64A109_ShenandoahUniversityAMENDMENT
Action:
PLANNING COMMISSION: March 15, 2006 Recommended Approval
BOARD OF SUPERVISORS: April 12, 2006 FI APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02 -06 OF SHENANDOAH UNIVERSITY
WHEREAS, Rezoning 902 -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 apublic hearing onthis 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.
PDRes # 10 -06
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of April, 2006 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten
Gary Dove
Gene E. Fisher
Philip A. Lemieux
Aye Bill M. Ewing
Aye Charles S. DeHaven, Jr.
Absent
A COPY ATTEST
Aye
Aye
Aye
Rgx�&
Jo iley, r.
Fr rick County Administrator
PDRes. 410-06
PROPOSED PROFFER STATEMENT
REZONING: RZ. ,4 02 -06
Residential Performance (RP) to Nigher Education (HE)
PROPERTY: 1.261 acres + / -;
Tax Map Parcels 64 -A -109, 64 -A -110 (portion) [the "Property]
RECORD OWNER Shenandoah University
APPLICANT: Shenandoah University
PROJECT NAME: Shenandoah University- Tulane Drive
ORIGINAL DATE
OF PROFFERS: April 26, 2005
REVISION DATE(S): February 15, 2006 April 11, 2006
The undersigned hereby proffers that the use and development of the subject property
( "Propertyy"), 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 maybe 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 Development
1.1 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.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Proffer Statement
Respectfully submitted,
SHENANDOAH UNIVERSITY
By: 4. c
Date: i l — /2 — ex,
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Shenandoah University - Tulane Drive
+h
The oregoin� instrument was acknowledged before me this LZ day of
2006; by V1G 1—, Sl r
My commission expires `QQC � 1 3cj
Notary Public I� YIC)OZ, (6b � j )'1JZ44 jDO
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