037-22 (WillowRunWaiver-PrivateStreets) RESOLUTION
a
Action:
PLANNING COMMISSION: December 7, 2022 Recommend Approval
BOARD OF SUPERVISORS: December 14, 2022 APPROVED
WAIVER REQUEST
PRIVATE STREETS IN THE WILLOW RUN
SUBDIVISION OF LAND
CHAPTER 144
Lot Requirements § 144-24 (C )(2)(c)
WHEREAS, the D.R. Dorton has requested a waiver of the public street requirement in
The Willow Run Project as allowed by § 144-24(C(2)(c) of the Zoning Ordinance. This
waiver would permit the The Willow Run Project to be developed with a complete
network of private streets; and
WHEREAS, The Planning Commission held a public meeting on this waiver request on
December 7, 2022; and
WHEREAS, The Board of Supervisors held a public meeting on this waiver request on
December 14, 2022; and
WHEREAS, this approval is conditioned upon the applicant providing third party inspection
reports to certify the private streets meet VDOT Standards; and
WHEREAS, the Frederick County Board of Supervisors finds that the approval of this
waiver to be in the best interest of the public health, safety, welfare, and in good zoning
practice; and
NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of
Supervisors that a waiver of § 144-24(C)(2)(C) of the Frederick County Zoning
Ordinance is approved to waive the public road requirement within the Willow Run
Project.
Res#037-22
Passed this 14th day of December 2022 by the following recorded vote:
Charles S. DeHaven, Jr., Chainman Aye Shawn L. Graber Aye
J. Douglas McCarthy Absent Judith McCann-Slaughter Aye
Robert W. Wells Aye Josh E. Ludwig Aye
Blaine P. Dunn Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Ad nistrator
Res #037-22
•r
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Amy L.Feltner,Planner
SUBJECT: Willow Run Master Development 406-22;Waiver for Public Street Requirement
DATE: December 8,2022
Waiver Request:
Dewberry Engineers, Inc., on behalf of D.R. Horton, is requesting a waiver to the public street requirements
specified in§144-24(C)of the Subdivision Ordinances. This request is associated with the Master Development
Plan 906-22,currently in review. As a condition of this request,and as required per the ordinance,the proposed
base and surface shall meet or exceed the requirements of Virginia Department of Highway Standards(VDOT).
The horizontal cross sections, included, are in align with these standards. Additionally, the final subdivision
plan will also propose private streets that will meet or exceed VDOT Standards.
Requirements:
§144-24(C). Lot access. All lots shall abut and have direct access to a public street or right-of-way dedicated
for maintenance by the Virginia Department of Transportation.
§144-24(C)(2)(c).The Board of Supervisors may provide a waiver to the public street requirement specified in
§ 144-24C to allow for a complete system of private streets within proffered age-restricted communities. This
waiver may be requested by the applicant during the consideration of a rezoning application or during
consideration of the master development plan. The applicant is required to provide a conceptual design which
demonstrates the proposed private street system layout and provides both the cross section (horizontal and
vertical)section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of
requesting approval of a waiver by the Board of Supervisors.
Staff Conclusions:
The requested private street waiver does meet the requirements of the Frederick County Subdivision Ordinance.
The Planning Commission approved the waiver on December 7,2022. Staff is seeking approval from the Board
of Supervisors on this waiver request.
ALF/pd
Attachments: 1.Request to Waive Public Roads
2.Typical Road Section for Private Streets
3.Willow Run—Master Development Plan page
4.Proffers for Rez 02-21
5.Proffers for Rez 05-22
1110-SUP"E Dewberry Engineers Inc. 703.468.2211
Dewberry® 13575 Heathcote Boulevard, Suite 130 i 703.468.2212 fax
Gainesville,VA 20155 ! www.dewberry.com
November 17, 2022
Frederick County Planning and Development
107 N Kent Street,
Winchester,VA 22601
Re: Willow Run—Waiver Request for Private Streets
On behalf of D.R. Horton,we are submitting this letter requesting a waiver of public street
requirements on the Willow Run Project. The Willow Run project is a 300 unit age-restricted
community bound by proffers under rezoning RZ#02-21 Greystone Properties and amended
proffers RZ#05-22 . Per proffer B.1 and the subdivision ordinance section§144-24C(2)(c),age
restricted communities require a waiver to allow private streets in the community.
Section§144-24C(2)(c)states:
"(c)The Board of Supervisors may provide a waiver to the public street requirement specified in
§ 144-24C to allow for a complete system of private streets within proffered age-restricted
communities.This waiver may be requested by the applicant during the consideration of a
rezoning application or during consideration of the master development plan.The applicant is
required to provide a conceptual design which demonstrates the proposed private street system
layout and provides both the cross section(horizontal and vertical)section dimensional base
and pavement detail that meets or exceeds VDOT standards as a condition of requesting
approval of a waiver by the Board of Supervisors."
As shown on the Willow Run-Master Development Plan #06-22 and attached to this request,the
proposed private street system layout and typical pavement section will meet or exceed VDOT's
standards per the attachments.As a result,we request an approval of this waiver request.The final
subdivision plan will also propose private streets that meet or exceed VDOT standards.
Attachments:
A. Typical Road Section for Private Streets
B. Willow Run—Master Development Plan page
C. Proffer Statement RZ#02-21; Greystone Properties
D. Amended Proffer Statement RZ#05-22; Greystone Properties,LLC Age-Restricted
Rezoning
Page 1 of 3
Please do not hesitate to contact me at(703) 468-2246 or by email at adelavega(iDdewberry.com if
you have any questions,comments or need any additional information.
Sincerely,
MiNME
Alvaro De la Vega, P.E.
Project Manager
Dewberry
Dewberry® Page 2 of 3
ATTACHMENT A
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SECONDARY ROAD (PRIVATE) ALL INTERNAL COMMI;AR"RADS
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ATTACHMENTB
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ATTACHMENT C
ORDMANCE
aGO
Action:
PLANNING COMMISSION: June 2,2021 Public Hearing field, Recommended Approval
BOARD OF SUPERVISORS: July14, 2021 Approved
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#02-2I GREYSTONE PROPERTIES, LEC
` ifEREAS,REZONING#02-21 GREYSTONE PROPERTIES,LLC., to rezone l l 9.27 acres of
land zoned R4 (Residential Planned Community) District with proffers to the RF (Residential
Performance)District with proffers to develop an age restricted community,and 238.37 acres zoned R4
(Residential Planned Community)District with proffers to the RA (Rural Areas)District with proffers,
for a total of 357.64 acres. The subject properties are located east of Route 37 and Merriman's Lane
(Route 621), north of Cedar Creek Grade(Route 622), south and west of the City of Winchester, in the
Gainesboro Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on
June 2, 2021 and recommended approval; and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during
their regular meeting on July 14, 2021; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in
the best interest of the public health,safety,welfare,and in conformance with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code,Zoning,is amended to rezone 119.27 acres of land zoned R4
(Residential Planned Community) District with proffers to the RP (Residential Performance) District
with proffers to develop an age restricted community,and 238.37 acres zoned R4(Residential Planned
Community) District with proffers to the RA (Rural Areas)District with proffers, for a total of 357.64
acres, all as shown on the proffer statement bearing signature date May 4, 2021. The conditions
voluntarily proffered in writing by the Applicant and the Property Owner are attached.
This ordinance shall be in effect on the date of adoption. Passed this 1411' day of July 2021 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
David D. Stegmaier Aye Judith McCann-Slaughter Aye
PDResp22.-21
Blaine P. Durin Aye
A, SOP ATTEST
Mary T. Price,/
Interim County Administrator
Res # 006-21
i i11 IC? [r oPieli f writlugswat pqjUg(po igme
un
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MOM
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Greenway Engineering ;larch 25,2021 Tax Parcels 53-A-90 thru 92B
53-A-A&63-A-2A
GREYSTONE PROPERTIES, LL _
WHITE F At.M LY PROPERTIES
AGE-RESTRICTED & RURAL AFEA REZONING
PROFFER STATEMENT
REZONING: RZ# 02`21
R4, Residential Planned Community District with Proffers to RP,
Residential Performance District and RA, Rural Areas District with
Proffers
PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B,
53-3-A & 63-A-2A (here-in after the "Properties")
MAGISTERIAL
DISTRICT: Gainesboro District
RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC;Willow Grove.V LC;
Willow Springs Estate LLC
APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC;Willow Grove.V LC;
Willow Springs Estate LLC (here-in after "Owners")
PROJECT NAME: Greystone Properties, LLC & White Family Properties Age-Restricted
Rural Area Rezoning
ORIGINAL DATE
OF PROFFERS: October 16, 2019
REVISION DATE: March 25, 2021.
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 Owner hereby proffers that in the event the Board of Supervisors of Frederick County,
Virginia, shall approve Rezoning Application # 01-2I for the rezoning of 357.64± acres from
the R4, Residential Planned Community District with proffers to establish 119.27± acres of RP,
Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and
238.37±acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A=90, 53-A-92, 53-
A-92A, 53-A-92B and 53-3-A)as identified on the attached Greystone Properties &White Family
File#i 3800G/EAW ]
Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B
53-A-A&63-A-2A
Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021; development
of the 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
Owners and such be approved by the Frederick County Board of Supervisors in accordance with
the said Code and Zoning Ordinance. fn the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be
binding upon the Owners and any legal successors, heirs, or assigns.
The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone
Properties,LLC and recorded as instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3-
A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Rook 871
Page 32;Tax Map Parcel 53-A-90 owned by 740,LTC and recorded as Deed Book 918 Page 1139;
Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Mage 1141; and
Tax Map Parcel 53-A-92A owned by Willow Sings Estate,LLC and recorded as Instrument No.
19001.1500.
PROFFER STATEMENT
A) Land Use
1. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to develop a maximum of 300 age-restricted dwelling units on their Properties
which shall be limited to single-family small lot units.
2. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer that 100% of the dwelling units will be rented or sold such that at least one resident
in each unit is a person at least age 55 or older.
3. The Owners of the 238.37±acres proposed for RA, Rural Areas zoning proffer that the use
of Transfer of Development Rights ('PDR) will be prohibited for this acreage.
B) Transportation
1. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to develop the age-restricted community as a gated community with internal private
streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County
Code. Should the Board of Supervisors not approve the internal private street waiver, the
Owners proffer to develop the age-restricted community per Section 144-24C(2)(b) of the
County Code.
2. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to develop the age-restricted community with gated access at the primary entrance
located on Cedar Creek Grade if the Board of Supervisors allows a complete system of
private streets within the proffered age-restricted community. The gated access entrance
File#3800G/EAW 2
Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thni 92B
53-A-A&63-A-2A
shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing
up onto Cedar Creek Grade and shall provide for a.sufficient vehicle recovery area to allow
vehicles to turn around at the entrance gate if necessary. The proposed improvement
identified in this section shah be completed prior to the issuance of the first Certificate of
Occupancy Permit within the 119.27_-acre project area, exclusive of model homes.
3. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to improve Cedar Creek Grade to provide for a separated westbound right-
turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated
eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper
length; and a separated eastbound median protected acceleration lane with an approximate
225' storage length and a 145' taper length meeting to provide safe turning movements for
vehicles entering and exiting the age-restricted community without impacting through
traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements
identified in this section are further described on Cedar Creek Grade Improvements Exhibit
dated March 25, 2021 which is proffered by the Owners. The proposed improvement
identified in this section shall be completed prior to the issuance of the first Certificate of
Occupancy Permit within the 119.27±acre project area, exclusive of model homes.
4. The Owners of the 119.27±acres proposed for RF,Residential Performance District zoning
proffer to dedicate right-of way for Public Use that is 20 feet in width beyond the Cedar
Creek Grade frontage improvements identified in proffer section B2 above. The right-of-
way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision
Plat for the age-restricted community.
5. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to provide a gated access at the Cidermill Lane connection to the age-restricted
community. The gated access shall be created for emergency access only to provide a
second means of emergency access into the age-restricted community. The Owners shall
coordinate with the Frederick County and City of Winchester Emergency Services
Divisions to ensure that the design for emergency access is appropriate for emergency
service responders. The proposed improvement identified in this section shall be
completed prior to the issuance of the first Certificate of Occupancy Permit within the
119.27±acre project area, exclusive of model homes.
6. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to provide right-of-way dedication for the future extension of West Jubal Early
Drive that is 102 feet in width to allow for the construction of an urban four-lane divided
collector road with raised median,curb and gutter, sidewalk, and a 10-foot shared use path
by others. The right-of-way dedication shall be located in the general area identified on
the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW
Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and
temporary easements along both sides of the 102-foot right-of-way dedication area
consistent with the approved road design plan for this construction project. The Owners
File#3800G/EAW 3
Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B
53-A-A&63-A-2A
proffer to provide for the 102-foot right-olf-way dedication as part of the Subdivision Plat
for the age-restricted community and further proffer to provide the permanent and _
temporary easements within, 90 days of written request by the County subsequent to final
road design plan approval required for construction of this project.
7. The Owners of the 119.27±acres proposed for Rn,Residential Performance District zoning
proffer to reserve an area within the open space of the age-restricted community sufficient
for a future gated access connection to the future extension of West Jubal Early Drive if
the Board of Supervisors allows a complete system of private streets within the proffered
age-restricted community. The reservation area for the future gated access connection will
be provided as a component of the Final Subdivision Plat and shall be sufficient to provide
for vehicle stacking to prevent vehicles from backing up onto West Juba]Early Drive and
shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the
entrance gate if necessary. The Owners shall bond this improvement prior to Final
Subdivision Plat approval; and shall construct this improvement in conjunction with the
final phase of development which shall be completed prior to the issuance of the 250`h
Certificate of Occupancy Permit within the 119.27±acre project area.
8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA.Rural District zoning
proffer to reserve an area for future right-of-way dedication that is 102 feet in width to
allow for the construction of an urban four-lane divided collector road with raised median,
curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way
reservation area shall be located in the general area identified on the Greystone Properties
&White Family Properties Rezoning Proposed Zoning&ROW Map Exhibit dated March
25, 2021. Additionally,the Owners proffer to provide permanent and temporary easements
along both sides of the 102-foot right-of-way dedication area consistent with the approved
road design plan for this construction project. The 102-foot right-of-way and permanent
and temporary easement areas are proffered to be reserved for future dedication at no cost
to the County for a period of 25 years beginning on the date of rezoning approval. The 102-
foot right-of-way and permanent and temporary easement areas are proffered to be
dedicated to the County during the 25-year reservation period if the County is successful
in securing approved road design plans and funding for the complete construction of the
future West. Jubal Early Drive extension project between the existing right-of-way in the
City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot
right-of-way and permanent and temporary easements shall terminate on the date that is 25
years from the date of rezoning approval if the County is not successful in securing
approved road design plans and funding for the complete construction of the West Jubal
Early Drive extension project between the existing right-of-way in the City of Winchester
to the Route 37 bridge overpass.
9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to
reserve an area for future right-of-way dedication that is 80 feet in width to allow for the
relocation of Merriman's Lane by others in the general area identified on the Greystone
Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit
dated March 25, 2021. Additionally, the Owners proffer to provide permanent and
temporary easements along both sides of the 80-foot right-of-way dedication area
File#3800G/EAW 4
Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B
53-A-A&63-A-2A
consistent with the approved road design plan for this construction project. The 80-foot
right-of-way and permanent and temporary easement areas are proffered to be reserved for
future dedication at no cost to the County for a period of 25 years beginning on the date of _.
rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas
are proffered to be dedicated to the County during the 25-year reservation period if the
County is successful in securing approved road design plans and funding for the complete
construction of the future West Jubal Early Drive extension project between the existing
right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation
areas for the 80-fool right-of-way and permanent and temporary easements shall terminate
on the date that is 25 years from the date of rezoning approval if the County is not
successful in securing approved road design plans and funding for the complete
construction of the West Jubal Early Drive extension project between the existing right-of-
way in the City of Winchester to the Route 37 bridge overpass.
Q Sanitary Sewer Conveyance
1. The Owners of the 119.27±acres proposed for RF,Residential Performance District zoning
proffer to incur the costs for the development of a pretreatment system and chemical feed
system for the sanitary sewer pump station and 12-inch sewer force main serving the age-
restricted dwelling units.
2. The Owners of the 119.27±acres proposed for RP,Presidential Performance District zoning
proffer to assume the responsibility for the operation and maintenance of the pretreatment
system and chemical feed system serving the age-restricted dwelling units until such a time
that Frederick Water advises that sufficient flows are available to eliminate this need.
3. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to construct a 12-inch sewer force main between the on-site sewer pump station
and the existing off-site 12-inch sewer force main located on the south side of Cedar Creek
Grade.
4. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to coordinate with Frederick Water during the Subdivision Design Plan process to
determine the projected sewer flows consistent with the adopted Frederick Water Sanitary
Sewer Master Plan and provide sufficient land area to allow for the initial design of the on-
site sewer pump station and the future expansion of the on-site sewer pump station by
others.
5. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to provide easements to the sanitary sewer system to provide flow access to the on-
site sewer pump station.
File#3800G/EAW 5
Greenway Engineering Mai-ch 25,2021 Tax Parcels 53-A-90 thru 92B
53-A-A&63-A-2A
D) Monetary Contributions
l. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to provide a monetary contribution of$308.00 for each age-restricted residential
dwelling unit prior to the issuance of a certificate of occupancy permit.
2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to
proffer to provide a monetary contribution of$9,078.00 for each traditional five-acre lot
and for each rural preservation lot that is created prior to the issuance of a certificate of
occupancy permit for any dwelling unit within these lots.
E) Environmental
i. The Owners of the i 19.27±acres proposed for RP,Residential Performance District zoning
proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on
the Master Development Plan for this acreage that will identify the location of wetland
areas. Information regarding potential impacts within the DSA and methods for mitigation
will be incorporated as a component of the Subdivision Design Plan for this acreage.
2. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer°to provide a resource protection area.("RPA.")buffer of 50 feet adjacent to the DSA
boundary. No portion of any residential lot will be platted within the RPA and disturbance
activities will be limited to road crossing, pedestrian and bicycle facility crossing, and
utility crossing.
3. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA
that is located on the south side of the Nest 3ubal Early Drive right-of-way dedication area
described in Section B(6) of the Proffer Statement. The Owners proffer to include this
landscaping plan.as information on the Subdivision Design Plan and install the landscaping
within this area of the project during the first favorable planting season following issuance
of the Land Disturbance Permit for the project. The Owners proffer to establish language
within the Property Owner Association documents for maintenance of this area and to
allow access to this area to Shenandoah University for the purpose of studying and
monitoring the wetland enhancement project as an outdoor land lab educational
opportunity.
4. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning
proffer to conduct a geotechnical analysis on all residential lots that are platted within 100
feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance
of building permits for such lots.
Owner Signatures on Following Pages
File#3800G/EAW 6
Greenway Engineering March 25,2021 Tax Parcels 53-A-90 J ru 92B
53-A-A&63-A--2A
OwneE Signature
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner. M the event the FMderick County
Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
By: �
-re on ro erties D as
Commonwealth of Virginia, ff
City/County of_ (,(1,ilG�e.S To Wit:
The foregoing instrument was acknowledged before me this day of
20_dL by
. ;prat,FARLA9ND ORINDORF=F
y.OTF,-N PUBLIC
#7901519
?S',::C NWEALTI-I OF VIRGINIA
My Commission Expires .3�ora
File#3800G/EAW 7
Greenway Engineering March 25,2021 Tax?arceis 53-A-90 thru 92B
53-A-A.&63-A-2A
()W'ITer Signature
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner. In the event the Frederick County
Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the 1 and rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
By:
Date
Commonwealth of Virginia,
City/County of i 1 nc-h e S To Wit:
n i ,
he foregoing instrument was acknowledged before me this a t day of . 15'—
i
20 al by celIQ
'
e
My Commission Expires
a '/9481230
()(3TMIIJq Al'TH CF VIRG1N1A
MyUOfON 5. ;
I.. ..
File#3800G/EAW 8
Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B
53-A-A&63-A-2A
Owner Sfgiture
The conditions proffered above shall be binding upon the heirs,executors, administrators,
assigns and successors in the interest of the Owner. In the event the Frederick County
Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick.County Code.
Respectfully Submitted:
By:
Date
Commonwealth of Virginia,
City/County of W;nc hP� - � To Wit:
The foregoing instrument was acknowledged before me this day of USS
1-0
20,1L? by 1 51 -c--
aryPui=c
MyCommission Expires ,
123
1 X3 vom i7 I OF 1MihllA
`+!'Y COWNISSlGt+f pCPf
File#3800G/EAW 9
Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B
53-A-A&63-A-2A
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner. Ln the event the Frederick County
Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
By./'p-
Late
Commonwealth of Virginia,
City/County of W itnc 7 es f e r To Wit:
The foregoing instrument was acknowledged before me this day of Auw
20
ANNP
My Comr:iission Expires 6l: o2e
IG 23
WCOt AM
SF2GIHI
File#380OGlEAW 10
Greenway En€ineeting March 25.2021 Tax Parcels 53-A-90 thru 92B
53-A-A&b3,A-2A
Owner
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner. In the evert the Frederick County
Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth ir.the
rrederick County Code.
Respectfully Submitted:
By-
Willow Springs Estate, L C nate
Commonwealth of Virginia,
OtyiCourty of �� C"l es tef To Nit:
The foregoing instrament was acknowledged before me this Qh day of AuLwAs —
20 6 f by M,
My Commission Expiresv �
R75123
MY 1/iFalt+f6A+
File#3800G/EAW l]
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fmrr,�rierick County Zoning
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GREYSTONEWHITE PROPERTIES j
REZONING _ I �,. Greenwxw EnglneerlttF,Inc.
_ GREYSTONE PROPERTIES& t 151wInayHPi lane
DATE:03-25-20 _ MAP
WHITE FAMILY PROPERTIES REZONING
GAIAGISRIALDISGT1 r
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FREDERICK TVIRGINIA F 5407.724185PROPOSED ZONING&ROW MAP �3'�'" AwwvGree,mvapEng.m
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' PROFFER NOTES'
7.DIMENSIONS SHOWN ARE APPROXIMATE BASED ON THE
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DEVELOPMENT.DIMENSIONS OF EXISTING CONDITIONS
AND TAPER LENGTH CALCULATIONS ARE SUBJECT TO
CHANGE UPON RECEIPT OF A DETAILED ASBUILT ROAD
CONDITION AND DURING FINAL DESIGN.
2.R.O.W.AND EASEMENTS NEEDED ON TAY PARCEL
63-A-2D!3 THE RFSPONS!BILITY OF THE OWNER OF TAX
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PROFFER NOTES:
1.DIMENSIONS SHOWN ARE APPROXIMATE BASED ON THE
AVAILABLE DATA AT THE TIME OF THE PROFFER EXHIBIT
DEVELOPMENT. DIMENSIONS OF EXISTING CONDITIONS
AND TAPER LENGTH CALCULATIONS ARE SUBJECT TO
CHANGE UPON RECEIPT OF A DETAILED ASBUILT ROAD
CONDITION AND DURING FINAL DESIGN.
2.R.O.W.AND EASEMENTS NEEDED ON TAX PARCEL
REL'3 `t
63-A-21)IS THE RESPONSIBILITY OF THE OWNER OF TAX REV.*28-26m
PARCEL 63-A-2A. DATE: 07-07.2mo
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GREYSTONE/WHITE PROPERTIES
REZONING GREYSTONE PROPERTIES& Greenway Englineerins,Inc.
PROPOSED ZONING&ROW MAP 151 Windy Hill Lan�
WHITE FAMILY PROPERTIES REZONING Wlr hl�1�1-22601
GAWESBORO MAGISTERIAL DISTRICT 1,540,66Z4105
FREDERICK COUNTY,VIRGINIA PROPOSED ZONING&ROW MAP GREENYVAY V.540.722AI85
ATE:03-25-2021 1PROJECT 11);38COG PES-1—GNED BY,MEW ENGINEERING "'mayEng com
CALE i 1-in=650 Fa-t
¢�N c, O INANCE ATTACHMENT D
Action:
- PLANNING COMMISSION: September 7, 2022 Recommended Approval
BOARD OF SUPERVISORS: September 14,2022 Approved
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#05-22 GREYSTONE PROPERTIES
WHEREAS, REZONING #05-22 Greystone Properties submitted to revise the proffers associated with
Rezoning#02-21 Greystone Properties. This proffer amendment seeks to replace the current proffered text
defining age-restricted language,to align with the federal guidelines governing age-restricted housing more
closely. The subject properties are located north of Cedar Creek Grade(Route 622),south and west of the
City of Winchester, and are identified by Property Identification Numbers 53-A-91 and 63-A-2A in the
Back Creek Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public meeting on this Rezoning on September
7, 2022 and recommended approval; and
WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during
their regular meeting on September 14, 2022; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the
best interest of the public health, safety, and welfare.
NOW, THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
revise the proffers associated with Rezoning#02-21 Greystone Properties to replace the current
proffered text setting out age-restricted provisions, to align with the federal guidelines governing
age-restricted housing. The conditions voluntarily proffered in writing by the Applicant and the
Property Owner are attached.
This ordinance shall be in effect on the date of adoption. Passed this 14th day of September 2022 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Josh E. Ludwig Aye Judith McCann-Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Adm rstrator
Res.#017-22
PDRes#32-22
Greenway Engineering,Inc. July 29,2022 Tax Parcels 53-A-91A&63-A-2A
GRIEY'>3.,0N1L+ PROPERTIES, LLC
AGE-REESTPUCTED REZONING
AMENDED PROFFER STA71EMENT
DATE: July 29,2022
REZONING. RZ#
PROPERTY: Tax Parcels 53-A-91 and 63-A-2A(both parcels,collectively, the
"Frog ert ")
MAGISTERIAL
DISTRICT: Back Creek Magisterial District(formerly Gainesboro Magisterial District)
RECORD OWNER: Greystone Properties, LLC
APPLICANT: Greystone Properties,LLC (the "Owner")
PROJECT NAME: Greystone Properties, LLC.Age-Restricted Rezoning
ORIGINAL DATE
OF PROFFERS: October 16, 2019, Revised March 25, 2021
The current Proffer set forth in Paragraph (A)(2) as set forth hereinafter is hereby deleted:
2. The Owners of the 119.27±acres proposed for RP, Residential Performance District
zoning proffer that 100%of the dwelling units will be rented or sold such that at least
one resident in each unit is a person at least age 55 or older is hereby deleted (the
"Deleted Proffer").
In place of the Deleted Proffer, the following Amended Proffer is hereby set forth:
2. The Owner hereby agrees that the Property shall be an age-restricted community
which is defined as:
"Age Restricted."
(a) Shall mean all occupied residential units shall be occupied by at least one person
fifty-five(55)years of age or older and all other residents must reside with a person who
is fifty-five (55)years of age or older,and be a spouse,a cohabitant, an occupant's child
of nineteen (19) years of age or older or provide primary physical or economic support
to the person who is fifty-five (55)years of age or older.
File#3800G/CMM 1
Greenway Fnginecring,I 1c. July 29,2022 Tax Parcels 53-A-91A c&63-A-2A
Notwithstanding this limitation (i) a person hired to provide live-in, long term, or
terminal health care of a person who is fifty-five (55) years of age or older for
compensation may also occupy a dwelling during any time such person is actually
providing such care; and (ii) guests under the age of fifty-five (55) shall be permitted
for periods of time not to exceed sixty(60)total days in any calendar year.
(b) If title to any lot shall become vested in any person under fifty-five(55)years of
age by reason of descent,distribution,foreclosure or operation of law,the age restriction
set forth in this Section l shall not work a forfeiture or reversion of title, but rather such
person thus taking title shall not be permitted to reside on such Lot until such person
shall have attained fifty-five (55)years of age or otherwise satisfies the requirements as
set forth herein.
(c) Notwithstanding the foregoing limitations, a surviving spouse shall be allowed
to continue to occupy a dwelling without regard to age.
(d) The foregoing limitations shall apply to any tenant who resides in any dwelling
offered for lease by the Owner thereof.
Owner Signature on Following f'''ag`
File 43800G/CMM 2
Greenway Engineering,Inc. July 29,2022 Tax Parcels 53-A-91A&63-A-2A
Owner Si2natur e
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner. In the event the Frederick County
Board of Supervisors grants this rezoning and accepts the conditions,the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
By
J�/Greystone roppertles,LL Date
Commonwealth of Virginia,
City/County of ��✓✓12G'`� �r %';'� To Wit:
The foregoing instrument was acknowaedgQd before me this ;ia, of.
�a
20j-'z Ly
K
My Commission Expires 30/901A.,
LINDA MCAARIAND oRNI)OR1`F
t NOTARY pUSUC
LCOMREG.4,7901519 t
i "��= PvI"'EALM OF VIRGINIA
File#3800G/CMM 3