HomeMy WebLinkAboutZMA201800005 Correspondence 2018-10-09 OAF
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
October 9, 2018
John C.Wright, P.E.—Bohler Engineering VA, LLC
28 Blackwell Park Lane,Suite 201,Warrenton,VA 20186 -
jwright@bohlereng.com /(540)-349-4500
RE:ZMA201800005 Proposed Hotel—Written Notice for any Request for Deferral
Dear Mr.Wright—
Our records show that the above referenced application was accepted for review on July 5, 2018.Your
application is not currently scheduled for review by either the Planning Commission or the Board of
Supervisors.We understand that you are continuing to work on this request to achieve approval.
On September 5,2018 the Board of Supervisors approved a zoning text amendment(ZTA)to Chapter 18,
Section 33.52 of the Code of Albemarle to require that action (approval or denial) by the Board of
Supervisors take place within 36 months of the date of acceptance for review of a zoning map
amendment(ZMA) or special use permit(SP) application.
The recent ZTA requires submittal of a written request for deferral which specifies the date by which
action will be taken by the Board. Specifically, Chapter 18,Section 33.52 of the Albemarle County Code
requires applicants who wish to request a deferral of any application that was submitted less than 36
months before September 5, 2018 to "submit a written request to defer to the Director within 30 days
after the applicant receives written notice from the Director [of Planning] about the requirements of this'
subsection."This letter serves as that written notice.
Therefore, in accordance with the provisions of Chapter 18,Section 33.52(C)of the Albemarle County
Code, in order for the application ZMA201800005 to be deferred you must submit to the Director of
Planning a written request for deferral of that application, and the request must state the date by which
you request the Board will act on the application.This date may not exceed July 5, 2021.We are
recommending that if you do not know how long you need,you request the full amount of time
available to this project.
Please be advised that, because the Planning Commission has not yet acted on your SP request,you will
need to submit all outstanding information necessary for a Commission action a minimum of 120 days
prior to the date by which you request the Board will act on the application.
If you do not request a deferral in writing on or before November 9,2018,your project will be
considered withdrawn.
Thank you for your time and attention to this matter.
Sincerel ,
Andrew Gast-Bray
Director of Planning
DEPARTMENT OF COMMUNITY DEVELOPMENT
�OF
ACTION AFTER RECEIPT OF COMMENT LETTER
RESUBMITTAL
In accordance with the attached letter dated October 9, 2018, you must submit a deferral within 30
days (or on or before November 9, 2018). In addition to requesting a deferral in accordance with
Zoning Ordinance Section 33.52(C), please do one of the following:
(1) Request a Planning Commission public hearing date be scheduled
(2) Resubmit in Response to Review Comments
(3) Withdraw your application
(1) Request a Planning Commission public hearing date be scheduled
You may request that your application to be scheduled for public hearing with the Planning
Commission.
(2) Resubmittal in Response to Review Comments
Make sure that the resubmittal is on or before a resubmittal date as published in the project review
schedule. The full resubmittal schedule may be found at www.albemarle.org in the "forms" section at
the Community Development page. Be sure to include the resubmittal form on the last page of your
comment letter with your submittal.
The application fee which you paid covers staff review of the initial submittal and one resubmittal.
Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.)
(3) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
* * * * *
Failure to Respond
An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant
to subsection 33.52(A) and fails to provide within 90 days before the end of the deferral period all of
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the information required to allow the Board to act on the application, or fails to request a deferral as
provided in subsection 33.52(B) or (C).
Fee Payment
Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make
checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator.
Fees may also be paid by credit card using the secure online payment system, accessed at
http://www.albemarle.org/department.asp?department=cdd&relpage=21685.
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