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Home My WebLink About15-06 Proffer StatementGreenway Engineering May 25, 2006 Revised October 6, 2006 ROCK HARBOR GOLF COURSE PROFFER STATEMENT RZ# /6 Rock Harbor Golf Course Rezoning REZONING: EM, Extractive Manufacturing to RA, Rural Areas District PROPERTIES: 58.08± -acre portion of the 425.90± -acre parcel Tax Parcel 52 -((A)) -256 RECORD OWNERS: Stuart M. Perry, Inc. APPLICANT: Stuart M. Perry, Inc. PROJECT NAME: Rock Harbor Golf Course ORIGINAL DATE OF PROMIERS: May 25, 2006 REVISION DATE: October 6, 2006 Preliminary Matters 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 #/5 -o4 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 In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever.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. File #4545H /EAW 1 Greenway Engineering A. Land Use May 25, 2006 Revised October 6, 2006 Rock Harbor Golf Course Rezoning 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. B. Transportation Enhancements 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 Green way Engineering E. Signature Respectfully Submitted: File #454513 /EA W By: Commonwealth of Virginia, Cit County f i EQFC JGC Gbmmission Expires May 25, 2006 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. Dennis W. Perry, President Date Stuart M. Perry, Inc. Jig/2( m_ 3 0, fib III Rock Harbor Golf Course Rezoning To Wit: The foregoing instrument was acknowledged before me this day of 016 200(0 by atkJIJ IS Pt2ray I) EES Dc+■ Notary Public /u /6 3 AMENDMENT Action: PLANNING COMMISSION: November 15, 2006 Recommended Approval BOARD OF SUPERVISORS: December 13. 2006 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 I -Iill 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 AYe Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye PDRes #39 -06 A COPY ATTEST Joh ley, Jr. Freserick County Administrator ,7 asanm Rim aogUYW anon ra aaxo2 am Dd ace ea row •urc13 11 LYYN9 B13—Y —C9 141 71r39 3Y.1.1.0 :nns 2002 0 AYw 34V0 MOONY X2MM0 MHN303W 23/323/0 1YIHYSOYN 333X3 XOVS 3.9NVH.2831 N1 .39 311708 L£' 311708 3817111i 303 031 YO/0J0 39 01 7N/ 4VCd M J21117.15 0 ONY13/0 0 A&LL30d Y 0NI410/8 1 /91/X3 r P31P 24*„ _V Iasi 6 20e awn 3NJNd5p2 U 2204 LA'3MWa MUM iWJ Ted Wtrn e065126W/el 0 504 ALMA 0 1 aNaDarl teB wog ky C---.. 3 IN S -x 006 3.6Z,6>. N —any 9ARIa uoaam $709 1 I I 6ef W 1200 N0aBYe X001:1 :86D RI :2)X02 I ant 9a 025 ea '0.10 )0 12)3 'a IMYNS 916 Y 29 ILL. tied .7. i ;1 4 r.F e diCir 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 cem CRANING Ma Mgt BATE YMIMY 4 2141 1 061724"0 1 or� EXHIBIT SHOWING ROCK HARBOR GOLF COURSE STUART M. PERRY, INC. BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 300 SCALE. I" 300 0 300 6d I I DEIU IM OWN MEN L 320.24 y u[ sat M VOS N 44'23 E TM 52 —A -313 STUART M. PERRY, INC. DB 933 PG 141E ZONED: RA USE: ROCK HARBOR GOLF COURSE S 607 LEGEND 0- UDUTY POLE O- TRANSMISSION UTIl1TY PCIE CMF CONCRETE MONUMENT FOUND. ROCK HARBOR DRIVE N 40'4529 E 500.73' 5 i TM 53 —A -88 a/1 db 4 dp p STUART Y. PERRY, INC. DB 933 PG 1412 ZONED: RA USE: ROCK HARBOR GOLF COURSE o EXHIBIT SHOWS A POR770N Of 771E LAND OF SWART M, PERR INC To BE DEDICA 7E0 FOR FUTURE ROUTE 37 ROUTE 621 INTERCHANGE BACK CREEK MAGISTERIAL DISTR ICT FREDERICK COUNTY, NRCIN /A DATE.. MAY 9, 2006 SCALE: 7 =30' GRAPHIC SCALE N 2 0 0 M co 7 m g vr s z 0 0 zz x 0 0 Wa cn