PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

Planning Commission

May 20, 2002

Staff Lead:

Department: 

Elizabeth A. Cook

Community Development

Topic:  AN ORDINANCE AMENDING SECTIONS 9-6 AND 9-7 OF THE FAUQUIER COUNTY SUBDIVISION ORDINANCE TO REQUIRE DENIED PRELIMINARY PLATS TO BE CORRECTED AND SUBMITTED TO THE PLANNING COMMISSION FOR REVIEW AND APPROVAL PRIOR TO REFERRAL TO THE BOARD OF SUPERVISORS

 

The Subdivision Ordinance currently provides that, once the Planning Commission acts on a preliminary plat, it is forwarded to the Board of Supervisors.  Preliminary plats denied by the Planning Commission are not returned for additional review.  Once the Board of Supervisors affirms the Planning Commission's preliminary plat denial, an applicant may proceed with construction plans and profiles and a final plat even if the preliminary plat has been denied.  As a result, the final plat needs to address adequately the reasons stated for the preliminary plat denial, before Administrative staff approval of the final plat can occur.  Final plats are approved administratively and receive no further review or approval from the Planning Commission and Board of Supervisors. 

The proposed Subdivision Ordinance text amendment would require the submission of a corrected preliminary plat for Planning Commission review, which addresses the deficiencies noted in the Commission's denial motion.  As proposed, the additional review would only address the deficiencies and any changes promulgated by correction of the deficiencies.  Once the Planning Commission approves the preliminary plat, it would be forwarded to the Board of Supervisors for its review.  As proposed, the item would be scheduled for the Board's consent agenda as in the current ordinance. 

 

The Planning Commission held a public hearing on the proposed Subdivision Ordinance text amendment on March 28, 2002 and voted to recommend the following: 

9-6       Planning Commission Decision

A decision on the preliminary plat shall be rendered by the Commission within sixty (60) days after the official filing unless an extension is agreed to by the applicant.  If the approval of any State agency, including but not limited to the Virginia Department of Transportation, is required for a feature or features of the preliminary plat, the Commission shall have an additional 45 days from the receipt of all such approvals to act on the plat.  When rendering an adverse decision on a preliminary plat, the Commission shall include the specific paragraph(s) of this Ordinance and/or other applicable ordinances with which the subdivider has not complied. After an adverse decision on a preliminary plat by the Planning Commission, a corrected preliminary plat application shall be filed in the Office of Community Development, which addresses the deficiencies noted in the denial.  The application and filing process shall be as specified in Sections 9-3 and 9-4 of this Ordinance.  The Planning Commission's review of this amended preliminary plat shall only address those items noted as deficiencies in the denial and any changes to the plat that result from addressing the specified deficiencies.  Nothing in this Ordinance shall be construed to prevent an applicant who has received an adverse decision on the preliminary plat from proceeding with preparation and submission of the final plat. 

9-7              Referral to Board  

All preliminary plats approved acted on by the Planning Commission shall be referred to the Board of Supervisors at its next regularly scheduled meeting. The Board of Supervisors, by a majority vote, may consider a preliminary plat at the second regularly scheduled meeting.  If the Board takes no action on preliminary plat referral, the preliminary plat shall be deemed approved or denied in accordance with the actions of the Planning Commission.

The Board shall act on the preliminary plat referral not later than its second regularly scheduled meeting unless an extension is agreed to by the applicant.  The Board may approve, approve with modification, or deny the preliminary plat.  Any action by the Board of Supervisors shall be deemed final. 
 

 

Requested Action of the Board of Supervisors:   

Hold a public hearing and take appropriate action.  Recommend that the Board of Supervisors adopt the proposed Subdivision Ordinance text amendment, as recommended by the Planning Commission.  The ordinance is provided as Attachment 1.

 

Financial Impacts Analysis: 

None

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Planning Commission

Department of Community Development

Development Community.

Attachment 1:  An Ordinance Amending the Subdivision Ordinance

Attachment 2:  Planning Commission Staff Report