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Home My WebLink About16-06 Proffer StatementREZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ,ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Revised December 8, 2006 TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROFFER STATEMENT RZ# 16 -06 B -2, Business General District with Proffers to B -2, Business General District with Revised Proffers 10.73 acres Tax Parcels #75- ((A)) -105A; 75- ((A)) -105B; 75- ((A)) -105C; and 75- ((A))-105D (here -in after the "Property JEM VII, LLC; H.N. Funkhouser Co.; Treybul Company, LC, Ervin Properties, LLC JEM VII, LLC; H.N. Funkhouser Co.; Treybul Company, LC, Ervin Properties, LLC (here -in after the "Applicants Tasker Road and Warrior Road Commercial April 8, 1998 October 17, 2006; Revised December 8, 2006 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 In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever.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 Grecnway Engineering Tasker Road and Warrior Road ComnTIcial Rezoning 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 October 17, 2006 Revised December 8, 2006 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 #4806 /EAW Greenway Engineering Tasker Road and Warrior Road Corneal Rezoning 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: Pity /County of October 17, 2006 Revised December 8, 2006 James E. Martin, Manager Date Sic e NC Commonwealth of Virginia- To Wit: The foregoing instrument was acknowledged before me this l b day of 20 by c lae-i t r`YY Y.) My Commission Expires ae 0 C al Notary Public File #4806 /EAW Greenway Engineering Tasker Road and Warrior Road Com•al Rezoning 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: Robert Commonwealth of Virginia, City /Gowrty. of M 2 1cl' 201 by Ill)Ik'Y` A My Commission Expires )tS Claytor, President To Wit: October 17, 2006 Revised December 8, 2006 The foregoing instrument was acknowledged before me this 9 Q day of A (tiyt II CI 6, kik+ 'L( fib, 2w7 0 Notary Pu lic 5) cf 7 Date �-!ilm g tC2 File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Com•ial Rezoning 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 By: Jo 4n C. Lewis, Manager 2001 by CO n C. Levi My Commission Expires 101 01 67 October 17, 2006 Revised December 8, 2006 3 l�l —a7 Date Commonwealth oftV� iirginia, City/County of ./U i fCh este( To Wit: The foregoing instrument was acknowledged before me this (61 day of NolLr ,A M, ublic File #4806 /EAW Greenway Engineering Tasker Road and Warrior Road Comilla] Rezoning 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 By: Davi A. Ervin, Presiden My Commission Expires 1 I)` October 17. 2006 Revised December 8. 2006 3 9 7 Dat Commonwealth of Virginia, City /Eecmey of i n( host c To Wit: The foregoing instrument was acknowledged before me this t day of I I tarC,L ''16rOby, 14-. Ji eFIJ l File #4806/EAW Greenway Engineering Action: PLANNING COMMISSION: December 6, 2006 Recommended Approval BOARD OF SUPERVISORS: January 10, 2007 Ei APPROVED DENIED PDRes #03 -07 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #16 -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 of Tasker 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. Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDItcs. #03 -07 This ordinance shall be in effect on the date of adoption. Passed this 10th day of January, 2007 by the following recorded vote: Aye Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John r ey, Jr. Frederick County Administrator Aye Aye Aye Tasker Road and Warrior Road Com eercial Rezoning REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROPPERS: REVISION DATE: Preliminary Matters October 17, 2006 Revised December 8, 2006 TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROFFER STATEMENT RZ# 16 -06 B -2, Business General District with Proffers to B -2, Business General District with Revised Proffers 10.73 acres Tax Parcels #75- ((A)) -105A; 75- ((A)) -105B; 75- ((A)) -105C; and 75- ((A))-105D (here -in after the "Property JEM VII, LLC; H.N. Funkhouser Co.; Treybul Company, LC, Ervin Properties, LLC JEM VII, LLC; H.N. Funkhouser Co.; Treybul Company, LC, Ervin Properties, LLC (here -in after the "Applicants Tasker Road and Warrior Road Commercial April 8, 1998 October 17, 2006; Revised December 8, 2006 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 Con4trercial Rezoning 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 PROFFER STATEMENT October 17, 2006 Revised December 8, 2006 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 #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning 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: Jasbo,Incc QQ n By: .0 Be e ey B. Shoemaker, President Commonwealth of Virginia, City/ Frederick- To Wit: The foregoing instrument was acknowledged before me this IPi 'llay of ()Joker 200(0 by &verf S hoeevioker, Pres ider+ My Commission Expires rPhvuz i 24, 2_003 File #4806/EAW Notary Public October 17,2006 ln- i oh Date Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning Signatures Respectfully Submitted: JEM VII, LLC 5o Ne om� monwealth of—Vii ctia, City/County of 4p r> My Commission Expires pi 1C To Wit: Notary Public October 17, 2006 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. By: y: to- zo -n(o James E. Martin, Manager Date The foregoing instrument was acknowledged before me thi O day of n 20D10 by hYl4,D1 E Sxkvy hsvict- File #4806/EAW Grcenway Engineering Tasker Road and Warrior Road ComTercial Rezoning 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: Commonwealth of Virginia, City/ ounry of atar 20c by Robert W C)4ytor, President To Wit: October 17, 2006 I P 1 Date The foregoing instrument was acknowledged before me this 1 day of f kbr,r Oar My Commission Expires 44±_ r G Nota Publicll File #4806 /EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning 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 By: •'on Lewis, Manager Commonwealth of Virginia, City /County of Vv i vt Lin es tt The foregoing instrument was acknowledged before me this 1 day of Ca 2060 by \John C (Luis My Commission Expires !0 0 To Wit: October 17, 2006 Date ft— y ublic File #4806/EAW Greenway Enginecnng Tasker Road and Warrior Road Co nercial Rezoning 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 By: Date David A. Ervin, President ni le Commonwealth of Virginia, pp� City/County of (A, j A C Vl.e<S To Wit: Tliefor'egoing instrument was acknowledged before me thi My Commission Expires I 1 ID Not Public October 17, 2006 day of )l'3e! P File #4806 /EAW Greenway Engineering Tasker Road and Warrior Road Col mercial Rezoning REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters April 8, 1998 October 17, 2006 October 17, 2006 TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROFFER STATEMENT RZ# l6-66 B -2, Business General District with Proffers to B -2, Business General District with Revised Proffers 31.83 acres Tax Parcels #75 -((A)) -104; 75- ((A)) -104E; 75- ((A)) -105A; 75- ((A))- 105B; 75- ((A)) -105C; and 75- ((A)) -105D (here -in after the "Property Jasbo, Inc.; JEM VII, LLC; H.N. Funkhouser Co.; Treybul Company, LC, Ervin Properties, LLC Jasbo, Inc.; JEM VII, LLC; H.N. Funkhouser Co.; Treybul Company, LC, Ervin Properties, LLC (here -in after the "Applicants Tasker Road and Warrior Road Commercial 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 /4 o 6 for the rezoning of 31.83± acres from the B -2, Business General District with Proffers to establish 31.83± 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 Jasbo, Inc., JEM VII, LLC, H.N. Funkhouser Co., Treybul Company, LC, and Ervin Properties, LLC being all of Tax Map Parcels 75 -((A)) -104, 75- ((A)) -104E, 75- ((A)) -105A, 75- ((A)) -105B, 75- ((A)) -105C, and 75- ((A))-105D and further described by Deed Book 634 Page 499, Deed Book 922 Page 875, Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008207, and Instrument Number 050008205. NOT CURRENT q File #4506 /EAW NO CURREN Greenway Engineering /l Tasker Road and Warrior Road Commercial Rezoning 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 October 17, 2006 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. NOT z✓JREENT File #4806/EA W Greenway Engineering