52A256_RockHarborGolfCourseAMENDMENT
Action:
PLANNING COMMISSION: November 15, 2006 Recommended Approval
BOARD OF SUPERVISORS: December 13, 2006 I APPROVED DENIED
PDRes #39 -06
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #15-06 OF ROCK HARBOR GOLF COURSE
WHEREAS, Rezoning #15 -06 of Rock Harbor Golf Course, submitted by Greenway Engineering, to
rezone 58.08 acres from EM (Extractive Manufacturing) District to RA (Rural Areas) District, with
proffers, for golf course expansion was considered. This property fronts on the south side of Round Hill
Road (Route 803) and on the east side of Woodchuck Lane (Route 654), adjacent to Section Three and
Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course, in the Back
Creek Magisterial District, and is identified by Property Identification Number 52 -A -256.
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 15, 2006;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 13, 2006;
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 58.08 acres from EM (Extractive Manufacturing) District to RA (Rural Areas) District, with
proffers, 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 13th day of December, 2006 by the following recorded vote:
Richard C. Shickle, Chairman
Gary Dove
Gene IE. Fisher
Philig A. Lemieux
PDRes #39 -06
Aye Barbara E. Van Osten Aye
Aye Bill M. Ewing Aye
Aye Charles S. DeHaven, Jr. Aye
Aye
A COPY ATTEST
ley, Jr.
erick County Administrator
Greenway Engineering
May 25, 2006
Revised October 6, 2006
Rock Harbor Golf Course Rezoning
ROCK HARBOR GOLF COURSE PROFFER STATEMENT
REZONING:
PROPERTIES:
RECORD OWNERS:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
File #4545H/EAW
RZ# /5-
EM, Extractive Manufacturing to RA, Rural Areas District
58.08± -acre portion of the 425.90± -acre parcel
Tax Parcel 52 -((A)) -256
Stuart M. Perry, Inc.
Stuart M. Perry, Inc.
Rock Harbor Golf Course
May 25, 2006
October 6, 2006
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the
"Code and the provisions of the Frederick County Zoning Ordinance (the
"Ordinance with respect to conditional zoning, Stuart M. Perry, Inc., (the
"Applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application /S for the rezoning of a
58.08± -acre portion of the 425.90± -acre parcel (the "Property from the EM, Extractive
Manufacturing District to RA, Rural Areas 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 the said Code and Zoning Ordinance. In the event that such rezoning is
not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. These proffers shall be binding upon these applicant and their legal
successors, heirs, or assigns.
The subject Property, identified as the Rock Harbor Golf Course, and more particularly
described as the land owned by Stuart M. Perry, Inc., being all of Tax Map Parcel 52-
((A)) -256, recorded as Deed Book 531, Page 163.
1
Greenway Engineering
A. Land Use
B. Transportation Enhancements
May 25, 2006 Rock Harbor Golf Course Rezoning
Revised October 6, 2006
The Applicant hereby proffers to develop the Property as an expansion of the Rock
Harbor Golf Course in substantial conformity with the attached Rock Harbor Golf Course
Exhibit prepared by Marsh Legge Land Surveyors, P.L.C., dated January 6, 2006 that
will be approved as part of the rezoning application. The Applicant shall be entitled to
utilize the property in the future for land uses permitted in the RA, Rural Areas District
without the need of modifying this condition of the proffer statement provided that all
applicable requirements of the Frederick County Code are complied with.
The Applicant hereby proffers to dedicate a 1.4940 -acre portion of Tax Map Parcel 53-
((A)) -88, also owned by the Applicant, to the Virginia Department of Transportation
(VDOT) for the purpose of the construction of the Route 37 southbound off -ramp by
others. The 1.4940 -acre right -of -way dedication shall be in conformance with the Future
Route 37 Route 621 Interchange Exhibit prepared by Marsh Legge Land Surveyors,
P.L.C., dated May 9, 2006, which is included as an exhibit to the proffer statement. The
Applicant shall provide -the 1.4940 -acre right -of -way dedication to VDOT within 90 days
of written request for said right -of -way by VDOT or Frederick County.
C. Boundary Line Adjustment Plat
The Applicant hereby proffers to prepare a Boundary Line Adjustment Plat for the
purpose of joining the 58.08± -acre portion of the Property to Tax Map Parcel 53- ((A))-
88, also owned by the Applicant. The Boundary Line Adjustment Plat shall be prepared
and submitted to Frederick County for approval within 180 days of final non appealable
rezoning approval.
D. Monetary Contribution
The Applicant hereby proffers to provide a one -time cash contribution of $5,000.00 to
Frederick County that is to be directed to the Round Hill Volunteer Fire and Rescue
Company. This monetary contribution is intended to offset the impacts to the Round Hill
Volunteer Fire and Rescue Company that may be realized through the expansion of the
Rock Harbor Golf Course facility, and will be provided to Frederick County within 90
days of final non appealable rezoning approval.
File #4545H/EAW 2
Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning
E. Signature
The conditions proffered above shall be binding upon the Applicant and its assigns and
successors in interest. In the event the Frederick County Board of Supervisors grants this
rezoning and accepts the proffered conditions, the proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County
Ordinance.
Respectfully Submitted:
By:
Commonwealth of Virginia,
/C/6
Dennis W. Perry, President Date
Stuart M. Perry, Inc.
Cit count i 26t Ef 1 C C
The foregoing instrument was acknowledged before me this (0 day of 0 C40 6 'L
200(0 by bE t5 \(0 i'f =R_12H I ftEsloe
My Commission Expires 1 30 .007
To Wit:
Notary Public
File #4545H/EAW 3
EXHIBIT SHOWING
ROCK HARBOR GOLF COURSE
STUART M. PERRY, INC.
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
Marsh Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601
PHONE (540) 667 -0468 FAX (540) 667-0469 EMAIL office @marshandlegge.com
DOMINO NO.
DAE:
JANUARY S. 2000
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MARSH LEGGE
Land Surveyors, P.LC.
580 NORTH LOUDOUN STREET
PHONE: (540) 667 -0488
ID84711-11117Wief .4
WINCHESTER, VIRGINIA 22801
FAX: (540) 887 -048