The URL can be used to link to this page

Home My WebLink About02-06 CommentsWILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924 -1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, .1R. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. Dear Mike: HALL, MONAHAN, ENGLE, MAHAN S. MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 1 a 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703-777-1050 ATTORNEYS AT LAW June 28, 2005 Michael T. Ruddy, A1CP Deputy Director Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 e EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540 FAX 540-602 -4304 E MAIL Iaw- ers @haIImonah8R.COT PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Shenandoah University (Tulane Drive) Proposed Proffer Statement ur1 2 9 2005 I have reviewed the above referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and is legally sufficient as a proffer statement, subject to the following: 1. Paragraph 1_1: 1 would pose the following questions for your consideration with regard to this proffer: (1) the proffer prohibits "new" student residential facilities; are there existing student residential facilities on the property?, and (2) is it the intent of this proffer to permit new residential facilities, i f they are not student residential facili ties? 2. Paragraph 2.!: There is apparent!y an existing single-family detached dwelling on the property which has driveway access to Price Drive. It appears to be the intent of this proffer to not permit that entrance on Price Drive to be utilized as Michael T. Ruddy June 28, 2005 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL access to this property in general. If so, it would seem that there should be some language to limit the entrance on to Price Drive as solely for access to the dwelling. have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific site, as it is my understanding that that review will be done by the staff and the Planning Commission. RTM /ks Philip A. Shucet COMMISSIONER May 2, 2005 Mr. Charles E. Maddox, Jr., P.E., V.P. C/O Patton, Harris, Rust Associates 117 E. Piccadilly Street Winchester, VA 22601 Dear Chuck: COMMONWEALTH of VIRGINIA Ref: Shenandoah University Tulane Drive Route 797 Frederick County The documentation within the application to rezone this property appears to have little measurable impact on Route 797. This route is the VDOT roadway which has been considered as the access to the property referenced. It is recommended the applicant proffer that all access to this property be thru Tulane Drive. No access will be allowed along the frontage of Price Drive. 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 Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, 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. Thank you for allowing us the opportunity to comment. S Jerry A. Copp JAC /rf Enclosure Comment Sheet DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 VirginiaDOT.org WE KEEP VIRGINIA MOVING JERRY A. COPP RESIDENT ENGINEER TEL(540)984 -5600 FAX (540) 984 -5607 Virginia Department of Transportation Comments: See attached letter from VDOT to Mr. Chuck Maddox dated May 2, 2005. VDOT Signature Date: S /z /o 5 Notice to OT T Please Return This Form to the Applicant l• Rezoning Comments Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Applicant's Name: Mailing Address: Current Zoning: RP Patton Harris Rust Associates, pc c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite200 Winchester. VA 22601 Zoning Requested: HE Virginia Department of Transportation Location of Property: The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650 feet north of Millwood Pike (US Route 50). APR 2 8 ?005 111111011.1111M1113 CSIMINIEBIND• SHENANDOAH UNIVERSITY- TULANE DRIVE Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 ss t o o ..ax i s s k i e, the W, App e ant Please fill out the mformahn oas cenrately aspossible ordcrito assist h e VV irginia, Departments ofc1Transportattonnwith their review Attach! t .co application for l pr offer- statement im actanaJyssis and any other� erhn ent mfocmatton Phone: (540) 667 -2139 Acreage: 1.20 acres 9 Fire Marshal's Comments: 1 pp <-9 e en. c E?rA C—omw. -4 �.■,p>k Fire Marshal's Signature Date \�ti1 4 ao05 Notice to Fire Marshal Please R urn This Form to the Applicant Rezoning Comments Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665 -6350 Applicant's Name: Mailing Address: Current Zoning: RP SHENANDOAH UNIVERSITY- TULANE DRIVE Frederick County Fire Marshal Applicant Please nti5o0Atic m as ossiblexur ordei to assistthe Fredenck County, rr t hts revie z Attaehcatcopv of 4pp form loeation'ma p fer andr ,4 r p&r our a form s, rfer stateme nt, impactanalysis innformation Patton Harris Rust Associates, pc c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street. Suite 200 Winchester, VA 22601 Hand deliver to: Frederick Co. Fire Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1 Floor 107 N. Kent Street Winchester, VA 22601 Location of Property: The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650 feet north of Millwood Pike (US Route 50). Zoning Requested: HE Acreage: 1.20 acres Re Apo 6 Phone: (540) 667 -2139 12 e ees kit b VIRGINIA Control number RZ05 -0002 Project Name Shen. University/Tulane Dr. Address 117 E.Piccadilly Street Type Application Rezoning Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 4/26/2005 4/28/2005 Tax ID Number 64 A -109 110 City Winchester Recommendations No Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Applicant PHR &A Fire District 21 State VA Reviewed By Signature Timothy L. Welsh Title Zip 22601 Special Hazards No Rescue District 21 Automatic Fire Alarm System Residential Sprinkler System No Fire Lane Required No Date Revised Shawnee Water supplies for firefighting shall meet the requirements of Frederick County Code section 90 -4. Applicant Phone 540- 667 -2139 Election District Ilosalts RBRfl&ARSHAL FREDERICK- COUNTY Fire an Ressc_ue_Company''s- Comments Wo C- L»7r...cs As. l Fire Rescue Company's Signature :.r Notice to Fire Rescue Company Please- Return This Form to the Applicant 05/10/2005 10:38 FAX 540 882 0820 MILLWOOD STATION 001 Rezoning Comments Name of-Fire-8e Rescue-Co. Company21 Millwood Station Vol.Tue Co. ATTN: Fire Chief or Asst. Firc Chief Applicant's Name: Mailing Address: Location ofProperty: Die properties are- located -on the east- and -west sides -of Tulane -Drive (Route 797), approximately 650 feet north of Millwood Pike (US Route 50) Current Zoning RP SHENANDOAH UNIVERSITY- TULANE DRIVE Fire and Rescue Company Address Phone P.O; Box 3037 Mart ter, Virginia 22604 Pb_ 5 -667 -1535 Patton Harris Rust Associates, pc c/o C. E. Maddox, Jr. P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Zoning Requested: HE Phone: (540) 667 -2139 Acreage: L20 acres 18 Department of Inspections Comments: No CUNMFNT REoo;Aro A Ta1S YiJk1E AIL 6 Inspections Signature Date: 0 t— tat raw, Notice to Dept. of pections Please Retu /cis For to the Applicant Rezoning Comments Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665 -5650 Frederick County Department of Inspections Applicant's Name: Mailing Address: Patton Harris Rust Associates. pc c/o C. E. Maddox, Jr., P.E.. Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The properties are located on the east and west sid 797), approximately 650 feet north of Millwood Pike (US Route 50). Current Zoning: RP Zoning Requested: HE SHENANDOAH UNIVERSITY DRIVE AN 2 6 2005 ?m W NSPEC11 Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4th Floor 107 North Kent Street Winchester, VA 22601 Phone: (540) 667 -2139 Acreage: 1.20 acres 11 Department of Public Work'S Comments: ‘fkre. V1VC AO CO 01 WI C44 at s al ii 4 nu- Public Works Signature Date: V 1 Ip 05 t Notice to Dept. of Public Works 4 Please Return This rm to the Applicant 06/13/2005 14:48 5406780602 Rezoning Comments Applicant's Name: Mailing Address Current Zoning: RP Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665 -5643 10,010,0 SHENANDOAH UNIVER, DRIVE Frederick County Department of Public Works L 01 Patton-Harris-Rust Associates, pc c/o C. E. Maddox Ir. P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester; VA -22601 Location of The properties are located on the east and west sides ofTulane Drive {Route 797), approximately 650 feet north of Millwood_Pike(US Route -5Q). Zoning Requested: HE Hand deliver -tq: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4 Floor 107 North Kent Street Winchester, VA 22601 Phone: (540) 667 -2139 Acreage: 1.20 acres PAGE 02 t0 Fred- Win�c.Se vice Authority's Comments: AO Fred -Winc Service Authority's FWSA Signature Date: 4 07 4006 Notice Notice to Fred -Winc Service Authority Please Return This Form to the Applicant Rezoning Comments SHENANDOAH UNIVERSITY TULANE DRIVE Frederick Winchester Service Authority Mail to• Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 p r a ec v .y-' 4 1.& +WFLd' ap n a i Apphcant Pl e out i orrnatl a onQ assaccu pons ble i n Border Yt os s ist the vr, Depart t o Pu h Wg or thbh err r r ew Att c a "copy, o you ppl �t aic atioq for loca tion map,,proffer statement impact analysis and any other'pertrnent informationq q' .n f b'I 4 A i -sF.. ti.'7ri t TH Y n 'jiL{uh,3 `9 e +n v*46.4 R i�-;k V .er¢; 'ih cY iW2�'�"e- r" =a fik w 'n t-x" :-4 1-f. n. Applicant's Name: Mailing Address: Location of Property: Current Zoning RP Patton Harris Rust Associates, pc c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650 feet north of Millwood Pike (US Route 50). Zoning Requested: HE Phone: (540) 667 -2139 a J APR 2 6 2005 £L4)tt) Acreage: 1.20 acres Sanitation Authority Comments: fro co/tqa "5 Sanitation Authority Signature Date: i��c x°1/ Notice to Sanitation Authority Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868 -1061 Applicant's Name: Mailing Address: Patton Harris Rust Associates. pc c/o C. E. Maddox, Jr:, P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 797), approximately 650 feet north of Millwood Pike (US Route 50). Current Zoning: RP SHENANDOAH UNIVERSITY- TULANE DRIVE FCSA Frederick County Sanitation Authority Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA a xr j wars =LL a =x w- pia 't y a s .mr tt AppLeant: Please filliout ahe possible h3ord assisheESanrthorm ,"e: a a x r Authonty tt the rr eu Att i a c opy f y ooiir: app eation F form location hdp 1 statemen inpalt anal sis anthan N other- crtinent information. Location of Property: The properties are located on the east and west sides of Tulane Drive (Route Phone: (540) 667 -2139 Zoning Requested: HE Acreage: 1.20 acres .Pr 11r APR 28 2005 N v� rl e 15 Frederick Winchester Health Department's Comments: i D, lxh wt nhjrrfir• t fre f6 r ■Fgr'e f as 4kheel s,. d' 45 'in dAs MCI' ,,frLL rt ✓a k/P„hle frMair pri Weii4 n✓a ne ^..f'v4, :en 'hS. Health Signature Date: g 6 /a %s Notice to Health epartment— Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722 -3480 hi APR 2 6 2005 li B Y Frederick Winchester Health Department of ui ormat 3° i'��r.'G k. s x t n.FFr 3. 4 i ts s Applicant Pl ease fllfout trhe m f onus ac curately as�poss Yn order to assls t the'Freden inch-ester-di cl .i k s s- gip, q}• y a,- �-�rA;xr =.-3"x s: a..°t y= 3- W ester4 1ea e lth DnartnienY withnheinrpviru a rn..z,° 'n,.,., t ci r ;z on Applicant's Name: Mailing Address: Current Zoning: RP Patton Harris Rust Associates. pc c/o C. E. Maddox, Jr. P.E.. Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650 feet north of Millwood Pike (US Route 50). Zoning Requested: HE SHENANDOAH UNIVERSITY- TULANE DRIVE Hand deliver to: Frederick Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722 -3480 Phone: (540) 667 -2139 Acreage: 1.20 acres 04,965 b'{50 J4 0 16 Dept. of Parks Recreation Comments: p /C /r) /r7n)2 m, Yv 7.. 0 Parks Signature Date: //v -�J 42 ✓9ll!"t L t Notice to Dept.'' arks Recreation Please Return This Form to the A pliicant Rezoning Comments Mail to: Frederick County Dept. of Parks Recreat 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Applicant's Name: Mailing Address: Current Zoning: RP SHENANDOAH UNIVERSITY- TULANE DRIVE Frederick County Department of Parks Recreation Hand deliver to: Frederick County on Department of Parks Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 _.y. i c'.ta g+. S .uT'2 'F-&. e, App heant a£Please4nu out information as "accuratelycaskyossi e m order `to assist the, epa t q Barks Recr n wi th their revsew. Attactivaicopy Sou s7 PP tiontiform,q o map +proffer. statement, impact,analysis and any other perk entinformation Patton Harris Rust Associates. pc c/o C. E. Maddox. Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650 feet north of Millwood Pike (US Route 50). Zoning Requested: HE Phone: (540) 667 -2139 Acreage: 1.20 acres 13 r Winchester Regional Airport's Comments 7 OlU Winchester Regional Airport Signature n/� (A p X Date Notice to Winchester Regional Airport Please Return This Form to the Applicant Rezoning Comments Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA pph r it�Please fill o the info ation' 'assa" curatel as p ossible in ordei to assrst the Winchest st' r' Cr'"xr u e n :m Regional Airp with e review Attac a copy of 3 our app for Iocah ma �protl a tement, rmpact:anal� sis,: and any >o ther pertinent rnformatron �b ,t inx'mw Applicant's Name: Patton Harris Rust Associates. pc Mailing Address: c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street. Suite 200 Winchester, VA 22601 Location of Property: The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650 feet north of Millwood Pike (US Route 50). Current Zoning: RP Zoning Requested: HE SHENANDOAH UNIVERSITY- TULANE DRIVE Phone: (540) 667 -2139 Acreage: 1.20 acres PEC'D APR 2 7 2085 17 May 20, 2005 C. E. Maddox, Jr., P.E., Sr. VP Patton Harris Rust Associates, PC 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Shenandoah University Tulane Drive Shawnee Magisterial District Dear Mr. Maddox: S. R. Manuel Executive Director WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 The Winchester Regional Airport Authority offers the following comments regarding the proposed rezoning for the referenced property: This property appears to be just on the outside edge of the Airport Support Area and the traffic pattern of the Winchester Airport. Due to the close proximity of this property to the flight pattern at Winchester Regional Airport, building occupants are likely to experience aircraft noise and fly -over nuisance from aircraft entering into or departing the flight pattern. As the airport continues to expand services and operations, noise associated with such expansion will likely increase. Property owners may be aware of the airport's existence, but should be forewarned about this potential problem. We advise the owner to take measures for noise attenuation during construction of their classroom facilities. This would help reduce any noise distraction during classes. Winchester Regional Airport is a vital link in the Nationai Air Transportation System used by private citizens, commercial air carriers, businesses and industries throughout the region to transport people and goods around the world. During the last eighteen months, there has been a dramatic increase in jet transient traffic at Winchester. In addition, we now have a rnedevac helicopter conducting operations ihrouyiiuut the day and night. The Winchester Regional Airport has a direct and principal economic impact on our community and is continually working towards expanding operations. To be successful in our ventures, we need citizen support, which causes us concern regarding the potential for complaints about aircraft noise. Thank you for giving this your consideration and should you have questions, please contact me. Administrative Assistant to dents M 9v' c PA Frederick Counhy Public Schools e -mail: Visit us at www.frederick.k12.va.us the Superintendent kapocsis @frederick.k12.va.us Patton Harris Rust Associates, pc c/o C.E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Maddox: RE: Shenandoah University Tulane Drive Rezoning May 17, 2005 This letter is in response to your request for comments concerning the rezoning application for the proposed Shenandoah University Tulane Drive Rezoning project located on the east and west sides of Tulane Drive (Route 797), approximately 650 feet north of Millwood Pike. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. SMK/dkr Respectfully yours, cc: William C. Dean, Ph.D., Superintendent of Schools 540 -662 -3889 Ext112 Stephen Kapocsi Administrative Assistant to the Superintendent 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 FAX 540 662 3890 May 2, 2005 Mr. Chuck Maddox, Jr. P.G. Patton Harris R.ust Associates, pc 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Shenandoah University- Tulane Drive Rezoning Dear Chuck: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the First and Second Battles of Winchester; however, this area has already lost its integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins Planner II CEM /dlw 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540 /665 -6395