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Home My WebLink About015-06 Rock Harbor Golf Course - 58.08 Acres EM to RA - Back Creek - BackfileFORM 46808 Frederick County Department of Planning & Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 DaEZONING TRACKING SET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit L Deed Plat/Survey Taxes Paid Statement Impact Model Run DATE o p C Application received/file opened 0 Reference manual updated/number assigned 0 6 D-base updated / 0/,2�c aC Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing e' oz-o,c to /C�6 0 e location map ordered from Mapping File given to office manager to update Application Action Summary l - PC public hearing date ACTION: o' p BOS public hearing date ACTION: Signectcopy-of resolutiorr for- amendment -of ordinance, with conditions proffered - [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) Action letter mailed to applicant /� EXo Reference manual and D-base updated 1g,LLAL-File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended U \Carol\Common\vacking.rez Revised OS/09/02 1 f Coy71 �IEWIIN COUNTY of FREDERICK t Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 18, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #15-06 AND CONDITIONAL USE PERMIT 910-06 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 415-06 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. eran Zoning Administrator MRC/bad Attaclunent 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. Reviewed Action Planning Commission: November 15, 2006 Recommended Approval Board of Supervisors: December 13, 2006 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) Use: Residential South: RA (Rural Areas) Use: ResidentialNacant East: RA (Rural Areas) Use: Golf Course West: RP (residential Performance) Use: Residential RA (Rural Areas) Use: Residential PROPOSED USE: Commercial Outdoor Recreation (Conditional Use Permit (CUP)Required) 0 0 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 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 be clarified. 2. Proffer B provides for the dedication of property which is not a part of the property subject 0 0 • 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 PlanninIZ Department: Please see attached letter dated August 15, 2006 from Mark R. Cheran, Zoning Administrator. PlanninLy & 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 enviromnent 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 J 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 is Transportation Western Jubal Early Land Use Plan and the Metropolitan Plarming 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. 0 0 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 Devised 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,Vir ig nia 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 frill 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 frill 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 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 staff s 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. 0 0 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 be appropt•iate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. " Ji: Zle Zoos Frederick County, VA Location in the County Map Features 0 Application U Lakes/Ponds — Streams 03 Flooplain Streets '�. Primary Secondary Terciary Winchester City 'may Railroads O Property Lines Landuse Urban Development Area SWSA Rezoning # 15 - 06 Application Rock Harbor Golf Course Parcel ID: 52 - A - 256 Location in Surrounding Area O SILVER LAKE ��Og 69oHgR �A do O 06.61 ac. FRl11T HILL ORCH 53 A A 73.34ac No7t17, t-77 film �Qc 62 zoning 50 P c. \51 QaSa South Frederic Ag & Foresfral District DTS 52 A 300 305.43 ac. CLOVERDALEFARMS 52 A 305 433.01 ac. W. PERRY EM 2 A 256zoning PERRY 425.9 ac. 53 A 88 239.92 ac. Frederick County, VA Rezoning # 15 - 06 Application Rock Harbor 3 Golf Course Parcel ID: 52 • A 256 Location in the County Map Features - 0 Application Zoning Lakes/Ponds `-I B1 (Business, Neighborhood District) --- Streams Aw B2 (Business, General District) x3 Flooplam 40 B3 (Business, Industrial Transition District) Streets 4W EM (Extractive Manufacturing District) �. Primary 4111110 HE (Higher Education Distinct) Secondary 40 M1 (Industrial, Light District) Terciary M2 (Industrial, General District) Winchester City 40 MW (Mobile Home Community District) 'ter Railroads 4W MS (Medical Support District) O Property Lines 40 R4 (Residential, Planned Community District) I / ;anduse 4D R5 (Residential Recreational Community District) Winchester, V Urban Development Area RA (Rural Areas District)\[ SWSA RP (Residential Performance District) i dk� +iIQ �'Cr ass' gygr�yi MO 7, • 9 REZ # 15 06 w^ Q�uM�y P e a a 51 S5 ac 1\ t S , 1 N Y 4` 2 n Q 4 N M h • PERRY 52 A 256 Qu 425.9 ac. 5ti A�? a South Frederic Ag & Forestral0istrict DTS 52 A 300 305.43 ac. CLOVERDALEFARMS 52 A 305 433.01 ac. SILVER LAKE A 50 06.61 ac. rN , FRUIT HILLFOGFRls�arC H53Roa 69 A AC 3.34 O ac r - � 0 PERRY 53 A 88 239.92 ac. n�chester, V C 11. Frederick County, VA Rezoning # 15 - 06 Application Rock Harbor Golf Course Location in the County Parcel ID: 52 A 256 Map Features 0 Application Long Range Land Use D Lakes/Ponds Rural Community Center — Streams Residential C'3 Flooplain Business streets Induslnal �. Primary �� Institutional Secondary Recreation Terciary Historic Winchester City ® Mixed -Use 'may Railroads Planned Unit Development O Property Lines Landuse Urban Development Area SWSA k wmthrstr tnia Location in Surrounding Area LM p REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Stuff.• , Fee Amount Paidc> Zoning Amendment>als, er Date Receive �o a1 o6 . PC Hearing Date ! 6 BOS Hearing Date % t� 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. 2. 3. Applicant: Name: Greenway Engineering Address: 151 Windv Hill Lane Property Owner (if different from above) Name: Stuart M. Perry, Telephone: (540) 662-4185 Telephone: (540) 662-3431 Address: 117 Limestone Lane Winchester. VA 22602 Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 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 Verification of taxes paid ® Proffer Statement • 11 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 P 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Limestone Quarry Golf Course Expansion Please refer to attached Rezoning Adjoining Property Owners Map Exhibit and Property Owner Information List 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. 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 Number 52-((A))-256 Magisterial: Fire Service: Rescue Service: 10. 11. Back Creek Round Hill VFR Round Hill VFR Districts High School: Middle School: Elementary School: James Wood James Wood Orchard View Zoning Change: List the acreage included in each new zoning category being requested. 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 The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family Hotel Rooms: 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: c0 Uv Date: /D -/6-d6 Rezoning - Adjoining Property Owners Number Property ID # Name 7 Name 2 Address Ci -State Zip Code 1 53 A 88 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 2 52 A 313A R & T PACKING CORPORATON C/O 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 52 203 18 PERRY, DENNIS W 435 WOODCHUCK LN WINCHESTER, VA 22602 6 52 A 305 CLOVERDALE FARMS, INC. 263 FOX MEADOW LN WINCHESTER, VA P2602 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 52 172 13 ALEXANDER, MICHAEL SCOTT 600 WOODCHUCK LN WINCHESTER, VA 22602 10 52 172 12 BENNETT, PATSY ANN 492 WOODCHUCK LN WINCHESTER, VA. 22602 11 52 172 11 SEIDEL, ERIC K JR & LINDA M LUNDIN- SEIDEL 40 ROSEWOOD DR BARBOURSVILLE, 22923 12 52 172 10 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 52 172 7 MILLER, GREGORY G. & MARSHA R. 388 WOODCHUCK LN WINCHESTER, VA. 22602 16 52 172 6B CROCKER, CAROL A 374 WOODCHUCK LN WINCHESTER, VA 22602 17 52 172 6A LINK, WILLARD Z JR & 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 CATHER, 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 52 161 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 0 BOX 2249 STAUNTON, VA 24402 Rezoning-AdjacentPropertyOwners.xls 10/19/2006 9 TV Y1 STUART M. PI j L u ZONED USE EXTRACTI MANUf /ram 1 i - N 45 47 35" �• 185.88 S •_• S 47 54 38 W 1221 -' � W _ 4435 S•44°35'31" A_ - 462 69' S�-- 691.26 LOT 18 38'54"_ W ROSCOMMON SECTION 3.. Zz N 41 ° 14 05" E 4,81. `�0�3' 23 ` d 9�9=�9 8 '2Q A' 50`20'24W 684.06 , JE Iv11,N�NG' i LJrev— 1\ Cl //-'-'-• °��a,� 537 9�1 Jny, l�J �/ I J y• \may//� !r O �'.. i, TM53-A88 FZ Eo STUART M. PERRY, INC 4aJ a `! (TO BE BE(/REZZONONEDD R4) ZONED: RA r USE: GOLF COURSE""-'---` rg " - - S 56 29'17 W 1267 83LOT 82 ROSCOMMON , SECTION 7 �L /. i� \ 171.22 S 55°58'43 W / - 48.673 ACRES / l / - rnsT COURT Z_ cc W W Z Z LLI Fj • B Z pf LU Wcc t o DA7t JUNE 2006 Scat 1• - 600' DFSICN® BY. BY JOB NO. 4745 6 0 Rezoning - Adjoining Property Owners • 0 Number Property ID # Name 1 Name 2 Address Cit -State ZiD Code 1 53 A 88 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 2 52 A 313A R & T PACKING CORPORATON C/O 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 52 203 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 52 172 13 ALEXANDER, MICHAEL SCOTT 600 WOODCHUCK LN WINCHESTER, VA 22602 10 52 172 12 BENNETT, PATSY ANN 492 WOODCHUCK LN WINCHESTER, VA. 22602 11 52 172 11 SEIDEL, ERIC K JR & LINDA M LUNDIN- SEIDEL 40 ROSEWOOD DR BARBOURSVILLE, 22923 12 52 172 10 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 52 172 7 MILLER, GREGORY G. & MARSHA R. 388 WOODCHUCK LN WINCHESTER, VA. 22602 16 52 172 6B CROCKER, CAROL A 374 WOODCHUCK LN WINCHESTER, VA 22602 17 52 172 6A LINK, WILLARD Z JR & 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 CATHER, 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 52 161 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 38 152 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 71 B BISHOP, GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER, VA 22602 51 52 A 71A lCOMMONWEALTH OF VIRGINIA P 0 BOX 2249 STAUNTON, VA 124402 Rezoning-AdjacentPropertyOwners.xls 10/19/2006 • • 0 l rJ L TM 5+----256 �2__ STUART M. PERRY' ZONED:EM USE: EXTRACTIVE M11 JA& MANUFAC,TURIN • 537 g8 41 ° 14' 05"Eti9�o 0 4 r _ Boll 2v:S.105 ACRES z?0719. 17, z N �?,,..♦ h N 39°13'17i i„ 1pg921 9o,F 0 •�••► �•• S34°1p'3 :: F S 50°20'24" W 684.06' \ ` t 6...... till •�•a�r TM 53-A-88,rr~ STUART M. PERRY, INC. 2565.89' � ;,�..�..�� ! l _ (TO 5E REZONED RA) �sar._ . , ,// ZONED: RA == ,rf, f ' N 45 47'35 E O. - ;> ..�n�••�..�..�••�..�..� _ ^� _ 7 a l: - S 47°54'38" W Z ,- �---� GOLF COURSE ..�..�...�..� 1221.76' -�'� r 1 �,- US f f EGO zo 185.88' S l ` _ate S 55°�� ; c `'' 44°35'3 " W ..�..�•■te 8 3 ��.---- S 56°29'17 W�:.i..�..�.. '�' "3 5.00' ° ...�..�...$... ..� 44-35'31 W ___ . - 267.83' �.. 462.69' S S _ r LOT 82 �s $...�}j M_. ° ____ 691.25 �� f L� r�` / `:.:_ 171.22 l l r ; ROSCOMMON , ' '- ' S 3 W t r r r tOT 1$ 8� W SECTION 7 r Z _ 3 W % r �- , ;' / 55'�58'4 ^ -ROSCOMMON' �"' i r�/`` ' 48.673 ACRES..-=`� SECTION 3 ... -_. ROAD j 1� L COST COURT _ r - . fd 77 0 Z W LU Z ■.■ �rl N - j5 a 3 q m N 9 ' gma Z '�U N W a .0 c t- q °n+ ,q aiO R w 07 W C 0 ED O= x LA. W NJ �.. Oa CL 00 m Z a Z =O �L N V W O� cc DATE: TUNE 2006 1 SCALL 1' = 500' DESIGNED BY: SM 70H NO. 4746 C Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us 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 I (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 (Phone) (540) 662-4185 (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 it is signed, or until it is otherwise rescinded or modified. In witness thereof, I ( have ereto set o hand and seal this �µ day of OC % . , 200 G Signature(s) State of Virginia, Cit County , fGjedt(if_iQ-wit: I, , re- 01111+11i[ a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signle to the foregoing instrument and who I (are) known to me, personally appeared before me and has ack o Iedged the sa ae)bef r[ me in the juia diction aforesaid this day of 0(0- , 200 My Commission Expires: , N tary Public REZONING APPLICATION 915-06 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 Action Planning Commission: November 15, 2006 Pending Board of Supervisors: December 13, 2006 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 OINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential/Vacant East: RA (Rural Areas) Use: Golf Course West: RP (residential Performance) Use: Residential RA (Rural Areas) Use: 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 cornrnent 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 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 be clarified. 2. Proffer B provides for the dedication of property which is not a part of the property subject 0 • Rezoning #15-06, Rock Harbor Golf Course November 1, 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 Plannin14 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 connnunity'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 envirorunent 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 (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 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 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 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, Vir ini 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 frill 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 frill 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. Followingthe 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. 0 0 Location Map & Rezoning Plat Exhibit IMPACT ANALYSIS STATEMENT ROCK HARBOR GOLF COURSE REZONING Back Creek Magisterial District Frederick County, Virginia TM 52-((A))-256 aggregate area of 58.08± acre portion of 425.90± acre parcel May 25, 2006 Revised October 6, 2006 Current Owner: Stuart M. Perry, Inc. Dennis W. Perry, President Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #4745 Impact Statement/EAW 0 0 Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 ROCK HARBOR GOLF COURSE REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 58.08±-acre portion of a 425.90±-acre subject property owned by Stuart M. Perry, Inc., and identified as Tax Map Parcel 52-((A))-256. The subject site is located on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654), and is adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course. The Applicant proposes to rezone the 58.08±-acre portion of the 425.90±-acre subject property from EM, Extractive Manufacturing District to RA, Rural Areas District to allow for the expansion of the existing Rock Harbor Golf Course. Basic information Location: Fronting 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: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out Back Creek 52-((A))-256 EM, Extractive Manufacturing District Stuart M. Perry, Inc. Quarry Expansion of the existing Rock Harbor Golf Course RA, Rural Areas District 5 8.08±-acres 18-hole golf course expansion for Rock Harbor File #4745 Impact Statement/EAW 2 0 Greenway Engineering COMPREHENSIVE PLAN Urban Development Area May 25, 2006 is Rock Harbor Golf Course Rezoning Revised October 6, 2006 The 58.08±-acre portion of the 425.90±-acre subject property is currently located outside of the Urban Development Area (UDA); however, expansion of the UDA to accommodate the rezoning of this portion of the subject property is not necessary for this application. Sewer and Water Service Area The 58.08±-acre portion of the 425.90±-acre subject property is currently located approximately 1,500 linear feet west of the Sewer and Water Service Area (SWSA); however, expansion of the SWSA to accommodate the rezoning of this portion of the subject property is not necessary for this application. SUITABILITY OF THE SITE Access The 58.08±-acre portion of the 425.90±-acre subject property is located on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654), and is adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course. Access to the Rock Harbor Golf Course is accommodated off of Merriman's Lane (Route 621) through a commercial entrance that was approved by the Virginia Department of Transportation (VDOT). The location of this commercial entrance was identified by VDOT to allow for access to the Rock Harbor Golf Course without impacting the location of the future Route 37 southbound off -ramp. This existing commercial entrance will be utilized as access for the Rock Harbor Golf Course expansion. Flood Plains The 58.08±-acre portion of the 425.90±-acre subject property contains a small portion of floodplain area in the northern most corner of the property by Round Hill Road (Route 803) as demonstrated on FEMA NFIP Map #510063-0115-13 and on the Frederick County GIS Database that is estimated to be approximately 9,000 square feet in area. It is not anticipated that the expansion of the Rock Harbor Golf Course will impact this small area of floodplain; however, it should be noted that the Frederick County Zoning Ordinance allows for public and private recreational uses, such as golf courses to be developed within floodplain areas. File #4745 Impact Statement/EAW 3 • Greenway Engineering Wetlands 0 May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 The 58.08±-acre portion of the 425.90±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 58.08±-acre portion of the 425.90±-acre subject property contains four soil types as demonstrated by the Soil Survey of Frederick County, Virginia (page 29 & 35) and the Frederick County GIS Database. The following soil types are present on site: 14C Frederick-Poplimento Loams 7-15% slope 14D Frederick-Poplimento Loams 15-25% slope 16C Frederick-Poplimento Loams, very rocky 7-15% slope 16D Frederick-Poplimento Loams, very rocky 15-25% slope 17C Frederick-Poplimento Loams, rock outcrop complex 2-15% slope 17E Frederick-Poplimento Loams, rock outcrop complex 15-45% slope 40B Timberville Silt Loams 2-7% slope Table 5 on page 123 of the Soil Survey of Frederick County, Virginia identifies the Timberville Silt Loam 2-7% slope as prime farmland soils. The soils types are consistent with the soil types found on the existing Rock Harbor Golf Course; therefore, these soil types are suitable for the expansion of the Rock Harbor Golf Course facility. Other Environmental Features The 58.08±-acre portion of the 425.90±-acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints on the portion of the subject site that is planned for the expansion of the Rock Harbor Golf Course. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: B-3, Industrial Transition District RA, Rural Areas District South: RA, Rural Areas District East: RA, Rural Areas District Use: VDOT Headquarters Residential and Unimproved Use: Roscommon Subdivision & Agricultural Use: Rock Harbor Golf Course & Roscommon Subdivision File #4745 Impact Statement/EAW 4 Greenway Engineering May 25, 2006 Revised October 6, 2006 West: RP, Residential Performance District Use: RA, Rural Areas District TRANSPORTATION • Rock Harbor Golf Course Rezoning Residential Residential; Unimproved & Agricultural The Rock Harbor Golf Course expansion calls for the development of an additional 18-hole golf course that will utilize the 58.08±-acre portion of the 425.90±-acre subject property that is proposed to be rezoned. All vehicle trips that utilize the Rock Harbor Golf Course will access the site at a single commercial entrance located on Merriman's Lane (Route 621) that was approved by the Virginia Department of Transportation (VDOT). The location of this commercial entrance was identified by VDOT to allow for access to the Rock Harbor Golf Course without impacting the location of the future Route 37 southbound off -ramp. The Applicant's proffer statement provides for a dedication of right-of-way sufficient to accommodate a southbound off ramp for Route 37 without impacting the existing commercial entrance. A recent traffic impact analysis statement prepared for the Willow Run community dated April 18, 2006 identifies the average daily traffic volumes (ADT) along the segment of Merriman's Lane (Route 621) between Route 37 and Cedar Creek Grade (Route 622) at 2,800 ADT. Traffic generation data obtained from the Rock Harbor Golf Course indicates that there is an average daily golfer count of 115-120 golfers per day, while the highest golfer count ever recorded was 208 golfers in one day for a tournament. Additionally, the Rock Harbor Golf Course has 12 full-time employees. The frequency of vehicle trips that utilize the commercial entrance at the Rock Harbor Golf Course are dispersed throughout the day due to scheduled tee -times and do not generally fall within the morning and afternoon peak traffic times. Additionally, the 115-120 average golfer per day count does not equate to the same number of vehicle trips due to ride sharing. Assuming that the expansion of the Rock Harbor Golf Course doubles the average golfer per day count and that all golfers drive single occupancy vehicles, it would be anticipated that there would be 240 ADT associated with this rezoning. The full-time employee traffic generation would increase this volume to 288 ADT assuming that each employee left the site once a day during the course of the workday. The 288 ADT represents a potential worst -case scenario increase of 10% in the existing traffic volume along Merriman's Lane (Route 621) and at the existing commercial entrance. The 288 ADT associated with the expansion of the Rock Harbor Golf Course will not create a negative impact to the transportation network and the Applicant's proffered right-of-way dedication for the southbound off -ramp for Route 37 will assist with future transportation improvements within this geographic area of the County. File #4745 Impact Statement/EAW 5 0 Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 SEWAGE CONVEYANCE AND TREATMENT The sewage disposal system requirements for the Rock Harbor Golf Course are determined by, and approved by the Frederick County Health Department. The existing sewage disposal system consists of an existing gravity drainfield with a capacity of 600 gallons per day that is supplemented by a low-pressure distribution drainfield with a capacity of approximately 1,200 gallons per day. Information prepared for the existing Rock Harbor Golf Course projected a design flow demand of 1,000 gallons per day for patrons, 200 gallons per day for employees and 580 gallons per day for food service. The existing gravity drainfield and low- pressure distribution drainfield were permitted by the Virginia Department of Health and have been installed per plan and are functioning appropriately. The proposed expansion of the Rock Harbor Golf Course to develop an additional 18 golf holes and to expand the existing clubhouse facility will warrant an evaluation of the existing sewage disposal system to determine if the increase in patronage and food service will require an expansion of this system. Adequate area exists around the current sewage disposal systems to accommodate an expansion of this system if required by the Frederick County Health Department. WATER SUPPLY The water supply demands for the Rock Harbor Golf Course are determined by, and approved by the Frederick County Health Department. A private well has been established for the Rock Harbor Golf Course to provide for the water service needs of the clubhouse facility and restroom facilities. Water is pumped from the Stuart M. Perry quarry for the purpose of irrigation of the existing 18-hole golf course facility. The proposed expansion of the Rock Harbor Golf Course to develop an additional 18 golf holes and to expand the existing clubhouse facility will warrant an evaluation of the existing private well system to determine if the increase in patronage and food service will require an expansion of this system. Adequate water supply exists at the Stuart M. Perry quarry for the purpose of irrigation of the existing and proposed golf course facility. SITE DRAINAGE The Rock Harbor Golf Course expansion calls for the development of an additional 18-hole golf course that will utilize the 58.08±-acre portion of the 425.90±-acre subject property that is proposed to be rezoned. Drainage from the 58.08±-acre area primarily flows to the south and east towards the Roscommon Subdivision and the existing Rock Harbor Golf Course. The existing Rock Harbor Golf Course was designed and graded to capture storm water through a series of man-made retention ponds that direct drainage to a drainage channel along the northern property line. The development of the 58.08±-acre area to create additional golf holes will be accomplished in a similar fashion. It is envisioned that additional man-made retention ponds will be created to capture storm water to ensure that there are no adverse drainage impacts to adjoining properties. Additionally, the expansion of the Rock Harbor Golf Course will create minimal impervious area associated with golf cart File #4745 Impact Statement/EAW 6 0 0 Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 paths; therefore, the vast majority of this acreage will remain as green space. The subsequent site plan will demonstrate that post -development drainage conditions are equal to or less than pre -development drainage conditions. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4th edition). The following figures show the increase in average annual volume based on a 24,000 square -feet clubhouse facility that may ultimately be developed as part of the Rock Harbor Golf Course expansion: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. X 24 (1,000 sq. ft.) AAV = 129.6 cu. yd. at build -out, or 90.7 tons/yr at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected expansion of the Rock Harbor Golf Course clubhouse will generate approximately 90 tons of solid waste annually on average. This represents a 0.04% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the Rock Harbor Golf Course will be routed to the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The 58.08±-acre portion of the 425.90±-acre subject property proposed for rezoning does not contain any site area or structures that are deemed to be potentially significant, nor is this acreage a component of core battlefield area designated by the National Park Service and the Shenandoah Valley Battlefield Foundation. The Frederick County Rural Landmarks Survey identifies three sites within close proximity of this acreage that are identified as potentially significant. These sites include Stoney Acres, the Clark Cather House (#34-88) near the existing Rock Harbor Golf Course commercial entrance; as well as Walnut Grove, the John S-Lucien Lupton House (#34-98) and Linden, the Lupton -Woods House (#34-346) located near the portion of the property proposed for rezoning. The expansion of the Rock Harbor Golf Course will not negatively impact the potentially significant historic structures and the development of the golf course will allow for these structures to be viewed by the public without encroaching on private property. File #4745 Impact Slatement/EAW 0 • Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 I. OTHER IMPACTS The rezoning of the 58.08±-acre portion of the 425.90±-acre subject property and ultimate expansion of the Rock Harbor Golf Course is not anticipated to negatively impact County services. The Applicant has historically supported the County Volunteer Fire and Rescue Services and has included a monetary contribution of $5,000.00 that is to be directed to the Round Hill Volunteer Fire and Rescue Company as a component of the proffer statement for this rezoning application. No impacts to County capital facilities are anticipated by the expansion of the Rock Harbor Golf Course. File #4745 Impact Statement/EAW 8 McDonald Rd Tra 494!/ k, v, Qa 01 Le end ® Portion of Subject Parcel to be Rezoned (Approximate) Zoning B2 (Business, General District) - B3 (Business, Industrial Transition District) - EM (Extractive Manufacturing District) _ MS (Medical Support District) \ \J RA (Rural Areas District) FRP (Residential Performance District) LOCATION and ZONING MAP \ rot- e U SSR / 7 s 0 v Wa/Tart Or �o a m .� Marri Existing Rock Harbor Golf Course la LJJ �� 1 A��N��I1� 0 CZ • • ••• • .` , _CE I ��/llllirlrn • • aluu�r►ri, �. IN Feet • 11 750 1 1,ko 3,011 ININSlid p Data Source. Frederick County, Va. GIs Department, 2006 Data h Sp Ro SOILS MAP BM;,, U"a Hi Qom' 2 v Amherst St ii Rd of t 50 p` Amherst St - — LU �.., g — W -- m W Z 7�1� 5 3a o j Q `, 40B J W m ;,•. l c a Kathy Ct m 14c Z , W F W r /cc 17E _ ° C c 36 City of Winchester 37 No Soils Data Displayed LLJ 4 / % Dutton PI U) QQ o 1 16D Existing Rock Harbor ee �e J Golf Course °� °��, _ o` Q e 6C 4 0` �° v far CZ 70 e` U) 14D i o C°� `� J 17E J ��c` m Z O �y Z / o 4 TQ 1NI 16D / / o I aaSr Y 17E 3 c' U ob m m Lu w Z 17 C L U to _ o 16D / Legend ZQ W — z Subject Parcel X z U) LU C7 w ® Portion of Subject Parcel to be Rezoned (Approximate) W —J Cr U) Q > n s Soils i CL W W } � 14C, FREDERICK-POPLIMENTO LOAMS, 7 TO 15 PERCENT SLOPES O 2 Z cc P _ 14D c 14D, FREDERICK-POPLIMENTO LOAMS, 15 TO 25 PERCENT SLOPES 0 J C7 m _ O 16C, FREDERICK-POPLIMENTO LOAMS, VERY ROCKY, 7 TO 15 PERCENT SLOPES ° O < U z i 16D, FREDERICK-POPLIMENTO LOAMS, VERY ROCKY, 15 TO 25 PERCENT SLOPES Y U m Ln — co 17C, FREDERICK-POPLIMENTO-ROCK OUTCROP COMPLEX, 2 TO 15 PERCENT SLOPES W m Cr LijCrO m W W m Ln 17E, FREDERICK-POPLIMENTO-ROCK OUTCROP COMPLEX, 15 TO 45 PERCENT SLOPES LU cc Q U Feet } / \ 36, PITS, QUARRIES, AND DUMPS = U LL 6 c C 0 40B, TIMBERVILLE SILT LOAM, 2 TO 7 PERCENT SLOPES U m 1,000 500 0 1,000 2,000 - -- ° w J Q 3' a i�A��`` o U)i V1ap Data Source: Frederick County, Va. GIS Department, 2006 Data ENVIRONMENTAL FEATURES MAP 1v r Z J� �� v ' ��_ - _ 3 .S FE /� / �� A 5LLI � �� j h W �Qp R `O� % ` i' \.� '� T- _ u/ o Marri°M /l \iqa Z y J Q z Duna v Hill (�d e - m V . Q' AmhersA i / - Tr • _ a I mher5t St Lii o . i y° t St - _ t it L) C niq O1 _ > _>_ N LU Stonewall Dr. Stez`s, ' as m =j. •vLl/ /i T7 j KathyCt :n° Dag A ♦�4 \ I Vla Ti' , t y YJlJf /I \�\� %/ \ \ �\` vJ r�/) W O o° c a •, 37 \ °Existing lL U Rock Harbor / , �� J 70 Q Golf Course - % (D CZ ILL 0 J -t- �aAe°ya -7//� r O Z F5 COZ W r �O e �, � 80� • - W ,P �x O O/r W 7`- �' 1 w �^ l S� . O 45 l� d W o ZZ Q tr Q z I\ W W 0(1) Q _l W lr J Legend r Q CC } Subject Parcel W W ' O ILL r j Z dE Portion of Subject Parcel to be Rezoned (Approximate) 0 Q C7 ZO m / J < Z ll Lakes and Ponds O Z (D W Y Y m o A Floodplain 2 W U o o 0 Z W lr (n Feet / ' .' Wetlands m o0C U W b Q a / �\ Q W d Streams I Y oC o 800 400 0 800 1,600 c Z < " /R �•` - - - ace 5 Ft. Contours 0 W m N 0 w W lY Q (< % / o Cf) p Data Source: Frederick County, Va. GIS Department, 2006 Data: Wetlands and Floodplain, 2005 Data elea 9WZ'luewved9(3 SIC) en'iqunoa M3uepej=l :awnog elea dE 00/ffl I ,,, ,. �.. • . ♦� • rmu�p� ; �I � small . • '-M 4 • �t/�•��'�' ♦�� C \ ._... F Fall ♦♦ �' puaWall ��1WF 0 0 Impact Analysis Statement & Exhibits Printed On OM06 By GREENWAY ENGINEERING INC O V: lD 59 TE S 3 VoN mw 4 SCALE: 1'-ZW APPROVED .SVMW-90V ADAAW57RA -Air 3/eWsA- ,6.c' OWN£Rs' ca77f7CA 1F T}E ABCIE AAO LIEALtl�SI1W OF TFe LM OS OF SnW Y. FM MG [W 53-A-W) MO R AAD T P 6QBg14A WVlW52-A-3IJAJ AS ARFM W THE ACCOPAN)W PUT, IS W N VE nU CLIAC W AND W A1rAf lw 001 4f NMI STATE' NOTARY PUBIJC aTY/ worry 001/ lw EYI A BE7 i - UE LiV f IIUk� �7 F Zi o (DA 1F) BY OF STUART AL PERRY, W— Al Y collAR4S9m ppms 7h, )4te NOTARY PLQX SM X OF NOTARY PUBUC arylloG !' W QT i pclu a ' ME F NG mwENT .4S LY�YONLEUVO BfF7.Y�E AIE BY, 5L f1 r py gET�" LIP" R Aiw r PAaaMG cavoRA A/ Y G10#,#$9Qb LEVI IE`$ 7641, 1• (NOTARY PUNX) SURW)'O''S C£R77nCATE NVOY COMP NA THE LAAD COWANO AV M 6juUR1' Lie AMZTMD(T W TFe LAND gpyWO TO SWT x PEWY' X IPW &T-A-8d) BY DW MTED IJ Aft INN AMUS1fp BY DEW MILD 13 SIPTF/W 2000 AND A PURMY Of PE LAID CpYWO TD R AAD T P (k7f4C GY19°W7XN� A-TIJAJ BY AEID DARD DATED 14 QEeilASIER IBM /► WNSMAD BY DO DATFD MRC� SAD Ll£FAS W THE QfW or THE CtW Qr THE CRLUr COWT CF FfEZDW MT): WGNA /V DEED WW AD AT PARE 141Z MV 9" 075 AT PALE 134 00 XW 570 AT PAGE 48g AAD AS WSTRI&VfT 660X"61 , lEgW IEIK BOUNDARY LINE AD.CISTAI£NT �TH of f'f�r BETWEEN TH£ LANDS CF SRIART M. PERRY, INC. & R AND T PACKING CORPORA I7ON 84CK LWQzx A/Aasr qw& asnwr o S 11 7 g fRE771EIPJL7C 11AUNIY, NRQ7WA 01 3' A44RCH 42006 - " r•RD 3UR��4 ID 5W-6LA 9 LET 1 OF 3 p F MARSH & LEGGE wmKMD 22601 Land Surveyors, P.L.C. PHONIC 50) 667-0468 FAX 540 667-0489 ( RAILROAD - SMART AL PEW,IMG Oj PW 53-A-88 2J5.101 AXS WL AKA) AM (AANM ,AWA I 0 52-A-255 li SIVARr M. PERRY, WC, OB 260 PC 4 ZawD.. Em USE- QUARRY 0 52-A-JIJC awEs & olAgn DUIIONT INST./ OW20594 ZLW ..• RA li USE: VACANT © 52-A-Jll RICHARD & SUSAN CREASY 08 521 PC 82 ZON£D: RA USE: RESID&VAL ® 52-A-JIIC j THOAIAS A. SCHULIZ J?. DB 469 PC J29 ZONED. RA USE' RE900V71AL 52-A-J118 HAROLD EuawE COAISTDCK OB 420 PC 456 ZONED.• RA �I USE• VACANT ZOYM RA USE. Gaf COWSE © 52-A-J1J STUART H. PER4Y, WC D8 9M PC 1412 ZONED: RA 01 USE- GOLF COURSE 52-A-3138 "ES & QV&K DGSUIQWT 08 877 PC 1703 ZAYED: RA USE: RESIOEIV nAL ® 52-A-310B RICHARD d SUSAN CREASY D$ 521 PC 82 ZaSM RA USE: RE900MAL ® 52-A-J11A HAROLD EUGENE COIWST0OIC D8 407 PC 402 MYER RA USE RE57oENIIAL ® 52-13-A FRED L Ill & ANN W. GLARE Dd 321 PC 40J BMW.- RA USE-- RESIDEN17AL U PROPERTY LK \� hMY VAC40 L -- titi� PROPERTY LIB hMY CREA1ED RAW T PAOW aXWORA MV _ I PW 52-A-XJA SAINT J 117.6726 ACRES LOT 59 sj (ytowAL AREA) ANDREhS---, SM 1128W4 AM MIRT LOT 57 ZONED.- RA ; USE AGRICill1U4AL Q) LOT 56 II, (D` KE YNA P Tr LOT 22 I. I SECnaN 7hRff o' Boo' 1 soo' 2400' —��ROBINSON ROAD ! LOT 18 I' GRAPHIC SCALE 1 '-800' —'ON ROSMMM BOUNDARY UNE AD,AISTMENT Tx of t, BETti1EEN THE LANDS CF l' r I� SRIART d PERRY, INC. & s i, R AND T PACKING CORPORA TION (;fce eAar owix wasmw& DlsnwT I5o. ;0!197 f1eE>aoe�c�r COMM,HRawAo�i I AMRQY 6, 2008 I! ID 5486-BtA SHEET 2 OF 3 t4XD BQRVti�EDJF �4 iYLI A-R S & T� LJ WMC,-W-74- VMINU 22601 Land Surveyors, P.L.C. PHONE �� 867-0� FAX Q540; 687-0469 SD T dl PERRY INC � PIN 534-88 % 2J5101 ACRFS (OR16WAL AREA) 239W AM ♦♦� Ate! IAIED.• RA USE Of COURSE 100' BRL IX P1RWOM UE �hA<lY VAGTm N IQ w z 100' BRLQ m • PRCK RIY LIE. j! WaY CXii1IM R ANV T PI,(,7W XJFM MV 'i PIN 52—A—JIJA 117..6726 ACRES (MUNAL AREA) (AM= Ao IAED.• RA I' USE.- ACRICUL A RAL II i !� L NO TIE R£PCWT fURMSHED. I 2 PRA°ERTY Ag&llf7CATIAY N0. ;i 5J—A-88 AND 52—A—J1JA. J EA2k W 5 MAY MT THAT ARE NOT SWW ON 71A'S PLAT 0. 200' Q0, 600' GRAPHIC SCALE. 1 `400' BOUNDARY LINE AD.VS7MDVT B£TRIN ME LANDS OF � ! SRIART M. PERRY, INC & I R AND T PACKING CORPORA PON BALW 0%7K A& GISTDW& UVSTATICT 50' BRL _ TH OP AURM 6, 2" '• �'��'o sutra��o 'I ID 54%—U SfU 3 OF 3, pf is MA��S fi 8c G G,� 560 NOM MUDO x SMW WBXIIEM VINDU Land Si_mveyors, ''. L. C. PHONE IFAX 1"54) W7-�9 V ftlMIA: FREDERICK COUNTY, SCi: .; o ti% k)etf MMI Of writing was produced to me 00 c7� iNtt tlNi i EOM11 tv At sekhOwledg mead thereto annexed MM1 sdtiiiilH 10 WRIIM; T I111pcseed by Sec 58.1-802 of --L)Lri , 1 k4.ldlfl) h0vr tvm p6d, if assessable Ck*t 0 • Prepared by: McCandlish Holton 1111 East Main Street, Suite 1500 Richmond, VA 23219 Tax Parcel No. 86-A-10 Tax Parcel No. 86-A-10A Tax Parcel No. 86-A-10B DEED OF SUBDIVISION THIS DEED OF SUBDIVISION (this "Deed") is made as of the 18th day of October, 2006, by STEPHENS CITY GF, LLC, a Virginia limited liability company ("Company"), as grantor and grantee for indexing purposes. RECITALS A. Company is the owner of a parcel of land located in Frederick County, Virginia, said parcel being designated as T.M. 86-A-10 containing 19.1920± acres (the "Property"), as shown on the plat entitled "Final Plat for Lot Consolidation and Right -of -Way Dedication of the land of Stephens City GF, LLC" dated September 20, 2005, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 050021915. B. Company wishes to subdivide the Property into three (3) parcels. AGREEMENT NOW, THEREFORE, for and in consideration of the premises, the sum of One Dollar ($1.00) cash in hand paid, and other good and valuable consideration, the receipt of which is acknowledged, it is agreed as follows. 1. Subdivision. Company declares that the Property is hereby subdivided into three (3) parcels, as shown on the plat entitled "Final Subdivision Plat of the Land of Stephens City GF, LLC" made by Greenway Engineering, Mark D. Smith, Land Surveyor, dated August 17, 2006, which plat is attached hereto as Exhibit A and made a part hereof (the "Plat"). The Property shall be and hereby is subdivided -into three (3) parcels, the first parcel containing the residue of Tax Parcel 86-A-10 in the amount of 16.0765± acres, said parcel being shown on the Plat as "Residue of Tax Parcel 86-A-10, 16.0765 Acres," the second parcel containing 2.0111± acres, said parcel being shown on the Plat as "New Tax Parcel 86-A-10A," and the third parcel containing 1.1044± acres, said parcel being shown on the Plat as "New Tax Parcel 86-A-10B," reference to which Plat is made for a more particular description of the subdivided parcels. 2. Consents and Approvals. This Deed is made with the free consent and in accordance with the desire of the Company, and with the approval of Frederick County and the 522740v1 0 Virginia Department of Transportation, as evidenced by the approvals set forth on the Plat of the Frederick County Subdivision Administrator, the Frederick County Sanitation Authority and the Virginia Department of Transportation. 3. Subject to Easements. This Deed is further made subject to all matters shown on the Plat attached hereto as Exhibit A, including but not limited to the variable width ingress/egress easement shown thereon and hereby created with the recording of this Deed and the Plat, and to all easements, restrictions, reservations and other matters contained in duly recorded deeds, plats and other instruments affecting the Property hereby subdivided which have not expired by limitation of time contained therein or have not otherwise become ineffective. [SIGNATURE APPEARS ON FOLLOWING PAGE] 522740v] 2 0 0 WITNESS the following signature pursuant to due authority: STEPHENS CITY GF, LLC, a Virginia limited liability company COMMONWEALTH OF PENNSYLVANIA) To wit: COUNTY OF CUMBERLAND Dennis J. Schmidt Authorized Member The foregoing instrument was acknowledged before me on this day of October, 2006, by Dennis J. Schmidt, Authorized Member of Stephens City GF, LLC, a Virginia limited liability company, on behalf of the company. Notary Public My Commission expires: 522740v1 0 0 EXHIBIT A [SEE PLAT ATTACHED HERETO AND MADE A PART HEREOF] 522740v1 rlly r A 4 Y3�i'�t�5� ` hty �i1 �f+ � - i ' j...AP {•lA.�� _ rF £r �! ..f• K �.. •i '�`�,.� v��:y.�y.y,<�j(.. 1�}✓a•...-.�.;,y/�til•�J.�-,�;��L�v t `t :t'f y. ':;tG• ''" ',.� �t'��!•�°��N F ' ' .:ii..x'. #388�� STUART M. -PERRY,' INC. i. PLAT * '� x3 531 MG( 163 . Tho Attached Plat and Courses and Distances.deactiption, made I f . by Lee A. Ebert, Grtifi'ed Land Surve;or, Winchester., Virginia, dated s February I10 1980o is a Survey of Me Land conveyed to Stuart N. Perry, Incorporated by Five Deeds - Lees the Small Portion conveyed to the Coiiwnonvealth of Virginia (Route 654'). The said Improved Land fronts �•'y,:.: ►t�±;�4. the Southern Boundary Lines of Virginia Route 803, end fronts the .;f Eaatorn Boundary`Lini and Center Lines of Routs 654, in Back Crook 11o ; District► Frederick County, Virginia. Given under our hands this .,._day of iiace��19�� jSEAL) r.r ---- (SEAL). \ ice. !-; . •` AMNONLFDGMENT .` STATE OF. VIICINIA; . COWri'y .OF FREDERICK, ( I'' CA'i1,Lug %Z W-7% - , a Notary public for said, y� County of in the State of Virginia, do hereby r ,° cazdfj that 2, c vhoae names aro.signaJ to ,the foregoing Certificate of Confirmation , +'j� by Owners, and Plat, bearing date .ot the _2 / rA, day of A H have acknowledged the same before rw in My county aforssa t« Ny Commission as y P ices notar ex :3 r � 11'1 tit *GIVEN UNDER NY WAND this • _t&day of ''tc�v,�e�9: % ell ' 11 Fti , 1 'y�'. �'•�.t 1 4 '7�I� � {� � (.�� 5 � t �a is i ,, :a � -t Uaf% � � '1.. t"r ��a{ 'I.�i,:�"; ic. • y ., arM��7 , rYY _ ",Y K �t ram � •li',iT? :',.��.Y,'AY(fi. AY.'•t, s/- �.,. 'W K ••� LR• ^ ' ArjA64 31 r �wST PT. 119M y •,, � W r � 't a ,- N , C. L. ROBINSON ICE. a •r �. i!1 CO'.O _ STORAGE CORR f0.IL 157 •• It400 G J h f M�N p0. u� R i2 ►. cc 40 X 4in 1— N lop, in dD taw?` v I ss r `N LLI df # s✓•'Q 1 0 ' S tiLT rf 1 ..1 ` , .. �°r may. ' � N • s' ' �r� If r, ; �► oLEL•A: EE:RT I '' o0c J f (YNh, iCA IL Mt 4p.r;i, 4 js 66, CA ,p.q • ! t.• T d rM14 a E; Z OctN �r a �'. . •at rf, �. ~ r021 Po IT CLOVEROALE +F • IF AR M. INC. VIROTTA F DERICK CO Y, (SCT.� Thik strument Hof wr ling was p�oduce to me on%he Oth d-�y d y 19 at 1 i35 M. withertificat of "to dgme t me t' o ann xe was e 'it d to r c d. i ,CLERK lfitiFifiHt #p-p-M#iyFittt ' #531 # HOLMES E. YEAKLEY, ET UX # TO DEED # STUART M. PERRY, INC. # THIS DEED made and dated this 7th day of May, 1954, by and between d� Holmes E. Yeakley and Lois R. Yeakley, his wife, parties of the first part, and Stuart M. Perry, Incorporated, of Winchester Virginia, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dolla s ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is. hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, its successors or assigns, all of that certain tract or parcel of land containing 19.86 acres, more or less, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging, lying and being situate about three miles West of Winchester on the Southern side of U. S. Highway No. 50 in Shawnee District, Frederick County, Virginia, and being the same land that was conveyed to the said parties of the first 'part by L. Jackson et-ux, by deed dated May 20, 1943, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No*. 187, page 166. A plat and survey of said land made by Walker McC. Bond, Surveyor, is attached to this deed, and this reference incorporated herein. The aforesaid grantors covenant that they have the right to convey said land to the aforesaid grantee; that the said grantee shall have quiet possession of said land, free from all encumbrances; that they have done no act to encumber said land; and that they will execute such further assurances of said land as may be requisi e. Witness the following signatures and seals. REVENUE STAMPS * HOLMES E. YEAKLEY {SEA $4 40 I) CANCELLED # LOIS R. YEAKLEY (SEAII) �#�ee��-�r+r�rn+�a+r+a► State of Virginia County of Frederick, to -wit: I, Virginia Ritter, a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that Holmes E. Yeakley and Lois R. Yeakley, his wife, whose names are signed to the foregoing writing bearing date of May 7th, 1954, have personally appeared before me in my county aforesaid, and ackr.•)ivledgei the same. Given under my hand this 8th day of May, 1954. My commission expires March 17, 1956. VIRGINIA RITTER Notary Public /c�lys %ku - -9 • Stuart M. Perry, Inc. is about to purchase the Holmes E. Yeakley land situated and lying in Shawnee District, Frederick County, State of Virginia, two miles west of Winchester fronting on the south side of Primary Highway U. S. No. 50 lying west of and adjacent to the other land of Stuart M. Perry, Inc. and is more parti- cular described as: Beginning at (1) a post in the Southern Highway boundary line of Primary Highway U. S. No. 50 about two miles west of Winchester, State of Virginia, Shawnee District, a corner to Perry's former purchase, running with said highway bounder line N 68 Deg. E 20.18 rods to (2) a post corner to the Wilkins lot; thence with a line of said lot S 501 Deg. W 27.77 rods to a poet corner (3) thence S 54 Deg. W 72.0 rods with a line of the Cather land to a post corner to said Cather land in the northern boundary line of Woodchuck Lane; (4) thence S 35} Deg. E 39.45 rods to a post corner in a line of the Roy Begeant land and a corner to Perry's former purchase; (5) thence with the following seven lines, Perry land N 51 3/4 Deg. E 31 rode; (6) Thence N 43 Deg. E 44.72 rods to (7) a post corner; thence N 411 Deg. W 12.26 rods to (8) a post corner; thence N 46* Deg. E 23.57 rods to (9) a locust tree in the fence line; N 57 Deg. E 3.09 rods to (10) thence N 75J Deg. E 6.24 rods to (11) a post corner; thence finally N 331 Deg. E 4.6 rods to the point of beginning containing 19.86 acres or 19 acres 3 rods 17 Square poles. Surveyed April 1954 By: Walker Mc. Bond WALKER McC. BOND VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the loth day of May 1954 at 1:40 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. ,Y�• l-i d.we ,CLERK a3/14z #1276 # STUART M. PERRY, ET UX TO •• DEED # STUART M. PERRY, INCORPORATED eearir+rr+► THIS DEED, made this 16th day of October, 1951, between Stuart M. Perry and Leona M. Perry, his wife, of the one part, hereinafter called the Grantors, and Stuart M. Perry, Incorporated, of the other part, hereinafter called the Grantee. WITNESSETH: That for valuable considerations the Grantors do grant unto the Grantee, with general warranty of title, all of the following described tracts of land, all situate in the County of Frederick, Virginia, and more particularly described as follows: Tract 1. All of that certain parcel of land that was to Stuart M. Perry by deed of T. Newton Gather, dated March 10, 1936, and of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 171, at page 186, this being part of the Grantors' quarry property, and being located about three miles from Winchester, Virginia. The said property is described in said doe as follows: "Beginning at a stake in the line of the land of said parties of the first part; thence North in their line six hundred and forty-one (641) feet to a stake in their line and the line of Robinson; thence West in their line two hundred and eighty-seven (287) feet to a stake in the line of said Gather and Robinson; thence North in their line two hundred and ninety (290) feet, to a stake in their line; thence West in their. line two hundred and forty-eight (248) feet to the line of a joint drivewa twenty (20) feet wide; thence West from west side of said driveway one hundred and tweet - two (122) feet to a stake in Lather's line; thence South in Lather's line eight hundred and eighty-four (884) feet to a stake in the line of said Gather; thence East in his lin six hundred and twenty-seven (627) feet to the place of beginning, containing twelve (12 acres, be the same, however, more or less." This lot includes a right of way for ingrea and egress to and from the land herein conveyed over a right of way leading from the Northwestern Grade South across the Winchester and Western Railroad to the land herein conveyed, as more particularly set forth in the aforesaid deed. Tract 2. That certain parcel of land that was conveyed to Stuart It. Perry by deed of C. L. Robinson Ice and Cold Storage Company, a corporation, dated April 10, 1936, and of record in said Clerk's Office in Deed Book 172, at page 3, containing 10 acres, no roods and 7 square poles, and being more particularly described in said deed as lying about two miles West of Winchester, Virginia, on the South side of the Winchester and Western Railroad, and on the South side of the Northwestern Grade (U. S. #50). Tract 3. That certain parcel of land that was conveyed to (Stuart Perry, he being the same as Stuart M. Perry, by deed of H. E.-Pingley, et al, dated May 3, 1938, and of record in said Clerk's Office in Deed Book 176, at page 69, of Winchester and lying along the South side of the Northwestern Grade and the North Bid of the Winchester and Western Railroad. Tract 4. All of that certain parcel of land that was conveyed to Stuart M. Perry by deed of C. L. Robinson Ice and Cold Storage .Corporation, a Virgini corporation, dated January 7, 1941, and of record in said Clerk's Office in Deed Book 184, at page 290, which tract of land is located just South of U. S. Highway #50, about two miles West of Winchester, in Shawnee Magisterial District, bounded on the North by the Southern right of way of the Winchester and Western Railroad; on the West and South by other land of Stuart M. Perry, and containing 19 acres and 24 square poles, more or less, as shown on a plat attached to the aforesaid deed. Tract 5. That certain tract of land that was conveyed to M. Perry by deed of T. Newton Cather and wife, dated April 24, 1942, and of record in said Clerk's Office in Deed Book 185, at page 166, which parcel of land is situate on the South side of the Northwestern Grade, or U. S. Route #50, about three miles West of Winchester in Shawnee Magisterial District, containing 139 acres, 2 roods and 5.6 square poles. Tract 6. That certain lot of land that was conveyed to Stuart Perry, he being the same as Stuart M. Perry, by deed of William J. Lockhart and wife, dated August 19, 1949, and recorded in said Clerk's Office in Deed Book 211, at page 297 said lot being situate about two miles West of Winchester, in Shawnee Magisterial Distri t, and being identified on the plat of the Ward Avenue Lots, which is of record in said Clerk's Office in Deed Book No. 202, at page 267, as Lot No. 14, said lot having a.front age of 50 feet on the Eastern side of Ward Avenue and extending back with a uniform widt in an Easternly direction for a distance of 200 feet. Tract 7. That certain lot of land that was conveyed to Stuart) It. Perry by deed of William J. Lockhart and wife, dated October 24, 1949, and of record in said Clerk's Office in Deed Book 213, at page 60, said lot being situate about two miles West of Winchester in Shawnee Magisterial District, a short distance South of U. S. Highway #50, and being the same land designated as Lot No. 15 on the plat of the Ward Avenue Lots, which plat is of record in said Clerk's Office in Deed Book 202, at page 267, the said lot having a frontage of 50 feet on the Eastern side of Ward Avenue and. extending Eastward with a uniform width a distance of 200 feet. Tract S. That certain lot of land that was conveyed to Stuart M. Perry by deed of William J. Lockhart and wife, dated June 15, 1950, and of record in said Clerk's Office in Deed Book 215, at page 77, which said lot is situate a short dis- tance South of U. S. Highway #50, about two miles West of Winchester in Shawnee District Frederick County, Virginia, fronting 50 feet on the Eastern side of Ward Avenue and ex- tending backward in an Easternly direction with a uniform width for a distance of 200 feet, and being designated on said plat of the Ward Avenue lots as Lot No. 16. Tract 9. That certain lot of land that was conveyed to Stuart M. Perry by deed of Ellis E. Bayliss, Jr., dated November 27, 1950, and of record in sai Clerk's Office in Deed Book 217, at page 459, said lot being situate along the Western side of Ward Avenue a short distance South of U. S. Highway #50, fronting on said Avenue a distance of '50 feet, and extending back therefrom with a uniform width in a Wasternly I K_h .0 direction for a distance of 200 feet, and being identified on said plat of the Ward A Lots as Lot No. 30. Tract 10. That certain lot of land that was conveyed to Stuar M. Perry by the deed mentioned in the immediately foregoing paragraph, said lot being adjacent to the said Lot No. 30 on Ward Avenue, and fronting on the Western side of said Ward'Avenue a distance of 50 feet and extending back Westwardly with a uniform width for a distance of 200 feet, and being designated on said plat of the Ward Avenue Lots as Lot No. 29, this lot No. 29 lying North of said Lot No. 30. Tract 11. That certain lot of land .that was conveyed to St M. Perry by deed of William J. Lockhart and wife, dated November 29, 1950, and of record in said Clerk's Office in Deed Book 217, at page 458, said lot lying along the Western side of Ward Avenue a short distance South of U. S. Highway #50, and about two miles west of Winchester, in Shawnee District, fronting on said Ward Avenue a distance of 50 feet, and extending backward therefrom with a uniform width in a Westernly direction for a distance of 200 feet, and being designated on the said plat of Ward Avenue Lots as Lot No. 28. Tract 12. That certain tract of land located on both sides of the North Frederick Grade, known as U. S. Route #522, in Gainesboro District, Frederic County, Virginia, on the Western elope of Hunting Ridge, containing 17.35 acres, and being the same property that was conveyed to Stuart M. Perry by deed of the Farmers and Merchants National Bank of Winchester, Virginia, Executor, etc., at al, dated March 12, 1951, and of record in said Clerk's Office in Deed Book 218, at page 162. All of the aforementioned lots are conveyed together with all rights, appurtenances and privileges appertaining and belonging to said property, end for a further description of said lots and said parcels of land, a reference is made to all of the plats and deeds herein mentioned. The Grantors covenant that they have the right to convey said land to the Grantee; that the Grantee shall have quiet possession thereof, free from all encumbrances; that they have done no act to encumber the same and that they will execute such further assurances of title as may be requisite. .Witness the following signatures and seals: Attu#�t+t+t�r�Ht REVENUE STAMPS # $103.40 # CANCELLED # (STATE OF VIRGINIA, COUNTY OF FREDERICK, to wit: STUART M. PERRY LEONA M. PERRY I, Helen Funkhouser, a Notary Public of and for the County of Frederick in the State of Virginia, do certify that Stuart M. Perry and Ilona M. Perry, whose names are signed to the foregoing instrument, bearing date of the 16th day of Oct— ober, 1951, have this day appeared before me in my County aforesaid and acknowledged the same. My commission expires October 18, 1953. Given under my hand this 1R day of nntnha» 1951_ 11 VIRGINIA FREDERICK COUNTY, (SOT. This instrument of writing was prodlaced to me on the 19th day of October 1951 at 11:40 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. #1277 PAUL K. BARNETT, ET UX # TO DEED OF TRUST # W. E. EDWARDS, TR. # THIS DEED OF TRUST made and dated this 19th d y of October, 1951, by and between Paul K. Barnett and Helen B. Barnett, his wife71E ties of the fir part, W. E. Edwards, Trustee, party of the second part, and Raymonddwards, party o the thi d part. \apa ITNESSETH: That for and in considerati of the sum of Ofi Dollar cash in hand paid, the receipt of which is hereby acknowledged, the sal partiesfirst part do hereby grant, sell, and convey, wi h general warranty of title, e arty of the second part, all of that certain of or parcel of land, togetheall provements and appurtenances thereto belonging, lying and being si . uate abee mil Northwest of Winchester, in Stonewa/�1 District, Frederick County Virginiting a di ance of 65 feet on the Norther side of what is known as Hudso Avenue R. G. Edward Sub -division, and extendin back Northward between parallelines ace of 159.7 fee along its Western aid , and 169.9 feet along its Eastern side, ag the same land uh was conveyed t the said parties of the first part by Raymond G. Edwards at ux, by de d dated July 2 , 1951, and of record in the Clerk's Office of the Circuit Court of Frede 'ck County, Virginia, in Deed Book No. 220, page 6. IN TRUST NEVE HELES , to secure unto the party of the third part the payment in full, both principal and nterest, of a certain negotiable promissor note, bearing even date herewith, drawn by t%3,haid parties of the first part, and payab to the said party of the third part, or or rirty(30) days after date in the princi pal sum of Thirty-five Hundred Dollars ($ 00.00), nd bearing interest from date at the rate of 5% per annum. And to this end t secure the ebt evidenced by said note in its present form, or in any form it may her after assume, b \renewal or extension, in whole or in part, by change of parties, or o erwise, until said debt is finally and fully paid and discharged. \ As additio al security for the within scribed debt the parti' of the first part covenant and agre to keep the buildings on the \w thin conveyed prop- erty insured for their fair insura le value in some solvent fire insur ce company with loss payable clause, or properly ssigned policy, for the benefit of the) of the third part as his interest may a pear. Should said parties of the first part''fail to keep said buildings so insured, the said party of the third part may have said buildings so insured, and all premiums paid, or expenses incurred thereby shall constitute an Aaajtinnal lien ncminRt aairl nronRrty_ is 695 - . L. BAGEANT, ET UX TO : • STUART M. PERRY INC. THIS DEID made andtdated this 17th day of September, 1959, by an between R. L. Bageant and Gertrude Bageant, his wife, parties of the first part, an Stuart M. Perry, Incorporated, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, all that certain tract or parcel of land containing 120 acres more or less, together with all the improvements and appurtenances thereto belong , lying and being situate along the Eastern side of Virginia State Secondary Highway No. 654, also known as Woodchuck lane, a short distance West of Winchester, in Ston - wall District, Frederick County, Virginia, and being all of the remainder of that certain larger tract or parcel of land originally containing 207 acres more or less that was conveyed to the said R. L. Bageant by William Henry Gold at ux, by deed dated April 19, 1949, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 2..10, page 130. From said original tract the parties of the first part have heretofore conveyed a tract of 83.768 acre more or less to Stuart M. Perry, Incorporated, by deed dated December 2, 1955, of record in the aforesaid Clerk's Office in Deed Book No. 239, page 271; a lot con- taining 1.7 acre more or less to Ralph E. Coates at ux, by deed dated July 6, 1956, of record in said Clerk's Office in Deed Book No. 242, page 277,.which said lot, however, has recently been re -conveyed by Coates to said R. L. Bageant, by deed dated September 4th, 1959, of record in said Clerk's Office in Deed Book No. 259, page 330; a lot containing 2 acres more or less to Hugh Eddie Coates by deed dated July 25, 1956, and of record in said Clerk's Office in Deed Book No. 242, page 389, and two lots containing in the aggregate 1 acre more or less, to Charles Oscar Coat at ux, by deed dated January 29, 1957, and of record in said Clerk's Office in 'Deed Book No. 245, page 245. Deducting the aforesaid out -conveyances, but including the 1.7,acre lot re -conveyed by Coates as aforesaid, would give an approximate area of 120 acres conveyed hereby, but it is expressly stipulated that this conveyance is intended to include all of said original tract now owned by the said R. L. Bageant, A reference to all of the aforesaid records, and to the references therein contain is here made for a further and more particular.description of said land. The aforesaid grantors covenant that they have the right to con- vey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that they have done no act to encumber the said land; and that they will execute such further assurances of't said land as may be requisite. Witness the following signatures and seals. ****************** REVENUE STAMPS * ROY L. BAGEANT (SEAL $27.50 GERTRUDE BAGEANT (SEAL CANCELLED State of Virginia County of Frederick, to -wit: I, Virginia Ritter, a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that R. L. Bageant and Gertrude Bageant, his wife, whose names are signed to the foregoing writing bearing J date of September 17th, 1959, have personally appeared before me, in my county said, and acknowledged the same. Given under my hand this 30th day of September, 1959. My commission expires March 14, 1960. VIRGINIA RITTER VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 1st day of October 1959 at 2:35 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. „a -a?. , CLERK #1696 WILLIAM MARKS, ET UX TO AGREEMENT THE WINCHESTER-FREDERICK COUNTY INDUSTRIAL DEVELOPMENT CORP. *************************************** THIS AGREEMENT made and dated this 1st day o October, 1959, by and �etween William Marks and Anne W. Marks, his wife, pantie of the first part; and T%ec nchester-Frederick County Industrial Development rporation, a corporati organunder and pursuant to the laws of the Commonweal h of Virginia, party of the spart. WITNESSETH: That for and in consid ration of the sum of Five Hundred ($500. 0) Dollars, the receipt of which is h eby acknowledged by the said parties of the\ag:ree and the mutual covenants hereinafter set forth, the said parties of the o hereby give and gran unto the said party of the seco part or its assclusive right and opt on to purchase at any time between the date of thiand January 1, 1960, all of that certain tract of land, together with tnts thereon and t appurtenances thereunto belonging, (lying and being situate on%heeast side of . S. Highway No. 11, in Shawnee Magis terial District, Kernstown,Iderick Coun , Virginia, containing 45 acres, more or less, and an adjacent lot containing 2 085 square feet, more or less, being a portion of the same property conveyed t the said William Marks by deed of Henkel M. Lamp, et ux, dated July 2, 1954, of record in the Clerk's Office of Frederick County, Virginia, in Deed Book 232, ge`•,458, for and in the sum of Fifty Thousand ($50,000.00) Dollars, provided howe er thA,,the said party of the second part shall notify, in writing, the said pa.rti s of the first part of its intention to take, accept and purchase the aforesai property at the aforementioned purchase price, on or before January 1, 1960. In the even the aforesaid option is exercised by the said party of the second part, it is ex p essly understood that theties of the first part shall retain possession of a dwelling house, pony shed, bid} house, located on the said property and the ck pasture, bounded on the east by die right-of-way of the B. & 0. Railroad; on south by a brook and on the north by` alfalfa field, until July 1, 1960. The said parties of the first part agree, howeve not to re- tain possession until J y 1, 1960, if they find a dwelling and tract of and whict f meets their requirements. In the event the said option is exercised as hereinbefore - oJ wO/j G(1 #1693 # R. L. BAGEANT, ET UX # TO DEED STUART M. PERRY, INC. # #tttt;t+t Ott#tr+Hr��+t+�rn�++r+r�trtt-a�tHr## THIS DEED made and dated this 2nd day of December, 1955, by and between R. L. Bageant and Gertrude S. Bageant, his wife, parties of the first part, and Stuart M. Perry, Incorporated, a Virginia Corporation, party of the sec part. WITNESSETH: That for and in consideration of the sum of To Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, a certain tract or parcel of land containing 83.768 acres, lyin and being situate along the Southeastern side of Virginia State Secondary Highway No. 654, commonly known as Woodchuck Lane, about four miles Southwest of Winchester in Shawnee District, Frederick County, Virginia, and.being a portion of that certai' larger tract or parcel of land that was conveyed to the said R. L. Bageant by William H. Gold et ux, by deed dated April 19, 1949, of record in the Clerk's Off is of the Circuit Court of Frederick County, Virginia, in Deed Book No. 210, page 130. A plat and survey of the within conveyed land made by Walker McC. Bond, Civil Engineer, is attached to, and by this reference incorporated in, this deed. The aforesaid grantors covenant that they have the right to convey said land to the aforesaid grantee; that said grantee shall have quiet possession of said land, free from all encumbrances; that they have done no act to encumber said land; and that they will execute such further assurances of said land as may be requisite. Witness the following signatures and seals.. tr+r+�t�rrtru-nt�tr��ttrtHt REVENUE STAMPS $11.00 CANCELLED # State of Virginia County of Frederick, to -wit: R. L. BAGEANT GERTRUDE S. BAGEANT I, Virginia Ritter, a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that R. L. Bageant and Gertrude S. Bageant, his wife, whose names are signed to the foregoing writing bearing date of December 2nd, 1955, have personally appeared before me in my coun aforesaid, and acknowledged the same. Given under my hand this 2nd day of December, 1955. My commission expires March 17, 1956. RITTER �' 4...Jol..6.. � �lsu_ YlLvi,l� a�9/2 -71 `02'0 Roy L. Bageant is conveying to Stewart M. Perry, Inc.. a portion of his farm on Woodchuck Lane, four miles south west of Winchester in Shawnee District, Frederick County, State of Virginia, the parcel is more particula described by a survey viz: (using the bearings of the existing survey. } Beginning at a post the south eastern corner of the entire tract running N 421 W 2II rods to a set stone in eastern property line of Woodchuck Lane, highway number 654, thence with the eastern highway bounds of the above mentioned highway S33i W 72.72 rods to a concrete marker; thence by a dividing line through the Bageant Land S 451 E 198 rods to a concrete marker in the south eastern boundary line of the entire tract: thence with the last mentioned line N 431 E 60.3 rods to the beginning. Containing 83.768 Acres. Surveyed Nov. 30, 1955 By WALKER McC. BOND C. E. VIRGINIA FREDERICK COUNTY, (SOT. !� This instrument of writing was produced to me on the 20th day of December 1955 at 10:25 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. i �� O7Qu i 4y L L ,CLERK ' RIn ed On BO By GREENWAY ENGINEERING INC 9 BK933PG 14 12 \ \� THIS DEED, made and dated this 13th of April, 1999, by and between I t x BM - wiUc 8S=, a banking institution organized under the laws of the Commonwealth of Virginia, party of the first part, hereinafter called the Grantor; and ITDART N. PERRg. INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with Q Special warranty of title, unto the Grantee, in fee simple, all of those certain lots or parcels of land, together with c the improvements thereon and appurtenances thereto belonging, lying and being situate in Back Creek Magisterial District, g Frederick County, Virginia, and more particularly described on the attached Schedule A. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject W 1 property. WITNESS the following signature and seal: F & M BANK - WINCHESTER By _ i 9� i """-ce(SEAL) BETTY H."CARROLL, PRESIDENT and CEO STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on / '�1i'fi t FrOod Oh'*6 ByGREENWAYENGINEERING INC BK933PG 1413 the 13th day of April, 1999, by Betty H. Carroll, who is President and CEO of F fi M Bank - Winchester, and whose name is signed to the foregoing Deed dated the 13th day of April, 1999. My commission expires i AV1 140--TARYJ PUBLIC Oeede\FM to ituert Ferry % 31 //'// %Alnied 6h 010 By GREENWAY ENGINEERING INC 0 14%0"1414 All those certain tracts or parcels of land, together with the improvements thereon and all rights, rights of way and appurtenances thercunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, being more particularly described as follows: (A) That certain lot or parcel of land containing 12,389 square feet, situate on Southern side of Virginia Route 803, and being more particularly described as Tract Ion that certain plat and survey drawn by L. Allen Ebert, L.S., dated I j2�q October 15,1990, a copy of which is recorded in the Clerk's Office of the 0 Circuit Court of Frederick County, Virginia, in Deed Book 850, at Page 1232, et seq. _ s 3 - rA- -`?JB (B) That certain lot or parcel of land con ' : 60 , situate on the Western side (Limited Access Line) of Virginia _ 37 and at the end of Virginia Route F-842, and being more particularly described as Tra t 2 on that certain plat and survey drawn by L. Allen Ebert, L.S., dated October 15,1990, a copy of which is recorded in the aforesaid Clerk's Office in Deed Book 850, at Page 1232, et seq. 5 2_ P, - 313 (C) All that certain lot or parcel of land, together with the improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 19.5100 acres, fronting on the Northwestern side of Virginia Route 621(Mesrinm's Lane), and being more particularly described on that certain plat of S. W. Marsh, L.S., dated March 19, 1997, of record in the aforesaid Clerk's Office in Deed Book 977, at Page 1706, et seq., said plat being incorporated herein by reference as if set out in frill. The foregoing tracts or parcels of land are a portion of the lands acquired by F & M Bank - Winchester by that certain Deed in Lieu of Foreclosure and Deeds of Release dated August 5, 1998, of record in the aforesaid Clerk's Office in Deed Book 913, at Page 207. Reference is hereby made to the aforesaid instrument for a more particular description of the property. vwG 4kFFEDU4CKCntrfir%4= ThtInstfumGnt Of f Wift we$ produced me o ih� and with certifkets of acknowledgment Iherst0 arxiexed was ad- ed 10 n00rd. T. Imp.-d by tre0. 18.1402 al 31600 , and aa.1•e01 baw been paid, If aseeuable. 4Z4.t. '- ' Clerk 06000984:9 0 M ichad L. Bryan Court Square 2"d Floor Vinchester, VA THIS DEED OF GIFT, made and dated this 16��ay of May, 2006, by.and between R AND T PACKING CORPORATION, a Virginia Corporation, hereinaftcx called the "Grantor"; and STUART M. PERRY, INCORPORAT D, a Virginia Corporation, hereinafter called the "Grantee". The Grantor desires to convey the described property to the Grantee. :There is no consideration for this conveyance, and this conveyance is exempt from the recdrding tax in accordance with Virginia Code Section 58.1-811. WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00), and other consideration deemed adequate at law, receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, the following property: All of that certain lot or parcel of land, together with all improvements thereon and appurtenances thereto belonging, lying and being situate north of Merriman Lane (Virginia Secondary Route 621) in Back Creek Magisterial District, Frederick County, Virginia, being the aggregate of that certain parcel of land containing 48.6730 acres, more or less, located on the west side of Lacosta Court, and that certain lot or parcel of land containing 9,1026 acres, more or less, located on the east side of Lacosta Court, designated as Lot 82 Rural Preservation Lot on that certain plat titled "Final Plat of Subdivision Section Seven Roscommon" dated April 10, 2006, drawn by P. Duane Brown, L.S., whichlplat is attached to and made a material part of that certain Deed of Dedication dated April 25, 2006, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 060007935 (collectively, the "Properf '); and being a portion of the lands acquired by the Grantor by that certain Deed dated December 14,1983, of record in the aforesaid Clerk's Office in Deed Book 570, at Page 489, and by Teed of Correction dated June 6,1988, of record iti the aforesaid Clerk's Office in Deed Book 683, at Page 740. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. Tax Map No. 52-A-313A (Parent Tract) This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property, and in particular is made subject to the restrictions, covenants, and conditions set forth on Exhibit "A" attached hereto and made a material part hereof as if set out in full; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantee joins herein to evidence its consent to the restrictions, covenants and conditions more fully set forth on Exhibit "A" attached hereto and incorporated herein by reference as if set out in full. This instrument is a Deed of Gift and is not to secure a debt or to indemnify a surety. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said propelTy, free frum atl liens and r-I L_-..A ichael L Bryan Court Square 2" Floor Vinchester,'VA 0 0 encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: R and T PACKING CORPORATION, a Virgini Co tion B (SEAL) J Kelly inson, President STUART M. RY, INCO RATED By f� EAL) Dennis W. Perry, Presi ent STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the /t o -day of May, 2006, by J. Kelly Robinson, who is President of R and T Packing Corporation, a Virginia Corporation, whose name is signed to the foregoing Deed dated the IGaay of May, 2006. My Commission expires -11 1 i NOTAR PUBLIC - STATE OF VIRGINIA, AT LARGE, ' ' :* -CITY- OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the 1642- day of May, 2006, by Dennis W. Perry as President of Stuart M. Perry, Incorporated, whose name are signed to the foregoing Deed dated the 10— day of May, 2006. My Commission expires -1 THIS INSTRUMENT PREPARED BY: MICHAEL L. BRYAN, ESQUIRE 9 Court Square, 2nd Floor Winchester, Virginia 22601 540/545-4130 NOTARY PUBLIC Qli CT 060006312 THIS DEED OF BOUNDARY LINE ADJUSTMENT AND EXCHANGE made and dated this Th day of March, 2006, by and between STUART M. PERRY. INCORPORATED, a Virginia Corporation, hereinafter "Perry' ; and R AND T PAQMG CORPORATION. a Virginia Corporation, hereinafter "R&T". RECITES: A. Perry is vested with title to that certain tract of land containing 235.101 acres, more or less, situate along the western side of Virginia State Route 37, in Back Creek Magisterial District, Frederick County, Virginia; and being a portion of lands acquired by Stuart M. Perry, Inc, by that certain Deed dated April 13, 1999, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 990004178 (Deed Book 933, Page 1412), Tax Map o. 53-A-88 (th "Perry Tract"). B. R&T is vested with fee simple title to that certain tract of land containing 117.6726 acres, more or less, situate northwest of Merriman Lane in Back Creek Magisterial District, Frederick County, Virginia; and being a portion of the lands acquired by R and T Packing Corporation by Deed dated December 14, 1983, of record in the aforesaid Clerk's Office in Deed Book 570, at Page 489, and by Deed of Correction dated June 6,1988, of record in the aforesaid Clerk's Office as Instrument No. $800D4264 (Deed Book 683, Page 740), by Deed of Exchange dated March 7, 2006, of record in the aforesaid Clerk's Office as Instrument No. 060005967 , and by Consolidation of Lots dated March 7, 2006, of record in the aforesaid Clerk's Office as Instrument No.0C-* OP 0 (p al-Q, Tax Map No. 52-A-313A (the "R&T Trace'). The R&T Tract is more particularly described by that certain plat titled "Plat of Consolidation Of The Lands Of R and T Packing Corporation" dated March 6, 2006, drawn by Douglas C. Legge, L.S., which plat is attached to and made a part of the aforesaid Consolidation of Lots dated March 7, 2006, of record in the aforesaid Clerk's Office as Instrument No. D (o —0 ° 0 to 02 9 a- C. The parties have agreed to adjust the common boundary line between a Michael L. Bryan portion of the Perry Tract and the R&T Tract so as to create that certain tract or parcel of land 9 Coart Sgaare 2"' Floor Winchester, VA owned by Perry containing 239.923 acres, more or less, and that certain tract or parcel of land ---------------------- owned by R&T containing 112,8504 acres, more or less, in accordance with that certain plat CD cr► titled "Boundary Line Adjustment Between The Lands Of Stuart M. Perry, Inc. & R and T Packing Corporation" dated March 6, 2006, drawn by Douglas C. Legge, L.S. (the "BLA Plat"), as more fully set forth hereinafter. D. This Boundary Line Adjustment is made in consideration of a contemporaneous conveyance by Deed of Exchange dated March 7, 2006, of record in the aforesaid Clerk's Office as Instrument No. 060005967 , whereby Perry conveyed Lot 19, Roscommon, Section Three unto R&T. E. The correct corporate name among the records of the State Corporation Commission is Stuart M. Perry, Incorporated. Perry has been previously referred to in prior instruments as Stuart M. Petry, Inc. NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises conveyed, and other good and valuable considered deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows: 1. The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. R&T hereby grants and conveys, with general warranty of title, unto Perry, in fee simple, that certain lot or parcel of land, containing 4.8222 acres, more or less (the `BLA Parcel"), as more particularly described attached BLA Plat. 3. R&T hereby adjusts and confirms the boundary lines of the R&T Tract, containing 112.8504 acres, more or less, as more particularly set forth on the attached BLA Plat. 4. Perry hereby adjusts and confirms the boundary lines of the Perry Tract, containing 239.923 acres, more or less, as more particularly set forth on the attached BLA Plat. 5. The County consents to this boundary line adjustment as evidenced by its execution of the attached BLA Plat. Michael L. Bryan 6. The conveyance and adjustment of the boundary lines of the R&T Tract and 9 Court Square 21, FNor Wlachater, VA the Perry Tract is made subject to all easements, rights of way and restrictions of record affecting the subject properties; provided, however, that the foregoing shall not be deemed in CD cn co any way to reinstitute or republish any restrictions of record that may have expired or lapsed. WTTNESS these signatures and seals: STUART ERRY, 7ORPORATED a Virgin o ratio ; By /er / (SEAL) Dennis W. Perry, President R AND T PACKING CORPORATION a Virginia orporation By A40(SEAL) ` . Ce y inson, President STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the "'day of March, 2006, by Dennis W. Perry as President of Stuart M. Perry, Incorporated, whose name is signed to the foregoing Deed dated the r day of March, 006. My. Commission expires " 1 & NOTARYV PUBLIC STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the ;L? day of March, 2006, by J. Kelly Robinson as President of R and T Packing Corporation, whose name is signed to the foregoing Deed dated the 7'h day of March, 2006. My Commission expires 3� NOTAY PUBLIC THIS INSTRUMENT PREPARED BY: Michael L. Bryan Michael L. Bryan, Esquire 9 Court square 9 Court Square, 2' Floor z"moor Winchester, Virginia 22601 Winchester, VA $ 115401545-4130 MI.B/pnn c:lDevftV" - R&T BI.A 3.22-06 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 278200001 FRQ:F Sup#: Name: IPERRY, STUART M INC Account#: 113734 Name 2: Map#: 152 A 256 Address: 1 Description: 1425.90 ACRES 117 LIMESTONE LN WINCHESTER, VA 122602 Bill Date: 06/05/2006 Due Date: 06/0512006 Land: 1 $2,067,600 Original Bill:[ $10,498.59 Improve: Payments: j $1,738,700 $10,498.59- Use: Acres: $911,060 ��—� 425.90 Penalty Paid:— Int Paid: Discount: Amount Owed: Other: U Last Date: :06/05/2006 Total Owed:----- Penalty:— T Interest: ---- Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. ylw, ''Fr2lnsactlotl =• i'xtl"6ount Ba4l. c,, 6/5/2006 Charge 0 $10,498.59 $10,498.59 6/5/2006 Payment 8762 ($10,498.59) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous File://C:\DOCUME-1\jlcelly\LOCALS-1\Temp\TRVAK2QT.htm 10/17/2006 Pa,C I of 1 E i Real Estate Public Inquiry Ticket. Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 278210001 FRQ:F Sup#: Name: PERRY, STUART M INC Account#: Fi798 Name 2: Map#: 52 A 313 Address: Description: 19.51 ACRES 117 LIMESTONE LN WINCHESTER, VA Bill Date: 106105/2006 22602 Due Date: 06/05/2006 Land $195,100 Improve: $11,500 Use: $29,265 Original Bill: $107.01 Payments: $107.01- Acres: 19.51 Penalty Paid:— Int Paid: Discount: �— Amount Owed:- Other:—+—_ Last Date: 06/05/2006 Total Owed: Penalty:—_'— Interest:—� Note that if payment has been received . ..... .... ..... ... within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Dale ;.ni(l.111t n?iiIa ce 6/5/2006 Charge 0 $107.01 $107.01 6/5/2006 Payment 8762 ($107.01) $0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:/hv\\,-�v.co.frederick.va.us/applications/P�Pubtictnquiry/ViewDetail.aspx 10/17/2006 VllAV I �".'„ Pa'C I k)f I Real Estate Public Inquiry Ticket .detail 2006 REAL ESTATE TAXES Department# : FRE2006 Ticket #: 288770001 FRQ:[l Sup#: Name: IR & T PACKING CORPORATON Account#: 27827 Name 2: i '—_ _ Map# : 152 A 313A Address: C/O FIRST BANK TRUST DIVISION Description: 112.35 ACRES 1835 VALLEY AVE 22601 �— WINCHESTER, VA S Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $778,700 Improve: Use: $26,424 F Original Bill: $69.37 Payments: $69.37- Acres: 112.35 Penalty Paid: Int Paid: Discount: Amount Owed:1 Other: F Last Date: 05/24/2006 Total Owed: I Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. 0 Date 6/5/2006 Charge 0 $69.37 $69.37 512 12006 Payment 11703 ($69.37) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search I Previous https://,,vNN>`v.co.frederick.va.us/applications/REPubI1clnquiry/VlewDetal1.aspx 10/17/2006 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : JjRE2006 Ticket #: i 278230001 FRQ:F Sup#: Name: PERRY, STUART M INC Account#: 114323 Name 2: 53 A 88 Address: Description: 11235.10 ACRES 1117 LIMESTONE LN WINCHESTER, VA 22602 . Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $1,400,500 Improve: $2,120,700 Use: $352,650 Original Bill: $6,492.55 Payments: $6,492.55- Acres: I 235.10 Penalty Paidd Int Paid: I Discount: Amount Owed:1—�— Other:--'� Last Date: 06/05/2006 Total Owed: �-- Penalty:-_--~ Interest: I- Note that il'payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the vvebsite again. ,`';.i#iti Ct fii tla In 1is 6/'5/2006 Charge 0 $6,492.55 $6,492.55 6/5/2006 Payment 8762 ($6,492.55) $0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search I Previous https://%Nrw,\v.co.frederick.va.Lis/applications/REPubIicInquir3,/V leNvDetaI1.aspx 10/17/2006 0 9 Taxes Paid Statements Property Deed Information COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: December 15, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008. Mr. Perry had a deposit for one sign for a Rezoning 15-06. He has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA�/pd Stuart Perry Inc. 117 Limestone Lane Winchester, VA 22602 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • , s DAT I' RECEIVED':] 4.0 !x' 1,� =•� 'A DDRESS 1'sW E � a ® ❑ FOR REN1. l Vi , ❑FORt%�Gt 1 l eriy� 1 • AMT. OF ACCOUNT CASH AMT. PAID CHECK BALANCE MONEY -- DUE ._ . ..-._..... _.. ORDER ., IRemittance advice. Detach before depositing check. Paypen�Q&t 7 9 $81858.00 966-15 1 1i a T A X R E C E I P T FREDERICK COUNTY �5 C. WILLIAM ORNDOFF, JR P.O. BOX 225 / WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING & DEVELOPMENT 10/20/06 C7 Ticket #:00005550001 Date : 10/20/2006 Register: LJT/LJ Trans. #. 109563 Dept # t# Previous Balance $ 150.00 Principal Being Paid $ 150.00 Penalty $ .00 Interest $ .00 Amount Paid $ 150.00 *Balance Due $ .00 Pd by PLANNING & DEVELOPMENT 10/20/06 Check 943300 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 16/2006 0 et et\ GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMIT T AL Project Name: Rock Harbor Golf Course Rezoning Application and Conditional Use Permit Application File No: 4745 Date October 19, 2006 To: FC Planning From: Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Mark, Please find attached the Rock Harbor Golf Course Rezoning Application and Conditional Use Permit Application information that is being submitted for inclusion on the November 15, 2006 Planning Commission Agenda. We have included a master copy of all required information for each application, as well as two booklets and 44 sets of each color exhibit for this filing. Please contact me if you need any additional information pertaining to this project. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Please Print Name: Rezoning Application Rezoning Application Fee Special Limited Power of Attorney Form & Adjoining Property Owner Information R t. 'O( :er-a �-t1 EJ 4i) 34 DERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 15, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning of Rock Harbor Golf Course Dear Evan: I have had the opportunity to review the draft rezoning application for the Rock Harbor Golf Course. This application seeks to rezone a 58.08 acre portion of a 425.90 acre parcel, tax parcel number 52-A-256, owned by Stuart M. Perry, Inc. from EM (Extractive Manufacturing) District to RA (Rural Areas) District. Staff s review comments are listed below for your consideration. 1. General. It is not necessary to label this application a down zoning. This is a rezoning of the 58.08 acre parcel from EM (Extractive Manufacturing) District to RA (Rural Areas) District. Alter the wording in the application to reflect this change. 2. Land Use. The Eastern Frederick County Long Range Land Use Plan designates the site for industrial use. It would be acceptable for the periphery of the site to function as a golf course to buffer the surrounding land from the quarry operations. However, it would not be acceptable to rezone the property planned for industrial use for housing. Consider language in the proffer statement prohibiting residential uses. 3. Transportation Enhancements. The proffer to dedicate a 1.49 acre portion of tax parcel 53-A-88 to the Virginia Department of Transportation (VDOT) for the Route 37 southbound off -ramp needs to be verified by VDOT. Ensure that the land dedicated is adequate to address this improvement. Access to this site is currently serviced by a single commercial entrance along Merrimam's Lane (Route 621). Consider proffering this entrance as the only access to this site, and prohibit public entrances on Round Hill Road (Route 803) and Woodchuck Lane (Route 654). 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 J Page 2 Mr. Evan Wyatt RE: Proposed Rezoning of Rock Harbor August 15, 2006 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Theses comments only address the rezoning application. Comments concerning the Conditional Use Permit will be provided at a later date. Please feel free to contact me with questions regarding this application. Sincerely, Maflc R. Cheran _ Zoning Administrator Iu�i 1 1,91MI 1l r( C v f l RICK Department Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 29, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning of Rock Harbor Golf Course Dear Evan: Attached you will find a copy of the comments from the County Attorney's office concerning the proposed proffer statement for the rezoning of the Rock Harbor Golf Course. Please feel free to contact me with any questions. Sincerely, Mails R. Ch an Zoning Administrator MRC/bad Attaclunent 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 HALL, MONAHAN, ENGLE, MAHAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW & MITCHELL WILBUR C. HALL (1892-1972) 7 a 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET THOMAS V. MONAHAN 0924-1999) SAMUEL D. ENGLE LEESBURG. VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAX 540-662-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan. com STEVEN F. JACKSON August 18, 2006 DENNIS J. MCLOUGHLIN, JR. HAND -DELIVERED Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Rock Harbor Golf Course (Stuart M. Perry, Inc.) Proffer Statement Dear Susan: AUG 1 8 ?006 PLEASE REPLY TO. P. 0. Box 846 WINCHESTER, VIRGINIA 22604-0846 I have reviewed the above -referenced Proffer Statement. It is my opinion that the Proffer Statement is generally in a form to meet 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 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 be clarified. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy August 18, 2006 Page 2 2. Proffer B provides for the dedication of property which is not a part of the property subject 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. If there are any questions concerning the foregoing comments, please contact me. Very truly yours, �\ r Robert T. Mitchell, Jr. t..�— RTM/ks COUNTY of FREDERICK Department of Planning and Development 540/665-5651 .....,_NA FAX:540/665-6395 �j MEMORANDUM TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner Some - RE: Rezoning Application Proffer Statement DATE: July 7, 2006 Please find attached to this memorandum the proffer statements for the Rock Harbor Golf Course rezoning application that has recently been submitted to the Department of Planning & Development. Please note that the proffer statement includes a proffer for a parcel not being rezoned, but in the same ownership. The rezoning application appears to be relatively close to being complete. Therefore, it is appropriate at this time for your office to provide a formal comment on the form and content of the proffer statement. Thank you for your continued assistance. cc: John R. Riley, Jr., County Administrator Attachment SKE/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 29, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 15-06 AND CONDITIONAL USE PERMIT APPLICATION #10-06 FOR ROCK HARBOR GOLF COURSE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 13, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following applications: Rezoning 415-06 of Rock Harbor Golf Course, submitted by Greenway Engineering, to rezone 58.08 acres fi•om 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 910-06 of Rock Harbor Golf Course, submitted by Greenway Engineering, 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. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.fi•ederick.va.us. Sincerely, ark R. Cheran Zoning Administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1_ J This is to certify that the attached correspondence was mailed to the following on / '/. 14� _ from the Department of Planning and Development, Frederick County, Virginia: 52 - A- - 259- 52 - A- - 256- PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 �$P� 52 - A- - 310- GLAIZE, FRED L III & ANN W 22602.2272 ^� 4V Iv KELCHNER, DAVID S & LORETTA L 561 WOODCHUCK LN WINCHESTER, VA 22602.2265 52 -17.2- 13- ALEXANDER, MICHAEL SCOTT 600 WOODCHUCK LN WINCHESTER, VA 22602.2257 52 -17. 2. 12. BENNETT, PATSY ANN 492 WOODCHUCK LN WINCHESTER, VA. 22602.2255 PO BOX 888 WINCHESTER, VA 22604 52 -17- 2- 11- CARRANZA, JOSE A 52 -20.3- 18- CARRANZA, MARIA DEL CARMEN PERRY, DENNIS W 474 WOODCHUCK LN 435 WOODCHUCK LN WINCHESTER, VA 22602 WINCHESTER, VA 22602-2264 52 - A- - 305- CLOVERDALE FARMS, INC. 263 FOX MEADOW LN WINCHESTER, VA 22602.2339 52 - A- - 260- 622 W ODCHUSTEPHN L ETALS 622 WOODCHUCK LN WINCHESTER, VA 22602.2257 ark R. Cheran, Zoning &Subdivision Administrator •ederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, ,• ,tom a Notary Public in and for the State and County aforesaid, do Hereby certify that -k R. Cheran, Zoning & Subdivision Administrator for the Departn ent o Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State afid CYunty aforesaid. Given under my hand this day of �� o aD My commission expires on b ate• NOTARY OBLIC C) V �� 52 -17- 2- 10- LASHBAUGH, GEORGE R JR & LIl*J 454 WOODCHUCK LN WINCHESTER, VA 22602.2255 52 -17.2- 9- SARGENT, LOIS MARIE 430 WOODCHUCK LN WINCHESTER, VA. 22602.2255 52 -17-2- 8- LOY, ROBERT L JR & MICHELLE D 404 WOODCHUCK LN WINCHESTER, VA 22602.2255 52 -17.2- 7- MILLER, GREGORY G. & MARSHA R. 388 WOODCHUCK LN WINCHESTER, VA. 22602.2254 52 -17- 2- 6-13 CROCKER, CAROL A 374 WOODCHUCK LN WINCHESTER, VA 22602.2254 52 -17- 2- 6-A LINK, WILLARD Z JR & ROBIN L 364 WOODCHUCK LN WINCHESTER, VA. 22602.2254 52 -17- 2- 5-13 SINGHAS, MILLARD N. 352 WOODCHUCK LN WINCHESTER, VA 22602.2254 52 -17- 2. 5-A CATHER, TYREE SCOTT CATHER, LOUISE S 235 CATHER LN WINCHESTER,VA 22602 52 -16. 1. 4- NEWLIN, RICHARD A. 328 WOODCHUCK LN WINCHESTER, VA 22602-2254 52 -16. 1. 3- RILEY, ANTHONY P 314 WOODCHUCK LN WINCHESTER, VA 22602-2254 52 -16. 1- 2- WELSH, STEVIE L. & CATHERINE V. 304 WOODCHUCK LN WINCHESTER, VA. 22602.2254 52 -16- 1- 1- WELSH, FRED R 290 WOODCHUCK LN WINCHESTER, VA 22602.2253 52 262-A MCF NO'S MILL INC 587 ROUND HILL RD WINCHESTER, VA 22602.2233 52 - A- - 267- MCFARLAND, MADGE B & ROBERT M TRUSTEES 587 ROUND HILL RD WINCHESTER, VA. 22602.2233 52 - A- - 264- AMICK, ROBERT EUGENE JR 551 ROUND HILL RD WINCHESTER, VA 22602.2232 52 - A- - 213- WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602-3234 52 - A- - 215- PENNINGTON, DENNIS K 492 ROUND HILL RD WINCHESTER, VA 22602-2209 52 - A- - 228- NELSON, MARY C. & RICHARD C. 488 ROUND HILL RD WINCHESTER, VA. 22602.2209 52 -A- - 231- KERNS, EDWARD L 484 ROUND HILL RD WINCHESTER, VA 22602.2209 52 - A- - 232. EDMISTON, JOSEPH W & LAURA L 1295 HOLLOW RD GORE, VA 22637.2218 52 - A- - 233- ROE, GENEVIEVE 464 ROUND HILL RD WINCHESTER, VA 22602.2209 52 - A- - 234- LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602.4509 52 - A- - 248- RHINEHARDT, BURLEY SCOTT & DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602.2209 7 r �► a This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 53 - A- 86- 52 - A• - 246- O'DONNELL, TRUDY POE HENRY, BARBARA ELAINE ETALS 422 ROUND HILL RD 200 WARD AVE WINCHESTER, VA 22602.2209 WINCHESTER, VA 22692.2249 52 - A• - 245- 53 - A- - 86-A FISHEL, DONALD E LITTMAN PROPERTIES, LLC CIO C ARTHUR LITTMAN, MEMBER 117 MUSE DR 165 WARD AVE WINCHESTER, VA 22603.5749 WINCHESTER, VA 22602.2250 52 - A• - 244- 53C - 2• - 16-B KATTAS, RONALD L GLAIZE, GEORGE W JR & CAROLYN G G & POWER, BRANDON J 104 DUTTON PL 13365 HORSEPEN WOODS LN WINCHESTER, VA 22601 OAK HILL, VA 20171.3851 53G • 1. 2. 20-A 52 - A• • 243- MERRIMANS CHASE HOMEOWNERS ASSOC STEVENS, JOHN V & PAMELA M P INC 324 ROUND HILL RD P 0 BOX 3276 WINCHESTER, VA 22692.2298 WINCHESTER, VA 22604 52 • A- . 71-B BISHOP, GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER, VA 22602.2276 52 - A- - 71-A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON, VA 24402.2249 dark R. Cheran, Zoning & Subdivision Administrator .,rederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator 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 aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 53 - A- - 92-A MILLER & SMITH AT WILLOW N, LLC 8401 GREENSBORO DR STE 300 MCLEAN, VA 22102 53 - 3- - A - WILLOW GROVE, LC 720 S BRADDOCK ST WINCHESTER,VA 22601 9 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 November 3, 2006 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #15-06 AND CONDITIONAL USE PERMIT APPLICATION # 10-06 FOR ROCK HARBOR GOLF COURSE On behalf of the Frederick County Planning CO111I11ISSlOn, YOU are hereby notified Of a pUbllc hearing being held on Wednesday, November 15, 2006, at 7:00 p.m. in the Board Room Of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following applications: 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. 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 910-06 of Rock Harbor Golf Course, submitted by Greenway Engineering, for commercial outdoor recreation with accessory clubhouse and food service for the general public. Tile 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 Merrinlan'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 Roscon1r11on 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. . Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. YOU can also visit uS On the web at: www.co.fi•ederick.va.uS. Sincerely, �Mz ark Zoning Administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on J/ /" � from the Department of Planning and Development, Frederick County, Virginia: 52 - A- - 256- 52 - A- - 259- PERRY, STUART M INC KELCHNER, DAVID S & LORETTA L 117 LIMESTONE LN WINCHESTER, VA 22602-2272 561 WOODCHUCK LN WINCHESTER, VA 22602.2265 6 ('t)0�-N Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 52 - A- - 310- GLAIZE, FRED L III & ANN W PO BOX 888 WINCHESTER, VA 22604 52 -17- 2. 13- ALEXANDER, MICHAEL SCOTT 600 WOODCHUCK LN WINCHESTER, VA 22602.2257 52 -17. 2. 12- BENNETT, PATSY ANN 492 WOODCHUCK LN WINCHESTER, VA. 22602-2255 52 -20. 3. 18- 52 -17- 2. 11- PERRY, DENNIS W CARRANZA, JOSE A 435 WOODCHUCK LN CARRANZA, MARIA DEL CARMEN WINCHESTER, VA 22602.2264 474 WOODCHUCK LN 52 - A- - 305- WINCHESTER, VA 22602 CLOVERDALE FARMS, INC. 263 FOX MEADOW LN WINCHESTER, VA 22602-2339 52 - A- - 260- CLARK, STEPHEN L ETALS 622 WOODCHUCK LN /G WINCHESTER, VA 22602-2257 lark R. Cheran, Zoning & Subdivision Administrator rederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do 1 reby certify that Ma R. Cheran, Zoning & Subdivision Administrator for the Departmept of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my Staq and County aforesaid. Given under my hand this 3hd day of My commission expires on NOTARY(P)kJBLIC 0 Uri 52 -17.2• 10- LASHBAUGH, GEORGE R JR & L& J 454 WOODCHUCK LN WINCHESTER, VA 22602.2255 52 -17.2- 9- SARGENT, LOIS MARIE 430 WOODCHUCK LN WINCHESTER, VA. 22602.2255 52 -17- 2- 8- LOY, ROBERT L JR & MICHELLE D 404 WOODCHUCK LN WINCHESTER, VA 22602.2255 52 -17. 2. 7- MILLER, GREGORY G. & MARSHA R. 388 WOODCHUCK LN WINCHESTER, VA. 22602.2254 52 -17. 2- 6-13 CROCKER, CAROL A 374 WOODCHUCK LN WINCHESTER, VA 22602.2254 52 -17- 2- 6-A LINK, WILLARD Z JR & ROBIN L 364 WOODCHUCK LN WINCHESTER, VA. 22602.2254 52 -17. 2- 5-B SINGHAS, MILLARD N. 352 WOODCHUCK LN WINCHESTER, VA 22602.2254 52 -17. 2- 5-A CATHER, TYREE SCOTT CATHER, LOUISE S 235 CATHER LN WINCHESTER, VA 22602 52 •16. 1- 4- NEWLIN, RICHARD A. 328 WOODCHUCK LN WINCHESTER, VA 22602.2254 52 -16- 1- 3- RILEY, ANTHONY P 314 WOODCHUCK LN WINCHESTER, VA 22602.2254 52 -16. 1• 2. WELSH, STEVIE L. & CATHERINE V. 304 WOODCHUCK LN WINCHESTER, VA. 22602.2254 52 -16. 1- 1- WELSH, FRED R 290 WOODCHUCK LN WINCHESTER, VA 22602-2253 520 - 262-A MCFARLAND'S MILL INC 587 ROUND HILL RD WINCHESTER, VA 22602.2233 52 • A• - 267- MCFARLAND, MADGE B & ROBERT M TRUSTEES 587 ROUND HILL RD WINCHESTER, VA. 22602.2233 52 . A- - 264- AMICK, ROBERT EUGENE JR 551 ROUND HILL RD WINCHESTER, VA 22602.2232 52 - A- - 213- WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602.3234 52 - A- • 215- PENNINGTON, DENNIS K 492 ROUND HILL RD WINCHESTER, VA 22602.2209 52 - A- - 228- NELSON, MARY C. & RICHARD C. 488 ROUND HILL RD WINCHESTER, VA. 22602.2209 52 -A- - 231- KERNS, EDWARD L 484 ROUND HILL RD WINCHESTER, VA 22602.2209 52 - A- - 232- EDMISTON, JOSEPH W & LAURA L 1295 HOLLOW RD GORE, VA 22637.2218 52 - A. - 233. ROE, GENEVIEVE 464 ROUND HILL RD WINCHESTER, VA 22602.2209 52 - A. - 234- LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602.4509 52 - A- - 248• RHINEHARDT, BURLEY SCOTT & DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602.2209 0 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 53 • A- 86- 52 - A- - 246- O'DONNELL, TRUDY POE HENRY, BARBARA ELAINE ETALS 422 ROUND HILL RD 200 WARD AVE WINCHESTER, VA 22602.2209 WINCHESTER, VA 22602.2249 52 - A- - 245- FISHEL, DONALD E 117 MUSE DR WINCHESTER, VA 22603.5749 52 - A- - 244- KATTAS, , RONALD L & POWER,, 9RANDON J 13365 HORS 'EPEN WOODS LN OAK HILL, VA 20171.3851 52 - A- - 243- STEVENS, JOHN V & PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22602.2208 52 -A- - 71-B BISHOP, GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER, VA 22602.2276 52 - A- - 71-A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON, VA 24402.2249 STATE OF V1K(i11NIA COUNTY OF FREDERICK 53 - A. - 86-A LITTMAN PROPERTIES, LLC CIO C ARTHUR LITTMAN, MEMBER 165 WARD AVE WINCHESTER, VA 22602.2250 53C - 2- - 16-B GLAIZE, GEORGE W JR & CAROLYN G G 104 DUTTON PL WINCHESTER, VA 22601 53G - 1. 2. 20-A MERRIMANS CHASE HOMEOWNERS ASSOC INC P 0 BOX 3276 WINCHESTER, VA 22604 lark R. Cheran, Zoning & Subdivision Administrator rederick County Planning Department 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator 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 aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 0 U6x, 53 - A- - 92-A . MILLER & SMITH AT WILLOW ROLC 8401 GREENSBORO DR STE 300 MCLEAN, VA 22102 53 - 3- - A - WILLOW GROVE, LC 720 S BRADDOCK ST WINCHESTER,VA 22601 *TO:BARBARA-DATA PROCESSING ,djo FROM:BEV - Planning Dept. Please print sets of—w)pjsby — Number Property ID # Name 1 /DI�o/U6 THAN Ire: — LIP 1 53 A 88 PERRY, STUART M INC 2 52 A 313A -Ti & T PACKING CORPORATON C/O FIRST BANK TRUST DIVISION 1835 V 3 52 A 310 ✓ GLAIZE, FRED L III & ANN W PO BC 4 52 20 3 19 - PERRY, STUART M INC 117 1-I1 5 52 20 3 18 PERRY, DENNIS W 435 W 6 52 A 305 CLOVERDALE FARMS, INC. 263 FC 7 52 A 260 V CLARK, STEPHEN L ETALS 622 W 8 52 A 259 _/'KELCHNER, DAVID S & LORETTA L 561 W 9 52 172 13 ✓' ALEXANDER, MICHAEL SCOTT 600 W 10 52 172 12✓', BENNETT, PATSY ANN 492 W 11 52 172 11 ✓ SEIDEL, ERIC K JR & LINDA M LUNDIN- SEIDEL 40 RO 12 52 172 10 ✓. LASHBAUGH, GEORGE R JR & LINDA J 454 W 13 52 172 9 V SARGENT, LOIS MARIE 430 W 14 52 172 8 ✓ LOY, ROBERT L JR & MICHELLE D 404 W 15 52 172 7 MILLER, GREGORY G. & MARSHA R. 388 W 16 52 172 6B V CROCKER, CAROL A 374 W 17 52 172 6A LINK, WILLARD Z JR & ROBIN L 364 W 18 52 172 5B ✓ SINGHAS, MILLARD N. 352 W 19 52 172 5A v CATHER, TYREE SCOTT 1221 F 20 52 161 4 NEWLIN, RICHARD A. 328 W 21 52 161 3 J RILEY, ANTHONY P 314 W 22 52 161 2 WELSH, STEVIE L. & CATHERINE V. 304 W 23 52 16 1 1 ,,� WELSH, FRED R 290 W 24 52 A 262A MCFARLAND'S MILL INC 587 R( 25 52 A 267 MCFARLAND, MADGE B & ROBERT M TRUSTEES 587 R( 26 52 A 265 ✓ MCFARLAND, ROBERT M. 587 R( 27 52 A 264 AMICK, ROBERT EUGENE JR 551 R, 28 52 A 213 ✓WILKINS, JAMES G JR 240 M 29 52 A 214 WILKINS, JAMES G JR 240 M 30 52 A 215 ✓ PENNINGTON, DENNIS K 492 R- 31 52 A 228 ,,NELSON, MARY C. & RICHARD C. 488 R- 32 52 A 231 / KERNS, EDWARD L 484 R 33 52 A 232 EDMISTON, JOSEPH W & LAURA L 12951 34 52 A 233 / ROE, GENEVIEVE 464 R 35 52 A 234 LAFOLLETTE, RICKIE D 1170 36 52 A 235 LAFOLLETTE, RICKIE D 11701 37 52 A 236 LAFOLLETTE, RICKIE D 1170 1 38 52 A 248 ✓ RHINEHARDT, BURLEY SCOTT & DEBRA A 440 R 38 52 A 249 RHINEHARDT, BURLEY SCOTT RHINEHARDT, DEBRA A 440 R 39 52 A 237 PERRY, STUART M INC 117 LI 40 52 A 238 PERRY, STUART M INC 117 LI 41 52 A 239 PERRY, STUART M INC 117 LI 42 52 A 246 V HENRY, BARBARA ELAINE ETALS 422 R 43 52 A 245 ✓ FISHEL, DONALD E & JACKIE R 117 N 44 52 A 240 PERRY, STUART M INC 117 L 45 52 A 241 PERRY, STUART M INC 117 L 46 52 A 244 ✓ KATTAS, RONALD L & POWER, BRANDON J 1336: 47 52 A 243 STEVENS, JOHN V & PAMELA M P 324 R 48 52 A 242A STEVENS, JOHN V & PAMELA M P 324 R 49 52 A 242 STEVENS, JOHN V. & PAMELA M.P. 324 R 50 52 A 71 B v, BISHOP, GREGORY A & STACIE L 1108S r7IT7 52 A 71A jCOMMONWEALTH OF VIRGINIA 1PnE Rezoning-AdjacentPropertyOwners.xls 10/19/2006 �oGtL o�- P�N s !*I-- --- CUP Adjoin Number Pro ert ID # Name 1 1 Name 2 Address 1 53 A 88 PERRY, STUART M INC 1 1117 LIMESTONE LN 2 52 A 313A R & T PACKING CORPORATON C/O FIRST BANK TRUST DIVISION 11835VALLEYAVE GLAIZE, FRED L III & ANN W 30X 888 PERRY, STUART M INC TO:BARBARA-DATA PROCESSING LIMESTONE LN PERRY, DENNIS W NOODCHUCK LN CLOVERDALE FARMS, INC. FROM: BEV - PI Wing Dept. Fox MEADOW LP CLARK, STEPHEN L ETALS Please print sets of labels,by NOODCHUCK LI` KELCHNER, DAVID S & LORETTA L �� / �� THANKS NOODCHUCK Lt ALEXANDER, MICHAEL SCOTT _- WOODCHUCK LI\ 3 52 A 310 4 52 203 19 5 52 203 18 6 52 A 305 7 52 A 260 8 52 A 259 9 52 172 13 10 52 172 12 BENNETT, PATSY ANN 492 WOODCHUCK LP 11 52 172 11 SEIDEL, ERIC K JR & LINDA M LUNDIN- SEIDEL 40 ROSEWOOD DR 12 52 172 10 LASHBAUGH, GEORGE R JR & LINDA J 454 WOODCHUCK L( 13 52 172 9 SARGENT, LOIS MARIE 430 WOODCHUCK L� 14 52 172 8 LOY, ROBERT L JR & MICHELLE D 404 WOODCHUCK L� 15 52 172 7 MILLER, GREGORY G. & MARSHA R. 388 WOODCHUCK LIN 16 52 172 6B CROCKER, CAROL A 374 WOODCHUCK L< 17 52 172 6A LINK, WILLARD Z JR & ROBIN L 364 WOODCHUCK L� 18 52 172 5B SINGHAS, MILLARD N. 352 WOODCHUCK Lt 19 52 172 5A GATHER, TYREE SCOTT 1221 HOLLOW RD 20 52 161 4 NEWLIN, RICHARD A. 328 WOODCHUCK Lt 21 52 161 3 RILEY, ANTHONY P 314 WOODCHUCK LP 22 52 161 2 WELSH, STEVIE L. & CATHERINE V. 304 WOODCHUCK LI' 23 52 161 1 WELSH, FRED R 290 WOODCHUCK LP 24 52 A 262A MCFARLAND'S MILL INC 587 ROUND HILL RD 25 52 A 267 MCFARLAND, MADGE B & ROBERT M TRUSTEES 587 ROUND HILL RD 26 52 A 265 MCFARLAND, ROBERT M. ;' 587 ROUND HILL RD 27 52 A 264 AMICK, ROBERT EUGENE JR f` 551 ROUND HILL RD 28 52 A 213 WILKINS, JAMES G JR 240 MOUNT WILLIAM 29 52 A 214 WILKINS, JAMES G JR 240 MOUNT WILLIAM 30 52 A 215 PENNINGTON, DENNIS K 492 ROUND HILL RD 31 52 A 228 NELSON, MARY C. & RICHARD C. 488 ROUND HILL RD 32 52 A 231 KERNS, EDWARD L 484 ROUND HILL RD 33 52 A 232 EDMISTON, JOSEPH W & LAURA L 1295 HOLLOW RD 34 52 A 233 ROE, GENEVIEVE- 464 ROUND HILL RD 35 52 A 234 LAFOLLETTE,-RICKIE D 1170 AIRPORT RD 36 52 A 235 LAFOLLETTE, RICKIE D 1170 AIRPORT RD 37 52 A 236 LAFOLLETTE, RICKIE D 1170 AIRPORT RD 38 52 A 248 RHINEHARDT, BURLEY SCOTT & DEBRA A 440 ROUND HILL RD 38 52 A 249 RHINEHARDT, BURLEY SCOTT RHINEHARDT, DEBRA A 440 ROUND HILL RD 39 52 A 237 PERRY, STUART M INC 117 LIMESTONE LN 40 52 A 238 , ' PERRY, STUART M INC 117 LIMESTONE LN 41 52 A 239' PERRY, STUART M INC 117 LIMESTONE LN 42 52 A _.246 HENRY, BARBARA ELAINE ETALS 422 ROUND HILL RD 43 52 ,A 245 FISHEL, DONALD E & JACKIE R 117 MUSE DR 44 52" A 240 PERRY, STUART M INC 117 LIMESTONE LN 45 ,52 A 241 PERRY, STUART M INC 117 LIMESTONE LN 46/ 52 A 244 KATTAS, RONALD L & POWER, BRANDON J 13365 HORSEPEN W 47 52 A 243 STEVENS, JOHN V & PAMELA M P 324 ROUND HILL RD / 48 52 A 242A STEVENS, JOHN V & PAMELA M P 324 ROUND HILL RD ' 49 52 A 242 STEVENS, JOHN V. & PAMELA M.P. 324 ROUND HILL RD 50 52 A 71B BISHOP, GREGORY A & STACIE L 108 STONEWALL DR 51 52 A 71A COMMONWEALTH OF_VIRGINIA _ _ P O BOX2249 5 - 52 A 254B 1i PERRY, STUART M INC 117 LIMESTONE LN 53 52 A 254 BISHOP, GREGORY A 219 ROUND HILL RD 54 53 A 86 /' O'DONNELL, TRUDY POE 200 WARD AVE 55 53 A 86A L• ITTMAN PROPERTIES, LLC C/O C ARTHUR LITTMAN, MEMBER 165 WARD AVE 56 53C 2 16B/' GLAIZE, GEORGE W JR & CAROLYN G G 104 DUTTON PL 57 53G 1 2 20A , j iERRIMANS CHASE HOMEOWNERS ASSOC INC P 0 BOX 3276 58 53 A 92A / MILLER & SMITH AT WILLOW RUN, LLC 8401 GREENSBORO 59 53 3 A ° WILLOW GROVE, LC 720 S BRADDOCK S- 60 152 A 313 / PERRY, STUART M INC 117 LIMESTONE LN CUP-AdjacentPrope rtyOwners.xls 10/19/2006 /(�ZE)Xj11U (;;�- -:.*. l'r--C� , f IN a SZ� TO: BARBARA-DATA PROCESSING idjc FROM:BEV - PI nning Dept. Please print sets of lAWs by Number ProDertv ID # Name 1 /II fro%6 T ANKS;I ire I / LII 1 53 A 88 PERRY, STUART M INC 2 52 A 313A R & T PACKING CORPORATON C/O FIRST BANK TRUST DIVISION 1835 `v 3 52 A 310 GLAIZE, FRED L III & ANN W PO BC 4 52 203 19 PERRY, STUART M INC 117 LII 5 52 203 18 PERRY, DENNIS W 435 W 6 52 A 305 CLOVERDALE FARMS, INC. 263 FC 7 52 A 260 CLARK, STEPHEN L ETALS 622 W 8 52 A 259 KELCHNER, DAVID S & LORETTA L 561 W 9 152 172 13 ALEXANDER, MICHAEL SCOTT 600 W 10 52 172 12 BENNETT, PATSY ANN 492 W 11 52 172 11 SEIDEL, ERIC K JR & LINDA M LUNDIN- SEIDEL 40 RO 12 52 172 10 LASHBAUGH, GEORGE R JR & LINDA J 454 W 13 52 172 9 SARGENT, LOIS MARIE 430 W 14 152 172 8 LOY, ROBERT L JR & MICHELLE D 404 W 15 52 172 7 MILLER, GREGORY G. & MARSHA R. 388 W 16 52 172 6B CROCKER, CAROL A 374 W 17 52 172 6A LINK, WILLARD Z JR & ROBIN L 364 W 18 52 172 5B SINGHAS, MILLARD N. 352 W 19 52 172 5A CATHER, TYREE SCOTT 1221 l• 20 52 161 4 NEWLIN, RICHARD A. 328 W 21 52 161 3 RILEY, ANTHONY P 314 W 22 52 161 2 WELSH, STEVIE L. & CATHERINE V. 304 W 23 52 161 1 WELSH, FRED R 290 W 24 52 A 262A MCFARLAND'S MILL INC 587 Ri 25 52 A 267 MCFARLAND, MADGE B & ROBERT M TRUSTEES 587 R( 26 52 A 265 MCFARLAND, ROBERT M. 587 R, 27 52 A 264 AMICK, ROBERT EUGENE JR 551 R, 28 52 A 213 WILKINS, JAMES G JR 240 M 29 152 A 214 WILKINS, JAMES G JR 240 M 30 52 A 215 PENNINGTON, DENNIS K 492 R- 31 52 A 228 NELSON, MARY C. & RICHARD C. 488 R- 32 52 A 231 KERNS, EDWARD L 484 R 33 52 A 232 EDMISTON, JOSEPH W & LAURA L 12951 34 52 A 233 ROE, GENEVIEVE 464 R 35 52 A 234 LAFOLLETTE, RICKIE D 11701 36 52 A 235 LAFOLLETTE, RICKIE D 11701 37 52 A 236 LAFOLLETTE, RICKIE D 1170 1 38 52 A 248 RHINEHARDT, BURLEY SCOTT & DEBRA A 440 R 38 52 A 249 RHINEHARDT, BURLEY SCOTT RHINEHARDT, DEBRA A 440 R 39 52 A 237 PERRY, STUART M INC 117 LI 40 52 A 238 PERRY, STUART M INC 117 LI 41 52 A 239 PERRY, STUART M INC 117 LI 42 52 A 246 HENRY, BARBARA ELAINE ETALS 422 R 43 52 A 245 FISHEL, DONALD E & JACKIE R 117 N 44 52 A 240 PERRY, STUART M INC 117 L 45 52 A 241 PERRY, STUART M INC 117 L 46 52 A 244 KATTAS, RONALD L & POWER, BRANDON J 1336E 47 52 A 243 STEVENS, JOHN V & PAMELA M P 324 R 48 52 A 242A STEVENS, JOHN V & PAMELA M P 324 R 49 52 A 242 STEVENS, JOHN V. & PAMELA M.P. 324 R 50 52 A 71B BISHOP, GREGORY A & STACIE L 108 S 51 152 A 71A COMMONWEALTH OF VIRGINIA P O E Rezoning-AdjacentPropertyOwners.xls 10/19/2006 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 3, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #15-06 AND CONDITIONAL USE PERMIT APPLICATION #10-06 FOR ROCK HARBOR GOLF COURSE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 15, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following applications: 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. 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 of Rock Harbor Golf Course, submitted by Greenway Engineering, 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. . Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Mark R. ;heraen Zoning Administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 b�c 0 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 53G - 1- 2- 20-A MERRIMANS CHASE HOMEOWNERS ASSOC INC P 0 BOX 3276 22604 WINCHESTER,VA N'.I"XIE 201 1 Og L.1 / 0W O6 RETURN 'TO SErNDEF2 NOT DELIVE::RADLE AS ADDFiE.SSEO UNABLE TO FORWARD VIC: 2226O15O3907 *2192-00426 Oe-26 I1111111llllllllllI„$IJill 11111IMIIIIIIIIIll) Ilk„I11Jll oak �AcirbO�r cznn"(\ 0 OCT 2 0 2006 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan -<S la ZO b� Eric Mike Kevin John Lauren COMMENTS: D K' Received by Clerical Staff (Date & Time): P '];,O 101301 0 U:\Pam\Common\Document Approval Form.wpd COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 i 53G - 1- 2- 20 A MERRIMANS CHASE HOMEOWNERS ASSOC INC P 0 BOX 3276 WINCHESTER,VA 22604 .2 �6A1%50�39 It 00 -3qO W — 11/29/2006 Mailed From 22601 US POSTAGE 201 1 00 12105/ OS RETURN 'r0 SE::NDER AT*rE mP'i*ED — NOT KNOWN UNAML.E TO FORWARD 22501500907 *3017--05030--29--40 IIII III fill III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII) III) III IIIIII COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 29, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 15-06 AND CONDITIONAL USE PERMIT APPLICATION #10-06 FOR ROCK HARBOR GOLF COURSE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 13, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following applications: 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. 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 of Rock Harbor Golf Course, submitted by Greenway Engineering, 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 fi-onts 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. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.fi•ederick.va.us. Sincerely, 0k/,arR. Cheran Zoning Administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000