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HomeMy WebLinkAbout003-98 Briarwood Estates - Stonewall - BackfileReceived From AdclressL.�� For Z O af .T- AMT OF ACCOUNT AMT PAID BALANCE DUE Date fee 19 002539.1 V iL LID, Dollars $ Loll, FAV-111 Im CASH CHECK MONEY ORDER By i Date TRACKING SHEET Application received/file opened A - l i- q Reference manual updated/number assigned D-base updated Au -fl-1F :21 4 9, File given to office manager to update bi-monthly report Four sets of adjoiner labels ordered from data processing 40 color location maps ordered from GIS PC public hearing date ACTION: kLW v BOS public hearing date ACTION: Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers notebook. (Note: if no proffers, resolution goes in amendments without proffers notebook.) *17- 99 4le -r'-q� �given to office manager to update bi-monthly report (final action) ¢-1I-V t� File given to Mapping & Graphics to update zoning map o'f 1- & Zoning map amended Other notes: �� �(i,K�e � iti, c�Cf�— Zofl/, /o -/o - o i '�uy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 11, 2001 SHIHO, Inc. Mr. David B. Holliday P.O. Box 2715 Winchester, VA 22604 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 EAW/ch cc: Jane Anderson, Real Estate Steve Melnikoff, VDOT John Trenary, Building Inspections OAAgendas\Approval Ilrs\REZ's\EriarwoodEslalesRevisedprofTers.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 REZONING REQUEST PROFFER Property Identification Numbers 55-((A))-184B & 184C mw sun Magisterial District "BRIARWOOD" Preliminary Matters Pursuant to Section,15.2 - 2296 et. seg., 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 TyW 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 & 134C 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 Innpact 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))-134B & 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: Applicant: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To Wit: Date: G!l/ Date: Date: The foregoing instrument was acknowledged before me this f 0 day of <VeZ±fM b7CX ,2001,by QnQrd b.lJolll'AatI My Commission expires 1-11 a 2 3 Notary Public��kl,Q 1 npj'- 'Y> Crvu nr�-r� _ - PHASE III PHASE IV I Ti L e .1. 3 L tY" 1 c PHASE II 1 �_ 25 LO s I v: Ln •e - - �_•. - - - {. .•�I . 10 o - o - u IIRM NGTON BLw c� PHASE 1 (20 LOTS LINE CONSTRUCTIOt "�`�' + is Addendum "A" 12-13-97 ` a Briarwood Estates Master Development Plans •,•.`,i �•,�:.,� ' - Qn: ,,J++i is ''-r• r— �• J— FU P SES' •T0 Bin ED ((; IN 0 ON-1tATH GREEN -DEVF p i i IMP 0 MENT CONSTRG TI 50.53 ACR R REQUESTED 0 —RP ZONING` FOR 8 LO 40.11 ACRE (Z RP , NASTER PL CI • • _ - IIi .V>� tLot, ..PHASE PHASING NCrfE In 1993, Briarwood Estates master Plan was approved for V Homes on 40.11 Acres Zorud RP. . 50.53 Acres are requested to be zoned to RP. Combining the areas for Muter Planning purposes (90.64 Acres) shall yield 230 home lots. No more than V will be built prior to the beginning of the Greenwood Road reconstruction project No more than 122 will be built during the reconstruction of Greenwood Road. NOTE. Number of lots may vary in each phase due to final engineering, site PROJECT PHASING constraints and master planning. 1 - 20 Lott (under Construction) II - 25 111 - 2 1 IV 35 V —xi 122 Future - JU (with Greenwood Road Imp. Project) 230 Total tots 00.r .err.d M a r.dr� tea I BR!/RItJOD ASTAT S �• p + ram.. PRC�LIGRI IGSrLr Pf.W W • • 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 APPLICATION #003-98 OF BRIA.RWOOD 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, Evan A. Wyatt Deputy Director EAW/cc Attachment cc: SHIHO, 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. O:\AGEN DAS\APPR VLTR\B RIAR W D. REZ 107 North Kent Street - Winchester, Virginia 22601-5000 9 REZONING REQUEST PROFFER Property Identification Numbers 55+A+184B & 184C Stonewall Magisterial District "BRIARWOOD" Preliminary Matters Pursuant to Section 15.1 - 49 1. 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, 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. 0 • REZONING REQUEST PROFFER Property Identification Numbers 55-((A))-184B & 184C Q _ ` Stonewall Magisterial District CU I� i i71 BRIARWOOD U a Paget 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. 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. $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. r 0 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, Date: �� 1lg Date: 9r0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 74 day of �c ,1998, by Fc, c /= -d- / FFrfjf,ria (;�r 0 ✓' e__ My Commissi Notary Public , *6nit�' JAMES H. HEADMY COMMISSION /CC 452995; .EXPIRES: July 12,1999 Booded Thru Notary Pubik Underwriters The foregoing instrument was acknowledged before me this dayof 1998, by 6' 14 r ,u e_ ,-_ My Commission xpires ='8-14dF Notary Public �� ES H. HEAD i ISSION N CC 452995 S: July 12,1999 otary Public Underwriters • 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 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: �� T By: By: By: Applicant: By: Date: 7� Date: Date: Date: Lam— Date: `7,I. Addtndum "A" 12-13-97 _ Briarwood Estates Master Development Plans 7. — PHASE III PHASE TV 4 — - - 2 ✓ - I 21 L s I. 3 L is J T,F FU P ASES TO -BE .DEVE ED I _ _ I _ IN 0 ON NTH GREEN 0 D , �, I ,. _ IMP 0 MENT xONSTRU TI _ C I PHASE II HSTED p P ZONING J, - 50.53 ACR O ) R REOUE _ - ' i RP MASTER PL FOR 87 S.F. LOT `" � � _ 40.11 ACRE (ZG ) O Cr - PHASE V� 21 Lots .� !i FARMINGMN e�w �- PHASING NOTE: �- - In 1993, Briarwood Estates master Plan was ~ ('r approved for 87 Homes on 40.11 Acres Zoned RP. �} f 1 - 50.53 Acres are requested to be zoned to RP. - Combining the areas for Master Planning parposes (90.64 Acres) shall yield 230 home lots. - No more than 87 will be built prior to the �-' beginning of the Greenwood Road reconstruction PHASE I (20 LOTS UNDER project. - No more than 122 will be built during the rnueTo.,rr—% reconstruction of Greenwood Road. 13 NOTE: Number of lots may vary in each phase due to final engineering, site PROJECT PHASING constraints and master planning. 1 - 20 Lots (under Construction) II - 25 III 21 IV 35 V -Z 122 Future - JU (with Greenwood Road Imp. Pro)ect) 230 Total Lola r-r- pow. -.rrra a . di — t � I B11%d&WWD J57ATAS- w... PRZZ134I1ARY MA-SM PUK r 0 PC REVIEW DATE: 03/04/98 BOS REVIEW DATE: 04/08/98 REZONING APPLICATION #003-98 BRIARWOOD ESTATES To Rezone 50.53 Acres from RA (Rural Areas) to RP (Residential Performance) LOCATION: This property is located on the east side of Greenwood Road (Route 656), between Valley Mill Road (Route 659) and Senseny Road (Route 657). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 55-A-184B & 184C PROPERTY ZONING & PRESENT USE: Zoned: RA, Rural Areas District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned: RP, Residential Performance District Use: Residential (Carlisle Heights) South: Zoned: RP, Residential Performance District Use: Vacant (Briarwood Estates) East: Zoned: RA, Rural Areas District Use: Vacant West: Zoned: RP, Residential Performance District Use: Residential; Vacant PROPOSED USE: Single Family Residential Lots REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letters dated Jan. 14, 1998 and Sept. 16, 1997 from Barry J. Sweitzer. Frederick Co. Sanitation Authority: Water and sewer are available. • Briarwood Estates, REZ #003-98 Page 2 March 31, 1998 Public Works: See attached letter dated Jan. 23, 1998 from Ed Strawsnyder. Fire and Rescue: Recommends approval of this request. Greenwood Road Fire and Rescue: Request information on other 50% of this project as to proffers will it be the same throughout. Parks and Recreation: See comment sheet dated Jan. 24, 1998 from Jim Doran, and attachments dated Aug. 21, 1997 Frederick Co. Public Schools: We believe the impact of the proposed rezoning on current and future school needs should be considered during the rezoning process. County Attorney: Proffer appears to be in correct form. Carlisle Heights Homeowners Assoc., Inc. See attached letter dated March 29, 1998. Planning & Zoning: 1) Site History Parcel 55-A-184, owned by Willis J. and Bettie E. Winslow, was subdivided into five parcels, identified as 55-A-184, 184A, 184B, 184C, and 184D. The Board of Supervisors approved Rezoning Application #018-87 of Willis J. and Bettie E. Winslow on August 26, 1987 to rezone parcels 55-A-184, 184A, and 184D from RA, Rural Areas District to RP, Residential Performance District. Parcels 55-A-184B and 184C had been sold to Eugene and Barbara Grove prior to this rezoning petition. The Winslows maintained parcel 55-A-184 and sold 55-A-184A and 184D to Shiho. The Frederick County Board of Supervisors approved Master Development Plan #005-93 for Briarwood Estates on December 8, 1993. This master plan was approved for a phased development of 87 single family detached residential lots that are 15,000 square feet in area. Recently, construction began on the first phase of this development which accounts for 20 lots. The applicant for this rezoning application proposes to revise the master plan for Briarwood Estates to incorporate parcels 55-A-184B and 184C, should they receive approval. Briarwood Estates, REZ #003-98 Page 3 March 31, 1998 2) Location The 50.53 acre parcels are located on the east side of Greenwood Road, between Senseny Road and Valley Mill Road. These parcels are within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan states that new suburban residential development served by sewer and water will have to be located in the UDA. The Comprehensive Policy Plan recognizes that the majority of land in the UDA will be used for suburban residential uses; however, it also states that new development within the UDA should only be approved when roads and other infrastructure with sufficient capacity have been provided. 3) Site Suitability The 50.53 acre parcels do not contain areas of flood plain, wetlands, prime agricultural soils, or historic elements. The parcels contain areas of steep slopes and woodlands which will need to be accounted for during the master development plan review should this property be rezoned by the Board of Supervisors. 4) Potential Impacts a) Traffic: The applicant has submitted a traffic analysis which was prepared for the Fieldstone Heights master development plan in 1995. This analysis was prepared to justify the required classification for Channing Drive which is a proposed major collector road shown on the Eastern Road Plan. The analysis incorporated the acreage that is proposed for this rezoning and was based on the overall residential gross density of 2.2 units per acre. It should be noted that this density is consistent with the overall residential gross density for this proposed rezoning. The 1995 Fieldstone Heights Area Transportation Plan suggests that 1,146 vehicle trips will access Greenwood Road at the intersection of Woodrow Road, which is the entrance into Carlisle Heights, and 2,293 vehicle trips will access Greenwood Road at the intersection of Farmington Boulevard, which is the minor collector road being constructed through Phase I of Briarwood Estates. The results of this analysis assume that the major collector and minor collector road systems are in place, and that the acreage within the study area is developed at an overall residential gross density of 2.2 units per acre. The traffic impact analysis does not provide information regarding average daily traffic which • 0 Briarwood Estates, REZ 9003-98 Page 4 March 31, 1998 would be generated if this rezoning is approved, nor does it discuss the current Level Of Service (LOS) for Greenwood Road and what impact this rezoning will have on the LOS. Staff has determined that the 1995 Secondary Road Traffic Counts for Frederick County state that Greenwood Road had a traffic count of 4,237 trips per day. The proposed rezoning application will allow for the development of an additional 143 residences, which will generate an additional 1,366 trips per day (based on 9.55 trips per day per household). Therefore, approval of this rezoning application will increase traffic on Greenwood Road by 32% based on this traffic count. Staff believes that this percentage may be slightly less due to the additional trips per day on Greenwood Road that are a result of new residential development over the last two years. Staff is interested in determining the impact to the LOS on Greenwood Road based on the additional traffic, primarily at the intersection of Senseny Road and Greenwood Road. County officials have requested VDOT study this intersection on several occasions to determine if signalization is warranted. VDOT has stated that signalization agreements need to be addressed at major intersections along Greenwood Road. The applicant should specify if this intersection is intended to be part of the required signalization agreement with VDOT. b) Community Facilities and Services: The Capital Facilities Impact Model was applied to this rezoning application proposal on October 21, 1997. The results of this model run demonstrate a negative fiscal impact to public schools, parks and recreation, and to fire and rescue services. The total negative fiscal impact demonstrated by the model run is $4,193.15 per residential lot. 5) Impact Statement/Proffer Statement The applicant has submitted a proffer statement which has been signed, notarized, and reviewed by the County Attorney. This proffer statement provides for a General Development Plan, a single family detached housing type, a phasing plan that is tied into the Greenwood Road improvement project, road improvements, and a monetary contribution to offset development impacts. Specific issues of the proposed proffer statement are as follows: a) General Development Plan 0 • Briarwood Estates, REZ #003-98 Page 5 March 31, 1998 This plan combines the proposed parcels with the acreage that was approved for the Briarwood Estates master development plan. It should be noted that this plan would allow for a connection with Carlisle Estates at Charleton Road but would not allow for a connection at Dots Way. b) Phased Plan The applicant has proposed to limit the number of residential lots that would be permitted to be built until the Greenwood Road improvement project is complete. The applicant has the authority to develop 87 lots from the previously approved master plan. The applicant has proffered to only plat a total of 122 lots for construction, or an additional 35 lots above what is currently permitted to be developed, until the road construction is complete. The 1998- 1999 Frederick County Secondary Road Plan calls for an advertisement date of January, 1999 for the Greenwood Road project. 3) Road Improvements The applicant has proffered to develop right turn lanes at street intersections with Greenwood Road, and to enter into a signalization agreement with VDOT. These issues will be considered by VDOT during the review of a master development plan and a subdivision plan should the rezoning be approved by the Board of Supervisors. 4) Monetary Contribution The applicant has proffered a dollar amount to offset the negative impacts associated with public schools and parks and recreation which is consistent with the results of the Capital Facilities Impact Model. Furthermore, the applicant has proffered a monetary contribution of $10,000 to be forwarded to the Greenwood Fire and Rescue Company which is a 75% increase in the dollar amount demonstrated by the model run. STAFF RECOMMENDATION FOR 03/04/98 PLANNING COMMISSION MEETING: The rezoning of parcels 55-A-184B and 184C would be consistent with the policies established in the Comprehensive Policy Plan. The proffer statement submitted by the applicant appears to mitigate the concerns raised by VDOT and adequately mitigates the negative fiscal impacts demonstrated by the Capital Facilities Impact Model. The improvements scheduled for Greenwood Road will assist in the geometric deficiencies and pavement widths that currently exist; therefore, the only outstanding issue 0 0 Briarwood Estates, REZ #003-98 Page 6 March 31, 1998 is the proposal to develop 3 5 additional residential lots prior to the completion of the improvements to Greenwood Road. Staff believes that this allowance will not significantly impact the transportation network over the short term; however, staff recommends that the language within the proffer statement under Greenwood Road Improvements should be revised to avoid confusion. The proposed language could be interpreted to mean a total of 122 lots or a total of 209 lots; therefore, staff recommends that 122 lots be revised to read 35 lots. Staff would recommend approval of this rezoning application provided that this language is modified. PLANNING COMMISSION SUMMARY & ACTION OF 03/04/98: The president of the Carlisle Estates Homeowners Association was present to voice his association's concerns with the traffic congestion on Greenwood Road and their preference not to have additional traffic on Greenwood Road until after its completion. The Carlisle Estates Homeowners Association was also interested in knowing what was anticipated for the second, unconnected right-of-way that was designated to go from Carlisle Estates to adjacent properties. It was pointed out that a second entrance/exit to Carlisle Heights would be desirable, especially in an emergency, if their main entrance was blocked. Inquiry about signalization for Greenwood and Senseny Roads was also made. Commission members discussed the appropriateness of the wording of the proffer statement under the section, "Monetary Contribution to Offset the Impact of Development," in which the applicant states that the monetary contribution be forwarded directly to the Greenwood Fire & Rescue Company. There was also discussion on the applicant's anticipated plans for the second connection from Carlisle Estates and the Commission requested that staff re-examine that issue. The Planning Commission unanimously recommended approval of the rezoning with the submission of a satisfactory proffer statement. (Note: Mr. Morris was absent from the meeting.) O:\AGEN DAS\REZONE\COMMENTS\BRIARW OD. REZ 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. REZONING Zoning -Amendment Number 0 3" q g PC Hearing Date 1-5- 99' Date Received U BOS Hearing Date 2 -2 r - 2 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: G. W. Clifford & Assoc. Telephone: 540-667-2139 Address: 200 N. Camerson St., Winchester, Va. 22601 2/4/98 2. Property Owner (if different than above) Name: SHIHO, Inc. Name: Eugene F. & Barbara Grove Phone: 540-667-2120 Phone: 540-667-7598 Address: P.O. Box 2715 340 West Parkins Mill Road Winchester, Va. 22604 Winchester, Va. 22601 3. Contact person if other than above Name: Stephen M. Gyurisin Telephone: 540-667-2139 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verifying taxes paid Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: David Holliday Ron Shickle Eugene F. & Barbara Grove 6. A) Current Use of the Property: Vacant B) Proposed Use of the Property: Residential/Single Family 7. Adjoining Property: PARCEL ID NUMBER (see attached list) USE ZONING Vacant & Residential RA & RP 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 56 The property is located on the east side of Greenwood Road (Va. Sec. Rt. 11 Road (Va. Sec. R d (Va 657) adjoins the existing Briarwood Estates subdivision that master planned and is subdi COX 11sic Is 0 0 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification # : 55-((A))-184B & 184C Districts Magisterial District: Stonewall High School: Tames Wood Fire Service: Greenwood Middle School: _Lames Wood Rescue Service: Greenwood Elementary School: Red Bud 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 50.53 RA RP Total Acreage to be Rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Homes: 127 Townhomes: N/A Multi -Family: N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this true and accurateA-o-flye-bestf Applicant: Owner(s): its accompanying materials are ledge. Date: Z 1615Y t' Date: / � 7 n L. Date: c;2 i� 1� 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) owledge. Applicant: i Owner(s): Y/v T C Date: Date: r gilbert w, clifford & associates, inc INCORPORATED 1972 Engineers N Surveyors ~ Land Planners - Water Quality Briarwood Subdivision Adjoining Property Owners Within 300 Feet Tax ID # Property Owner 55C-1-1 Herbert L. & Betty J. Sluder 55C-1-2 528 Greenwood Road 55C-1-3 Winchester, Virginia 22602 55C-1-4 Barbara A. Keckley 544 Greenwood Road Winchester, Virginia 22601 55C-1-5 Sue E. Keplinger 552 Greenwood Road Winchester, Virginia 22602 55C-1-6 Lawrence H. Connell 560 Greenwood Road Winchester, Virginia 22603 55C-1-7 Donald R. Mencer 586 Greenwood Road Winchester, Virginia 22602 55C-1-8 Kenneth G. Ashby 576 Greenwood Road Winchester, Virgiia 22602 55I-1-2-1 /55I-1-3-18 55I-1-3-19 / 55I-1-3-20 55I-1-3-21 /55I-1-3-127 55I-1-3-130 / 55I-1-3-133 55I-1-3-134 C. C. Longerbeam, Inc. P.O. Box 2018 Winchester, Virginia 22604 200 North Cameron Street, Winchester, Virginia 22601 Phone: (540) 667-2139 Fax: (540) 665-0493 Member American Cofisulting Engineers Council i 0 Briarwood Subdivision Adjoining Property Owners Tax ID # Property Owner 55I-1-2-2 Donald C. & Wanda S. Seagroves 102 Woodrow Drive Winchester, Virginia 22602 55I-1-2-3 James W. & Monica N. Mauck 104 Woodrow Road Winchester, Virginia 22602 55I-1-2-4 Secretary of Verterns Affairs 210 Franklin Road, SW Roanoke, Virginia 24011 55I-1-2-5/55I-1-2-7 Ravinder S. & Rita K. Grewal 55I-1-2-9 720 Treys Drive 55I-1-2-10 Winchester, Virginia 22601 55I-1-2-6 Wade A. & Tina R. Noel 110 Woodrow Road Winchester, Virginia 22602 55I-1-2-8 Dennis W. & Barbara K. Sieh 114 Woodrow Road Winchester, Virginia 22602 55I-1-2-11 Claude F. & Betty C. Bender 120 Woodrow Road Winchester, Virginia 22602 55I-1-2-12 John M. & Mary B Bruton 124 Woodrow Road Winchester, Virginia 22602 55I-1-2-13 / 55I-1-3-129 55I-1-2-14 Edwin B. Yost, Trustee 4127 Bee Ridge Road Sarasota, Florida 34233 2 0 0 Briarwood Subdivision Adjoining Property Owners Tax ID # Property Owner 55I-1-3-122 Thomas F Grimes 138 Woodrow Road Winhhester, Virginia 22602 55I-1-3-123 Kenneth N. Chamblin 140 Woodrow Road Winchester, Virginia 22602 55I-1-3-124 Daniel J. & Jodi L. Garzarelli 142 Woodrow Road Winchester, Virginia 22602 55I-1-3-125 Manuel & Sharon Ordonez 114 Woodrow Road Winchester, Virginia 22602 55I-1-3-126 Melton D. & Mary Chasteen 200 Woodrow Road Winchester, Virginia 22602 55I-1-3-128 Michael A. & Tapitha K. Grace 204 Woodrow Road Winchester, Virginia 22602 55I-1-3-131 Daniel W. & Melanie A. Burrier 210 Woodrow Road Winchester, Virginia 22602 55I-1-3-132 Glen E. & Judy S. Russell 55I-1-4-182 2619 Woodside Road 55I-1-4-185 Clearbrook, Virginia 22624 55I-1-4-181 Glen W. & Pamela L. Russell 270 Panarama Drive Winchester, Virginia 22603 C Briarwood Subdivision Adjoining Property Owners Tax ID # Property Owner 55I-1-4-183 John W. & Christina A. Hughes 302 Woodrow Road Winchester, Virginia 22602 55I-1-4-184 Linnea W. Stopher 304 Woodrow Road Winchester, Virginia 22603 55I-1-4-186 Gordon R., Jr. & Tammy S. Greer 308 Woodrow Road Winchester, Virginia 22602 55-A-184A Greenwood Road P.O. Box 2097 Winchester, Virginia 22604 55-A-184B Eugene F. & Barbara L. Grove 55-A-184C 340 West Parkins Mill Road Winchester, Virginia 22602 55-A-184D Greenwood Realty Partnership P.O. Box 2097 Winchester, Virginia 22604 55-A-185 Elaine B. Longerbeam P.O. Box 2018 Winchester, Virginia 22604 55-A-206 L. C. Lynnehaven 112 N. CameronStreet Winchester, Virginia 22601 4 1� 9 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS Action: PLANNING COMMISSION: Recommended Approval on October 3, 2001 BOARD OF SUPERVISORS: October 10, 2001 - 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 Briarwood Estates; and WHEREAS, the 50.53-acre portion of Briarwood Estates thatwas 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. PDRes #20-01 0- This amendment shall be in effect on the date of adoption. Passed this loth day of October, 2001 by the following recorded vote: Richard C. Shickle, Chairman Abstained Sidney A. Reyes Aye- W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST JohntiR/ Riley, Jr. I Frederick County Administrator BD. of SUPERVISORS RESOLUTION NO.: 016-01 PDRes. 020-01 U:\Carol\Common\Resolulions\Bdarwood Proffers.wpd V00wraltif 11CRI, itg. 0 LAWRENCE R. AMI3ROGI oo COUNTY OF FREDERICK `4i4 �� Commonwealth's Attorney GLRNN R. WILLIAMSON Assistant Commonwealth's Attorney JAY D. COOK, III Assistant Commonwealth's Attorney NICOLE M. EARLY OFFICE OF THE Assistant Commonwealth's Attorney COMMONWEALTH'S ATTORNEY 107 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (540) 665-6383 FAX (540) 667-3454 May 10, 2000 Jolm R. Riley, Jr. Administrator County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: Briarwood Estates Subdivision Dear Jol-m: CHARLLS W. STANSFIELD Administrator ERIC W. HEFLIN Investigator MELISSA I). RICE Victim//Witness Director 665-6369 / 667-3454 FAX Since my last letter to you regarding the proffer submitted by the developer of Briarwood Estates Subdivision that limited the number of lots to be recorded in that subdivision until improvements for Greenwood Road are under construction, it appears that preliminary work has begun.ai-several locations throughout the Greenwood Road Project. Although frill construction will not commence until after contracts are awarded by VDOT, it is my opinion that there has been enough construction activity related to the Greenwood Road Project so as to allow the developer of Briarwood Estates to proceed with lot recordation as contained in his proffer. If you have any questions regarding this matter please let me know. Very tru ours, Lawrence R. ilbrogi County Attorney LRA/lu ECIV® MAY 1 0 2000 DEPT, OF PLANNING/DEVELOPMENT AMENDMENT PLANNING COMMISSION: Recommended Approval on March 4 1998 BOARD OF SUPERVISORS: Approved April 8 1998 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning 9003-98 of Briarwood Estates WHEREAS, Rezoning Application 9003-98 of Briarwood Estate submitted by SHII30, Inc. requested the rezoning of 50.53 acres currently zoned RA (Rural Areas) to RP (Residential Performance). 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 Briarwood Estates subdivision and Carlisle Heights subdivision. It is identified with Property Identification Numbers 55-A-184B and 55-A-184C in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 4, WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April 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 T 1- - 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 50.53 acres currently zoned RA (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. This ordinance shall be in effect on the date of adoption. Passed this 8th day of April, 1998 by the following recorded vote: James L. Longerbeam, Chairman Aye Richard C. Shickle Abstained W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndof� Sr. AgP Robert M. Sager Ate_ A COPY ATTEST John ey, Jr. Frederick County Administrator O:IAGENDASU=N a P—YSOLUMBRLIRW ORES PORa 4006-98 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 # M' -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, exbept 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, 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 Stonewall Magisterial District s w T J' BRIARWOOD { U _= i Page 2 c .[1 y ? l;- � w 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. 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. $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 & 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, PROPER By: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Date: Date: The foregoing instrument was acknowledged before me this 4" 7� day of 27;irhnrn 14 (r'r• 0 ►/' � My Col Notary Public es ,.•��:';w�:;, JAMES H. HEAD ° = MY COMMISSION i CC 452995 -; EXPIRES: Jury 12,1999 Sanded Thru Natuy Peak Un rw tors The foregoing instrument was acknowledged before me this lr 7'�(' day of 1998, by �' �g r ,t r,- _ � r-dtn A- V A ik cI-or f/e4.,,./'�. 4:'r-/I A . 04 4,1 L My Commission xpires Notary Public JAMES H. HEAD MY COMMISSION N CC 452995 EXPIRES: July 12, 1999 Bonded Thru Notary Public Undamritars 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 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: By: By: By: Applicant: Date: Date: Date: Date: Date: �' Addendum "A" 12-13-97 ® , ` Briarwood Estates Master Development Plans - - I ', � I } 1 fill (> +r �, �-~ .� �- � �,�'I � 1� � yl� �. - - ; ;--- ---• -- -- - PHASE N PHASE III I 21 L is 3 L t4 `' I• J tl l =- I FU P ASES TO IBE `DEVE 0 ED I, I .I j' IN 0 TION _.WITH . GREEN . 0. D i _ �.,ti -' IMP 0 MCNT_;CONSTRU TI to -to i PHASE II 25 o s I 50.53 ACR 0 ) R REQUESTED 0 RP ZONING. ' u FOR 87 S.F. LOT :n 40.11 ACRE (ZG ED RP) MASTER PL _ a O v t U {I FARMINGiDN BLVD I r j i PHASE I (20 LOTS UNDER CONSTRUCTION) PHASE V� 21 Lots PHASING NOTE: - In 1993, Briarwood Estates master Plan was approved for 87 Homes on 40.11 Acres Zoned RP. - 50.53 Acres are requested to be zoned to RP. Combining the areas for Master Planning p�irposes (90.64 Acres) shall yield 230 home lots. - No more than 87 will be built prior to the beginning of the Greenwood Road reconstruction project. No more than 122 will be built during the reconstruction of Greenwood Road. NO"-E: Number of lots may vary in each phase due to final engineering, site constraints and master planning. PROJECT PHASINQ 1 - 20 Lots (under Construction) II 25 111 21 IV - 35 V -a 122 Future - JU (with Greenwood Road Imp. Project) 230 Total Lots LT gabat .. dK(WJ JM ! S0906"U.. M& BAURWOOD A574TZS tom... �• • PRJZaQ7UARr MA57ZR PLAN f 0 0 Page 1 Proffers for Priarwood Estates Sections 2 - 9 Lot Number Payee Date A mount Lot #1 -- -- -- Lot #2 -- -- -- Lot #3 -- -- -- Lot #4 -- -- -- Lot #5 -- -- -- Lot #6 -- -- -- Lot #7 -- -- -- Lot #8 -- -- -- Lot #9 -- -- -- Lot #10 -- -- -- Lot 911 -- -- -- Lot 912 -- -- -- Lot 913 --. -- -- Lot #14 -- -- -- Lot 915 -- -- -- Lot 416 -- -- -- Lot #17 -- -- -- Lot #18 -- -- -- Lot #19 -- -- -- Lot #20 -- -- -- Lot 921 $4,148.00 Lot #22 $4,148.00 Lot 923 $4,148.00 Lot 924 $4,148.00 0 0 Proffers for Briarwood Estates Sections 2 - 9 Lot #25 $4,148.00 Lot #26 $4,148.00 Lot #27 $4,148.00 Lot #28 $4,148.00 Lot 929 $4,148.00 Lot #30 — — -0- Lot #31 — -- -0- Lot #32 -- -- -0- Lot #33 — — -0- Lot 934 -- -- -0- Lot 93 5 -- -- -0- Lot #36 -- -- -0- Lot 93 7 — -- -0- Lot #3 8 -- -- -0- Lot #3 9 -- -- -0- Lot #40 $4,148.00 Lot #41 $4,148.00 Lot #42 $4,148.00 Lot #43 $4,148.00 Lot 944 $4,148.00 Lot #45 $4,148.00 Lot #46 $4,148.00 Lot 447 $4,148.00 Lot #48 $4,148.00 Lot #49 $4,148.00 Lot #50 $4,148.00 Lot #51 $4,148.00 • LJ Proffers for Brnarwood Estates Sections 2 - 9 Lot #52 $4,148.00 Lot #53 $4,148.00 Lot #54 $4,148.00 Lot #55 $4,148.00 Lot #56 $4,148.00 Lot #57 $4,148.00 Lot #58 $4,148.00 Lot 959 $4,148.00 Lot #60 $4,148.00 Lot #61 $4,148.00 Lot #62 $4,148.00 Lot #63 $4,148.00 Lot #64 $4,148.00 Lot 465 $4,148.00 Lot #66 $4,148.00 Lot #67 $4,148.00 Lot #68 $4,148.00 Lot #69 $4,148.00 Lot 470 $4,148.00 Lot #71 $4,148.00 Lot #72 $4,148.00 Lot #73 $4,148.00 Lot #74 $4,148.00 Lot #75 $4,148.00 Lot #76 $4,148.00 Lot 977 $4,148.00 Lot #78 -- -- -0- 0 Proffers for Briarwood Estates Sections 2 - 9 Lot #79 $4,148.00 Lot #80 $4,148.00 Lot #81 $4,148.00 Lot #82 $4,148.00 Lot #83 $4,148.00 Lot #84 $4,148.00 Lot #85 $4,148.00 Lot #86 $4,148.00 Lot #87 $4,148.00 Lot #88 $4,148.00 Lot #89 $4,148.00 Lot #90 $4,148.00 Lot #91 $4,148.00 Lot #92 $4,148.00 Lot #93 $4,148.00 Lot 494 $4,148.00 Lot 995 $4,148.00 Lot 996 $4,148.00 Lot 997 -- -- -0- Lot 998 — — -0- Lot 999 -- -- -0- Lot 9100 — — -0- Lot 9101 $4,148.00 Lot 9102 $4,148.00 Lot # 103 $4,148.00 Lot # 104 $4,148.00 Lot #105 $4,148.00 Proffers for Brigmood Estates Sections 2 - 9 Lot 9106 $4,148.00 Lot 9107 $4,148.00 Lot #108 -- -- -0- Lot #109 $4,148.00 Lot #110 $4,148.00 Lot #111 $4,148.00 Lot # 112 — — -0- Lot #113 -- -- -0- Lot #114 — — -0- Lot 9115 -- -- -0- Lot 9116 — — -0- Lot 4117 -- -- -0- Lot 9118 — — -0- Lot # 119 -- -- -0- Lot #120 — — -0- Lot #121 -- -- -0- Lot #122 — — -0- Lot 9123 -- -- -0- Lot #124 — — -0- Lot 9125 -- -- -0- Lot # 126 — — -0- Lot #127 -- -- -0- Lot 9128 $4,148.00 Lot 9129 $4,148.00 Lot #130 $4,148.00 Lot #131 — — -0- Lot #132 -- -- -0- Proffers for Briarwood Estates Sections 2 - 9 Lot #133 -- -- -0- Lot #134 — — -0- Lot # 13 5 -- -- -0- Lot # 13 6 $4,148.00 Lot #137 $4,148.00 Lot #138 $4,148.00 Lot #139 $4,148.00 Lot #140 $4,148.00 Lot 9141 $4,148.00 Lot #142 $4,148.00 Lot 9143 $4,148.00 Lot #144 $4,148.00 Lot #145 $4,148.00 Lot 9146 $4,148.00 Lot 9147 $4,148.00 Lot 9148 $4,148.00 Lot #149 $4,148.00 Lot #150 $4,148.00 Lot #151 $4,148.00 Lot #152 $4,148.00 Lot #153 $4,148.00 Lot #154 $4,148.00 Lot #155 $4,148.00 Lot #156 $4,148.00 Lot #157 $4,148.00 Lot #158 $4,148.00 Lot #159 $4,148.00 Proffers for Briarwaood Estates Sections 2 - 9 Lot #160 $4,148.00 Lot 9161 $4,148.00 Lot #162 $4,148.00 Lot #163 $4,148.00 Lot # 164 $4,148.00 Lot #165 $4,148.00 Lot #166 $4,148.00 Lot #167 $4,148.00 Lot #168 $4,148.00 Lot #169 $4,148.00 Lot #170 -- -- -0- Lot #171 — -- -0- Lot 9172 — — -0- Lot 9173 $4,148.00 Lot #174 $4,148.00 Lot #175 $4,148.00 Lot #176 $4,148.00 Lot #177 $4,148.00 Lot #178 $4,148.00 Lot #179 $4,148.00 Lot #180 $4,148.00 Lot 9181 — — -0- Lot #182 -- -- -0- Lot # 183 — — -0- Lot #184 -- -- -0- Lot #185 — — -0- lot 9186 -- -- -0- Proffers for Briarwood Estates Sections 2 - 9 Lot #187 — — -0- Lot #188 -- -- -0- Lot #189 — — -0- Lot #190 -- -- -0- Lot #191 — — -0- Lot #192 -- -- -0- Lot #193 — — -0- Lot #194 -- -- -0- Lot 9195 — — -0- Lot #196 -- -- -0- Lot # 197 — — -0- Lot #198 -- -- -0- Lot 9199 — — -0- Lot #200 $4,148.00 Lot 9201 $4,148.00 Lot #202 — — -0- Lot #203 — — -0- Lot 9204 — — -0- Total Paid $ **Lots 1-20 (Briarwood Estates, Section 1) were developed prior to Rezoning #003-98 and have _ NO PROFFERS. **Other lots with no proffer amount were located on Parcel 55-A-184A. **Lots with a proffer amount of $4,148.00 were located on parcels 55-A-184B and 55-A-184C and are subject to the proffer statement in Rezoning #003-98. * *MAKE A COPY OF RECEIPT FOR THE INSPECTIONS DEPARTMENT O:\W P\CMW ROFFER.PAY\SARATOGA\BRIARW OOD.wpd April 23, 1999 0 Proffer Summary Frederick County Parks and Recreation Department Based on the 1997-98 CIP Impact Impact Based on Based on Request Proffer Proffer Frederick 2.5 per 3.5 per Current Current Facility Currently CIP Per Per County Housing Housing Current Need Need Unit on the Facility Housing Housing Facility* Standards Unit Unit Need Supply Gap Cost CIP List Cost Unit 2.5 Unit 3.5 Tennis Courts 1/2000 pop .125% .175% 26 9 17 63,650 11 700,152 80 ill Parkland in Western F.C. 1/52,000 0 P P .0048% .0067% 1 0 1 1,154,772 1 1,154,772 55 77 Playground, Open Play 1/2000 pop .125% .175% 26 20 6 180,847 4 723,386 226 316 and Picnic Areas Basketball Courts 1/2000 pop .125% .175% 26 5 21 69,765 2 139,530 87 122 Softball Fields 1/5000 pop .05% .07% 10 6 4 235,348 2 470,696 118 165 Baseball Field Renovation 1/5000 pop .05% .07% 13 9 4 102,800 4 411,200 51 72 Field House 1/52,000 pop .0048% .0067% 1 0 1 1,542,000 1 1,542,000 74 103 Support Facilities 1/25,000 pop .01% .014% 1 0 1 31,537 1 31,537 3 4 . Maintenance Areas 1/25,000 pop .01% .014% 2 1 1 168,539 1 168,539 17 24 Soccer Fields 1/5,000 pop .05% .07% 10 5 5 375,878 3 1,127,634 188 263 Indoor Pool 1/52,000 pop .0048% .0067% 1 0 1 1,953,200 1 1,953,200 94 131 Stage Areas 1/25,000 pop .01% .014% 2 0 2 323,997 1 323,997 32 45 Skateboard Park 1/52,000 pop .0048/% .0067% 1 0 1 200,000 1 200,000 Total Impact Per Unit 1,025 1,433 8/21/97 Sample Information: Soccer Field - 1/5000 population costing $375,878 *Development - 1 unit x 2.5 per unit = 2.5 population *.05% is the potential impact that one unit, or 2.5 people, will have on a facility that has a standard of 1/5000 population. 2.5 is equal to .05% of 5000. (2.5 divided by 5000% = .05%). Sample Computation: $375,878 facility cost x .05%, which is equivalent to the percentage of potential impact = $187.939 per unit times the number of housing units = cost per development. Computation Check: Cost per unit divided by people per unit = individual impact cost times standard for facility = total facility development cost. $187.939 divided by 2.5 = $75.1756 x 5000 = $375,878. 1997-98 Capital Improvement Plan Total - $9,439,405. Notes: Bicycle facility has been funded and eliminated from proffer summary. Playground at Clearbrook park has been funded and eliminated from this summary. Support facilities at Clearbrook park have been partially completed and funding requirements have been reduced. Each project has been adjusted by 2.3%, which is the reported annual inflation rate from the 1.996-97 plan to the current plan (1997-98). is 0 0 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on March 4 1998 BOARD OF SUPERVISORS: Approved April 8, 1998 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning 9003-98 of Briarwood Estates WHEREAS, Rezoning Application #003-98 of Briarwood Estate submitted by SHIHO, Inc. requested the rezoning of 50.53 acres currently zoned RA (Rural Areas) to RP (Residential Performance). 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 Briarwood Estates subdivision and Carlisle Heights subdivision. It is identified with Property Identification Numbers 55-A-184B and 55-A-184C in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 4, 1998; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April 8, 1998; 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 50.53 acres currently zoned RA (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 0 This ordinance shall be in effect on the date of adoption. Passed this 8th day of April, 1998 by the following recorded vote: James L. Longerbeam, Chairman Aye Richard C. Shickle Abstained W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. AyP Robert M. Sager Ay_ A COPY ATTEST John ey, Jr. Frederick County Administrator O:\AGENDAS\REZONEUUSOLLTM. BRLIRWD.RES PDRes 4006.98 REZONING REQUEST PROFFER Property Identification Numbers 55-((A))-184B & 184C Stonewall Magisterial District "BRIARWOOD" Preliminary Matters Pursuant to Section 15.1 - 491.1 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 # Qa -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, 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 13 L I Stonewall Magisterial District T - , —4- BRIARWOOD Page 2 'Vs 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 "A" - 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. 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))-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, PROPER By: By:\, t STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Date: Date: The foregoing instrument was acknowledged before me this 7� day of lEc 4 ,1998, by FU s �e n. e _ E -+ 17f}-,— � A (rr o &,- e__ . My Commis Notary Public _ JAMES JAMES H. HEAD MY COMMISSION R CC 452995 EXPIRES: July 12, 1999 Bonded Thru Notary Public Underwriters The foregoing instrument was acknowledged before me this day of 4 .1998, by F e�4e`,u. e r, 5/�z 6—o r e � t//)r f1tvfOr Ve4,rc.(;e. 4i- A /9 . QAL1 L, My Commission Notary Public / JAMES H. HEAD MY COMMISSION N CC 452995 EXPIRES: July 12, 1999 Bonded Thru Notary Public Underwriters 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 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: 0/4 r r By: By: By: Applicant: By: Date: Date: Date: Date: Date: • I - Addendum "A" Briorwood Estates Plans 12-13--97 Master Development _ — k -- I PHASE III PHASE N-- ,2.1 L s I 3 L is_- FLl P ASES TO BE DEVE ED = fN 0 TION-1MTH GREEN 0- D IMP 0 MENT CONSTRU TIUl } PHASE II __ _ II I R - - REQUESTED 0 RP ZONING 25 Los - _ I _ ,. r 50.53 ACR 0 1 (ZO ED RP) MASTER PL D FOR 87 S.F. LOT = N ,f- - 40.71 ACRE - _ > 3 - PHASE V( \ v 21 Lots ✓ I \ I NO: Number of lots may vary in each - phase due to final engineering, site constraints and master planning. PROJECT PHASING FARMINGTON tiLW ��-» �_ "-'—"�--"---___-_ PHASING NOTE: - In 1993, Briarwood Estates master Plan was I - 20 Lots (under Construction) -� approved for 87 Homes on 40.11 Acres Zoned RP. I 1 - 25 III - 21 - 50.53 Acres are requested to be zoned to RP. IV - 35 •'`� - Combining the areas for Master Planning p'lrposes V �' �j (90.64 Acres) shall yield 230 home lots. 122 `� - No more than 87 will be built prior to the -- beginning of the Greenwood Road reconstruction Future 1S)$ (with Greenwood Road Imp. Project) PHASE I project. - No more than 122 will be built during the 230 Total Lots r-- (20 LOTS UNDER CONSTRUCTION) reconstruction of Greenwood Road. �.► .. dul..d q t ...edac.+ !.. BRrARrOOD &STAM e sue• �• e...r.. PRAZaO ARY AGSM PLAN t TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development MEMORANDUM Frederick County Board of Supervisors Evan A. Wyatt, Planning Director 0 Briarwood Estates - Proffer Statement Amendment Request October 4, 2001 540/665-5651 FAX: 540/ 665-6395 Please find attached a letter from SHIHO, Inc., to Evan Wyatt, Director of Planning dated September 6, 2001. This letter requests consideration of an 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 History 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 of Briarwood 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 of lots 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 F tates until the completion of the Greenwood Road improvement project. iR 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 �Ak Pate _ y, r--.- .u- � xW _x -Board of Supervisors Ra: Bs:ares - Proffer Statement Amendment Request W um.ale completion of the Greenwood Road improvement project. Staff met with the Building 0:I,:ial and the County Attorney to determine if this was an enforcement condition of the proffer stement. 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 Improvements. Staff Conclusions Board of Supervisors' approval ofthe revised proffer statement would enable'the applicant to finalize the platting and development of Briarwood Estates. It is estimated that Briarwood Estates will be platted to develop 204 residential lots although the approved master development plan would allow for 230 residential lots. Therefore, an additional 82-108 residential lots will be platted for the buildout of Briarwood 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 CON within this subdivision would not be anticipated until January 2002. If the modification t4this 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. EAW/rsa O:Wgendu\COMMENfSUREWNiNGIStatr Report\2001\BriwwoodEstetesProffaStatementAmendmentRequest-PCMemo_October3.20Ol.wpd an. Director of Planning Planning and Development e bf Frederick Bent Street �liester, VA 22601-5000 RE: Briarwood Estates 4-1 September 6, 2001 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 completion of this project.�Theket As variousbuildersere is a in our project are in need of lots to stay in business for the winter and spring shortage of lots 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 are 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 any one 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 Improvement ed voluntary proffers that any lots in excess of the original 1221ots can be sold, but will The undersign"Certificate of Occupancy' for the improved lots until the Greenwood Road construction not receive a undersigned voluntary 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, howeve, it was be a hardship�n. us all if we had to wait for the actual total completion before obtaining building permits. 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. Sincerely, SHIHO, Inc. s { Dave Holliday President Infunmllllull C(&TY 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 APPLICATION #003-98 OF BRIARWOOD 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 P1N'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, L, � . . -- I ---- Evan A. Wyatt 14 Deputy Director EAW/cc Attachment, cc: SHIHO, Inc. Charles Orndoff, Stonewall District Supervisor VDOT - Steve Mehkoff Fred. Co. Public Schools - Tom Sullivan Parks & Rec. - Jim Doran Fire & Rescue - Denny Linaburg Keith H. Johnson, Pres.; Carlisle Heights Homeowners Assoc., Inc. 0AAGEN DAS\APPRVLTR\BRIARW D. RU 107 North Kent Street - Winchester, Virginia 22601-5000 COMMONWEALTH of VIRC-jINIA DEPARTMENT OF TRANSPORTATION DAVID R. GENR EDINBURG RESIDENCY JERRY A. COPP COMMISSIONER 14031 OLD VALLEY PIKE_ RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 E D I N B U RG, VA 22824-0278 FAX (540) 984-5607 January 14, 1998 Mr. Stephen M. Gyurisin Ref: Briarwood - Rezoning Request C/O G. W. Clifford & Associates, Inc. Route 656 (Greenwood Road) 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Steve: We have no objection to the rezoning of the referenced property. However, before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, 51h Edition for review. Any work performed on the State right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. In addition, when considering the magnitude of existing master plans (approved and pending) under review and in the preliminary stages, VDOT should be apprised of potential impacts on transportation facilities currently in place in the rezoning proposal area. The facilities under concern include Route 657 (Senseny Road), Route 659 (Valley Mill Road) and most importantly Route 656 (Greenwood Road) which appears to be our most vulnerable facility in this rezoning proposal and its impacts. Items which should be addressed in the early stages of subdivision and/or site plan proposals are as follows: 1. Consideration should be given to the need for tapers and right turn lanes at the intersection of Route 656 and any proposed access streets (e.g. Farmington Boulevard) to the Briarwood Rezoning Area. 2. Review and/or upgrading of Farmington Boulevard when deemed appropriate under VDOT review. 3. Signalization agreements at any/all major intersections with VDOT facilities: Route 656 at Farmington Boulevard; Route 656 at Woodrow Road; Route 656 at Route 659; and Route 656 at Route 657. Each of these facility locations are potentially exposed to severe impacts now and in future years as proposed development encompasses the surrounding area. This could be severe if the normal assumptions establishing the parameters are understated. Mr. Stephen M. Gyurisin Ref: Briarwood - Rezoning Request January 14, 1998 Pasie 2 The signalization agreements should be on the basis of 100% of installation costs to be borne by the developer. The time period should be five years, with VDOT having the privilege to extend the period beyond five years if needed. The foregoing considerations should be assessed at each subdivision/site plan review stage of development. Sincerely Barry J. Sweitzer Trans. Roadway Engineer For: Norman K. Sparks Trans. Ass't. Resident Engineer BJS/rf Attach. xc: Transportation Engineer Mr. S. A. Melnikoff Mr. Kris Tierney � ��i�■ TT1N�,� 7 COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 September 16, 1997 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Chuck: JERRY A. COPP RESIDENT ENGINEER TELE (540)984-5600 FAX (540) 984-5607 Ref: Briarwood Estates at Greenwood Road (SR 656) Route 656 Frederick County We have reviewed the preliminary plan for the proposed intersection of the site road with Greenwood Road (SR 656). The proposed VDOT plan being prepared by consultants will be reviewed with the general public at a public hearing scheduled to be held October 31, 1997. The basic typical section proposed would have an urban concept with 30' between faces of curb. The combined direct impact of proposed Briarwood Estates and Coventry Court projects would be approximately 550 trips per day. Added to these estimates would be the effect of action on the Grove Property which we do not know pending rezoning decisions. With these factors in progress the potential impact on SR 656 would be significant. For the intersection to function at an acceptable level of service, the following modifications could/would be necessary: A. SR 656 roadway widening to provide right and left turning lanes, and additional width to logical termini. B. Signalization of the proposed intersection. C. Farmington Boulevard, serving both Coventry Courts and Briarwood Estates should cross SR 656 at the same location, no jog -dog -leg in the intersection. The cost of these modifications would be borne by the developer since the need would be to accommodate proposed development. Thank you for the opportunity for this early review. If you have any questions, please call. Sincerely, s � Barry J. Sweitzer, Trans. Roadway Engineer For: Robert B. Childress, Transportation Engineer BJS/rf xc: Mr. R. B. Childress, Mr. S. A. Melnikoff, Mr. C. W. Gardner (w/ copy project plans), Mr. Kris Tierney WE KEEP VIRGINIA MOVING J COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 January 23, 1998 Mr. Stephen Gyurisin Gilbert W. Clifford and Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 RE: Rezoning Request for 50.53 acres adjacent to Briarwood Estates Subdivision Frederick County, Virginia Dear Steve: We have reviewed the proposed rezoning request and offer the following comments: 1. The proposed rezoning fronts Greenwood Road (Route 652) which is scheduled for major improvements by the year 2000. These improvements are needed to accommodate the current traffic flows and to address existing safety problems inherent with this section of Greenwood Road. We cannot support this rezoning until such time that these improvements have been implemented by the Virginia Department of'1-ransportation to accommodate the existing and future traffic flows. 2. We recommend that the impact study be expanded to include the issue of solid waste disposal. We currently provide citizen refuse disposal via compactor sites. The existing convenience site behind the Greenwood Fire Company has experienced a severe overload due to increased development. This site will need to be expanded to accommodate this new development. In addition, the increased development translates to increases in collection and hauling costs at the current rate of $56 per ton. These impacts should be included in your impact analysis because of the proposed residential development. 3. Stormwater management should be addressed in the master development plan. A detailed review will be performed when the subdivision plans are submitted. 107 North Kent Street • Winchester, Virginia 22601-5000 Rezoning Comments Please provide me with a copy of the revised impact study. Sincerely, t�tra ey wsnyder, Jr., P.E. %Director of Public Works 0 0 Rezoning Comments Frederick County Parks and Recreation Mail to: Hand Deliver to: Frederick County Parks & Recreation Frederick County Parks & Recreation 107 N. Kent Street County Admin. Bldg., 2nd Floor Winchester, Virginia 22601 107 N. Kent Street (540) 665-6350 Winchester, Virginia Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 667-2139 Mailing Address: c/o Stephen M. Gyurisin 1 /20/98 200 N. Cameron Street Winchester, Virginia 22601 Location of property: East side of Greenwood Road (Rt. 656) between Senseny Road (Rt. 657) and Valley Mill Road (Rt. 659) - adJoins existing Briarwood Master Planned Subdivision. Current zoning: RA Zoning requested: RP Acreage: 50± Acres Parks & Recreation Dept.'s Comments: I would recommend that current impact information be reviewed when considering the proposed proffers for Parks and Recreation services. I have attached the most up-to-date information using the proffer model and current Capital Improvement Plan project estimates. Parks &Recreation Signature &Date: I �� Notice to Parks & Recreation Dept. - Please Return This Form to Applicant 0 • Rezoning Comments Virginia Department of Transportation Mail to: Hand Deliver to: / Virginia Department of Transportation Virginia Dept of Transportation Attn: Resident Engineer Attn: Resident Engineer P.O. Box 278 1550 Commerce Street .� Edinburg, Virginia 22824-0278 (540) 984-5600 Winchester, Virginia Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 667-2139 Mailing Address: c/o Stephen M. Gyurisin (10/14/97) 200 N. Cameron Street Winchester, Virginia 22601 Location of property: East side of Greenwood Road (Rt. 656) between Senseny Road (Rt. 657) and Valley Mill Road (Rt. 659) - adjoins existing Briarwood Master Planned Subdivision. Current zoning: RA Zoning requested: RP Acreage: 50± Acres Virginia Department of Transportation's Comments: No objection to rezoning of this property. Before development, this offi will require a comp ete set ot construction p ans detailing entrance esi drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Fifth Edition for review. Any work pertormed on State rig s-of- wa must be covered under a land use permit. This permit is issued by th office and requires an inspection fee and surety bond coverage. See attached letter from VDOT to Mr. Steve Gyurisin dated 01/14/98. VDOT Signature & s't. Resident Engr. 01/111 11 Notice to VDOT - Please Return This Form to Applicant I I 0 • Rezoning Comments Frederick County Sanitation Authority Mail to: Hand Deliver to: Frederick County Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer/Director Attn: Engineer/Director P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant's Name: G. W. Clifford & Assoc. Inc. Telephone: (540) 667-2139 Mailing Address: c/o Stephen M. Gyurisin (10/14/97) 200 N. Cameron Street Winchester, Virginia 22601 Location of property: _ East side of Greenwood Road (Rt. 656) between Senseny Road (Rt. 657) and Valley Mill Road (Rt. 659) - adjoins existing Briarwood Master Planned Subdivision. Current zoning: RA Zoning requested: RP Acreage: 50± Acres Sanitation Authority Comments: "LLII? ",d 51c- Wz. ,g je 4,cc — Sanitation Authority Signature & Notice to Sanitation Authority - Please Return This Form to Applicant ii2 i15-98 1*i8:47 IC54078 4789 FRED (0 FIRE 1JJ COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.RZ97-0008 Date Received 10/23/97 Date Reviewed 2!4/98 Applicant G.W. Clifford and Associates Address 200 N. Cameron St. Wimbester, Virginia 22601 Project NameBxim-woodSubdivision Phone No.540-667-2139 Type of ApplicationRe-Zoning Current ZoningRA 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election DistrictStoiaewaU Tag I.D. No. 55-A-184B RECOi +NDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystenKX Other REQiJREMENTS Emergency Vehicle Access Adequate Inadequate Not IdeutifiedlXX Fire Lanes Required Yes No Comments Roadway/Aisleway Widths Adequate Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not ldentifiedX.X Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes XX NO Plan Approval Recommended? Yes X No Satvre / �, Title 02/05-g8 08:47 'U54008 4759 FRED CO FIRE • raw Note - The applicant has met with the leadership of the Greenwood Fire and Rescue Co. and they are satisfied with the proffered dollar amounts to offset Fire and Rescue impacts. The Fire and Rescue Dept_ will address any safety issues, and hydrant placerments at the time of subdivision submittal. Tb c, Fite and Rescue Dept. recommends approval. J3ate ? �� 0 L� Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Greenwood Vol. Fire Co. Eddie Keeler, Chief Address & Phone: P.O. Box 3023/809 Greenwood Road Winchester, Va. 22604/22602 540-667-9417 Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 667-2139 Mailing Address: c/o Stephen M. Gyurisin (10/14/97) 200 N. Cameron Street Winchester, Virginia 22601 Location of property: East side of Greenwood Road (Rt. 656) between Senseny Road (Rt 657) and Valley Mill Road (Rt. 659) - adjoins existing Briarwood Master Planned Subdivision. Current zoning: RA Zoning requested: RP Acreage: 50± Acres Fire and Rescue Company's Comments: Fire & Rescue Company's Signature & D 11 Notice to Fire & Rescue Company - Please Return This Form to Applicant I I ' CO. 1�>>::3'�+Pp�l ORED. PUBLIC '=,�=:H f•I�?. �1?1 F.,"' Frederick County .Public Schools 1415 Amherst Street Post Office Box 3508 Winchester, Virginia 22604.2546 Telephone: (540) 662.3888 — FAX (540) 722-2788 Administrative Assistant to the Superintendent January 22, 1990 Mr, Stephen M. Gyurisin G. W. Clifford & Associates, Inc. 200 U. Cameron Street Winchester, Virginia 22601 IREF; Rezoning Comments Dear Steve: I am in receipt of your request for rezoning comments concerning a parcel of land to be rezoned from RA (Rural Area) to RP (Residential Performance) for the purpose of the construction of single family detached homes. It is my understanding the land to be rezoned is approximately 50,53 acres in size and is at the following location: East Side of Greenwood Road (Rt. 656) between Senseny Road (Rt. 657) and valley Mill Road (Rt. 659) - adjoins existing. Briarwood Master Planned Subdivision. We believe the impact of the proposed rezoning on current and future school needs should be considered during the rezoning process. sincerely, T o as Sullivan Administrative Assistant to the Superintendent cc: R. Thomas Malcolm, FCPS Rezoning Comments Frederick County Commonwealth's Attorney Mail to: County Attorney Winchester -Frederick Co. Judicial Center 5 N. Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand Deliver to: County Attorney Winc.-Frederick Co. Judicial Center 5 N. Kent Street, 2nd Floor Winchester, Virginia Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 667-2139 Mailing Address: c/o Stephen M. Gyurisin (10/14/97) 200 N. Cameron Street Winchester, Virginia 22601 Location of property: East side of Greenwood Road (Rt. 656) between Senseny Road (Rt. 657) and Valley Mill Road (Rt. 659) - adjoins existing Briarwood Master Planned Subdivision. Current zoning: RA Zoning requested: RP Acreage: 50± Acres Signature & Date: Notice to GaM - Please Return This Form to A 0 Impact Analysis Summary Introduction Planning Analysis Site Suitability/Soils Traffic Sewage Water Drainage Solid Waste Historic Sites Community Facilities Education Emergency Services Parks and Recreation Environment Other Impact Analysis Introduction The property requested for rezoning consists of 50.53 acres. This request is to rezone the entire 50.53 acre from present Rural Area (RA) to Residential Performance (RP). The project will consist of single family homes in a suburban setting and the property is evaluated in light of the proposed single family proposal. The project is herein call Briarwood Estates. Briarwood Estates is located between Valley NO Road and Senseny Road along the east side of Greenwood Road. The area to be rezoned consists of two parcels totaling 50.53 acres and currently zoned RA. In the early 1990's, 40 acres that adjoin the requested property for rezoning and zoned RP, was master planned and approved for 87 single family home lots. The developer plans to combine the two projects, revising the previously approved master plan for the entire 90.64 acres, and creating a new master plan. The combined 90.64 acres will be master planned for single family suburban homes with sidewalks, curb and gutter streets and street lighting. The property is identified as tax parcel 55-((A))-184B and 184C located in the Stonewall Magisterial District. The property is located in the Frederick County Comprehensive Plan designed Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Planning Analysis The requested rezoning is in conformance with the comprehensive plan through its UDA designation. The property has frontage on VA Route 656, Greenwood Road, where planned intersecting streets will provide access. Public sewer and water service is to be provided by the Frederick County Sanitation Authority. An initial planning analysis of the property with zoning and development constrains indicate that approximately 143 single family homes can be supported using urban design standards. Site Suitability/Soils The property to be rezoned has development limiting factors of steep slopes along the central portion of the property running north and south and an electrical utility easement also generally going north to south. The property has no other site specific development limiting factors. The property appears well suited for all categories of uses in development based on site evaluations of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Development impacts are slight on adjacent properties. The primary impact concern on adjoining properties is the change of use from open, rural land to an suburban home setting. Site Suitability - The property appears well suited for RP single family home uses and conforms with suburban land -use trends in the area. lz1� , aou 41G TALE G47 GREENWOOD ROAD - ROUTE 656 j f POST PT. aEO. 11A" PIN S 41. 50' W — 1216.68' PT. •EO. -c.. O `, 41 3' W 1 86.36 N `i a n 1 S 1• pf ; ,,yq �.w. N A W - 30.32 CARLISLE f` / / m LOT W 20.21 AC. - tn M la ' o �y • � 2 1 A vLnLn i N 37'55' E — 1253.42' v) SON PIN N 7' Zia. 455•60• `1 ON _� 32 0% HERB ERT B. COOK ' cV IN 77 30' LAND S 3 - 0 N 8.4 'W ;� �• 5' 265 'S aid o 0 R R I C K CEMETERY CO., INC. LAND g// QI 30.32 ui " O ul AC. N W 1 3 � r ul N _ � ►. 190 J N 49* 5 4034.5 N s rtj , SUSA NNA c F• h 0' a0 SCNNITT LAN p / '' p �l� ICE- 0 Soils - The soils are suitable for site development purposes. The USDA Soil Conservation Soil Survey for Frederick County identifies the soils of the property on map sheet 37 as Berks Channery silt loam and Weikert-Berks Channery silt loams. Prime Agricultural Soils - The property does not contain prime agricultural soils as identified by the Frederick County Comprehensive Plan and Soil Survey. Slopes - There is a central area of steep slopes that run north and south in the central portion of the property. The portion of the .property with steep slopes are identified in the 15 - 65% range are minimal. A majority of the site has slopes suitable for development in the 2 - 7% range. Wetlands - There are no wetlands identified on this property. Ponds and Lakes - There are no ponds or lakes on this property. Flood Plain - There are no flood plain areas identified on the property by US HUD flood maps for Frederick County. Map Number 5100630120B. Traffic gilbertk. Clifford & associates, inc. INCORPORATED 1972 Engineers Land Planners Surveyors Water Quality Analyses Corporate Office: 1 50C Olde Greenwich Drive • P. 0. Box 781 Fredericksburg, VA 22401 • (540) 898-21 15 Winchester Office: 200 North Cameron Street • Winchester, VA 22601 • (540) 667-2139 memorandum To: Review Agencies From: Ron Mislowsky ice" Re: Fieldstone Heights Area Transportation Study Date: July 25,1995 Eastern Frederick Development Company is attempting to secure approval of its Fieldstone Heights Master Development Plan. In order to gain VDOT approval, the right of way width required for Charming Drive, a future collector, needs to be established. The right of way width determination was to consider full development of the area bordered by Greenwood Road on the west, Valley Mill Road on the north, future Route 37 on the east, and Senseny Road on the south. Furthermore, the future road plan for this area was to be implemented as the basis for traffic flow. Gilbert W. Clifford & Associates was commissioned by Eastern Frederick to study future traffic flows generated by development of the study area and recommended an adequate right of way width for Channing Drive. The study was to be provided to VDOT for their consideration and use in evaluating the suitability of the 80 ft. right of way called for on the current Master Development Plan. The study area consists of 1040.5 acres which as been marginally developed. Senseny Glen, Apple Ridge, Carlisle Estates, and Brentwood Terrace are the only existing development of concentrated single family housing. No significant commercial development is anticipated in the study area. A location map is provided on Figure #1. A density of 2.2 dwelling units per acre was used to establish the total number of houses at full development in the study area. Our traffic generation estimate is based on 2,289 lots. To determine trip generation by the study area, a factor of 10.016 was applied to the housing volume to develop total trip ends per day. The ITE Trip Generation Manual, 4th Edition generation rates are commonly accepted. The total trips generated on a daily basis is 22,928. Finally, the distribution of the site generated trips was assumed. There are nine points where traffic from the site can gain access to the major collector roads. Trips were routed to each of the access points based on probable destination and route convenience. The percentage of trips to each access point, as well as the future road network for the area are shown on figure #2. The trips per day on Channing Drive through Fieldstone Heights is estimated at 4,586. BOARD OF DIRECTORS `J Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. P. E. Earl R. Sutherland, P. E. c P. Duane Brown, C. L. S. William L. Wright, Laboratory Director Onorandum to Review Agencies Fieldstone Heights Area Transportation Study July 25,1995 The VDOT subdivision street requirements require a 24' pavement width and a 60 ft. right of way for local roads with daily trips over 4,000. It is our belief that the 80 ft. right of way proposed by the developer would meet all of VDOT needs for this roadway. According to 1993 traffic counts on Valley Mill Road, there are 401 trips per day on that road. In order to determine the lane requirements for Channing Drive at the future intersection it was assumed that the trips on Valley Mill Road double. It was further assumed that a vast majority of those trips are generated by single family uses. Using the ITE Trip Generation Manual, peak hour trips for Channing Drive and Valley Mill Road were estimated. The results are as follows: Channing Drive 4,586 TPD/10.016 TPD/Unit = 458 units 458 units x 1.012 TPH (p.m. peak hour generator) = 463 64% enter, 36% exit, 50% southbound Valley Mill Road 802 TPD/10.016 TPD/Unit = 80 units 80 units x 1.005 TPH (p.m. peak hour adjacent street) = 80 Assume 50% southbound Using these hourly trip rates an unsignalized T intersection was evaluated using the 3 lane layout on the local road and Valley Mill Road as proposed by the developer. This analysis reflects the methodology provided in the Highway Capacity Manual, SP209. The results indicate the intersection operates at a level of service "A". The calculations are provided in Figure #3. It is our opinion that the lane configuration proposed by the developer is adequate. The capacity of Valley Mill Road was not evaluated by this study. Surely growth in the area will effect its level of service. Future improvements to Valley Mill Road may be required to implement the County's Eastern Road Plan. Should questions concerning the calculations, attachments, or findings arise during review, please do not hesitate to contact the writer directly. • _- II TI J� • w r ,Y, �_� � __ _ � `I' � •\ -- _".ii/i,.r•._ - � �,j _ `,�' - 1 tiles• �_,• •• ,049 49- _00 J. 0) 81 H � / rj 0 1, Sso ,Cr O E � J � �"�' w. C 7 Gilbert W. Clifford and Associates FIELDSTONE HEIGHTS 200 N. Cameron Street Area Transportation Study Winchester, Virginia, 22601 Location M a p 703-667-2139 Frederick County, LOCATION: Fieldstone Heig , a Rte 659 NAME: ram HOURLY VOLUMES VOLUMES IN PCPH Major Street: Valley Mill Rd N- 40 - V(5) - V(5) V(2) - 40 147 - V(4) V(2) - 206 - V(4) V(3) - 146 V(3) - V(7) - 82 STOP V(7) - 115 83 - V(9) YIELD 116 - V(9) Date: weekday Time Period: PM Peak Hr N- Avg Run Spd: 35 Minor Street: Crooked Lane VOLUME ADJUSTMENTS Movement No. 2 3 4 5 7 9 Volume (v h) 40 146 147 40 82 83 Vol. (h c Table 10-1 factor = 1.4 206 115 116 ) RT From Minor Street Conflicting Flow, V(c) 1/2 V(3) + V(2) = 113 vph(V(c9)) Critical Gap, T(c), and Potential Capacity,c(p) T(c) = 5.5 c(p9) = 670 pcph Actual Capacity, c(m) c(m9) = c( 9) = 1000 pcph LT From Major Street Conflicting Flow, V(c) V(3) + V(2) = 186 vph (V(c4)) Critical Gap, T(c), and Potential Capacity,c(p) T(c) = 5.0 c(p4) = 1000 pcph Percent of c(p) Utilized and Impedance Factor (v(4)/c(p4))'100 = 20.58% P(4) = 0.85 Actual Capacity, c(m) c(m4) = c( 4) = 1000 pcph LT From Minor Street Conflicting Flow, V(c) 1/2 V(3)+V(2)+V(5)+V(4) = 187 vph(V(c7)) Critical Gap, T(c), and Potential Capacity,c(p) T(c) = 6.5 c(p7) = 730 pcph Actual Capacity, c(m) c(m7) = c( 7) ' P(4) = 623 pcph SHARED LANE CAPACITY C(sh) =y(7 + v(9) = 768.85 (v(7)/c(m7)) + (v(9)/c(m9)) Movement No v(pcph) c(m)(c h) c(sh)(c h) c(r) LOS 7 115 623 623 508 A 769 538 A 9 116 1000 1000 884 A 4 206 1000 - - 794 A PROJECT NAME - Fieldstone Heights DATE - 20 July 1995 SITUATION: Full development of study area Figure 3 • 0 Fiscal Impact The fiscal impacts of the Briarwood Estates rezoning are measured for capital costs that relate to the improvements necessary for the County to increase the capacity of public facilities. The amount of the impact for any rezoning and subsequent land development such as Briarwood Estates depends upon location and land uses. Using the rezoning impact model provided by Frederick County Department of Planning and Development, the total capital cost of requiring new facilities generated by the Briarwood Estates rezoning is considered for each local governmental department for its respective service area. In this case these departmental areas include: - Schools - Parks and Recreation - Fire and Rescue As evidenced by the model forecast, the capital cost is for new capital costs calculated for Schools, Parks and Recreation, and Fire and Rescue. The amount for Schools is $453,255.00; for Parks and Recreation is $75,066.00. New capital costs for Fire and Rescue not covered by Frederick County contributions is modeled at $5,729.69 for 127 single family dwelling units. Briarwood Estates, when rezoned and developed, warrants a credit of $64,382.00 based upon its overall net fiscal impact due to taxes that will be paid by the project in future years. Briarwood Estates generates a net negative impact in accord with the Frederick County Impact Model Report for this rezoning proposal. Future credits that go toward funding existing debt service are determined by the model and applies to School, Fire and Rescue, and Parks and Recreation departments only. The rezoning impact model for Frederick County does not calculate positive fiscal impacts associated with non-residential land uses. Instead, only impacts associated with residential uses are actually shown. In the case of non-residential uses a zero ($0) value impact amount or value is shown due to large amount of fiscal impact associated with such commercial or office (non-residential) land uses. The Frederick County impact model shows that there is a net impact of $4,193.15 ($4,148.04 per unit les fire and rescue addendum) per unit for the Briarwood Estates rezoning. The model impacts reflect a change of RA to RP for the purposes of calculating impacts. Impact Model Report The following impact model report was generated on October 21, 1997 assuming 127 single family homes on 50.53 acres from RA zoning to RP zoning. A per unit impact is calculated at $4,193.15. ------------------------------ - ---- OUTPUT MODULE Capital Costs Fire Department $349 Rescue Department $651 Elementary Schools $169,1 51 Middle Schools $53,246 High Schools $289,250 Parks and Recreation $78.537 TOTAL $591,183 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions ------------------------- ----------------------------------- Net Credit fo, Fiscal Taxes to Impact Capital Net Credit Ste. Impact $2,520 $0 $0 $58,391 $453,255 $3,471 $75,066 $64,382 $526,801 -------------------------- $5,729.69 NOTES: Model Run Date 10/21 /97 EAW P.I.N. 55-A-184B & 184C Rezoning: Assumes 127 SFD on 50.53 acres zoned RP. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. Environment There are no known major environmental impacts as associated with the rezoning of this property. There will be certain minor negative impacts due to the construction activity including runoff sediment, noise, and constructed related traffic and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. There are no known endangered species of fauna, flora or wildlife which will be affected by this project. Groundwater and air quality should be unaffected. Other This zoning change from RA to RP would create a fiscal impact as identified in the Frederick County Impact Model Report that is attached. These impacts are off -set with contributions proffered to Frederick County. There are no known other impacts other than the impacts identified in this study. ` Irj C 1146 rPD _A 146 TPD 5% i. )c86 �Pn� k1I A 01 b (1 �I X I ' S I 207 4586 TD I I I 'S 5 % 1146 D • ' f l 11i � I I ti 20% �M 486 , T PDJ80qf )POS'D 1 ,I Le end Arterial Major Collector --- Minor Collector -- — -- Study Area Boundary re- Gilbert W. Clifford and Associates, Inc. Fieldstone Heights Engineers Land Planners Surveyors I Area Transportation Plan 150 C g(de Greenwich Dr. 200 North Cameron St. redericksburg, Virginia 22401 Winchester, Virginia 22601 703) 898-2115 (703) 667-2139 Frederick County, Virginia SCALE none t OF t • T A X R E C E I P T - Y E A R 1 9 9 7 Ticket #:00116020002 LdLd Date : 12/04/97 COUNTY -OF FREDERICK C. ��ILLIAM ORNDOFF, JR Register: CW P.O. BOX 225 Trans. #: 22133 133 Dept # RE9702 WINCHESTER VA 22604 ACCT## 15902 1997 R.E.TAXES Previous Principal 30.32 ACRES 55 A 184C Balance $ 48.76 Acres: 30.32 4g.76 Principal Being Paid Land: 91000 Imp: 0 Penalty $ .00 Interest $ .00 GROVE, EUGENE F. & BARBARA L. Amount Paid $ 48.76 340 W PARKINS MILL RD *Balance Due WINCHESTER, VA. as ofl2/04/97$ .00 22602 4735 CK FM 5648 Pd by GROVE, BARBARA ANNE ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 1 9 9 7 COUNTY"OF FREDERICK C.�WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 1997 R.E.TAXES 20.21 ACRES 55 A Acres: Land: 101100 Imp: GROVE, EUGENE F. & BARBARA L. Ticket #:00116010002 @@ Date : 12/04/97 Register: CWO/XD Trans. #: 22133 Dept # RE9702 ACCT# 15901 Previous Principal 184B Balance $ 30.30 20.21 .30 Principal Being Paid $ 300 0 Penalty $ . Interest $ .00 Amount Paid $ 30.30 340 W PARKINS MILL RD *Balance Due WINCHas of12/04/97$ •00 22602 4735 VA. CK FM 5648 22602 4735 Pd by GROVE, BARBARA ANNE (DUPLICATE) ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. 470 2686A BMBtdhc 9-1-76 13506 DONALD H. EBERSOLE, ET UX TO- , EUGENE F. GROVE, ET UX sor, 498 and dated thih 1st day of September, 1978, THIS DEED made DONALD H. EBERSOLE and ALICE H. EBERSOLE, his wife, b by and etween and the first part, hereinafter called the Grantors, parties of BARBARA L. GROVE, his wife, parties of the EUGENE F. GROVE and I second part, hereinafter called the Grantees. and in consideration of the sum Of WITNESSETH: That'for 'Pen (510.00) Dollars, cash in hand paid, and other good and the receipt of which is hereby acknowl- I valuable consideration, with general edged, the Grantors do hereby g rant and convey title unto the Grantees, in fee aimple, as tenants by warranty of right of survivorship, all of those t o the entirety with common law ti tracts or parcels of land, together with the certain contiguous belonging, improvements thereon and the appurtenances thereunto !' more or less, and the other containing one containing 20.21 Acres, v. less, ling and being situate about three y 30.32 Acres, more or Magisterial District, Fred East of Winchester, in Shawnee • miles Virginia, and being the same parcels of land identifi rick County, "D" that certain plat of metes and r� and designated as "C" and on 19, ,.• description. made by Lee A. Ebert, Surveyor, dated June s bounds the Clerk of the Circuit Court of 1. 1973, of record in the Office of being ' 1 Frederick County, Virginia in'Deed Book 416 at Page 6511 and conveyed to DH. Ebersole by deed dated he same property the record in the i Au st 16, 1973, from Bettie E. Winslow, et al, of gu �. �. Office in Deed Boot. 416 at Page 649. Reference aforesaid Clerk's plat and deed for a more particular s'• is made to the aforesaid E description of the property herein conveyed. t is made subject to all easements, rights This conveyance of record affecting the subject property. of way and restrictions do hereby covenant that they have the right The Grantors shall ui glieneaand to convey to the Granteest that the Grantees .. ohave umpropertyfree fr nvt of the said . �...........-- .n.....•d peace able possession �. soon will grant such further assurances of title ,, ...............a encumbrancesi and they as may be requisite. I 471 i, V: Vc� 498 wi 471 WITNESS the following signatures and seals: `may. / (SEAL) N LD 1 EBE LE (SEAL) ALIC% H. EBERSOLE STATE OF VIRGINIA, OF TO -WIT: 1 ti� a Notary PIIJlic in and I, for the State and aforesaid, do hereby certify that DONALD H.•EBERSOLE and ALIC�IE H. EBERSOLE, his wife, whose names are signed to the foregoing Deed, dated September 1, 1978, have personally appeared before me and acknowledged the same in my Stet• and aforesaid. -d 1978. Given under my hand this Aay of �'• My Commission expires •/ 23.1N A razoz? x Cou:1ry, SCr. T.Jik tnstri;:nent c!t wciLng was produce 6.to me of tno 19 at .:,d with cerhd at3 cit ac[A-iiviAgneat ther3to anascil N13 jdcnitred to rj.:.,:d. Tu,ru.>osai ajr dre. l of and 53.54 have been paid, if a.ss.s..ble. bj_�� Clark. -2- 1 DMB:fmcl 6101 10-26-87 #8352 BETTIE E. WINSLOW, ET VIR TO: DEED GREENWOOD RAOD REALTY PARTNERSHIP OK663FG570 THIS DEED made and dated this 29 day of October, 1987, by and between BETTIE E. WINSLOW and W. JESSE WINSLOW, her husband, parties of the first part, hereinafter called the Grantors, and GREENWOOD ROAD REALTY PARTNERSHIP, a Virginia Partnership, party of the second part, hereinafter called the Grantee. MITNESSETH: That for and in consideration of the sum of Ten (310.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, as specific partnership property, pursuant to Title 50, Code of Virginia, as amended, all of those two certain tracts or parcels of land, lying and being situate in Shawnee Kagisterial District, Frederick County, Virginia, and more particularly described as follows: TRACT ONE: All that certain tract or parcel of land, containing 10.000 Acres, designated Tract A-1 on the plat of survey drawn by L. Allen Ebert, C.L.S., dated September 15, 1987, attached hereto and by this reference made a part hereof as if set out in full; and TRACT TWO: All that certain tract or parcel of land, containing 30.32 Acres, and more particularly described as Tract "B" on that certain plat of survey drawn by Lee A. Ebert, C.L.S., dated June 19, 1973, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 416 at Page 647- 648, and by this reference made a part hereof as if set out in full; TRACTS ONE and TWO being a portion of the same land conveyed to Bettie E. Winslow by deed dated August 16, 1973, from Donald H. Ebersole, et al, which is of record in the aforesaid Clerk's Office in Deed Book 416 at Page 645. •, T 0 • • M63PC571 This property is conveyed subject to the following estrictive covenants, which are for the benefit of Tract A-2 10.688 Acres) retained by the Seller: 1. No permanent buildinq shall be erected on any tract prior to the erection of the residence thereon. No temporary 9 a hall be erected or placeueed in on ytract building except those customarily with the building operation, and in such cases, for a period of time not to exceed nine months. 2. No abandoned vehicles will be permitted on any lot or parking area. (For this purpose, an abandoned motor vehicle is defined as one being inoperable or which bears no or expired license plates.) 3. With respect to Tract A-1 (10.000 Acre Tract), said property shall be used only for single family dwelling units and, with respect to the Western half of the u0.32 acre tract, said property sed only for single family dwelling units or townhouses, and all dwellings shall meet the following minimum required total finished living space (outside foundation dimensts, aragessand basements, ofathe carports, g g following types of dwellings: (a.) Rambler, ranches, one story or above ground levels and multi -level homes 1400 square feet; (b.) Slit stories,yer and e - total of1800 square and fast; (c.) Two stories - g00 finished square feet each floor; (d,) Townhouses - 640 square feet each floor. All structures must have a minimum roof pitch of 5/12. The Grantors do further grant and convey unto the Grantee a 20 foot wide temporary easement for the construction of a water line across the remaining land of the Grantor 2 ex663PG572 (10.688 Acre Tract), which lies to the South of the property herein conveyed, and at a location selected by the Grantee. Upon construction, the Grantor does hereby grant and convey a permanent easement, 10 feet in width, for the operation, maintenance and reconstruction of the said water line at the same location as the temporary construction easement, provided, however, that any property disturbed shall be restored to the same or substantially the same condition as existed prior to the construction of said water line. The Grantors do further grant and convey a permanent easement for a sewer main along the Northern boundary of the lot lying on the West side of Greenwood Road, and which sewer easement shall be 20 feet in width for a temporary construction easement, and shall upon completion of said sewer line, be a 10 foot permanent easement for the operation, maintenance and reconstruction of the said sewer line. The Grantee shall restore the subject property to the same or substantially the same condition as existed prior to the construction of the sewer line. The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: la) .nlL�..DSEAL) AE IlE5 L 0 W W 5 FINAL PLAT: BET TIE E. WINSL 0 W VA. ROUTE 656 D.B. 416 — P. 645 SHAWNEE DISTRICT IFREDERICK COUNTY VIRGINIA ASJ �R� lERlll ►C :L� :E ' / � EHS[NE,,I,,rrG 11T1 QI iR0LL1ttG IIEID3 „`-%'I I 1 I�nwyl I APPROVALS: OKG63rG574 /"^ ZONED: RP HILLS 15 SEPTEMBER 1987 I � 5 GREINFIELD t:EIG ' 3 SITE 165 _t,` I � DATE VFIW" DEPARTMENT OF TRANSPORTATI "� u -'---� FREDERICK COUNTY SANITATION AUT DATE B FREDERICK COUNTY SUBDPlfMDN DATE FREDERICK COUNTY PLAIMQ COME« "^u . .�Q FREDERICK COUNTY BOARD OF ri - ----- * �tp DATE ` / ) OWNER'S CERTIFICATE: THIS DN►SION, AS IT APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND ACCO90ANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, AGENT OR TRUSTEE SURVEYOR'S CERTIFICATE: I CF�A�' ATtY THAT BY DATED It AUGUST N THIS N DEALLED BOOKTHE AND CONVEYED TOO UTTIE E. WWLOW AS TRACT L ALLEN OW pR FESSIMAL LAND SURVEYOR ��s>a35 w =AIIDV Sr. 1448 NZ-aESTM, VA 220 ) 70J 667 3233 er • BABA L ,ROVE E. W PS 645 EUGENE F. �49Ag _ p, 470 BET-TIED4 6 - DB gyp-• TRAGT B. Ro 25.2f 1 6 _ IRON PN N. 07" 666.34' g 54. TRACT A -1 ° m N. 10.000 ACRES ,o N W r- f� M P cD � 122.22' 1 � � � �RDN PINLL, _IRON PN Z S 45'59'49" E ; ri O r- 231.96' i - O— N WORD N M Q ar 17' 3B" � 7' 149.95' AAC 149.9r w 5 _ 51. 15' DID' 492.77- " IRON PIN ; 0 0 Q h 39• 4T 43" E 5' TRACT A -2 N o°b 0 0 10.688 A CRES i, • Z W p1DRD in w ., .�. Ri5 M 199.66 W AAG 199.91' 06' w 13l.71' � _ 774.61' a 51. 15' 00" W IRON PN Y ►749.50'1 yd� S r- _ CN TRUSTEES OF GREENW00D BAPngT CFNRr, W du D.B. 514 - P. 213 PALRT T4- 1498 vO OxG63rc57G The Accompanying Plat represents a Division Survey of Tract "A", a Portion of the Land conveyed to Bettie E. Winslow by Deed dated 16 August 1973 in Deed Book 416, Page 645. The said Land fronts the Center.Line and lies Southeast of Greenwood Road, Va. Route 656, in Shawnee District, Frederick County, Virginia: Beginning at a point in the Center Line of Va. Route 656, a corner to the Greenwood Baptist Church Land; thence with the Five Following said Lines. N 44' 06' 40" E - 131.71 ft.; thence with the Arc Line, 199.91 ft. (Chord N 41' 57' 12" E - 199.86 It.. Radius 2,653.956 ft.); thence N 39' 47' 43" E - 2U6.35 ft.; thence with the Arc Line, 149.97 ft. (Chord N 41' 17' 38" E 149.95 ft., Radius 2.867.109 ft.); thence N 42' 47' 32" E - 528.67 ft. to a corner to the Grove Land; thence with the Southwestern Line of the said Land. S 54' 31'07" E - 25.21 ft. to an iron pin, and continuing. S 54' 31' 07" E - 686.34 ft. 1N ALL to an iron pin (found) in the Northwestern Line of the Winslow Land (Tract "B"); thence with the said Line and the Northwestern Line of the Shoup Land. S 37' 55, 00" W - 1,253.42 ft. to an iron pin, a corner to the said Greenwood Baptist Church Land= thence with the Northeastern Line of the said Land. N 51' 15' UU" W - 749.50 ft. to an.iron pin, and continuing, N 51' 15' 00" W - 774.61 ft. IN ALL tc the beginning. Containing: Tract A-1 - 10.000 Acres Tract A-2 - 10.688 Acres Total - 20.688 Acres Surveledt 15 September 1987 .%,i1fi1A FREDER= Ciu...., This insbument of writing was produosd to me oa t ��-1,4, 19Vat8_l1Vq nd with ccimowledgment thoreb Anne ca i amitted to rea ud. Tax imposed by Sec. 5&A- l of jamr— and 58,54 have been paid. d a 4w • (LICENSE) Ho. 1498 • C7 IIBK883PU" 1 289 'PHIS DEED made end dated this 4 day of July, 1997, by and between s Virginia Limited Liability Company, Part' of the berehWtrs called the Grantor, and $ IUHQJNC-a Virginia Corporation, Party of the first part, second part, hasinafter called the Grantee. yMTjML-ril: That for and in consideration of the sum of Ten (S 10.00) Dollars, cash hard paid, other good and valuable consideration, the receipt of which is hereby WkJowledged, the Grantor does hereby grant and convey with general warranty of title unto the in foe simple absolute, all of that certain lot or parcelof land, together with the Gruftc, unprovcments thmon and the appurtenancesthereunto belonging, lying and being situate in District, County, Virginia, particularly described as containing e Q per, 3 NL Stew drawn b L. Allrn Ebert, C.L.S., 10.000 aces and designated Tract A-1 on that certain survey y a; dated Sepoember 15,1987, attached to the hacinafiCr mrntionxd deed, and by this reference made a potheeof as if ad out in full; and being a portion of the same land conveyed to Gremwood Red Ratty PAP. a Virginia partnership by deed dated October 29, 1987, from Bettie E. ' Winslow, St vir, of record in the Cle,-k's Office of the Circuit Court of Frederick County. r V in Deed Boots 663 at Page 570; Gmenwood Road Realty Partnership converted to a rrYinia, - limited liaWity oomPmy by Conversion Charter issued by the State Corporation Commission on imnary 30,1997. A copy of said charter is attached hasto as Exhibit A. Rt&MM is made to the aforesaid deeds, plat and other instruments for a more psrtivJlu de=p6m of the property basin conveyed. This coaysyana is made subject to all rights of way and restrictions of record affecting the subject property. a Y r; • QKB03PG • 1290 The Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: GREENWOOD ROAD RTATli'Y, L.L.C. (SEAL) Carlin L. Smith, STATE OF VIRGINIA, CITY OF WINCHESTER, TO -WIT: I, O► Ic a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Benjamin M. Butler, Member/Manager of Greenwood Road Realty, L.L.C., whose name is signed to the foregoing Deed, dated the IF3 day of July, 1997, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this I8 day of July, 1997. My Commission expires (' 30 - "U 0�'nvrla m� NOTARY PUBIAC Z 1 rX. • aooK 41G FAu G4 i GREENWOOD ROAD — ROUTE 656 — POST PT. AEO. ",�" S 41- 50' W — 1216.68' �— IRON PIN PT. 8E0.-C aI O S 41. 30' W - 1086.36''0 Wcv —S41'50' W- 130.32' o CARLISLE NI r co LOT 20.21 AC. 0� '�C' 3 ° �_� �� • 20. 21 AC.cn : Q1 v.1i N 37'55' E — 1253.42' o IRON PIN N�-37' Z,o 455.60' -P N� E 1 32.90, HERBERT B. COOK � (Vd N54•30, 7.30, LAND N48 � w-208.94' w-250.501- r NS!'-45 'lo 0 45�E 269.5p1 g< o 2 1 co Q „8„ HD O o O N 30.32 0 30.32 �» N AC. ul N AC. 1 N' w 3 i 0 R R I C K CEMETERY ul v CO., INC. LAND N ul of Z d Z N4 - , 540 45E N49.30, ru,4 445.55 SlJSA N N A F S r 0 a CHMIiT LAN p r- i January 16, 2002 Mr. Thomas M. Dickinson, Jr. 102-2 South Kent Street Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Lots 110-111 and 125-127 Section 6, Briarwood Estates Dear Mr. Dickinson: We have received your letter dated January 14, 2001, in which you requested a determination regarding compliance with associated proffer statements pertaining to the conveyance ofthe subject lots in Briarwood Estates. On October 10, 2001, the Board of Supervisors approved the amended proffer statement which would allow the development of any remaining lots in all sections of Briarwood Estates. The conveyance of the subject lots after October 10, 2001 is in compliance of the aforementioned revised proffer statement. If you have any questions, please feel free to call. Sincerely, / ul-Awli Patrick T. Davenport Zoning and Subdivision Administrator PTD/kac Enclosure U:\Patnck\Common\M w conespUetterto Mdanson_Bna woodwpd 107 North Kent Street - Winchester, Virginia 22601-5000 • H L f 6Ui'tl I October 11, 2001 SHIM, Inc. Mr. David B. Holliday P.O. Box 2715 Winchester, VA 22604 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, Milt Director EAW/ch cc: Jane Anderson, Real Estate Steve Melnikoff, VDOT John Trenary, Building Inspections OAAgendaMpproval I trs\REZ's\BriarwoodEslatesRevisedProffers.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 • LAW OFFICE THOMAS M. DICKINSON, JR. A PROFESSIONAL CORPORATION 102-2 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 (540) 667-1 095 FAX (540) 722-0327 January 14, 2002 Mr. Patrick Davenport, Zoning Administrator for Frederick County 107 N. Kent Street Winchester, Virginia 22601 Dear Mr. Davenport: I represent Dan Ryan Builders, Inc. which recently acquired lots 125 through 127 of Briarwood Estates, Section 6 from Dave Holliday. Dave had previously acquired these lots from SHIHO, Inc. Please refer to page 8 of the Deed of Dedication for this section and in particular Section 4(B). This prohibits any conveyance by SHIHO, Inc. until such time as Frederick County, Virginia is satisfied that the proffer statement made by SHIHO, Inc. has been met. I am enclosing this page. The Dedication is dated February 21, 2001 and is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument #010000215. Please confirm that SHIHO, Inc. complied with this requirement concerning its proffer statement. Sincerely, Thomas M. Dickinson, Jr. TMDJr/cad Enclosure 1�G��I��� J AN 1 5 ZOE -OT nF ai ANNNG�nPVR Op"". A 0 OTHER MATTERS O N N N 1. The property dedicated hereby is subject to certain easements designated "Sanitary Sewer Easement," Water Easement," "C&P Telephone Co. Easement," "Potomac Edison Co. Easement," "Allegheny Power Co. Easement," and Shenandoah Gas Co. Easement" as indicated on said attached plats, which easements are hereby dedicated for public use and access. Shiho, Inc.. does hereby grant and convey unto the Frederick County Sanitation Authority perpetual easements for the installation and maintenance of water and sewer lines and any related facility on the easements designated on said plats as Sanitary Sewer Easements and Water Easements. 2. The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats for the purpose of surface water drainage easement, which easements are hereby dedicated for public use and access. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and Shiho, Inc. does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. Shiho, Inc. does further agree that Frederick County shall be under no obligation to maintain said drainage easements. No owner of any lot shall interfere with the natural drainage of surface water from such lot to the det: i.:.e :t :,f a:.y ;,tl;e: Yrcre.;y 51,c,wzJ or. Baia plats. 3. All lots are subject to a 20' Slope and Drainage Easement along all rights - of -way and a 10' Utility and Drainage Easement along all property boundary lines. Shiho, Inc. reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace" underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along said 10' Utility Easements on each lot and along those areas intended for public access on the attached plats. In addition, there shall be Service Easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed. or shall be located as such utilities are actually extended to the individual lot after the call for connection by the lot owner. ti. (A) Individual site plans are required for Lots 99— 103 and 112-113 prior -7 to issuance of building permits. See the attached plat (sheet 3) for additional requirements for Lot 102. (B) Lots 110— 111 and 125— 127 cannot be conveyed by SHIHO, INC., its -> successors or assigns, until such time Frederick County Virginia is satisfied that the proffer statement made by SHIHO, INC. has been met. 5. The covenants and restrictions of this deed shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this deed and declaration, his legal representatives, heirs, successors and assigns, for a term of ten years from the date this deed and declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten years. The 8 0 r7 CULISLE NEICIITS YIMEOW&S IISSICMTION INC. Pogi Office Box 2241 Windiester, Virginia 22604 March 29, 1998 Mr. Evan A. Wyatt Deputy Director, Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601-5000 Re: Rezoning Application #003-98 Briarwood Estates Dear Mr. Wyatt, On March 25, 1998, the Carlisle Heights Homeowners Association held a meeting for the expressed purpose of discussing the rezoning of Briarwood Estates which adjoins our subdivision of Carlisle Heights. At this meeting, many of the facts and information that was shared at the Frederick County Planning Commission public hearing was brought to the attention of the residents of Carlisle Heights. At this Homeowners Association meeting a vote was taken from the residents in attendance as to whether the proposed road connection between Carlisle Heights and Briarwood Estates would be desirable to the residents of Carlisle Heights. The residents of Carlisle Heights voted to endorse the proposed road connection between Carlisle Heights and Briarwood Estates with the understanding that this connection would be in Section IV of Carlisle Heights in the area across from Charlton Road. If you have any further questions, please feel free to contact me at 662-9891. Sincerely, Keith H. Johnson President Board of Directors KHJ/ cc: SHIHO Inc, % 4F O COUNTY of FREDERICK I Department of Planning and Development 540/665-5651 FAX: 540/678-0682 February 18, 1998 I I inFICAnom Of PUBLIC HEARlI IG TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #003-98, BRIARWOOD ESTATES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on March 4, 1998 at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #003-98, Briarwood Estates, by SHIHO, Inc. to rezone 50.53 acres currently zoned RA (Rural Areas) to RP (Residential Performance). This 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 Briarwood Estates subdivision and Carlisle Heights subdivision. It is identified with Property Identification Numbers 55-A-184B and 55-A-184C in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Evan A. Wyatt Deputy Director EAW/cc O:\AGEN DAS\ADJ OIN E RIB RIAR W D. REZ 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 This is to certify that the attached correspondence was mailed to the following on 2 from the Department of Planning and Development, Frederick County, Virginia: 551-- I - 2 - f f -kr u [ — 55C -1. - 1-,2,3 SLUDER, HERBERT L & BETTY J 528 GREENWOOD RD WINCHESTER, VA 22602.7628 55C - 1- - 4. KECKLEY, BARBARA A. 544 GREENWOOD RD WINCHESTER, VA. 22602-7628 55C - 1- - 5. KEPLINGER, SUE E. 552 GREENWOOD RD WINCHESTER, VA 55C - 1- - 6- CONNELL, LAWRENCE H. 560 GREENWOOD RD WINCHESTER. VA 55C - 1- - 7- MENCER, DONALD R 586 GREENWOOD RD WINCHESTER, VA 55C - 1- - 8- ASHBY, KENNETH G 576 GREENWOOD RD WINCHESTER, VA 22602.762E 22602-7628 22602.7628 551 - 1-2- 1- LONGERBEAM, C C INC PO BOX 2018 WINCHESTER, VA 22604.1218 551 - 1-2- 2- SEAGROVES, DONALD r, & WANDA S 102 WOODROW RD WINCHESTER, VA 22602.7600 551 - 1. 2. 3. MAUCK, JAMES W & MONICA N 104 WOODROW RD WINCHESTER, VA 22602.7600 551 -1-2- 4- HAMMOND, CHRISTOPHER SCOTT 106 WOODROW RD WINCHESTER, VA 22602-7600 OK41,,ued �cxt Pn3e .. . L 22602 762e Evan A. tVyatt, De ty irector Frederick Co. Pla 'ng Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated -D I P 9 F, , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of f t I��t jauj My commission expires on t� i� a `-- --NOTARY PUBLIC LJ • Briarwood Notary Sheet Page 2 February 18, 1998 551-1-2.5.t7 GREWAL, RAVINDER S & RITA K 720 TREYS DR WINCHESTER, VA 22601-3200 551 -1-2- 6. NOEL, WADE A & TINA R 110 WOODROW RD WINCHESTER, VA 22602.7600 551 - 1.2- 8- ROGERS, ALLEN E & FOREMAN, APRIL R 114 WOODROW RD WINCHESTER, VA 22602-7600 551 - 1- 2- 11- BENDER, CLAUDE F. & BETTY C. 120 WOODROW RD WINCHESTER, VA 22602.7600 55I-1-2-09, 10& 14 Samuel & Lettie Mallia 10 Murray Drive Easton, PA 18042-7080 551 - 1- 2- 12- BRUTON, JOHN M & MARY B 124 WOODROW RD WINCHESTER, VA 22602.7600 551 - 1. 2- 13- YOST, EDWIN B TRUSTEE 4127 BEE RIDGE RD SARASOTA, FL 34233-2556 551 - 1- 3- 122- GRIMES, THOMAS F & POWELL, MARJORIE ANNE 138 WOODROW RD WINCHESTER, VA 22602-7600 551 - 1- 3. 123- CHAMBLIN, KENNETH N 140 WOODROW RD WINCHESTER, VA 22602-7600 551 - 1- 3- 124- GARZARELLI, DANIEL J & JODI L 142 WOODROW RD WINCHESTER, VA 22602.7600 551 - 1- 3- 125- ORDONEZ, MANUEL & SHARON 114 WOODROW RD WINCHESTER. VA 22602-7600 551 - 1- 3. 126- CHASTEEN, MELTON D & MARY 200 WOODROW RD WINCHESTER, VA. 22602.7601 551 - 1- 3. 128- GRACE, MICHAEL A & TAPITHA K 204 WOODROW RD WINCHESTER, VA 22602.7601 551 - 1- 3- 131- SECRETARY OF HOUSING & URBAN DEV 3600 CENTRE 3600 BROAD ST RICHMOND, VA 23230.0331 551 - 1- 3- 132-, 19), /gs RUSSELL, GLEN E & JUDY S 2619 WOODSIDE RD CLEARBROOK, VA 22624-1355 551 - 1-4- 181- BURKETT,GREGORYA 218 WOODROW RD WINCHESTER, VA 22602-7601 551 - 1- 4. 183- HUGHES, JOHN W & CHRISTINA A 302 WOODROW RD WINCHESTER, VA 22602.7602 551 - 1- 4- 184- STOPHER, LINNEA W 304 WOODROW RD WINCHESTER, VA 22602.7602 551 - 1.4- 186- GREER, GORDON R JR & TAMMY S 308 WOODROW RD WINCHESTER,VA 22602-7602 55 - A- - 184-A GREENWOOD ROAD PO BOX 2097 WINCHESTER, VA 22604-1297 55 - A- - 184-B r; GROVE, EUGENE F. & BARBARA L. 340 W PARKINS MILL RD WINCHESTER, VA. 22602-4735 55 - A- - 184-D SHIHO, INC PO BOX 3276 WINCHESTER, VA 22604-2476 1. Briarwood Notary Sheet Page 3 February 18, 1998 55 - A- - 1 B5- JASBO, INC 55I-1-3-122 & GB L III PO BOX 8 BOX B Thomas F. Grimes WINCHESTER, VA 22604-OBBB 138 Woodrow Road Winchester, VA 22602 55 - A- - 206- LYNNEHAVEN, L C 112 N CAMERON ST 55I-1-3-123 WINCHESTER, VA 22601-4745 Kenneth Chamblin 140 Woodrow Road Winchester, VA 22602 55-A-184 Bettie Winslow 55I-1-3-124 711 Greenwood Road Daniel & Jodi Garzarelli Winchester, VA 22602 142 Woodrow Road Winchester, VA 22602 55-A-200 James & Ardeyth Butcher 1149 Berryville Avenue Winchester, VA 22601 55-A-201 Orrick Cemetery Co., Inc. c/o R. W. Burks Admn 501 S. Braddock Street Winchester, VA 22601 SHIHO, Inc. P.O. Box 2715 Winchester, VA 22604 Gilbert W. Clifford & Assoc. Attm Steve Gyurisin 200 N. Cameron Street Winchester, VA 22601 55I-1-3-118 Frankie & Jacqueline Thomas 130 Woodrow Road Winchester, VA 22602 55I-1-1-119 Belinda Poston 132 Woodrow Road Winchester, VA 22602 55I-1-3-120 Shannon S. Stokes 134 Woodrow Road Winchester, VA 22602 55I-1-3-125 Manuel & Sharon Ordonez 114 Woodrow Road Winchester, VA 22602 551-1-3-126 Melton & Mary Chasteen 200 Woodrow Road Winchester, VA 22602 55I-1-3-127 Bruce & Tami Scott 202 Woodrow Road Winchester, VA 22602 55I-1-3-132 Glen & Judy Russell 2619 Woodside Road Clearbrook, VA 22624 55I-1-3-133 Violet Jackson 214 Woodrow Road Winchester, VA 22602 55I-1-3-161B Carlisle Heights Homeowners Assoc. 111 Dots Way Winchester, VA 22602 551-1-2-21 Carlisle Heights Homeowners Assoc. P.O. Box 2241 Winchester, VA 22604 r COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/678-0682 irir"Ir- riom or PUB L is H ir RIINIc March 25, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #003-98, BRIARWOOD ESTATES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on April 8, 1998 at 7-.15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning 9003-98, Briarwood Estates, by SHIHO, Inc. to rezone 50.53 acres currently zoned RA (Rural Areas) to RP (Residential Performance). This 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 Briarwood Estates subdivision and Carlisle Heights subdivision. It is identified with Property Identification Numbers 55-A-184B and 55-A-184C in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Evan A. Wyatt Deputy Director EAW/cc O:WGENDAS\ADJOINER\BRIARW D. REZ 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 55C - 1- - 1- ' SLUDER, HERBERT L & BETTY J 528 GREENWOOD RD WINCHESTER, VA 22602-7628 55C - 1- - 4- KECKLEY, BARBARA A. 544 GREENWOOD RD WINCHESTER, VA. 22602.7628 55C - I. - 5. KEPLINGER, SUE E. 552 GREENWOOD RD WINCHESTER, VA 55C - 1- - 6. CONNELL, LAWRENCE H. 560 GREENWOOD RD WINCHESTER, VA 55C - 1- - 7. MENCER, DONALD R 586 GREENWOOD RD WINCHESTER, VA 22602-7628 22602-7628 22602.7628 STATE OF VIRGINIA COUNTY OF FREDERICK 55C - 1- - B- ASHBY, KENNETH G 576 GREENWOOD RD WINCHESTER, VA 22602.7628 ��ry 4-551 - 1- 2- 1- S LONGERBEAM, C C INC PO BOX 2018 WINCHESTER, VA 22604.1218 551 - 1-2. 2. SEAGROVES, DONALD C & WANDA S 102 WOODROW RD WINCHESTER, VA 22602.7600 551 - 1- 2- 3- MAUCK, JAMES W & MONICA N 104 WOODROW RD WINCHESTER, VA 22602.7600 551 - 1. 2. 4- HAMMOND, CHRISTOPHER SCOTT 106 WOODROW RD WINCHESTER, VA 22602-7600 Evan A. W tt, Deput irector Frederick Co. Planning ept. I, �l�nnUZ11 , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County dforesaid. Given under my hand this aDjb day of� 8 My commission expires on FbDq jan g)B, '--OTARY PUBLIC O"` 551 - 1.2- 5- ti' `? 551 • 1- 3- 126- GREWAL, RAVINDE* RITA K �HASTEEN, MELTON D & MARY 720 TREYS DR WINCHESTER, VA 22601.3200 200 WOODROW RD WINCHESTER, VA. 22602.7601 551 - 1- 2• 6. 551 • 1- 3- 128. NOEL, WADE A & TINA R GRACE, MICHAEL A & TAPITHA K 204 WOODROW RD 110 WOODROW RD WINCHESTER, VA 22602-7601 WINCHESTER, VA 22602.7600 551 -1- 2. B- 551 • 1- 3- 131- SECRETARY OF HOUSING & URBAN DEV ROGERS, ALLEN E & FOREMAN, APRIL R 3600 CENTRE 3600 BROAD ST 114 WOODROW RD RICHMOND, VA 23230.0331 WINCHESTER, VA 22602.7600 551 1 2. 11• 551 - 1. 3- 132. BENDER, CLAUDE F. & BETTY C. RUSSELL, GLEN E & JUDY S 120 WOODROW RD 2619 WOODSIDE RD WINCHESTER, VA 22602-7600 CLEARBROOK, VA 22624.1355 551 - 1.2. 12. 551 - 1.4- 181• BRUTON, JOHN M & MARY B BURKETT, GREGORY A 124 WOODROW RD 218 WOODROW RD WINCHESTER, VA WINCHESTER, VA 22602.7601 22602.7600 551 •1-4-181- 551-1-2-09, 14, & 14 BURKETT, GREGORY A Samuel & Lettie Mallia 218 WOODROW RD 10 Murray Drive WINCHESTER, VA 22602-7601 Easton, PA 18042-7080 551 - 1- 4- 183• 551 - 1.2. 13• HUGHES, JOHN W & CHRISTINA A YOST, EDWIN B TRUSTEE 302 WOODROW RD 4127 BEE RIDGE RD WINCHESTER, VA 22602-7602 SARASOTA, FL 34233-2556 551 . 1.4- 1B6- 551 • 1. 3• 122. GREER, GORDON R JR & TAMMY S GRIMES, THOMAS F 308 WOODROW RD & POWELL, MARJORIE ANNE WINCHESTER, VA 22602.7602 138 WOODROW RD WINCHESTER, VA 22602-7600 55 - A- - 184-A 551 - 1- 3. 123- GREENWOOD ROAD CHAMBLIN, KENNETH N PO BOX 2097 140 WOODROW RD WINCHESTER, VA 22602-7600 WINCHESTER, VA 22604-1297 551 - 1- 3- 124- 55 • A• - 184-B GARZARELLI, DANIEL J & JODI L GROVE, EUGENE F. & BARBARA L. 340 W PARKINS MILL RD 142 WOODROW RD WINCHESTER, VA. 22602-4735 WINCHESTER, VA 22602.7600 55 - A- - 184-D 551 . 1- 3- 125- SHIHO, INC ORDONEZ, MANUEL & SHARON 114 WOODROW RD PO BOX 3276 WINCHESTER, VA 22602-7600 WINCHESTER, VA 22604-2476 55 - A- - 185- JASBO, INC & GLAIZE, FRED L III PO BOX 888 WINCHESTER,VA 55 - A- - 206- LYNNEHAVEN, L C 112 N CAMERON ST WINCHESTER, VA 55-A-184 Bettie Winslow 711 Greenwood Road Winchester, VA 22602 55-A-201 Orrick Cemetery Co., Inc. c/o R. W. Burks Admn 501 S. Braddock Street Winchester, VA 22601 55-A-200 James & Ardeyth Butcher 1149 Berryville Avenue Winchester, VA 22601 SHIHO, Inc. P.O. Box 2715 Winchester, VA 22604 55I-1-3-118 Frankie & Jacqueline Thomas 130 Woodrow Road Winchester, VA 22602 55I-1-1-119 Belinda Poston 132 Woodrow Road Winchester, VA 22602 55I-1-3-120 Shannon S. Stokes 134 Woodrow Road Winchester, VA 22602 55I-1-3-122 Thomas F. Grimes 138 Woodrow Road Winchester, VA 22602 I5I-123 Ken h Chamblin 140 Woodrow Road Winchester, VA 22602 55I-1-3-124 22604-0888 Daniel & Jodi Garzarelli 142 Woodrow Road Winchester, VA 22602 22601-4745 55I-1-3-125 Manuel & Sharon Ordonez 114 Woodrow Road Winchester, VA 22602 55I-1-3-126 Melton & Mary Chasteen 200 Woodrow Road Winchester, VA 22602 55I-1-3-127 Bruce & Tami Scott 202 Woodrow Road Winchester, VA 22602 55I-1-3-128 Michael & Tapitha Grace 204 Woodrow Road Winchester, VA 22602 55I-1-3-132 Glen & Judy Russell 2619 Woodside Road Clearbrook, VA 22624 55I-1-3-133 Violet Jackson 214 Woodrow Road Winchester, VA 22602 55I-1-2-21 Carlisle Heights Homeowners Assoc. P.O. Box 2241 Winchester, VA 22604 55I-1-3-161B Carlisle Heights Homeowners Assoc. 11 I Dots Way Winchester, VA 22602 w • • gilbert w, clifford & associates, inc INCORPORATED 1972 Engineers - Surveyors - Land Planners - Water Quality Briarwood-Sub-division Adjoining Property Owners Within 300 Feet Tax ID # Property Owner 55C-1-1 Herbert L. & Betty J. Sluder 55C-1-2 , 528 Greenwood Road 55C-1-3 Winchester, Virginia 22602 55C-1-4 Barbara A. Keckley 544 Greenwood Road Winchester, Virginia 22601 55C-1-5 Sue E. Keplinger 552 Greenwood Road Winchester, Virginia 22602 55C-1-6 Lawrence H. Connell 560 Greenwood Road Winchester, Virginia 22603 55C-1-7 L Donald R. Mencer 586 Greenwood Road Winchester, Virginia 22602 55C-1-8 Kenneth G. Ashby 576 Greenwood Road 5� o w ( d Winchester, Virgiia 22602 CQ -( I s le He yk�S 2a4*-n— , 55I4-2-1755I-1-3-18 C. C. Longerbeam, Inc. _ 113 55I-1-3-19/55I-1-3-20 P.O. Box 2018 zz�o 55I-1-3-21/55I-1-3-127 Winchester, Virginia 22604 !w ��TS Wf1Y 55I-1-3-130/55I-1-3-133 55I-1-3-134 c„r-S �SSe�c_ %hk 134-- na. bx ZZ4( za6o4- Cam b�c�� 200 North Cameron Street, Winchester, Virginia 22601 Phone: (540) 667-2139 Fax: (540) 665-0493 Member American Consulting Etigitieers Couticil 3 � 3 v �o��r �d • 55Z- t'13 - It q �L�IheP- �osfo� t3Z �j 'ln1 �- � I VA 2 z1- ° 3- 1 zo ! 3 ¢ W 5-Sz-1-3- 11 t J CAt-�n 3 W m44k,,r 1Zd i z2 �23 K� C� t 4- 0 t/,j Z 4- -Mate t C 7,zo M. 127 IZ I Yo57 �3a ?-A / 1�1w��• 2Z,6v4 l31 Dev• l3Z C , VA t33 z ► 4 ZZO Z 4 Briarwood Subdivision Adjoining Property Owners Tax ID # Property Owner 55I-1-2-2 c, Donald C. & Wanda S. Seagroves 102 Woodrow Drive Winchester, Virginia 22602 55I-1-2-3, James W. & Monica N. Mauck 104 Woodrow Road Winchester, Virginia 22602 55I-1-2-4,, Secretary of Verterns Affairs 210 Franklin Road, SW Roanoke, Virginia 24011 55I-1-2-�/55I-1-2-7 Ravinder S. & Rita K. Grewal 55I-1-2-9 720 Treys Drive 55I-1-2-10 Winchester, Virginia 22601 55I-1-2-6v' Wade A. & Tina R. Noel 110 Woodrow Road Winchester, Virginia 22602 55I-1-2-8, Dennis W. & Barbara K. Sieh 114 Woodrow Road Winchester, Virginia 22602 55I-1-2-11- Claude F. & Betty C. Bender 120 Woodrow Road Winchester, Virginia 22602 55I-1-2-12 � John M. & Mary B Bruton 124 Woodrow Road Winchester, Virginia 22602 55I-1-2-13/55I-1-3-129 Edwin B. Yost, Trustee V 55I-1-2-14 4127 Bee Ridge Road Sarasota, Florida 34233 2 • • Briarwood Subdivision Adjoining Property Owners Tax ID # Property Owner 55I-1-3-122„ Thomas F Grimes 138 Woodrow Road Winhcester, Virginia 22602 55I-1-3-123 „ Kenneth N. Chamblin 140 Woodrow Road Winchester, Virginia 22602 55I-1-3-124 Daniel J. & Jodi L. Garzarelli 142 Woodrow Road Winchester, Virginia 22602 551-1-3-1251/ Manuel & Sharon Ordonez 114 Woodrow Road Winchester, Virginia 22602 551-1-3-126 ✓ Melton D. & Mary Chasteen 200 Woodrow Road Winchester, Virginia 22602 55I-1-3-128✓ Michael A. & Tapitha K. Grace 204 Woodrow Road Winchester, Virginia 22602 55I-1-3-131 Daniel W. & Melanie A. Burrier 210 Woodrow Road Winchester, Virginia 22602 55I-1-3-132 Glen E. & Judy S. Russell 55I-1-4-182L,- 2619 Woodside Road 551-1-4-185,, Clearbrook, Virginia 22624 551-1-4-181 Glen W. & Pamela L. Russell 270 Panarama Drive Winchester, Virginia 22603 3 �w..4 In,il a., o 4ulr�q Pt-/, ./ -*Gre5rr Y 3tkrvfff 7K �w as oWhW C� • Briarwood Subdivision Adjoining Property Owners Tax ID # ProRerty Owner 55I-1-4-183t John W. & Christina A. Hughes 302 Woodrow Road Winchester, Virginia 22602 55I-1-4-184 ,- Linnea W. Stopher 304 Woodrow Road Winchester, Virginia 22603 55I-1-4-186: Gordon R., Jr. & Tammy S. Greer 308 Woodrow Road Winchester, Virginia 22602 55-A-184A Greenwood Road P.O. Box 2097 Winchester, Virginia 22604 55-A-184B t-- Eugene F. & Barbara L. Grove 55-A-184C 340 West Parkins Mill Road Winchester, Virginia 22602 55-A-184D Greenwood Realty Partnership P.O. Box 2097 Winchester, Virginia 22604 55-A-185, Elaine B. Longerbeam P.O. Box 2018 Winchester, Virginia 22604 55-A-206t, L. C. Lynnehaven 112 N. CameronStreet Winchester, Virginia 22601 'j(l (?re 3\Wo6d Robl� �i�e�.psi fir, V'` L2661 4 rKcy G� Ad-htn so � S• 13 yJiwcl��ster, v� 2z6oi gilbert w. clifford & 200 N.Can:eron Winchester, Virginia 540-667-2139 Fax: TO WE ARE SENDING YOU HAND DELIVERED SHOP DRAWINGS ❑ COPY OF LETTER afociates, Street 22601 540-665-0493 inc. LETTER OF TRANSMITTAL TI ATTACHED CHANGE ORDER ❑ PRINTS ❑ PLATS UNDER SEPARATE THE FOLLOWING ITEMS SAMPLES 7 SPECIFICATIONS ❑ PLANS X❑ OTHER COPIES DATE DESCRIPTION 1 2/4/98 Rezoning Application Form w/Original Signatures 1 2/6/98 Rezoning Request Proffers w/Ori ing al Signatures X❑ ARE TRANSMITTED F-1 APPROVED/SUBMITTED ❑ FOR APPROVAL APPROVED/AS NOTED FTI FOR YOUR USE ❑ RETURN/CORRECTIONS ❑ AS REQUESTED ❑ FOR REVIEW or COMMENT ❑ FOR BIDS DUE 19 REMARKS COPY TO: SIGNED ❑ RESUBMIT___ FOR APPROVAL 1-1 SUBMIT FOR DISTRIBUTION ❑ RETURNED___ CORRECTED PRINTS ❑ RETURNING TO YOU RETURN/WITH SIGNATURES • gilbert w. clifford & associates, inc. 200 N. Cameron Street Winchester, Krginia 22601 540-667-2139 Fax:540-665-0493 e-mail. gwclif *mnsine-com To: Frederick 107 N. Kent Street Winchester, VA 22601 1 We are sending you 0 Hand Delivered Shop Drawings Copy of Letter xx Attached Change Order 7 Prints Plats • LETTER OF TRANSMITTAL Present Date Job No. 2/6/98 Attention: Evan Wyatt Re: Briarwood Estates Under Separate via Samples Plans the following items Specifications Other Copies Date Description 1Application Fee $2,343.55 s 1 Rezoning Package Are Transmitted aFor Approval x0 For Your Use As Requested x� For Review or Comment For Bids Due Remarks Copy To: Approved/Submitted Approved/As Noted Retum/Corrections 19 0 Resubmit for Approval a Submit for Distribution F7Returned Corrected Prints aLoan Print/Return Return/with Signatures di rJGca c� o�� Signed u,-Vzn Wpping & Grc*hics JbS Work Request Frederick County Department of Planning and Development "" I DATE: a :Z - q REQUESTING AGENT: DEPARTMENT/AGENCY: ADDRESS: FAX: E-MAIL ADDRESS: DESCRIPTION OF REQUEST: P1N5)S5—A— I q+B C REQUESTED COMPLETION DATE: COST OF FINISHED PRODUCT: _ �i PHONE: 6t4", Ar,� zjo�Y6/N- ZorJTN G- i�003-9 d, 6�10rvsjooj Esfate- S c2- - PROJECT TRACKING - DATE INITIALS PROJECT REQUEST RECEIVED: PAYMENT RECEIVED: FINAL PRODUCT DESCRIPTION: PROJECT COMPLETION DATE: PROJECT DELIVERY/PICK-UP: MATERIALS AND SUPPLIES USED: I qESTIMATED STAFF WORK TIME: NOTES: 6c,