75A104_TaskerRoad&WarriorRoadCommercial-•
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AMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on March 4 1998
BOARD OF SUPERVISORS: Approved April 8, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning m002 -98 of Tasker Road and Warrior Road Commercial
WHEREAS, Rezoning Application 9002 -98 of Tasker Road and Warrior Road Commercial
submitted by Fred L. Glaize, II; Jasbo, Inc. requested the rezoning of 35.6774 acres currently zoned
RP (Residential Performance) to B2 (Business General). The property is located at the intersection
of Tasker Road (relocated Rt. 642) and proposed Warrior Road, and approximately 1,000' + west of
the Tasker Road and Warrior Road intersection along the north side of Tasker Road; and is identified
with Property Identification Numbers 75 -A -104, 105 and 117 in the Opequon Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 4, 1998;
and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April
8, 1998; 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 ORDALYED 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 35.6774 acres currently zoned RP (Residential Performance) to B2 (Business General) 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 8th day of April, 1998 by the following recorded vote:
James L. Longerbeam, Chairman Aye Richard C. Shickle Aye
W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye
Charles W. Omdoff, Sr. Aye Robert M. Sager Aye
_0
• 0' GENDASUZEWNElUS0 LLB. MKRWARR.RES
PDRc +408 -98
A COPY ATTEST
Jo R Riley, Jr.
Fre nck`County Administrator
REZONING REQUEST PROFFER
• Property Identification Numbers 75- ((A))- 104,105 & 107
Opequon Magisterial District
JASBO, INC., FRED L. GLAIZE, III,
FREDERICK DEVELOPMENT, INC.
& JAMES L. BOWMAN
"Tasker Road and Warrior Road Commercial"
Preliminary Matters
Pursuant to Section 15.2 - 2296 et. sea., of the code of Virginia, 1950, as amended,
and the provisions of the Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned applicant hereby proffers that in the event
the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application #002 -98 for the rezoning of 35.6774 acres from Residential
Performance (RP) Zoning District to the Business General (B -2) Zoning District,
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 successor or assigns.
Transportation Improvements to Offset Impact of Development
A traffic impact study will be conducted using VDOT procedures for each site
development use proposed within the Tasker Road and Warrior Road
Commercial site at the time of site plan review. Improvements will be
constructed by the undersigned as required by VDOT regulations for the
predicted traffic impacts based upon the specific use proposed.
Restricted Uses
The undersigned, who owns the above described property, hereby voluntarily
proffers that if the Board of Supervisors for Frederick County, Virginia approves
the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon
Magisterial District of Frederick County, Virginia from RP to B -2, the
undersigned will restrict the use of the property by not allowing the following
uses:
• REZONING REQUEST PROFFER
Property Identification Number 75-((A))-104,105 & 107
"Tasker Road and Warrior Road Commercial "
Page 2
• Automotive dealers
• Gasoline service stations (pumps at convenience stores are allowed)
• Hotels and motels
• Car washes
• Golf driving ranges and miniture golf courses
• Batting cages
• Membership organizations
• Civic, Social and fraternal organizations
• Funeral homes & crematoriums
• Drive -in theaters
Restricted Hours of Operation
The undersigned, who owns the above described property, hereby voluntarily
proffers that if the Board of Supervisors for Frederick County, Virginia approves
the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon
Magisterial District of Frederick County, Virginia from RP to B -2, the
undersigned shall restrict hours of operation by requiring businesses to be closed
from 11:00 p.m. to 6:00 a.m.
Parcels to be Rezoned B -2
The undersigned, who owns the above described property, hereby voluntarily
proffers that if the Board of Supervisors for Frederick County, Virginia approves
the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon
Magisterial District of Frederick County, Virginia from RP to B -2, the
undersigned reduces the rezoning request by eliminating parcel 1 as shown on
the attached plan entitled "Tasker Road & Warrior Road" dated 2/10/98 by
Gilbert W. Clifford & Associates.
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 35.6774 acres, lying along Tasker Drive in the Opequon
Magisterial District of Frederick County, Virginia from RP to B -2, the
undersigned will pay to Frederick County for the Stephens City Fire and Rescue
Company the sum of $6,545.97 at the time the first building permit is applied for
• and issued.
• REZONING REQUEST PROFFER
Property Identification Number 75-((A))-104,105 & 107
'Tasker Road and Warrior Road Commercial "
Page 3
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,
1 • GI t r Airn
By: C Date: S,`Fl 9 $
Jasb Inc., James L. Bowman, President
By: /- ' >e- e-- vs - z ' � Date: ;;L
Fred L. Glaize, III
• STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this Lk of V-n nw 1998,
by JamcS (
My Commission expires � -it
Notary Public ( �'_f, iv 17'-1c.h �
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY. To -wit:
The foregoing instrument was acknowledged before me this S day of q 1998,
by err d �_ Cn \r_ \2r �
My Commissi n expires
Notary DiMc r7,7_ M�`)tifL
C,
J
REZONING REQUEST PROFFER
Property Identification Number 75- ((A))- 104,105 & 107
"Tasker Road and Warrior Road Commercial "
Page 4
By: V'v� `�� Date: 5141q?
Jamej L. Bowman
By /=it —e e' e-'3 �_ Date:
Frederick Development Co., Inc.
Fred L. Glaize, III, Vice President
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this 4 day of Mat, 1998,
by J o ry S L_ . �'J o � 0. � for Jasbo, Inc
My Commission expires J \ 3 k 2 co
J
Notary Public l3 yea L (1'l{
• STATE OF VIRGINIA, AT LARGE
FRFDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of ,1998,
by ';�7Ce6_ �, Go\ k-Lc for Frederick
Development, Inc.
My Commission expires c
Noary Public Lt a-
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