PC 07-05-06 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
July 5, 2006
7:00 P.M. CALL TO ORDER TAB
1) Committee Reports.................................................................................................. (no tab)
2) Citizen Comments.................................................................................................... (no tab)
PUBLIC HEARING
3) Ordinance Amendment — Article VI — RP Residential Performance District, § 165-64 —
Recreation Facilities — An Amendment to enable a Waiver of Required Community Centers
in Single Family Small Lot Subdivisions.
Mr. Cheran...................................................................... (A)
PUBLIC MEETING
4) Master Development Plan #04-06 for Brookland Manor, submitted by Dewberry, to
enable the development of a 68 Unit Single Family Attached (Townhouse) Residential
Project. The properties are located on Brookland Lane (Route 658), 1,700' south of the
intersection of Brookland Lane and Valley Mill (Route 659), and are identified with
Property Identification Numbers 54-2-5 and 54-2-6, in the Red Bud Magisterial District.
Mr. Suchicital................................................................................................................... (B)
5) Waiver request of Todd Shenk for an exception of Article V Design Standards, §144-31
Rural Subdivisions, C(3) Minor rural subdivisions, of the Code of Frederick County,
Subdivision of Land, to enable family division of a parcel of land on a right-of-way less than
50 feet. The properties are located on Sherwood Pines Lane, and are identified with Property
Identification Numbers 6-8-2-1 and 6-8-2-3 in the Gainesboro Creek Magisterial District.
Mr. Cheran....................................................................................................................... (C)
FILE COPY
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAY: 5401665-4.0395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning AdministratorV
RE: Public Hearing: Ordinance Amendment — Changes to Article VI — RP Residential
Performance District, 165-64A —Recreation Facilities - Waiver of Community Centers
in Single -Family, Small -Lot Subdivisions
DATE: June 21, 2006
The Development Review and Regulations Subcommittee (DRRS), at its February 23, 2006 meeting,
discussed a request from Greenway Engineering to amend Article VI — RP Residential Performance
District, 165-64A —Recreation Facilities - Waiver of Community Centers in Single -Family, Small -
Lot Subdivisions. This proposed change to this section will allow the waiving by the Board of
Supervisors of the community center requirement for subdivisions having less than fifty (50) lots,
provided an equivalent of three age-appropriate recreational units for each thirty (30) dwelling units
can be demonstrated. The DRRS was in favor of this proposed ordinance change as presented. The
subcommittee believes that any subdivision with less than fifty (5 0) lots will still have to provide an
equivalent recreational value and would satisfy the requirement.
This section of the ordinance was recently changed to allow the community center waiver in
proffered age -restricted projects; the current amendment would include the waiver in all single-
family, small -lot subdivisions.
At their discussion of this item on April 19, 2006, the Planning Commission heard comments from Mr.
Evan A. Wyatt of Greenway Engineering who had originally initiated this request with the Westbury
Commons master development plan, an age -restricted community. Mr. Wyatt's view was that with a
single-family, small -lot development, whether it is age -restricted or traditional, the issue still remains
regarding how many units can sustain the maintenance costs of a community center. In addition, he said
he would like to have the language include the word, "pro -rated," for the equivalent recreational value;
he reasoned that without the term, the recreational equivalents could technically be the same for a five -
unit development as a 30 -lot subdivision.
A discussion ensued about whether any amendment involving simaii -11Ot subdivisions should be
considered until the Urban Development Area (UDA) Study was completed. It was suggested that if
opportunities to "water down" the requirements that come with all single-family, small -lot housing
development becomes available, then a more urbanized type of lot size is created, similar to the Urban
107 North Xent Street, Suite 202 Winchester, Virginia 22601-5000
Page 2
Frederick County Planning Commission
Re: Public Hearing of Ordinance Amendment — Community Centers
Village Concept being discussed with the UDA Study. The possibility that this might deviate from the
original concept of the single-family, small -lot unit, which was created to provide a housing type for
unique populations, such as senior citizens, was raised. Some members of the Commission still
believed the issue came down to the financial burden placed on the homeowners in small subdivisions
and the benefit of placing community centers in all 20, 30, or 40 -house developments. It was argued
that as long as the equivalent recreational units are provided, either within the development or in
recreational facilities elsewhere, it would provide a greater benefit to the residents and the County. No
action was taken by the Commission. (Commissioner Watt was absent for this item; Commissioners
Light and Ours were absent from the meeting).
At their meeting on May 10, 2006, where this item was presented as a discussion item, the Board of
Supervisors voted to send this to the Planning Commission as a public hearing item.
The current and proposed (highlighted in bold) ordinance section(s) are included for your review (see
attachment) and the staff will be available to respond to your questions.
MRC/bad
Attachments
Proposed Community Center Text Amendment
iow
§ 165-64. Recreational facilities
A. Housing types with lot sizes of less than 5,000 square feet shall provide the
following recreational units of equivalent recreational facilities for each 30
dwelling units. All such developments shall contain at least one such recreational
unit. In addition, developments containing single-family small lot housing shall
provide a community center that provides for the equivalent of three age-
appropriate recreational units for each 30 dwelling units. The facilities shall be in
a configuration and location that is easily accessible to the dwelling units that they
are designed to serve. The design and amount of facilities shall be approved by
the Planning Commission in conjunction with the Administrator and the
Department of Parks and Recreation, using the following recreational unit as a
guideline. The design of such facilities shall be approved at the time of site plan
review.
1) The Board of Supervisors may provide a waiver for the community
center requirement specified in § 165-64A in single-family small lot
subdivisions that contain less than 50 lots. This waiver may be
requested by the applicant during the consideration of the
Subdivision Design Plan if no Master Development Plan is required.
The applicant is required to demonstrate how an equivalent
recreational value of three recreational units for each 30 dwelling
units, prorated, is being provided within the project, to the County,
or a combination of both as a condition of requesting approval of a
waiver by the Board of Supervisors.
MASTER DEVELOPMENT PLAN #04-06
BROOKLAND MANOR
Staff Report for the Planning Commission
Prepared: June 16, 2006
Staff Contact: Bernard S. Suchicital, Planner I
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application.
It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/5/06 Pending
Board of Supervisors: 07/26/06 Pending
LOCATION: The properties are located on Brookland Lane (Route 658), 1,700' south of the
intersection of Brookland Lane and Valley Mill Road (Route 659).
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54-2-5 and 54-2-6
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance) Use: Vacant & Residential
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North: RP (Residential Performance)
South: RP (Residential Performance)
East: RP (Residential Performance)
West: RP (Residential Performance)
Use: Residential (Multifamily)
Use: Vacant
Use: Residential (Multifamily)
Use: Residential (Single Family)
PROPOSED USE: 68 Townhouse units on 8.83 acres. The gross residential density proposed
for this development is 7.69 dwelling units per acre.
MDP #04-06, Brookland Manor
June 16, 2006
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: The master plan for this property appears to have a
measurable impact on Route 659, the VDOT facility which would provide access to the property.
The proposed master development plan is acceptable to VDOT.
Before making any final comments, this office will require a complete set of site plans, drainage
calculations and traffic flow data from I.T.E. Trip Generation Manual, Seventh Edition for
review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way
dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to
construction on the State's right-of-way the developer will need to apply to this office for
insurance of appropriate permits to cover said work.
Frederick County Fire Marshal: Plans approved as submitted.
Frederick County Public Works: The revised MDP for Brookland Manor transmitted on May
10, 2006, has adequately addressed all of our previous MDP comments except that related to
wetlands delineation. Consequently, we will reserve our final approval until receipt of the
wetlands study.
Frederick County Sanitation Authority: 2„d Review approved.
Frederick County Inspections Department: Demolition permit is required to remove any
existing structures. No additional comments required at this time.
Frederick County — Winchester Health Department: No comment as public water and sewer
to be provided.
GIS Department: Monticello Square and Worsham Terrace have been approved and entered
into the Frederick County road naming system. Addresses will be assigned at the building
permit stage.
Department of Parks & Recreation: Plan appears to meet open space and recreational unit
requirements. A detailed plan for the proposed recreational units will be needed for review by
the Parks & Recreation Dept. staff.
Frederick County Public Schools: Based on the information provided, it is anticipated that the
proposed 69 residential townhouses will impact as follows: 21 elementary school students, 8
middle school students and 8 high school students for a total of 37 new students upon build -out.
Significant residential growth in Frederick County has resulted in the schools serving this area
having student enrollments nearing or exceeding the practical capacity for a school. The
cumulative impact of this project and others of similar nature, coupled with the number of
approved, undeveloped residential lots in the area, will necessitate the future construction of new
school facilities to accommodate increased student enrollments. The impact of this master
MDP 404-06, Brookland Manor
June 16, 2006
Page 3
development plan on current and future school needs should be considered during the approval
process.
Planning & Zoning:
A) Master Development Plan Requirement
A master development plan is required prior to development of this property. Before a
master development plan can be approved, it must be reviewed by the Planning
Commission, Board of Supervisors and all relevant review agencies. Approval may only
be granted if the master development plan conforms to all requirements of the Frederick
County Zoning and Subdivision Ordinances. The purpose of the master development
plan is to promote orderly and planned development of property within Frederick County
that suits the characteristics of the land, is harmonious with adjoining property and is in
the best interest of the general public.
B) Location
The properties are located on Brookland Lane (Route 658), 1,700' south of the
intersection of Brookland Lane and Valley Mill Road (Route 659).
C) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies
the subject property as being zoned R-3 (Residential, General). The R-1 (Residential,
Limited), R-2 (Residential, Limited), and R-3 Districts were subsequently combined to
form the RP (Residential Performance) District upon adoption of an amendment to the
Frederick County Zoning Ordinance on May 10, 1989.
D) Intended Use
The project proposes to have 68 Townhouse units on 8.83 acres. The proposal also
indicates the preservation of the historic Brook Land House on a separate 1.25 acre
historical out -lot.
E) Site Suitability & Project Scope
Comprehensive Policy Plan:
The Frederick County Comprehensive Policy Plan is an official public document that
serves as the community's guide for making decisions regarding development,
preservation, public facilities and other key components of community life. The primary
goal of this plan is to protect and improve the living environment within Frederick
County. It is in essence a composition of policies used to plan for the future physical
development of Frederick County. (Comprehensive Policy Plan, p. 1-1)
Land Use Compatibility:
The Urban Development Area (UDA) is the principal land use tool of the Frederick
County Comprehensive Policy Plan. The general purpose of the UDA is to define the
areas in the County where more intensive forms of residential development will occur. It
does this by dividing the County into rural and urban areas. The UDA was originally
MDP 404-06, Brookland Manor
June 16, 2006
Page 4
created with the intent that it would be adequate enough to accommodate long term
growth needs in areas of the County where public services are most available.
(Comprehensive Policy Plan, p. 6-1, 6-2)
The 8.83 acres contained in the Master Development Plan is part of the Route 7 East
Corridor Land Use Plan. The land use plan does call for residential on these properties.
Historic Resources:
The subject properties include the Brook Land House (#34-1148), originally built ca.
1790-1810. The outbuildings were added to the property ca. 1940, and include a brick
dairy house, concrete silo, corn crib and meathouse/rootcellar. The applicant has
expressed their intent on preserving the house for residential use, but will be removing
the outbuildings from the property.
Environment:
The subject site contains a variety of environmental features to include a perennial stream
(Abrams Creek), and steep slopes. The application proposes to incorporate the
conservation of these sensitive environmental features into the overall development plan.
The open space will contain 39.1% (1.42 acres) of environmental features.
Transportation:
Access to the subject site will be via an existing two-lane minor collector road,
Brookland Lane (Route 658), which links Valley Mill Road (Route 659) to the
development. The proposed MDP indicates that there will be 588 vehicle trips per day on
Brookland Lane.
Recreation:
Section 165-64 of the Frederick County Zoning Ordinance states the housing types with
lots of less than 5,000 square feet shall provide one recreational unit per 30 dwelling
units. The applicant has addressed this by providing two (2) tot lots for the project, as
well as an eight -foot (8') wide, 500 linear -foot (approximate) asphalt trail.
F) Issues
Staff has identified the following issues that still require attention, modification, and
clarification. These outstanding issues are as follows:
• Continuation of the five foot sidewalk along the west side of Brookland Lane to
Weathervane Drive [Section 144-18A(1) of the Frederick County Subdivision
Ordinance], that it may be appropriately linked to the Brookland Manor project
with the existing residences of Windstone.
STAFF CONCLUSIONS FOR THE 07/05/06 PLANNING COMMISSION MEETING:
This Master Development Plan (MDP) application is for 68 Townhouse units (minimum 2,000
square foot lots average 2,420 square feet) in the RP (Residential Performance) Zoning District.
The preliminary MDP for the Brookland Manor project does conform to the policies of the
MDP #04-06, Brookland Manor
June 16, 2006
Page 5
Comprehensive Policy Plan. However, Section 144-18A of the Frederick County Code requires
that sidewalks be installed along both sides of all local, collector and arterial streets. The
applicant states that the west side of Brookland Lane is too steep for said infrastructure. Staff
recommends the applicant to divert the funds from this sidewalk and reinvest it elsewhere within
the project site. The master development plan has not addressed all of staff's concerns. All of
the issues brought forth by the Planning Commission should be appropriately addressed prior to
a recommendation to the Board of Supervisors.
Following the Planning Commission discussion, it would be appropriate to forward a
recommendation to the Board of Supervisors regarding this MDP conformance with County
codes and review agency comments. All issues and concerns raised by the Planning
Commission will be forwarded to the Board of Supervisors for their consideration.
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Frederick County, Virginia Master Development Plan Applica!ipF TaJkAgc2006
APPLICATION
MASTER DEVELOPMENT PLAN
Deparhnent of Planning and Development Use only_
Date application received 6AA
Complete. Date of acceptance. _
Incomplete. Date of return. _
Application # 04
1. Project Title: Brookland Manor
2. Owner's Name: Brookland Manor LC.
(Please list the names of all owners or parties in interest)
3. Applicant: C/0 David Hol iday—gonstruction Co. Inc.
Address: 420 West Jubal early Drive, Suite 103
Winchester, VA 22601
Phone Number: (540)67-2120
4. Design Company: Dewberry
Address: 611 West Jubal Early Drive, Bldg. B,Suite
Winchester VA 22601
Phone Number: (540) 678-2700
Contact Name: David Frank
Page 11
Frederick County, Virginia Master Development Plan Application Package
APPLICATION cont'd
MASTER DEVELOPMENT PLAN
5. Location of Property: Brookland Land off Valley Mill Road
Red Bud District
6.
7.
Frederick County, Virginia
Total Acreage: 10.5369 Acres
Property Information:
a) Property Identification Number (PIN):
b) Current Zoning:
c) Present Use:
d) Proposed Uses:
e) Adjoining Property Information:
GRIN. 817292. 348500
RP
Vacant/Residental
Residental/Townhouse
Property Identification Numbers
North GPIN. 818323159200
South GPIN. 819106876500
East DB. 681/PG.674
West GPIN. 816297200400
fl Magisterial District:
8. Is this an original or amended Master Development Plan?
Original x Amended _
Property Uses
Residental/Open Spaces
Vacant
Open Space
Open Space
Red Bud
I have read the material included in this package and understand what is required by the Frederick
County Department of Planning and Development. I also understand that the master development
plan shall include all contiguous land under single or common ownership. All required material will be
complete prior to the submission of my master development plan application.
Signature -
Date:
Page 12
MEMORANDUM
TO: Frederick County Planning Commission
COUNTY of FREDERICK
Department of Planning and Development
FROM: Mark R. Cheran, Zoning and Subdivision Administrator
RE: Waiver Request — Todd Shenk
DATE: June 21, 2006
546/665-5651
FAX: 540/665-6395
Mr. Todd Shenk is requesting a waiver of Chapter 144-32 (3) of the Subdivision Ordinance
requirement to enable a family subdivision of land on a right-of-way less than 50 feet. The property
is located on Sherwood Pines Lane in the Gainesboro Magisterial District, and is identified by
Property Identification Numbers 6-8-2-1 and 6-8-2-3. Mr. Shenk has stated the reason for the waiver
request is to provide relief from a 50 foot right-of-way; a current 20 foot right-of-way provides
access to the properties where these proposed family lots will be located. This waiver would enable
the creation of two (2) family lots as deeded to Mr. Shenk's wife and daughter as noted on the
affidavits included in your agenda. Your agenda includes letters from adjoining property owners; one
letter opposed to Mr. Shenk's waiver request and three letters in support.
This proposed driveway access right-of-way is illustrated on Exhibit `A'. The proposed plats are
illustrated on Exhibit `B'
A recommendation from the Planning Commission to the Board of Supervisors is requested.
MRC/bad
Attachments
107 North Rent Streei, Suite 202 - Winchester, Virginia 2260--5000
Frederick Counly Dept of
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Planning 8 Development
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Frederick County Dept of
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107 N Kent St
Winchester, VA 22001
www. CO. FREDER I C K. VA. U 5
1. Applicant:
COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street ! Winchester, Virginia 22601-5000
Telephone: 540/665-5651 FAX: 540/665-6395
WAIVER/EXCEPTIONS REQUEST APPLICATION
Name: Todd Shenk
Address: P.O. Box 3927, Winchester, VA 22604
2. Property owner (if different than above):
Name:
Address:
3. Contact person (if other than above):
Name:
Telephone: 323-3340
Telephone:
Telephone:
4. Waiver request details (include specific ordinance requirements to be waived):
11 u u width • .. -• driveways ha he 50'Approximately 511 of r- - �. .�
of 1 .- the remaining •II 1 •- -
•.- required when cr-eating. family lot•• •n per 165-54.13-4
Property Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers): From Route 522 North
turn east onto Route 695 (Middle Fork Road) and then right onto Sherwood Pines Lane
6. Parcel Identification/Location: Parcel Identification Number 6-(8)-2-1 & 6-(8)-2-3
Magisterial District: Gainesboro
7. Property zoning and current use: Zoned: RA
Current Use: Residential and Agriculture
District
8. Attachments: Adjoining Property Owners List V, Existing/recorded and
Proposed Plats
OFFICE USE ONLY: Fee: $500 enclosed: Receipt #: 0 D
9. 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.
William and Joan Whitacre
Address 2333 Whitacre Road, Cross Junction, VA 22625
Property ID # 6-(A)-67 and 7-(A)-8
Roger and Carol Crosen
Address g
110 HuntingRidge Road, Winchester, VA 22603
Property ID # 6 -(A) -80B
Thomas and Carol O'Brien
Address 198 Sherwood Pines Lane, Cross Junction, VA 22625
Property ID # 6-(4)-4
Michael and Mary Green
Address 240 Sherwood Pines Lane, Cross Junction, VA 22625
Property ID # 6 -(A) -70B
Richard Jarrell
Address 245 Sherwood Pines Lane, Cross Junction, VA 22625
Property ID # 6-(7)-1
Charles and Nancy Manning
Address 1293 Collinsville Road, Cross Junction, VA 22625
Property ID # 6 -(A) -70A
Hugh and Ella Brannon
Address 208 Middle Fork Road, Cross Junction, VA 22625
Property ID # 6-(A)-69 and 6-(A)-71
Michael and Ruth Boden
Address 142 Grasshopper Lane, Clearbrook, VA 22624
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
- Page 2-
mol. / �' !! 1 •'
DATE June 20, 2006
Todd D. Shenk 262 Sherwood Pines Ln
I, of (address)
Winchester, Virginia 22603 , affirm that I am the owner
of a certain parcel of land identified as (GPIN) 6-(8)-2-1
on the Frederick County tax map and is located along or near Route
(nearest public road) Route 695
I hereby affirm that I am familiar with the prerequisites of
Section 15.1 - 466 A. 12. and 13. of the Code of Virginia and the
requirements and provisions of 165-54 B., Chapter 165, Frederick
County Code, Zoning Ordinance; and 144-15, 144-31 C. and 144-39,
Chapter 144, Frederick County Code, Subdivision Ordinance. I will
convey by deed legally authorized portions of the above identified
property to the following immediate family member(s) as defined in
the Code of Virginia, Section 15.1 - 466 A. 12., 1950, as amended.
NAME RELATIONSHIP AGE(IF CHILDREN)
Lee Ann M. Shenk Wife 6.0 acres
I further affirm that this division of land is for the
accommodation and use of the listed family member(s) and will not
be used to circumvent the applicable subsection of the Code of
Virginia, and that I have not previously conveyed a lot to this
family member under paragraph 165-54 B., Chapter 165, Frederick
County Code, Zoning Ordinance.
STATE OF VIRGINIA
COUNTY OF FREDERICK
Property Owner (Grantor)
I, i ru A, x ci ✓i a notary public in and for the
state and county aforesaid, do hereby certify that this day
-Tc�Cw >. 5 C=� L , personally appeared before me and
acknowledges the above affidavit dated -�Z_0 - 2 of '
that affirms division of land under the family division procedure.
Given under my hand thisZM-L- day of ,���,1 .C- , 20 0 (-c .
Notary Public
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curb Rt, 694
PRC 6o�d//R000, Stored/ \ VICINITY "=0 AP
FINAL PLAT OF
A FAMILY SUBDIVISION ON THE LANDS OF
TODD D. SHENK
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
JUNE 21, 2006
OWNERS CERTIFICATE
THIS MINOR RURAL SUBDIVISION SURVEY OF THE LAND OF TODD D. SHENK AS APPEARS ON THE ACCOMPANYING
PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS,
PROPRIETORS, AND TRUSTEES, IFANY.
COMMONWEAL TH OF VIRGINIA
CITY/COUNTY OF
BEFORE ME THIS DAY OF
PRINTED OWNER
SIGNATURE - TODD D. SHENK
TO WIT: THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED
1206, BY:
PRINTED NOTARYPUBLIC SIGNATURE /VOTARYPUBLIC
MY COMMISSION EXPIRES
SURVEYORS CERTIFICATE
I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS FAMILY SUBDIVISION SURVEY IS A PARCEL
OF THE LANDS CONVEYED TO TODD D. SHENK, BY DEED FROM FRANK V. SHERWOOD, JR & BEVERLYJEAN
SHERWOOD, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE INDEED BOOK 948 ON
PAGE 212 DATED SEPTEMBER 24, 1999, AND FROM BETSY G. SHENK INDEED BOOK 967 ON PAGE 613
DATED JUNE 1, 2000.
GARY R. OA TES, LAND SURVEYOR
PARENT TRACT APPROVAL
PARCEL 6-(8)-2-3
10. ACRES
ZONED:RA FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE
I
U GARY R. OATES v
No. 1518-B
Engy XHI 1T gi10
VIRGINIA DEPARTMENT OF HEALTH
VIRGINIA DEPARTMENT OF TRANSPORTATION
�'�!',;�, Greyftlfe, Inc.
Land Surveying and Consulting
�a
DRAWN BY: GRO FILE NO: 0175
DATE
DATE
1073 Redbud Road
Winchester, VA 22603
GreyWolfelnc@aol.com
540-6674001 OFC
540-545-4001 FAX
SHEET 1 OF 3
NOTES
1, AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC,
2. BASIS OF MERIDIAN IS PLAT OF RECORD IN DEED BOOK 760 ON PAGE 580 8Y THOMAS A. SHOCKEV, LS.
3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST
THAT ARE NOT SHOWN ON THIS PLAT.
4. THESE PARCELS ARE LOCATED ON F.I. R. M. COMMUNITY PANEL - No. 510063 0050 B - IN FLOOD ZONE 'C' AREAS
OFMINIMAL FLOODING.
5. GRADING AND LOT DRAINAGE IS THE RESPONSIBILITY OF EACH LOT OWNER.
6. THIS SUBDIVISION IS IN ACCORDANCE WITH THE PROVISIONS OF §165-54B, FAMILY DIVISION LOTS, OF CHAPTER
165 OF THE FREDERICK COUNTY CODE. THE GRANTOR, TODD D. SHENK (FATHER), IS PROVIDING THE LOT TO
STEPHANIE D. SHENK (DAUGHTER).
AREA TABULATION
PARCEL USE ZONED AREA
6-(8)-2-3 RES. RA 8.362 ACRES
6-(8)-2-5 (NEW) RES. RA 2.138 ACRES
TOTAL 10.500 ACRES
ABBREVIATIONS
AGR. = AGRICULTURAL PG = PAGE
B.R.L. = BUILDING RESTRICTION LINE
DS = DEED BOOK p -WELL =PROPOSED WELL LOCATION
DIF = DRAINFIELD RES. = RESIDENTIAL
ESMT = EASEMENT R. 0. W. = RIGHT OF WAY
EX. = EXIS77NG O = PROPERTY CORNER FOUND
IPF = IRON PIPE FOUND Q = 5/8" IRON ROD SET
IRF = IRON ROD FOUND W/ PLASTIC CAP
VIRGINIA DEPARTMENT OF HEALTH NOTES
THIS SUBDIVISION IS APPROVED FOR INDIVIDUAL ONSITE SEWAGE DISPOSAL SYSTEMS IN
ACCORDANCE WITH THE PROVISIONS OF THE CODE OF VIRGINIA, AND THE SEWAGE HANDLING
AND DISPOSAL REGULATIONS (12 VAC 5-610-10 ET SEQ,, THE "REGULATIONS ).
THIS SUBDIVISION WAS SUBMITTED TO THE HEALTH DEPARTMENT FOR REVIEW PURSUANT TO
SECTION 32.1-163.5 OF THE CODE OF VIRGINIA WHICH REQUIRES THE HEALTH DEPARTMENT TO
ACCEPT PRIVATE SOIL EVALUATIONS AND DESIGNS FROM AN AUTHORIZED ONSITE SOIL
EVALUATOR (AOSE) OR A PROFESSIONAL ENGINEER WORKING IN CONSULTATION WITH AN AOSE
FOR RESIDENTIAL DEVELOPMENT. THE HEALTH DEPARTMENT IS NOT REQUIRED TO PERFORM A
FIELD CHECK OF SUCH EVALUATIONS. THIS SUBDIVISION WAS CERTIFIED AS BEING IN
COMPLIANCE WITH THE BOARD OF HEALTH'S REGULATIONS BY SYDNEY MASON ALLEN III, AOSE
#114. THIS SUBDIVISION APPROVAL IS ISSUED IN RELIANCE UPON THAT CERTIFICATION.
PURSUANT TO SECTION 360 OF THE REGULATIONS THIS APPROVAL IS NOT AN ASSURANCE THAT
SEWAGE DISPOSAL SYSTEM CONSTRUCTION PERMITS WILL BE ISSUED FOR THIS LOT UNLESS
THE LOT IS SPECIFICALLY IDENTIFIED AS HAVING AN APPROVED SITE FOR AN ONSITE SEWAGE
DISPOSAL SYSTEM, AND UNLESS ALL CONDITIONS AND CIRCUMSTANCES ARE PRESENT AT THE
TIME OF APPROVAL.
THIS SUBDIVISION APPROVAL IS ISSUED IN RELIANCE UPON THE AOSE CERTIFICATION THAT
THE APPROVED LOT IS SUITABLE FOR AN ONSITE SEWAGE DISPOSAL SYSTEM; HOWEVER,
ACTUAL SEWAGE DISPOSAL DESIGNS MAY BE DIFFERENT AT THE TIME SEWAGE DISPOSAL
SYSTEM CONSTRUCTION PERMITS ARE ISSUED.
FINAL PLAT OF
TFi OF A FAMILY SUBDIVISION SURVEY
0'1,r ON THE LANDS OF
�2 1 UUU U. SHj %/vA
O GAINESBORO MAGISTERIAL DISTRICT
U GARY R, OATES ➢ FREDERICK COUNTY, VIRGINIA
No. 1518-B
1073 Redbud Road
GreyWolfe, Inc. Winchester, VA 22603
qNp S�Rv�yO (^+Land Surveying and Consulting Gm
540-667-2001 OFC
540-545-4001 FAX
FILE NO: 0179 DATE: JUNE 21, 2006 SCALE: N/A SHEET 2 OF 3
200' _ 0' 200'
\ j�6oT GRAPHIC SCALE
t \ GTF69s 6-(A)-67
WILLIAM LEE &
/ \ O 1/z "IRF JOAN F, WHITACRE
\ DB 854, PG 378
�a ZONED: RA
so, USE: ORCHARD'
1126 ACRES
60
7-(A)
f f
Jm 60 \ s�� zo9. 7-(A) 8
--
i -- V l e \ `�s� F, WILLIAM LEE &
v �\ JOAN F. WHITACRE
5(8)-2-2 �l e ( I �� DB 854, PG 378
MICHAEL R. & d O' \ / ZONED: RA
RUTH C. M. BODEN '� \ USE: WOODLANDS
INST #040009639 �, 50'BRL HOUSE 140 ACRES
ZONED: RA L— _
-USE: RESIDEN77AL ` 119 N80°4630 „�
15 ACRES r _ 50'BRL o 8.362 A
\ 6 (8J 2 3 \ EX. DIF,--_ PIPE
_ _ } l C. ✓oo FOUND
6-(8)-2-5
2.138 AC,
4!
E '-- E m ,
50'BRL �o
1/ "IRF ' ti I SO'BRL E .
1/z "IRF ��� p z 300, 00, — —� 5 6 -(A) -80B
6-(4)-4 BO4630„ /
THOMAS & CAROL OBRIEN �� W OI CAROL 0.. CROSEN
INST #050027834 / /z 'IRF DB 779, PG 81
ZONED: RA
USE.- RESIDENTIAL ZONED. RA 15 ACRES USE: RESIDENTIAL/
/ 114 ACRES
A WAIVER OF SUBDIVISION ORDINANCE
1 O' 123 144-31, C-3 REQUIRING A 50' RIGHT OF WAY TO
68.2 A STATE ROAD WAS GRANTED BY THE BOARD OF
SUPERVISORS ON 2006
0
~ m
(� o
N
78.4'� -
SCALE: 1 "=100'
PROPOSED
DRAINFIELD
DIMENSIONS
P -WELL
60.0' 6.
FINAL PLAT OF
�P-TH oF(� A FA MIL Y SUBDIVISION SURVEY
ON THE LANDS OF
cr2 TODD D. SHENK
O -a GAINESBORO MAGISTERIAL DISTRICT
u GARY R. OATES D FREDERICK COUNTY, VIRGINIA
No. 1518-B
1073 Redbud Road
<' �� GreyWolfe, Inc. W%nchester, VA 22603
gti0 SURv�AO _L vfLand Surveying and Consulting GreyWo/felnc§ao%cam
540-667-2001 OFC
540-545-4001 FAX
FILE NO: 0179 DATE: JUNE 21, 2006 SCALE: 1 "=200' 1 SHEET 3 OF 3
Letter of Acknowledgement
This letter is an acknowledgement that we have been approached by
Todd Shenk who -requested that we grant 30 additional feet of road
easement from the end of his driveway to Middle Fork Road. The road
is currently a 20 foot well maintained right of way known as
Sherwood Pines Lane. This road more than adequately serves the traffic
of several homes already, and numerous vehicles that pass through from
Reynolds Road to Middle Fork Raod.
We do not wish to grant the easement because the road has been in existence
a very long time, and even served as a public right of way many years ago.
We have orchard Operations on both sides of the existing right of way, and we
are concerned that a future owner may want to widen the road, and cause ass to
lose valuable orchard space and trees,
We feel a variance is more apprOpriate in this case since we plan to continue
orchard operations, and the family lots owned by Mr. Shenk are the only
property along Sherwood Pines Lane that have the acreage for additional
by right lots.
Therefore, we are denying the request by Mr. Shenk for a wider and unnecessary
right of way, and requesting that the planning commission and Board of Supervisors
grant him a variance for his family lots.
Sincerely,
Hugh l� ���,
annon
13juae, A,���
Bruce Brannon
Letter of Support
To: Frederick C-ounty Board of Supervisors
and Planning Commission
We are writing this letter as adjoining property owners to the property
of Todd Shenk in the Reynolds Store area. We have been informed that
Mr. Shenk would like to create two "by right" family lots on his property
which meet the acreage required for subdivision as such. It is also our
understanding that due to a technicality of a 50 foot right of way requirement,
he is being asked to seek a variance to allow the last 300 plus or minus
feet of the old state road which is only a 20 foot right of way to be allowed
as egress to these lots. I see no reason to not support Mr. Shenk's request for this
variance since he is only seeking to do what he could reasonably do anywhere else
in Frederick County without such a variance, and also due to the fact that two
additional family lots, if ever built upon, would not significantly impact the
traffic on this well maintained right of way.
Creation of two family lots in this area will not adversely affect traffic
and there is no other reason to not support this request. We are therefore voicing
our support of Mr. Shenk's request for a variance, and ask that you please
approve his request for a right of way variance.
Thank you,
Michael and Ruth Boden
Property Owners, Tax Map 6-8-2-2
Letter of Support
To: Frederick County Board of Supervisors
and Planning Commission
I have been informed by Todd Shenk that he plans to create two family
lots on his existing property, off of two existing lots that are in excess
of 10 acres each. I understand that he has the right to create these lots under
Frederick County's current family subdivision guidelines.
However, I also understand that Mr. Shenk is being asked to seek a variance because
Sherwood Pines Lane is only a 20 foot right of way, and not the normally required 50
foot right of way. I see no issue with granting a variance for Mr. Shenk in this case for
several reasons.
# 1. Sherwood Pines Lane used to be a state road, and supported public traffic
with no problems, and still supports the traffic of more than 200 vehicles
a day when Mr. Shenk's Christmas Tree Farm is open for business.
# 2. Mr. Shenk is currently the one who maintains this road when needed, and even
has a document on file at the county court house that states that he will
maintain Sherwood Pines Lane in a safe and passable condition.
# 3. The normal year round traffic on Sherwood Pines Lane is very light
except for three or four weeks prior to Christmas.
# 4. The lots proposed by Mr. Shenk would most likely impact the North end
of Sherwood Pines Lane which would not pass the driveways of any other
homes currently on Sherwood Pines Lane.
I want to add my support for Mr. Shenk's request for a variance, and ask
that you please approve.
Thank you,
Clarance Powers
Property Owner Sherwood Pines Lane
Letter of Support
To; Frederick County Board of Supervisors
and Planning Commission
I am writing this letter in support of Todd Shenk's request for a variance.
I understand that he is planning to create two "by right" family lots. However,
he is being required to get a variance for the last 300 feet of road from his driveway
to Middle Fork Road. There are no driveways on the last 300 feet from Mr. Shenk's
driveway to Mddle Fork Road, and I do not see where the possibility of two additional
lots will cause any significant traffic change on this road. I am an adjoining property
owner to one of Mr. Shenk's lots, and I see no impact at all to anyone along Sherwood
Pines Lane to the South of Mr. Shenk's property such as myself.
Please approve Mr. Shenk's request for variance.
anks,
Richard ell