87A34_EastgateCommercialAMENDMENT
Action:
PLANNING COMMISSION: March 21, 2007 - Recommended Approval
BOARD OF SUPERVISORS: April 25, 2007 @ APPROVED ❑ DENIED
:► •Cl ►:_� Sul_ ►1�i► ,
THE ZONING DISTRICT MAP
REZONING #02 -07 OF EASTGATE COMMERCIAL
WHEREAS, Rezoning #02 -07 of Eastgate Commercial, submitted by Patton Harris Rust & Associates,
to rezone 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and 8.23
acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial uses, was
considered. The properties are located west of Front Royal Pike (Route 522 South), immediately north and
south of Maranto. Manor Drive, in the Shawnee Magisterial District, and are identified by Property
Identification Numbers 87 -A -34, 87- A -34B, 87 -A -35, 87 -A -36, 87 -A -37 and 76 -A -53.
WHEREAS, the Planning Commission held a public hearing on this rezoning on March2l, 2007; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 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 Zoning District Map to
change 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and 8.23
acres from B3 (Industrial Transition) District to B2 District, for commercial uses, with proffers, 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 #2M7
This ordinance shall be in effect on the date of adoption.
Passed this 25th day of April, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Ave Barbara_E._V_an Osten_ - --
Gary Dove
Aye
Bill M. Ewing
Aye
Gene E. Fisher
Aye
Charles S. DeHaven, Jr.
Aye
Philip A. Lemieux
PDRes 428 -07
Aye
A COPY ATTEST
John R. Rir(ey; it.
Frederick County Administrator
PROPOSED PROFFER STATEMENT
REZONING: RZ # 0� —0 7
Rural Areas (RA) — 10.65 acres and Industrial Transition (B3) 8.23 acres
to Business General (B2)
PROPERTY: 18.88 acre + / -; Tax Map Parcels 87 -A -34, 34B, 35, 36, 37 and portion of 76-
A-53 (the "Property ")
RECORD OWNER: Wrights Run, LP; Real Tech, LLC; Steven and Mary Ritter
APPLICANT: Wrights Run, LP
PROJECT NAME: Eastgate Commercial
ORIGINAL DATE
OF PROFFERS: November 13, 2006
REVISION DATE(S): 2/9/07; 2/10/07; 2/21/07; 2/30/07; 4/17/07
The undersigned hereby proffers that the use and development of the subject property (" Property"),
as described above, shall be in strict conformance with the following conditions, which shall supersede all
other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional
rezoning is not granted as applied for by the applicant ( "Applicant's, these proffers shall be deemed
withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the
Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day
upon which the Frederick County Board of County Supervisors (the `Board ") decision granting the rezoning
may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not
to submit development plans until such contest is resolved, the term rezoning shall include the day following
entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed,
the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used in these
proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development
Plan, Eastgate Commercial" dated November 12, 2006 revised April 16, 2007 (the "GDP "), and shall include
the following:
1. Transportation
1.1 The Applicant shall locate a right in /right out entrance to access the site in the general
location depicted on the GDP. No additional entrances shall be located along Maranto
Manor Drive between the identified entrance and Maranato Manor Drive's terminus at
Route 522. Said improvements shall be subject to VDOT review and approval during site
plan review. (See 1 on GDP)
1.2 The Applicant shall bond a traffic signal, two northbound left tam lanes, and a westbound
left turn lane at the intersection of Rainville Road and Tasker Road prior to issuance of a
land disturbance permit for die Property. The Applicant shall construct said improvements
witMn 180 days of receiving written notice from the County and /or VDOT. (See 2 on
GDP)
1.3 The Applicant shall bond a traffic signal and the following turn lanes at the intersection of
the future project entrance and the existing entrance for the Home Depot Distribution
Proffer Statement
Eastgate Commercial
Center on Maranto Manor Drive: Southbound left turn lane, Southbound right turn lane,
Westbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound
left turn lane. The Applicant shall bond said improvements prior to issuance of a land
disturbance permit and shall construct said improvements within 180 days of receiving
written notice from the County and /or VDOT. (See 3 on GDP)
1.4 The Applicant shall bond an Eastbound left turn lane for Maranto Manor Drive at the
intersection of Maranto Manor and Route 522 prior to issuance of a land disturbance permit
for the Property. The Applicant shall construct said improvements within 180 days of
receiving written notice from the County and /or VDOT. (See 4 on GDP)
1.5 The Applicant shall bond an additional northbound left turn lane, an additional
eastbound left turn lane as well as any additional improvements as deemed necessary by
VDOT at the intersection of Tasker Road and Route 522 prior to issuance of a land
disturbance permit for the Property. The Applicant shall construct said improvements
within 180 days of receiving written notice from the County and /or VDOT. (See 5 on
GDP)
1.6 The Applicant shall locate a maximum of one right -in /right -out entrance along the
Property's frontage with Route 522. Said entrance shall be subject to review and approval by
VDOT during site plan review. In the event that VDOT finds the proposed entrance
acceptable, the right -in /right -out shall be located as generally depicted on the GDP. (See 6
on GDP)
1.7 The Applicant shall construct the extension of Maranto Manor Drive to connect to existing
Rainville Road. Said improvement shall be constructed prior to issuance of a certificate of
occupancy for any building on the Property.
1.8 Transportation improvements shall be made in conformity with the GDP.
2. Pedestrian- Bicycle Trail
2.1 The Applicant shall construct a 10 foot public pedestrian - bicycle trail with an asphalt surface
in lieu of sidewalks along the Property frontage on Route 522.
3. Monetary Contribution to Offset Impact of Development
3.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick
County for fire and rescue purposes. Said contribution shall be made at the time of issuance
of the first building permit for the site.
3.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick
County for Sheriff's Office purposes. Said contribution shall be made at the time of
issuance of the first building permit for the site.
4. Land Use
4.1 Development on the Property shall not exceed a Floor Area Ratio (FAR) of .25.
4.2 No loading bays shall be visible from Route 522 or Tasker Road.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 2 of 5
Proffer Statement
Respectfully submitted,
Wrights Run, LP
By: ) 11
Date: l j 4'l (}
SPATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Easigate Commercial
The foregoing n¢ ment was acknowledged before me this day of i
2007, by 41(4 /L�d 5 S
My commission expires g / -i / /ZUU `2
Notary Public 4e 6,
Page 3 of 5
Proffer Statement
Respectfully submitted,
Real Tech, LLC
Date: ca
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Eastgate Commercial
The foregoing instrument was acknowledged before me this / % rday of A_ L;
2007, by
My commission expires D F,/3 oD %
Notary Public (11 E
Page 4 of 5
Proffer Statement
Respectfully submitted,
Steven Ritter
By: j_�C %✓ 94
Date: G/ —A O —0 7-
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit
Eastgate Commercial
The foregoing instrutr'ent was acknowledged before me this ZU day of_�
2007, by � n/ K-; ffil-.E
My commission expires. '.31 . fi� uSf zoo
Notary Public A4 �
Mary Ritter
By:
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing
instrument was acknowledged before me this
ZO day of
_
2007, by ly//
-ref
My commission expires li ZCl�
Notary Public
Page 5 of 5
Th
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\h 4�hP
?� EX. ZONING, B3
WHITE'S STORAGE
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EXISTING, M -1
?y
EXISTING B3
PRGPOSED, B2
R9NT0
M.
Sv
E%. ZONING B2
G
oG
FUTURE
RIGHT —IN
RIGHT —OUT
EXISTING, B3
PROPOSED, B2 ° q EXISTING RA
PROPOSED B2 �
3 � 4
0 � �
EXISTING B2
EXISTING RA — 10,65 AC 1
EXISTING B3 — 8.23 AC \' -J G /
EXISTIN i �
TOTAL — 18.88 AC < A 2
@R HT—IN
RVGFG T —OUT
J y EXISTING RA
PROPOSED 32
EXISTING HOME DEPOT
DISTRIBUTION CENTER /
EXISTING, M -1
/
l
EASTGATE COMMERCIAL
Patton, Harris,
Rust & Associates, pc
o
ti
y
GENERALIZED DEVELOPMENT PLAN
117 E. Picadilly St.
Winchester, Virginia 22601
VOICE: (540) 667 -2139
FAX: (540) 665 -0493
V
FRED FRICK COUNTY, VIRGINIA
RZ #04-97
11
................
................. .................
PROFFERED TRANSFOrlTA-701N IMF'166(Z��
........
...........
................ . . . ........ . .
Rz
02
'Ill/
.......... ..
— Sk'nalizotion or Tasl(�-"V Road),L"u, -2
RZ
04-97
— TIA at Site Plan
RZ
01 -95
— TIA at Site Plan
RZ
02-07
— Tasker/522: 2nd NB left, 2nd EB left
Maranto Manor/522: 2nd EB left
Rainville/Tasker. Signalization, Dual NB lef-1.
,Maranto Manor/Project Entrance: Signalization, NB Left, SB
EB Left, WB Left and Rig
o EASMATE COMERCIAL
ZONING HISTORY
FRMV?1CX C00W, VFUNA
& Right,
Patton, Harris, Rust & Associates, pc
117 F. Picadlll St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493