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HomeMy WebLinkAboutSDP201300020 Action Letter 2013-04-011 Megan Yaniglos From:Russ Orrison [rorrison@perkins-orrison.com] Sent:Friday, March 21, 2014 11:59 AM To:Megan Yaniglos Cc:'Dave Brockman' Subject:RE: SDP2013-020 Edenbrook Park Megan, The sellers never provided the information we needed, insisted on certain building materials that we could not afford to provide, and never extended sanitary sewer to this site or even got sewer plans approved that got sewer to this site. So, without sewer, and without an affordable project, we are unable to proceed. I believe strongly that the sellers had second thoughts about having an affordable housing project in their upscale development, and gave us the slow roll such that we would never have been able to proceed. In response, my client has refused to pay us, as the plans were never approved. So far, they have paid a total of $0.00. The Old Trail guys that caused all of this, in my opinion, are not honorable people. Russ Russell H. Orrison, PE, LS 540-464-9001 rorrison@perkins-orrison.com From: Megan Yaniglos [mailto:myaniglos@albemarle.org] Sent: Friday, March 21, 2014 10:14 AM To: RORRISON@PERKINS-ORRISON.COM Cc: Dave Brockman Subject: SDP2013-020 Edenbrook Park Russ: From what I can tell from my records it has been 6 months since we have heard anything about Edenbrook Park. Per our ordinance, see below, this application has been technically deemed withdrawn. However, if you have been working towards approval or have submitted things to other agencies, please give me that information. Otherwise, if you don’t submit anything within the next two weeks, we will be deeming this application withdrawn. Let me know if you have questions. 32.4.3.5 DEFERRAL OF REVIEW; WHEN APPLICATION DEEMED WITHDRAWN The review of, and action on, a final site plan may be deferred, and an application for a final site plan may be deemed withdrawn, as follows: a. Request to defer by developer. A developer may request that review or action on its application for a final site plan be deferred for a specified period up to six (6) months. If during the deferral period the developer does not request the agent to take action on the final site plan as provided in section 32.4.3.6 within six (6) months after the date the deferral was requested, the application shall be deemed to have been voluntarily withdrawn. b. Failure to submit revised plan. If a developer fails to submit a revised final site plan to address all of the requirements within six (6) months after the date of the letter from the agent as provided in section 32.4.3.4, the application shall be deemed to have been voluntarily withdrawn by the developer. 2 c. Extension of deferral period or period to submit revised plan. Before the deferral period in subsection (a) expires, the developer may request that the agent extend the period before the application is deemed to have been voluntarily withdrawn. The request must be received by the agent before the deferral period expires. The agent may grant one extension for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the extension request is made Megan Yaniglos, APAMegan Yaniglos, APAMegan Yaniglos, APAMegan Yaniglos, APA Senior Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004