HomeMy WebLinkAbout03-24 BOS Memo 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 #03-24 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 a public hearing, 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