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HomeMy WebLinkAboutSUB200700357 Action Letter 2008-07-30OF Aip r �l r I County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 July 30, 2008 Tara Rowan Boyd LeClairRyan 123 East Main Street, Eighth Floor Charlottesville, VA 22902 RE: SUB 2007 -00357 Woodridge Phase A _Band C Final Subdivision Plat Dear Ms. Boyd, Thank you for your letter dated July 18"', 2008 referencing the above named subdivision plat prepared by Mr. Tom Lincoln, dated October 24`x', 2007. It is the County's position that the application, SUB 2007 -357 Woodridge Phase A, B. and C Final Subdivision Plat was not officially submitted, therefore, preliminary subdivision plat approval expired. This position is based on the requirements of Albemarle County Code 14- 221(B) that provides in part: Prior to submitting a final plat, a subdivider shall satisfy all conditions of the approval of the preliminary plat and shall obtain all tentative approvals for the final plat from the departments and agencies represented on the site review committee. A final plat shall not be accepted by the agent if the subdivider has not satisfied all of the conditions or has not obtained all required tentative approvals. Section 14- 221(B) above places a burden on the subdivider in this case Southern Pines Investment, LLC, to satisfy all conditions of preliminary plat approval before submitting a final plat. This requirement was not satisfied because the applicant had not obtained tentative approval of all conditions of preliminary, subdivision plat approval. Put another way, Southern Pines Investment, LLC, is authorized to submit only a plat that has satisfied all conditions of preliminary plat approval as a final plat under Section 14- 221(B). Southern Pines Investment, LLC, did not satisfy the requirement in this case, therefore, the plat was not officially submitted as required by Albemarle County Code Chapter 14, Section 221(A). The preliminary plat was approved on October 24`', 2006. What was submitted on October 20, 2007 had no legal effect because the "final plat" failed to satisfy the mandatory prerequisite at issue. The County's action to send a denial letter was in error. No denial should have been sent as the application was not properly before the County and preliminary approval had expired. Section 14- 221(B) imposes a mandatory obligation on the subdivision agent to not accept a final plat (the final plat "shall not be accepted ") that fails to satisfy the conditions of preliminary plat approval. Note that section 14- 221(B) does not require that any notice be provided to the subdivider. Instead, Section 14- 221(B) merely establishes a legal standard for submitting a valid final plat. Southern Pines Investment, LLC, failed to satisfy the mandatory prerequisite for submitting a final plat; therefore, the agent was required by ordinance to not accept it. Since the plat was submitted on the date the preliminary plat was scheduled to expire, the subdivider had no time to correct the deficiency and submit a final plat that met the mandatory requirements of Section 14- 221(B). 14 -221 Submittal of final plat. Each final plat shall be submitted to the agent, and it shall be processed as follows: A. Except as provided by section 14 -230, a subdivider shall submit a final plat for approval within one (1) year of the date of approval of the preliminary plat. For purposes of this section, a final plat shall be deemed to be officially submitted on the date it is submitted and satisfies the requirements of paragraphs (B) and (C). B. Prior to submitting a final plat, a subdivider shall satisfy all conditions of the approval of the preliminary plat and shall obtain all tentative approvals for the final plat from the departments and agencies represented on the site review committee. A final plat shall not be accepted by the agent if the subdivider has not satisfied all of the conditions or has not obtained all required tentative approvals. For purposes of this section, a "tentative approval" is a formal communication from a reviewing department to the agent stating that all of the requirements of the reviewing department have been satisfied. C. A final plat omitting information required by section 14 -303 shall be deemed to be incomplete and shall not be accepted for official submittal by the agent. A determination shall be made by the agent within ten (10) days after the application deadline. The agent shall inform the subdivider in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plat. The notice of disapproval shall either be mailed to the subdivider by first class mail. or personally delivered to the subdivider. D. Within fifteen (15) days after the date the notice of rejection was mailed or delivered by the agent, the subdivider may resubmit the final plat together with payment of a fee for the reinstatement of review. The date of the next application deadline following the resubmittal of the final plat shall be deemed to be the date upon which the plat was officially submitted. In the event the subdivider fails to resubmit the final plat within the fifteen (15) day period, the final plat shall be deemed to be disapproved and a new application and fee shall be required for submittal of the final plat. E. A final plat deemed complete by the agent shall be transmitted to the site review committee F. If the commission is required to review a final plat as provided in section 14 -225, or if a preliminary plat was not first submitted and approved, the agent shall send notice that a final plat has been submitted pursuant to the procedures and requirements set forth in sections 14- 216(E), (F) and (G). In conclusion, only a timely submitted plat that meets the requirements of Section 14 -221 can prevent a preliminary plat from expiring. The preliminary subdivision plat expired at the end of the day on October 24, 2007, because the subdivider had not submitted a "final plat'. Sincerely, Gerald Gatobu Senior Planner Enclosures C.c.: Southern Pines Investment, LLC Mr. Thomas Lincoln.