AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date: 

Frank C. Poland and Clara C. Poland

July 10, 2008

Staff Lead:

Department: 

Melissa Dargis, Assistant Chief of Planning

Community Development

Magisterial District: Lee

PIN: 6889-37-3301-000

Service District: None

Topic: 

Preliminary Plat PPLT08-LE-005 & Waivers WVRP08-LE-013 & WVRP08-LE-014:  Poland Property – Lee District

Topic Description:

The applicants are seeking Preliminary Plat approval to divide one parcel of approximately 9.66 acres into two (2) lots.  The parcel contains two (2) existing dwelling units, one being an existing family 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.

The applicants have also requested that Subdivision Ordinance Section 9-5.B.33 be waived eliminating the requirement for a jurisdictional determination (JD) of wetlands.  A copy of the Applicant’s Statement of Justification related to the Waiver Requests is included as Attachment 2.  The waiver is requested because the application states there is no land disturbance or any construction associated with this request.  A JD is generally required when there is the potential for construction or to disturb land.  It is performed by the US 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.  However, in the future, if the applicants decide to reconfigure the driveway or do other construction on site, a USACOE permit may be required.   

Staff notes that these applications have a companion Category 29 Special Exception to waive the public street requirements for the new lot.  Since the two dwelling units already exist, they are already utilizing the two private ingress/egress easements known as Wotton Road and Pinewood Lane.  Thus no construction or new entrances are required.  Further the applicants will draft a road maintenance agreement for these roads that includes the new lot. 

Location,  Zoning and Current Land Use:

The property is located on the south side of Wotton Road east of James Madison Highway (Route 15/29).  The 9.66 acre parcel is split zoned Residential-1 (R-1) (7.3967 acres) and Rural Agriculture (RA) (2.2709 acres). 

Surrounding Zoning and Current Land Use:

Surrounding parcels are zoned R-1 and RA. 

Staff and Review Agency Comments: 

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Findings, comments, and recommendations are summarized below. Following each comment is a staff note in italics stating how the comment has been addressed.

Soil Scientist Considerations

Code Compliance:

1. In order to remediate the problem of one well for two lots (PIN’s 6889-27-8290 and 6889-37-3301), a private water supply will need to be installed on PIN 6887-27-8290 prior to final construction.   If not, the lots would be under the definition of a public water supply and would have to adhere to all applicable requirements. (County Code Chapter 19)

Installation of a private water supply is included as a Condition of Development.

Findings:

1. When the boundary line adjustment for PIN 6889-27-8290 was approved on 3/17/08 its private well was divided onto parcel 6889-37-3301.  Since now two dwellings on two separate parcels are using the same well it is considered to be a public water supply and would need to adhere to all requirements for a public water supply.  If the applicant wishes to keep the lot as a private water supply, they will need to install a well on PIN 6889-27-8290 before completion of the construction plan.  The applicant provided with this submission a Private Well Construction Permit issued on April 11^th 2008 by the VA Dept. of Health for the lot.  This permit is the first step in the process of getting a private well, but to satisfy the requirements the well must be installed and properly inspected/certified by the local VA Dept. of Health Office. 

Installation of a private water supply is included as a Condition of Development.

Planning Commission Action: 

On May 29, 2008 the Planning Commission unanimously recommended approval of this Preliminary Plat/Final Construction Plan and associated waivers. 

Requested Action of the Board of Supervisors:

No action is necessary unless the majority of the Board of Supervisors wishes to consider the Preliminary Plat/Final Construction Plan and associated waiver applications. 

The Preliminary Plat/Final Construction Plan and associated waivers are to be considered in conjunction with a Category 29 Special Exception (SPEX08-LE016) to waive the public street requirement for access to the proposed lots.  The Board of Supervisors may approve the Preliminary Plat/Final Construction Plan and associated waivers, subject to approval of the companion Special Exception (SPEX08-LE-016).

The Preliminary Plat/Final Construction Plan appears to be in general conformance with the Comprehensive Plan and the Subdivision Ordinance.  If the Board of Supervisors approves the companion Special Exception (SPEX08-LE016), staff recommends that the Board of Supervisors affirm the Planning Commission’s approval of the Preliminary Plat/Final Construction Plan (PPLT08-LE-005) including the Waivers of Subdivision Ordinance Section 10-6 (WVRP08-LE-014) and Subdivision Ordinance Section 9-5.B.33 (WVRP08-LE-013), subject to the following Conditions of Development:

1.      The Final Plat shall be in general conformance with the Preliminary Plat/Final Construction Plan titled “Poland Property” dated March 28, 2008, signed by James R. Ashley on April 18, 2008.

2.      A jurisdictional determination and applicable permits shall be obtained prior to any work in the stream or other land disturbing activity.

3.      A Road Maintenance Agreement for Wotton Road and Pinewood Lane shall be submitted with the Final Plat for review by the Chief of Planning and the County Attorney; upon approval it shall be recorded.

4.      Prior to Final Plat Approval, a well shall be drilled on PIN 6889-27-8290-000.

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

Virginia Department of Health

Attachments:

1.                  Preliminary Plat/Final Construction Plan

2.                  Statements of Justification