75A105A_TaskerRoad&WarriorDriveCommercialProfferRevisionAMENDMENT
Action:
PLANNING COMMISSION: December 6, 2006 - Recommended Approval
BOARD OF SUPERVISORS: January 10, 2007 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 916 -06 OF TASKER ROAD AND WARRIOR DRIVE
COMMERCIAL PROFFER REVISION
WHEREAS, Rezoning #16 -06 of Tasker Road and Warrior Drive Commercial Proffer Revision,
submitted by Greenway Engineering, to revise proffers concerning the rezoning of 10.73 acres to B2
(General Business) District. The proffer revision addresses the hours of operation on the property. The
properties are located in the southeast quadrant of the intersection ofTasker Road (Route 642) and Warrior
Drive (Route 1141), in the Opequon Magisterial District, and are identified by Property Identification
Numbers (PINS) 75- A -105A, 75- A -105B, 75- A -105C, and 75- A -105D
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006.
2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 10, 2007; 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 proffers concerning the
rezoning of 10.73 acres to B2 (General Business) District. The proffer revision addresses the hours of
operation on the property, as described by the application and attached conditions voluntarily proffered
in writing by the applicant and the property owner.
PDRes 403 -07
This ordinance shall be in effect on the date of adoption.
Passed this I Oth day of January, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gary Dove
Aye
Bill M. Ewing
Aye
Gene E. Fisher
Aye
Charles S. DeHaven, Jr.
Aye
Philip A. Lemieux
PDRes. #03 -07
Aye
A COPY ATTEST
John R. ley, Jr.
Frederick County Administrator
Tasker Road and Warrior Road Commercial Rezoning
October 17, 20D6
Revised December 8, 20D6
TASKER ROAD AND WARRIOR ROAD COMMERCIAL
PROFFER STATEMENT
REZONING: RZ# 16 -06
B -2, Business General District with Proffers to B -2, Business General
District with Revised Proffers
PROPERTY: 10.73 acres + / -;
Tax Parcels #75- ((A)) -105A; 75- ((A)) -105B; 75- ((A)) -105C; and 75-
((A))-105D (here -in after the "Property ")
RECORD OWNER: JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC,
Ervin Properties, LLC
APPLICANT: JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC,
Ervin Properties, LLC (here -in after the "Applicants ")
PROJECT NAME: Tasker Road and Warrior Road Commercial
ORIGINAL DATE
OF PROFFERS: April 8, 1998
REVISION DATE: October 17,2006; Revised December 8, 2006
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned Applicants hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application #16 -06 for the rezoning of 10.73± acres
from the B -2, Business General District with Proffers to establish 10.73± acres of B -2, Business
General District with Revised Proffers, 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 the said Code and Zoning
Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant
and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by JEM VII, LLC, H.N.
Funkhouser & Co., Treybul Company, LC, and Ervin Properties, LLC being all of Tax Map
Parcels 75- ((A)) -105A, 75- ((A)) -105B, 75- ((A)) -105C, and 75- ((A)) -105D and further described
by Instrument Number 050015374, Instrument Number 050023431, Instrument Number
050008207. and Instrument Number 050008205.
File #4806/EAW Greenway Engineering
Tasker Road and Warrior Road Commercial Rezoning October 17, 2006
Revised December 8, 2006
PROFFER STATEMENT
Transportation Improvements to Offset Impact of Development
The Applicants hereby proffer that a traffic impact study will be conducted using VDOT
procedures for each site at 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
Applicants as required by VDOT regulations for the predicted traffic impacts based upon the
specific use proposed.
Restricted Uses
The Applicants hereby proffer to restrict the use of the Property by not allowing the following
uses:
Automotive Dealers
Gasoline service stations (pumps at convenience stores are allowed)
Hotels and Motels
Car Washes
Golf Driving Ranges and miniature golf courses
Batting Cages
Membership Organizations
Civic, Social, and Fraternal organizations
Funeral homes and crematoriums
Drive -in theaters
Restricted Hours of Operation
The Applicants hereby proffer to restrict hours of operation by requiring businesses to be closed
from 12:00 a.m. to 5:00 a.m.
File #48061EAW Crteenway Engineering
October 17, 2006
Tasker Road and Warrior Road Comn._ -ial Rezoning Revised December 8, 2006
Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner. In the event the Frederick
County Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
JEM VII, LLC
-.
By
James E. Martin, Manager Date
Commonweaitlf f virgdnia-
Eity /County of (t� 1 To Wit:
The foregoing instrument was acknowledged before me thP-hday of2�
20()') by
rd
//,, ��--� Notary Public
my Commission Expires ' � I d 'd 6 V
Greenway Engineering
File #48061EAW
Tasker Road and Warrior Road Coma _ial Rezoning October 17, 2006
Revised December 8, 2006
Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner. In the event the Frederick
County Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
H.N. Funkhouser, Co.
By: Date
Robert W. Claytor, President
Commonwealth of Virginia,
City /C -04nty of U4t(,pl(l- ,eSIPI' To Wit:
The foregoing instrument was acknowledged before me this day of
20] by
Notary P lic
My Commission Expires Cot(
kL
Greenway Engineering
File #4806(EAW
Tasker Road and Warrior Road Com._ _dial Rezoning October 17, 2006
Revised December 8. 2006
Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner. In the event the Frederick
County Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
Treybul Company, LC
3--I"i
By' �� Date
Jo1�n C. ewis, Manager
Commonwealth of Virginia,
City /County of V nch(f Wit(' To Wit:
The foregoing instrument was acknowledged before me this day of L rv�7
2001by john C Lt --wiS
G.
NotAryy�ublic
My Commission Expires t� /
File #4806 /EAW Greenway Engineering
October 17, 2006
Tasker Road and Warrior Road Corm - .oial Rezoning Revised December 8, 2006
Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner. In the event the Frederick
County Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
Ervin Properties, LLC
3 /'�- 07
By:
Davi A. Ervin, President Dat
Commonwealth of Virginia,
City /e'ff t r of (.t ) 1 n C �NOC U( C To Wit:
The foregoing instrument was acknowledged before me this 1 I day of
ID —0-f .L
No ar u lie
My Commission Expires b 3 1
Greenway Engineering
He #4806 /EA W