarle.org>; Long, Valerie <vlong@williamsmullen.com>
Cc: Bill Fritz <BFRITZ@albemarle.org>; David Benish <DBENISH@albemarle.org>
Subject: RE: voicemail / Pantops Hotel ZMA201800005
Hello Valerie, You're welcome, and thank you for your follow-up message (and thank you, too, for your assistance,
Megan).
In catching up on this correspondence (below) and in speaking with Megan, it sounds like a formal request for deferral
pursuant to 33.52 is forthcoming, presumably to be submitted on or before tomorrow (11/9) — is that correct?
If so, I guess that should be addressed to Andrew (per the Code language) — although as the lead reviewer I need to
be copied on that message (so I can quickly process it and make sure the file and County View reflect the deferral
status).
Please let me know if I'm not correct with regards to where things stand, or if anything has changed, or if you would
otherwise like to discuss this situation further — I'm happy to do so.
And I will also reiterate Megan's clarification that such a deferral request will not stop, delay, or otherwise impact the
overall application review process — other than to essentially eliminate the 90-day timeline for PC hearing and
recommendation, as required by Code. In other words, it gives both the applicant and the County the time needed to
revise and resubmit applications, and for the County to review the resubmittal materials, in ways that ultimately
improve the project.
Thanks again ---
Tim Padalino, AICP
Albemarle County I Community Development Dept.
(434)-296-5832 x. 3088
From: Megan Nedostup
Sent: Wednesday, November 07, 2018 4:02 PM
To: Valerie Long <vlong@williamsmullen.com>; Tim Padalino <tpadalino@albemarle.org>
Cc: Bill Fritz <BFRITZ@albemarle.org>; David Benish <DBENISH@albemarle.org>
Subject: RE: voicemail / Pantops Hotel ZMA201800005
Valerie,
As we discussed, a deferral is required under 33.52 (C), however this is merely a formality and was meant to
address applications that have sat for years with no response. We will continue to review your application,
including resubmittals, and will work with you towards getting this to a Planning Commission date. This will not
delay the scheduling of the Planning Commission, only a deferral that action by the Board be set to up to three
years from the date of submittal.
Let me know if you have any other questions.
Thank you,
Megan Nedostup, A/CP
(pronounced nuh-DAHST-up)
Principal Planner
Community Development Department
Planning Services
ph: 434.296.5832 ext. 3004
From: Long, Valerie <vlong@williamsmullen.com>
Sent: Wednesday, November 07, 2018 2:57 PM
To: Tim Padalino <tpadalino@albemarle.org>; Megan Nedostup <mnedostup@albemarle.org>
Subject: RE: voicemail / Pantops Hotel ZMA201800005
Thank you, Tim, I appreciate your help with this, and will look forward to your help. We are happy to agree to
extend the time period for PC review beyond the 90 days, but not comfortable with a deferral request that has