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HomeMy WebLinkAbout76A48A_EastgateII• Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: AMENDMENT Recommended Approval on October 1 1997 Approved on October 22, 1997 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP 6004 -97 of EASTGATE II WHEREAS, Rezoning Application #1004 -97 of Eastgate II, submitted by Jasbo, Inc., requested the rezoning of 2.5927 acres currently zoned RA (Rural Areas) to Ml (Industrial Light) . The property is located at the southwest corner of Tasker Road (relocated Route 642) and Marcel Drive in the • Eastgate Commerce Center, and is identified with P.I.N. 76- A -48A. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 1, 1997; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October 22, 1997; 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 2.5927 acres currently zoned RA (Rural Areas) to MI (Industrial Light) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. • This ordinance shall be in effect on the date of adoption. Passed this 22nd day of October, 1997 by the following recorded vote: James L. Longerbeam, Chairman Aye Richard C. Shickle W. Harrington Smith, Jr. Aye Margaret B. Douglas Charles W. Orndoff, Sr. Aye Robert M. Sager A COPY ATTEST Jolii,) . Riley, Jr Frederick County Administrator U • O:UGENDASREWNE�EASI'GAn RES PDR. 4019 -97 Ave Aye Aye • REZONING REQUEST PROFFER Property Identification Number 76- ((A)) -48A Shawnee Magisterial District Preliminary Matters Pursuant to Section 15.1 - 491.1 et. se q. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #LO�-97 for the rezoning of approximately 2.5927 acres from the present RA to M -1. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development • A thirty foot (30') wide road efficiency buffer along Tasker Road landscaped with a double row of evergreen plants four feet (49 in height will be shown on the site development plan for the property and shall be installed by the owner of the property prior to issuance of an occupancy permit for any use proposed for the property. A traffic study will be conducted for VDOT using VDOT procedures for the site at the time of site plan review. Improvements to Tasker Road will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific proposed use. Notification of the existence of this proffer statement shall be provided to the lot purchaser at the time of lot sale. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 2.5927 acre tract, lying on the south side of of relocated VA. Route 642 Tasker Road in the Shawnee Magisterial District of Frederick County, Virginia from existing RA to M -1 zoning district, the undersigned will pay to • Frederick County, at the time a building permit is applied for and issued, the sum of Seven hundred ninety -two dollars and eighty cents ($792.80) for Fire and Rescue Emergency Services costs. • REZONING REQUEST PROFFER - Page 2 Property Identification Number 76- ((A)) -48A Shawnee Magisterial District The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER B Y' Date- i 12 S 7, STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this � day of �Ck 1997, by _,-J& - - - - - -- My Commission expires /anr>-1' n/.' �P Notary Public OWNER te: 9-2-97 STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing in ,2ep y , 1997, by .7 My Commission was acknowledged before me this a P � VA day of 0 REZONING REQUEST PROFFER - Page 2 Property Identification Number 76- ((A)) -48A Shawnee Magisterial District STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was apt _, 1997, by �i�y fs1 My Commission expires PROPERTY OWNER M before me this 4t day of Notary Public STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of - -- 1997, by --------------------------------- My Commission expires Notary Public 11