76A53_EastgateCommerceCentera
AMENDMENT
Action:
THIS IS THE SECOND OF FOUR
PROFFER STATEMENTS
FOR THIS P.I.N.
PLANNING COMMISSION: Recommended Approval on July 2, 1997
BOARD OF SUPERVISORS: Approved on August 13, 1997
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#002 -97 of EASTGATE COMMERCE CENTER
WHEREAS, Rezoning Application #002 -97 of Eastgate Commerce Center requested the
rezoning of land currently zoned RA (Rural Areas), B2 (Business General), B3 (Industrial
Transition), and Ml (Industrial Light) within the Eastgate Commerce Center, to create 51.96 acres of
B2 (Business General) zoned land; 2 1. 10 acres of B3 (Industrial Transition) zoned land; and 51.83
acres of Ml (Industrial Light) zoned land and identified with P.I.N. 76 -A -53. The property is
located on the west side of Route 522 South (Front Royal Pike) at the intersection of Route 522
South and Route 642 (Tasker Road).
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 2, 1997;
and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
August 13, 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 land currently zoned RA (Rural Areas), B2 (Business General), B3 (Industrial Transition),
• and Ml (Industrial Light) within the Eastgate Commerce Center, to create 51.96 acres of B2 (Business
General) zoned land; 21.10 acres of B3 (Industrial Transition) zoned land; and 51.83 acres of Ml
• (Industrial Light) zoned land 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 13th day of August, 1997 by the following recorded vote:
James L. Longerbeam, Chairman Ave Richard C. Shickle Ave
W. Harrington Smith, Jr. Aye
Charles W. Orndoff, Sr. Aye
0I ENDAS\REZONE\EASI'GATE. RES
PDRa001f9]
Margaret B. Douglas
Robert M. Sager
A COPY ATTEST
Joh Riley, Jr.
Frederick County Administrator
Aye
Aye
• REZONING REQUEST PROFFER
Property Identification Number 76- ((A)) -53
Shawnee Magisterial District
EASTGATE COMMERCE CENTER
WRIGHTS RUN, LP
Preliminary Matters
Pursuant to Section 15.1 - 49.1 et. seo.- 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 K002 -97 for the rezoning of approximately 235.75
acres from the present RA - 112.20 acres, B -2 - 25.00 acres, B -3 - 23.86 acres and M -1 - 74.69
acres to RA - 79.00 acres, B -2 - 51.96 acres, b -3 - 2 1. 10 acres and M -1 - 51.38 zoning now
consisting of 203.89 acres (see attached zoning map; sheet 1 of 2), 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 (the
undersigned) and their legal successors or assigns.
Request to Amend Original Proffers
The undersigned request to amend the outstanding proffers of August 14, 1991 adopted
for the rezoning approved by the Frederick County Board of Supervisors for the Eastgate
Commerce Center. Voluntarily proffered are the following amended proffers for the East-gate
Commerce Center: `
I. Street intersection connections to Tasker Road will be limited to five streets that
create three intersections with Taster Road. These streets are shown on the attached
;Master Development Plan and labeled as Eastgate Drive, Rams Head Road. Arme!
Circle, Bearcat Circle and Wrights Run Road.
2. All streets in the Eastgate Commerce Center will be constructed to VDOT standards.
Right turn lane entering Sunrise Drive from southbound Front Royal Pike (US Route
522) and road improvements required to exit onto southbound Front Royal Pike at
Sunrise Drive, if required b.% VDOT. will be built bv_ the undersi_ed to V DOT
standards.
3 The undersigned will pav to Frederick County, at the time of the next lot transfer or
issuance of the next grading permit, the sum of five thousand dollars (55,000.00) for
Fire and Rescue Emergency Services costs.
•
• REZONING REQUEST PROFFER
EASTGATE COMMERCE CENTER
PAGE 2
General Development Plan
The development of the subject property will provide for a street layout connecting with
the relocated VA State Route 642, known as Tasker Road and US Route 522 known as Front
Royal Pike as shown on the attached Master Development Plan, Sheet 2 of 2 - Master
Development Plan for Eastgate Commerce Center, dated January 27, 1997.
Voluntarily proffered is the attached Master Development Plan and as shown on the
Master Development Plan for Eastgate Commerce Center the following improvements:
I. A thirty foot (30') wide road efficiency buffer along both sides of Tasker Road
landscaped with a double row of evergreen plants four feet (4') minimum in height will
be installed by the undersigned. The road efficiency buffer may be used for right -of-
way expansion of Tasker Road.
2. A traffic signal at the intersection of Tasker Road and Front Royal Pike (US Route
522) and the exansion of the left turn lane from northbound Front Roval Pike (US
Route 522) west onto Tasker Road will be constructed by the undersigned within nine
(9) months of an official notification by VDOT.
• 3. Additional right -of -way for the construction of turn lanes and/or travel lanes along
Tasker Road will be provided by the undersigned to VDOTat subdivision stage.
4. A traffic impact study will be conducted using VDOT procedures for each site
development use proposed within the Easmate Commerce Center 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 traf is impacts based upon the specific
proposed use. Notification of the existence of this proffer shall be provided to each lot
purchaser prior to or at the time of each 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 of S5]S
acres of the 203.39 acre tract, lying on the west side of US Route 522 south alone Tasker Road in
the Shawnee Magisterial District of Frederick County, Virginia From existing R--k B -2. B -3 and
M -( to RA, B -2, B -3 and M -1 zoning district, the undersigned will pay to Frederick County, at
the time of time of the next lot transfer or issuance of the next grading permit, the sum of six
thousand one hundred sixty -six dollars and twenty -three cents (56,166.23) for Fire and Rescue
Emergency Services costs.
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 Countv
® 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.
l
• REZONING REQUEST PROFFER
Property Identification Number 76-((A) )-53
Shawnee Magisterial District
EASTGATE COMMERCE CENTER
WRIGHTS RUN, LP
PAGE 3
Respectfully submitted,
STATE OF VIRGINIA, AT LARGE
GP
CITY OF WINCHESTER, To -wit: n
The f �eg9m�g ins�t,ru/ment was acknowledged before me this day of
1997,b
• My Commission expires 91601 7
Notary Public
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