PUBLIC HEARING AGENDA REQUEST
Board of Supervisors Meeting Date:
Elmer Ray and Katherine O.
Anderson, Jr., Morgan B. and Katie L. Ott, III, Harold W.
and Rebecca O. Mullins, Frank C. Ott, Frank C. Ott, Jr.,
Owners / Daniel M. OíConnell, Applicant
April 13, 2006
Melissa Dargis, Assistant Chief of Planning
A Resolution to Approve SPEX06-LE-008: A Category 26
Special Exception to Allow for a Decrease in the Non-Common
Open Space Requirement, Lee District
The applicant wishes to obtain Special Exception
approval under Category 26, which would allow for a decrease
in the non-common open space requirement. If approved, this
Special Exception would allow subdivision of the
54.2981-acre parcel into two (2) lots.
On July 20, 1993, the Board of Supervisors approved a
Special Exception that granted a decrease in non-common open
space to allow for the division of property into two (2)
lots. However, the timeframe for the Special Exception
lapsed and the applicant did not record the divisions, but
now wants to do so.
As shown on the Special Exception Plat, division of the
property will result in two (2) lots of 25 acres and 29.2981
acres. A condition requiring deed restriction on both lots
will prohibit further subdivision. A note on the plat
indicated that the lots are for agricultural purposes and
are not approved with individual drainfields. If, in the
future, drainfields are located for these lots they may be
used for residential purposes.
The original Special Exception Plat was recertified in
November 2004 by the original surveyor.
Area, Location and Zoning:
The property is located on the east side of Morgansburg
Road (Route 653), south of its intersection with Marsh Road
(Route 17). A map of the property is shown below.
Neighboring Zoning/Land Use:
The property is currently zoned
RA (Rural Agricultural) and is bound entirely by RA zoned
land. Consistent with this zoning category, the property is
located in an area that contains agriculture and forestry as
its predominant uses.
Action Requested of the Board of Supervisors:
public hearing and consider adoption of the
Planning Commission Recommendation:
16, 2006, the Planning Commission held a public hearing on
this item and unanimously recommended approval, subject to a
series of development conditions.
Staff and the appropriate referral agencies have reviewed
this request for conformance with the Comprehensive Plan,
the Zoning Ordinance, and other relevant policies and
regulations. Staff and referral agency findings, comments,
and recommendations are summarized below. The actual
responses from referral agencies are available upon request.
After reviewing the above stated
Special Exception stamped by Richard H. Vogel, L.S. on
November 1, 2004, this office has the following comments:
The majority of the site is mapped 66A which has
problems with high intermittent water table, very high
shrink swell potential, frequent ponding, low bearing
capacity, and is a hydric soil. It is rated not suited for a
conventional septic system and rated very poor for general
The rest of the site is mapped 167B which have a very
high shrink swell potential and low bearing capacity. This
soil is rated poor for general development and for
conventional septic system.
A geotechnical report will be required for any
building on the site due to the high to very high shrink
A wetland determination will have to be completed due
to hydric soils on the site.
Summary and Recommendations:
recommends that the Board of Supervisors consider the
Planning Commissionís recommendation for this item.
any other Departments, Organizations or Individuals that
would be affected by this request:
County Department of Community Development
Special Exception Plat