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HomeMy WebLinkAboutSP200800050 Legacy Document 2013-12-20COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 December 20, 2013 IWE LLC 905 Resort Drive Massanutten, VA 22840 RE: SP200800050: Gateway Bank Drive -Thru To Whom it May Concern: This letter is to request your assistance in helping the Community Development Division of Albemarle County bring closure to projects which have been lying dormant for some time. On September 15, 2008, Mr. Justin Mallory with Stonehaus Development made an application for a special use permit to allow a drive -thru facility in association with a proposed bank on Seminole Trail in Albemarle County. The property, which is now owned by IWE LLC is shown on the map below and is described as Tax Map Parcel 045001310500900. You are receiving this letter because you are the current owner of the property. It appears that there was an issue relatedV , to land in VDOT right -of -way which the µ 4554-06- applicant wanted to use for parking and the drive -thru function. This issue was sza f 96pg `` ia� z3zs�3 2315 never resolved by the applicant. The las t 4a9 Q5 f1C a2zss" date of any activity was in February of x�r+ G - z 9581- �5 -tiG,t 2009. Because it has been so long since' r Sea asp n ©c 51 R6 G 42.275 any activity has occurred, is important that �Q y{ '5a9 we either officially close this file or have a ss 35 as request for deferral in writing. gxs °5= 45a s q 8€ , 45EK.9.A5 �iA,40 356$ 4581 K S. �Y 1ID 03 Section 33.4 r.2. of the Albemarle Count Y " 45,r8�,1 iMS tlA�i.i ' ri31 -{}5 iiAv€32t' A10 Ef! Zoning Ordinance says:, An application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (1) year after the date the deferral was requested. Upon written request received by the director of planning before the one (1) year period expires, 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. Upon written request received by the clerk of the board of supervisors before the extension of the deferral period granted by the, director expires, the board of supervisors may grant one additional extension of the deferralperiod 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. The timely receipt by the clerk of the extension request shall toll the expiration of the extended deferral period until the board acts on the request. Your options are provided below: 1) Withdraw the Request If you wish to withdraw the request, you may provide this request in writing through regular mail or email. If we have not heard from you within 30 days of the date of this letter, then, we will consider the application for the special use permit withdrawn. or 2) Request an Indefinite Deferral Indefinite deferral means that you intend to resubmit /request a public hearing beset with the Planning Commission during the next 12 months. Any resubmittal should be provided according to the County's resubmittal schedule which can be found here: . http: / /www.albemarle.org /upload /images /forms center /departments /Community Developm ent /forms /schedules /Special Use Permit & Zoning Map Amendment Schedule.pdf The last date to resubmit your plan is October 20, 2014 for a December 16, 2014 public hearing. If you wish to request an indefinite deferral, please provide a written request and state your justification for requesting the deferral. or 3) Request a deferral to a specific Planning Commission public hearing date that will occur within a year of your receipt of this letter. The Planning Commission's public hearing schedule can be. found at the on -line location referenced in 2) above. Resubmittal information should be provided according to that schedule. In the case of 2) or 3), it is strongly recommended that you contact our office to set up a preapplication meeting to discuss the items needed for a resubmittal. Please feel free to contact me by phone at 296 -5823 x 3252 if you have any questions. Written correspondence can be done through email at eechols @albemarle.om or by regular mail. Thank you for your time and attention to this matter. Sincerely, Elaine K. Echols, AICP Principal Planner