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HomeMy WebLinkAbout002-06 Shenandoah University - .06 RP-HE, .06 HE, B2, RP-HE - Shawnee - Backfile (2)4-, 0 ® � N m o CD o N cc v cd «s 0 Ia.Q O + N O � � O Ln t)b aj RECEIVED FROM ADDRESS T DATE a 1 NO. .�� ' BY �DI ) Q I ems/ - m 0 m Ln cc i 0 0 1111f 1 6 REZONING TRACKING SHEET File given to office manager to update Application Action Summary PC public hearing date ACTION: q11, BOS public hearing date ACTION: —=*--�AL--Signed-copy-of resolution -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.) Check List: Application Form L/ Proffer Statement = ' Impact Analysis Adjoiner Lost Fee & Sign Deposit DeedDeed Plat/Survey `~ .:- Taxes Paid Statement_ lmpact Model Run DATE J- /, t p Application received/file opened Reference manual updated/number assigned a ( 106 D-base updated Copy of adj oiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing a L location map ordered from Mapping 02ro2/• o,�, 6W-, Lf// q �06 Action letter mailed to applicant �13dG�d U \CarohCommonurscking ru Revised 05109t02 Reference manual and D-base updated mile given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended April 14, 2006 Mr. Charles E. Maddox, Jr. Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: REZONING 402-06, SHENANDOAH UNIVERSITY Dear Chuck: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 12, 2006. The above -referenced application was approved to rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with proffers. The subject properties are located on the east side of Tulane Drive (route 797) and west side of Price Drive, approximately 650' north of Millwood Pilce (Route 50), and are identified with Property Identification Numbers 64-A-109 and a portion of 64-A-1 10, in the Shawnee 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. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Plarming Director MTR/bad Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate Shenandoah University, Business Office, 1460 University Dr., Winchester, VA 22601 107 North Kent Street, Smite 202 o Winchester, Virginia 22601-5000 REZONING APPLICATION 902-06 SHENANDOAH UNIVERSITY Staff Report for the Board of Supervisors Prepared: April 5, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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: March 15, 2006 Recommended Approval Board of Supervisors: April 12, 2006 Pending PROPOSAL: To rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with proffers. LOCATION: The properties are located on the east side of Tulane Drive (Route 797) and west side of Price Drive, approximately 650' north of Millwood Pike (Route 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-109 and a portion of 64-A-110 PROPERTY ZONING: RP (Residential Performance) District, HE (Higher Education) District, and B2 (Business General) District PRESENT USE: University Stadium and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) Use: Residential Use: Residential Use: Residential Use: Hotel & University Facilities PROPOSED USES: University Facilities 0 0 Rezoning #02-06 — Shenandoah University April 5, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little significant 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 through 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. Fire Marshal: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Millwood Station: No comments. Department of Inspections: No comment required at this time. Public Works Department: We have no comment at this time. Frederick -Winchester Service Authority: No comment. Sanitation Authority: No comment. Frederick -Winchester Health Department: The Health Department has no objection to the request as stated so long as no private drainfields or private/public wells are negatively impacted. Department of Parks & Recreation: No comment. Frederick County Public Schools: 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. Winchester Regional Airport: 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 if a vital line in the National Air Transportation System used by private 0 0 Rezoning #02-06 — Shenandoah University April 5, 2006 Page 3 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 medevac helicopter conducting operations throughout 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. Frederick County Attorney: Please see attached letter dated June 28, 2005, from Robert T. Mitchell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark 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 his proposed rezoning would directly impact. The properties are within the study area of the First and Second Battles of Winchester; however, this area has already lost its integrity. PlanninjZ & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). Site of the original farmhouse on the Lages land, the acreage that is now the College Park Subdivision, the property has been zoned RP (Residential Performance) since the consolidation of the existing R2 zoning classification with the RI, R3, and R6 zoning districts to create the RP (Residential General) District on September 28, 1983. The original College Park Subdivision was created around the parcels for which this current rezoning is being requested in 1970. The Pembridge Heights Subdivision further developed this area, including the residential lots located along Price Drive. At the time of the development of this section of Pembridge Heights, Shenandoah University.further secured the use of Price Drive cis an access to the College by enabling the conversion of an existing 60' right-of-ivay that benefited the University, to a right-of-u,ay dedicated to the State, existing Price Drive. The dedication of this right-of-uvay provided access to the residential lots and clearly to Shenandoah University. Correspondence from this era indicates that notification to that end was placed on the deed of dedication and therefore to subsequent homeoivners regarding the potential futzn•e use of Price Drive as an access to Shenandoah University. The remaining portion of parcel 64-A-110 that is not subject to this rezoning request which was acquired by Shenandoah University, contains both B2 (Business General) and HE (Higher Education) District zoned land, and has developed according to Master Development Plan MDP#01-91 which was revised in August of 1999 to enable a football stadium and fieldhouse 9 0 Rezoning #02-06 — Shenandoah University April 5, 2006 Page 4 facility on the east side of Interstate 81. Parcel 64-A-109, totaling 0.6 acres, and the 0.6 acre portion of Parcel 64-A-110 are subject to this 1.2 acre rezoning request from RP (Residential Performance) District to HE (Higher Education) 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 environment 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 The subject properties included with this rezoning request are located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan recognizes the existing land uses of the parcels in this area and does not identify any desired fixture land use. However, the Eastern Frederick County Long Range Land Use Plan Map recognizes the institutional land uses associated with Shenandoah University in the vicinity of the properties. Such a land use designation could be applied to the subject parcels with the appropriate recognition of the character of the adjoining residential subdivision. The intent of the HE (Higher Education) District is to permit institutions of higher education in appropriate areas. Transportation The Comprehensive Plan does not presently identify any new road improvement projects in the immediate vicinity of this rezoning request. The street serving the existing and developing university facilities, Tulane Drive, was recently upgraded in accord with VDOT specifications to accommodate the development proposed with the Shenandoah University Master Development Plan. The intersection of Tulane Drive, Route 797, and Route 50 is of a standard that can accommodate the traffic anticipated from the currently master planned Shenandoah University project, the College Park Subdivision, and the properties included with this rezoning request. Price Drive, the existing residential subdivision sheet on which the properties have frontage, is of residential character and additional traffic of a non-residential nature should be discouraged. Shenandoah's previous efforts to secure Price Drive as an access are recognized. 3) Site Suitability/Environment The site does not contain any environmental or historical features. More specifically, there are no identified areas of steep slopes, floodplain, or wetlands that should be addressed through this rezoning application or would constrain the development of the properties under the HE (Higher Education) zoning district classification. Parcel 64-A-I10 does contain a stormwater management facility that was created in conjunction with the Tulane Drive Road improvement proj ect. 0 0 Rezoning #02-06 — Shenandoah University April 5, 2006 Page 5 4) Potential Impacts A. Transportation In a letter dated May 2, 2005, the Virginia Department of Transportation recommended that the applicant proffer that all access to this property be through Tulane Drive. They further stated that no access will be allowed along the frontage of Price Drive. Staff would concur based upon the rationale that Tulane Drive was recently improved to a standard that would accommodate the anticipated traffic from the developing areas of Shenandoah University. Price Drive is a residential street that serves the existing residential uses, the character of which should be preserved with this rezoning application. The applicant should be prepared to address this issue and the Proffer Statement provides the applicant the opportunity to do so. No additional measurable transportation impacts are anticipated from the development of this 1.2 acre site on Tulane Drive, Route 797, and the intersection of Tulane Drive and Route 50. Staff would concur with the application's statement that the requested rezoning will expand the area available for the development of planned facilities and ancillary uses, but will not result in a discernable increase in traffic above what has already been planned and approved. It should be ensured that the access for any traffic generated by the development of this acreage is via Tulane Drive. B. Sewer and Water Public water and sewer service is provided to the site by the City of Winchester. Wastewater generated by the development of this site will be conveyed to the Opequon Waste Water Treatment Facility. The ongoing development of University facilities has ensured that sufficient water and sewer infrastructure has been provided to accommodate any additional development that may occur on this site. C. Community Facilities and Impacts The Frederick County Development Impact Model has not been applied to HE (Higher Education) District rezoning requests in recognition of the unique impacts and benefits that institutions of higher education provide to the community. The impacts of the development of facilities within the HE (Higher Education) District on the surrounding community should be carefully evaluated. In particular, when the land for which the rezoning request is being sought is part of a residential community and the surrounding land uses are residential. In recognition of the need to ensure that areas of HE (Higher Education) District are appropriately integrated with the surrounding community, the HE (Higher Education) District section of the Zoning Ordinance enables the Planning Commission to require distance buffers and landscaping and/or full screening on lots which abut residential land uses. The size of the buffers and nature of the screening shall be based upon the amount of separation and screening needed. 0 0 Rezoning #02-06 — Shenandoah University April 5, 2006 Page 6 Staff has previously encouraged the applicant to be proactive with regards to any landscaping and screening that could be applied to this property to ensure that the long term use of the property is appropriately integrated with the adjacent residential uses. It would be preferable for the applicant to propose an approach to addressing this issue which ensures that whatever the ultimate use of the acreage, the surrounding properties are not negatively impacted. It is important to remember that buildings, signs, and structures within the HE (Higher Education) District may be erected up to 45 feet in height, structures may be located up to 35 feet from any street, and parking areas may be located within five feet of any property line. With the approval of the Master Development Plan for the Football Stadium and Fieldhouse, the University provided a landscape buffer that was twenty feet in width and consisted of a double row of evergreen trees adjacent to the residential properties. The properties that are subject to this rezoning request provide a gateway to the University grounds. The opportunity exists for the applicant to address this issue in a manner that is aesthetically pleasing, both as a gateway to the University Stadium complex and to the adjacent neighbors and ensures that any fixture impacts from the development of this acreage are mitigated. Staff continues to encourage the applicant to propose an approach that could be incorporated into the proffer statement in some form. 5) Proffer Statement — Dated April 26, 2005 and revised February 15, 2006 The Proffer Statement contains one proffer that seeks to address the site development as it relates to transportation access. This proffer states that site access shall be limited to Tulane Drive, the internal campus road network, and the two existing entrance points on Price Drive. This proposed proffer does not appear to limit site access in any fashion and would enable the development of the subject properties to occur with primary access being via Price Drive. A more desirable approach may be to limit access to the 1.2 acre site to the University's internal street system via the extension of the recently improved Tulane Drive, thus minimizing any potential impacts to Price Drive and the existing residential land uses. Accommodations in the Proffer Statement may be appropriate to enable the existing residential structure to continue to utilize Price Drive. However, any new development and/or redevelopment of the site under the HE (Higher Education) designation should utilize an internal access point on Tulane Drive extended. STAFF CONCLUSIONS FOR 03/15/06 PLANNING COMMISSION MEETING: The Shenandoah University rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan and the intent of the HE (Higher Education) District. The Planning Commission should ensure that the impacts associated with this rezoning request have been filly addressed by the applicant. Particular attention should be paid to ensuring that the potential development of the HE (Higher Education) land uses are appropriately integrated with the surrounding residential community. 0 0 Rezoning #02-06 — Shenandoah University April 5, 2006 Page 7 Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE 03/15/06 MEETING: Commission members discussed the protection of the adjoining residential area and their desire for any potential use of the property to appropriately blend in with the residential neighborhood. Commissioners encouraged the applicant to close or restrict the access to Price Drive and to have all the traffic from fixture users of this site to use Tulane Drive. They were also concerned that some uses permitted with I IE Zoning would not be appropriate, such as a multi -story dormitory. The applicants expressed their opinion that the size of the property limited the intensity of its use and since the use had not yet been determined, they wanted to maintain as much flexibility as possible. They assured the Commission of Shenandoah University's intent to be a good neighbor, to provide additional screening if necessary, and to utilize the site with a compatible use. Two adjoining property owners on Price Drive spoke to the Commission about the type of use that might go on the property and how it would affect their property values. One of the property owners complained of a vacant lot on Price Drive that was an eyesore because it contained mounds of dirt; he also thought the existing structure should be investigated for potential historical significance because it may have been used during the Civil War. The other property owner was opposed to allowing access of this site to Price Drive; in addition, he said the landscape screening along his property line promised by Shenandoah University for a previous project was not completed. It was noted that the use of this property would come back to the Planning Commission in the form of a master development plan revision. It was also noted that ordinance requirements call for landscaping between residential and HE uses, with specific amounts and type at the discretion of the Commission. Commissioners unanimously recommended approval of the rezoning with the proffer submitted by the applicant and with a caveat that expressed the Commission's desire to see access to Price Drive restricted. (Commissioner Ours and Light abstained from voting; Commissioners Unger and Watt were absent from the meeting.) Gq of Zoning N A 110 SHENANDOAH UNIVERSITY Zoning B2 W A 101 APPLE BLOSSOM PROPERTIES, LP W 3 A APPLE BLOSSOM PROPERTIES ' O11: HON ATTER.NA OARL W A 109 SIIENANDOAH UNIVERSITY Zoning RP ~�P �a".- 5 6 1AP�p�° P1N �J M 111 1Q b�C+Ct ,RNPQPyF NP �P A 111 Ep y5AMORAP MIL1i.0., OMR151°� 6!A f7310/ C LARK MIOHAEL L-LYNTHIA5 I l -. Map FMturaa Zoning . MSIM.ca.iSuypo M,rnl REZONING # 02 - 06 ae l6ui cgnm♦ Re 1R ne Cwnm�nnr amwrl � 7vi I. .r.Imu,nMTrap r1 RSIRwa o"'lRcnMwM amuniry0nlici . Shenandoah .... ,,,..m. N Rom.. .��. e. M0 RA IRuni E. ♦ IE,v.arv. .,mm,..a aMmn ,vw aMmn O ReadC..sI— O RR (P..WM41 R.norm.nu aw.al HEmrrl) T.° •,�► M" O M2 ' UniversityO o- 'w— 0 25 50 100 (64 - A - 109, 110 ) Feet e A 111D c _nM a ! Map Fa turss N p Zoning ax,a..�..c".ma n, ♦ A. w..a.m.I..wM.c�m..,,,,,, a„8.�.�.nM..., REZONING # 02 - 06 .ra . W a..m�. m , .. oMm„ . al AR .11 :M.M� m.,,,..., Shenandoah Roaa Osntan,nss ♦ ♦ eM ie.,,.m.. M..„,.m..�, o�umn O .. ia. m,� „e,Hwm�ee.wm„ow�.,, O .1,R d.,er •en .... �► • °'°m�' M °� University o- ... Mr, iMm�M n.m.c�m�,n aM,.n, 0 25 50 too aF Feet ( 64 - A - 109, 110 ) 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fee Amount Paid $ / r Zoning Amendment Number 10 ,0 Date Received o PC Hearing Date Zla, BOS Hearing Date o 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. Applicant: Name: Patton Harris Rust & Associates (PHR+A) Telephone: 540-667-2139 Address: 117E Piccadilly Street Suite 200 Winchester Virginia 22601 2. Property Owner (if different than above) Name: Shenandoah University Telephone: 540-665-4514 c/o Business Office Address: 1460 University Drive Winchester, Virginia 22601 3. Contact person if other than above Name: Charles E. Maddox, Jr., Telephone: 540-667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 C� • 5. The Code of VirlZinia allows us to request full disclosure of ownership in relation to i rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Shenandoah University 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER 254-1-2 ( 64-A-107 64-A-107A 64-A-109 64A-8-3-35 64A-12-3-111C 64A-12-3-111 D 64A-12-3-210 64A-12-3-211 University Stadium (HE), Residence (RP) University Facilities (Academic/Cultural) USE University Commercial — Hotel Commercial — Hotel Residential Residential Residential Residential Residential Residential ZONING HEl (City of Winchester) B2 B2 RP RP RP RP RP RP 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). 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). 2 • 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 best of my (our) knowledge. Applicant(s) Date Charle . Maddox, Jr., P.E., • 02/17/06 Owners S� ` ��—�--� Date 02/17/06 Shenandoah University • • GY` o 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, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Shenandoah University (Phone) 540-665-4543 (Address) 1460 University Drive Winchester VA 22601 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 Deed Book on Page Parcel: 109,110 Lot: Block: A Section: 64 Subdi do hereby make, constitute and appoint: and is described as (Name) PHRA, Chuck Maddox, Jr. , Ron Mislowsky, Patrick Sowers (Phone) 540-667-2139 Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 to act as my tnle and lawful attorney -in -fact for and in my (our) name, place, and stead with fiill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan 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 (we) have hereto set my (our) hand and seal this �-1 day of VW\) , 200 �D , Signature(s) State of Virginia, City/County of rV f de 11 CL ,To -wit: L.Qut"(4- I, (, C' \ . SQ'k))J�-Q_ a Notary Public in and for the jurisdiction aforesaid, certify that the perso (s) who signed to the foregoing instrument personal y appeared before me end has aclai wledged tl e s before me in the jurisdiction aforesaid this day of r7fA_, 2006-, . - My Commission Expires: %o— V—o N ,tary lic • Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building 107 North Kent Street. 4 `Tax*°l7, ya f t; Name Address 64-A-110 Shenandoah University % Gene Fisher 1460 University Drive, Winchester, VA 22601 64-A-111C Virginia A Bresnanan 101 Harvard Drive, Winchester, VA 22602 64-A-111D Ida M Price 102 Price Drive, Winchester, VA 22602 64A-12-3-204 Michael L & Cynthia S Clarke 104 Price Drive, Winchester, VA 22602 64A-12-3-210 Robert C & Jac ueline Gochenour, Jr. 111 Price Drive, Winchester, VA 22602 64A-12-3-211 Ona Carlton & Margaret F Hovatter 105 Price Drive, Winchester, VA 22602_ 64A-8-3-35 Ruth T Sherwood 103 Princeton Drive, Winchester, VA 22602 64A-12-3-205 Christopher & Sandra P Miller 106 Price Drive, Winchester, VA 22602 64A-12-3-206 Harry F & Joyce M Evans III P.O. Box 1682, Winchester, VA 22604 64A-12-3-207 Eric D A & Holly B McMurtry 110 Price Drive, Winchester, VA 22602 64A-12-3-208 William R & Marie C Withers 112 Price Drive, Winchester, VA 22602 64A-12-3-209 John L & Pamela T Haines 114 Price Drive, Winchester, VA 22602 z O 0 0 as w _o i ^ w = u1 o- I` o- z z a f0 N O 0 O J a O w z O 4h ow z Cr a O Z) w z. F- D_ 0 (L � )?6? 53, 9 0. \POR �6oi9- 6'cf��6,S o w� 00 I ' o LaLC)�. !Z O m ;0 ofW t N O = toN U1 In O m ~ 06 r) J CA m O w Z a S8725'55"E a. Q I T_M. 64A—((12))—(3)-211 ONA C. & MARGARET HOVATTER I D.B. 745, PG 1435 ZONE: RP S86'35'22"E 180. �i 0 of T.M. 64-((A))--109 i SHENANDOAH UNIVERSITY I INST. # 020007057 0.6192 ACRES w ZONE: RP m �xI O Z I _ _ 179.06' S86'35' 22"E 179 NO2'34'21 "E 78.08' I_ NOTE: THE BOUNDARIES SHOWN HEREON WERE DERIVED FROM PUBLIC RECORDS ARE NOT THE RESULT OF A CURRENT FIELD SURVEY. l 60' 3 00 r) N 10 t to 26' 0 0 I� t� TION OF T.M. 64-((A))-110 ` CURRENTLY ZONED RP ` S HENANDOAHF UNIVERSITY INST. # 020007057 13 0.6418 ACRES I 146.69' HARVARD DRIVE EXHIBIT SHOWING RTE. 1246 TWO PROPERTIES j CURRENTLY STANDING GRAPHIC SCALE IN THE NAME OF SHENANDOAH UNIVERSITY `tom 0 20 a In SHAYMEE MAGISTERIAL DISTRICT f FREDERICK COUNTY, VIRGINIA SCALE: 1' =40' DATE: AUGUST 12, 2005 1 inch = 40 !t, 6jn MONTGOMERY xo 08-&fillecaffy140-9 Prosperity Dr. (540) 450-3236VOICE Winchester, VA 22602 www.c�meg.— (540) 450-3235 FAX w 1� fi CO o C11 U a 1 REZONING APPLICATION #02-06 SHENANDOAH UNIVERSITY Staff Report for the Planning Commission Prepared: March 1, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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: March 15, 2006-P�e Board of Supervisors: April 12, 2006 Pending PROPOSAL: To rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with proffers. LOCATION: The properties are located on the east side of Tulane Drive (Route 797) and west side of Price Drive, approximately 650' north of Millwood Pike (Route 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-109 and a portion of 64-A-110 PROPERTY ZONING: RP (Residential Performance) District, HE (Higher Education) District, and B2 (Business General) District PRESENT USE: University Stadium and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) Use: Residential Use: Residential Use: Residential Use: Hotel & University Facilities PROPOSED USES: University Facilities • Rezoning #02-06 — Shenandoah University March 1, 2006 Page 2 REVIEW EVALUATIONS: Virl4inia Dept. of Transportation: The documentation within the application to rezone this property appears to have little significant 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 through 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. Fire Marshal: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Millwood Station: No comments. Department of Inspections: No comment required at this time. Public Works Department: We have no comment at this time. Frederick -Winchester Service Authority: No comment. Sanitation Authority: No comment. Frederick -Winchester Health Department: The Health Department has no objection to the request as stated so long as no private drainfields or private/public wells are negatively impacted. Department of Parks & Recreation: No comment. Frederick County Public Schools: 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. Winchester Regional Airport: 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 if a vital line in the National Air Transportation System used by private 0 • Rezoning #02-06 — Shenandoah University March 1, 2006 Page 3 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 medevac helicopter conducting operations throughout 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. Frederick County Attorney: Please see attached letter dated June 28, 2005 from Robert T. Mitchell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark 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 his proposed rezoning would directly impact. The properties are within the study area of the First and Second Battles of Winchester; however, this area has already lost its integrity. PlanninjZ & ZoninjZ: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). Site of the original farmhouse on the Lages land, the acreage that is now the College Park Subdivision, the property has been zoned RP (Residential Performance) since the consolidation of the existing R2 zoning classification with the R1, R3, and R6 zoning districts to create the RP (Residential General) District on September 28, 1983. The original College Park Subdivision was created around the parcels for which this current rezoning is being requested in 1970. The Pembridge Heights Subdivision further developed this area, including the residential lots located along Price Drive. The remaining portion of parcel 64-A-110 that is not subject to this rezoning request which was acquired by Shenandoah University, contains both B2 (Business General) and HE (Higher Education) District zoned land, and has developed according to Master Development Plan MDP#01-91 which was revised in August of 1999 to enable a football stadium and fieldhouse facility on the east side of Interstate 81. Parcel 64-A-109, totaling 0.6 acres, and the 0.6 acre portion of Parcel 64-A-110 are subject to this 1.2 acre rezoning request from RP (Residential Performance) District to HE (Higher Education) District. Rezoning #02-06 — Shenandoah University March 1, 2006 Page 4 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. I -1 J Land Use The subject properties included with this rezoning request are located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan recognizes the existing land uses of the parcels in this area and does not identify any desired future land use. However, the Eastern Frederick County Long Range Land Use Plan Map recognizes the institutional land uses associated with Shenandoah University in the vicinity of the properties. Such a land use designation could be applied to the subject parcels with the appropriate recognition of the character of the adjoining residential subdivision. The intent of the HE (Higher Education) District is to permit institutions of higher education in appropriate areas. Transportation The Comprehensive Plan does not presently identify any new road improvement projects in the immediate vicinity of this rezoning request. The street serving the existing and developing university facilities, Tulane Drive, was recently upgraded in accord with VDOT specifications to accommodate the development proposed with the Shenandoah University Master Development Plan. The intersection of Tulane Drive, Route 797, and Route 50 is of a standard that can accommodate the traffic anticipated from the currently master planned Shenandoah University project, the College Park Subdivision, and the properties included with this rezoning request. Price Drive, the existing residential subdivision street on which the properties have frontage, is of residential character and additional traffic of a non-residential nature should be discouraged. 3) Site Suitability/Environment The site does not contain any envirormiental or historical features. More specifically, there are no identified areas of steep slopes, floodplain, or wetlands that should be addressed through this rezoning application or would constrain the development of the properties tinder the HE (Higher Education) zoning district classification. Parcel 64-A-110 does contain a stormwater management facility that was created in conjunction with the Tulane Drive Road improvement project. Rezoning #02-06 — Shenandoah University March 1, 2006 Page 5 4) Potential Impacts A. Transportation In a letter dated May 2, 2005, the Virginia Department of Transportation recommended that the applicant proffer that all access to this property be through Tulane Drive. They further stated that no access will be allowed along the frontage of Price Drive. Staff would concur based upon the rationale that Tulane Drive was recently improved to a standard that would accommodate the anticipated traffic from the developing areas of Shenandoah University. Price Drive is a residential street that serves the existing residential uses, the character of which should be preserved with this rezoning application. The applicant should be prepared to address this issue and the Proffer Statement provides the applicant the opportunity to do so. No additional measurable transportation impacts are anticipated from the development of this 1.2 acre site on Tulane Drive, Route 797, and the intersection of Tulane Drive and Route 50. Staff would concur with the application's statement that the requested rezoning will expand the area available for the development of planned facilities and ancillary uses, but will not result in a discernable increase in traffic above what has already been planned and approved. It should be ensured that the access for any traffic generated by the development of this acreage is via Tulane Drive. B. Sewer and Water Public water and sewer service is provided to the site by the City of Winchester. Wastewater generated by the development of this site will be conveyed to the Opequon Waste water Treatment Facility. The ongoing development of University facilities has ensured that sufficient water and sewer infrastructure has been provided to accommodate any additional development that may occur on this site. C. Community Facilities and Impacts The Frederick County Development Impact Model has not been applied to HE (Higher Education) District rezoning requests in recognition of the unique impacts and benefits that institutions of higher education provide to the community. The impacts of the development of facilities within the HE (Higher Education) District on the surrounding community should be carefully evaluated. In particular, when the land for which the rezoning request is being sought is part of a residential community and the surrounding land uses are residential. In recognition of the need to ensure that areas of HE (Higher Education) District are appropriately integrated with the surrounding community, the HE (Higher Education) District section of the Zoning Ordinance enables the Planning Commission to require distance buffers and landscaping and/or full screening on lots which abut residential land uses. The size of the buffers and nature of the screening shall be based upon the amount of separation and screening needed. Rezoning #02-06 — Shenandoah University March 1, 2006 Page 6 Staff has previously encouraged the applicant to be proactive with regards to any landscaping and screening that could be applied to this property to ensure that the long term use of the property is appropriately integrated with the adjacent residential uses. It would be preferable for the applicant to propose an approach to addressing this issue which ensures that whatever the ultimate use of the acreage, the surrounding properties are not negatively impacted. It is important to remember that buildings, signs, and structures within the IIE (Higher Education) District may be erected up to 45 feet in height, structures may be located up to 35 feet from any street, and parking areas may be located within five feet of any property line. With the approval of the Master Development Plan for the Football Stadium and FleldhoUse, the University provided a landscape buffer that was twenty feet in width and consisted of a double row of evergreen trees adjacent to the residential properties. The properties that are subject to this rezoning request provide a gateway to the University grounds. The opportunity exists for the applicant to address this issue in a manner that is aesthetically pleasing, both as a gateway to the University Stadium complex and to the adjacent neighbors and ensures that any firture impacts from the development of this acreage are mitigated. Staff continues to encourage the applicant to propose an approach that could be incorporated into the proffer statement in some form. 5) Proffer Statement — Dated April 26, 2005 and revised February 15, 2006 The Proffer Statement contains one proffer that seeks to address the site development as it relates to transportation access. This proffer states that site access shall be limited to Tulane Drive, the internal campus road network, and the two existing entrance points on Price Drive. This proposed proffer does not appear to limit site access in any fashion and would enable the development of the subject properties to occur with primary access being via Price Drive. A more desirable approach may be to limit access to the 1.2 acre site to the University's internal street system via the extension of the recently improved Tulane Drive, thus minimizing any potential impacts to Price Drive and the existing residential land uses. Accommodations in the Proffer Statement may be appropriate to enable the existing residential structure to continue to utilize Price Drive. However, any new development and/or redevelopment of the site under the HE (Higher Education) designation should utilize an internal access point on Tulane Drive extended. STAFF CONCLUSIONS FOR 03/15/06 PLANNING COMMISSION MEETING: The Shenandoah University rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they frilly address specific components of the Comprehensive Plan and the intent of the HE (Higher Education) District. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to ensuring that the potential development of the HE (Higher Education) land uses are appropriately integrated with the surrounding residential community. 0 rI Rezoning #02-06 — Shenandoah University March 1, 2006 Page 7 Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Following the 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 Planninga Commission. I APPLICATION REZONING A PPI ICA TION Dino FODWOU SrAMW 191 293VASW LUNIEM j (13 INN 4N j .10 L SHENANDOAH UNIVERSITY TULANE DRIVE REZONING A PRIt 2005 Prepored By: Patton Harris Rust & Associates, pc 1 l 17 E. PkWiy SE Wvxhester, Virginia 22601 VOICE: (540) 667-2139 FAX (5Q) 665--N93 EWC gwciffftnsnc-com • Table of Contents I. Application Form II. Impact Analysis A. Introduction B. Comprehensive Policy Plan C. Suitability of the Site D. Transportation E. Sewage Conveyance and Water Supply F. Site Drainage G. Solid Waste Disposal Facilities H. Historic Sites and Structures I. Impact on Community Facilities IV. Frederick County Fiscal Impact Model Output V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket • AMENDMENT Action: PLANNING COMMISSION: March 15, 2006 - Recommended Approval BOARD OF SUPERVISORS: April 12, 2006 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-06 OF SHENANDOAH UNIVERSITY 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 Conunnission 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. 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 Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Absent A COPY ATTEST JoPrick Hey, r. Fr County Administrator PDRes. # 10-06 11 PROPOSED PROFFER STATEMENT REZONING: RZ. # 02-06 Residential Performance (RP) to Higher 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 PROJECTNAME: 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 ("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 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 • ShenanPhUniversity — Tulane Drive Respectfully submitted, SHENANDOAH UNIVERSITY By Date: ' ' / 2. — ex, STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: fh The oregoing instrument was acknowledged before me this I2 day of 2006) by My commission expires Nota Public �Qy ,,t;jg j Page 2 of 2 4/11/06 a 0 ;> EX ZONE: W. • ' PROP ZONE: UNCHANGED Z A os s4--A-110 # E7( CH ZONE: B2 `w i PROP ZONE: UN ANGED - '�-�•�r• �' 64� • .,_ HE 9.6 \� 64— 1 C► r ram•, !E EX� 1 _ • PROP iE: HE _a 0.6�-- t _ .. RED ROOF �" j' _ _` . r•�'�'', �ktay,; y e t 11,p,E \` _ �•, vim, 4 �r F% 4 # SO 41 SHENANDOAH UNIVERSITY b TULANF DRIVE REZONING Patton, Harris, Rust & ��ssociotes, pc ti 117 F Piicod St. Wimfiester, Viginia 22601 o m GENERALIZED DEVELOPMENT PLAN Q VOKZ- (540) 667--2139 FAX: (5Q) 665-0493 F.KEDfR?CK COWY frrleGM 0 IV PROFFER STATEMENT _ � r HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. ATTORNEYS AT LAW I a 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEESBURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 703-777- I050 TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL law,ers@hallmonahan.com June 28, 2005 Michael T. Ruddy, AiCP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO'. P. O. BOX 848 WINCHESTER, VIRGINIA 22604-0848 Re: Shenandoah University (Tulane Drive) Proposed Proffer Statement Dear Mike: 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. Para rg aph 1. 1: I 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, if they are not student residential facilities? 2. Paragraph 2. 1: There is apparently 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 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy June 28, 2005 Page 2 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. I 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. y yours, Robert T. Mitchell, Jr. RTM/ks • ail*. ,. ��'�: . COMMONWEALTH of VIRC-jINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 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 Ref: Shenandoah University — Tulane Drive Route 797 Frederick County • Dear Chuck: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 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 peinnit. 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. Si cer ly, f' • Jerry A. Copp JAC/rf Enclosure — Comment Sheet VirginiaDOT.org WE KEEP VIRGINIA MOVING 0 0 Rezoning Comments SHENANDOAH UNIVERSITY-TULANE DRIVE Virginia Department of Transportation Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 pplicant: Please fill out the information as a �cc u r a t e ­ly as possible in order to assist the Virginia _ Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address Location of Property: Patton Harris Rust & Associates pc c/o C. E. Maddox, Jr. P.E. Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 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 Acreage: 1.20 acres Virginia Department of Transportation Comments: See attached letter from VDOT to Mr. Chuck Maddox dated May 2, 2005. VDOT Signature & Date: s Z D S Notice to OT — Please Return his Form to the Applicant 0 E C7 • Y i (� Rezoning Comments SHENANDOAH UNIVERSITY TULANE DRIVE Frederick County Fire Marshal Mail to: Hand deliver to: Z- 4Pa Frederick Co. Fire Marshal Frederick Co. Fire & Rescue Dept. �, 107 N. Kent St. Attn: Fire Marshal Winchester, VA 22601 Co. Administration Bldg., I" Floor �Qos (540) 665-6350 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name Mailing Address • Location of Property: • Patton Harris Rust & Associates vc c/o C. E. Maddox, Jr. P.E. Sr VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 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 Acreage: 1.20 acres Fire Marshal's Comments: Fire Marshal's Signature & Date Notice to Fire Marshal — Please R rn This Form to the Applicant 12 w A oa ;w x �a y C� 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 Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 4/26/2005 City Winchester Tax ID Number 64-A-109 & 110 Date reviewed 4/28/2005 Applicant PHR&A State Zip VA 22601 Fire District 21 Recommendations Automatic Fire Alarm System No V-',OgUiverf-nenis Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-667-2139 Rescue District 21 Election District Shawnee Residential Sprinkler System No Fire Lane Required No Special Hazards No Additional Comments Water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4. •Plan Approval Recommended Reviewed By Signature''k� Yes TimothyL. Welsh n1� Title Ir�'�t4-,AR'X r' fr r9,)W WD 05/10,'2005 10:38 FAX 540 882 0820 0 MILLWOOD STATION (m 001 • • Rezoning Comments SHENANDOAH UN1VERSITV-TULA.NE DRIVE Fire and Rescue Company Name of Fire & Rescue Co. Address & Phone Company 21 P.O. Box 3037 Millwood Station Vol. Fire & Rescue Co- Wjnch�ter, Virginia 22604 ATTN: Fire Chief orAsst. Fire Chief Pb. 54 -667-1535 Applicant's :game: Patton Harris Rust & Associates pc Nne: (540) 667-2139 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 live (Route 797), approximately 650 feet north of Millwood Pike (US Route 50). Current Zoning: RP Zoning Requested: HE Acreage: 1.20 acres Fire and Rescue Company's Comments Alo As . Fire & Rescue Company's Signature Notice to Fire & Rescue Company — Please Return 'Phis Form to the Applicant 18 I (* I* Frederick County Department of Inspections Mail to Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 p1� 2, Hand deliver to: tPU'Ql-1M Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4th Floor 107 North Kent Street Winchester, VA 22601 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 Phone:(540) 667-2139 Tulane Drive (Rout 797), approximately 650 feet north of Millwood Pike (US Route 50). —' Current Zoning: RP Zoning Requested: HE Acreage: 1.20 acres Department of Inspections Comments: NCB CommFnzT /` EQUIRFf� Ai .1litS TIMF Inspections Signature & Date: -- \� 0 Notice to Dept. of . spections — Please Retur his For to the Applicant 11 06/13/2009 14:48 5406780682 a PAGE 02 Frederick County Department of Public Works PrT\ Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540)665-5643 it Hand deliver to: faaw Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4 Floor 107 North Kent Street Winchester, VA 22601 Applicant's Name: Panora Harris Rust & Associates pc Pone (540) 667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E. Sr. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Propertyis : The properties are located on the east and west sides of Tldaae Drive {Route 797), approximately 650 feet north of Millwood Pike (US Route_59). Current Zoning: RP Zoning Requested: HE Acreage: 1.20 acres Department of Public Work's Comments: Y1VIC VkO COMwte.4e � c J6 � Public Works Signature & Date: IQ 05 VI Notice to Dept. of Public Works Please Return This Arm to the Applicant • 10 • • 0 Rezoning Comments SHENANDOAH UNIVERSITY-TULANE DRIVE Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name Mailing Address: Location of Property: Patton Harris Rust & Associates pc c/o C. E. Maddox, Jr. P.E. Sr. VP 117 E. Piccadillv Street Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 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 Acreage: 1.20 acres APR 2 6 2005 i Fred -Wine Se ice Authority's Comments: AO Fred -Wine Service Auon's FWSA Signature & Date: '^ Za(oti Notice to Fred -Wine Service Authority — Please Return This Form to the Applicant ARezoning Comments SHENANDOAH UNIVERSITY-TULANE DRIVE Frederick County Sanitation Authority FCSA R�. Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority LL 8 2005 Attn: Engineer Attn: Engineer l�S P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer IL statcm.nt, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates pc Phone: (540) 667-2139 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). I (* Current Zoning: RP Zoning Requested: HE Acreage: 1.20 acres Sanitation Authority Comments: Sanitation Authority Signature & Date: ,-If/ A e?3- Notice to Sanitation Authority — Please Return This Form to the Applicant 15 b(�905 0Y50 JA APR 2 6 2005 9 --------------- Rezoning Comments SHENANDOAH UNIVERSITY-TULANE DRIVE Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: • Location of Property: • Patton Harris Rust & Associates pc c/o C. E. Maddox, Jr. P.E. Sr VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 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 Acreage: 1.20 acres Frederick — Winchester Health Department's Comments: 0! Not i ' l ;ff It, {v %i" ty ? F--1 S%Fed s a-, +o Mk��S a.N Ae'�w4bel� iMM.^ Health Signature & Date: Notice to Health Department — Please Return This Form to the Applicant 16 9 0 I• Rezoning Comments SHENANDOAH UNIVERSITY-TULANE DRIVE Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 Applicant's Name: Patton Harris Rust & Associates pc Phone: (540) 667-2139 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 Acreage: 1.20 acres Dept. of Parks & Recreation Comments: 10,2 �/rw,l zy Parks Signature &2at , 3 Notice to Darks & Recreation — Please Return This Form to the A plicant 13 0 � 46 166 I • Rezoning Comments SHENANDOAH UNIVERSITY-TULANE DRIVE 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 Applicant's Name: Patton Hams Rust & Associates pe Phone: (540) 667-2139 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 Acreage: 1.20 acres Winchester Regional Airport's Comments Winchester Regional Airport Signature & Dated �1� �/� \I X10 Notice to Winchester Regional Airport — Please Return This Form to the Applicant r 17 0 f� Ao WINCHESTER REGIONAL AIRPORT SERVING THE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 (540) 662-2422 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 �S ciawnee Mz--igisteriai District Dear Mr. Maddox: 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 is 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 National 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 medevac helicopter conducting operations rhrouyhout ilie Uay 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. Sincerely, • S. R. Manuel Executive Director o�. o a H A F c P S' Frederick County Public Schools Administrative Assistant to Visit us at www.frederick.1<12.va.us e-mail: the Superintendent kapocsis@frederick.k12.va.us • May 17, 2005 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 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. Respectfully yours, Stephen Kapocsi Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 May 2, 2005 Mr. Chuck Maddox, Jr. P.E. Patton Harris R.iz,t & 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 I1 CEM/dlw • 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 • Y AGENCY COMMENTS CJ 0 SHENANDOAH UNIVERSITY — TULANE DRIVE REZONING IMPACT ANALYSIS STATEMENT April 2005 A. INTRODUCTION This report has been prepared for. the purpose of assessing the impact on Frederick County by the conditional rezoning of a 0.6 acre portion of parcel 64-A- 110, and parcel 64-A-109, totaling 0.6 acre (+/-), which are owned by Shenandoah University. The subject acreage is located on the east and west sides of Tulane Drive (Route 797), and west of Price Drive, approximately 650 feet north of Millwood Pike (US Route 50). Parcel 64-A-110 is currently split -zoned HE (Higher Education), B2 (Business General) and RP (Residential Performance), and parcel 64-A-109 is zoned RP. This application proposes the rezoning of the RP zoned portion of 64-A-110 and the entire area of 64-A-109 to the HE District. The total area subject to the proposed rezoning is therefore 1.20 acres (+/-). The portion of 64-A-110 subject to this rezoning was acquired by Shenandoah University from the owners of the adjoining Holiday Inn property, and consolidated with the HE zoned acreage by boundary line adjustment in 2002. Parcel 64-A-109 was acquired by Shenandoah University in April 2002. The HE zoned portion of the site is subject to an approved master development plan (MDP), the implementation of which has thus far been limited to Shentel Stadium and related facilities. The approved MDP provides for the development of additional facilities on the site, to include an events center and classroom facilities. In 2003, Shenandoah University completed improvements to Tulane Drive intended to meet the conditions of development indicated by the approved MDP, as well as the future use of the subject acreage. The requested rezoning will ensure the appropriate zoning for the properties owned by Shenandoah University on the east side of Interstate 81 to be designed in a cohesive and contextually compatible manner. Moreover, the HE District is the appropriate zoning designation for the subject acreage given its role supporting the established and planned facilities of the Shenandoah University campus. B. COMPREHENSIVE POLICY PLAN The subject parcels are located within the study area boundaries of the Route 50 East Land Use Plan. The properties are located wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (USA). The Route 50 L� 0 Impact Analysis Statement Shenandoah University — Tulane Drive ( East Land Use Plan does not articulate a particular planned land use for the site, and instead merely identifies the existing zoning of the subject acreage. C. SUITABILITY OF THE SITE Existing Conditions and Use The 132 portion of Parcel 64-A-110 formerly contained the tennis courts used by guests of the adjacent Holiday Inn. These facilities have been removed due to the extension of Tulane Drive into the site, and no other improvements exist on either the 132 or RP zoned portions of this parcel. Parcel 64-A-109 contains a single family detached dwelling that was the original farmhouse for the acreage that is now College Park subdivision. The residential use of this structure has continued under the ownership of Shenandoah University. Arra-,- The subject acreage has approximately 300 feet of frontage along Price Drive, and is further accessed by Tulane Drive, which extends onto the site. The signalized intersection of Tulane Drive and Millwood Pike (U.S. Route 50) is approximately 650 feet south of the site. - Environmental Features The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, flood plain or wetlands/hydrologic soils on the parcels included in this application. Soils The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the majority of the subject acreage fall under the Weikert-Berks-Blairton soil association. The predominant soil type on the site is Clearbrook channery silt loam, 2 to 7 percent slopes (map symbol 913), as shown on map sheet number 36 of the survey. This soil type is not considered prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. D. TRANSPORTATION Ultimate vehicular access to the subject acreage will occur via Tulane Drive and the internal road network of the campus, which allows traffic entering the campus in the City of Winchester to reach the site by a .connecting road that extends under Interstate 81. The internal road network will provide principal short term access to the site, as use of the Tulane Drive entrance will initially be limited to Page 2 4/01/05 Impact Analysis Statement Shenandoah University — Tulane Drive special event traffic. The traffic impacts associated with special events, such as football games and other activities at Shentel Stadium, will be managed effectively with the assistance of local law enforcement agencies. The Tulane Drive entrance is ultimately intended to accommodate day to day University traffic. In accord with VDOT specifications and approval, Tulane Drive has been improved and extended onto the subject site to support anticipated University -generated traffic. Traffic movements at the intersection of Tulane Drive and Millwood Pike will be controlled by the existing four-way traffic signal, and will further be managed by dedicated right and left turn lanes. The existing infrastructure both on and off site will result in adequate transportation facilities to support the impacts directly attributable to the requested rezoning. Indeed, the approved MDP for the HE zoned portion of the site provides for development of the University facilities that will be the principal traffic generators on the site, and further defines the transportation system necessary to serve such uses. The improvement of Tulane Drive and the internal connection under Interstate 81 were the key components of this system, and both are available for use. The requested rezoning will expand the area available for the development of planned facilities and ancillary uses, but will not result in a discernable increase in traffic above what has already been planned and approved. E. SEWAGE CONVEYANCE AND WATER SUPPLY Public water and sewer service is provided to the site by the City of Winchester. The site is served by a 12" water main that extends along the access road from the main campus of the University in the City of Winchester. Shentel Stadium is currently connected to this main by 8" lateral lines. Subsequent development on the site will be similarly served. Sufficient water supply and pressure for domestic and fire protection purposes is available to allow continued development of University facilities on the site. A 24" sewer main originating in the City of Winchester extends onto and traverses through the site. The sewer main crosses Abrams Creek and enters the site at a location generally coincident with the path of the access road, and continues across the site to the College Park subdivision. Shentel Stadium is currently connected to the main by 8" lateral lines. Subsequent development on the site will be similarly served. Sewage generated on the site will be conveyed to the Opequon Regional Wastewater Facility for treatment. F. DRAINAGE The subject acreage naturally drains north to Abrams Creek. It Js anticipated that low impact development techniques together with good erosion control practice t, will mitigate adverse stormwater discharge impacts. Actual specification of Page 3 4/01/05 • Impact Analysis Statement Shenandoah University — Tulane Drive ( temporary and permanent facilities will be provided with final engineering and will comply with all local, state and federal regulations. G. SOLID WASTE DISPOSAL Solid waste generation will vary based upon the ultimate facilities developed on the site and the frequency and scale of special events hosted on the site. Solid waste will be transferred to the Frederick County landfill by commercial carrier. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any potentially significant structures on the subject 1.20 acres or within close proximity of the properties. The subject properties are not located within the study boundary or core area of any identified Civil War battlefield. I. IMPACT ON COMMUNITY FACILITIES Shenandoah University contributes to the high quality of life enjoyed by the Winchester — Frederick County community in ways that are too numerous and diverse to effectively quantify. As a source of educational and cultural enrichment, Shenandoah University strengthens the fabric of our community through the promotion of achievement, understanding, and opportunity. The impacts of Shenandoah University are decidedly positive, and the requested rezoning will facilitate the continued growth and success of this important local institution. The Frederick County Fiscal Impact Model is not applied to HE rezoning requests given the unique nature of institutions of higher learning. Indeed, the planned expansion of Shenandoah University on the site will result in new facilities that will address existing community needs, such as the planned events center, and will not add discernable stress to public facilities, most notably schools. Page 4 4/01/05 SHOWIDOAM lu"WiS1TY ' � t]0S101G , '.a r H aag l �•;�fi E1 q / FOOTBALL STAOM . •C `4 too, t UNNERSHY Owen" 4r, 181 /s� 0.0 •� j ' AP .14 • � • +,``. �• �T�� S % i. .' .• -mow. w.1. r `• .. 't / � y f t + • 1. SHENANDOAH UNIVERSITY Patton, Harris, Rust & Associates, pc ` Lv TULANE DRIVE REZONING �. 117 E. Picadilly St. Winchester, Yrginia 22601 o \ LOCATION MAP O O Q VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, WRGINA • • AH Ty // VIn1lu,li ;qv n, Ait I ; ----E)( \` a ID( ZONE: B2 _-- `,w' `' �PRbP►,`�bNE:� UNCHANGED \ r HOLIDAY I (JMMYS ST) 0 .0 Ob \-, SHENANDOAH UNIVERSITY Patton, Harris, Rust &Associates, pc ` 3 TULANE DRIVE REZONING o \ I — 117 E Picadilly St_ Winchester, Virginia 22601 SITE CHARACTERISTICS O O a VOICE: (540) 667-2139 FAX: (540) 665-0493 TEEDEPICK COUMTY MCMiZ4 • 0 II IMPACT ANALYSIS III FREDERICK COUNTY IMPACT MODEL vii TAX TICKET • CJ 02 FRD FREDERICK CO ••- • • SHAWNEE Rec# 20736 1 SHENANDOAH UNIVERSITY Map No Acct 23272 1460 UNIVERSITY DR GIS# INCHESTER, VA Acreage .62 Clas 76 22601 ----------------------------------- ---------------------------------------- 62 ACRE . p Property Location 00000 PRICE DR -C� Parent R#/M#• Assessed Value Year 1/01/2005 Type Land 61,000 H/S-C369 Impr 133,800 Minrl •• :11 Use Front Depth Dp Fac Min Val Under Dev- Land Use & Value Acres Price 0.62 55,000 Adj Value 61,000 Area Unit Rate Adj Min Val Not Under Dev- 02 FRD FREDERICK CO ••- _ SHAWNEE Rec# 20737 1 SHENANDOAH UNIVERSITY Map No C/O BUSINESS OFFICE Acct 23273 60 UNIVERSITY DR GIS# WINCHESTER, VA. Acreage 22.18 C1 s 76 - 22601 5100 --------- ------------ ---------------- 22.18 ACRES ,P Property Location: 01 122 RALPH SHOCKEY DR _ Parent R#/M#: Assessed Value Land Use & Value Year 1/01/2005 Type Acres Price Adj Value Land 554,500 OTHER ACR 22.18 25,000 554,500 Impr 519,300 Minrl Use Front Depth Dp Fac Area Unit Rate Adj Enter Next Screen F1 Return to Search F3 Exit F12 Next Record F24 More Keys m > .� .a o u �o A N N m 0 H 0 >W orn•A4j 0 o G (0 0 r+ (D �r x X1 C) 0 W U). c m 0 foz° mad Vy r_ x Uro E--0 E n s OREOORY P. iUTCFYN;ON >TTOR Y AT LAW '4 B. HFiADOOCK ST. �CHEHTFii, VA 22D01 r� THIS DEED, made and dated this �? day of 2002, by and between WILLIAM F. CARL, JR. and BETH L. CARL, husband and wife, hereinafter called the Grantors; and SHENANDOAH UNIVERSITY, a private accredited and non-profit institution of collegiate education within the Commonwealth of Virginia, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English Covenants of title unto the Grantee, in fee simple, the following property: All of that certain lot or parcel of land, together with all rights, rights of way, improvements thereon and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 0.619 acres, and being more particularly described by that certain plat and survey drawn by H. Bruce Edens, C.L.S., dated August 20, 1970, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 372, at Page 145, and further being more particularly described by that certain plat and survey drawn by H. Bruce Edens, C.L.S., dated November 7, 1985, of record in the aforesaid Clerk's Office in Deed Book 605, at Page 823; AND BEING the same property conveyed to William F. Carl, Jr. and Beth L. Carl by deed dated June 16, 1993, from William F. Carl, Jr., of record in the aforesaid Clerk's Office in Deed Book 798, at Page 1664. FURTHER, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do further quitclaim, release and convey unto the Grantee, its, successors and assigns forever, all of their right, title and interest, in that certain ten foot right of way or easement for purposes of ingress and egress to the hereinabove described property from J tD C.J o to Princeton Drive, as more fully described in that certain Agreement dated December 23, 1970, of record in the aforesaid Clerk's Office in Deed Book 372, at Page 237, and as shown on the aforementioned plat of H. Bruce Edens, C.L.S., dated November 7, 1985. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signatures and seals: (SEAL) WILLIAM F. CARL, `,-� Z .pL` SEAL) BETH L. CARL STATE OF VIRGINIA, CITY/COUNTY OFn� The foregoing instrument was acknowledged before me in my aforesaid jurisdiction this �_ day of Q , 2002, by William F. Carl, Jr. and Beth L. Carl. My Commission Expires: Anna Roberta Campbell�_� NOTARYPUBLIC NOTARY PUB C Commonwealth of Virginia My COmmisslaa Exptres 10131/05 VIRGINIA: FREDI$M COUNTY, SCi This instrument of rvrit8ia vvat prodtw6d to we as `I, -,+y MMOCIRY F. HUTorunnoni ATTORNEY AT LAW +nd %x4th certificate of admawledgement thereto Ana vvas admitted to record. Ta im tied _ " u P� try Set_ 38.1-802 of : w : o - 24 a. BRAOOOOC ST. NC I!9n!A. VA22e01 ,and 58.1-80211ve •��' -, 1>etn paid, if aaaeasaW 0 i40 • VI SURVEY PLAT & DEED 020008384 THIS DEED made and dated this 5-ru day of April, 2002, by and between APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP, a Virginia limited partnership, parry of the first part, hereinafter called the Grantor, and SHENANDOAR UNIVERSITY, a Virginia non -stock corporation, which is a private accredited and non-profit institution of collegiate education within the Commonwealth of Virginia, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10,00) Dollars, 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 special warranty of title unto the Grantee, in fee simple, absolute, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, at the nurthern terminus of Tulane Drive (Virginia Route 797) containing 3.973 acres and more particularly described as Parcel "A" on that certain plat of survey drawn by H. Bruce Edens, Land Surveyor, dated October 24, 2001, attached hereto and by this reference made a part hereof as if set out in full and being a portion of the same land conveyed to APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP by deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, Deed Book 624, Page 504, This conveyance is made subject to all rights of way and restrictions of record affecting the subject property and particularly those easements set forth on the aforesaid attached plat which ate by this reference made a part hereof as if set out in fu11, The Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such fimher assurances of title as may be requisite. WITNESS the following signature and seal. GRANTOR: APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP, a Virginia limited partnership By: SAVOY CONSTRUCTION CO„ INC., a Maryland corporation, its general partner By: 4—,SEAL) Name: Saul H. Bemstein Title; President STATE OF MARYLAND, OF TO-WIT; a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Saul H, Bernstein, President of SAVOY CONSTRUCTION CO., INC., a Maryland corporation, a general partner of APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP, a Virginia limited partnership, whose fl name is signed to the foregoing Deed, dated April b-& , 2002, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this jL day of April, 2002. My Commission expires Q Q� �� e, r NOTARY JBLIC ,r i� MARSH & LEGGE LAND SURVjE19RS, T)L.0 560 North Loudoun Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshandlegge.coni The accompanying plat represents a survey of Parcel "A", a portion of the land conveyed to Apple Blossom Properties Limited Partnership by deed dated August 4, 1986, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 624, at Page 504. This property, designated as Parcel "A" on the plat, is a portion of?arcel 2 of the said. land and lines at the intersection of Tulane Drive, Princeton Drive and Harvard Drive in Shawnee Magisterial District, Frederick County, Virginia, and is bounded as follows: "Beginning at an iron rod found in Cie east line of Interstate Route 81 at the northwest corner of the Beck Company land; thence with the east line of Interstate Route 81, N 04103' 45" W — I48.52 feet to a concrete monument found; thence with another line of _siterstate Route 81 N 170 44' 41" W — 95.17 feet to an iron rod found in the south line of the Shenandoah University land; thence with the said land S 70' 05' 08" E — 624.74 feet to an iron rod set in the west line of Lot 210, Pembridge Heights Subdivision; thence with the said lot S 09' 3 V 48" W — 19.77 feet to an iron rod. set at the nortJwest comer of Lot 211; thence with the said lot S 25' 22' 02" W — ~ 29.00 feet to an iron rod set; thence with the west line of Lot 211 and continuing with the west , line of the Carl land S 02' 34' 05" W—179.34 feet to an iron rod set at the southwest comer of the Carl land; thence with the south line of the Carl land S 86' 35' 22" E—179.26 feet to an iron rod set in the west line of Price Drive; thence with Price Drive S 030 16' 41" W—169.21 feet to an iron rod set at the P.C. of a fillet curve; thence with the fillet curve 23.27 feet (Radius = 20.00 feet) to an iron rod set at tie P.T. of the curve, in the north line of Harvard Drive; thence with 0 Harvard Drive S 70' 02' 01" W—106.75 feet to an iron rod set at the P.I. with Princeton Drive and Tulane Drive; thence with the end of Tulane Drive N 63' 04' 59" W — 55.02 feet to an iron rod set at fic ene. of " ul.ane Drive; t:aence with the west ."ine of Tutane Drive S 020 35' 05" W -• 5.17 feet to an iron rod set at the northeast corner of the other land of Apple Blossom Properties Limited Partnership; thence with the north line thereof, N 69' 17' 35" W -- 16.94 feet to an iron rod set at the southeast comer of Parcel `B" for the three following lines: N 02' 34' 05" E — 130.10 feet to an iron roc set; thence N 30' 09' 36" W — 33.65 feet to an iron rod set; thence N 620 53' 18" W — 283.18 feet to an iron rod set in the east line of the Beck Company land; thence with the two following lines of the Beck Company land: N 120 57' 13" E = 21.91 feet to an iron pin set; thence N 69' 13' 18" W — 274.41 feet to the beginning." Containing ....... 3.973 Acres Surveyed ......... October 24, 2001 OF BRUM EDENS W. 000162-8 rl a dq I� T L uw .r4Ar rr il.- ������ �✓ E I �1 1 /1 G Il ,r 4$ UtYraraitp:/ — p PEMBRIDGEI Va„ \ _An p /1 t4,rr�ss ry ito�' - G Y i FY Fi C�/ fka Em LANE l VTR 'f 3M.q IPW!! Ck N G is MILLER iST u� •n iy 3 VICINITY MAP �i HEIGHTS SCALE: 1"-2000" ' I, � APPROVED BY, y n I I SUBDIVISION ADMINISTRATOR I �G1 DATE II OWNERS' CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF SHENANDOAH UNIVERSITY (FORMERLY SHENANDOAH COLLEGE, INC.) AND THE LAND OF APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP, AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, I PROPRIETORS, AND TRUSTEE'S, IF ANY. ,I 9HENAN00AH UNMRSITY APPLE BLOSSOM PROPERTIES LIAIM PARTNERSHIP By Z ( By 01+. II Di.. NOTARY PUBLIC NOTARY PUBLIC STATE OF —L�ti:. j, STATE OF CITY16eWP� OF CITY OUN OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED THE FOREGOING INSTRUMENT IVAS ACKNOWLEDGED BEFORE ME ON �S`, gdU Z BEFORE ME ON (DATE) (DATE) c-ha.e.Q� Iil I'I BY � � o��� , �� • �• D-w BY / • '', woN BEHALF OF i I ON BEHALF OF SHENANDOAH UNIVERSITY. APPLE LOSSOM PROPERTIES LIMITED PARTNERSHIP. I (NOTARY PUBLIC) (NOT PUBLIC) I M.. Y COMMISSION EXPIRES g, 3a10� MY COMMISSION EXPIRES o26 0.3 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY UNE ADJUSTMENT IS BETWEEN THE LAND CONVEYED TO SHENANDOAH UNIVERSITY (FORMERLY SHENANDOAH COLLEGE, INC.) BY DEED DATED 2 NOVEMBER 1982 AND THE LAND CONVEYED TO APPLE BLOSSOM PROPERTIES I LIMITED PARTNERSHIP BY DEED DATED 4 AUGUST 1986, SAID DEEDS RECORDED IN 7HE OFF7CE OF THE CLERK OF FREDERICK COUNTY, WRGINIA IN DEED BOOK 553 AT PAGE 317 AND DEED BOOK 524 AT PAGE 504, RESPECTIVELY. i III 11 FINAL PLAT BOUNDARY LINE ADJUSTMENT LTii OF BETWEEN THE LAND OF �, r 1 SHENANDOAH UNIVERSITY (FORMERLY SHENANDOAH COLLEGE, INC.) AND THE LAND OF APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DAiE' 15 APRIL 2002 SHEET I OF 3 H- BRUCE EDENS No. 000162-B LAND SURvF'�� Marsh & Legge Lanc Surveyors, ?.L.C. 560 NORTH LOUDOUN STREET - WINCHESPER, VIRGINIA 22601 i' DRAWN BY: HH PHONE (540) 667-0488 - FAX (W) 667-0469 - office0musdandlegge.com I DWG NAME: ID4075 rL5 766 SEE SHEET 3 OF 3 FOR LINE TABLE,�,"CURVE TABLE AND NOTES.� � Es S7 '052•E-0 100 200 400 GRAPHIC SCALE IN FEET 1 "=200' v ki !� o; �Q J� P.I.N. 64-A-110 I 22398 ACRES (ADJUSTED AREA) I J 18.425 ACRES (ORIGINAL AREA) a �o J SHENANDOAH UNIVERSITY (10 (FORMERLY SHENANDOAH COLLEGE, INC.) Q DB 553 - P 317 J ZONED: HE USE.- FOOTBALL STADIUM I 3 PARCEL F LOT 209 E1 - DB 372 R P 237 L H� Ter vgcglFD �� i" LOT 210 cn E2 - EX. 10' WA ESM-T a (A/ _ DB 335 - P 546 ry / a LLin LOT 211 L P.I.N. 64-A-107 E L20 Lll � 1.127 ACRES (ADXSTED AREA) L12 a 5.100 ACRES (ORIGINAL AREA) L1 E APPLE BLOSSOM PROPERTIES L19 I(E1 LIMITED PARTNERSHIP 3 $i L13 OB 624 - P 504 'V69ys " L1 11 j F If L16 L15 00, 270 ZONED: B2 USE COMMERCIAL (MOTEL) O K' L1 ^ L14N ORI� FINAL PLAT PR1N 01V BOUNDARY LINE ADJUSTMENT crQ3 �W \ TH OF BETWEEN THE LAND OF SHENANDOAH UNIVERSITY (FORMERLY SHENANDOAH COLLEGE, INC.) AND THE LAND OF APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP H. BRUCE EDENS SHAWNEE MAGISTERIAL DISTRICT No. 000162-B FREDERICK COUNTY, VIRGINIA 4-11 �O1 DATE.• 15 APRIL 2002 SC,4LE: 1"=200' SHEET 2 OF 3 t�kD SURVE�04 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH IAUDOUN STREET - WINCHESTER, VIRGIMA 22601 DRAWN BY: HH PHONE (540) 667-0466 - FAX (540) 667-0469 - o(1ice0manhandlegge.com DWG NAME: ID4075 I INV TAR/ F LINE IDIRECTION DISTANCE Ll N125713 E 178,09 L2 N125713 E 21.91 L3 N691318 W 274.41 L4 N1 T44 41 W 107. 74 L5 N30V6 20 E 119.44 L6 N202 27 E 25.70. L7 N22'14 34 E 22.06 L8 S5638 11 E 13.61 L9 S0931 48 W 19. L10 S2522 02 W 29.00 L11 S0234 T5 W 179.34 L12 S863522 E 179.26 L13 S0316 41 `W 169.21' L14 S70102 01 "W 106.74 L 15 N63104 59'W 55.02 L16 S0235 05 W 5.17 L17 N69i735 W 16.94 L 18 NO2'34'05"E 130.10 L 19 N30709 36 W 33.65 L20 N62 5318 W 283.18 A� PIN 54-A-141A SHENANDOAH UNIVERSITY 08 656 - P 256 ZONED: HE USE: VACANT 0 PIN 54-A-141 WINCHESTER GOLF CLUB ZONED: RA USE: GOLF COURSE © PIN 64-A-109 WILLIAM F. CARS, JR. k BETH L. CARL 08 79B - P 1664 ZONED: RP USE: RESIDENTIAL DO PIN 64A-3-A APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP OB 595 - P 295 ZONED: 82 USE: COMMERCIAL/A40TEL O PIN 64-A-107A BECK COMPANY 08 418 - P 660 ZONED: B2 USE. COMMERCIAL/MOTEL NOTES, 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. BOUNDARY INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON OCTOBER 25, 2001 ORIENTED TO PLAT OF SURVEY DATED APRIL 11, 2001 MADE BY DOUGLAS C. LEGGE, L.S. 4. IRON RODS -FOUND OR SET AT ALL LOT CORNERS. FINAL PLA T BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF SHENANDOAH UNIVERSITY (FORMERLY SHENANDOAH COLLEGE, INC.) AND THE LAND OF APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.- 15 APRIL 2002 ) 1 SHEET 3 OF J ) o�-%r' TH OF yr I- BRUCE EDENS No. 000162-B l�ND v Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGH41A 22601 DRAWN BY: HH PHONE (540) 887-04 VIRGIPHA: FREDERICK COUNTY, SCT. DWG NAME: 104075 Ibis instrument of writing was produced to me on and vAh certificate of acknowledgement thereto annexcu was admitted to record. Tax imposed by Sec 5&1-802 of dt� $ ILJsiZf farad 58.1-801 have been paid, if assessable �a Clerk CD N 6 Lt --A - I l 91. 7 I WNMr / NrrlAr �t Y 1y MrM�K MMti *2600 * � L. FRANKLIN SEAL, ET UX TO: DEED SHFNANDOAH COLLEGE S CONSERVATORY OF MUSIC * + I1 I POOK 553 ?nE 31.7 THIS DEED, made this --Ir day of ,-;.Ie , 1982. between L. Franklin Seal and Emily J. Steal, his wife, of the one part, hereinafter called the Grantors, and Shenanaoah College and Conservatory of Music, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars 010,00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and lappurtenances thereto belonging, all of that certain tract or parcel of land containing 18.426 acres, more or less, situated along the Eastern side of Interstate Highway No. 81, just East of Winchester, in Shawnee District, Frederick County, Virginia; being the same property which was conveyed to the Gr_ntors hersin by deed from Francis P. Lages and Blanche A. Lages, Us vife, dated December 1, 1976, and recorded in the Office i� Of the Clark of the Circuit Court of Frederick County, Virginia in Dead Book 457. at Page 66. The Grantors herein do also convey any and all interest which they have in and to that sixty foot (60') wide right of way as described in that certain Deed dated December 1, 1976 land recorded in the aforesaid Clark's Office in Deed Book 467 at Page 68. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, if any, affecting F Iehe aforesaid realty, 318 �ceK 553 318 WITNESS the following signatures and seals: (SEAL) ran n Sen ' e f e �/,[(SEAL) al Emily J.Vs STATE OF VIRGIN A, C+ OF wkI t-L4d , To -wit: I. r-c M•-���GKS n Notary Public of and for, the State and cforesaid, do certify that L. Franklin Seal and Emily J. Seal, his wife, whose -tames are signed to the foregoing writing, bearing date on the c2,-- day of ^JOv4—%%� 1982, have acknowledged the same before me in my State and C' i aforesaid. � Given under my hand this oZ- 4 day of /Vb ,,�c� 1982, My commission expires u" \ J , ARY`�'� Notary' is 8t-\G.�r= iul�7lNa[1 FREDzaI—.'- CJU:II'Y, S.^.:. This instrument of writing was produced to me on the iC' d clay 1S_&-;k&t - and with certificate of ecicnowlacSQmeut th9reto anni00�� adrnitt;xi to record. Tar. imposed by Sagof and 53-54 have been paid, /ItMy1� M W 2 - i 1 e� El zi 13869 RA,\C:S P. LAGES. ET UX TO: :: :: DFED • L. FRA:.FL1N SEAL, ET Uv • THIS i,'EU made and dated this 1st day of December, 1976. by and between Francis P. Loges and Bla:.che A. Lages, his wife, parties of the first part, and L. Franklin Seal and Family J. Seal, his wif., parties 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 and convey unto the parties of the second part, their heirs and asaigns, a right of way over and upon that certain strip or parcel of land sixty (60) feet in width, extending Northward from Harvard Drive and then curving Nor, ...tward to the land of the parties of the second i part as shown upon the plat attached hereto , for the ben `it of, and for {I ingreai and ogre a to and fra_ that certain tract or parcel of land contain- ) ing 18.42, acres, more or lase, situated along the Eastern side of Interstate Highwav N(o. 81, just eat of Winchester, in Shawnee District, Frederick County, Virginia, which is owned by the said parties of the second part, w;.ich said right of way extends c or and uyon a portion of that certain larger tract or parcel of land that was conveyed to the said Francis P, i.ages,' at ux, by sea L. Resent. cger, by deed dated November 16th, 19, -•A of record in the Clark's Office ci u.e ;ircuit Court of Fr '..'ck County, Virginia, in Dead B )k No. 203, page 134. It is mutually understood and �grc d that said right of way eh id and enjoyed in cummon by the parties u, the first part, hair heirs and assi,ns, and the parties of the second part, their heir_ and asaigns It is further mutually understood and agree) tfar in the event either of the parties hereto should desire to dedicate said right of way as a public street or thoroughfare, the otter parti,u will join in any dead or other instrument of writing that may be necessary in order to accomplish and per- fect :.Aah dedication. As part of the consideration for this grant of right of wa)r the partiu of the second part covens:.t end agree that -.,,y autdivision or developmsnt of said land, and/or Salt of lots therein, shall restrict the use thereof to residential purposes only, and seine contain an additional 1 restriction that not more than one single family dwelling may be constructed b9 -- -------- --- --------- • It 1 x i, �on any lot therein. It is further mutually covenanted and agreed that in the event the parties of the second part should sell and convey said tract of land to any other person or persons the deed shall contain the privileges and re- strictions herein set forth. it is expressly stipulated, understood and agreed that Frank L. Clevenger and Jane A. Clevenger, his wife, may have certain easements I.ffect- ing the within described right of way in connection with their acq,�iaition from the parties of the first part of a let containing 0.619 acre, more or sage, by dead dated December loth, 1970, and of record in the aforesaid Clerk's Office in Deed Book No. '\72, page 143, and that certain svpplemental i agreement dated December 23rd, 1970, and of record in sai.: Clmrk'e Office I in Deed Book No. 372, page 237, and that said parties of the first an second parts shah. Pe equally responsible for any damages th+t may be legally avard;d to said Frank L. Clevenger and Jane A. Clevenger, their heirs and assigns, by a Court of competent Jurisdi::ion, or by arbitration, arising from the use or improvement of said right of way uy nither, or both, of Said parties of the first and sa�ond -arts. Witness the following signatures and seals. LLiyCs<I i/ Ala- _:Seal) 1 F-encis F. Lags (Seal) Blanche A. Lagos UJa (Seal) L. Franklin SaAL F4oL1yOJ anal State of Virginia County of Fredarick, to -wit: I, �,tWO.�• �A� , e. Notary public in and for Ithe County of Frederick, in the State of Virginia, do hereby certify that Francis P. Lager and Blanche A. Lagos, his wife, aad L. Franklin Seal and 01 70 ecc< 57 FAa 70 „ly J. Beal, his wife, whose names are signed to the i)regoint writing aring date of December lat. 1976, have personally appeared bafore cs, in Cc�nty aforesaid, and acknowledged the same. Given under my hand this lot day of December, 1976. My commission expires U :Ell* d, AG2 2 422 lgAh" Notary P06lic U F ------------- E-A T2 ;I 'I V�R3[iV,f► FAe^WAIC:: CJU:1rY, .icr. i jn:;rumant o w6un_g/wa: p,vduced to m ou the day of l 19'1(�_, a • oP/I an „nth certificate of acknow13dgment thereto anne<od was admitted to rocord. Tax ,m jusad uj S3c. zid•j4.1 of s.f—c-p, and 54-54 have been paid, if assessable. J Z� t Clerk. i 1 I[, #�930 FRANC IS P. LAGES, ET UX TO: AGREEMENT FRANK I. CLEVENGER, ET UX 6u -A - toy ?^�, 372 237 THIS AGREEMENT, made and dated this 23rd day of December, 1970, .by and between Francis P. Ipges and BL?nche A. Lages, his wife, parties of the first part, and Frank I. Clevenger i and Jane A. Clevenger, his wife, parties of the second part. WITNESSEIM : That for vs luable consider,, tions , the said I parties of the first part do hereby grant unto the said parties of the second part a right of way, more particularly described j by that certain pL-3t and survey, prepared by H. Bruce Edens, C. L. S., dated Alla,st 20 , 1970, hereto attached and j by this reference made a part of this agreement, which right of way has a width of ten feet. It is agreed that the purpose of this right of way shall I be for the ingress and egress of the said parties of the second part, and the said parties of the.first part shall have the I right to relocate the said right of way, provided that ingress I and egress is made avaiLible to the property described by the j aforesaid plat and survey. j WITNESS the following s igna tures and seals the date first above written: / (SEA L) Francis P. Lages Blnnche A. Liges STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: c..uarxr. nvu.:neua I, ,� , a Notary Public of h LAHRWH and for the County and State aforesaid, do hereby certify that j i 372 IAI 238 Francis P. Uges and Blanche A. lages, his wife, whose names are signed to the foregoing instrument, benring date of the 2.1rd day of December, 1970, have personally appeared before me in my County aforesaid and acknowledged some. �7 My commission expires / Given under my hand this -'day of December, 1970. g'l jTgZ4�� '� N ary Public LARORNT. ANUkRRONI & T.AnmcK WA,r,1R.rr. x, V....... 5C eooK 37.2 PACE 239 RETAINED PORTION 86044' 3TE — 180.60' OM PIN —S I - IRON PIN I I Ia1 � h O'a �o r in 8 PERRY 1��1 w • BRED 10 LO - LAND a 1 00, i z . c I w I V, N W < Iin -41 J N 4/ Z'C' 1 1.--104.16' I. IRON PIN---- PT. OEM.; I - - N86o443 W — 179.06' - - - — f' IRON PIN / RETAINED PORTION I IM J � 21.63rARC _. — / SCALE ' — _----- ETAINED PORTION D p so 00' f2' 4.16' jCM - 84.79' N44-44'41-E III � I The above plat represents a survey of a I III Lages portion of the land conveyed to Francis P. MM 13 by deed dated 15 November 1947 and recorded in it the Frederick County Court Clerks Office in Deed IC p► H Ix Book 203 at Page 134 • I¢ The said portion, improved by a dwelling and a shed, is located in Shawnee District, Frederick L__a pRCounty, /H Virginia and is bounded: _ Cc -0 Beginning at an iron pin in the East line of QR Perry Land (said pin can be found by measuring N 02 dog. 40 min. E - 2C8.19 ft. from a post, p., corner to said Perry Land in the -North line of the --tt ,ILAI.'ftf holiday Inn Land); thence with the said I� get line V II. �•iJ�! �'ha of the Perry Land N C2 deg. 40 min. 00 sec. E - 541i (.)l02 150.01 ft. to an iron pin; thence with three new division lines of the Retained Portion as follows: LA��� S 86 deg. 44 fin• 39 sec. E - 180.60 ft. to an n A t! W iron pin; thence S 03 deg. 15sin. 21 sec. - 1S0.00 ft, to an iron pin; thence N 86 deg. 44 min. _. 39 sec. W - 179.C6 ft. to the beginning. Containing................0.619 Acres Surveyed..................20 August 1970 239 1'1' 6tA-Ar -[o4 LAIMENT. AN IIk IINON h i.Aneu•e IT w ............. 11■iF■if 1F***'*11*iF./*ii iF *i4.F.fA*il MiF 1F*Nli #2894 FRANCIS P. LAGFS, ET UX T0: :: DEED FRANK I. CLEVENGER, ET UX ^_, r 372 1-13 THIS DEED, made and dated this /0 day of November, 1970, by and between Francis P. Lages and Blanche A. Lages, his wife, parties of the first part; and Frank I. Clevenger and Jane A. Clevenger, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, receipt of which is hereby acknowledged, the said parties of the first part do hereby grant and convey, with general warranty of title, unto the said parties of the second part, jointly, in fee simple, as tenants by the entireties, with the common law right of survivorship, all that certain lot or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, lying and being situate in Shawnee Magisteri d11 District, Frederick County, Virginia, more particularly described by plat and survey of H. Bruce Edens, C. L. S., dated August 20, 1970, hereto attached and made A part hereof, as follows: Beginning at an iron pin in the East line of the Perry land (said pin can be found by measuring N 02 deg. 40 min. E - 208.19 ft. froma post, corner to said Perry land in the North line of the Holiday Inn Land); thence with the said East line of the Perry land N 02 deg. 40 min. 00 sec. E - 150.01 ft. to an iron pin; thence with three new division lines of the Retained Portion as follows: S 86 deg. 44 min. 39 sec. E - 180.60 ft. to an iron pin; thence S 03 deg. 15 min 21 sec. W - 150.00 ft. to an iron pin; thence N 86 deg 44 min. 39 sec. W - 179.06 ft. to the beginning; containing 0.619 Acres; and being a portion of the same realty conveyed to Francis P. lages by deed of Asa L. Rosenberger, Widower, dated November 15, 1947, of record in the CIrk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 203, Page 134, to which !0rr 372 i,+'.i 1.14 deed and the references therein, reference is here made for a more particular description of the property hereby conveyed. This conveyance is made subject to the covenants and restrictions, easements and rights of way, if any, duly recorded and enforceable, affecting title to the said property. The said parties of the first part covenant that they have the right to convey the said property; that the said property is free of any encumbrances; that the said parties of the second part shall enjoy quiet possession of said property; and the said parties of the first part will execute such further assurpnces of title as may be requisite. WITNESS the following signatures and seals the date first above written: LAHORNT, ANTI Y.IInury l4 LAuu1CR W.. ...r... v..��...+ (SEAL) if Francis P: Ir ges rt_(SEAL; Blanche A. L'nges S TA TE OF V IR G IN IA , - COUNTY OF FREDERICK, to -wit: , a Notary Public of and for the County and State aforesaid, do hereby certify that Francis P. 1-ages and Blanche A. Lages, his wife, whose names are signed to the foregoing instrument, bearing date of the �� day of Nevee+rT ,, 1970, have personally appeared before me in my County aforesaid and acknowled ed same. DSy commission expires �� day of Aksvamber, 1970. Given under my hand this �_ Y Notary Public .2- PERRY LAND I OWN PIN r— 600K 372 rAu 1.45 S 86044' 39"E — 180.66 MN PIN O a rr ' ID1tED O 0W 1 (V N r I• Z � I r I PINl PT am. � _�IRON "W IRON PIN N 86044' 39—179.06' RETAINED PORTION RETAINED PORTION SCALE D 40 so The Above plat represents a survey of A portion of the lAnd conveyed to Francis 1' LAges by deed dated 15 November 1947 And recorded in the Frederick County Court Clerks Office in Deed Pook 203 at Pnge 134• The sAid portion, improved by a dwelling And A shed, is located in Shawnee District. Frederick County, Virginia and is bounded: Peginning At An iron pin in the F+st line of the Perry Land (&Aid pin can he found by mCAsuring N 02 deg. 40 min. E - 208.19 ft from A post, corner to said Perry LAnd in the North line of the Holidry Inn L^nd)I thence with the slid F-st line of the Perry Land N 02 deg. 40 min 00 sec. F - 150.01 ft to An iron pin: thence with three new division lines of the RetAined Portion As follows: S 86 deg 44 min. 39 sec. E - 190.6C ft. to an iron pin; thence S 03 deg. lj min. 21 sec. W - 15Q.00 ft. to An iron pin; thence N 86 deg 44 min 39 sec. W - 179.06 ft. to the beginninf. ContAining. ...........0.619 Acres Surveyed . ...............20 August 197C NLT)tb)16',2c,-1 CJJ.Iry, oCl. ��T..is inslrurnenl wriGuq was produced to me 0.e they BRUtEI 1 d.y of �, ls2o.er �, .Cand with ccrtiit�ata of acknowl.dgmeat thereto annexed was ?admitted torocord. Tax unoo59d by Sec. rld-i4.1 of t 54.17.3o , and 5.,•54 havo been paid, if asse.,eable. 4. W...cR f'1L�a �y-A -!oq TATE OF VIRGINIA OUNTY OF FREDERICK, to -wit: I, Dorothy G. Barrett, a Notary Public, in and for the County of Frederick, in he State of Virginia, do hereby certify that Walter 0. Beatty and Gertrude L. Beatty, is wife, whose names are signed to the foregoing writing, bearing date the 13th day of ctober, 1947, personally appeared before me and acknowledged the same in my County and State aforesaid. My commission expires July 28, 1949. Given under my hand this 5th day of November, 1947. DOROTHY G. BARRETT Notary Public i IRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 17th d ay of November 1947 at i 1:05 P.M., and with certificate of acknowledgment thereto annexed was admitted to record. V/ FDA CLERK i #1656 # ASA L., ROSENBERGER # TO DEED # FRANCIS P. LAGES ET U% # -I�►� THIS DEED made and dated this 15th day of November, 1947, by +I and between Asa L. Rosenberger, a widower, party of the first part, and Francis P. Lage 4 - ,\, and Blanche A. Lages, his wife, parties o:f the s-econd part. ib WITNESSETH: That for and in consideration of the sum of Ten � t r\�\ Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the X i receipt of all of which is hereby acknowledged, the said party of the first part does hereby grant, sell, and convey, with general warranty of title, unto the parties of the second part, jointly and in equal proportions, a certain tract or parcel of land contai - ing 114.3 acres, together with all improvements and appurtenances thereto belonging, lying and being situate about one mile East of Winchester in'Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land f 4' which was conveyed to the said Asa L. Rosenberg.er by'Nannie B. Chamberlin and husband, by deed dated March 15, 1909, and of record in the Clerk's Office of the Circuit Court 135 I this reference incorporated in this deed. The aforesaid grantor covenants that he has the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free free from all encumbrances; that he has done no act to encumber the said land; and that he will execute such further assurances of said land as may be requisite. Witness the following signature and seal. ASA L. ROSENBERGER (SEA: STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: I, L. W. Riley, a notary public in and for the County of Frederick, in the State of Virginia, do hereby certify that Asa L. Rosenberger, whose name is signed to the foregoing writing bearing date of November 15th, 1947, has personally appeared before me in my county aforesaid, and acknowledged the same. Given under my hand this 17th day of November, 1947. Yy commission expires August 13, 1951. L. W. RILEY se Notary Public E L ME R LAM P REVENUE ST94PS �VANC HEJ7EQ $17.60 , a 9 GOLF COURSE CANCELLED # Z le 17 y 1• � I� AaRn s CR[[/c O /d .3 "4 N Fn ,eAj JY.Sq L,-(�OSENBE,eGE� f,1,4 Al k ^1 ILL EII FAIN OF ASA L. ROSENBEIGER On October 30, 1947, I surveyed the above tract of land, located on the north side of U. S, Highway No. 50, and situate in Frederick County about 1 mile east of Winchester, Virginia. It is bounded as follows: Beginning at (1) a post at the intersection of the north boundary of Highway No. 50 with the west side of a lane to the farm of A.'L. Rosenberger; thence with the fence and other land of A. L. Rosenberger, N 74 deg. E 616 feet to (2) an east gate post in fence line, corner to Rosenberger's other land; thence N 631 deg. W 12 feet to (3) a west gate post in fence line of Rosenberger's other land and corner to Perry; thence with Perry, N 8& d!eg. E 387.5 feet to (4) a post at bend in fence; thence N 282 deg. E 29 feet to (5) a post at bend in fence; thence N 141 deg. E (with Perry for 19 feet and then with the old Bean! Farm) 1298 feet in all to (6) a point in the center of Abrams Creek, corner to the old - I Bean fare: and Elmer Lamp.; thence with Abrams Creek for the following 13 courses and with Lamp: S 73 deg. E 48 feet to (7) thence S 384 deg. E 94 feet to (8) thence S 802 1 deg. E 77 feet to (9) thence N 761 deg. E 84 feet to (10) thence S 42 deg. E 140 feet to (11) thence N 751 deg. E 115 feet to (12) thence S 611 deg. E 132 feet to (13) thencd S 852 deg. E 156 feet to (14) thence S 86 1/8 deg. E 270 feet to (15) thence N 742 deg. E 1�7 feet to (16) thence N 791 deg. E 85 feet to (17) thence N 66 deg. E 1�0 feet to (118) thence S 562 deg. E 84 feet to (19) a point in the center of Abrams Creek opposite a Willow on the -east bank; thence S 58 deg. E 217 feet to (20) a Willow stump on the north bank of said Creek, corner to Elmer Lamp and the Winchester Golf Club, said point being i 59 feet north of a Chestnut Oak just south of the Creek; thence crossing Creek and with the Golf Club and then with tiller, S 32 deg. E 2933.51�' feet to (21) a stake in the nort - east corner of A . L. Rosenberger's Subdivision; thence with the subdivision for 3 courdIes: N 75; deg. W 452 .5 feet to (22) a stake; thence N 57 deg. W'2060.3 feet to (23) a stak� 50 feet east of a fence on the west side of the entrance road to Rosenberger's farm and ✓ I northwest corner to afore -named subdivision; thence S 3 deg. W 331.7 feet to (24) a stake in the north boundary of Highway No. 50, southwest corner to Rosenberger Sub- division; thence with the north side of said highway, N 57 deg. W 55.3 feet to the of beginning; containing 114.3 acres, more or less. RICHARD U. GOODE CERTIFIED SURVEYOR VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 18th day of November 1947 at 12:40 P.M., and with certificate of acknowledgment thereto annexed was admitted cam;, to record. 020008384 THIS DEED made and dated this ` -ru day of April, 2002, by and between APPLE BLOSSOM PROPERTIES LIMITED PARTNER8111P, a Virginia limited partnership, party of the first part, hereinafter called the Grantor, and SHENA.NDOAH UNIVERSITY, a Virginia non -stock corporation, which is a private accredited and non-profit insti[ution of collegiate education within the Commonwealth of Virginia, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and inconsideration of the sum of Ten ($10,00) Dollars, 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 special warranty of title unto the Grantee, in fee simple, absolute, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, at the northern terminus of Tulane Drive (Virginia Route 797) containing 3.973 acres and more particularly described as Parcel "A" on that certain plat of survey drawn by H. Bruce Edens, Land Surveyor, dated October 24, 2001, attached hereto and by this reference made a part hereof as if set out in full and being a portion of the same land conveyed to APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP by deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, Deed Book 624, Page 504, This conveyance is made subject to all rights of way and restrictions of record affecting the subject property and particularly those easements set forth on the aforesaid attached plat which are by this reference made a part hereof as if set out in full, The Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such &TTher assurances of tide as may be requisite. WITNESS the following signature and seal. GRANTOR: APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP, a Virginia limited partnership By: SAVOY CONSTRUCTION CO„ INC„ a Maryland corporation, its general partner By: " (SEAL) Name: Saul H. Bernstein Title; President STATE OF MARYLAND, OF TO -WIT; , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Saul H, Bernstein, President of SAVOY CONSTRUCTION CO,, INC., a Maryland corporation, a general partner of APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP, a Virginia limited partnership, whose j{ name is signed to The foregoing Deed, dated April 6-& , 2002, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this Btk day of April, 2002. 4 / I �03 c • o0 My Commission expires t. ,, •• o nJ) 1 C J I NOTARY UBLIC MARSH & LEGGE LAND SUilZTJEY9RS, PL.C. 560 North t.oitdoun Street, Winchester. VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshandlegge.coni The accompanying plat represents a survey of Parcel "A", a portion of the land conveyed to Apple Blossom Properties Limited Partnership by deed dated August 4, 1986, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 624, at Page 504. This property, designated as Parcel "A" on the plat, is a portion of :?arcei 2 of the said. land and lines at the intersection of Tulane Drive, Princeton Drive and Harvard Drive in Shawnee Magisterial District, Frederick County, Virginia, and is bounded as follows: i "Beginning at an iron rod found in fae east :line of Interstate Route 81 at the northwest comer of the Beck Company land; thence with the east line of Interstate Route 81, N 04' 03' 45" W—148.52 feet to a concrete monument found; thence with another line of _:nterstate Route 81 N 170 44' 41" W — 95.17 feet to an iron rod found in the south line of the Shenandoah University land; thence with the said land S 70° 05' 08" E — 624.74 feet to an iron rod set in the west line of Lot 210, Pembridge Heights Subdivision; thence with the said lot S 09' 31' 48" W —19.77 feet to an iron rod. set at the northwest corner of Lot 211; thence with the said lot S 25' 22' 02" W — ~ 29,00 feet to an iron rod set; thence with the west line of Lot 211 and continuing with the west line of the Carl land S 02' 34' 05" W--179.34 feet to an iron rod set at the southwest comer of the Carl land; thence with the south line of the Carl land S 86° 35' 22" E—179.26 feet to an iron rod set in the west line of Price Drive; thence with Price Drive S 03' 16' 4 1 " W—169.21 feet to an iron rod set at the P.C. of a fillet curve; thence with the fillet curve 23.27 feet (Radius = 20.00 feet) to an iron rod set at tie P.T. of the curve, in the north line of Harvard Drive; thence wife CD Harvard Drive S 70' 02' 01" W—106,75 feet to an iron rod set at the P,I. with Princeton Drive and Tulane Drive; thence with the end of Tulane Drive N 63' 04' 59" W — 55.02 feet to an iron rod set at (.ae enc. of ulane Drive; thence wit,'!i the west :Ine of Tulane Drive S 02' 35' 05" W -- 5.17 feet to an iron rod set at the northeast comer of the other land of Apple Blossom Properties Limited Partnership; thence with the north line thereof, N 69' 17' 35" W -- 16,94 feet to an iron rod set at the southeast corner of Parcel `B" for the three following lines: N 020 34, 05" E — 130.10 feet to an iron rod set; thence N 30° 09' 36" W — 33.65 feet to an iron rod set; thence N 620 53' 18" W — 283.18 feet to an iron rod set in the east line of the Beck Company land; thence with the two following lines of the Beck Company land: N 12' 57' 13" E—'21.91 feet to an iron pin set; thence N 69' 13' 18" W — 274.41 feet to the beginning." Containing ....... 3.973 Acres Surveyed .. , ...... October 24, 2001 ow"� opt. BRUCE No, 000162-8 leiAli /T PEMBR[DGE; L pro � � 4 k �� - %�✓ '" MILLER i$T u^ •n + 3 si/ 17 `" HEIGHTS g s VICINITY MAP • •• I SCALE: 1'-2000' APPROVED BY 1 � SUBDINS/ON ADMIIY/STPA TOR G" !"" DATE OWNERS' CER7IFICATE !� THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF SHENANDOAH UNIVERSITY (FORMERLY SHENANDOAH COLLEGE, INC.) AND THE LAND OF APPLE BLOSSOM PROPERTIES UMITED PARTNERSHIP, AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. SHENANDOAH UNIVERSITY APPLE BLOSSOOMMM PROPER17ES LIMITED PARTNERSHIP 'i By � By i I to;,,.,,, Pl+. Dl- NOTARY PUBLIC NOTARY PUBLIC I STATE OF !, STATE OF CITY/606WA* OF i�'�.�_� _ I CITY OUN OF w� THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED THE FOREGOING INSTRUMENT AS ACKNOWLEDGED I BEFORE ME ON fir, BEFORE ME ON ,61.c a�(o (DA 7E) DA TF) p I' 411 ��, • 4G Dw • BY /' lI GJL1 eX `� 1� SON BEHALF OF BY ON BEHALF OF SHENANDOAH UNIVERSITY. APPLE LOSSOM PROPERTIES LIMITED PARTNERSHIP. If (NOTARY PUBLIC) (Nor PUBLIC) MY COMMISSION EXPIRES qll-mlo, MY COMMISSION EXPIRES o�Q r73 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS BET KEEN THE LAND CONVEYED TO SHENANDOAH UNIVERSITY (FORMERLY SHENANDOAH COLLEGE, INC.) BY DEED DATED 2 NOVEMBER 1982 AND THE LAND CONVEYED TO APPLE BLOSSOM PROPERTIES i LIMITED PARTNERSHIP BY DEED DATED 4 AUGUST 1986, SAID DEEDS RECORDED IN THE OFInCE OF II THE CLERK OF FREDERICK COUNTY; WRGINIA IN DEED BOOK 553 AT PAGE 317 AND DEED BOOK 624 i AT PAGE 504, RESPECTIVELY. I, it FINAL PLAT f, BOUNDARY LINE ADJUSTMENT LTlj OF BETWEEN THE LAND OF SHENANDOAH UNIVERSITY I (FORMERLY SHENANDOAH COLLEGE, INC.) AND THE LAND OFF'�'� APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP H" BRUCE EDENS SHAWNEI= MAGISTERIAL DISTRICT No. 000162—H FREDERICK COUNTY, VIRGINIA DATE- 15 APRIL 2002 SHEET 1 OF 3 tRND suxv��o� iVars'1 & Le e " anc Surveyors u C b b 'Li a 560 NORTH LOUDOUN STREET - WINCHESPER, VIRGINIA 22601 II DRAWN BY: HH i i PHONE (W) 667-0468 - FAX (540) 667-0469 - off ice®mushandlegge.com I DWG NAME: ID4075 SEE SHEET 3 OF 3 FOR LINE TABLE, CURVE TABLE AND NOTES. 0 100 200 400 GRAPHIC SCALE IN FEET 1 "=200' v 'r �o ki b f� k XJ = P.I.N. 64-A-110 22.398 ACRES (ADJUSTED AREA) n 78.425 ACRES (ORIGINAL AREA) J J SHENANDOAH UNIVERSITY (40 (FORMERLY SHENANDOAH COLLEGE, INC.) u DB553-PJ17 ZONED: HE USE FOOTBALL STADIUM rn •r It �`CT VN H E1 - EX 10' OB 372 R P 237 L \ E �£eY v�Cg7F0 E2 - EX. 10' W/L ESM'T a Qn 06 335 - P 546 ;? w P.I.N. 64-A-107 0 1.127 ACRES (ADJUSTED AREA) L1 5.100 ACRES (ORIGINAL AREA) APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP DO 624 - P 504 ZONED: B2 USE COMMERCIAL (MOTEL) O a I� PMM F I LOT 209 LOT 210 LOT 211 10 L11 L12 0 E I 4, L19 �(f1 L13 ate. �I IID L1 ►llL16L15 Rfi-=-2327' L1 n 1L14N 8 FTNAL PLA T PR1N I BOUNDARY LINE ADJUSTMENT o TH Op BETWEEN THE LAND OF ciz f SHENANDOAH UNIVERSITYS (No. (FORMERLY SHENANDOAH COLLEGE, )NC.)AND THE LAND OFAPPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP RUCE EDENS SHAIVNEF MAGISTERIAL DISTRICT 000162-B FREDERICK COUNTY, VIRGINIA+���dDATE 1S APR1L 2002 SCALE.• 1"=200' SHEET 2 OF 3A svRVE'� Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGDQ 22601 DRAWN BY: HH PHONE (540) 667-0466 - FAX (540) 667-0469 - olfice0manhandlegge.com DWG NAME: 104075 c C. I IM7 TdRI r LINE I DIREC77ON DISTANCE Li N12'5713 E 178.09 L2 N12*5713 E 21.91 L3 N69'1318 W 274.41 L4 N17'44 41 W 107.74 L5 N30V6 20 E 119.44 L6 N20*227 E 25. 70. L7 N22'14 34 E 22.06 L8 S56 38 11 E 13.61 L9 S0931 48 W 19. T17— LID S252202 W 29.00 1-11 S0234 05 W 179,34 L 12 S86 35 22 E 179.26 L1J S0316 41 "W 169.21' L14 S70'U2 01 "W 106.74 L15 N63'0459'W 55.02 L 16 S02'35 05 W 5.17 L 17 N69'1 7 35 W 16.94 L 18 N0234'05'E 130.10 L 19 N30'09 36 W 33.65 L20 N62'5318 W 283.18 ® PIN 54—A-141A SHENANDOAH UNIVERSITY 08 656 — P 256 ZONED: HE USE: VACANT ® PIN 54—A —141 NINCHESTER GOLF CLUB ZONED: RA USE: GOLF COURSE © PIN 64—A-109 WILLIAM F. CAR(., JR. & BETH L. CARL OB 798 — P 1664 ZONED: RP USE: RESIDENTIAL O PIN 64A-3—A APPLE BLOSSOM PROPER77ES LIMITED PARTNERSHIP 08 595 — P 295 ZONED: B2 USE. COMMERCIAL/MOTEL EO PIN 64—A-107A BECK COMPANY 08418—P660 ZONED: B2 USE. COMMERCIAL/MOTEL NOTES, 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. J. BOUNDARY INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON OCTOBER 25, 2001 ORIENTED TO PLAT OF SURVEY DATED APRIL 11, 2001 MADE BY DOUGLAS C. LEGGE, L.S. 4. IRON RODS FOUND OR SET AT ALL LOT CORNERS. FINAL PLA T BOUNDARY LINE ADJUSTMENT "��TH OF `r�, BETWEEN THE LAND OF SHENANDOAH UNIVERSITY o cry (FORMERLY SHENANDOAH COLLEGE, INC.) AND THE LAND OF v1��' APPLE BLOSSOM PROPERTIES LIMITED PARTNERSHIP H. BRUCE EDENS SHAWNEE MAGISTERIAL DISTRICT No. 000162—B ��� s��0 y FREDERICK COUNTY, VIRGINIA DATE.- 15 APRIL 2002 SHEET 3 OF 3 t 4*D S U Rq s 0* Marsh & Legge Land Surveyors, P.L.C. 560 NORTH IAUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 887-04 VIRGIM A. FRF�ERILIC L SLi This inA mien of writing was produced to me on DWG NAME; 104075 and vAh certificate of acknowledgement thereto annexcLi wass admitted tto'�record. Tax imposed by Sec8. 51-802 of S iL� rll 1dtLnd 58.1.801 have been paid, if assessable 4e.t ��7�'4 Clerk O N X- 24ecv- Ll"'.' TO: Finance Department 49 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 19, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for a Rezoning #02-06 for Shenandoah University. The company 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: Shenandoah University 1460 University Drive Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 210tp (o •py of adj oiner list given to staff me m for verification Four sets of adjoiner labels ordered from data processing 3 D C!ZL-6e a �C� Fme location map ordered from Mapping 4 - a / . O � O File given to office manager to update Application Action Summary public hearing date ACTION: A(I 3 PC p g 0 BOS public hearing date ACTION: :�4�igned-copy-ofresolution-foramendment-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.) Q Action letter mailed to applicant C f Reference manual and D-base updated le given to office manager to update Application Action Summary (final action) K /3 OP-4461 7 File given to Mapping/GIS to update zoning map u.%c■ 0MTnwvn6i^sr= RL,wd' 05MI02 Zoning map amended DATE oz I 1110. 2655 RECEIVED FROM AtIt: f •��� s itll . '•"i O fVN��»i�.`�er�i- Jf\J I- L, HOW RnID Fell®Fi Nov. 1 Street Light Dec. 5 Dog tags go on sale Second Half Taxes Due Personal Property Real Estate Sanitary District Street Other due dates as billed by the Commissioner mmissioner of the Revenue's Of Mailing A- ddress Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540) 665-5607 E-mail Address BOrndoff@co.frederick.va.us For Tax Information &Online Pa ments WWW.CO.FREDERICK. VA. US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, full and correct to the best of my knowledge and belief. Used 50% for Business Yes Ne T A X R E C E I P T Signature ,EDERICK COUNTY Si �. WILLIAM ORNDOFF, JR Lure P.O. BOX 225 WINCHESTER VA 22604-0225 14 SIGN DEPOSITS PLANNING Ticket #:00005280001 Date 2/21/2006 Register: CJO/CJ Trans. #: 19313 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by DEPT OF PLANNING Check 44754.10 # CKS nTT 7neTna nTTV TT\T(''T.TTr)Vq Pi:.TTAT.TV/TNTP.RRST THRU THE MONTH 2/2006 l E xx��.exY.c�:(Zann#g qux# umt of Planning axnb P6-elvpnun# �OV 2 Recur DIRECTOR P. 0. BOX 601 JOHN T. P. HORNE 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 STEPHEN M. GYURISIN November 1, 1982 Mr. James A. Davis President Shenandoah College & Conservatory of Music Winchester, Virginia 22601 Dear Mr. Davis: I appreciate receiving your letter of October 26, 1982, concerning the support of this office for your efforts to expand the college campus onto the Seal tract. While I am sure that you have noticed in the newspapers that the Planning Commission and Board of Supervisors have informally endorsed this move, I would like to take this opportunity to clarity the position of both bodies. The Planning Commission has informally endorsed this move and has committed to either rezone that tract when necessary or to adjust the current zoning to allow your use on the tract. The Board directed me to draft a formal resolution endorsing the move. I would anticipate this resolution being approved by the Board of Supervisors during the month of November and when that resolution is passed, I will make sure that you receive a copy. The Board felt that this was necessary to preclude any confusion in the future when the college is actually ready to use this property. If I can be of any further assistance or if you have any questions, please do not hesitate to contact me. Sincerely, irp ohn T. P. Horne Director J`1'PH/rsa 703/662-4532 • �J TO: FROM: SHENANDOAH COLLEGE AND CONSERVATORY M E M O R A N D U M Al Smith, Ralph Shockey, George Romine, James Wilkins, Jr., Dick Shickle James A. Davis President DATE: December 18, 1990 Eddie Yost, attorney for Glen Russell, owner/developer of the lots along out I-81 east property right-of-way, gave written assurances that the 60" right-of-way would be clearly marked for each property owner and that each new property owner would be notified of the college's planned use of the right-of-way. I, therefore, signed the legal agreement prepared by Ben Butler, our attorney, dedicating a 60" right-of-way to the state. Trustees, Ralph Shockey and Jim Wilkins, Jr., agreed that I should proceed if the above conditions were met. �/20212a 00 1460 College Drive, Winchester, Virginia 22601 0 0 g. W. clifford & associates, Inc. 200 North Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 November 16, 1990 Dr. Jim Davis, President Shenandoah College & Conservatory 1460 College Drive Winchester, Va. 22601 Re: Entrance Road Situation Dear Jim, I have had the opportunity to review, in detail, the situation regarding the College's road known now as Price Lane in the Pembridge Heights subdivision area of Frederick County. The College acquired a 60' right-of-way similar to the state road 'dedication indicated in the subdivision, on a similar alignment, but not the same as the right-of-way proposed for dedication. The subdivider provided for a 50' dedicated right-of-way with two 10' slope, utility and drainage easements, one located on either side of the road right-of-way. The road is essentially constructed although it has not been accepted by the State Highway Department. We have discussed this issue with Mr. Bill Bushman, P.E., the VDOT Resident Engineer. He and I concur that the limitation of right-of-way width will not be a factor in the capability of this road to handle the traffic intended. Bill points out that the County Planning Commission will have the ultimate say as to the usability of this road and he will simply have to maintain whatever roadway is brought <<bout by this decision. Adequate right-of-way is available for a three lane roadway or even wider if curb and gutter is used. The fact that the new roadway does not exactly follow the metes and bounds describing the old right-of-way is not significant in that the new right-of- way has a smaller degree curve and is therefore better. It provides essentially equal access to that intended by the other right-of-way line. Any legal issues not withstanding, the capacity of the road provided is essentially "or equal" to that which the college had prior to the subdivision. r'1 0 We agree with Benny that a deed stipulation on each single family lot should acknowledge the ultimate use of this road as a major entrance to substantial college facilities. We also believe that some agreement with the present owner that these roads will be dedicated and accepted by VDOT is necessary. If the county has such an assurance by bond then you should get an acknowledgement of that fact. We have prepared the attached sketch drawing from available records which shows the situation involved. Also, you will note the recommended area required of the Holiday Inn folks for road dedication to implement the alternate plan we spoke about last week. to call. Should you have any other questions or comments please do not hesitate Sincerely yours, �. E. Maddox, jrl, P:E., V.P. G. W. Clifford Associates, Inc. CEM/ckd cc: Mr. Ben Butler • BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY I. TISINGER THOMAS A. SCHULTZ, 3R. RONALD 1. BROWN BRUCE E. DOWNING ELIZABETH B. JOHNSTON F. L. Largent, Jr., Attorney at Lair lIlia HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 P. O. BOX 809 1;07,1C71',, ;. 9, 19 P� 2 Esquire 226,11 TELEPHONE AREA CODE 703 667-1266 T. Dear J ire! : We represent Shenandoah College and Conservatory of Music wrxi c'n 11as recently iirc lased 16.426 acres fror `r. ar.d Mrs. L. CFrarl_lin Seal, just east of Interstate 81. `The F,roperty runs I through land owned by the Lanes heirs and in fact, is served by a risht of :�Tav 7-ante<1 to M' . and "" s . Seal by deed datee. 1, 1976, a coT)v of Laid deed beir., attached hereto. Otin e� a -urination o tlhe- ' aPd Trill reveal that there t;as in exchange for the rantin-.. o tl,e right of way, a restrictive c.+- ;'-rant placed on the 1 �.426 acres limitinf tl_e use of the PD s _ .e to residential purposes. endle Zickefoose, business manager for "ienandoah College, has advised that Ile consulted with one or more of the Lanes f .-Ily, although 1 an not sure who, and that they have agreed to sign a waiver or this particular restriction in order that the college not be burdened with the s ar-te . Accor«ir ;ly , I have drafted a �-)r000sed Deed of Waiver of Restrictive Covenant which I enclose herewith for your review. I did not have the naales of the _iusi:-ands and r.74-ves of the various Lanes heirs arid, do not know whether or not all their signatures are necessary, but wanted to get this draft to you as quickly as possible. 7ould you please five this matter your pi:ompt attention and rive me a call in ori. er tizat TwE can draft whatever is necessary to waive the restrictive covenant and hopefully design ail instrument that is a�-reeable to all parties. BJT:JdFL Enclosures cc: Mr. iiendle 71ck.e{oose Sincerely, '3illy J . T is in?fir 0 BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM ID BILLY J. TISINGER THOMAS A. SCHULTZ. JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B.JOHNSTON HARRISON @ JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 P. 0. BOX 809 October 20, 1982 Mr. Mendle Zickefoose Shenandoah College and Conservatory of Music Millwood Avenue Winchester, Virginia 22601 TELEPHONE AREA CODE 703 667- I266 Re: 1. 18.426 acres owned by L. Franklin Seal and Emily J. Seal, his wife 2. 60' wide right of way running from Harvard Drive to the above referenced property Dear Mendle: Pursuant to the request of Shenandoah College and Conservatory of Music, we have completed a title examination with regard to the above referenced matters. The above referenced property was conveyed to L. Franklin Seal and Emily J. Seal, his wife, by deed dated November 8, 1944 from Eleanor V. German, which deed is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 190, at Page 435. At the time of the foregoing conveyance, the land consisted of 43 acres, more or less, and when Interstate 81 was constructed, the 18.426 acre parcel was the remainder of said land lying on the east side of Interstate 81. By deed dated March 23, 1976 L. Franklin Seal and Emily J. Seal, his wife, conveyed the remainder of the land to themselves as tenants by the entirety, which deed is recorded in the aforesaid Clerk's Office in Deed Book 456, at Page 338. By deed dated December 1, 1976 and recorded in the aforesaid Clerk's Office in Deed Book 467, at Page 68, Francis P. Lages and Blanche A. Lages, his wife, conveyed a sixty foot right of way to L. Franklin Seal and Emily J. Seal, his wife, which right of way is described in a plat attached to said deed as running from Harvard Drive to the subject land and being sixty feet in width. Insofar as such examination would show, we are of the opinion in regard to the 18.426 acres, that L. Franklin Seal and Emily J. Seal, his wife, are seized and possessed of a valid, unencumbered, marketable fee simple title in and to the subject property, subject only to the following: 0 0 Mr. Mendle Zickefoose Page 2 October 20, 1982 1. Real estate taxes for the year 1982 and subsequent years. 2. Unfiled and unrecorded leases and materialmen's liens. 3. Such facts as might be revealed from a physical inspection and/or by a competent survey of the premises. 4. Usual utility easements. 5. A residential restriction as set forth in that certain deed dated December 1, 1976 which deed is recorded in the aforesaid Clerk's Office in Deed Book 467, at Page 68, wherein the owners of the land have agreed that "any subdivision or development of said land, and/or sale of lots therein, shall restrict the use thereof to residential purposes only, and shall contain an additional restriction that not more than one single family dwelling may be constructed on any lot therein". The restriction further provides that any deed conveying said land to any person shall contain this restriction. The above referenced deed also provides that in the event that the sixty foot right of way is ever dedicated or asked to be dedicated by the Grantors, that the Grantees or their successors, will join in said deed of dedication for public use. It is also noted that in the same deed some question has arisen concerning the rights of Frank L, Clevenger, et ux, for damages as the result of the conveyance of this right of way and that the Grantors and Grantees, and their successors in title, shall be equally responsible for any damages awarded, should thi6 matter be arbitrated or litigated. A copy of this deed is attached. 6. A deed of easement dated October 24, 1967 and recorded in Deed Book 337, at Page 283 in the aforesaid Clerk's Office. L. Franklin Seal and Emily J. Seal, his wife, granted to the City of Winchester an easement on the northeast corner of said property for the purpose of constructing a water main, which easement includes the right to go upon the property to repair and maintain the same. A copy of this deed of easement is attached hereto. 7. The riparian rights (the rights in and to the use of the water in Abrams Creek) insofar as this property is concerned, were conveyed to the Virginia Woolen Mill by a predecessor in title by deed dated August 12, 1924 of record in the aforesaid Clerk's Office in Deed Book 152, at Page 192. A copy of this deed is attached hereto. Mr. Mendle Zickefoose Page 3 October 20, 1982 SIXTY FOOT RIGHT OF WAY A record examination in regard to the 60 foot right of way reveals the following: 1. A sixty foot right of way has been granted by Francis P. Lages and Blanche A. Lages, his wife, by instrument dated December 1, 1976 to L. Franklin Seal and Emily J. Seal, his wife, which deed is recorded in Deed Book 467, at Page 68 in the aforesaid Clerk's Office. This appears to be the only access to the 18.426 acres, except through the overpass running over Interstate 81 from the property belonging to the City of Winchester on the east side of Interstate 81 to property belonging to the City of Winchester located on the west side of Interstate 81. This 60 foot right of way, although described by plat, is, as it presently exists on the ground, a narrow rutted dirt tract. This right of way, which gave rise to the residential restriction as aforesaid, apparently has never been located upon the ground and at this time, is represented by survey only. Accordingly the same should be located on the ground to assure that the same in fact contains no obstacles and in fact extends to the 18.426 acres which it intends to serve. The a record competent BJT : j df title examiner cannot perform this function as a result of examination and the same should be accomplished by a surveyor. Enclosures Sincerely, HARRI & - TON / 1 isinger vim' THIS DEED OF WAIVER OF RESTRICTIVE COVENANT, made this day of 1983, by and between F. L. Largent, Jr., Executor of the Estate of Blanche A. Lages, hereinafter called the Grantor, and L. Franklin Seal and Emily J. Seal, his wife, and Shenandoah College and Conservatory of Music, hereinafter called the Grantees. WHEREAS, by deed dated December 1, 1976, Francis P. Lages and Blanche A. Lages, his wife, conveyed a sixty foot (60') right of way to L. Franklin Seal and Emily J. Seal, his wife, and as part of the consideration placed a restrictive covenant upon land then owned by L. Franklin Seal, et ux; and, WHEREAS, Francis P. Lages died and was survived by Blanche A. Lages, his wife, who subsequently died, and F. L. Largent, Jr., (Esquire, qualified as Executor under the Will of Blanche A. (Lages, with the poser, inter alia, to convey property; and, WHEREAS, the Estate of Blanche A. Lages is the owner of land adjoining the sixty foot (60') right of way, as hereinbefore mentioned, and is the only party who has any interest concerning said right of way except for that as previously granted to L. Franklin Seal, et ux, in the hereinbefore mentioned deed; and, WHEREAS, the parties hereto desire to remove the restrictive covenant concerning development or residential use of that (certain 18.426 acres as described in the hereinbefore mentioned I deed. NOW THEREFORE WITNESSETH: That for and in consideration of and release any and all *Stsenwrestrictive covenant set forth in that certain deed dated December 1, 1976, which deed is recorded in Deed Book 467, at Page 68, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, insofar as said restrictive covenant purports to restrict the use of the 18.426 acres, described therein, to residential purposes only or to any other development concerning said acreage. 2. The Grantor and the heirs and assigns of the Estate of Blanche A. Lages, Deceased, shall have no liability for improving the aforementioned right of way for the benefit of the Grantees and except for the release of the aforementioned restrictive covenant the Grantees accept the said right of way subject to all of the recorded terms and provisions of that certain Deed dated December 1, 1976, between Francis P. Lages, et ux, and L. Frankli Seal, et ux, of record in the aforesaid Clerk's Office in Deed Book 467, at Page 68. 3. L. Franklin Seal and Emily J. Seal, his wife, by their signatures hereto, and Shenandoah College and Conservatory of Music, by its signature hereto, do hereby grant and convey to F. L. Largent, Jr., Executor of the Estate of Blanche A. Lages, the use of the sixty foot (60') right of way that they possess or hereinafter will possess, to be used in common with the rights of the Grantees herein. WITNESS the following signatures and seals: SEAL F. L. Lar nt, r.,`Executor of the Esta.f-e of Blanche Ar, Lage ( SEAL L. Franklin Seal z J G6 TH:CS D:E1: D OF VACATION, AND DEDICATION OF PUBLIC RIGHT OF WAY, anade and slated this; lath da�r of Decemberr 1990, by and. bet'delan BR1D'W14E:5Lr INC. , TRUSTEE, hereinnafter ca] 1ed BROWNEL]a, t (Grantor), and SHENANDOAH UNIVVRSIT:Y, party of the f,z.rst par :1 (forinerl.y Shy.:>_n.andoah Ca7'.Iege and Conservatory of Music) , hereinafter i,;ab_l.ed SHENANDOAH, party c'f the second part, !1 (Grantor) , and GLE:NN E. RUSSELL•, and JUDY S. RCISSELL, his wife,, i, hereinafter. �:�e!.-I_led FtUSSI�LL, parties of the third party and 'HARDY ;. F. EVANS, III and JOYCE M, EVANS, his wife, hereinafter called H�fANS , (Gra.ntc 7.) , partilys of the fourth part and THOMAS E ...EMB,Rg'r' and MARION M. II;MBREY, his wife, hereinafter called EMBREY, (Grantor) parj:,,ies of the fifth part, 8Lnd COUNTY UT:' FREDERICK., V7.B'.GINIA, par of the sixth part,, hereinafter called Grantee. WHEREAS, BROW'NELL, c.ZLused a certain Deed of Subdivision and Dedication: cf 'Easement and[ Final Plat of Pembridge Heightsi Phase: III., dated Uurr.a 19 , 1990, recorded in the Office of the Clerk of �• t1ie: Cix'cuiti C(::Iurt of Frederick County, Virginia., in Deed Bcuk 747, at Page: 876; and, WF[ERFfiriS , s1JENANDOAH owns a: certain parcel of land, 'I containing1.8.E �26 acres, Vihich ;was acsluired from L. Franklin �. Steal,, eat ux, by deed dated November 2 r 1982, of record in t.Yie aforesaid.Cl..e.ick's Office in Deed Book 553, at Page 317 and which 60 ft. i3agress and egress easement deed ixiclt1de!:d an �fppurtenant s, a$ cl�:scrij)ed :i:n that certain deed dated December 1, 1976, 1°2:0m, F:ranc;i:s P I a.c; es, et ux, of record in the aforesaid Clerk' s Office in Deed. Bock 467, at Page 66; and, � • ., . t v :crate the afo*7esaid cu ce.s s VlASY;ii�ia ri�vYdPdiC,li�., p,rpo_Yted c` li 1' e,a,eraent th3.'o1agh• the dedicatiOh of the public right of way. (:p]:3cxe Drive) by the Deed of Dedication and Plat of record as 1 SCULLY, THROCKMORTON s CLAN 4T rQRNEYB AT LAW SOUTH KENT STREET INCHESTER,HIRUINIA 2MI aforessai.d; and,, WHEREAS, i;XENANDOAH, desires to join in this instrument in order to vacateits; easement as depicted in a plat of record in the aforesaid. c::,3erk,'s Office in Deed Book 467, at Page 68, and to .'establish a. pul:Aic right of way 60 ft. in width {Price Drive), as shown on the plat entitled "Plat showing additional 5 ft; ,' Street' Liedica.tion A.djace:nt to Price Drive", dated December 6, 19 S) 0 , px•epa::>r•e d by Joseph G . Paciul l i , L . S . , attached hereto : and : by this reference made a part hereof as if set out in full; and, TrifHEREA.13 Il:USSE�LL purchased Pembridge Heights, Phase III, Lots 2:04-211, _i..nc=lu.sive, from BROWNELL, by deed dated July 1.1, 1990, of record in the aforesaid Clerk's Office in Deed Book 748, at ]Wage 210; arl,d, �fHE:REA,s, I1n17ANS are the: owner of Lot: 206, Pembridge Heicjhts, Ph4l$e 111, als evidenced by deed of record in the aforesaid Clerk's Office :in Deed Book. 752, at Page 986, .arid desire to Joixi in this instriarLent to grant the above described easement. WHEREAS, EMBREY are the owner of Lot 204, Pembridge heights, Phase III, as evidenced by deed of record in the aforesaid Clerk's Office in Deed Book. 753, at Page 1211, and desire to join :'in this inst.rianit.nt to grant, the above described easement. NOW, THE -REF ORE, THIS DEED OF VACATION t GRANT OF RIGHT OF WAY, .AND DEDICAMION OF PUBLIC ROADWAY WITNESSET.h : That for and in consideration of the mutual benefits to be derived theref.>`om, the: parties agree as follows: 1.. SHENMIDOAH does hereby vacate that easement granted by deed of recordd in the aforesaid Clerk's Office in Deed Book 467„ at Page 68, in agnsideration of.a 60 ft. public right of way SCULLY, 2 aROGKMORTON i GLASS 'ORNIM AT LAW UTH KENT ti EET HESTER, VIRGINIA 2MI U LJ • SCULLY, !OCKMORTON 6 GLASS FINEYS AT LAW 14 KENT STREET 'STIR, VlRGINIA ?ieai dedicated t,:> 'Prederick County as set forth in paragraph tw.0 hereafter. 2., i3R('.)W114ELL, SHENANDOAH, RUSSELL, EVANS and EMBREY, hereby dedicate to the Grantee that certain :raaLdway designated Price Drive as by Joseph G . Paciul l.i. , L.S. , dated December 6 , 1990, at.tac h.ed hereto and by this reference made a part hereof a.s if se.t out: in full., and which dedication. is for a public roadway, 3. It i;::t further .mutually understood and agreed by the ': parties that 1:,.he s,et back minimums will apply as to the original plat of: recor(l in Deed Book 747, at Page 879 WITNESS the .following signatures and seals: BROW ELL, INC., TRUSTEE . MARK NELIS, Ice President: SHENAI-IDOAH UNIVERSITY .. EYE (SEAL) JAMIES A. DAVIS, President FRZDEIRICK COUNTY, VIRGINI.A BY; _ (SEAL) WAYNE MILLER, Subdivision Administrator Z/f �'��s EAL) GLENN E. R SSELL AJt ( aEAL) Y—jr.—RUSSELL f (SEAL) HARRY F . EVANS; III _ (SEAL) JOYCE M . EVANS _ (SEAL) !; TH014AS E . EMBREY 3 9 �y i C) +r- `•', c a v wi to 2 K to 1t �� } ) 4 Lu 111 _ r � Q °o : z CIO Lng °JN zo N z t. L F 1D j',•,,, ''F� NOTE: ALL OTHER EASEMENTS SHOWN ON THIS PLAT AKE PKEVt0U5LY IZE{'.GRDED. :t :•c- /4't 1 A 5c> Cb, 20649 H , o h b ��(( 6400 \C? F• sTRFFT2 v 17,43fi6 3) ' �. �p,NPGE U EX rC. 2 5 v - �! e% 2y 1. �„ IJI 1,eT• �`� � Q' (� i ' EX _ !6' 77341 "� �' s,38°4a'ao"Era ;} , '4 oc I� 125.70' C 7 (to uY�t_tul�.�( u' 2i74 `�► 1p lot N e.6'4 4 ' 39 " W I ADUrTIONAL 5'� �i •— =-�--= t STREET DEDICATION N�6�4q�39 Nf 12.4.01 " t.0 c•ichi hl i LLJ !UjW 141 �. �r\0 y G NO f Fx.'rEh1p � TURNAFKXgyC� I E: W T. SHEET 2 OF 2 d - Cx. 10' GRADING UTILITIES '" Q DRAINAGE E4M'T. T ! 01 �7 aF .J1150" FAC UW mm Iety '�i .f SVKV d; i� FLAT SHOWING ADDITIONAL 13' STREET DEDICATION ADJACENT TO PRICE DRIVE PE MBR I DGE HEIGNT:.) PHASE .9 R EC. (WOO, pp, SHAWNEE D15TRICT F'REUERICK COUNTY, VIfZGINIA SCA I E, I DEC. 6, l9w) PALCIULLI, SIMMONS & ALSSOC-IATES, LTD. �- 305 Harrison Street SE,, Suite 200, Leesburg, Virginia 220,`5 telephone (703) 777-2755 Metro 478-8015 Engineer's, Planners, Surveyors. LandsranP A►,-hifoi-rr� PM BOOK 467 PAGE C38 THIS DEED made and dated this 1st day of December, 1976, by and between Francis P. Lages and Blanche A. Lages, his wife, parties of the first part, and L. Franklin Seal and Emily J. Seal, his wife, parties 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 and convey unto the parties of the second part, their heirs and assigns, a right of way over and upon that certain strip or parcel of land sixty (60) feet in width, extending Northward from Harvard Drive and then curving Northwestward to the land of the parties of the second part as shown upon the plat attached hereto , for the benefit of, and for ingress and egress to and from that certain tract or parcel of land contain- ing 18.426 acres, more or less, situated along the Eastern side of Interstate Highway No. 81, just East of Winchester, in Shawnee District, Frederick M County, Virginia, which is owned by the said parties of the second part, which said right of way extends over and upon a portion of that certain larger tract or parcel of land that was conveyed to the said Francis P. Lages, et ux, by asa L. Rosenberger, by deed dated November 16th, 1947, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 203, page 134. It is mutually understood and agreed that said right of way shall be used and enjoyed in common by the parties of the first part, their heirs and assigns, and the parties of the second part, their heirs and assign: It is further mutually understood and agreed that in the event either of the parties hereto should desire to dedicate said right of way as a public street or thoroughfare, the other parties will join in any deed or other instrument of writing that may be necessary in order to accomplish and per- fect such dedication. As part of the consideration for this grant of right of ways the parties of the second part covenant and agree that any subdivision or development of said land, and/or sale of lots therein, shall restrict the use thereof to residential purposes only, and shall contain an additional restriction that not more than one single family dwelling may be constructed C BOOK PAGE 69' n any lot therein, lly covenanted and agreed that in the event It is further mutua :he parties of the second part should sell and convey said tract of land to my other person or persons the deed shall contain the privileges and re- ;trictions herein set forth, ulatedunderstood and agreed that Frank L. It is expressly stip, Clevenger and Jane A. Clevenger, his wife, may have certain easements affect- ing the within described right of way in connection with their acquisition from the parties of the first part of a lot containing 0,619 acre, more or less, by deed dated December loth, 1970, and of record in the aforesaid Clerk's Office in Deed Book No, 372, page 143, and that certain supplemental agreement dated December 23rd, 1970, and of record in said Clerk's Office in Deed Book No, 372, page 237, and that said parties of the first and second parts shall be equally responsible for any damages that may be legally awarded to said Frank L. Clevenger and Jane A. Clevenger, their heirs and assigns, by a Court of competent jurisdiction, or by arbitration, arising from the use or improvement of said right of way by either, or both, of said parties of the first and second parts, Witness the following signatures and seals, (Seal) Francis P. Lage (Seal) Blanche A, Lages (Seal) L. Franklin Seal (Seal) Emily lJa Seal State of Virginia County of Frederick, to -wit: J'J m a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that Francis P. Lages and Blanche A. Lages, his wife, and L, Franklin Seal and E r f BOOT; 4,67 PAGE 70 roily J. Seal, his wife, whose names are signed to the foregoing writing 76, have personally appeared before me, in earing date of December 1st, 19 ed the same. iy County aforesaid, and acknowledg 1976. Given under my hand this 1st day of December, 1 1G'!V ssion expires My commi..- __........ ......... .. _ ire, ,cr. C� CJJ' Induced to ae on the U,gaIN �A FRFD3t was p sirulnenWIlilI1C�, atv'2 Ti,i Qt o n / , 19�—' J� _d y of cnent thereto annexed was and v;it-h -certificate of acknowl-dg , da -).} 1 of adr admitted to ecord. Tax lrna,.' d oj Sac. did, if a,sessable. �- 0 ,and 5�-5`1 have been p Clerk. I i l =" • • f O I � 0 -\-s�L'�/G !o'• �c,4 .-max'/S:� �ti..� .s'" �`LlAl SEL./E2. aasTm FOOTBALL STAMM 41 Or AV Y RSfiT F ' Al a y -• ry _ t RED POW A° 4 Sk Ilk 7111 lip SHENANDOAH UNIVERSITY Patton, Harris, Rust &Associates, pc Lv TULANE DRIVE- REZONING o 1 LOCATION MAP 117 E Picadily St. Winchester, Virginia 22601 O a VOICE: (540) 667-2139 FAX: (54O) 665-0493 fRmMca COUAgr, VNGNM 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 29, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 402-06 FOR SHENANDOAH UNIVERSITY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 12, 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 application: 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. 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. 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, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 9 0 This is t ce tify that the attached correspondence was mailed to the following on Z o from the Department of Planning and Development, Frederick County, Viral ia: 64 - A- - 109- SHENANDOAH UNIVERSITY 1460 UNIVERSITY DR WINCHESTER, VA 22601.5100 b U.) �-I <� Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601�� 64 -A- - 111-C BRESNAHAN, VIRGINIA A 101 HARVARD DR WINCHESTER,VA 22602.7329 64 -A- - 111-D PRICE, IDA M 102 PRICE DR WINCHESTER, VA 22602.4375 64A -12.3- 204- CLARK, MICHAEL L & CYNTHIA S 104 PRICE DR WINCHESTER, VA 22602.4375 64A -12.3- 211- HOVATTER, DNA CARLTON & MARGARET F 105 PRICE DR WINCHESTER, VA. 22602.4375 STATE OF VIRGINIA COUNTY OF FREDERICK 64A - 8- 3. 35- BANK OF CLARKE COUNTY, TRUSTEE PO BOX 391 22611 0391 BERRYVILLE, VA 64A -12. 3.205- MILLER, CHRISTOPHER & SANDRA P 106 PRICE DR WINCHESTER, VA 22602.4375 64A -12. 3.206- EVANS, HARRY F III & JOYCE M PO BOX 1682 WINCHESTER, VA 22604.8182 64A -12.3- 207- MCMURTRY, ERIC D A & HOLLY B 110 PRICE OR WINCHESTER, VA 22602.4375 64A -12.3- 208- WITHERS, WILLIAM R & MARIE C 112 PRICE DR WINCHESTER, VA 22602.4375 Michael T. Ruddy, Deputy Planning rt ctor Frederick County Planning Departmq I, a Notary Public in and for the State and County aforesaid, do he eby certify that Michael LT. Ruddy, Deputy Planning Director for the Department of Plan * 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 Gk day of 7)Uk64 My conunission expires on NOTARY UBLIC D W HAI HAINESES, JOHNOHN L & PAMELA T l 114 PRICE DR WINCHESTER, VA 22602.4375 64A -12.3- 209-A PEMBRIDGE HEIGHTS HOMEOWNERS ASSOC. PO BOX 3838 WINCHESTER, VA 22604.8274 54- A- - 141 - WINCHESTER GOLF CLUB 1300 SENSENY RD WINCHESTER, VA 22602.6418 64A - 2- - 13- BURLINGTON, LLC 150 WINGATE DR WINCHESTER, VA 22601.4457 64A - 3- - A - APPLE BLOSSOM PROPERTIES CIO HOSPITALITY HOTEL GROUP 370 NEFF AVE STE U HARRISONBURG, VA 22801.3439 64 - A- - 107-A MAHAVEER, INC 991 MILLWOOD PIKE WINCHESTER, VA 22602.4380 City of Winchester Tim Youmans, Planning Director Rouss City Hall Winchester, VA 22601 /I Adjoining Property Owners Rezoning • 70:BARBARA-DATA PROCESSING 'ROM:BEV - Planning Dept. 'lease print sets of lobe /.a - 4 THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Tax ID # Name Address 64-A-110 Shenandoah University % Gene Fisher 1460 University Drive, Winchester, VA 22601 64-A-111C Virginia A Bresnanan 101 Harvard Drive, Winchester, VA 22602 64-A-111D Ida M Price 102 Price Drive, Winchester, VA 22602 64A-12-3-204 Michael L & Cynthia S Clarke 104 Price Drive, Winchester, VA 22602 64A-12-3-210 Robert C & Jacqueline Gochenour, Jr. 111 Price Drive, Winchester, VA 22602 64A-12-3-211 Ona Carlton & Margaret F Hovatter 105 Price Drive, Winchester, VA 22602 64A-8-3-35 Ruth T Sherwood 103 Princeton Drive, Winchester, VA 22602 64A-12-3-205 Christopher & Sandra P Miller 106 Price Drive, Winchester, VA 22602 64A-12-3-206 Harry F & Joyce M Evans III P.O. Box 1682, Winchester, VA 22604 64A-12-3-207 Eric D A & Holly B McMurtry 110 Price Drive, Winchester, VA 22602 64A-12-3-208 William R & Marie C Withers 112 Price Drive, Winchester, VA 22602 64A-12-3-209 John L & Pamela T Haines 114 Price Drive, Winchester, VA 22602 440.A oC-7 WNCME,Sr �� --4z- � qA 3- .3S P(6Y-4 - lo-74 >1 *bqA MAHAvEeirJG�6�t A 7,. -:5or-N•ovutV • t Adjoining Property Owners Rezoning r0:13ARBARA-DATA PROCESSING 'ROM:BEV - Planning Dept. 'lease print sets of labe d2/�z THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Tax SD # a Name Address 64-A-110 Shenandoah University % Gene Fisher 1460 University Drive, Winchester, VA 22601 64-A-111C Virginia A Bresnanan 101 Harvard Drive, Winchester, VA 22602 64-A-111D Ida M Price 102 Price Drive, Winchester, VA 22602 64A-12-3-204 Michael L & Cynthia S Clarke 104 Price Drive, Winchester, VA 22602 64A-12-3-210 Robert C & Jac ueline Gochenour, Jr. I I I Price Drive, Winchester, VA 22602 64A-12-3-211 Ona Carlton & Margaret F Hovatter 105 Price Drive, Winchester, VA 22602_ 64A-8-3<35 Ruth T Sherwood 103 Princeton Drive, Winchester, VA 22602 64A-12-3-205 Christopher & Sandra P Miller 106 Price Drive, Winchester, VA 22602 -64A-12-3-206 Harry F & Joyce M Evans III P.O. Box 1682, Winchester, VA 22604 64A-12-3-207 Eric D A & Holly B McMurtry 110 Price Drive, Winchester, VA 22602 64A-12-3-208 William R & Marie C Withers 112 Price Drive, Winchester, VA 22602 64A-12-3-209 John L & Pamela T Haines 114 Price Drive, Winchester, VA 22602 5 v COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 1, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-06 FOR SHENANDOAH UNIVERSITY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 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 application: 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. 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. 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, vL Michael T. Ruddy Deputy Planning Director MTR/bad 107 North rent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certif Da the attached correspondence was mailed to the following on fi-om the Department of Planning and Development, Frederick County, Virginia: 64A -12.3- 205- 64 - A- - 109- MILLER, CHRISTOPHER & SANDRA P SHENANDOAH UNIVERSITY 1460 UNIVERSITY DR \,1�106 PRICE DR WINCHESTER, VA 22601.5100 WINCHESTER, VA 22602.4375 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 64 -A- - 111-C BRESNAHAN, VIRGINIA A 101 HARVARD DR WINCHESTER, VA 22602.7329 64 - A- - 111-D PRICE, IDA M 102 PRICE DR WINCHESTER, VA 22602.4375 64A -12.3- 211- HOVATTER, DNA CARLTON & MARGARET F 105 PRICE DR WINCHESTER, VA. 22602.4375 64A - 0- 3- 35- BANK OF CLARKE COUNTY, TRUSTEE PO BOX 391 BERRYVILLE, VA 22611.0391 STATE OF VIRGINIA COUNTY OF FREDERICK 64A -12- 3.206- EVANS, HARRY F III & JOYCE M PO BOX 1682 WINCHESTER, VA 22604.8102 64A -12.3- 207- MCMURTRY, ERIC D A & HOLLY B 110 PRICE DR WINCHESTER, VA 22602.4375 64A -12- 3- 208- WITHERS, WILLIAM R & MARIE C 112 PRICE DR WINCHESTER, VA 22602.4375 64A -12.3- 209- HAINES, JOHN L & PAMELA T 114 PRICE DR WINCHESTER, VA 22602.4375 Michael T. Ruddy, Deputy Planning Dire or Frederick County Planning Department I,' e d � ' wg , a Notary Public in and for the State and County aforesaid, do ereby certify that IV hael T. Ruddy, Deputy Planning Director for the Department of Plann' g and Development, whose name is signed to the foregoing, dated 3 Q , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of �L j-(9 ©6 My commission expires on L NOTARY PVBLIC 0VO- City of Winchester• Tim Youmans, Planning Director Rouss City Hall Winchester, VA 22601 64A -12- 3.209-A PEMBRIDGE HEIGHTS HOMEOWNERS ASSOC. PO BOX 3838 WINCHESTER, VA 22604.8274 54- A- - 141 - WINCHESTER GOLF CLUB 1300SENSENY RD WINCHESTER, VA 22602-6418 64A - 2- - 13- BURLINGTON, LLC 150 WINGATE DR WINCHESTER, VA 22601.4457 64A - 3- - A - APPLE BLOSSOM PROPERTIES CIO HOSPITALITY HOTEL GROUP 370 NEFF AVE STE U HARRISONBURG, VA 22801.3439 64 - A- - 107-A MAHAVEER, INC 991 MILLWOOD PIKE WINCHESTER, VA 22602.4380 A v R A F. SXENAXDOAX UNIVERSITY IIOVA�0.'� 64 SHENANDO . �• :+�_� M1 � ate• I M. Y u A 107 t.E BLOSSOM PROPERTIES, LP .• , ` R Es S PROPERTIES NI•p rwmr•• Zoning ^'•, . R„R ,._.R ,..ma.,,,n, . MSIM..--- °^•D. ,., REZONING # 02 - 06 g P I) ♦ R. ,,, . . W �IR..._,, R.Mw�o�.�) . R„R�M.R.�.•c�m��) _ Shenandoah °. Ro•o e•nbrlln•• ♦ �E a•�« cwe e, wPe) O RP IR- P.r.,,,,",., •.° N ' ""'.." °"� University • " .M.,.�.�.�.o., o :. _ ,w �, 0 25 50 100( 64 - A - 109, 110 ) Feet °4' P.ml@°c �r�e £@U@cx —cx cx cx • cx a,a \tiP bp0 �PGP4. c1-+e1C "e4 P�v Hlf Jul SOP B k hSS��. Hpy a0 6sp \a )E tip Fo�'jF,Ps R 9R t9 4SSOC Z cFi / Sy $9 W i a Q ♦� N A 11 SNENANDOAH UNIVERSITY o¢ 31bb 1Dyri 2 6sP F�4 J\b 24 , PR FNpNS a W J' 0 h =W Q p ro ¢ C P9 to p S� a¢ S y F City of Winchester JV�* Q 2 J 9 SHENgNCOgH UNIVERSITY C 3 �x 3 41- so CFBCOSSD�pRTp, v o t c < 4 O'oEq� 3 64 A 10?A M AHAVE ER INC fS Cp t Z 9 J � F 60 3 o- 50 't!"N ��FkF e RAIPN "OJ•p 61A 3 A NGOLD �e APPLE BLOSSOM PROPS RIIES L'• Map Features Zoning Appl—bon ^� Bndges . B7 (Business. Neighborhood DisbKt) MS (MedK l Support Disuw;t) REZONING # 02 06 B ^/ Cuherts ® B2 (Buvness. General District) Re (Revdenhal, Plannad Community Dish¢t) Lakes/Ponds N Dams B3 (Business IMusmsi Tranrbon District) R5 (Residenbal ReueaEcnaI Community District) w—Streams ta /N/Remmg Walis EM(Est,.b- Manufeaurmg D,strwd) O RA( Rural Areas District) Shenandoah Buildmgs Road Centerlines HE (Higher Education District) Q RP (Residen0al Perform— Dlstr¢t) - Tanks eN M7 (Industr'al. Lent t) University Q M2(lndustreral1 D,slslal, Gentrlq) Parcels._ Trans . MHl (MobAe Home Community D,atrlct) O SWSA 4i6r ODA t: 0 50 100 200 .,E �(►>' (64 - A - 109, 110) tV t c4rJ�Sj Feet s ' a , ( _ i{ e SHENANDOAH UNIVERSITY, ►s + ;.4411� i 64 A 107A MAHAVEER INC • Map Features Zoning /^',/ Bndges . 31 (B—ess, Neighborhood D,str,d) MS (Medial Support D,st,m) REZONING # 02 06 lo�,l Culverts P Appbwbon ® B2 (Business, General District)) . Rl (R—denbal, Planned Community District) Lakes/Ponds /V Dams Streams /,/ ReU,r,,g Wells . B3 (Buvness, Industrul Tranvbon . EM(Estracbve Manulactunng D—) District( . R5 (Revdenbai Reaeabonal Community D,str,ct) Q RA (Rural Areas Disbict( Shenandoah Buildings Road Centerlines HE (Higher Educabon Dittr,ct) Q RP (Revdenbal Perlormanu DisU,ct) - Tanks N . Mt (Industr,el. Lght D,st-t) University Parmis ',, Q M2 (Industrul, General D,sb,ct( . MHl (Mobile Home Cbmm�nny Dictr,d) , Trails SWSA 00 UDA O N 0 50 100 200 N (64 - A - 109, 110 ) reel u".f W,.h-. W A 110 SHENANDOAH UNIVERSTY Zoning B2 6 A III APPLE B.OSSDM PROPERTIES. LP M.p F-w— Zoning N ♦ a� �e,M�... c ♦ A.IA. N p. ..m. .V--,.—". ♦ L+. % R-dC Wi— ♦ cwoi�w,�L,aH O Ho,H.....Mw.«.o��ao.»u ,.. N • O.,�,. ♦ M� moo,,. o...L� ,.. w�,. m,.. 0 25 50 100 Feet w12 MOV pTTER. O%A CARL 61 A 1. SHENANDOAH UNIVERSITY REZONING # 02 - 06 Shenandoah University (64-A-109, 110) Zoning RP Q� P� Pa y?�v �Q 0 JR� M Ni .2�1 btOH`� �P PyF YO HP0 �PHS. �p 17'f 10565PRORAP U1lLER_ CNR�STO�ER 64A tIJIO� `-ARK_ MJCHAEL L 6 CYNTHIA I W A 1.1D IR.CE IDA M .70 117% ;W'Amll IM6 t :. 03-09-2006 N DEFT. OF GEOGRAPHIC INFO FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS WORKREQUEST DATE REC r;ED =� REQUESTED COMPLETION DATE: REQUESTDZG AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (WrAe additional 450 30 COLbR- /Y1,qi'�S Cy&)� (oq lq- lit, /to DIGITAL: SIZES: COLOR FAX: PAPER: FAX: \ E-�, RFzo N IA1 ,(�-- 1-- C)a - 0 � A BLACKIWH=: L1T_TNIBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS - DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 NDrth lent Street, Winchester, YA 22601, (540)665-5651) 0 • 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 Eric Mike Kevin John COMMENTS: Received by Clerical Staff (Date & Time): I 1 I