Board of Supervisors Meeting Date: 


August 14, 2008

Staff Lead:


Bonnie Bogert, Planner II

Community Development


Magisterial District: Center District                                                           PIN: 6994-37-4250-000

Service District: None


A Resolution to Approve a Modification to Section 9-11 of the Subdivision Ordinance to Extend the Validity of the Cedar Mill Preliminary Plat (WVRP08-CT-015), Center District


Topic Description:

The owner/applicant is seeking a modification of Subdivision Ordinance Section 9-11, Limitations, to allow a Preliminary Plat to remain active for a longer period of time. The Cedar Mill Preliminary Plat was originally approved by the Board of Supervisors on July 13, 2006. Since that time, the properties associated with the subdivision have been acquired by a new owner who is interested in continuing the development in accord with the originally approved Preliminary Plat.

Section 9-11 of the Subdivision Ordinance currently allow Preliminary Plats to remain active for a period of eighteen (18) months from the date of approval. A Final Plat needs to be filed within that eighteen month timeframe. The Ordinance allows for two (2) six-month extensions to be granted in order to allow the Applicant additional time to obtain Construction Plan approval and file the Final Plat. Two extensions have been granted, and the Preliminary Plat will now remain active until January 13, 2009. 

Based on the extent of work that needs to be done in order for Construction Plan approval to be granted (which is necessary in order to file the Final Plat), the approved extensions will not allow the new owner an adequate amount of preparation time. The Applicant is therefore requesting that the Preliminary Plat remain active for an additional two (2) years beyond the new expiration date. If approved, the Preliminary Plat would have an expiration date of January 13, 2011.

The applicantís Statement of Justification is included as Attachment 1. Attachment 2 is the Preliminary Plat, as approved in 2006. Attachment 3 is the signed Developerís Agreement which outlines the road improvements to be done as per the Preliminary Plat Conditions of Development.


Zoning/Acreage/Land Use:

The subject properties are zoned Residential (R-1). Adjacent properties in all directions are also zoned Residential (R-1).


The property is located at the intersection of Atlee Road (Route 674) and Frytown Road (Route 674) and Academy Road (Route 678), Center District.  

 Staff Analysis:

Staff believes there is justification for this modification, because a large number of road improvements are required as per a Developerís Agreement (Attachment 3) which is outlined in the conditions of the original Preliminary Plat approval (Attachment 2). Should the Preliminary Plat expire, these conditions expire and the road improvements will not be completed. The conditions that were approved in 2006 would remain in effect through the new expiration date, should the modification be granted.

Planning Commission Action:

On July 31, 2008, the Planning Commission unanimously recommended approval of the Applicantís modification of Section 9-11 of the Subdivision Ordinance, to allow the Cedar Mill Preliminary Plat to remain active until January 13, 2011.


Requested Action of the Board of Supervisors: 

Consider adoption of the attached resolution.



1.                  Applicantís Statement of Justification

2.                  Preliminary Plat

3.                  Developerís Agreement


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