Board of Supervisors Meeting Date: 

William Beach

October 8, 2009

Staff Lead:


Bonnie Bogert, Planner II

Community Development


Magisterial District:                                                                                                                     PIN:
Marshall                                                                                                                    6000-50-8282-000

Service District:


Fiery Run Road Subdivision: Preliminary Plat/Final Construction Plan: PPLT09-MA-006, WVRP09-MA-018, Marshall District


Topic Description:

The applicant is seeking Preliminary Plat approval to divide a +26.90 acre parcel into three (3) lots. Each lot will be served by a well and individual drainfield.

The applicant had previously received Preliminary Plat approval on this parcel in 2005. However, a Final Subdivision Plat was not filed within the 18-month timeframe as previously required by the Subdivision Ordinance, thus the Preliminary Plat expired. The lot layout and entrance locations are exactly the same as the previously approved plat.

The applicant has 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 Statement of Justification related to the waiver request is included as Attachment 2


Location,  Zoning and Current Land Use:

The property is located on the west side of Fiery Run Road (Route 726) in the Marshall Magisterial District. The parcel is zoned Rural Conservation (RC: 18.56 acres) and Rural Agriculture (RA: 8.34 acres). Adjacent properties in all directions are also zoned a combination of Rural Conservation (RC) and 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 waiver.

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 Fiery Run Road Preliminary Plat and Waiver subject to the following conditions: 

1.      The Final Plat shall be in general conformance with the Preliminary Subdivision Plat/Final Construction Plan “Fiery Run Road” dated March 27, 2009, last revised August 6, 2009, signed by James R. Ashley on August 6, 2009.

2.      A note shall be placed on the Final Plat which states that “Basements are not recommended in mapping units 2A and 415B.  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.



1.        Preliminary Plat

2.        Statement of Justification


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