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Home My WebLink About04-09 Waiver Bonnie Triplett 6.157 Acres 2 Lots Shawnee - BackfileWAIVERS/EXCEPTIONS TRACKING SHEET OPEN FILE: 0 File opened gD Reference Manual updated a D-base updated Location maps requested from Mapping Dept. p Adjoiner list given to Planner Application Action Summary updated ACTION a/ Planning Commission Meeting,�. f 1 f !J Board of Supervisors Meeting CLOSE FILE: Approval (or denial) letter mailed to applicant, copy to file and other cc's File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated Application Action Summary updated Sys ID # 0 00 a� 03 c CE a N N N >~ > y S-.� � IIII 1r1 cn Vl DATE, f _ NO. RECEIVED FROM��Cc l ' �, ADDRESS j CCC4t'A.(?c.`1—f i c `i,''!''tC,k.C.�� .�;R DOLLARS 'JFOR RENT \ ^4 J FOR. '�r 1C_ :> i t 1 Y.R ' (# AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER BY �./ . o 100000572 `n En tT FAMILY DIVISION of A.C. Triplett, Jr. Property A.C. Triplett, Jr. as trustee for the Asbury C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 TM #64-A-174 Instrument #070019084 - Parcel 3 September 30, 2009 Shawnee District, Frederick County, Virginia I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby subdivided is in the name of A.C. Triplett, Jr. as trustee for the Asbury C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 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 V OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein subdivided is Parcel 3 of the land acquired by A.C. Triplett, Jr. as trustee for the Asbury C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 by deed dated December 20, 2007 and recorded in Instrument #070019084. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This Subdivision as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's Offr of Frederick County, Virginia. A.C. Triplett, Jr. as trustee for the AsburfC. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007. NOTARY CERTIFICATE: �• r .;:;..: Yhyli a6� STATE OF VIRGINIA; CITY O F rrfedetrlGk to -wit: �' J •• The foregoingp owners consent and dedication was acknowledged before me this '/.r 51-h day of No�/ernb[r 20 0.1_• = 2 =s nn� vO A, My commission expires Feb 211.20i2 !l f/ � '� ' :�OIYY10?/ t� eAiS f7� ffdn # 2A6 /e 6 Notary Public :^ i. � J rri Aso .• CERTIFICATE OF APPROVAL This Subdivision is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date ck- ty Subdiv' 'on Administrator date Winchester- Frederick County Health Department dod Virginia Department of Transportation SHEET 1 Notes: 1. Boundary shown hereon was determined by a field run survey performed by Artz do Associates on April 11, 2002. 2. This plat is subject to easements and restrictions of record. 3. No title report famished. 4. All properties zoned RA. Adjoining acreages taken from public record. 5. The 2.000 Ac. family lot is a family conveyance from A.C. Triplett, Jr. (grandfather) to Amanda Spicer Henry (granddaughter). 6. The Lots shown hereon may be subject to future right—of—way acquisition for the proposed Route 37 Eastern Bypass per the current Frederick County Comprehensive Plan. 7. Drainfieki sites and wells shown hereon were located by Barry R. Hadley, AOSE 11940000096. See Sheet 3. + Rebar N 64'42'43" E Rebar Rebor Found 15.18 Found Found Point Found 64'42'43 E N 63'15 31" E 251.92' 15.0' 147,39' D z N 50' BRL �� w QQ a4 S-10OG"d O ao I I r"°, $? I I W I; a Residue + N� o ' 3.806 Ac. c -Rebar Rebar + Found 1 Rebor N $6 f E Found I Point k133. 11065 + c Point Airport Rd —L Z 0 "TReba�r existe_ll .69Set E N 5531'S1" 601448 E 170 3g18A00. � II I I 100.46w 1 I "! Rebar _ 50_ BRL's = a ba 50' BRL z Set — — i — rn w r rr (182.37' t w I (156.93 )-- r Rebar ` I i)1065 Rebar S 60'14'48" W ` QD"t I arp rtI Found Set o I I Ln TM #64-A-175 -v ca • 1 o CA Brenda Susan Triplett o� ,' i 01 exist well I #000019674 0' I IrpA o 1 25.i Fami I Lot I" m 2.00 Ac. I _ 50' BRL N N Rebar Found (201.62') Point S W14'48" W 226.66' Rebar Found + + TM #64-A-177C Road Dedication #08000845 to County 0. 3 51 A C Frederick 5.038 ac. , Final Plat, Falmil Division A.Ce Tr!piiflett, Jr. Property5hawnee Districtederick Count Virginia Scale: I :100' Date: September 30, 2009 Rev:1/15/10 Present Owner: Ar A.C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 TM #64-A-174 Inst. #070019084 - Parcel 3 Project 122314 TM #64-A-159C Winchester Regional Airport Authority DB 781, Pgg 1427 8.46 Ac. Rebor Found Rebar Found Lt = N 34 03'07" W 0.12' I AREA TABULATION EXISTING: TM /64-A-174 6.157 AC. PROPOSED: Residue 3.806 AC. Family Lot 2.000 AC. Dedication 0.351 AC. rtA.t�H OF. MICHAEL M. ARTZ> Lic. No. 1513-B /15 A r-) 1 TM #64-A-173 ` A.C. Triplett, Jr., 1 Trustee #070019084 — Parcel 4 1` 0.8 cc. 1 �1065 exist. well 1 Airport Rd. 1 ' 1 Rebar Set E 1 Rebar gT,35 1 Set 1� a 0 111 v y o 1 INC. 1 w lI� 1` 1 UNE BEARING DISTANCE L2 S 15'33'29" W 74.81 L3 S 41' 15 08 E 70.76 L4 F 53-30 40 E 110.05 U N 3T0518 W 80.00 L6 N 5754 42 E 26.44 L7 S 37*0518 E 80.00 L8 I S 5754 42 W 26.44 L9 I S 61.55 57" E 21.14 1.10 N 84 09 14 E 101.42' r. Residue Reber Found 3.806 A c. G� l8 N 5531'51" E 10'415 Reber .01 L12 Set pF L14 L I5 I Family Lot 2.000 Ac. Reber Found #1065 Airport °`° 5 TM #64-A-175 Brenda Susan Triplett #060019674 L1 22 ac. exist. well UNE BEARING DISTANCE 11-11 1 N 3918 26 W 48.00 L12 1 N 55732 04 E 100.00 L13 IS 36'14 44 E 48.00 L14 IS 55'32 04 W 99.95 L15 N 80'24'38" E 121.20' L16 S 16'.12 06 W 92.45 L17 N 56'52 42 E 70.11' L18 I N 33'0718 W 60.26 Detail of Wells and Drainf ields Family Division of the A.C. Triplett, Jr. Property Shawnee District, Frederick Counttyy, Virrgginia Scale: I" = 50' Date: September 30, 2009 Rev.1/15/10 Present Owner: A.C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 TM #64-A-174 Inst. #070019084 N Parcel 3 Project #22314 �'�PLTH OF MICHAEL M. ARTZ> Lic. No 15 3—B 60q� ND SU10099 Laverse with Area pntNo • Bearing - Distance- Northing pp 4429.35 N 33007118" W.463.47 pp 4817.52 N 34003107" W 247.20 pp 5022.33 N 640421430 E 15.18 pp 5028.81 S 34003107" E 244.94 ?P 4825.87 N 56008132" E 10.00 ?p 4831.44 S 34003107" E 0.12 ?P 4831.35 S 33007118H E 465.15 ?P 4441.78 S 600141480 W 25.04 ?P 4429.3 S 7losure Error Distance> 0.0000 Cotal Distance Inversed> 1471.10 area: 15300.3 S.F., 0.3512 Acres Thu Oct 29 11":11 2C Easting - Station Desc 3543.67 0.00 C! 3290.42 463.47 CD (A to 3152.00 710.67 3165.73 725.85 3302.88 970.79 3311.18 980.79 3311.25 980.91 3565.41 1446.06 3543.67 1471.10 Page 1 of 1 AFFIDAVIT FOR FAMILY ]DIVISION DATE 11 I 1 G 'yT L70NIV,� L its �� of (address) 11-03 A, m r &r+o JA ZZw , affirm that I am the owner of a certainparcel of land identified as (PIN) (A - A - P ¢ on the Frederick County tax map and is located along or near Route (nearest public road) Rev e' 645 (A,zvaer l-D) I hereby affirm that I sin fa,niliar with the prerequisites of Section 15.2 — 2Z44 of the Code of Virginia. 1950, as amended, and the requirements and provisions of 165-54 B„ Chapter 165, Frederick County Code, Zoning Ordinance; and 144-15, 144-3.1 C, and 144-34, Chapter 144, Frederick County Code, Subdivision: Ordinance. 1 will convey by deed legally authorized portions of the above identified property to the following immediate family member(s). The family member recipient ofthis family tot realises that they must maintain ownership of this: land for a pariod of at least five (5) .years from the date the family lot was created. This Affidavit shall be recorded with the family dixiaiou plats. NAME RELATIONSHIP AGE (IF CHMDREN) ACREAGE ANkMh)q Lowi HEN' y Gur.holy G x 3(o z. o I further affirm that this division of land is for the accommodation and use of the listed family member(a) 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 1.65-54 B., Chapter 165, Frederick County Code, Zoning Ordinance. --7 property Owner (Grhlator) STATE OF VIRGINIA COUNTY OF FREDERICK I, N n na. L . Me.l tso , a notary public in and for the State and County aforesaid, do hereby certify tbat:this day, personally appeared before me and acknowledges the above affidavit dated WWeM Wer I l,, Zoo q that affirms division of land under the family division procedure. Given under my hand this Ito +4, day of Mayen be r , 20 Notary Public My commission expires _ Fe b _ ?A 20 EU so ., VIRGINA: FREDERICK COUNTY, SCT, This buhvment of waiting was to me on 0 pnxh=d •••�... 1- 26-12 �� ••�. at :.ad with certificate of admowAedgement thereto immwdn1u vas 'tted to record. Tarr imposed by Sea S&I.802 of sl and 38.] 8011mve been paid, itaaeeaaabk Clerk v N 100004877 THIS DEED, made and dated this cf % day of _ e22I!9 f 2010, by and between BONNIE L. TRIPLETT, Successor Trustee of the Asbury C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007, hereinafter called the Grantor; and JAMES J. HENRY, III and AMANDA LEIGH HENRY, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of title unto the Grantees, as tenants by the entireties with common law right of survivorship, the following property: All of that certain tract or parcel of land, containing 2.000 acres, more or less, situate South of Winchester, Virginia, on Airport Road, in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described on the plat and survey by Michael M. Artz, L.S., entitled "Final Plat, Family Division of A. C. Triplett, Jr. Property", dated January 15, 2010, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No, 100000572; AND BEING the same property conveyed by A. C. Triplett, Jr. to A. C. Triplett, Jr., as Trustee, by deed dated December 20, 2007, of record in the aforesaid Clerk's Office as Instrument No. 070019084 (a portion of Parcel Three); the said A. C. Triplett, Jr. died on June 6, 2009, and his spouse, Bonnie L. Triplett accepted appointment as successor Trustee under the Asbury C. Triplett, Jr. Revocable Trust Agreement dated December 20, 2007. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: a moOaV F. NUTCHINSON ATTORNEY AT LAW 124 S. EW ADOOOK ST. VNCME8TER.VA22601 OREOOAY P. HUTCMIIYEOM ATTOF ATLAW I M4 B. BRAOOOCK BT. %INCHEBTEA. VA 9e i A. C. Triplett, Jr. Revocable Trust Agreement, dated November 16, 22007 By: (SEAL) BONNIE L. TRIPLETT, Successor Trustee STATE OF VIRGINIA, CITY/GQJ.A Y OFG-,�c.CE3rcP , to -wit: The foregoing instrument was acknowledged before me in my City/County and State this -P 7 day of /Y7T , 2010, by Bonnie L. Triplett, Successor Trustee of the A. C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007. My Commission Expires: ,.+. DEERA O. DOVE Notary PublIc OTARY PUBLIC CommonweaHh of Vlrgirda 166171 MY Comrnts6lon Expires Dee 31, 2010 9'. ' /9dde ess VIRGINIA: FREDERICKCOUNTY.SC . This instrument of writing was produ d to me on and with certificate acknowledgement thereto annexed was admitwd to record. Tax impose by Sec. 58.1-M of $ _.l i:.eL=� and 58.1-801 have been paid, if assessable. �i�eaeK �� Qetk 0 t�s rn 0 cK Co SUBDIVISION REQUEST #04-09 41 °tea BONNIE TRIPLETT Staff Report for the Board of Supervisors Prepared: November 2, 2009 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission 10/21/09 Recommended approval Board of Supervisors: 11/18/09 Pending LOCATION: The property is located at 1065 Airport Road, on the north side of Airport Road (Route 645). MAGISTERIAL DISTRICT: Shawnee EXECUTIVE SUMMARY FOR 11/18/09 BOARD OF SUPERVISORS MEETING: The applicant has requested a waiver from Section 144-24 B of the Frederick County Code (Subdivision) to allow a 4.157 acre parcel to be created with a road frontage less than 250 feet, and lot area less than five acres for both parcels. The Planning Commission voted unanimously to recommend approval after they were assured that a disclosure note regarding the proposed future Route 37 Bypass will be placed on the final plats, along with the 25 foot roadway dedications and easements on the drainfields. Staff is seeking Board approval of three actions taken by the Planning Commission: Recommendation from the Planning Commission regarding reduction of 250 foot public road frontage of the 4.157acre lot. • Recommendation from the Planning Commission regarding administrative approval authorityfor lots less than five acres in lot area, and density less than one dwelling unit per five acres. • Recommendation from the Planning Commission regarding administrative approval authorityfor a two lot subdivision. Subdivision Request #04-09, Bonnie Triplett November 2, 2009 Page 2 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. LOCATION: The property is located at 1065 Airport Road, on the north side of Airport Road (Route 645). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-174 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Winchester Airport Use: Residential Use: Residential Use: Residential SUBDIVISION SPECIFICS: Subdivision of 6.157 acres into two parcels of 2.0 acres and 4.157 acres for family division. REVIEW COMMENTS VDOT: No Comments Fire and Rescue: N/A Sanitation Authority: No Comments Subdivision Request #04-09, Bonnie Triplett November 2, 2009 Page 3 Staff Review: This property was zoned A-2 (Agriculture, General) when Frederick County adopted zoning in 1967. The zoning changed from A-2 (Agriculture, General) to RA (Rural Areas), in 1989. This request is for subdivision of 6.157 acres into two (2) parcels of 2.0 acres, and 4.157 acres to settle a trust for the applicant. There are currently two (2) dwellings located on this property; this proposed subdivision will allow these dwellings to stand on separate tax parcels. These parcels are located outside the Sewer Water Service Area (SWSA) but will be located within Airport Support Area, and proposed future Route 37 by-pass is planned to cross this property as indicated by the 2007 Comprehensive Policy Plan of Frederick County. . Requested Waivers: The applicant has requested a waiver from Section 144-24 B of the Frederick County Code (Subdivision) which addresses lot size, lot area, and density in the RA zoning district. This waiver will allow a 4.157 acre parcel to be created with a road frontage less than 250 feet. Two parcels will be created with a lot area less than five acres, and density less than one dwelling unit per five acres. STAFF RECOMMENDATIONS FOR 10/21/09 PLANNING COMMISSION MEETING: Staff is seeking three actions: Recommendation from the Planning Commission regarding the reduction of less than250 foot of public road frontage of the 4.157 acre parcel. Recommendation from the Planning Commission regarding administrative approval authority for lots less than five acres in lot area, and density less than one dwelling unit per five acres. • Recommendation from the Planning Commission regarding administrative approval authorityfor a two lot subdivision. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/21/09 MEETING: Commission members had several comments for the staff and the applicant regarding the plats. They asked about the omission of a 25-foot right-of-way dedication on the 30-foot prescriptive easement; they inquired if there would be easements on the drainfields; and, they asked if the proposed future Route 37 Bypass should be shown on the plat or a written narrative to disclose the location for future property owners. A Commissioner also inquired if the applicant realized the family subdivision lot could not be sold for a number of years according to the family subdivision requirements of the county code. Mr. Evan Wyatt with Greenway Engineering was present to represent the Triplett Trust. Mr. Wyatt explained that due to the passing of Mr. Triplett, Mrs. Triplett is in the process of settling the trust and is providing properties to the various family members. He said there is a 6.15-acre parcel with two dwellings; he said one dwelling existed when the Tripletts purchased the Subdivision Request #04-09, Bonnie Triplett November 2, 2009 Page 4 property and the other was constructed in the early 70s. He said the lot with two residential units is considered to be legally nonconforming. Mr. Wyatt said they are attempting to make at least one of the homes in conformance with ordinance standards and in doing so, they created the two - acre family lot and with the residual parcel, they were able to keep a 50-foot building restriction line. Mr. Wyatt said they fall short with the size of the residual lot and the frontage requirement. Mr. Wyatt stated that a disclosure note regarding the proposed future Route 37 Bypass will be placed on the final plats, along with the 25-foot roadway dedication and easements on the drainfields. Mr. Wyatt added that Miss Henry, the recipient of the family subdivision lot, understood the land could not be sold for a number of years. There were no public comments. The Planning Commission was satisfied that all their concerns had been addressed. The Planning Commission voted unanimously to recommend approval of Subdivision Request #04- 09 of Bonnie Triplett to create two lots consisting of 2.0 acres and 4.157 acres, for a family division at 1065 Airport Road, with additions to the plat as noted by the applicant, and with a waiver of Section 144-24B of the Frederick County Subdivision Ordinance, which would allow a reduction of the 250-foot required public road frontage on the 4.157-acre parcel; the granting of administrative approval authority for lots less than five acres in area and with a density of less than one dwelling unit per five acres; and the granting of administrative approval authority for a two -lot family subdivision. (Note: Commissioner Thomas was absent from the meeting.) Following the public meeting, a decision regarding this Subdivision Request application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Bonnie Triplett SubWav # 04 - 09 Subdivision Wavier Request PIN: 64 - A - 174 Current Zoning Map 2 �I C-c Planner: Wheran ^._. Future RWElypass Applledtl.n %,ning • H3(It-h—, Ind.ninvl'fn Haiti.. D'ut—)'— RI (Bu.+Iona, Neighborhood It"I'l) — EM (Ealrvrtive \Ianufvrluring Dislriai) )I I(Ndusnut, Light Dktiiet) 4& 1I..,(hledinl.S,I,,.m Di,tA,t) \IE (Industrial, Genera 1.1-1) 4W Rd (RenWentivl Planned C.mmunily Dist-) _ R\!Rural"1rtv Di.11ie) RP (Reaidenlul Perfo—.—DiAdd) UA.. Deselopment A—W(DueW., General Dttrf+t) HE (HigM1er Ed.mri.n DUMad) \Ili!(\I.bJe home ('ommunin'D IA.)4W S(ReaNenllal Rerrevrl...I Community District)we is 0 500 1,000 2,000 Feet g Mps\2009\RE70809_HaggertyCoii)merciai_092809 mxd) 9128/2009 -- 3 07.17 PM 1100" 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 1. Applicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property owner (if different than above): Name: Bonnie Triplett Telephone: (540) 662-6965 Address: 1103 Airport Road Winchester. VA 22602 3. Contact person (if other than above): Name: Evan Wyatt Telephone: (540) 662-4185 4. Waiver request details (include specific ordinance requirements to be waived): Please refer to information in cover letter dated September 28, 2009. 5. 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): Tax map parcel 64-((A))-174 is located on the north side of Airport Road; approximately 2,000 feet east of Victory Road. 6. Parcel Identification/Location: Parcel Identification Number 64-((A))-174 Magisterial District: Shawnee 7. Property zoning and current use: Zoned: RA, Rural Areas District Current Use: Residential (2 residences 8. Attachments: Adjoining Property Owners List X Existing/recorded and Proposed Plats X 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. NAME Winchester Regional Airport Authority Address 491 Airport Road Winchester, VA 22602 Property ID # 64-A-159C William Weare Address 545 Old Ferry Lane Bluemont, VA 20135 Property ID # 64-A-165 William Fauver Address 1086 Airport Road Winchester, VA 22602 Property ID # 64-A-166 Andrew White Address 1080 Airport Road Winchester, VA 22602 Property ID # 64-A-167 Angela Schultz Address 1072 Airport Road Winchester, VA 22602 Property ID # 64-A-169 Powell's Investments LLC Address 165 Upper Ridge Road Winchester, VA 22603 Property ID # 64-A-170 Sandra Sandridge Address 1050 Airport Road Winchester, VA 22602 Property ID # 64-A-171 & 172 Brenda Triplett Address 1101 Airport Road Winchester, VA 22602 Property ID # 64-A-174A Seungbok Eom Address 1125 Airport Road Winchester, VA 22602 Property ID # 64-A-177C Robert Largent Address 141 Westwood Drive Winchester, VA 22602 Property ID # 64-A-178 Address 2400 Valley Avenue - Suite 8 DCT&G LLC Winchester, VA 22601 Property ID # 64-11-17 W ti Special Limited Power ®f Attorney County ®f Frederick, Virginia Frederick Plaiu)ing Web Site: w"Tw.colrederick.va.its Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By These Presents: That I (We) (Name) Bonnie Triplett (Asbury C. Triplett, Jr., Trust UA DTD c/o Bonnie L. Triplett, Trustee) (Phone) (540) 662-6965 (Address) 1103 Airport Road Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 070019084 on Page , and is described as Parcel: 174 Lot: Block: A Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ® Subdivision Ordinance Exception ❑ Site Plan ❑ Variance or Appeal ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: _N/A This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have Signature(s) my (our) hand and seal this Z3 day of State of Virginia, City ount of Jo -wit: I; D VkIOO. L. ke(( a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) signed to the foregoing instrument and who I (are) known to me, personally appeared before me and acknowledged the same before me in the jurisdiction aforesaid this Z3day of�200'7 ) My Commission Expires: (-e to 2-9 a -2-012 Notary Public Registration #: 261(, (o la Revised 3/17/08 • GREENWAY ENGINEERING, 151 Windy Hill Lane Winchester, Virginia 22602 — Founded in 1971 September 28, 2009 SEP 8 L Frederick County Planning Department Attn: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street Winchester, VA 22601 RE: Asbury C. Triplett Jr Trust Subdivision Ordinance Exception Dear Mark: The purpose of this letter is to provide you with information pertaining to tax map parcel 64-((A))-174 currently owned by the Asbury C. Triplett, Jr. Trust. Per our discussion, Mrs. Bonnie Triplett, Trust Manager, has been tasked with settling the trust, which involves among other things the creation of lots for family members associated with the trust. Tax map parcel 64-((A))-174 is located on the north side of Airport Road (Route 645) in the Shawnee Magisterial District. This parcel is approximately 6.15± acres and has two residences identified as 1065 Airport Road and 1085 Airport Road. Mrs. Triplett desires to establish a parcel of land for each residence that will be utilized to settle matters of the trust associated with this parcel. Greenway Engineering has prepared an exhibit that demonstrates the potential configuration of two parcels associated with the family division of tax map parcel 64- ((A))-174. These parcels provide for the opportunity to establish a new lot for each of the existing residences, which are currently legally non -conforming residences on this tax parcel. The exhibit provides for a 2.0-acre parcel that conforms to the minimum area and width/depth requirements of the Frederick County Code; however, the proposed 4.15± acre parcel will not meet these requirements. Section 144-24(B) of the Frederick County Subdivision Ordinance states that the dimensions of all lots shall conform with the requirements of the Frederick County Code concerning lot area, minimum lot width, setbacks and other dimensional requirements. Additionally, Section 144-5 of the Frederick County Subdivision Ordinance states that the Board of Supervisors may grant variations in or exceptions to the provisions of Chapter 144. The existing residential lots located along this portion of Airport Road contain less area and lot width than the proposed 4.15± acre parcel; therefore, the proposed configuration would not be detrimental to this area. Furthermore, the Board of Supervisor's allowance of this subdivision ordinance exception would eliminate the existing condition of two residences on one tax parcel and would assist Mrs. Triplett in matters associated with the trust. Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 File #5303 www.greeilwayeng.com Subdivision Ordinance Exception L-1 Greenway Engineering has provided the information required to process this Subdivision Ordinance Exception request, including this cover letter explaining the request, a Special Limited Power of Attorney form, a $500.00 processing fee, and 11 x 17 color exhibits that depict the proposed residential lots. Please process this information for inclusion on the next available Planning Commission and Board of Supervisors agenda in order to determine if the Asbury C. Triplett, Jr. Trust is authorized to proceed with final subdivision plat approval in general conformity with this information. Please advise me if you need any additional information at this time and we will provide it to you immediately. Sincerely, Evan Wyatt, AI Greenway Engineering Cc: Bonnie Triplett File #5303 2 Subdivision Ordinance Exception V4 NOTES. 1. BOUNDARY SHOWN HEREON WAS DE1ER11R1E0 BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON APRIL 11, 2D02. IRS = RERAR SET 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. IRF = REBAR FOUND 3. ACCESS TO THE 2.000 ACRE TRACT IS TO BE OVER THE EXISTING 50' R/W ON TRIPLETT'S ADJOINING PROPERTIES. �►WWf{.� 781114V AGf�AAlfl. 6 - N 64 42'43• E 279, � 147.39 3�' �' POST IRF a fo 5�\ 64- y lwwf 218 10 N 64'42'43• E 15.18'-\IRF PORTT W S 34'03E_� \ 24444.94' IRS -50' BRL \ �� 550' BRL \ IRS EX1sTINc YY k►� S 31'53'36• E 57.51' / -- 2.000 AOT5 IRF ( 5 7' pWELIJN� a � 50 � \ f- 2�.50' . r N 34 03'07' W\ S 335081E - '6 247.20' 1 \ IRS y ` �� N 5s'08'32• E � \ � 1 \ DWELLING i IRS 2611450 143.30' 14.' ? >\� �1-7.5' ""S s0'14'48• W N =71W W _ \ 194 4 338.00' 463.47' \ \` \\. � � IRS AEXISTING 56 R/W T POINT• /tS 6V14'480 W 9 / 610 226.66' FOUND A 25.04' ; 966V/0 AREA TABMATION TM j64-A-174 8.157 ACRES TM 14-LA 6.157 ACRES FAMILY LOT 2.000 ACRES FINAL, M Af, FAMLY PM51ON OF 8J1 -/ &!T,5 A.G. �ll'l,� f'R. t�i0�m %KM n151mr, W- com, vra m SCALD:1" - M' ME: /IPla.11, 2= mm%W A cAlulT.- tM *64k A-11h W "9, FCA M5 PROJECT 120141 ,T,T H 0 cr � i micZoL M. ARTZ V' No. 19 1 X:n j0 16 EAST P1 AOL TEL 510-M-3233 FAX TOLL FREE 1-600- a %"-,L - v 9 ,,•.01 '.. "le i+ L x W G 0 Q U � a � IX o u `o oW L IL cL +�+ CO CO a10 c •� O ca c to .- v m 0 co DA7s 0e/2e/09 SCAM NT8 DZMGNZD Hr. RAN ZII3 NO. 5m SRW 1 DT 1 FAMILY DIVISION of A.C. Triplett, Jr. Property A.C. Triplett, Jr. as trustee for the Asbury C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 TM #64-A-174 Instrument #070019084 -Parcel 3 September 30, 2009 Shawnee District, Frederick County, Virginia JUKVhXgJK', UILK1MIUATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby subdivided is in the name of A.C. Triplett, Jr. as trustee for the Asbury C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 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 bound ies of the original tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein subdivided is Parcel 3 of the land acquired by A.C. Triplett, Jr. as trustee for the Asbury C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 by deed dated December 20, 2007 and recorded in Instrument #070019084. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This Subdivision as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same is hereby confirined and submitted for record in the Clerk's Office of Frederick County, Virginia. A.C. Triplett, Jr. as trustee for the Asbur} C. Triplett, Jr. Revocable Trust Agreement dated November 16, 2007 NOTARY CERTIFICATE: Wy j� STATE OF VIRGINIA; CITY/ O�F Ciiedevl'-C to -wit: o' '�/u '•� . The foregoing owners consent and dedication was acknowledged before me this �� " 5f11 day of nfoVemkyr ,200-) p, :• `YO �' Z=f My commission expires Zq 2-012- % i�tQ�t,ac'-' +y °• N p 2-q6 Id (o Notary Public b'N FI C>0"1.`��, v h0t1R110 CERTIFICATE OF APPROVAL This Subdivision is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Frederick County Subdivision Administrator date Winchester- Frederick County Health Department date Virginia Department of Transportation SHEET 1 Notes: 1. Boundary shown hereon was deter by a field run survey performed by Artz & Asso,.._.as on April 11, 2002. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. 4. All properties zoned RA. Adjoining acreages taken from public record. 5. The 2.000 Ac. family lot is a family conveyance from A.C. Triplett, Jr. (grandfather) to Amanda Spicer Henry (granddaughter). 6. The Lots shown hereon may be subject to future right-of-way acquisition for the proposed Route 37 Eastern Bypass per the current Frederick County Comprehensive Plan. Point I W I-P, O W O ;� N ' J of Rebar Found _ Point Z Rebar N 64'42'43" E Rebar Rebar Found 15.18' Found N 64'42'43" E Found -15.0' 147.39' - N D Z 50' BRL Or co O --a -P pp n phi I rn n .I'mm= -, o I L N 63'15'31" E 251.92' I II w I� Residue C) CD 3 806 A c. Reba `Set r 143.30'" Rebar N 56'08'32 E Found I New 4,068 sf I (133.30') Drainfield I 1 #1065 Easement for I o Point Airport Rd� Residue lot. _ N r —50' BRL — — — — Rebar I _ - 50' BRL C) o — — 0 132.89' Set I Uo „ E 374.08�� ' I 45' r- N 5fi 52' 42 o col Rebar Set x J rn I QD=1 I gl a ov -Q o�� I c w cn 70 o I `D 0- 25.0' I I Point I I b -+ W, P 75' o IJ Approx. DF site 50' BRL_ —7 50 BRL I � I #108J I Airport I I Rd. I C)EV I �I IC' r � I I� Famila Lot 2.00Ac. 50' BRL 0 Rebar Found .62') (173.11 Rebar Found w W, IJ 00 m S 60 g"-W 226.66' FRebar ound ` IIIM T#64-A-177C Road Dedication Seun bok Eom to Commonwealth of Virginia # 800 ac58 0.351 Ac. rn (166.19') _ �- S 6914 48" W Rebar Set TM #64-A-175 Brenda Susan Triplett #060019674 2 ac. Sheet 2 of 2 TM #64-A-159C Winchester Regional Airport Authority DB 781, Pgg 1427 8.46 Ac. Rebar Found T w �w w 10 Irn N 00 rn Rebar Found L1 = N 34'03'07" W 0.12' AREA TABULATION EXISTING: TM #64-A-174 6.157 AC. PROPOSED: Residue 3.806 AC. Family Lot 2.000 AC. Dedication 0.351 AC. PP7�PA-T H or MICHAEL M. ARTZ v Final Plat, Famil Division No. 1513-B A.C. p YTry ett Jr. Pro ert',Lic. q q Shawnee District, rederick County, Virgginia Ho Stjlg Scale: I" =100' Date: September 30, 2009 Rev:10/29/09 Present Owner: d Associates, PLC A.C. Triplett Jr. Revocable Trust Agreement dated November 16 2007 (:::AjSu1bZ,:.Xi SURNG of Valley KING erg. PLC � � LAND SURVEYING LAND PLANNING DEVELOPMENT TM #64-A-174 Inst. #070019084 - Parcel 3 P. 0. Box WINCHESfER, VA.. 22604 Project #22314 TELE/rAX 540-667-3233 Inverse with Area Thu Oct 29 11:04:11 2C PntNo Bearing Distance Northing Easting Station -Desc PP 4429.35 3543.67 0.00 N 33007118/1 W 463.47 PP 4817.52 3290.42 463.47 N 34003107/1 W 247.20 PP 5022.33 3152.00 710.67 N 64042143/1 E 15.18 ?P 5028.81 3165.73 725.85 S 34003107/1 E 244.94 ?P 4825.87 3302.88 970.79 N 56008132/1 E 10.00 ?P 4831.44 3311.18 980.79 S 34003107/1 E 0.12 ?P 4831.35 3311.25 980.91 S 33007118/1 E 465.15 ?P 4441.78 3565.41 1446.06 S 60014148/1 W 25.04 ?P 4429.35 3543.67 1471.10 �losure Error Distance> 0.0000 Cotal Distance Inversed> 1471.10 krea: 15300.3 S.F., 0.3512 Acres Page 1 of 1 /:N GREENWAY ENGINEERING %47 151 Windy Hill Lane (rounded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Triplett Trust Subdivision Waiver File No: 5303 Date November 12, 2009 To: FC Planning From: Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ® As You Requested ❑ Please Comment Message: Hi Mark, Please find attached the current plat for the Triplett Subdivision, which accounts for the right-of- way dedication along Airport Road as requested by the Planning Commission. Please let me know if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: Time: GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 197; Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Triplett Subdivision Waiver File No: 5303 Date October 29, 2009 To: FC Planning From: Evan Wyatt Attn: Diane Walsh GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ❑ For Your Review ® As You Requested ❑ Please Comment Message: Hi Diane, Please find attached 30 copies of the color exhibit as requested. Please advise me if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: Time•_ SUBDIVISION REQUEST #04-09 4�oK cOL�a BONNIE TRIPLETT aStaff Report for the Planning Commission Prepared: October 7, 2009 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission 10/21 /09 Pending Board of Supervisors: 11/18/09 Pending LOCATION: The property is located at 1065 Airport Road, on the north side of Airport Road (Route 645). MAGISTERIAL DISTRICT: Shawnee EXECUTIVE SUMMARY FOR 10/21/09 PLANNING COMMISSION MEETING: The applicant has requested a waiver from Section 144-24 B of the Frederick County Code (Subdivision) to allow a 4.157 acre parcel to be created with a road frontage less than 250 feet, and lot area less than five acres for both parcels. Staff is seeking three actions: • Recommendation from the Planning Commission regarding reduction of 250 foot public road frontage of the 4.157acre lot. • Recommendation from the Planning Commission regarding administrative approval authority for lots less than five acres in lot area, and density less than one dwelling unit per five acres. • Recommendation from the Planning Commission regarding administrative approval authority for a two lot subdivision. Subdivision Request #04-09, Bonnie Triplett October 7, 2009 Page 2 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. LOCATION: The property is located at 1065 Airport Road, on the north side of Airport Road (Route 645). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-174 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Winchester Airport Use: Residential Use: Residential Use: Residential SUBDIVISION SPECIFICS: Subdivision of 6.157 acres into two parcels of 2.0 acres and 4.157 acres for family division. REVIEW COMMENTS VDOT: No Comments Fire and Rescue: N/A Sanitation Authority: No Comments Subdivision Request #04-09, Bonnie Triplett October 7, 2009 Page 3 Staff Review: This property was zoned A-2 (Agriculture, General) when Frederick County adopted zoning in 1967. The zoning changed from A-2 (Agriculture, General) to RA (Rural Areas), in 1989. This request is for subdivision of 6.157 acres into two (2) parcels of 2.0 acres, and 4.157 acres to settle a trust for the applicant. There are currently two (2) dwellings located on this property; this proposed subdivision will allow these dwellings to stand on separate tax parcels. These parcels are located within the Sewer Water Service Area (SWSA) and Airport Support Area as indicated by the 2007 Comprehensive Policy Plan of Frederick County. The proposed future Route 37 by-pass is planned to cross this property. Requested Waivers: The applicant has requested a waiver from Section 144-24 B of the Frederick County Code (Subdivision) which addresses lot size, lot area, and density in the RA zoning district. This waiver will allow a 4.157 acre parcel to be created with a road frontage less than 250 feet. Two parcels will be created with a lot area less than five acres, and density less than one dwelling unit per five acres. STAFF RECOMMENDATIONS FOR 10/21/09 PLANNING COMMISSION MEETING: Staff is seeking three actions: • Recommendation from the Planning Commission regarding the reduction of less than250 foot of public road frontage of the 4.157 acre parcel. Recommendation from the Planning Commission regarding administrative approval authority for lots less than five acres in lot area, and density less than one dwelling unit per five acres. Recommendation from the Planning Commission regarding administrative approval authority for a two lot subdivision. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING October 28, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: SUBDIVISION REQUEST # 04-09 OF BONNIE TRIPLETT On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, November 18, 2009 at 6:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. The meeting is to consider Subdivision Request #04-09 of Bonnie Triplett, submitted by Greenway Engineering, to create two lots of 2.0 acres and 4.157 acres for family division. The property is located at 1065 Airport Road, on the north side of Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Number 64-A-174. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, ar R. Sincerely, Zoning and Subdivision Administrator f_ 0471:111 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on /0 c, from the Department of Planning and Development, Frederick County, Virginia: 64 . A. 169 64 - A- -174- TRIPLETT A C JR TRUSTEE 1103 AIRPORT RD WINCHESTER VA 22602.4524 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 64 - A- - 159-C WINCHESTER REGIONAL AIRPORT AUTH 491 AIRPORT RD WINCHESTER VA 22602.4517 64 - A- -165- WEARE WILLIAM BRETT 545 OLD FERRY LN BLUEMONT VA 20135.4851 64 - A- -166- FAUVER ANNETTE F & WILLIAM H 1086 AIRPORT RD WINCHESTER VA 22602.4508 64 - A- - 167- WHITE ANDREW W. 1080 AIRPORT RD WINCHESTER VA 22602-4508 STATE OF VIRGINIA COUNTY OF FREDERICK SCHULTZ ANGELLA L 1072 AIRPORT RD WINCHESTER VA 22602-4508 64 - A- -170- POWELL'S INVESTMENTS LLC 165 UPPER RIDGE RD WINCHESTER VA 22603.3164 64 - A- - 171- SANDRIDGE SANDRA D 1050 AIRPORT RD WINCHESTER VA 22602.4508 64 - A- - 174-A TRIPLETT BRENDA SUSAN 1101 AIRPORT RD WINCHESTER VA 22602.4524 64 - A- - 177-C EOM SEUNGBOK 1103 AIRPORT RD WINCHESTER VA 22602.4524 -k heran, Zoning & Subdivision Administrator 3erick County Planning Department a Notary Public in and for the State and County aforesaid, d ereby certify that M R. Cheran, Zoning & Subdivision Administrator for the Depart ent o Planning and Development, whose name is signed to the foregoing, dated /0 /� e A 9 , has personally appeared before me and acknowledged the same in my State /and Cdunt� aforesaid. Given under my hand this c2ox day of 4�t� -,AGO q My commission expires on il BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF V GINIA MY COMMISSION EXPIRES JULY 31, 2011 i 64 - A- - 178- LARGENT ROBERT M & PATS. 141 WESTWOOD DR WINCHESTER VA 22602-4464 64 -11- - 17- D CT&GLLC CIO DINO MORGOGLIONE 731 MAHONE OR WINCHESTER VA 22601.6742 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING October 9, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: SUBDIVISION REQUEST # 04-09 OF BONNIE TRIPLETT On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, October 21, 2009 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. The meeting is to consider the Subdivision Request #04-09 of Bonnie Triplett, submitted by Greenway Engineering, to create two lots of 2.0 acres and 4.157 acres for family division. The property is located at 1065 Airport Road, on the north side of Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Number 64-A-174. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 0 C&W r from the Department of Planning and Development, Frederick County, Virginia: 64 - A- -174- TRIPLETT A C JR TRUSTEE 1103 AIRPORT RD WINCHESTER VA 22602-4524 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 64 - A- - 159-C WINCHESTER REGIONAL AIRPORT AUTH 491 AIRPORT RD WINCHESTER VA 22602.4517 64 - A- - 165- WEARE WILLIAM BRETT 545 OLD FERRY LN BLUEMONT VA 20135.4851 64 - A- - 166- FAUVER ANNETTE F & WILLIAM H 1086 AIRPORT RD WINCHESTER VA 22602.4508 64 - A- -169- SCHULTZ ANGELLA L 1072 AIRPORT RD WINCHESTER VA 22602.4508 64 - A- -170- POWELL'S INVESTMENTS LLC 165 UPPER RIDGE RD WINCHESTER VA 22603-3164 64 - A- -171- SANDRIDGE SANDRA D 1050 AIRPORT RD WINCHESTER VA 22602.4508 64 - A- -174-A TRIPLETT BRENDA SUSAN 1101 AIRPORT RD WINCHESTER VA 22602.4524 64 - A- -177-C EOM SEUNGBOK 1103 AIRPORT RD WINCHESTER VA 22602-4524 64 - A- - 167- WHITE ANDREW W. 1080 AIRPORT RD WINCHESTER VA 22602.4508 XfZ Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, ZI g=n-e , L . �&�) Cj ,-ah , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated S1 , QW 9 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 9� day of L Q My commission expires on 7::S-lJ4_j_ NO . WALSH NOTARY PUBLIC -REGISTRATION # 354475 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30, 2012 fl v'r/L 64 - A- - 178- LARGENT ROBERT M & PATSY, 141 WESTWOOD DR WINCHESTER VA 22602.4464 64 -11- - 17- D CT&GLLC CIO DINO MORGOGLIONE 731 MAHONE DR WINCHESTER VA 22601.6742 SUE, W tk t OFr C)>� TJ (P � TO: BARBARA -DATA PROCESSING FROM:BEV - PI nning Dept. Please print sets of la O %,— HANKS!. 9. List of Adjoining Properties: The following names anti aaaressGb a.., 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 Winchester Regional Airport Authority Address 491 Airport Road Winchester, VA 22602 Property ID # 64-A-159C 4 William Weare Address 545 Old Ferry Lane Bluemont, VA 20135 Property ID # 64-A-165 William Fauver Address 1086 Airport Road Winchester, VA 22602 Property ID # 64-A-166 Andrew White Address 1080 Airport Road Winchester, VA 22602 Property ID # 64-A-167 Angela Schultz Address 1072 Airport Road Winchester, VA 22602 Property ID # 64-A-169 Powell's Investments LLC Address 165 Upper Ridge Road Winchester, VA 22603 Property ID # 64-A-170 Sandra Sandridge Address 1050 Airport Road Winchester, VA 22602 Property ID # 64-A-171 & 172 Brenda Triplett Address 1101 Airport Road Winchester, VA 22602 Property ID # 64-A-174A Seungbok Eom Address 1125 Airport Road Winchester, VA 22602 Property ID # 64-A-177C Robert Largent Address 141 Westwood Drive Winchester, VA 22602 Property ID # 64-A-178 a� Pi- W" 00 c rd A- a OFAUDCOMP1. HUTCMAMON ATTOfi JEYAT"W 11"S. 6FlA x3C=*C 8T. VV ,K>4■8T8i.VAQ2001 020008273 THIS DEED OF GIFT, made and dated this 21 st day of May, between A. C. TRIPLETTi JR., hereinafter called the Grantor, and EDWIN KEELER and BRENDA TRIPLETT IKEELER, husband and hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten and other valuable consideration, the receipt of which is hereby ackno the Grantor does hereby grant and convey with General Warranty and Covenants of title unto the Grantees, as tenants by the entireties with c law right of survivorship, in fee simple, the following property: All of that certain parcel of land, together with the improvs and the appurtenances thereunto belonging, containing 2.000 acre more or less, located off Airport Road (Virginia Route No. 645), Shawnee Magisterial District, Frederick County, Virginia, as mo particularly described on the Final Plat, Family Division of 8.157 A. C. Triplett, Jr. property, prepared by Michael M. Artz, L.S., d April 11, 2002, a copy of which is attached hereto, together with foot wide nonexclusive easement from the subject property to Ai Road, as shown on said plat for the purposes of ingress to and eg from said land; AND BEING a portion of the property acquired 1 C. Triplett, Jr. by deed dated February 12,1968, of record in the aforesaid Clerk's Office in Deed Book 339 at Page 415. Reference is hereby made to the aforesaid instruments and the and the references therein contained, for a more particular description i property hereby conveyed. This conveyance is made subject to all easements, rights of way restrictions of record, if any, affecting the subject property. 0 C.) co W by and 50- A. the WITNESS the following signature and seal- C. STATE OF VIRGI41A, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me in my State this oZ 1 54- day of f % 2002, by A. C. Triplett, Jr. My Commission Expires: �� L"l 3) P >;00'-f NOTARY PUBLIC OAOOONYR MUTcmwamm ATTOFlNEYATLAW 124 S. BFIADDOCK 6T W WOEHTSi. VA BEB01 I and :o O '14,,..e.�3� Q SHEET I OF 2 FAMILY DIVI —10N of a, MR—MON of the LAND CONVEYED to A.C. Triglett�Jr. Deed Book 339, Page 415 TM #64-A-174 April 11, 2002 Zoned RA Shawnee District, Frederick County, Virginia SKE Scale: 1 "=2000' CORP CTR �� r T 23 i 645 THIS L'k� q suRVEY 4 %6 a I, hfiichael M. Artz, a duly authorized land surveyor, do hereby certify that the land the name of A.C. Triplett, Jr. and was acquio as stated in the Owner's Ce�' cage Land 9 Vaasr consolidated is QM+NER'S CERTMChi The undersigned fee simple owner hereby certifies that the land heron divided is the wid originally acquit by A.C. Triplett, Jr. by deed dated February 12,1%8 and recorded in Deed Book 3 9, Page 415; said de being of record in the Clerk's Office of Frederick County, Virginia. This Family Divis on as it appears on i accompanying plats is with the tree consent and in accordance with the desires of thi i undersigned owner said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederi County, Virginia. A.C. Triplett, Jr. MQ1MY (:ERTIItICATE: / STATE OF VIRGINIA; CITY/QG OF 46%A X- 4j -o- , to -wit:' The forego owners consent and dedication was acknowledged before me his day of 200.?-. My commission expires3d /�.d� .0 Notary Public CER'1�ICA1'!E+ ZFrederick 'This consolidation is approvigned in accordance with existing su ivision regulations a may be admitted to record. date Coun u 'vision Ad ..strotor S•--'Zd date Winchester- Frederick CountyH Departm t SHEET I OF 2 0 Co 0 cn NOTES. 1. BOUNDARY SHOWN HEREON wAS DEIERIAINED BY A FIELD RUN SURVEY PERFORMED BY AM do ASSOCIATES ON APRIL 11, 2002. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. ACCESS TO THE 2.000 ACRE TRACT IS TO BE OVER THE EXISTING 50' R/W ON TRIPLETT'S ADJOINING PROPERTIES. 6A -M A 9f N 6f4243' 15.1 PONT r r 4 i N 64'42'43' E 147.39' IRS IRF S 34'03'07" E_, ram\ 244.94' N 34'03'07' W-/ P0 247.20 I- IRS = REBAR SET IRF = REBAR FOUND • POST IRF 519� \ %p 50' BILL \ 6.f57�ca�s 50' BRL RS 1 t' lb 64- lawr n 10 S 31053'36' E 57.51' 1 _ —17r `0-i IXDWELU� /♦k ' 2 5 7' Ann , C-�50' BR N 56'08'3Y E / \\\�� \ 143.30' \ I N UV18 : WY \\\ 1sa 463.47' REBAR FOUND A 25.04' TM 164—A-174 V57 ACRES TM /64—A-174 6.157 ACRES FAMILY LOT 2.000 ACRES FINAI. M.A1; FAMd.Y PN1514N 0F 8.15-7 ACM 5 %%ma nl7mr, mom caw, yr w 5GU.- I" -- =* 11, 2= A C.IM #6�t' tV "9, pG 415 PROJECT 120141 y ` EXISTING DWELLING i S 33'06'1 ' E ) "-"200.50' 64-A-16 /' / 261100 s --'S 60'14'48' W a. 338.00' FA IRS / EXISTING 50' R/IM S 6714'48' W 96 k 226.66' i H O I ki C MICHAEL M. ARTL > No. 1951 4 /,,/6-2— , kallo euQl 'LO 16 EAST PC�5-732*0 "c"mEt I TTR 540-67-32FA0- 3 TLL W 1-60-7 0 c) VIRGINIA: FREDERICK COUNTY, SM This instrument of writing was produoed to me od -•.i Vith certificate of acknowledgement thereto annexed ras admitted to record. Ta imposed by Sec. 58.1-802 of �� , and 58.1-801 have been paid, if assessable LAW40114-v Me* rAfN GREENWAY ENGINEERING %47 151 Windy Hill Lane 8 2009 Founded in 1971 Winchester, Virginia 22602 SEP 2 L i TRANSMIT T A ` L Project Name: Triplett Property Subdivision Ordinance Exception File No: 5303 Date September 28, 2009 To: FC Planning From: Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Mark, Please find attached the information that is required to process the Triplett Property Subdivision Ordinance Exception request. Please review this information and advise if you need anything else at this time. Please advise me when this matter will be scheduled for the Planning Commission and the Board of Supervisors so I can advise Mrs. Triplett accordingly. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS C Mark tea, Dana Eric Mike John COMMENTS: C. 1 C� DATE & TIME Received by Clerical Staff (Date & Time): �_S V?V 0 U:\Pam\Common\Document Approval Form.wpd SUB. WAIVER #04-09 BONNIE TRIPLETT Shawnee 6.157 ACRES 2 LOTS A w