55A184B_BriarwoodEstatesProfferRevisionAction:
RESOLUTION
BY THE
FREDERICK COUNTY BOARD OF SUPERVISORS
PLANNING COMMISSION: Recommended Approval on October 3, 2001
BOARD OF SUPERVISORS: October 10 2001 -X14 APPROVED ❑ 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 Briar -wood Estates;
and
WHEREAS, the 50.53 -acre portion of Briarwood 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
Abstained
Sidney A. Reyes
AQP
W. Harrington Smith, Jr.
Aye
Margaret B. Douglas
Aye
Charles W. Omdoff, Sr.
Aye
Robert M. Sager
Aye
A COPY ATTEST
JohnKwq--�
Frederick County Administrator
BD. of SUPERVISORS RESOLUTION NO.: 016-01
PURes 420-0I
11 (.,tinr„IIIrtI(ImuC,(,wI,( IT„.III ',I,,.1,1)a i� I III ,.,.e
October 11, 2001
SHIHO, Inc.
Mr. David B. Holliday
P.O. Box 2715
Winchester, VA 22604
FILE CY1
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
RE: REVISED PROFFER STATEMENT FOR BRIARWOOD ESTATES (REZ #003-98)
Dear Dave:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting
on October 10, 2001. The Board approved your request to amend the approved proffer statement for
Briarwood Estates. This amendment rescinds the Greenwood Road Improvements section which limited
the number of residential lots to be developed prior to the completion of the Greenwood Road major
road improvement project.
Please do not hesitate to contact this office if you have further questions regarding this action.
Sincerely,
Evan A. Wyatt, AI
Director
EA W/ch
cc: Jane Anderson, Real Estate
Steve Melnikoff, VDOT
John Trenary, Building Inspections
O .I" "I"',A,,,n ov 1 h,,' 11 /'s\fir r ui— 11.a.i, N-01'm41,n w d
1117 North hunt Strcct • NCinchu�It, r. \ irr-,inia _'_'001-5000
REZONING REQUEST PROFFER
Property Identification Numbers 55 -((A)) -184B & 184C
BED BUD Magisterial District
"BRIARW OOD"
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 Bed 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 Tvoe
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)) -134B & 134C
Red Bud Magisterial District
BRSARWOOD
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 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, 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)) -131B & 134C
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:
0
Applicant:
0
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To Wit:
Date: a `%
Date:
Date:
The foregoing instrument was acknowledged before me this AD day of
SQp±fm be- . zool, by gnu r d
My Commission expires gC�Y!
Notary Public �'1C1 /l 1054--- I0—(1 t`1rrY7
'�,:.� •.y>„_ • Addendum "A" 12-13-97
Briarwood Estates Master Development Plans
- l
r . 7-; FU P SES
t' IN 0 ON 16
IM - 0 MEN
71 tote
r.ewrmrpl aLYD
PHASING IN
—
In 1993, grirtwood Rual— muter Nan wu
approved for 87 Homes an 10.11 Aces Zorud RP,
50.53 Aces us requested to be zoned to RP.
Combining the ueu for Muter Planning purpose
(90.64 Aces) shall yield 730 home lots.
No mon than V will be built prior to the
--=
beginning of the Greenwood Road reconstruction
PHASE 1
project.
No more than 127 will be built doting the
(20 LOTS UNDER
rnuemi irnrwt
reconstruction of Greenwood Road.
NOTE: Number of lots may vary in each
phue due to Mal engineering, site
constraints and muter planning.
PROJECT PHASING
I • 90 tots (under Constmcllon)
It • 25
III . 21
IV • 35
V 11
122
Future 1 -OD (whh dseowood Road Imp Pmlact)
230 Total tots
e. rr1a� • w� W � BRLRIdOD 6TJ TSS I a
�. r... /wamw.v uasrsr rix II—'
AMENDMENT
Action:
PLANNING CONMSSION: Recommended Approval on March 4 1998
BOARD OF SUPERVISORS: Approved April S. 1998
AN ORDINANCE AMENDING
THE ZONTNG DISTRICT MAP
Rezoning 9003-98 of Bniarwood Estates
WHEREAS, Rezoning Application 9003-98 of Briarwood Estate submitted by SHIHO, Inc.
requested the rezoning of 50.53 acres currently zoned RA (Rural Areas) to RP (Residential
Perforrn.ance). The property is located on the east side of Greenwood Road (Rt 656) between Valley
Mill Road (Rt. 659) and Senseny Road (Rt. 657), and adjoins the existing Briar -wood Estates
subdivision and Carlisle Heights subdivision. It is identified with Property Identification Numbers
55 -A -184B and 55-A-184Cin the Stonewall Magisterial District.
WFIERE.-tS, the Planning Commission held a public hearing on this rezoning on March 4, I998;
and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April
8, 1998; and
WHERE AS, 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 ORDALNED 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 50,53 aces currently zoned Rk(Rural Areas) to RP (Residential Performance) 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.#06-98
This ordinance shall be in effect on the date of adoption.
Passed this 8th day of April, 1998 by the following recorded vote.-
James
ote:
James L. Longerbeam, Chairman
W. Harrington Smith, Jr.
Charles W. Orndof� Sr.
O tiGE'.'7DASu'EEZS7� FSIESCLLT�FSRLSYp. TIES
PDEIa $006.98
Aye Richard C. Shickle
Aye Margaret B. Douglas
g�ze Robert M. Sager
A COPY ATTEST
John ey, Jr.
Frederick County Administrator
Abstained
Aye
Aye
REZONING REQUEST PROFFER
Property Identification Numbers 55 -((A)) -184B & 184C
Stonewall Magisterial District
"BRIARWOOD"
Preliminary Matters
Pursuant to Section 15.1 - 491.1 et, sea., 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 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, I997.
Housing Type
The undersigned voluntarily proffers that the rezoned property shall be master planned and
subdivided for single family detached home Iots 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))-1840 & 184C 0
UJ
Stonewall Magisterial District = ",
r�
BRIARWOOD
Page 2
Phasing f `J
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 Pian 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.
Monetary 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, 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. 510,000 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 & 184C
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 Supervisors 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,
1
AW
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Date:
Date: �_ L(a I&
Date: ����0�
The foregoing instrument was acknowledged before me this 4' day of
1998, by
My Commissi
Notary Public
JAMES H. HEAL)
MY COMMISSION i CC 452995
EXPIRES: JuI 12.1999
Bonded Thru Notary Peak Undswftnt
The foregoing instrument was acknowledged before me this ' day of
1998, by
My Commission xpires
JAMES H. Notary Public Ml' COMMISS)ON N CC� 2995
' EXPIRES: JOY 12. 19%
�� a Bonded Thal Notary PUNIC (lndenvrrs
REZONING REQUEST PROFFER
Property Identification Numbers 554(A))-1848 & 184C
Stonewall Magisterial District
BRLkRW OOD
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: 'AMI
By:
By:
By:
Applicant -
Date:
Date:
Date-
Date.-
Date.-
_ —7.Addendum "A" 12_13•-97
- Briarwood Estates Moste' Development Pians
F e
Ii_ ht F rl r r f- --
-
5. ! !,
I PHASE III PHASE N
2.1 L s 3 L is i
-_ FU P ASES TO BE DEVE 0 ED
IN 0 TION_.1l514TH GREE31 Q D
IMP 0 MCNT ZONSTRU Tf _
k PHASE II
25 Los 50.53 ACR Cr [S RE(lUE5TED C
RP Zt7NING'
40.11 ACRE (2CEU RP). MASTER PL 0 FOR 87 S.F. LO7 .
7
- PHASE V( \
v' 21 tots �/ \
1 0
N07: Number of lots may vary in each
phase due to final engineering, site
constraints and master planning.
PROJECT P y
FARMWGn PHASWGN: I 20 Lots (under C
onstruction)
In 1993, Briar-wood Estates master Man was i 1 - 25
r approved for 87 Homes on 40.I1 Acres Zoned R.P. 111 - 21
50-53 Acres are requested to be zoned to AP. IV - 35
M Combining the areas for Master Planning p.irposes
-' (90.64 Acres) shall yield 230 home lots. V
122
No more than 87 will be built prior to the
-- beginning of the Greenwood Road reconstruction
Future - js)@ (with Greenwood Road Imp. Project)
PHASE I project. 230 Total Lots ,—
(24 LOTS tJNtSER No more than 122 will be built during the _
CCNSTRUCTION) reconstruction of Greenwood Road.
'11.n EM49WOOD KMATEN e�oo
e.►�. rrv.. �rwv. PRdMMYARr MAS3:7 PLAN —'�'-
i