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HomeMy WebLinkAboutZMA200600008 Correspondence 2009-06-16° ®dry �'IRGINZP� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 June 15, 2009 Frank Stoner Stonehaus 2124 Ivy Road Charlottesville, VA 22902 Dear Frank I am in receipt of your letter dated June 2, 2009 requesting that the application for ZMA200600008 Berkmar Business Park be extended 6 months to allow you time to resolve proffer issues with one of the property owners. Section 33.7 of the Albemarle County Zoning Ordinance says: "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or formal action on the petition be indefinitely deferred, the petition shall be deemed to have been voluntarily withdrawn by the petitioner if the commission or the board does not take action on the petition within twelve (12) months after the date the deferral was requested. Upon written request received by the director of planning and community development before the petition is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the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." The Albemarle County Board of Supervisors, at your request, acted to indefinitely defer this application on July 2, 2008. Therefore, without an extension, it would be deemed to be voluntarily withdrawn if the Board does not take action by July 2, 2009. I have considered the details of the proposed project that were reviewed by the Board and the resulting matters the Board requested be addressed in your proposal. I have also considered the fact that the terms of office for three members of the Board that held that public hearing and granted the deferral will end on December 31, 2009. Based on these considerations, I can grant an extension to no later than December 31, 2009. That means that this ZMA will need to be scheduled again with the Board no later than one of their December 2009 meetings or it will be deemed to be voluntarily withdrawn. In order for the project to be heard on one of the December Board dates, final signed proffers need to be submitted no later than Monday, November 2, 2009. I trust this can address your needs and enable you to best respond to matters raised by the Board when it granted the indefinite deferral. Please coordinate with Elaine Echols, the planner coordinating review of this proposal, on the submittal of new information and scheduling this proposal for Board public hearing. Please do not hesitate contact me should you have any questions. Sincerely, U. V. Wayne limberg - - - - -- Director of Planning -- - -- — — — - - -- - -- - - - -- - - - - -- - - - -- - - - -- - - - -- - -- - Cc: Elaine Echols Ella Jordan