76A53_EastgateCommerceCenter•
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AMENDMENT
Action:
THIS IS THE THIRD OF FOUR
PROFFER STATEMENTS
FOR THIS P.I.N.
PLANNING COMMISSION: Recommended Approval on March 4 1998
BOARD OF SUPERVISORS: Approved April 8, 1998
KIM
THE ZONING DISTRICT MAP
Rezoning m001 -98 ofEastgate Commerce Center
WHEREAS, Rezoning Application 9001 -98 of Easgate Commerce Center submitted by Wrights
Run, L.P. requested the rezoning of 82.1723 acres currently zoned RA (Rural Areas) to Ml (Light
Industrial). The property is located on the south side of Tasker Road (relocated Rt 642), and is
identified with Property Identification Numbers 76 -A -53 and 87 -A -17 in the Shawnee 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 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 82.1723 acres currently zoned R4 (Rural Areas) to M1 (Light Industrial) 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 &07 -98
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. Longerbearn, Chairman
W. Harrington Smith, Jr.
Charles W. Orndol� Sr.
O' UOENDAaRLI..ONEV IESOII,"MEA$IGA77.RES
MR. W7.93
Ave Richard C. Shickle Aye
Aye Margaret B. Douglas Aye
Aye Robert M. Sager Aye
A COPY ATTEST
John ey, Jr.
Frederick County Administrator
REZON" TG REQUEST PROFFER
Property Identifica.ion Numbers 76- ((A)) -53 and 87- ((A„ -17
Shawnee Magisterial District
EASTGATE COMMERCE CENTER
WRIGHTS RUN, L.P.
ROCKLAND A. & ELIZABETH SEE
Preliminary Matters
Pursuant to Section 15.1 - 491.1 et. seq., of the code of Virginia, 1950, as
amended, and the provisions of 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 # 001- 98 for the rezoning of 82.1723 acres from the present
Rural Area (RA) Zoning District to the Industrial (M -1) 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 Impacts of Development
A traffic impact study will be conducted using VDOT procedures for each
site development use proposed within the Eastgate Commerce Center 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.
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 82.1723 acre tract, lying on the east side of
U.S. Route 522 South along Route 642 in the Shawnee Magisterial District of
Frederick County, Virginia from RA to M -1, the undersigned will pay to
Frederick County for the Stephens City Fire and Rescue Company, 0.02¢ per
square foot for each structure constructed by the 82.1723 acres zoned to M -1, to be
paid at the time of building permit application and approval.
•
E
REZONING REQUEST PROFFER
Property Identification Numbers 76- ((A)) -53 and 87- ((A)) -17
EASTGATE COMMERCE CENTER
Page 2
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 OWNERS:
MINIMUM
a � �
By: _
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrum
ent was acknowledged before me this /c?_ day of ,ea 1998,
by ofW ' tSRu -,LP.
My i
Notary Public
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of 1998,
a
My Commission ecpues
® Notary Public