016-01
RESOLUTION
BY THE
FREDERICK COUNTY BOARD OF SUPERVISORS
Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Recommended Approval on October 3. 2001
October 10.2001 - ~ APPROVED 0 DENIED
A RESOLUTION AMENDING
THE BRIARWOOD ESTATES PROFFER STATEMENT
ADOPTED APRIL 8, 1998, REZONING #003-98
WHEREAS, Rezoning #018-87 was approved on August 26, 1987, and Rezoning #003-98 was
approved on April 8, 1998 by the Frederick County Board of Supervisors to establish Briarwood Estates;
and
WHEREAS, the 50.53-acre portion ofBriarwood Estates that was rezoned in 1998 received conditional
zoning approval in the form of an adopted proffer statement; and
WHEREAS, the applicant, Mr. Dave Holliday, has formally requested in writing that the proffer
statement for this development be amended as described on the attached document; and
WHEREAS, the Planning Commission held a public hearing on this proffer amendment request on
October 3, 2001; and
WHEREAS, the Board of Supervisors held a public hearing on this proffer amendment request on
October 10,2001; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this proffer
amendment request to eliminate the Greenwood Road Improvement section acceptable and in
accordance with the projected time line for the completion of the Greenwood Road improvement
project; and
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
the amended proffers for Briarwood Estates are hereby approved as described on the attached
document.
PORes #20-01
This amendment shall be in effect on the date of adoption.
Passed this 10th day of October. 2001 by the following recorded vote:
Richard C. Shickle, Chairman
Aba tained Sidney A. Reyes
.A:'f.e--
W. Harrington Smith, Jr.
~ Margaret B. Douglas
~
Charles W. Orndoff, Sr.
Aye Robert M. Sager
Aye
A COPY ATTEST
JOhn~+
Frederick County Administrator
BD. of SUPERVISORS RESOLUTION NO.: 016-01
PDRes. #20-01
U:\Carol\Common\Rcaolwioos\BrilUWood Proffers wpd
COUNTY of FREDERICK
Department of Planning and Development
540/665.5651
FAX: 540/665-6395
MEMORANDUM I
TO:
Frederick County Board of Supervisors
Evan A. Wyatt, Planning Director txluJ/1IM.--
FROM:
RE:
Briarwood Estates - Proffer Statement Amendment Request
DATE:
October 4,2001
V.v^"'oV.'oV....'...'oVM'oV....."'^'...t~t: ... . ,. ., .'oVN""~..v.'.N. ..... .
Please find attached a letter from SlillIO, Inc., to Evan Wyatt, Director of Planning dated September
6,2001. This letter requests consideration ofan amendment to the approved proffer statement for
Briarwood Estates. The applicant, Mr. Dave Holliday, has submitted attachments with this letter
including the approved proffer statement and the proposed revised proffer statement for this
development.
Proiect Historv
Two rezonings were approved by the Board of Supervisors to establish the Briarwood Estates
subdivision. Rezoning #018-87 was approved on August 26, 1987, and Rezoning #003-98 was
approved on April 8, 1998. The 50.53-acre portion ofBriarwood Estates that was rezoned in 1998
received conditional zoning approval in the form of an adopted proffer statement.
To date, the applicant has subdivided the number oflots that were permitted by the proffer statement.
Of these 122 lots, Frederick County has issued building permits for residential development for 111
lots. The approved proffer statement limits the platting and development of additional lots within
Briarwood Estates until the completion of the Greenwood Road improvement project.
Proffer Statement
The proffer statement that was approved as a condition of Rezoning #003-98 includes a section
entitled Greenwood Road Improvements. This section agrees to limit residential lot construction
within Briarwood Estates to 122 lots until the completion of the Greenwood Road improvement
project.
The applicant's cover letter proposes to allow for the platting and development of the remaining lots
within Briarwood Estates and offers to defer Certificate of Occupancy Permits (COP) for these lots
107 North Kent Street . Winchester, Virginia 22601-5000
Page 2
Frederick County Board of Supervisors
Re: Briarwood Estates - Proffer Statement Amendment Request
October 4,2001
until the completion of the Greenwood Road improvement project. Staff met with the Building
Official and the County Attorney to determine if this was an enforcement condition of the proffer
statement. It was determined that once a building permit is issued, the Building Official is obligated
to issue a COP once the structure is constructed to code; therefore, the proposal in the applicant's
cover letter would not be enforceable by staff. As a result of this determination, the applicant has
modified the proffer statement to eliminate the conditions associated with the section entitled
Greenwood Road Imorovements.
Staff Conclusions
Board of Supervisors' approval of the revised proffer statement would enable the applicant to finalize
1 the platting and development ofBriarwood Estates. It is estimated that Briarwood Estates will be
platted to develop 204~residentiallots although the approved master development plan would allow
for ~O residenti~ lots. Therefore, an additional 82-108 residential lots will be platted for the
buildout ofBriarwood Estates.
Concerns raised during the consideration of Rezoning #003-98 centered around the traffic impacts
to Greenwood Road and, at that time, Greenwood Road was identified as the County's highest
secondary road improvement project. The applicant met with Virginia Department of Transportation
(VDOT) representatives to ascertain when the project would be bid for construction and, as a result
of that meeting, developed a proffer that would limit construction until the completion of this road
improvement project. The VDOT bid to award the contract for the Greenwood Road improvement
project did not occur as originally projected; therefore, this delay has created a scenario where lot
development associated with the approved proffer statement has been realized.
The applicant has modified the proffer statement to eliminate the Greenwood Road Improvement
section. This would allow for the platting and development of additional residential lots within the
Briarwood Estates subdivision. Mr. Ben Lineberry, VDOT Assistant Resident Engineer, is the
project manager for the Greenwood Road improvement project. Mr. Lineberry has advised the ~
Planning Department that this road improvement project will be complete by Thanksgiving 2001. '
The average time associated with the development of a residential lot is 90 to 120 days; therefore,
the request for COPs within this subdivision would not be anticipated until January 2002. If the
modification to this proffer statement is approved, the only additional traffic impacts to Greenwood
Road during the final months of completion would be by the general contractor that would be
installing the remaining roads and infrastructure.
At the Planning Commission's meeting of October 3, 2001, the President of Shiho, Inc., Mr. Dave
Holliday, was available to answer questions from the Commission. The Planning Commission had
no outstanding issues of concern with amending the proffer, in light of the time frames for the
completion of Greenwood Road and the development of the remaining residential lots. The
Commission unanimously recommended approval. There were no public comments.
EA W/rsa
O:\AgaIdas\COMMENTS\REWNING\StaffRep0rt\200I\BriarwoodEatatesProfferStatementAmendmentRequest+PCMemo _ Oct:ober3,200I.wpd
SHIHO, Inc.
P.O. Box 3276
Winchester, VA 22604
(540)667-2120
Mr. Evan Wyatt, Director of Planning
Department of Planning and Development
County of Frederick
107 North Kent Street
Winchester, VA 22601-5000
September 6, 2001
RE: Briarwood Estates
Dear Mr. Wyatt;
Enclosed please find the original "Rezoning Request Proffer" for "Briarwood Estates". This rezoning was
approved by the Board of Supervisors on April 17, 1998. Please direct your attention to page 2, "Greenwood
Road Improvements".
When we made this particular proffer, the secondary road improvements plan projected the Greenwood Road
project would go to bid in January 1999. As it turned out, the bid was not let by VDOT until early 2001.
Although we dedicated all of the necessary rights of way along Greenwood Road at the Briarwood Subdivision,
they apparently ran into complications at other points in the route.
We have sold all 122 lots that were allowed until the comDletion of this project. The various builders in our
project are in need of lots to stay in business for the winter and spring market. As we all know, there is a
shortage oflots in the UDA.
We have started the field work on the remaining 76 lots comprising Sections 7,8 and 9. This entire project is
bonded to Frederick County. We ate doing the necessary reroutes of sewer as requested by the Frederick County
Sanitation Authority as well as the connection to Carlisle Heights to "spread" the traffic load at anyone
connector.
On behalf of our builders, purchasers and on behalf of our necessity to continue production in this subdivision,
due to market requests and monetary restraints we request to change the above mentioned proffer to read:
Greenwood Road ImDrovement
The undersigned voluntary proffers that any lots in excess of the original 122 lots can be sold, but will
not receive a "Certificate of Occupancy" for the improved lots until the Greenwood Road construction
is complete to the satisfaction of the staff, planners or Board.
Please keep in mind that the Greenwood Project is slated for completion in December 2001, however, it would
be a hardship on us all if we had to wait for the actual total completion before obtaining building permits. This
project is complete along the Briarwood Subdivision at this writing.
Please ask the proper authorities for their approval at their earliest convenience. If any fees are involved please
advise.
Thank you for your time and consideration.
BRIARWOOD ESTATES PROFFER STATEMENT
APPROVED AS A CONDITION OF REZONING APPLICATION #003-98
COpy FOR YOUR
INFORMATION
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
April 17, 1998
G. W. Clifford & Associates, Inc.
200 N. Cameron Street
Winchester, Virginia 22601
RE: REZONING APPLICA nON #003-98 OF BRlARWOOD ESTATES;
PIN's 55-A-184 and 55-A-184C
Dear Mr. Gyurisin:
This letter serves to confirm action taken by the Frederick County Board of Supervisors in regular
meeting on April 8, 1998. The Board approved your request to rezone 50.53 acres from RA (Rural
Areas) to RP (Residential Performance), identified as PIN's 55-A-184B and 55-A-184C in the
Stonewall Magisterial District. The proffers that were approved as a part of this rezoning application
are unique to this property and are binding regardless of ownership. Enclosed is a copy of the
adopted proffer statement for your records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
b1 [.
Evan A. Wyatt
Deputy Director
EAW/cc
Attachment
cc: SHIRO, Inc.
Charles Orndoff, Stonewall District Supervisor
VDOT - Steve Melnikoff
Fred. Co. Public Schools - Tom Sullivan
Parks & Rec. - Jim Doran
Fire & Rescue - Denny Linaburg
Keith H. Johnson, Pres.; Carlisle Heights Homeowners Assoc., Inc.
OcIAGENDAS\AJ'PR Vl. TRIBRWlWD.ilE2
107 North Kent Street . Winchester, Virginia 22601.5000
REZONING REQUEST PROFFER
Property Identification Numbers 55-((A)).184B & 184C
Stonewall Magisterial District
"BRIARWOOD"
Preliminarv Matters
Pursuant to Section 15.1 - 491.1 et. sea., of the Code ofVrrginia, 1950, as amended, and the
provisions of the Frederick County Zoning Or~ce with respect to conditional zoning, the
undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Vrrginia shall approve Rezoning Application # OO~ -98 for the Rezoning of
50.53 acres from Rural Area (RA) Zoning District to Residential Performance (RP) Zoning
.District, development of the subject property shall be done in confonnity with the terms and
conditions set forth herein. except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with Vrrginia law. In the event that such
rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect
whatsoever. These proffers shall be binding upon the applicant and their legal successors or
assigns.
General Development Plan
The undersigned, who owns the above described property hereby voluntarily proffers that if
the Board of Supervisors for the County of Frederick, Vrrginia approves the rezoning for the
50.53 acre property, lying on the east side of Greenwood Road in the Stonewall Magisterial
District of Frederick County, Virginia from RA to RP, the undersigned will submit a master
development plan that will provide for a street layout connecting with Greenwood Road as
shown on the attached Addendum "A" - Briarwood Estates Master Development plan dated
December 15, 1997.
Housinll Tvpe
The undersigned voluntarily proffers that the rezoned property shall be master planned and
subdivided for single family detached home lots and further that no apartments, duplexes, or
other multi-family buildings shall be constructed upon the 50.53 acre property.
Master Planninll
The undersigned voluntarily proffers that the rezoned property (50.53 acres) shall be
combined with the adjoining property (tax: map parcels 55((A))184A and D consisting of
40.11 acres for master planning purposes. The master planned area shall consist of 90.64
acres with 230 single family home lots.
REZONING REQUEST PROFFER
Property Identification Number.! S5-((A))-1848 & 184C
Stonewall Magisterial District
BRlARWOOD
Page Z
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Phasin~
The undersigned voluntarily proffers that the combined master planned property shall be
phased to limit the recordation of lots to 87 single family home lots until improvements are
under construction for Greenwood Road. Phasing shall be in accordance with the attached
Addendum "p.:' - Briarwood Estates Master Development Plan dated December 13, 1997.
Greenwood Road Improvements
The undersigned voluntarily proffers that any lots in excess of 87 will not be recorded until
Greenwood Road improvements are under construction and that no more than 35 lots will be
recorded during construction of the Greenwood Road Improvements.
Streets
The undersigned voluntarily proffers that the following items will be addressed in the early
stages of subdivision and/or site planning for Briarwood Estates:
1. Tapers and right turn lanes shall be considered as per VDOT at the intersection
of Greenwood Road (Route 656) and any proposed access streets.
2. A signalization agreement shall be executed with VDOT.
Monetarl Contribution to Offset the Impact of Development
The undersigned, who owns the above described property hereby voluntarily proffers that if
the Board of Supervisors for the County of Frederick, Vrrginia approves the rezoning for the
50.53 acre property lying along the east side of Greenwood Road (Route 656) between
Senseny Road (Route 657) and Valley Mill Road (Route 659) in the Stonewall Magisterial
District of Frederick County, Virginia from Rural Area (RA) Zoning District to Residential
Performance (RP) Zoning District, the undersigned shall pay to Frederick County $4,148.00
for schools and parks and recreation at the time a building pennit is applied for and issued for
each approved lot. $10,000 for Greenwood Fire and Rescue Company shall be paid to
Frederick County by the owner at the time the first section of the rezoned property is
approved for recordation and shall be forwarded as soon as possible by the County to
Greenwood Fire and Rescue Company.
REZONING REQUEST PROFFER
Property Identification Numbers 55-((A))-184B &: lS4C
Stonewall Magisterial District
BRIARWOOD
Page 3
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In the
event the Frederick County Board of Supervi~ors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully submitted,
:OPE~ L
BY;'-.&J.~ ~
Date:
c!2 /&'/78
01 / ~ /9l3
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-wit
. 7J..
The foregoing instrument was acknowledged before me this (' day of
F< b .1998, by Eu 1 b" ( F; ..... Zl",..,.bFtr4 14 fi-ro I/' L .
My Commissio
Notary Public
The foregoing instrument was acknowledged before me this 6' 1'l. day of
;:; h. .1998, I?Y ~"r'-,\(~' . j; of 7lFl,br-rr....- /}- 6'ro ,. f" ..
t R. OJl.l...ic-. /,In. 11.tr;1'cI. Vi4..l.:.I...t'ciL
My Conunission xpires . ._uU'" I... .
..~!l'>"~' ......ES H. HEAD
Notary Public !..(ft.' ;-1 MY COMMISSION' CC 452995
~;~;;~; ElCPIRfS: July 12, 1999
.;.r,Rr..::-..... llorIClod T11ru /faQuy PublIc Undolwritars
REZONING REQUEST PROFFER
Property Identification Numbers SS-{(A))-184B & 184C
Stonewall Magisterial District
BRIARWOOD
Page J
The conditions proffered above shall be binding upbn the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said and accepts these conditions, the proffered conditions
shall apply to the land rezoned in addition to other requirements set forth in the Frederick
County Code.
Respectfully submitted,
Property Owner,
Date:
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BRIARWOOD ESTATES REVISED PROFFER STATEMENT
PROPOSED FOR APPROVAL IN OCTOBER 2001
REZONING REQUEST PROFFER
Property Identification Numbers 55-((A))-184B & 184C
RED BUD Magisterial District
"BRIARWOOD"
Preliminary Matters
Pursuant to Section 15.2 - 2296 et. seq., of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia shall approve Rezoning Application # 003 -98 for the Rezoning of
50.53 acres from Rural Area (RA) Zoning District to Residential Performance (RP) Zoning
District, development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with Virginia law. In the event that such
rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect
whatsoever. These proffers shall be binding upon the applicant and their legal successors or
asSIgnS.
General Development Plan
The undersigned, who owns the above described property hereby voluntarily proffers that if
the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the
50.53 acre property, lying on the east side of Greenwood Road in the Red Bud Magisterial
District of Frederick County, Virginia from RA to RP, the undersigned will submit a master
development plan that will provide for a street layout connecting with Greenwood Road as
shown on the attached Addendum "A" - Briarwood Estates Master Development plan dated
December 15, 1997.
Housing Type
The undersigned voluntarily proffers that the rezoned property shall be master planned and
subdivided for single family detached home lots and further that no apartments, duplexes, or
other multi-family buildings shall be constructed upon the 50.53 acre property.
Master Planning
The undersigned voluntarily proffers that the rezoned property (50.53 acres) shall be
combined with the adjoining property (tax map parcels 55((A))184A and D consisting of
40.11 acres for master planning purposes. The master planned area shall consist of 90.64
acres with 230 single family home lots.
REZONING REQUEST PROFFER
Property Identification Numbers 55-((A))-184B & 184C
Red Bud Magisterial District
-"
BRIARWOOD
Page 2
Phasing
The undersigned voluntarily proffers that the combined master planned property shall be
phased to limit the recordation of lots to 87 single family home lots until improvements are
under construction for Greenwood Road Phasing shall be in accordance with the attached
Addendum "A" - Briarwood Estates Master Development Plan dated December 13, 1997.
Streets
The undersigned voluntarily proffers that the following items will be addressed in the early
stages of subdivision and/or site planning for Briarwood Estates:
1. Tapers and right turn lanes shall be considered as per VDOT at the
intersection of Greenwood Road (Route 656) and any proposed access streets.
2. A signalization agreement shall be executed with VDOT.
Monetary Contribution to Offset the Iml'act ofDevelooment
The undersigned, who owns the above described property hereby voluntarily proffers that if
the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the
50.53 acre property lying along the east side of Greenwood Road (Route 656) between
Senseny Road (Route 657) and Valley Mill Road (Route 659) in the Stonewall Magisterial
District of Frederick County, Virginia from Rural Area (RA) Zoning District to Residential
Performance (RP) Zoning District, the undersigned shall pay to Frederick County $4,148.00
for schools and parks and recreation at the time a building permit is applied for and issued
for each approved lot. $10,000 for Greenwood Fire and Rescue Company shall be paid to
Frederick County by the owner at the time the first section of the rezoned property is
approved for recordation and shall be forwarded as soon as possible by the County to
Greenwood Fire and Rescue Company.
REZONING REQUEST PROFFER
Property Identification Numbers 55-((A))-l84B & 184C
Red Bud Magisterial District
BRIARWOOD
Page 3
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said and accepts these conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully submitted,
Property Owner,
By )~~~~~_
Date: J'y~ /1/~t1v:/
By:
Date:
Applicant:
By:
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To Wit:
The foregoing instrument was acknowledged before me this 10 day of
S-f'jl+dY1 he:Y ,2001, by fbu I'd "b. J.JDJhday
My Commission e:lfpires ~rn' I ,~O i '2 003
Notary Public~n n /[)PJ'---rYlc.rvu ~
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a
RESOLUTION
BY THE
FREDERICK COUNTY BOARD OF SUPERVISORS
Action:
PLANNING COMMISSION:
Recommended Approval on October 3.2001
October 10. 2001 - 0 APPROVED 0 DENIED
BOARD OF SUPERVISORS:
A RESOLUTION AMENDING
THE BRlARWOOD ESTATES PROFFER STATEMENT
ADOPTED APRIL 8, 1998, REZONING #003-98
WHEREAS, Rezoning #018-87 was approved on August 26, 1987, and Rezoning #003-98 was
approved on April 8, 1998 by the Frederick County Board of Supervisors to establish Briarwood Estates;
and
WHEREAS, the 50 .53-acre portion ofBriarwood Estates that was rezoned in 1998 received conditional
zoning approval in the form of an adopted proffer statement; and
WHEREAS, the applicant, Mr. Dave Holliday, has formally requested in writing that the proffer
statement for this development be amended as described on the attached documerit; and
WHEREAS, the Planning Commission held a public hearing on this proffer amendment request on
October 3, 200 1; and
WHEREAS, the Board of Supervisors held a public hearing on this proffer amendment request on
October 10, 2001; and
WHEREAS, the Frederick County Board of Supervisors fmds the approval of this proffer
amendment request to eliminate the Greenwood Road Improvement section acceptable and in
accordance with the projected time line for the completion of the Greenwood Road improvement
project; and
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
the amended proffers for Briarwood Estates are hereby approved as described on the attached
document.
PDRes #20-01
This amendment shall be in effect on the date of adoption.
Passed this 10th day of October, 2001 by the following recorded vote:
Richard C. Shickle, Chairman
Sidney A. Reyes
W. Harrington Smith, Jr.
Margaret B. Douglas
Charles W. Orndoff, Sr.
Robert M. Sager
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
PORes. #20-01
I J\C::rol\Common\Rcsolulions\fhial wood Proffers wpd