HomeMy WebLinkAbout02-06 Proffer StatementAction:
PLANNING COMMISSION: March 15, 2006 Recommended Approval
BOARD OF SUPERVISORS: April 12, 2006 APPROVED DENIED
WHEREAS, Rezoning #02 -06 of Shenandoah University,' submitted by Patton Harris Rust
Associates, to rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education)
District with proffers was considered. The properties are located on the east and west sides of Tulane
Drive (Route 797), approximately 650' north of Millwood Pike (Route 50), in the Shawnee Magisterial
District, and are identified by Property Identification Numbers 64 -A -109 and 64 -A -110.
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 15, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 12, 2006; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety. welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
.change 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with
proffers, as described by the application and plat submitted, subject to the attached conditions
voluntarily proffered in writing by the applicant and the property owner.
PDRcs 10 -06
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02 -06 OF SHENANDOAH UNIVERSITY
PDRes. 410
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of April, 2006 by the following recorded vote:
1
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gary Dove Aye Bill M. Ewing Aye
Gene E. Fisher A y e Charles S. DeHaven, .Jr. Aye
Philip A. Lemieux Absent
A COPY ATTEST
Jo
i1ey,
FrVrick County Administrator
REZONING:
PROPERTY:
RE CORD OWNER
APPLICANT:
PROJECI NAME
ORIGINAL DA 1E
OF PROFFERS:
REVISION DATE (S):
The undersigned hereby proffers that the use and development of the subject property
"Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced HE conditional rezoning is not granted as applied for by the applicant "Applicant
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The term "Applicant" as referenced herein shall include within its
meaning all future owners and successors in interest. When used in these proffers, the "Generalized
Development Plan," shall refer to the plan entitled "Generalized Development Plan, Shenandoah
University Tulane Drive Rezoning" dated April 26, 2005 (the "GDP and shall include the
following.
1. Site Development
SIGNATURES APPEAR ON THE FOLLOWING PAGES
PROPOSED PROFFER STATEMENT
RZ. 02 -06
Residential Performance (RP) to Higher Education (HE)
1.261 acres
Tax Map Parcels 64 109, 64 110 (portion) [the "Property"]
Shenandoah University
Shenandoah University
Shenandoah University- Tulane Drive
April 26, 2005
February 15, 2006 April 11, 2006
69 t et--
Site access shall be limited to Tulane Drive and the internal campus road network.
New entrances from Price Drive shall therefore be prohibited. The existing right of
way and driveway access to the single family detached dwelling shall be maintained.
Proffer Statement
Date:
Respectfully submitted,
SHENANDOAH UNIVERSITY
By A -c,
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
My commission expires
Notary Public
+n
The oregoing instrument was acknowledged before me this I 2 day of I
2006; by \---;SKak
_A At, 6 i .ft, rv
Shenandoah University Tulane Drive
Page 2 of 2 4/11/06
REZONING:
PROPERTY:
RECORD OWNER
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE (S):
1. Site Development
1.1
April 26, 2005
February 15, 2006
PROPOSED PROFFER STATEMENT
RZ. -06.
Residential Performance (RP) to Higher Education (HE)
1.261 acres
Tax Map Parcels 64 -A- 109, 64 -A -110 (portion) [the "Property
Shenandoah University
Shenandoah University
Shenandoah University Tulane Drive
SIGNATURES APPEAR ON THE FOLLOWING PAGES
ct ical .21 1 2
The undersigned hereby proffers that the use and development of the subject property
"Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced HE conditional rezoning is not granted as applied for by the applicant "Applicant
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The term "Applicant" as referenced herein shall include within its
meaning all future owners and successors.in interest. When used in these proffers, the "Generalized
Development Plan," shall refer to the plan entitled "Generalized Development Plan, Shenandoah
University Tulane Drive Rezoning" dated April 26, 2005 (the "GDP and shall include the
following:
Site access shall be limited to Tulane Drive, the internal campus road network,
and the 2 existing entrance points on Price Drive. The entrances on Price Drive
shall be subject to approval by VDOT of a transportation impact analysis at the
time of site plan approval.
Proffer Statement
Respectfully submitted,
SHENANDOAH UNIVERSITY
By
Date: a
\1 I 0(o
Sheet Idoah University Tulane Drive
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The for going instrument was acknowledged before me this day of
2006, by cl
iQ 3Le
Mycommissio expires J
Notary Public A =A. .4
C iiva s t
Page 2 of 2 2/15/06
1 z
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SHENANDOAH UNIVERSITY
TULANE DRIVE REZONING
GENERALIZED DEVELOPMENT PLAN
FR£O£RICK COUNTY, WR5N7A
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Patton, Harris, Rust Associates, pc
117 E. P'xad0y SL Winchester, 14rginia 22601
VOCE (540) 667 -2139 FAX: (540) 665 -0493