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Mr. Bill Malin en <br />Mr. Patrick Trudgen <br />September 10, 2008 <br />Page 2 <br />unless given a time extension,, failure to comply with the 60 day <br />Period to apply for a final plat shall nullify the approval of the <br />Prelim nary plat. <br />The operation of existing Code Section 1102.01(F') is fairly straightforward. It requires <br />a subdivider to submit a final plat application within six (6) months of preliminary approval. <br />It requires a written request for extension of the six (6) month period to be submitted to the <br />Council for Council approval. It applies to Planned Unit Development requests that involve <br />subdivisions (Sections 1008.06 and 1008.10(1 )(2)(d)(9) indicate the provisions of Section <br />1002.01 (F') apply to PUDs) as well as "garden variety plats."' <br />Though the language in Section 1102.01(F') was recently amended, it certainly would <br />be the prerogative of Council to consider amendments that would conform the language to the <br />Presently desired practice for processing of given land use requests. Following might be <br />discussion topics: <br />1. Should the six (6) month period be longer? <br />2. Should the Council be the body approving extensions?. <br />Should Section 1102.01(F') apply at all to FUDs,, which, by their nature,, are often <br />more complex? <br />The above are not legal, but, rather, are policy issues. The specific legal issue presented <br />4 <br />by the Apple woo d property has been resolved: by virtue of project scope changes, the <br />4 <br />Developer h sub <br />as remitted the preliminary plat as permitted by Section 1102.01(F'). <br />Let me know if you have further questions. <br />M <br />Jay T. Squires <br />JTS,/cg <br />RRM: # 123042 <br />