CONSENT AGENDA REQUEST

Owner/Applicant:

Board of Supervisors Meeting Date:

Vanguard Health Group

October 8, 2009

Staff Lead:

Department: 

Bonnie Bogert, Planner II

Community Development

Magisterial District:                                                                                                                 PIN:
Cedar Run                                                                                                             7826-93-1191-000

Service District:
None

Topic: 

Vanguard Health Subdivision:  Preliminary Plat/Final Construction Plan: PPLT09-CR-005, WVRP09-CR-009, and WVRP09-CR-019, Cedar Run District

Topic Description:

The applicant is seeking Preliminary Plat approval to divide a +40.07 acre parcel into three (3) lots, two smaller lots and a residue parcel which will contain +36.31 acres, which will be deeded as non-common open space. Each lot will be served by a well and individual drainfield.

The applicant has requested that Subdivision Ordinance Section 9-5.B.33, the requirement to provide a Jurisdictional Determination of wetlands, be waived. The applicant contends in their Statement of Justification that there is only one area of potential development which comes into contact with a soil type which has hydric inclusions, and that area will be part of the front setback for Lot 2, due to the location of the ingress/egress easement. The U.S. Army Corps of Engineers (USACOE) did a preliminary review of the site and indicated to the applicant that there did not appear to be any wetlands on the site. The County Soil Scientist has also recommended approval of the waiver, with the recommendation to the applicant that if, during clearing and grading activities, wetlands are suspected to be found, all land disturbing activities cease until further evaluation can be done by the USACOE. 

The applicant has also requested that Subdivision Ordinance Section 10-6 be waived, which would eliminate the requirement for separate construction drawings. The Preliminary Plat/Final Construction Plan submitted to our office 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 Statements of Justification related to both waiver requests is included as Attachment 2. 

Location,  Zoning and Current Land Use:

The property is located on the west side of Blackwells Mill Road (Route 617) in the Cedar Run Magisterial District. The parcel is zoned Rural Agriculture (RA). Adjacent properties in all directions are also zoned Rural Agriculture (RA).  

Planning Commission Summary and Action of September 24, 2009:

The Planning Commission discussed this item at its work session. At the public meeting they voted unanimously to approve this Preliminary Plat and associated waivers.

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. On September 24, 2009, the Planning Commission voted unanimously to approve the Vanguard Health Preliminary Plat and Waivers subject to the following conditions:

1.      The Final Plat shall be in general conformance with the Preliminary Subdivision Plat/Final Construction Plan “Vanguard Health” dated May 21, 2009, last revised August 14, 2009, signed by James R. Ashley on August 20, 2009.

2.      A note shall be placed on the Final Plat which states that “Basements are not recommended in mapping units 13B, 16B, 50B, 50C, 59C, 313C, and 413C.  Basements in these mapping units are subject to flooding due to high seasonal water tables.  Sump systems may run continuously, leading to possible premature pump failure.”

Attachments:

1.       Preliminary Plat

2.       Statements of Justification