HomeMy WebLinkAboutZMA201600014 Action Letter 2017-06-29COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 29, 2017
Alan Taylor
Riverbend Development
RE: ZMA2016-00014 — Granger
Mr. Taylor:
We have received your email dated June 16, 2017, in which you requested that the indefinite
deferral of the application for ZMA2016-00014 — Granger be extended per Section 33.4 (r) (2) of
the Albemarle County Zoning Ordinance which states:
"When application deemed withdrawn. 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voluntarily withdrawn if the applicant requested that further processing or formal action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 deferral 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 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."
The ZMA application submitted on June 21, 2016 was originally indefinitely deferred on July 7.
2016, at your request. You have indicated that your current request for an extension of the
deferral beyond July 7, 2017 is based on negotiations for access through an adjoining property.
You have said that the owner of that property resides outside of the Charlottesville area which
creates communication difficulties. Based on the circumstances you describe relating to
negotiations with the adjacent owner, I can grant an extension of the deferral until July 7, 2018.
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Activation of your original request, which has not been reviewed due to the deferral request, will
need to be requested in mid -April 2018 in order to make a Planning Commission public hearing
before July 7, 2018. If you believe changes to the original request will be required as a result of
negotiations, then submittal of a new plan and proffers, if applicable, should be provided no later
than the first submittal Monday in April 2018.
Should you desire a further extension of the deferral beyond July 7, 2018, a written request with
justification must be made by that date to the Clerk of the Board of Supervisors. The Board can
only grant one additional extension of the deferral period.
I trust this extension will enable you to complete the work necessary to bring ZMA2016-00014
Granger to public hearing with the Planning Commission before July 7, 2018. Please coordinate
with Megan Yaniglos, the planner coordinating review of this proposal, regarding the submittal
of new information and scheduling this for a Planning Commission public hearing. Please do not
hesitate to contact me should you have any questions.
Sincer iy,
Andrew Gast -Bray
Director of Planning
Cc: Ashley Davies, Williams Mullen
Megan Yaniglos, Principal Planner
Elaine Echols, Chief of Planning
Amelia McCulley, Zoning Administrator
Claudette Borgersen, Clerk of the Board of Supervisors
Megan Yaniglos
From: Alan Taylor <alan@rive rbenddev.com>
Sent: Wednesday, July 06, 2016 9:03 AM
To: Megan Yaniglos
Cc: Valerie Long; Scott Collins
Subject: RE: Granger Rezoning
Yes, we would like to defer.
< mobile >
-------- Original message --------
From: Megan Yaniglos <myaniglos @ albemarle.org>
Date: 7/6/16 9:00 AM (GMT -05:00)
To: Alan Taylor <alan@riverbenddev.com>
Cc: Valerie Long <vlong@williamsmullen.com>, Scott Collins <scott@collins-engineering.com>
Subject: RE: Granger Rezoning
take this as a request to defer? Just to be clear.
From: Alan Taylor [mailto:alan@riverbenddev.com]
Sent: Wednesday, July 06, 2016 8:58 AM
To: Megan Yaniglos <myaniglos@albemarle.org>
Cc: Valerie Long <vlong@williamsmullen.com>; Scott Collins <scott@collins-engineering.com>
Subject: Re: Granger Rezoning
Cool... Val, put it on the calendar. Thanks, Megan. -alan
Sent from my iPad
On Jul 6, 2016, at 8:57 AM, Megan Yaniglos <myaniglos@albemarle.org> wrote:
You can. The Board must take an action within a year or the application will be withdrawn,
unless an extension is granted.
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Megan Yaniglos, AICP
Principal Planner
Community Development Department
Planning Services
ph: 434.296.5832 ext. 3004
From: Alan Taylor [mailto:alan@riverbenddev.com]
Sent: Wednesday, July 06, 2016 8:46 AM
To: Megan Yaniglos <mvaniglos@albemarle.org>; Valerie Long <vlong@williamsmullen.com>; Scott
Collins <scott@collins-engineering.com>
Subject: RE: Granger Rezoning
Can we just do an indefinite deferral right now?
< mobile >
-------- Original message --------
From: Megan Yaniglos <myaniglos@albemarle.org>
Date: 7/6/16 8:42 AM (GMT -05:00)
To: Valerie Long <vlong@williamsmullen.com>, Alan Taylor <alan@riverbenddev.com>, Scott
Collins <scott@collins-en ing eering com>
Subject: Granger Rezoning
Hi Valerie,
In the pre -app meeting for the Granger it was discussed that you all would more than likely defer
once the application was accepted as to avoid having to hold a community meeting. Please let
me know if you would like to defer, so that I can let the reviewers know that they do not need
to review this one at this time and so that the community meeting doesn't need to occur any
time soon.
Thank you,
Megan Yanlglos, AICP
Principal Planner
Community Development Department
Planning Services
ph: 434.296.5832 ext. 3004