HomeMy WebLinkAboutSUB200900045 Legacy Document 2009-04-16�� OF ALg�
County of Albemarle
Department of Community Development
Memorandum
To:
Greg Kamptner
From:
Bill Fritz
Division:
Zoning and Current Development
Date:
April 10, 2009
Subject: SUB 2007 -396 Clifton Lake, Phase 1 Subdivision (Preliminary)
Current Development staff is seeking your input on this project. Specifically we are attempting to
determine the period of validity for the preliminary approval.
Facts of the case:
- This project is located within the Clifton Lakes Subdivision which was rezoned in 1978 to RPN,
Rural Planned Neighborhood (ZMA 77 -24) which was later revised during the comprehensive
rezoning of the County in 1980 to its current designation, PRD, Planned Residential Development.
- A subdivision plat for Phase 1 was approved by the Planning Commission on April 8'h , 2008.
This project is subject to the Subdivision Ordinance in effect on December 10, 1980 which is the
date that the PRD zoning for this property was established. That ordinance requires that the
applicant submit not more than six months after approval of the preliminary plat a final
subdivision plat. Failure to do so shall render preliminary approval null and void. (Section 7 -7 of
the Land Subdivision and Development Ordinance of Albemarle County, Virginia in effect on
12/10/80) An extension of the six month submittal period can be granted by the agent (Section 7 -7
of the Land Subdivision and Development Ordinance of Albemarle County, Virginia in effect on
12/10/80). On October 20, 2008 an extension was granted. This extension was approved with
following conditions:
1. The preliminary approval shall expire on April 8, 2009.
2. The final plat shall be submitted no latter than March 17, 2009 (This is 21 days prior to the
last Planning Commission before expiration of the Preliminary Approval. Reference 1974
Albemarle County Subdivision Ordinance, Section 8 -1.)
3. For the final plat to be considered officially submitted all conditions of the preliminary
approval must be satisfied.
- As required by Section 7 -8 of the Land Subdivision and Development Ordinance of Albemarle
County, Virginia in effect on 12/10/80 the applicant submitted road plans within 60 days of the
approval of the preliminary plat
The applicant submitted 1 (one) copy of the plat along with a fee on March 17, 2009. Section 8 -1
of the Land Subdivision and Development Ordinance of Albemarle County, Virginia in effect on
12/10/80 requires 10 copies to be submitted. Additional copies of the plan were received April 9,
2009.
Opinions:
It is my opinion that on January 1, 2009 the preliminary approval of this project was valid and
outstanding. In accord with changes to the Code of Virginia that will take effect on July 1, 2009 this
project will remain valid until July 1, 2014. The new language will be Section 15.2- 2209.1 which was
House Bill No. 2077. I believe that Section 8 -1 of the Land Subdivision and Development Ordinance of
Albemarle County, Virginia in effect on 12/10/80 requires the applicant to submit copies 21 days prior to
the Planning Commission meeting where this project will be considered. I believe that this language
means that we cannot schedule the application for Planning Commission review less than 21 days after
submittal. I also believe that Section 8 -2 of the Land Subdivision and Development Ordinance of
Albemarle County, Virginia in effect on 12/10/80 states that the commission must take action within 45
days of submittal unless the applicant agrees to a deferral. I believe that Section 2 -4 of the Land
Subdivision and Development Ordinance of Albemarle County, Virginia in effect on 12/10/80 allows for
administrative procedures to be established. This will allow us to consider the official date of submission
to be April 14, 2009 because we consider Mondays to be submittal dates and since Monday April 1P is a
holiday and our adopted policy is to consider the day following a holiday to be a submittal date.
In summary my opinion is:
- Approval of SUB 2007 -396 Clifton Lake, Phase 1 Subdivision (Preliminary) will expire on July 1,
2014.
- We must act on the current application no earlier than May 5, 2009 and no later than May 29,
2009 unless the applicant request deferral of review.
I look forward to your comments.