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HomeMy WebLinkAbout15-06 ApplicationDecember 18, 2006 FILE COPY COUN Y of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #15 -06 AND CONDITIONAL USE PERMIT #10 -06 FOR ROCK HARBOR GOLF COURSE Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 13, 2006. The above referenced applications were approved as follows: Rezoning #15 -06 to rezone 58.08 acres from EM (Extractive Manufacturing) District to RA (Rural Areas) District, with proffers, for golf course expansion. 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. Conditional Use Permit #10 -06, for commercial outdoor recreation with accessory clubhouse and food service for the general public. The properties are located as follows: Property Identification Number 52 -A -256 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; Property Identification Number 52 -A -313 fronts on the north side of Merriman's Lane (Route 621) at the northwest quadrant of the Route 37 bridge crossing; Property Identification Number 52- A -313A fronts on both sides of Lacosta Court in the Roscommon Subdivision, Section Seven; Property Identification Number 53 -A -88 is located on the west side of Route 37, adjoining and accessed through tax map parcel 52 -A -313. The properties are in the Back Creek Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Mr. Evan Wyatt Re: Rezoning #15 -06 and CUP #10 -06 for Rock Harbor Golf Course December 18, 2006 Page 2 Also at the Board of Supervisors meeting on December 13, 2006, the applicant agreed to a disclosure statement on any future lots that may be created from the 58.08 acres rezoned to the RA (Rural Areas) District. Therefore, should such lots be created, staff will expect to see a note on each plat stating that the parcel is adjacent to a quarry. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Mark R. Cheran Zoning Administrator MRC/bhd Attachment cc: Stuart M. Perry, Inc., 117 Limestone Lane, Winchester, VA 22602 Barbara E. Van Osten, Board of Supervisors, Back Creek District Cordell Watt and Greg Unger, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue REZONING APPLICATION #15 -06 ROCK HARBOR GOLF COURSE Staff Report for the Board of Supervisors Prepared: November 21, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Planning Commission: Board of Supervisors: Reviewed November 15, 2006 December 13, 2006 Action Recommended Approval Pending PROPOSAL: To rezone 58.08 acres from EM (Extractive Manufacturing) District to RA (Rural Areas) District, with proffers. LOCATION: The 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. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 52 -A -256 PROPERTY ZONING: EM (Extractive Manufacturing) District. PRESENT USE: Quarry /Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RP (residential Performance) RA (Rural Areas) Use: Use: Use: Use: Use: Residential Residential/Vacant Golf Course Residential Residential PROPOSED USE: Commercial Outdoor Recreation (Conditional Use Permit (CUP)Required) Rezoning #15-06, Rock Harbor Golf Course November 21, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 621. This route is the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Rock Harbor Golf Course rezoning application dated May 25, 2006 address transportation concerns associated with this request. 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 General Manual. Sixth Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's 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. Fire Marshal: No additional impacts on fire and rescue noted. Plan approval recommended. Round Hill Fire Rescue Company: No comments. Public Works Department: We do not have any comments concerning the proposed rezoning from EM to RA. Frederick Winchester Health Department: Health Department has no objection to the rezoning request. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of July 18, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report. the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition were adequate and did not request any changes to the proposed rezoning. Winchester Regional Airport: While the site does lie within the airspace operations of the Winchester Regional Airport, it is outside of the close in part 77 surfaces and should not impact airport operations. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meeting the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. In Proffer A. it is unclear to me what is intended by the second sentence of the proffer. The first sentence says that the property will be developed as an expansion of the gol f course, and the exhibit shows the location of golf course areas in the property being rezoned. Does the second sentence mean that in the future the areas shown on the exhibit as golf course areas could be converted to other use, or does the second sentence mean that other parts of the property could be used for uses permitted in the RA District, for example single family residences? Perhaps this could be clarified. 2. Proffer 13 provides for the dedication of property which is not a part of the property subject Rezoning #15 -06, Rock Harbor Golf Course November 21, 2006 Page 3 to the rezoning, but which is represented to be owned by the Applicant. If feasible, I would suggest that a copy of the portion of the Interchange Exhibit showing the 1.4940 acre portion to be dedicated be attached as an exhibit to the proffer. Further, the proffer should include a provision that the Applicant, as the owner of Tax Map Parcel 53 -A -88, will record a document in the land records, upon the granting of the rezoning, setting forth the obligation to dedicate the 1.4940 acres upon request by VDOT or Frederick County. It would be preferable that the form of that recordable document be attached to the proffers as an exhibit, with the opportunity for counsel for the County to review and approve the form of the document. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission Planning Department: Please see attached letter dated August 15, 2006 from Mark R. Cheran, Zoning Administrator. Planning Zoning: 1) Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of the subject parcel as M -2 (Industrial General) District. Frederick County amended its zoning ordinance on November 1, 1973, to add the EM (Extractive Manufacturing) Zoning District. This property was reclassified EM upon adoption of this new district. 2) Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use This property is located outside of the Urban Development Area (UDA) and Sewer Water Service Area (SW SA). The site has an industrial land use designation on the Eastern Frederick County Long Range Land Use Plan, which reflects its overall use as a quarry. Staff Note: It would be advantageous for the eastern periphery of this site to function as a golf course to buffer the surrounding residential neighborhood from the quarry operations. It would not be beneficial to rezone the property for housing. Transportation The Western Jubal Early Land Use Plan and the Metropolitan Planning Organization 2030 Transportation Plan call for a new interchange of Route 37 at Merriman's Lane. This applicant has proffered to dedicate the 1.49 acres of land necessary to accommodate that interchange. Rezoning #15 -06, Rock Harbor Golf Course November 21, 2006 Page 4 3) Site Suitability /Environment: The site does not contain environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, lakes, ponds or wetlands on the property. A small area of floodplain is located in the northem most corner of the property being rezoned. It is not anticipated that this area will be impacted by development, although the Zoning Ordinance does allow recreational uses, such as golf courses, within floodplain areas. The General Soil Map of the Soil Survey of Fredrick County, Virginia indicates that the soils comprising the subject parcel falls under Frederick Poplimento- Oaklet soil association. The predominant soil types on the site are Frederick Poplimento loam, 14C &14D,16C &16D, and 17C 17E (7 -45% slope) and Timberville Silt loam, 40B (2 -7% slopes). The characteristics of these soil types and any implications for site development are manageable through the engineering process. 4) Potential Impacts A. Transportation A full Traffic Impact Analysis (TIA) was not prepared for this project. The applicant generated future traffic projections based on current traffic at the adjacent golf course. The existing 18 hole golf course generates approximately 120 golfers per day. Assuming that the expansion of the golf course doubles the average golfer per day and that all golfers drive single occupancy vehicles, it would be anticipated that there would be a 240 average daily traffic volume (ADT) associated with this rezoning. The full time employee traffic would increase this volume to approximately 288 ADT. The average daily traffic volumes along the segment of Merriman's Lane (Rt. 621) between Route 37 and Cedar Creek Grade (Rt. 622) is 2,800 ADT. The 288 ADT associated with this rezoning would not create a negative impact on the roads in this area. B. Sewer and Water This property is located outside the Sewer and Water Service Area (SWSA) and does not have access to public water or sewer. The site will be served by a private sewage system and private water system. Should the expansion of the golf course be approved with a CUP, the applicant will have to meet all the requirements of the Frederick County Health Department. C. Community Facilities In recognition of the impacts that may be realized by this development to the Fire and Rescue Services, the applicant has proffered $5,000 to Frederick County. 5) Proffer Statement Dated May 25, 2006 and Revised October 6, 2006 A) Land Use,— The applicant will develop this property for the expansion of the Rock Harbor Golf Course, in substantial conformance with the Rock Harbor Golf Course Exhibit prepared by March and Legge dated January 6, 2006. The applicant also wants the right to utilize the property in the future for any land uses permitted in the RA Zoning District. Rezoning #15 -06, Rock Harbor Golf Course November 21, 2006 Page 4 3) Site Suitability /Environment: The site does not contain environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands. lakes, ponds or wetlands on the property. A small area of floodplain is located in the northern most corner of the property being rezoned. It is not anticipated that this area will be impacted by development, although the Zoning Ordinance does allow recreational uses, such as golf courses, within floodplain areas. The General Soil Map of the Soil Survey of Fredrick County, Virginia indicates that the soils comprising the subject parcel falls under Frederick Poplimento Oaklet soil association. The predominant soil types on the site are Frederick- Poplimento loam, 14C &14D.16C &16D, and 17C 17E (7 -45% slope) and Timberville Silt loam, 40B (2 -7% slopes). The characteristics of these soil types and any implications for site development are manageable through the engineering process. 4) Potential Impacts A. Transportation A full Traffic Impact Analysis (TIA) was not prepared for this project. The applicant generated future traffic projections based on current traffic at the adjacent golf course. The existing 18 hole golf course generates approximately 120 golfers per day. Assuming that the expansion of the golf course doubles the average golfer per day and that all golfers drive single occupancy vehicles, it would be anticipated that there would be a 240 average daily traffic volume (ADT) associated with this rezoning. The full time employee traffic would increase this volume to approximately 288 ADT. The average daily traffic volumes along the segment of Merriman's Lane (Rt. 621) between Route 37 and Cedar Creek Grade (Rt. 622) is 2,800 ADT. The 288 ADT associated with this rezoning would not create a negative impact on the roads in this area. B. Sewer and Water This property is located outside the Sewer and Water Service Area (SWSA) and does not have access to public water or sewer. The site will be served by a private sewage system and private water system. Should the expansion of the golf course be approved with a CUP, the applicant will have to meet all the requirements of the Frederick County Health Department. C. Community Facilities In recognition of the impacts that may be realized by this development to the Fire and Rescue Services, the applicant has proffered $5,000 to Frederick County. 5) Proffer Statement Dated May 25, 2006 and Revised October 6, 2006 A) Land Use The applicant will develop this property for the expansion of the Rock Harbor Golf Course. in substantial conformance with the Rock Harbor Golf Course Exhibit prepared by March and Legge dated January 6, 2006. The applicant also wants the right to utilize the property in the future for any land uses permitted in the RA Zoning District. Rezoning #15 -06, Rock Harbor Golf Course November 21, 2006 Page 5 1 Staff Note: This proffer would allow any RA uses, including single-family dwellings, immediately adjacent to the EM zoned property that will continue to be used as an active quarry. Staff would strongly discourage this. The County Attorney also had concerns with the wording of this proffer as two conflicting options are proffered —developing a golf course with a proffered design and allowing any possible RA development. B) Transportation The applicant will dedicate 1.4940 acres of land to the Virginia Department of Transportation (VDOT) for the purpose of the construction of the Route 37 southbound off -ramp by others. The right -of -way dedication shall be in conformance with the Future Route 37 and Route 621 Interchange Exhibit prepared by Marsh Legge dated May 9, 2006. C) Boundary Line Adjustment Plat The applicant will join the 58.088 acres tract subject to this rezoning to tax map parcel 53 -A -88 (the existing golf course), also owned by the applicant. D) Monetary Contribution $5,000.00 is proffered to Frederick County for Fire and Rescue purposes. STAFF CONCLUSIONS FOR 11/15/06 PLANNING COMMISSION MEETING: This rezoning could provide an advantageous buffer between the quarry and the adjacent residential subdivision, through an expansion of the golf course. It would not be good planning to allow new residences, which are allowed by -right in the Rural Areas District, to be located in the area to be rezoned as it is adjacent to an active quarry. The proffered road dedication provides a critical piece of the planned Route 37 /Merriman's Lane interchange. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/15/06 MEETING: In response to the staffs concern about the applicant's desire to retain the right to utilize the property in the future for any land uses permitted in the RA Zoning District, the applicant's representative explained the need to have the ability to use the property in its RA capacity, in the event the golf course would no longer be viable at some point in the future. The applicant's representative also spoke about the applicant's intent on keeping the quarry operating, noting that the EM District regulations in the zoning ordinance have established setbacks for quarries. The applicant had incorporated a yellow line on the diagram included with the application and if the rezoning was approved by the Board, any work done in the quarry would be bound by the additional setbacks towards residential. There were no public comments regarding the rezoning of this property. Commissioners were pleased with the applicant's proffer of land to VDOT for the future interchange and with the applicant's contribution to the County for fire and rescue purposes. No issues of concern were raised and the Commission unanimously recommended approval of the rezoning with the proffers offered. Rezoning #15 -06, Rock Harbor Golf Course November 21, 2006 Page 6 Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would he appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. t ty .F h «a r w Q \V V 1 yt 5 '15 x c`kt i g F l 4 7 AM1 Y .'tl r7' P y, a M1 I l t .,i t f a v air 9.T te y' Yrti1� yYa. F ti y f t I '$6 c l vr r a i i r. v }^ttr 6 Rt c t m is M �{s I: r M /�ar,14 A¢ Y r y .dplx tAd� a b SILVER LAKE y 74 A 9, 59+ a r ioset ac dy 1 pp 4, •3y* v 9 Fir Y r 'YaT y- M a I, Y 4 1 „�y r l \9 y x r'r!' 1 sF f °�4 l, d r^ Sy�' r s k IP 1 a f.: hly j j i•v t t!yy I k` R L 9 ti /Th y h s f �p t a /1 4y 4 "re H9 8" t `Y a0 9 'PO r rn" M1 rc Stu Jn 11 RUIT. i .c 5 7 3 DRC �'r a 'x z r s r d Q t e F ��a 5 P' 'LLV v r l e r n p�rQr Yq.prr� //�V9 County, rle e11oc ounty VA Rezoning 15 06 Application L* Rock Harbor 4 4) Golf Course Parcel ID: 52•A -256 Location in the Conon i.. 'r" w °t u, t '<C �'J w r r E r r rY k' .e 0 M1 t r l+" Vr •2. h 2 rat( 1¢.'cm 1 1 h E orl r y�� v t x iJ° y t Y M1 s `^3 .w 5S 5 ls �t��., °rr y At bAPPat 1z .t.a., re ?i .roxtmar69 a C sSLocauof n o S z 'r r h Rezoning Request i� -3. �!2 ti a Y AERRY y M1• J r r.Ia�1i "E or 1 C A r xw t q •44c tom' 1 r M1 �ecy 4 t r �q q P� a d. R 1 s. P r a'` t .2✓ A a" t PERRY 4 M1 A v' w N P s f Y O r .r t 1y 4 d r y r i b uU'u j4, r 1 a, I F p 1 %s f/ I M1 u r rl 1 1 Map Features APPlioation 8 Lakes/Ponds Streams e Floo 5 lain Streets p arms w Secondary s0. Tertiary Winchester City V }6 ti So Iv Frederic v Ag B Forestrdl District f- TITS 52 A 390 4^ 543 ac. f r vt t4 r 4%.9a`L- E r t s oaTAl o i r t 53 AY Landuse Urban Development Area SWSA 92 y a r< 92 r e ln'r 23 1 a n 1� j rr OOOezr s r t• O r d n t l rr Y d l ,A s%O a r y 9 7 0 Oray„,- a !X 4 1 M1 2 c l te x .R 0 Y i4 2R y t Se r r .s 4 r �y z� k t r x s W f ri ,as;, "C. p••�• S` i n/ `h 'ry 4F� t i l o�. r r e .0 "'a`A' ✓c' n i E F 4 CLOVERD LE FARMS ,fia�r, 52:a' 5233 4305 'f 07 �a 7 °i! e R 7 r� 3' r) t. M1° 4. s� 'M1P ky r k'- b a.,. 3 ti .,l 4 y e t i Pg./ *4 'r 7 9 1% 9 r t':� L7 c r AAAIi w y 0. 1 Mt, t i r !t, y l r f y I l /x i�'� r r f t Fq G ,'�i Ty,,. (J r9 9 a B y4 j y y� i /7 4.`Sr3, +t y l a y y {O /y a p er 4 r y r <.�t: a{ y Vititit y y a rv 3 i G :ni; W inehesle f Vr 7 gr S sist luff h '4k w "S c .It ..at56. 1 ac f r a J r SrrI s r;Y f k x 7' ad' is f, 'a a•E5 y V s rr r r f Z r d, y t �e el. i56 0 r YD SP J(,(P r i 4 G l 1 ''S pi7'+ p 6 tlq s ex Location in Surrounding Area o Aso 1500 3 Dn2 ma y, c f e I J 11 "a�= r �C �X ,1 S. II A w a 4 �h M1 y it r 1 A l t;r b: r e s a�{ :•i, n >vt r r 1T TY rr r e s d y r am` u i� At IN South Frederic Ag Forestral District ors 52 A 300 305.43 ac. 425 9 ac PERRY A 256zoning 7Approxtmate aptrcationtofJ ezoningjReques B2 zoning °'a '04051747 Vt7 ranflaa 0000 OtlO 0 n CLOVERDALE FARMS 52 A 305 433.01 ac. PERRY 53 A 88 239.92 ac. Frederick County, VA Location in the County Map Features Application O Lakes /Ponds 4, Streams CS Flooplain Streets 1 Primary 'V Secondary 4 .16. Terciary Winchester City Railroads O Property Lines Landuse Urban Development Area SWSA Rezoning 15 06 Application Rock Harbor Golf Course Parcel ID: 52 A 256 Zoning O 31 (Business, Neighborhood District) O B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) O HE (Higher Education District) O M1 (Industrial, Llgnt District) O M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) O R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) Location in Surrounding Area 750 1,500 3 0 Net SILVER LAKE 4 A 50 06.61 ac. Approxlmate4. 3 LocahonJof RezoninglRequest W f PERRY r, 50 T56 0 f 4259'acr, Bsnn' BBBBBB :aBBBSi Cairn %BB/ rBB. sBip BB BB i South Frederic Ag 8 Forestral District DTS 52 A 300 305.43 ac. PERRY 53 A 88 239.92 ac. llx rztc11.1 .s Winchester, VA CLOVERDALE FARMS 52 A 305 433.01 ac. [Frederick County, VA Location in the County Map Features Application C. Lakes /Ponds Streams a Flooplain Streets Primary 4%. Secondary L Teroiary Winchester City "Y Railroads O Property Lines Landuse Urban Development Area CZ) SNSA 750 Lori Rezoning 15 06 Application Rock Harbor Golf Course Parcel ID: 52 A 256 g Range Land Use Rural Community Center Residential Business Industrial Institutional Recreation Historic Mixed -Use Planned Unit Development Location in Surrounding Area 1.500 3.0pr2 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 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: Greenway Engineering Address: 151 Windy Hill Lane 2. Property Owner (if different from above) Name: Stuart M. Perry Inc. Address: 117 Limestone Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt AICP 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid El Telephone: (540) 662 -4185 Telephone: (540) 662 -3431 Telephone: (540) 662 -4185 Agency Comments Fees Impact Analysis Statement Proffer Statement El 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: Stuart M. Perry, Inc., Dennis W. Perry, President 6. A) Current Use of the Property: Limestone Quarry B) Proposed Use of the Property: Golf Course Expansion 7. Adjoining Property: Please refer to attached Rezoning Adjoining Property Owners Map Exhibit and Property Owner Information List PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject 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. Acres Current Zoning Zoning Requested 58.08± acre portion of 425.90± parcel EM District RA District 58.08± acres Total Acreage to be rezoned Information to be Submitted for Canital Facilities Impact Model A 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 Number 52 -((A)) -256 Single Family homes: Non Residential Lots: Districts Magisterial: Back Creek High School: James Wood Fire Service: Round Hill VFR Middle School: James Wood Rescue Service: Round Hill VFR Elementary School: Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Townhome: Multi- Family Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Golf Course Expansion 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 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 bet of my (our) knowledge. Applicant(s): Owner (s): Date: I 0 1(0 /0 Co Date. /0 -/6-06 et teealns Portion of Subject Parcel to be Rezoned (Approximate) Adjoining Parcels 0 Feet ta f 1,000 500 0 1,000 2,000 Map Data Source: Frederick County. Va. GIS Department, 2006 Data .c 7 e St w CC j wU J 0 O tt l2 C O mz cr 0 Q 2 w w U 0 0 d Z Z w O cc o w Z 0 Zcc z Lij 0_ N0 w w Number Property ID Name 1 Name 2 Address City -State Zip Code 1 53 A 88 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 2 52 A 313A R T PACKING CORPORATOR C/0 FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 3 52 A 310 GLAIZE, FRED L III ANN W PO BOX 888 WINCHESTER, VA 22604 4 52 20319 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 5 52 20318 PERRY, DENNIS W 435 WOODCHUCK LN WINCHESTER, VA 22602 6 52 A 305 CLOVERDALE FARMS, INC. 263 FOX MEADOW LN WINCHESTER, VA 22602 7 52 A 260 CLARK, STEPHEN L ETALS 622 WOODCHUCK LN WINCHESTER, VA 22602 8 52 A 259 KELCHNER, DAVID S LORETTA L 561 WOODCHUCK LN WINCHESTER, VA 22602 9 52 17213 ALEXANDER, MICHAEL SCOTT 600 WOODCHUCK LN WINCHESTER, VA 22602 10 52 17 2 12 BENNETT, PATSY ANN 492 WOODCHUCK LN WINCHESTER, VA. 22602 11 52 17211 SEIDEL, ERIC K JR LINDA M LUNDIN- SEIDEL 40 ROSEWOOD DR BARBOURSVILLE, 22923 12 52 17210 LASHBAUGH, GEORGE R JR LINDA J 454 WOODCHUCK LN WINCHESTER, VA 22602 13 52 172 9 SARGENT, LOIS MARIE 430 WOODCHUCK LN WINCHESTER, VA. 22602 14 52 172 8 LOY, ROBERT L JR MICHELLE D 404 WOODCHUCK LN WINCHESTER, VA 22602 15 52 17 2 7 MILLER, GREGORY G. MARSHA R. 388 WOODCHUCK LN WINCHESTER, VA. 22602 16 52 172 6B CROCKER. CAROL A 374 WOODCHUCK [14 WINCHESTER, VA 22602 17 52 172 6A LINK, WILLARD ZJR ROBIN L 364 WOODCHUCK LN WINCHESTER, VA. 22602 18 52 172 5B SINGHAS, MILLARD N. 352 WOODCHUCK LN WINCHESTER, VA 22602 19 52 172 5A GATHER, TYREE SCOTT 1221 HOLLOW RD GORE, VA 22637 20 52 161 4 NEWLIN, RICHARD A. 328 WOODCHUCK LN WINCHESTER, VA 22602 21 52 161 3 RILEY, ANTHONY P 314 WOODCHUCK LN WINCHESTER, VA 22602 22 52 16 2 WELSH, STEVIE L. CATHERINE V. 304 WOODCHUCK LN WINCHESTER, VA. 22602 23 52 161 1 WELSH, FRED R 290 WOODCHUCK LN WINCHESTER, VA 22602 24 52 A 262A MCFARLAND'S MILL INC 587 ROUND HILL RD WINCHESTER, VA 22602 25 52 A 267 MCFARLAND, MADGE B ROBERT M TRUSTEES 587 ROUND HILL RD WINCHESTER, VA. 22602 26 52 A 265 MCFARLAND, ROBERT M. 587 ROUND HILL RD WINCHESTER, VA. 22602 27 52 A 264 AMICK, ROBERT EUGENE JR 551 ROUND HILL RD WINCHESTER, VA 22602 28 52 A 213 W ILKINS. JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602 29 52 A 214 WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602 30 52 A 215 PENNINGTON, DENNIS K 492 ROUND HILL RD WINCHESTER, VA 22602 31 52 A 228 NELSON, MARY C. RICHARD C. 488 ROUND HILL RD WINCHESTER, VA. 22602 32 52 A 231 KERNS, EDWARD L 484 ROUND HILL RD WINCHESTER, VA 22602 33 52 A 232 EDMISTON, JOSEPH W LAURA L 1295 HOLLOW RD GORE, VA 22637 34 52 A 233 ROE, GENEVIEVE 464 ROUND HILL RD WINCHESTER, VA 22602 35 52 A 234 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 36 52 A 235 LAFOLLETTE, RICKIE 0 1170 AIRPORT RD WINCHESTER, VA. 22602 37 52 A 236 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 38 52 A 248 RHINEHARDT, BURLEY SCOTT DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602 38 52 A 249 RHINEHARDT, BURLEY SCOTT RHINEHARDT, DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602 39 52 A 237 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 40 52 A 238 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 41 52 A 239 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 42 52 A 246 HENRY, BARBARA ELAINE ETALS 422 ROUND HILL RD WINCHESTER, VA 22602 43 52 A 245 FISHEL, DONALD E JACKIE R 117 MUSE DR WINCHESTER, VA 22603 44 52 A 240 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 45 52 A 241 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 46 52 A 244 KATTAS, RONALD L POWER, BRANDON J 13365 HORSEPEN WOODS LN OAK HILL, VA 20171 47 52 A 243 STEVENS, JOHN V PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22603 48 52 A 242A STEVENS, JOHN V PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22602 49 52 A 242 STEVENS, JOHN V. PAMELA M.P. 324 ROUND HILL RD WINCHESTER, VA 22602 50 52 A 71B BISHOP, GREGORY A STACIE L 108 STONEWALL DR WINCHESTER, VA 22602 51 52 A 71A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 Rezoning Adjoining Property Owners Rezoning- AdjacenlPropertyOwners.xls 10/19/2006 v v N 1 i B OG SF C----K-/- i J tiq i A i X411 40 'Y '409, 9�` c 'I $T l ff? Telephone 610- 662 -,1e6 FAX 610- 922 -0628 ....nn.nrnna.eem te m �iA E 949;1 i p 21 v 8 F` ti V i 6 S 50°20'24" W 68406 5 A C''''''`, J 1 i rt r 1 a 1 i N I h TM52 l�'425fi s' ,�i^ei �'i STUART M REM C, 7 At v 7__---._ A L y ZONES ��ec.,sS� y/ i' g R e a n l 7 1 V c hi b s \��1 1 USE EXTAAOTIVEMINI j ge.. �8 MANU C U h K 1 C• S f l' Jl l 38'56' s°' 18 537 )n5� c X /�Fi� ms s` ill /qv 1/ �L SAT v 458 ACRES 4:47 ire A L L J 1 J� �J /�l Vi 4 S 3 TM 53 A-88 o ROCK HABOR GOLF COURSE REZONING PLAT EXHIBIT BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VA P5 BE REZONED 7 1 X4 )v R r a 185 86 S L S 47°54'38 W 1 22176 m '462595 544'3531 W f W126783i m LOT S2 O, i 3654-W '691 2 j ROSCOMMON V i 4OT18O/ SECTION'7 �w I "R SECTTIONS, b 48 673 /CORES Z. ROAD C� S RTM PERR TUA V INC R k A) I n ZONED' RA U SE GOLF COURSE -0 177 22 S 55 5843'yy j Y •GOSTP�COUR IS o. DAME ]11X6 Y00! 1' DESIGNED BY JOB NO. 4745 1 53 A 88 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 2 52 A 313A R T PACKING CORPORATON 0/0 FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 3 52 A 310 GLAIZE, FRED L III ANN W PO BOX 888 WINCHESTER, VA 22604 4 52 203 19 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 5 52 20 3 18 PERRY, DENNIS W 435 WOODCHUCK LN WINCHESTER, VA 22602 6 52 A 305 CLOVERDALE FARMS, INC. 263 FOX MEADOW LN WINCHESTER, VA 22602 7 52 A 260 CLARK, STEPHEN L ETALS 622 WOODCHUCK LN WINCHESTER, VA 22602 8 52 A 259 KELCHNER, DAVID S LORETTA L 561 WOODCHUCK LN WINCHESTER, VA 22602 9 52 17 2 13 ALEXANDER, MICHAEL SCOTT 600 WOODCHUCK LN WINCHESTER, VA 22602 10 52 17 2 12 BENNETT, PATSY ANN 492 WOODCHUCK LN WINCHESTER, VA. 22602 11 52 17 2 11 SEIDEL, ERIC K JR LINDA M LUNDIN- SEIDEL 40 ROSEWOOD DR BARBOURSVILLE, 22923 12 52 17 2 10 LASHBAUGH, GEORGE R JR LINDA J 454 WOODCHUCK LN WINCHESTER, VA 22602 13 52 17 2 9 SARGENT, LOIS MARIE 430 WOODCHUCK LN WINCHESTER, VA. 22602 14 52 17 2 8 LOY, ROBERT L JR MICHELLE D 404 WOODCHUCK LN WINCHESTER, VA 22602 15 52 17 2 7 MILLER, GREGORY G. MARSHA R. 388 WOODCHUCK LN WINCHESTER, VA. 22602 16 52 17 2 6B CROCKER, CAROL A 374 WOODCHUCK LN WINCHESTER, VA 22602 17 52 17 2 6A LINK, WILLARD Z JR ROBIN L 364 WOODCHUCK LN WINCHESTER, VA. 22602 18 52 17 2 5B SINGHAS, MILLARD N. 352 WOODCHUCK LN WINCHESTER, VA 22602 19 52 17 2 5A CATHER, TYREE SCOTT 1221 HOLLOW RD GORE, VA 22637 20 52 16 1 4 NEWLIN, RICHARD A. 328 WOODCHUCK LN WINCHESTER, VA 22602 21 52 16 1 3 RILEY, ANTHONY P 314 WOODCHUCK LN WINCHESTER, VA 22602 22 52 16 1 2 WELSH, STEVIE L. CATHERINE V. 304 WOODCHUCK LN WINCHESTER, VA. 22602 23 52 161 1 WELSH, FRED R 290 WOODCHUCK LN WINCHESTER, VA 22602 24 52 A 262A MCFARLAND'S MILL INC 587 ROUND HILL RD WINCHESTER, VA 22602 25 52 A 267 MCFARLAND, MADGE B ROBERT M TRUSTEES 587 ROUND HILL RD WINCHESTER, VA. 22602 26 52 A 265 MCFARLAND, ROBERT M. 587 ROUND HILL RD WINCHESTER, VA. 22602 27 52 A 264 AMICK, ROBERT EUGENE JR 551 ROUND HILL RD WINCHESTER, VA 22602 28 52 A 213 WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602 29 52 A 214 WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602 30 52 A 215 PENNINGTON, DENNIS K 492 ROUND HILL RD WINCHESTER, VA 22602 31 52 A 228 NELSON, MARY C. RICHARD C. 488 ROUND HILL RD WINCHESTER, VA. 22602 32 52 A 231 KERNS, EDWARD L 484 ROUND HILL RD WINCHESTER, VA 22602 33 52 A 232 EDMISTON, JOSEPH W LAURA L 1295 HOLLOW RD GORE, VA 22637 34 52 A 233 ROE, GENEVIEVE 464 ROUND HILL RD WINCHESTER, VA 22602 35 52 A 234 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 36 52 A 235 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 37 52 A 236 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 38 52 A 248 RHINEHARDT, BURLEY SCOTT DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602 38 52 A 249 RHINEHARDT, BURLEY SCOTT RHINEHARDT, DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602 39 52 A 237 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 40 52 A 238 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 41 52 A 239 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 42 52 A 246 HENRY, BARBARA ELAINE ETALS 422 ROUND HILL RD WINCHESTER, VA 22602 43 52 A 245 FISHEL, DONALD E JACKIE R 117 MUSE DR WINCHESTER, VA 22603 44 52 A 240 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 45 52 A 241 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 46 52 A 244 KATTAS, RONALD L POWER, BRANDON J 13365 HORSEPEN WOODS LN OAK HILL, VA 20171 47 52 A 243 STEVENS, JOHN V PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22603 48 52 A 242A STEVENS, JOHN V PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22602 49 52 A 242 STEVENS, JOHN V. PAMELA M.P. 324 ROUND HILL RD WINCHESTER, VA 22602 50 52 A 71B BISHOP, GREGORY A STACIE L 108 STONEWALL DR WINCHESTER, VA 22602 51 52 A 71A COMMONWEALTH OF VIRGINIA P O BOX 2249 STAUNTON, VA 24402 •••u•••vr• •1JM•.•• •v •emu• Rezoning AdjacentPropertyOwners.xls 10/19/2006 YI LIFO vJJc r 46 2. 69 1 7 SECTION 4( I 1' ;-/;.is k 1/ Nff i Vi 4 171.22' ;USE: EnFtACTIVEW WING 1 7 r k 2 1.. I c N, 1 -----;‘,..n At Thot 2- 56 C STUART M. PER Th, I ZONED: ty 7C-^ ckzr" IA 7 <2,?/-:` (4/ Mt 251) awn c' /1--; )7/ insmi;aggal":„•■■■-■entatar15 r 4,5°47:35e -*.-_--i-j4 .94 N• 3 9 `74 liZ s t 02 4 -11 9 Ci 1 7 7 1: 1 t-- 8 E 1 1 5 1 Acp E :1,; t 4^ ..e :;44?.. ec e,t Scrileirb- nosin ''c- 1- 11 1 I I, (9.0 A 5- -----N- I V ..s. e 559 58:43" 1 r 7-,27-)2 ficf S I rag A DATE JUNE 2006 SCALE 1" 500' DESIGNED BY: Slif Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 -665 -6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540-665-6395 Know All Men By These Presents: That 1 (We) (Name) Stuart M. Perry, Inc., Dennis W. Perry. President (Phone) (540) 662 -3431 (Address) 117 Limestone Lane Winchester VA 22602 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. Deed Book 531 on Page 164 and is described as Parcel: 52 Lot: 256 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Address) 151 Windy Hill Lane Winchester. VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name. place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day i is signed, or until it is otherwise rescinded or have ereto set is hand and seal this day of OQr.. 200 F 4 modified. In witness thereof, I Signature(s) State of Virginia, Cit County fceda o -wit: I stii i� aniTel 1 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who sign tb the forego' ig instrument and who 1 (are) known to me, personally appeared before me and has acknp ledge(' the sa bef p me in the jur aforesaid this 1(0 day of E. 200 lo a' Cd My Commission Expires: MC& 30 r;letn 7 N tar y 'Pftblic Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us (Phone) (540) 662 -4185 Planning Commission: Board of Supervisors: REZONING APPLICATION #15 -06 ROCK HARBOR GOLF COURSE Staff Report for the Planning Commission Prepared: November 1, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed November 15, 2006 December 13, 2006 Action Pending Pending PROPOSAL: To rezone 58.08 acres from EM (Extractive Manufacturing) District to RA (Rural Areas) District, with proffers. LOCATION: The 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. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 52 -A -256 PROPERTY ZONING: EM (Extractive Manufacturing) District. PRESENT USE: Quarry /Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RP (residential Performance) RA (Rural Areas) Use: Use: Use: Use: Use: Residential Residential/Vacant Golf Course Residential Residential PROPOSED USE: Commercial Outdoor Recreation (Conditional Use Permit (CUP)Required) Rezoning #15 -06, Rock Harbor Golf Course November 1, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 621. This route is the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Rock Harbor Golf Course rezoning application dated May 25, 2006 address transportation concerns associated with this request. 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 General Manual, Sixth Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State' s 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. Fire Marshal: No additional impacts on fire and rescue noted. Plan approval recommended. Round Hill Fire Rescue Company: No comments. Public Works Department: We do not have any comments conceming the proposed rezoning from EM to RA. Frederick- Winchester Health Department: Health Department has no objection to the rezoning request. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (I -IRAB) considered this rezoning proposal during their meeting ofJuly 18, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition were adequate and did not request any changes to the proposed rezoning. Winchester Regional Airport: While the site does lie within the airspace operations of the Winchester Regional Airport, it is outside of the close in part 77 surfaces and should not impact airport operations. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meeting the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following continents: 1. In Proffer A, it is unclear to me what is intended by the second sentence of the proffer. The first sentence says that the property will be developed as an expansion of the golf course, and the exhibit shows the location of golf course areas in the property being rezoned. Does the second sentence mean that in the future the areas shown on the exhibit as golf course areas could be converted to other use, or does the second sentence mean that other parts of the property could be used for uses permitted in the RA District, for example single family residences? Perhaps this could he clarified. 2. Proffer B provides for the dedication of property which is not a part of the property subject Rezoning #15 -06, Rock Harbor Golf Course November 1, 2006 Page 3 Planning Zoning: to the rezoning, but which is represented to be owned by the Applicant. If feasible, I would suggest that a copy of the portion of the Interchange Exhibit showing the 1.4940 acre portion to be dedicated be attached as an exhibit to the proffer. Further, the proffer should include a provision that the Applicant, as the owner of Tax Map Parcel 53 -A -88, will record a document in the land records, upon the granting of the rezoning, setting forth the obligation to dedicate the 1.4940 acres upon request by VDOT or Frederick County. It would be preferable that the form of that recordable document be attached to the proffers as an exhibit, with the opportunity for counsel for the County to review and approve the form of the document. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate. as it is my understanding that that review will be done by the staff and the Planning Commission Planning Department: Please see attached letter dated August 15, 2006 from Mark R. Cheran, Zoning Administrator. 1) Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of the subject parcel as M -2 (Industrial General) District. Frederick County amended its zoning ordinance on November 1, 1973, to add the EM (Extractive Manufacturing) Zoning District. This property was reclassified EM upon adoption of this new district. 2) Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -11 Land Use This property is located outside of the Urban Development Area (UDA) and Sewer Water Service Area (SWSA). The site has an industrial land use designation on the Eastern Frederick County Long Range Land Use Plan, which reflects its overall use as a quarry. Staff Note: It would be advantageous for the eastern periphery of this site to function as a golf course to buffer the surrounding residential neighborhoodfrom the quarry operations. It would not be beneficial to rezone the property for housing. Transportation The Western Jubal Early Land Use Plan and the Metropolitan Planning Organization 2030 Transportation Plan call for a new interchange of Route 37 at Merriman's Lane. This applicant has proffered to dedicate the 1.49 acres of land necessary to accommodate that interchange. Rezoning #15 -06, Rock Harbor Golf Course November 1. 2006 Page 4 3) Site Suitability/Environment: The site does not contain environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes. mature woodlands, lakes, ponds or wetlands on the property. A small area of floodplain is located in the northem most corner of the property being rezoned. It is not anticipated that this area will be impacted by development, although the Zoning Ordinance does allow recreational uses, such as golf courses, within floodplain areas. The General Soil Map of the Soil Survey of Fredrick County. Virginia indicates that the soils comprising the subject parcel falls under Frederick Poplimento Oaklet soil association. The predominant soil types on the site are Frederick Poplimento loam, 14C &14D,16C &16D, and 17C 17E (7 -45% slope) and Timberville Silt loam, 40B (2 -7% slopes). The characteristics of these soil types and any implications for site development are manageable through the engineering process. 4) Potential Impacts A. Transportation A full Traffic Impact Analysis (TIA) was not prepared for this project. The applicant generated future traffic projections based on current traffic at the adjacent golf course. The existing 18 hole golf course generates approximately 120 golfers per day. Assuming that the expansion of the golf course doubles the average golfer per day and that all golfers drive single occupancy vehicles, it would be anticipated that there would be a 240 average daily traffic volume (ADT) associated with this rezoning. The full time employee traffic would increase this volume to approximately 288 ADT. The average daily traffic volumes along the segment of Merriman's Lane (Rt. 621) between Route 37 and Cedar Creek Grade (Rt. 622) is 2,800 ADT. The 288 ADT associated with this rezoning would not create a negative impact on the roads in this area. B. Sewer and Water This property is located outside the Sewer and Water Service Area (SWSA) and does not have access to public water or sewer. The site will be served by a private sewage system and private water system. Should the expansion of the golf course be approved with a CUP, the applicant will have to meet all the requirements of the Frederick County Health Department. C. Community Facilities In recognition of the impacts that may be realized by this development to the Fire and Rescue Services, the applicant has proffered $5,000 to Frederick County. 5) Proffer Statement Dated May 25, 2006 and Revised October 6, 2006 A) Land Use The applicant will develop this property for the expansion of the Rock Harbor Golf Course, in substantial conformance with the Rock Harbor Golf Course Exhibit prepared by March and Legge dated January 6, 2006. The applicant also wants the right to utilize the property in the future for any land uses permitted in the RA Zoning District. Rezoning #15-06, Rock Harbor Golf Course November 1, 2006 Page 5 Staff Note: This proffer would allow any RA uses, including single-family dwellings, immediately adjacent to the EM zoned property that will continue to be used as an active quarry. Staff would strongly discourage this. The County Attorney also had concerns with the wording of this proffer as two conflicting options are proffered developing a golf course with a proffered design and allowing any possible RA development. B) Transportation The applicant will dedicate 1.4940 acres of land to the Virginia Department of Transportation (VDOT) for the purpose of the construction of the Route 37 southbound off -ramp by others. The right -of -way dedication shall be in conformance with the Future Route 37 and Route 621 Interchange Exhibit prepared by Marsh Legge dated May 9, 2006. C) Boundary Line Adjustment Plat The applicant will join the 58.088 acres tract subject to this rezoning to tax map parcel 53 -A -88 (the existing golf course), also owned by the applicant. D) Monetary Contribution $5,000.00 is proffered to Frederick County for Fire and Rescue purposes. STAFF CONCLUSIONS FOR 11 /15/06 PLANNING COMMISSION MEETING: This rezoning could provide an advantageous buffer between the quarry and the adjacent residential subdivision, through an expansion of the golf course. It would not be good planning to allow new residences, which are allowed by -right in the Rural Areas District, to be located in the area to be rezoned as it is adjacent to an active quarry. The proffered road dedication provides a critical piece of the planned Route 37 /Merriman's Lane interchange. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission.