HomeMy WebLinkAboutZMA201000007 Action Letter Zoning Map Amendment 2012-10-15ALBS
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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 15, 2012
Valerie Long
Williams Mullen
321 East Main Street
Suite 400
Charlottesville, VA 22902 -3200
Dear Valerie:
As you may recall, ZMA2010- 00007/North Pointe was indefinitely deferred at your request on
April 5, 2011 before coming to the Planning Commission for action. No action has since been
taken by the Planning Commission regarding this ZMA.
Section 33.7 of the Albemarle County Zoning Ordinance states the following as regards
indefinite deferrals and withdrawal of petitions:
33.7 WITHDRAWAL OF PETITIONS
A petition shall be withdrawn, or be deemed to be withdrawn, as provided herein:
b. If the applicant requests that further processing or formal action on the petition be indefinitely
deferred, the petition shall be deemed to have been voluntarily withdrawn by the petitioner if
the commission or the board does not take action on the petition within twelve-(12) months
after the date the deferral was requested. Upon written request received by the director of
planning and community development before the petition is deemed to be withdrawn, the
director may grant one extension of the deferral period for a period determined to be
reasonable, taking into consideration the size or nature of the proposed use, the complexity of
the review, and the laws in effect at the time the request for extension is made.
As the Planning Commission has not taken action and it has been almost 18 months since the
indefinite deferral, per the above noted Zoning Ordinance provisions ZMA2010 -00007 is
deemed withdrawn. You are welcome to file a new application with associated fees on any future
application date should you wish to have the property covered by ZMA2010 -00007 further
considered for rezoning.
Page 2
October 15, 2012
If you are aggrieved by this determination, you have a right to appeal it within thirty (3 0) days
of this notice, in accordance with Virginia Code § 15.2 -2311. If you do not file a timely
appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a
fee of $240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org/cdVgs. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.or /cg o=codebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug -in is
available at the bottom of www.albemarle.org/cdMps.)
Lastly, there remains a proffer violation, as the County has requested the school site, and
received no response from the applicant. Also timing of proffers specific to the school site need
to be addressed and revised. We encourage you to resolve these outstanding issues as soon as
possible, particularly since the proffer relating to the school site is an issue involving a violation.
Please let us know how we can assist and if you have any questions.
Sincerely, _
V. Wayne ilimberg Amelia McCulley
Director of Planning Director of Zoning
Cc: Claudette Grant