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017-24 (SubdivisionWaiverOfDarienLLC) RESOLUTION r a� Action: PLANNING COMMISSION: July 3,2024 Recommended Approval BOARD OF SUPERVISORS: August 14,2024 Approved WAIVER#03-24 Darien,LLC WHEREAS,WAIVER APPLICATION #03-24 was submitted by Pennoni (Michael Artz) on behalf of Darien, LLC for a waiver of Subdivision Ordinance Section 144-17 L:Curbs and gutters and Section 144-18 A: Sidewalks. The property is identified with Property Identification Number 53-5-1 within the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public meeting on this subdivision waiver application on July 3,2024 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public meeting on this subdivision waiver application on August 14,2024; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this subdivision waiver to be in the best interest of the public health,safety,and welfare, and in good zoning practice; and NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors,to allow a waiver of a subdivision ordinance sections §144-17 L Curbs and gutters and §144-18 A Sidewalks in the RP (Residential Performance) District for the Lauck subdivision as specified in of the Frederick County Subdivision Ordinance is approved. Passed this 14th day of August 2024 by the following recorded vote: Josh E.Ludwig,Chairman Aye John F.Jewell Aye Heather H. Lockridge Aye Robert W.Wells Aye Blaine P.Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST Michael . Bollhoefe Frederick County inWistrator Res. No. 17-24 r COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Broad of Supervisors FROM: Mark R. Cheran, Zoning and Subdivision Administrator SUBJECT: Public Meeting—Waiver Request 403-24 Darien, LLC Property Identification Number(PIN): 53-5-1 DATE: July 25, 2024 CODE 144 REQUIREMENTS: §144-17 L: Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any subdivision containing lot(s)less than 15,000 square feet or lot widths of 80 feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The Subdivision Administrator may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow for a drainage shed,would be achieved without it. Such alternatives shall only be permitted when acceptable to the Subdivision Administrator and when approved by the Director of Public Works. §144-18 A: Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two-foot-wide grass strip or swale between the street edge and sidewalks,where sidewalks are required. PROPERTY LOCATION AND ZONING: The Property is identified with Property Identification Number 53-5-1 within the Stonewall Magisterial District and is zoned RP (Residential Performance) Zoning District. ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) District Use: Residential East: RP (Residential Performance) District Use: Residential Darien, LLC Waiver Page 2 South: RP (Residential Performance) District Use: Residential West: RP (Residential Performance)District Use: Residential BACKGROUND: The above-referenced property is located within the subdivision known as the Lauck Lots.This subdivision was created in 1982 via deeds and plats. (Enclosed)Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property as being zoned R-1 (Residential Limited) in 1967. Frederick County amended its Ordinance in 1989 to change the R-1 Zoning District to the RP (Residential Performance)Zoning District. The Frederick Code requires any subdivision within the RP Zoning District to have an approved Master Development Plan (MDP) to subdivide property. This subdivision does not have any approved MDP on record. However, the Frederick Code requires any subdivision located in the RP Zoning District to have curb and gutter (Section 144.17. L. Streets), and sidewalks and pedestrian walkways (Section 144-18. A. Sidewalks and Pedestrian Walkways). The applicant is requesting a waiver from these sections of the County Code. This 25,319 Sq. Ft. parcel fronts Lauck Drive (Route 832). The proposed subdivision plan for the property seeks to create two (2) lots of 12,379 SF and 12,940 SF respectfully. The Lauck Lots subdivision was created prior to the requirements of the County Code and the subdivision does not have curb and gutter or sidewalks. The property is located within the Urban Development Area (UDA) as noted within the Frederick County Comprehensive Plan. Therefore, granting waivers for this proposed subdivision may be justified. Conclusion: The Planning Commission held a public meeting, on July 3,2024, and recommended approval of this subdivision with waivers to the Board of Supervisors. Following discussion, a decision regarding this waiver application by the Board of Supervisors would be appropriate. MRC/pd Attachments: 1.Application for Waivers 2. Letter of Request 3. Copy of Lauck Lots Subdivision 4. Proposed subdivision plats WAV # 03 - 24: Darien, LLC PIN: 53 - 5 - 1 Waiver of MDP (Curb and Gutter and Sidewalks and Pedestrian Walkways) Zoning Map ax�e�a� Roam go am � eXMca 03=M 'FO IL 2 WAV#03-24 2 Q Q7�Q�1 O GCa k Q� U 0.1 J r Q QS1 . r y� - SENTRYCi,:: N 22 N SP�Ef 2 Application c�aJg J 22 Sewer and Water Service Area 0 Parcels r N B2(General Business District) 1 RP(Residential Performance District) 7 \ N E J S r r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 30 60 120 Feet Map Created:June 18,2024 WAV # 03 - 24: Darien, LLC PIN: 53 - 5 - 1 Waiver of MDP (Curb and Gutter and Sidewalks and Pedestrian Walkways) Location Map Roam 09=M a �ORrRFss''pR:. !� 2 CDOfl r:A lit, LTCB ,#W a� • � Q t P r� � - r kryyyr '� f SERiRYCi�:: YW`3LLWA/G7lJ _ y�..' Q� CgGQFg CT ♦ LtQy W ,. JU 22 1MFr �� 2 p/KF Application r N Sewer and Water Service Area 1 QParcels 7 \ N E J S r r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 30 60 120 Feet Map Created:June 18,2024 APPLICATION FOR A SUBDIVISION APPEAL 4 OR WAIVER/EXCEPTION Applicant/Agent: Make Arts Pennoni, Inc Address: 116 East Piccadilly Street, Winchester VA 22601 Phone Number: 540-327-3233 Property Owner's Name(if different from.applicant): Darien, Address: 'i-) Wt-st tech Street, Winchester VA 22601 Phone Number: 5 Contact Person 1 if different from.applicant): Phone Number: Waiver or appeal request details (include specific ordinance requirements to be waived or decision to be appealed): Request waiver for Master Development Plan and to construct Curk and Gutter and Sidewalks as required by 144-10 Master Development Plan and 144-17.L Curbs and Gutter and 144-18.A. (1)Sidewalks and Pedestrian Walkways. Property Location(give exact location based on nearest road and distance from nearest intersection,using road names and route numbers): Lefr side of Lauck Drive, approximately 570' ncrth of Ncrt- Frederick Pike Parcel Identification Numbers: TM Magisterial District: stonewall Zoning and Current Use: Zoning District: ss= Current Use: vacan t Attachments:Adjoining Property Owners List Existing'recorded and Proposed Plats x ****For Office Use Only**** FEES FOR WAIVER OR ORDINANCE EXCEPTION AND CHECKLIST: )a s5o0.00 ice, A Attachments Existing/recorded and proposed plat(s) ;P Completed adjoining properties info.sheets) �, 1 ➢ Receipt#: a2k Received by: Date: (biwals) Frederick County Department of Planning and Development 107 North Kent Street•Suite 202 Winchester,Virginia 22601 Phone: (540)665-5651- Fax:(540)665-6395 1 List of Adjoining Properties: The following names and addresses are all of the individuals,firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought,including properties at the sides,rear,and in front of(across street from)the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. Name and Property Identification Number Address 7::, Name Stephen C. Rude 51 Riflemen Lane 71 Property# 53-A-56C WinchesLer VA 22601 Name Hope E. Alexander IE5 Lauck Drive Winchester VA 22CC3 Property# 63-5-2 1045 Foreman Lane Name Donald Lauck Winchester VA 22603 Property# A-A-122 Name Richard Kozlowski 1081 Valley Mill Read Winchester VA 22602 Property# 8 6A-A-10 'henandoah Valley 2omrnunity ?pl North Cameron Street Name Residences Inc. Winchester, VA 22601 Property# 54N-*2-2-32 Name110 Lauck Dr. SNF Real Estate LLC x102 Braadaay Wooa_*nere EKY 11598 Property# 5 4-A-lA Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Rmwil MS/2023 2 List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides,rear, and in front of(across street from)the subject property (Use additional pages if necessary.) These people will be notified by mail of this application. Name and Property Identification Number Address NameStephen C. Rudy 51 Riflemen Lane Property#53-A-56C Winchester, VA 22601 ENaerHope B. Alexander Edwards 165 Lauck Drive 53-5-2 Winchester, VA 22603 NameDonald Lauck 1045 Foreman Lane Property#53A-A-1 22 Winchester, VA 22603 NameRichard Kozlowski 1081 Valley Mill Road Property#53A-A-103 Winchester, VA 22602 NameShenandoah Valley Community Residences Inc. 301 North Cameron St., Suite 103 Property#54N-2-2-32 Winchester, VA 22601 Name 110 Lauck Dr. SNF Real Estate LLC 1007 Broadway Floor 2 Property#54-A-1 A Woodmere, NY 11598 Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Revised 12/8/2023 2 Special Limited Power of Attorney County of Frederick,Virginia Frederick Planning Website: www.fcva.us Department of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Darien LLC Name of Property OwnedApplicant Please note: If the property ownedappik4mi is an entity,the name of the entity should appear abort. If multiple Qer m own"property or aro applicants,an executed power of auomcy from each own 415 West Cecxl Street, Winchester VA 22601 54 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcels)of land in Frederick County, Virginia,identified by following property identification numbers: TM #53-5-1 do hereby make,constitute,and appoint: Michael M. Artz Name ofAttorney-In-Fact 116 East Piccadilly Street, Winchester, VA 22601 540-- Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to Me and act on my behalf with respect to application with Frederick County,Virginia for the following„for the above identified property: Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim,or final) Variance or Zoning Appeal x Subdivision Appeal or Waiver/Exception and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or m dif it, � Signature Title(if signing on behalf of an entity) n State of V 1 2���e 4 County/City of J�X S 1,Ce— ,To wit: I, tiF:jq 13•31 C\ oo+'l e,a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before'me in the jurisdiction aforesaid this=day of��� 20.0 My Commission Expires: //-.50- 207-b Notary Public ' Registration Number: 71(1,11 I 4 117 East Piccadilly Street Winchester.Virginia 22601 T:540-657-2139 www.pennoni.com MEMORANDUM TO: Mark Cheran FROM: Mike Artz, LS-3B DATE: June 7,2024 SUBJECT: Proposed subdivision of Darien LLC lands located on Lauck Drive TM#53-5-1 Darien LLC is proposing to subdivide their land identified as TM #53-5-1 located on the western side of Lauck Drive in Stonewall District. The property is also known as Lot 1 of the Lauck Lots Subdivision created in 1982, contains 25,319 square feet and is currently Zoned RP. The proposal is to create two new lots of approximately 12,000 sf. Both lots have road frontage on Lauck Drive(S.R.#832), meet all dimensional requirements and have access to existing sewer and water. As part of the subdivision process in the RP district,a Master Development Plan is required. As this is a simple two lot subdivision, Darien is requesting a waiver of Section 144-10 for that requirement. Additionally as there is no sidewalk or curb and gutter along Lauck Drive, a waiver is also requested for Sections 144-171 and 144-18.A.(1). Attached are documents for this request including a Subdivision Waiver application and fee,deeds,and a proposed subdivision plat. Sincerely, Michael M.Artz f ft 1124)24,7:26 AM Sra 381 #2911 BARBARA H. LAUCK TO: DEED OF DEDICATION COUNTY OF FREDERICK, VA. ,,**,ti.w,rr,yrwi.w*+.w•x*�*+•+x**wa.wx•a«,kr�*+**t �t 554 ME 381 THIS DEEM OF DEDICATION made this _�� day of December, 1982, between SaazARS a. LRUCX (Widow), of ttie one part, harain atter called the Grantor, and the COLWW Op FR=ZRICY, NIRGI>rFIA, of the other part, hereinafter called the Grantee. HBttHAS, the Grantor is the owner, in fee simple, of a certain tract or parcel of land, lying and being situate in Stonewall mAgisterial Pietrict, traderick County, Virginia, and desires to subdivide the same as a Subdivision to be known as GZALFCK LOTS', ss shown on the plat and survey prepared by 1 Greenway Engineering and survey Company, Incorporated, dated July 27, 1982, which survey and the plat of all lots are i attached hereto and wade a part hereof and are to be recorded herewith. i NOW. T"HEmr I.E. THIS ABED or MDICATION S WITRZSS:5TR. That for valuable conaideratton and the benefits that will accrue by reason of this dedication, the Grantor does hereby grant and convey to the Grantee, in fee simple, such portion of the premises platted as is on the plat attached hereto, and described herein. not apart for streets, ` allays, public easements or other public uses and to create a f i public right-.of way of passage over the emaer and boing a portio of the land conveyed to the Grantor and DONAZD R. LAOCK. as tenants by the entirety, with right of Survivorship, as at common law, by Deed of LSSTEA A. BLLIOTT, at ux, dated may 31, 1973, of record in the Clerks Office of the Circuit Court of Frederick County, Virginia, in Deed Hook 409, page 567, the said DONALD R. LAUCX, having sines. diad. The lots of land in this Subdivision are subject to ice+ certain restrictions which are to eonstituta covanants to run f with the land ono shall be binding on all partiso and persons L.vs,rr.wxwMao,,. Clalmiog under them, and for the benefit of and limitations upon c.aw.c,r a owsys { -..-K�--+ +•+ ` all future owners in said Subdivision and are more particularly � I 1 haps://risweb.caurts.state.va.us/jsra/sra!#lsearchlramrdSearch 114 1f24,24,7:26 AM Sra 382 i !wx 554 Pm 382 i sat out as follows, 1. Nothing but a single private dwelling or residence designed for the.00cupancy of one family shall be *rooted on any of the lots in the subdivision_ 2. The lots shall be waintained and kept free of all debris. woods, junk or other noxious matter. 3. No wobile homes, trailers or junk vehicles, shall be located on any of said lots. 4. No horses, cows, hogs, goats, foul. dog kennels, slaughter bouses,. or the like, shall be maintained on the said lots at any time. S. No unlicensed or inoperable vehicles to be allowed bn any of said Iota. 6. No structures to be,arected on any of said lots nearer than the building line as shown an the plat. The above and ;oregoing Subdivision of that certain treat of land described by the aforesaid plate is nada with the free Consent and in accordance with the desiris of the undersigned owner. NTTHRSa the following signatures and weals, sTATE or VIRGXNXA, --4,1 or GLY-.&CwFe. The -foregoing instrument was acknowledged before tae this day of Decesbo=' 1962, by SAtt ^Rh H. L^VCX (Widow). F My aommission expiress �tu0�a r i i https://risweb,courts.state.va.us/jsrafsraf#/search/recordSearch 214 112424,7:26 AM Sra 383 ' BOOK 554 PILE 383 FINAL PLAT LAUCK r"s f STONEWALL DICT, FlUMEMCE COUWTT, YI30=LA � E JU17 27e 2.962 7 z sera_ # 3 P V ! t.Ot A7r0 ru MAP 1; HY ' HOARD 07 SUPEMS= DATE�� Z t PLANNING COt*USSXCN - SUBDIVISION ADN3NISTRATORS i 42RGlriIA MtPAMUMr OF HIGHWAYS s�DATE ` 1'AEDtOIICi(C011la i1f BAIiITATmm iUN ---- —' AUTHORITY I 1 ' E OWNER'S CEWIFICAn -..� The above aced g"gning fubck vtL*-" oT-bhs Barbara H. Lauck an appears i Ssl this glob ie �dth the SYae coaee4at and in accordance with the dteelree of the undersigned o7arars. p�oprietora, and txvebees Ir SURDBYOR'S amelFICATB ---- - -- -- --- -- t I hereby carbityr that the l,,a in Y� this i�!�i hoax of the land c�vgyeG to Herbara Hili oik bor P ti E FiEt3 �e � �a 1977 y In the Fredariok L ERdC CCRTiioD Book a o at Page 471. 5447.31x:%5 51.17.3(9)liY a� 1 https:llrisweh.courts.state.va.usjjsra/srel#/search/recordSearch 314 1/24 24,7:26 AM Sra •384 (, am 554 tm .384 i I I le L MM IDE1�Fi� 5617a COMM s � )252f LA1�11'X�. -"v CEWWY TWIT Tolm ADrMAA w SUMMY.TO TNr BEST DF w IV•DF1 XMt 1< 1 1 AND BEtr£F.IS COSIRECT AND COr.PUES e I ! •VT17M TM! awvIMJM MfOCEDifAE3 AND i W ro � ST/MQAR96 ESTAOLISl�D Yr TNS vrRrsrNrA s STATE OOARD OF ARClNTEC+S, PpCo. {k �7L � * r ANpF�D Lwtv�APUE 9 BTECr r ♦! ! FINAL LLAT ! ■..-mss. .1r LAUCK LOTS r sc inf ` Wr=M ALL DMlmtCT.FREDERICK TY COUNVSNOW lA r t � � ! ( . fCALC,1'.104• —��JULY =. ns: { ) , f CRlQNNMY WOfNEfiRIaN anC SURIVI M ODsRfC. nA6cora c •,..•..�.••-.:-.•.:r- ^ 4A � lir•r,s.eZrnA:r:o.a�..M� r..-n:....�r to:m o.rr�.-./.�"t a of xruww's wm t IMN*ft---d vw C.NCW M C.4-0. mmal Elm ^ I https:l/risweb.courts.state.va.usfjsra/sra/#/search/reoordSearch 414 Subdivision of I.ot 1,Lauck Lots Darien,LLC TM#53-5-1 Tnst.#240002512 June 6,2024 Stonewall District,Frederick County,Virginia Vicinity Map 1"=300' e Site F Qe o tr SURVEYOR'S CERTIFICATE: T,Michael M.Artz,a duly authorized land surveyor,do hereby certify that the land hereby subdivided is in the name of Darien,LLC and was acquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein subdivided is all of the property conveyed to Darien,LLC by deed dated March 25,2024 and recorded in Instrument#240002512. Said deed being of record in the Clerk's Office of Frederick County,Virginia. This Subdivision as it appears on the accompanying plat is with the free consent and in accordance with the desires of the undersigned owner of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of the Circuit Court of Frederick County,Virginia. Darien,LLC NOTARY CERTIFICATE: STATE OF VIRGINIA;CITY/COUNTY OF to-a'it: The foregoing owners consent and dedication was acknowledged.before me by this -day of _ .20 My commission expires Notary Public CERTIFICATE OF APPROVAL This Subdivision is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Subdivision Administrator date Virginia Department of Transportation date Frederick Water Notes: 1. Boundary shown hereon was determined by a field run survey performed under my supervision. 2. This plat is subject to easements and restrictions of record. I No title report furnished. 4. All properties zoned RP. Rebar TM#63-5-2 Found Hope B. Alexander Inst.#130014222 s r fk 89�2643 F D l y` n p8 6 ewer 12�2©, Fose o� ` 9x358 went Tel. Pedestal cx/ � Lot 1B /Q 12,940 sf a / /a K l 10 a /Rebar �1 t Set 1 � Z 70 1 8Rt � •� v, Rebar .� -:z' Set o / Lot 1A a/ / 12,379 sf AV / Q o� Rebar Found / h AREA TABULATION j©' EXISTING: N BR4 TM 53-5-1 25,319 SF Bg2s4 „W PROPOSED: 12..p . Lot 1A 12,379 SF TM#53-A-56C 4 Lot 18 12,940 SF Stephen C.Rud Rebar I a 789,Pg 1804 Found Subdivision of �uzH OF Lot 1 r Lauck Lots OMICHAEL M. ARTZ v Stonewall District, Frederick County, Virginia Lic. No. 1513—B Scale: l" = 20` Date: June 6, 2024 6/6/24 Present Owner. <qN p suR���0¢ Darien LLC TM#53-5-1 Inst.#240002512