76A53J_EastgateCommercialProfferRevisionO
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RESOLUTION ~'
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Action:
PLANNING COMMISSION: December 5, 2012 - Recommended Approval
BOARD OF SUPERVISORS: January 9, 2013 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08-12 PROFFER REVISION OF EASTGATE COMMERCIAL
WHEREAS, Rezoning 908-12 Proffer Revision of Eastgate Commercial, to revise the proffers
associated with Rezoning #02-07 relating to the Transportation section of the proffers, was considered.
The proffer, originally dated February 9, 2007, and amended November 1, 2012, is a minor proffer revision
to allow left turn access into the parcel from Maranto Manor Drive. Also, the revised proffers construct the
access point and clarify the limited access to the parcels on the north side of Maranto Manor Drive in this
location. The properties are located west of Front Royal Pike (Route 522) at the intersection of Front Royal
Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive, in the Shawnee Magisterial
District, and are identified by Property Identification Numbers 76 -A -53J, 76 -A -53K, 76 -A -53L, 76 -A -53M
and 76 -A -53N.
WHEREAS, the Planning Commission held a public meeting on this rezoning on December 5, 2012
and forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors held a public meeting on this rezoning on January 9, 2013; and
WI IERE,�,.S, 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
Rezoning #02-07. The proffer, originally dated February 9, 2007, and amended November 1, 2012, is a
minor proffer revision to allow left turn access into the parcel from Maranto Manor Drive. Also, the
revised proffers construct the access point and clarify the limited access to the parcels on the north side
of Maranto Manor Drive in this location, as described by the application and attached conditions
voluntarily proffered in writing by the applicant and the property owner.
PDRes. 437-12
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of January, 2013 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye
Gene E. Fisher Aye__ Christopher E. Collins Aye
A COPY ATTEST
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Johns 16 Filey,'Jr.
Frederick County Administrator
K 01 i`srj .-C. .
Ti;:- i<nstrnn:ent of ., iti g =Ias produced to me 011
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and with certificate ac►:nc : �ieirei�t thereto annexed
was ad fitted to reco.-d. !"axilr; osed by Sec. 58.1-802 of
$ , and 55.1-801 have been paid, if asses le.
, Clerk
PDRes. #37-12
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1300007,943
PROFFER STATEMENT
REZONING: RZ # 08 _ L2
B2 with Proffers to B2 with Revised Proffers
PROPERTY: Tax Map Parcels 76 -A -53J, 76 -A -53K, 76 -A -53L, 76 -A -53M, 76 -A -53N
RECORD OWNER: Winchester South, LLC
APPLICANT: Winchester South, LLC
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, 8/5/12; 9/12/12;
10/2/12; 11/1/12
The undersigned hereby proffers that the use and development of the subject property ("Property's,
as described above, shall be in strict conformance with the following conditions, which shall supersede all
other proffers drat 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"), these proffers shall be deemed
withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the
Prop" 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 August 15, 2012 (the "GDP") attached as
Attachment A, and shall include the follow=ing:
1. Transportation
1.1 The Amlicant shall locate entrances to access the site as may be moroved by VDOT and
the Frederick County Director of Transportation in accordance with the current version of
the Access Management Guidelines (24 VAC 30-73)Said design shall be supported by
traffic studies deemed necessaIT by VDOT and subject to VDOT review and approval
during site plan review.
1.1a. The entrance to Lot 3A/3B shall be restricted to a right -in. right -out, left -in only as
shown on the Concept Plan. (See Attachment B)
Proffer Statement
2.
3.
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Winchester South, LLC
1.2 The Applicant shall bond a traffic signal, two northbound left turn 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 the Property. The Applicant shall construct said improvements
within 180 days of receiving written notice from the County and/or YDOT. (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
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 Deleted.
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.
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_
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 Sheriffs Office purposes. Said contribution shall be made at the time of
issuance of the first building permit for the site.
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.
Page 2 of 4
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Proffer Statement Winchester South, LLC
4.3 Automotive fuel sales shall not be permitted on areas identified as Lots 2 or 3B on the GDP.
4.4 Tractor trailer fuel sales shall not be permitted on the area identified as Lot 3A on the GDP.
4.5 Installation of no more than 12 vehicle fueling stations maybe permitted on Lot 3A.
4.6 Should uses proposed on the subject properties exceed trip generation volumes as allowed
by the Traffic Impact Analysis dated February 9. 2012 and revised September 12, 2012,
VDOT may require this traffic study be updated to reflect the actual uses.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 3 of 4
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Proffer Statement TKinchester South, LLC CD
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Respectfully submitted,
Winchester South, LLC
Bir
e, /—,
Date:
MA P-Y-A✓d
STATE OF Vim, AT LARGE
�{ COUNTY, To -wit:
CA fW&L—
The foregoing instrument was acknowledged before me this [ day of /00'&:11eVe ,
2012, by M P c. /7 c; e / C"
My commission expires
Notary Public --W- p
Page 4 of 4
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Attachment A
Generalized Development Plan
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LOT
EXISTING, B2
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P EX. ZONING: B3
WHITE'S STORAGE
LOT 1
EX. ZONING B2
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°Ripe
LOT 5 e LOT 2
EXIS7ING: B2 � q�Al EXISTING' B2 �
LOT 4 ed�•...�
NrXISTING: B2 ��•,
EXISTING RA — 10.65 AC
EXISTING B3 — 8.23 AC '•Si ° LOT 3B
EXISTING: B2 LOT 3A
TOTAL — 18.88 AC
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EXISTING B2
EXISTING HOME DEPOT /
DISTRIBUTION CENTER
EXISTING- M-1
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ALL ENTRANCES TO TATE ROADS SHALL BE
LOCATED IN ACANCE WITH VDOT ACCESS
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MANAGEMENT,-UIDELINES AND APPROVED BY
VDOTA �RT OF THE SITE PLAN
APDL-
AT
PROCESS.
EASTCA%E COMMERCIAL Patton, Harris, Rust & Associates, pc
GENERALIZED DEVELOPMENT PIAN 117 E. Picodilly 5t. Winchester, Virginia 22601
Q VOICE: (540) 667-2139 FAX: (540) 665-0493
Q�) N3 FREDER/CK COUNTY, MGM
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attachment B
Concept Plan
Maranto Manor Drive Access Break
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