76A53_EastgateCommerceCenterTHIS IS THE FIRST OF FOUR
PROFFER STATEMENTS
FOR THIS P.I.N.
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission August 07, 1991
Board of Supervisors August 14, 1991
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#006 -91 OF EASTGATE COMMERCE CENTER
1
WHEREAS, Rezoning application #006 -91 of Eastgate Commerce Center
to rezone 25 acres from RA to B -2, 20 acres from RA to B -3 and 70
acres from RA to M -1 located approximately, l: 5` miles north of
Double Tollgate on U.S. 522_ South in the Opequon:District, and
identified by GPIN 760000A000053'0, was referred to the Planning
Commission on August 7, 1991; and
WHEREAS, the Planning Commission held a public hearing on this
application on August 7, 1991; and
WHEREAS, the Planning Commission received a draft statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on August 14, 1991; and
WHEREAS, the Board of Supervisors received a signed statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Frederick County Board of Supervisors finds this
rezoning to be in the best interest of the public health, safety,
welfare, convenience and good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
That Chapter 21 of the Frederick County Coe, Zoning Ordinance, is
amended to revise the Zoning District Map", to change 25 acres from
RA to B -2, 20 acres from RA to B -3 and 70 acres from RA to M -1
located approximately 1.5 miles north of D'o`uble Tollgate on U.S.
Route 522 in the Opequon District and 'identified as GPIN
76000OA0000530 as described by the application and plat submitted,
subject to the following conditions voluntarily proffered in
writing by the applicant and property owner as follows:
This ordinance shall be in effect upon its passage.
Passed this 14th day of August, 1991.
A Copy Teste
Jcct(hdn ile , Jr
Fr�ick County ZLdministrator
PROFFER
EASTGATE COMMERCE CENTER REZONING REQUEST
(REVISED 8/14/91)
CASE NO. 0(o
We, the undersigned, WRIGHTS RUN L.P., sole owner of the land to be
rezoned under zoning request number 00tn•41 , referred to as the Eastgate
Commerce Center rezoning, and the applicant for said rezoning, hereby
voluntarily proffer the following conditions. The conditions proffered shall be
binding upon the heirs, executors, administrators, assigns, and successors in
interest of the undersigned. In the event the Frederick County Board of
Supervisors grants said rezoning to B -2, B -3 & M -1 and accepts these conditions,
the following proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code:
® 1. As shown on the attached Generalized Development Plan, access to the
property to be developed will be by two intersections along the proposed Rte. 642
(Point B) and one intersection along U.S. Rte. 522 south. (Point D)
2. Within 60 days after rezoning approval by the Board of Supervisors
the owner will transfer to the Virginia Department of Highways or to the County
of Frederick, the eighty foot (80') fee simple right -of -way together with necessary
easements as shown on said plat as running from U.S Rte. 522 (Point C) to the
lands of James T. Vickers (Point A).
3. Wiring for electrical and telephone services within the development
area will be placed underground. The development area is the area bounded by
the limits of this proposed rezoning and adjacent rights -of -way.
4. The owners proffer the construction of a frontage road along the
commercially zoned .frontage with Rte. 642 as shown on the Generalized
®Development_ Plan from .Point E to Point F. All B -3 zoned uses will be developed
utilizing this frontag6- oad. A road efficiency buffer 30' in width between
pavements provided with landscaping and /or seeding for aesthetic purposes
along the cooridor, will be'provided.
Eastgate Proffers Con't.
(Rev.: 9114/91)
5. If or when, in the opinion of the Virginia Department of Transportation,
traffic signal(s) are required, the owners will construct the signalization and
associated improvements at the intersection of Va. Route 642 and the proposed
access road intersection (Point B) and /or at the US Route 522 and industrial
access road intersection (Point D). The signal light system will meet all VDOT
requirements. Notification shall be made at the time of any site plan review for
uses within the park. The owner proffers to construct the signal system within
nine (9) months of the date of such notification.
6. The owners proffer that all development on this site will be served by
central sewer and water facilities, which will be brought to the site by the
developer and provided by the Frederick County Sanitation Authority; except,
that individual sewer and water interim onsite facilities may be used for each of
the first three established business, in aggregate totalling no more than 400
employees. Such interim facilities are to be specifically approved by the Health
Department prior to site plan approval.
7. The owners proffer that storm water detention calculations will be
presented with final design which show no adverse impacts created by the
imposition of increased storm water on the existing downstream water course.
Storm water detention structures will be designed to limit post - development
flows to pre - development levels in accordance with state and county regulations.
Also, at the time of site plan approval, suitable analysis of run off quality impacts
will be performed, so as to mitigate a portion of the impact created by industrial
development of the site.
8. The owners proffer to construct a right turn lane on US Route 522 (Point
D) when the industrial access road is constructed. This access road may be
constructed and placed in operation prior to improvement of US Route 522 by
V.D.O.T. The owner further proffers to construct all road facilities to V.D.O.T.
requirements. and fo. -V P.O.T. approval prior to development.
"i
i;
Eastgete Proffers Cont.
(Rev.: 8114/91)
9. The owners proffer that interim uses described in #6 above, will be
provided with interim on -site fire protection satisfactory to the County Fire
Marshall, in the form of reservoir(s) of water with suitable means of delivery by
access to fire pumper truck.
10. The applicant desires to donate $5,000.00, in cash, at the time of transfer of
the first building lot or issuance of the first grading permit and an additional
$5,000.00, in cash, at the time of each of the second, third and fourth building lots
or issuance of each of the second, third or fourth grading permits to the Stephens
City Fire Department in order to provide for the expanded commercial and
industrial zoning fire needs. Should the entire site be transferred one parcel, the
Applicant will make a $20,000.00, in cash, donation to the Stephens City Fire
Department to be used for their needs.
® Allan Hudson
Frank Maranto
Sidney Lesowitz
Richard Peterson
Cindy Miller
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AREA SUMMARY
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I UIAL AREA: 23 5.7189 Acres
• - _ EXISTING ZONING: RA
y J •ti'J!t`� � w nJ l t: ! iL!'''p ` It'i', f ..lF')t } 9 1 : -41
� � i ( i �� ` l � lS { k.,• ' � x� 4 � , • •� 7 PROPOSED ZONING: RA (Unchan ged) 11 5 Acres
`� � �• off`'. � t- ,
RA to B -2 — 25 Acres
o B -3 -- ZO Acres
T y+'` ( , �y ; S S r i ,� ,A!�j z. '-- f '' tt `,,. .,f fi��• f 1F �-`it ~f, „� RA to M- 1 70 Acre
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Rte. . �'TL
Dedication 5 Acres ±
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IARCII 1991�� f�
`~ C. L MAOOOX, JR.'L
(,.E.ti1. & t.w.p.
• (:Ef2rlflCAtE No.
W. P. 1091
GEM
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IARCII 1991�� f�
`~ C. L MAOOOX, JR.'L
(,.E.ti1. & t.w.p.
• (:Ef2rlflCAtE No.
W. P. 1091
GEM
1
t
gilb e r t w. diff'ot• d I - & associ.,'A w s, ific.
L`ngincers - Land Planners
Surveyors
150 -C 01de Creenwicii Drive 200 Norm Cimeroji Street JCounty� , e '• itcrt�,ksia a c ur . Vir i�li� 2201_ ID 1. S.Q.S. -2 -1 1 ,Vi�icii4stc,c�,Vir�ini� Z1 <0 t 1103) �Sri7- 21:39 �t Frederick,
It
(generalized Development Ylaf,
J
Virginia
1 " =200'