Buckingham County Planning Commission
July 28, 2008
Conference Room
7:00 PM
Second Hearing #08-ZMA161

 

OWNER/APPLICANT: Curtis Pearson 485 Pearson Dr. Dillwyn, VA 23936

PROPERTY INFORMATION - Tax Map Section 151, Parcel 46, on Red Road off of Route 60, in the Curdsville Magisterial District.

ZONING DISTRICT – Agriculture District (A-1)

REQUEST – The Board of Supervisors request that the Planning Commission take a look at Mr. Pearson’s request now that he has made several changes.– Mr. Curtis Pearson is asking the Planning Commission to recommend approval of his subdivision and recommend rezoning the property to Residential (R-1).

GENERAL INFORMATION - This property consists of approximately 200 acres. The applicant is requesting approval of 21 lots. The applicant has taken out a couple 3 acre lots on the north side of Red Road. The applicant also plans to give VDOT a right-of-way in case of future road improvements and also plans to place deed restrictions on the property to prevent future divisions of the large lots.  

The following conditions may be taken under consideration:

1. An Erosion and Sediment Control Plan must be submitted to the office (if required by the E&S Ordinance) and the appropriate fees/bond paid (5-2-2-2). The following steps shall be followed for the implementation of the E&S plan:
1. Two estimates (on their respective letterheads) from two different contractors for stating the estimated cost of implementation of the E & S according to the approved plan, stating the estimated cost of maintenance of the E & S before, during and after, and the estimated cost of the final stabilization of the E & S Plan as approved by the plan approving authority and these estimates shall be submitted to the Zoning office and the performance guarantee shall be the higher of the two estimates plus 10% for cost overruns and administrative costs. These estimates shall be separate from the road construction performance guarantee estimate.
2. The performance guarantee shall be issued to the county and once the performance guarantee is issued to the County and approved by the County and the appropriate fees paid, the Agent shall issue an E & S permit.
3. Fees: $300.00 for the first acre and $50.00 for each acre after the first acre. Checks shall be made out to: Buckingham County Treasure.
4. Once the applicant is ready for the implementation of the E & S upon the land, the applicant shall notify the County of the start date and estimated completion date.
5. The applicant shall be responsible for any and all E & S implementation, maintenance and final stabilization of the E & S Plan as submitted and approved by the Plan approving authority.
6. It shall be the responsibility of the applicant to notify the agent upon implementation of the plan is complete upon the land. The County shall make every effort to come to the site and inspect and any specification as shown on the approved E & S Plan shall be corrected by the applicant and if the applicant fails to correct any specifications, the agent shall call upon the performance guarantee to hire a contractor to correct any measure.
7. During implementation, maintenance and till final stabilization, the applicant shall once a week visually inspect for any failures of the E & S and shall call the agent to notify of such failures and the applicant shall take immediate steps to correct any failures. Failure by the applicant, shall cause the agent to call upon the performance guarantee to correct any failures not corrected by the applicant.
8. The applicant shall call the agent once final stabilization has been reached for inspection by the County Agent.
9. Once all requirements and final stabilization is reached the agent shall release the performance guarantee

                        A performance guarantee shall also be posted with the County for the Construction of the Road to meet the requirements of a private road under the Subdivision Ordinance. The construction of the road shall proceed no farther until the E & S is implemented upon the land and the E & S is approved by the County

1. The final plat shall show adequate easement along any stream, drainage course and other water ways for the purpose of widening, deepening, relocating, improving, or protecting. Such easements shall not be considered part of the required street width (5-2-2-1).
2. Soil evaluations sheets and plats showing the location of the drain fields shall be submitted showing the lots will adequately support the necessary septic tank systems (5-2-3-1).
3. The developer shall be responsible for the erection of the Street signs according to the specifications as specified by our 911 Coordinator. The fee for address markers and street signs shall be $30.00 for each address marker and $125.00 for each Street sign. The fee is to be paid to the Buckingham County Treasure prior to final approval.
4. All fees shall be paid in full before the agent shall be allowed to sign off on the final plat (6-1-3). The minimum fee for a major subdivision is $2000.00 plus $50.00 per lot.
5. The final plat shall include the statement “the subdivision of the land described herein is with the free consent and in accordance with the desire of the undersigned owner, proprietors, and trustees.” The statement shall be signed by such person and duly acknowledged before an official authorized to take acknowledgments of deeds (6-3-6-1).
6. The accurate location and dimensions by bearing and distances with all

curve data on all lots and streets, boundaries of all proposed or existing easements, parks, school sites, all existing public streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits including their size and type, water courses and their names, names of owners and their property lines, both within the boundary of the subdivision and adjoining said boundaries.

1. In the event that any one or more of the conditions is declared void for any reason whatever, such decision shall not affect the remaining portion of the permit, which shall remain in full force and effect, and for this purpose, the provisions of this are hereby declared to be severable.

What does the Commission recommend to the Board?