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HomeMy WebLinkAboutZMA201000013 Correspondence Zoning Map Amendment 2012-10-02Arid 19i ;1 . MR�� 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 2, 2012 Ms. Nena Harrell P.O. Box 5548 Charlottesville, VA 22905 RE: ZNIA2010- 00013/Hollymead Town Center A -2 Dear Nena: In response to your written request of March 7, 2012, a letter granting a deferral extension for the above noted project until December 31, 2012 was sent to you on March 27, 2012. As previously described in my March 27th letter, in order to have a public hearing advertised for the last scheduled December Board of Supervisors meeting, December 12th, material to be reviewed by staff and considered at that public hearing must be re- submitted by October 15, 2012. If you are not ready to resubmit you can request that the Board of Supervisors grant a further extension of the indefinite deferral. That request should be made with justification by October 15, 2012, so that staff can schedule the deferral for the Board's consideration and action. If this ZMA is not acted on by the Board of Supervisors before the end of the extension period, per Zoning Ordinance Section 33.7(b), the ZMA will be deemed withdrawn as follows: 33.7 WITHDRAWAL OF PETITIONS b. If the applicant requests that further processing or formal action on the petition be indefinitely deferred, the petition shall be deemed to have been voluntarily withdrawn by the petitioner if the commission or the board does not take action on the petition within twelve (12) months after the date the deferral was requested. Upon written request received by the director of planning and community development before the petition is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the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. Page 2 October 2, 2012 Please contact Claudette Grant, the plamler now coordinating review of this proposal regarding further processing of this ZMA. Please do not hesitate to contact me should. you have any questions. Sincerely, V. Wayne Cilimberg Director of Planning Cc: Claudette Grant, Senior Planner Amelia McCulley, Zoning Administrator U �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 March 27, 2012 Ms. Nena Harrell P. O. Box 5548 Charlottesville, VA 22905 Dear Nena: You requested via e -mail on March 7, 2012 that the indefinite deferral of the application for ZMA2010- 00013 Hollymead Town Center A -2 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 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." Mr. Wood originally requested an indefinite deferral in a letter dated April 15, 2011, which followed the Albemarle Planning Commission's action on this application on February 8, 2011, noting your need to comprehensively review the approved proffers. You have indicated that your current request for an extension of the deferral beyond April 15, 2012 is based on your on -going evaluation of the currently approved application plan and proffers to determine what amendments you want to pursue. As you recall, the application for ZNIA2010 -00013 specifically requested that current Proffer 11, Phasing Plan be amended and that the size of the Pocket Park be reduced. The Planning Commission recommended approval of the ZMA with changes expected to the phasing plan as recommended by staff, the addition of another pocket park to replace the acreage lost in the reduced size pocket park and amendment to the proffer for road improvements as recommended by staff. As such, my extension of the indefinite deferral is based on the particulars of the ZNIA2010 -00013 application and the Planning Commission's action on this ZMA in combination with the issues regarding that action that you would be attempting to address. To allow additional time for you to determine how you will address the Planning Commission's recommendations in light of the nature of the currently approved Hollymead Town Center A -2 and current market conditions, I can grant an extension of the deferral until December 31, 2012. Please be advised that in order to have a public hearing advertised for the last scheduled December Board of Supervisors meeting, December 12'11, material to be reviewed by staff and considered at that public . hearing must be re- submitted by October 15, 2012. This allows for staff's review comments to be Hollymead Town Center A -2 Page 2 March 27, 2012 provided to you on November 14, 2012 in advance of the legal ad for the public hearing being or Alternatively, should you decide to request that the Board of Supervisors grant a further extension of the indefinite deferral, that request should be made by October 15, 2012 so that staff can schedule the deferral with the Board before December 31, 2012. I trust this extension will enable you to complete the work necessary to bring ZMA2010 -00013 Hollymead Town Center A -2 to public hearing with the Board of Supervisors before December 31, 2012. . Please coordinate with Megan Yaniglos, the planner now 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 contact me should you have any questions. Sincerely, V. Wayne i�g Director of Planning Cc: Megan Yaniglos, Sem Planner Amelia McCulley, Zoning Administrator