55A200_ButcherProperty(BriarwoodLC)AMENDMENT
Action:
PLANNING COMMISSION: October 6, 2004 - Recommended Approval
BOARD OF SUPERVISORS: October 27, 2004 M APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 412 -04 OF THE BUTCHER PROPERTY (BRIARWOOD LC)
WHEREAS, Rezoning 412 -04 of the Butcher Property ( Briarwood LC), submitted by Gilbert W.
Clifford & Associates, Inc., to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential
Performance) District. This property is located east of Greenwood Road (Route 656), south and adjacent to
the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification
Number (PIN) 55 -A -200; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 6,2004; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 27,2004; 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 Policy
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 revise the Zoning District Map to
change 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District, as
described by the application and plat submitted, subject to the attached conditions voluntarily proffered
in writing by the applicant and the property owner.
PDRes #22 -04
This ordinance shall be in effect on the date of adoption.
Passed this 27` day of October, 2004 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gina A. Forrester Nay Gary Dove Aye
Gene E. Fisher Aye Bill M. Ewing Aye
Lynda J. Tyler Nay
A COPY ATTEST
John R. Rhe , Jr.
Frederick County Administrator
PDRes 922 -04
PROPOSED PROFFER STATEMENT
REZONING: RZ. # 12 -04: RA (Rural Areas) to RP (Residential Performance)
PROPERTY: 29.99 Acres + / -;
Tax Map Parcel 55-A-200 (the "Property')
RECORD OWNER Briarwood LC
APPLICANT: Briarwood LC
PROJECT NAME: Butcher Property
ORIGINAL DATE
OF PROFFERS: September 7, 2004
REVISION DATE (S): October 7, 2004; October 18, 2004
The undersigned hereby proffers that the use and development of the subject property
( "Property'), as described above, shall be in strict conformance with the following conditions,
which shall supersede all other proffers that may have been made prior hereto. In the event that
the above referenced RP conditional rezoning is not granted as applied for by the applicant
( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further,
these proffers are contingent upon final rezoning of the Property with "final rezoning" defined
as that rezoning which is in effect on the day following the last day upon which the Frederick
County Board of County Supervisors (the "Board ") decision granting the rezoning may be
contested in the appropriate court. If the Board's decision is contested, and the Applicant elects
not to submit development plans until such contest is resolved, the term rezoning shall include
the day following entry of a final court order affirming the decision of the Board which has not
been appealed, or, if appealed, the day following which the decision has been affirmed on
appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Property adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used
in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Butcher Property" dated July 1, 2004 [revised October 6, 2004]
(the "GDP "), and shall include the following:
LAND USE:
1.1 Areas of residential development on the Property shall be developed in
conformance with the regulations of the Residential Performance ( "RP ")
zoning district, as set forth in the Frederick County Code. All residential
development on the Property shall comply with the aforesaid regulations, or as
may be approved by Frederick County.
Page t of 6
Butcher
Statement
1.2 Residential development on the Property shall not exceed a maximum of 69
single family detached dwelling units.
1.3 The project shall be comprised solely of single family, detached urban housing
( minim um 12,000 square foot lots).
1.4 The project shall be developed pursuant to an annualized phasing plan.
Certificates of occupancy for no more than 36 dwelling units shall be issued
within any twelve (12) month period, beginning from the date of rezoning
approval.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS:
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, and design standards, and
this Butcher Proffer Statement as approved by the Board.
3. FIRE & RESCUE:
3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit
for fire and rescue purposes, payable upon the issuance of a building permit for
each single family detached unit.
SCHOOLS:
4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling
unit for school purposes, payable upon the issuance of a building permit for each
single family detached unit except those that may be designated as "age
restricted ".
PARKS & OPEN SPACE:
4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling
unit for recreational purposes, payable upon the issuance of a building permit for
each single family detached unit.
6. LIBRARIES:
6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit
for library purposes, payable upon the issuance of a building permit for each
such single family detached unit.
SHERIFF'S OFFICE
7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit
for the Sheriff's Office upon issuance of building permit for each such unit.
Page 2 of 6
Bukber Proffer Statement
8. ADMINISTRATION BUILDING
8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit
for construction of a general governmental administration building upon
issuance of building permit for each such unit.
9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
9.1 The residential development shall be made subject to a homeowners' association
(hereinafter "HON ") that shall be responsible for the ownership, maintenance
and repair of all common areas, including any conservation areas that may be
established in accordance herewith not dedicated to the County or others, for
each area subject to their jurisdiction, and shall be provided such other
responsibilities, duties, and powers as are customary for such associations or as
may be required for such HOA herein.
9.2 In addition to such other duties and responsibilities as may be assigned, an HOA
shall have title to and responsibility for (i) all common open space areas not
otherwise dedicated to public use, (ii) common buffer areas located outside of
residential lots; (iii) common solid waste disposal programs, if they decide to use
a commercial collection company, (iv) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which buffer
areas shall be located within easements to be granted to the HOA if platted
within residential or other lots, or otherwise granted to the HOA by appropriate
instrument and (v) responsibility for payment for maintenance of streetlights.
10. WATER &SEWER.
10.1 The Applicant shall be responsible for connecting the Property to public water
and sewer, and for constructing all facilities required for such connection. All
water and sewer infrastructure shall be constructed in accordance with the
requirements of the Frederick County Sanitation Authority.
11. ENVIRONMENT:
11.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in
the highest order of stormwater control in existing Virginia law at the time of
construction of any such facility.
12. TRANSPORTATION:
12.1 Transportation improvements shall be designed and constructed consistent with
the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared
by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIN'). The
Page 3 of 6
Butcher Proffer Statement
Applicant shall privately fund all transportation improvements required of this
project.
12.2 The Applicant shall enter into a signalization agreement with the Virginia
Department of Transportation (VDOT) for a pro -rata share of the cost of
installation of a traffic signal at the intersection of Farmington Boulevard and
Greenwood Road. (See 1 on GDP)
12.3 The extension of Farmington Boulevard through the project shall be designed
and constructed to include traffic canning measures acceptable to VDOT. (See 2
on GDP)
13. ESCALATOR CLAUSE:
13.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Frederick County Board County Supervisors (`Board ") within 30
months of the approval of this rezoning, as applied for by the Applicant, said
contributions shall be in the amounts as stated herein. Any monetary
contributions set forth in the Proffer Statement which are paid to the Board after
30 months following the approval of this rezoning shall be adjusted in
accordance with the Urban Consumer Price Index ( "CPI -U") published by the
United States Department of Labor, such that at the time contributions are paid,
they shall be adjusted by the percentage change in the CPI -U from that date 24
months after the approval of this rezoning to the most recently available CPI -U
to the date the contributions are paid, subject to a cap of 6% per year, non -
compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 4 of 6
Butcber Pmffer Statement
Respectfully submitted,
IN
Title: I° 1ai1& P..'
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledge befo me this Icy day
of I ev , 2004, by 1.4 t N a✓
Mycommission fires IO'31 OS
Notary Public �CIti
Page 5 of 6
Butdier Proffer Slalemenl
Page 6 of 6
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ORRICK CEMETERY CO, INC.
55 —A -201
ZONED: RA
USE: CEMETERY
CO, INC.
ZONED:
\ BUTCHER PROPERTY REV 10/6/04 gilbert w. clifford & associotes
QS a dMsion of
GENERAL= 'DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc
117 E. Picodifty St. Winchester, Rrginio 22601
FREDERICK COUNTY, VIRGINIA Vom (540) 667 -2139 Ri- (540) 665 —W3
Page 6 of 6