AGENDA REQUEST

Owner/Applicant:                                             Board of Supervisors Meeting Date:

Leocade Leighton                                                                                       July 21, 2003

Staff Lead:                                                                                               Department:

Elizabeth A. Cook                                                                     Community Development

Magisterial District: Scott                                                                                PIN(s):

Service District: New Baltimore                                                      7905-86-6547-000

Topic:  PP03-S-31, Preliminary Subdivision Plat Leocade Leighton

Topic Description:

The subject property has a lengthy legal history, beginning with its origin as three of four parcels created in the 1968 subdivision of Broken Hills Section 5.  The abridged version of this story focuses on the improper creation of an unusable remnant lot at the time of subdivision.  The existence of this improper remnant prompted a finding by the County Attorney that Broken Hills Section 5 is not a legally platted subdivision.

The Applicant's proposed Preliminary Plat reflects existing conditions.  The proposed one-lot subdivision is located at 7044 Riley Road (Route 676) in the New Baltimore Service District.  No changes to the property are proposed with the subdivision plat.  Approval of the Preliminary Plat will simply confirm the division of a lot that was created in 1968 and has served as a residential subdivision lot since that time. 

Staff has evaluated the proposed division and the circumstances that have precipitated this application.  Staff concludes that the requested division is an appropriate solution to a technical problem and, therefore, recommends approval of the Preliminary Plat, subject to the approval of the requested rezoning (RZ03-S-14) and its associated proffers and conditions.  In addition, staff requested that the Planning Commission waive the Subdivision Ordinance requirement for construction plans and profiles, and permit the Preliminary Plat to serve as the Final Plat for this property.  The Planning Commission approval did include these waivers.

Section 9-7 of the Subdivision Ordinance requires that "…all preliminary plats approved by the Planning Commission shall be referred to the Board of Supervisors at its next regularly scheduled meeting…If the Board takes no action on the preliminary plat referral, the preliminary plat shall be deemed approved in accordance with the actions of the Planning Commission."

The Planning Commission staff reports are available upon request.

Requested Action of the Board of Supervisors:

No action is necessary, unless a majority of the Board wishes to consider this preliminary subdivision application, and if the companion Rezoning request is approved.  On June 26, 2003 , the Planning Commission voted to approve the Leighton Preliminary Plat, subject to the approval of the companion Rezoning application (RZ03-S-14) and its associated proffers and conditions, and the waiver of the final construction plan, and separate final plat requirement.

Attachments:

1. Preliminary Plat
2. Resolution