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HomeMy WebLinkAboutZMA201100003 Correspondence 2012-11-06COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 November 6, 2012 Katurah Roell 2811 Hydraulic Road Charlottesville, VA 22901 Re: ZMA 2011- 00003, Willoughby Apartments Dear Katurah: You requested via e -mail on October 23, 2012 that the indefinite deferral of the application for ZMA2011 -00003 Willoughby Apartments be extended. Section 33.7 of the Albemarle County Zoning Ordinance says: "If the applicant requests that further processing or formal action on the petition be indefmitely deferred, the petition shall be deemed to have been voluntarily withdrawn by the petitioner if the commission or the board does not take action on the petition within twelve (12) months after the date the deferral was requested.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written request received by the director of planning and cormnunity development before the petition is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the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." You originally requested an indefinite deferral in an e -mail dated November 7, 2011, noting that you would re- submit an application plan on November 21, 2011. This plan was never subsequently submitted. You now indicate that your current request for an extension of the deferral beyond November 7, 2012 is based on complexities associated with this property being one parcel involving both the City and County, on -going discussion with the adjacent property owner of the 5th Street Station project with regards to access to their proposed extension of Bent Creek Road connecting 5th St. with Avon St., and need for an updated traffic study that will incorporate the impact of your development on the extended Bent Creek Rd. It is our understanding that you have a traffic professional who will soon begin performing the needed work. You also note that you encountered some delay as you waited for the 5th Street Station rezoning amendment to be completed. With that project now approved, you indicate you are ready to move forward with the subject rezoning request. As such, my extension of the indefinite deferral is based on the reasons you have provided, particularly to allow you additional time to complete the necessary traffic analysis. I can grant an extension of the deferral until May 31, Willoughby Apartments November 2, 2012 Page 2 2013. Please be advised that in order to have a public hearing advertised for the last scheduled May Board of Supervisors meeting, May 8, material to be reviewed by staff and considered at that public hearing must be re- submitted by March 4, 2013. This allows for staff's review comments to be provided to you on April 3, 2013 in advance of the legal ad for the public hearing being ordered. Should you instead decide to request that the Board of Supervisors grant a further extension of the indefinite deferral, that request should be made by March 4, 2013 so that staff can schedule the deferral with the Board in May. I trust this extension will enable you to complete the work necessary to bring ZMA2011 -00003 Willoughby Apartments to public hearing with the Board of Supervisors before May 31, 2013. Please coordinate with Claudette Grant, the planner coordinating review of this proposal, regarding the submittal of new information and scheduling this for a Board of Supervisors public hearing. Please do not hesitate to contact me should you have any questions. Sincerely, V. Wayne erg Director of Planning -Cc: Claudette Grant, Senior Planner