Board of Supervisors Meeting Date: 

Stanley C. and Mildred W. Haworth

October 9, 2008

Staff Lead:


Melissa Dargis, Assistant Chief of Planning

Community Development

Magisterial District:
Cedar Run


Service District: None


Preliminary Plat #PPLT09-CR-002 & Waivers #WVRP09-CR-003 and # WVRP09-CR-004: Haworth Property - Cedar Run District

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.   


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:

  1. 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).
  2. A jurisdictional determination and applicable permits shall be obtained prior to any work or land disturbing activity in a stream or wetlands.



1.            Preliminary Plat/Final Construction Plan

2.            Statements of Justification

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