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Topic Description:
The applicants are seeking
Preliminary Plat approval to divide one parcel of
approximately 309.9 acres into two (2) lots, which are
approximately 301.97 and 7.90 acres. The 301.97 acre parcel
will be deed restricted from further subdivision, per
approved Special Exception SPEX08-CR-015. The parcel
contains one existing dwelling unit. Each lot will be
served by well and drainfield.
The applicants have also
requested that Subdivision Ordinance Section 10-6 be waived.
This would allow the applicants to combine the Preliminary
Plat and the Final Construction Plan. The Preliminary
Plat/Final Construction Plan submitted to the County
includes all necessary items as required by both plan
categories. A copy of the Preliminary Plat/Final
Construction Plan is included as Attachment 1. A copy
of the Applicant’s Statement of Justification related to the
Waiver requests is included as Attachment 2.
The applicants have also
requested that Subdivision Ordinance Section 9-5.B.33 be
waived, eliminating the requirement to provide a
jurisdictional determination of wetlands (JD). The waiver
is requested because the application states it would be a
financial hardship on the applicant. At this time the house
and driveway locations are unknown. A JD is generally
required when hydric soil types are present on the property
as determined by the County Soils Map or the applicant’s
soils report. It is performed by the U.S. Army Corps of
Engineers (USACOE) to identify wetlands and waters of the
United States within a project’s limits. If wetlands and/or
waters of the U.S. are present and not disturbed, a permit
is not necessary. A condition of development for the
Preliminary Plat has been drafted to state that if any land
disturbing activity should occur within streams or wetlands
that fall under the jurisdiction of the USACOE, then a
jurisdictional determination and any necessary permits shall
be obtained.
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Location, Zoning and
Current Land Use:
The property is located on
Green Road. It is zoned Rural Agriculture (RA).
Consistent
with the RA zoning category, the property is located in a
district where agriculture and forestry are the predominant
uses. A map of the property is shown below:

Surrounding
Zoning and Current Land Use:
Surrounding parcels are
zoned RA.
Requested Action of the
Board of Supervisors:
No action is necessary to
approve the Preliminary Plat, unless a majority of the Board
wishes to consider this preliminary subdivision
application.
Action is requested on the
attached resolution for the
Waivers of Subdivision Ordinance Sections 10-6 and
9-5.B.33. On September 25,
2008, the Planning Commission voted unanimously to approve
the Haworth Property Preliminary Plat and recommended
approval of the Waivers to Subdivision Ordinance Sections
10-6 and 9-5.B.33 subject to the following conditions:
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The Final Plat shall be
in general conformance with the Preliminary Plat/Final
Construction Plan titled “Preliminary Plan/Final
Construction Plan on the Property of Stanley C. Haworth,
Trustee” dated July 11, 2008, signed by James R. Ashley,
P.E. on August 13, 2008 (revised on October 1, 2008 and
signed by James R. Ashley, P.E. on October 1, 2008 as
directed by the Planning Commission).
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A jurisdictional
determination and applicable permits shall be obtained
prior to any work or land disturbing activity in a
stream or wetlands.
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