75A104_TaskerRd&WarriorDrCommercialPropertiesAction:
ORDINANCE
PLANNING COMMISSION: December 5, 2018 Public Hearing Held, Postponed
January 16, 2019 Recommended Denial
BOARD OF SUPERVISORS: February 13, 2019 Adopted
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04-18 TASKER ROAD & WARRIOR DRIVE
COMMERCIAL PROPERTIES
WHEREAS, REZONING #04-18 Tasker Road & Warrior Drive Commercial Properties, was submitted by
Greenway Engineering, Inc. to rezone 20.24± acres from the B2 (General Business) District with proffers to the B2
(General Business) District with revised proffers and 0.62± of land zoned RP (Residential Performance) District with
proffers to the RP (Residential Performance) District with revised proffers with a final revision date of January 18,
2019. The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and
Warrior Drive. The properties are located in the Opequon Magisterial District and are identified by Property
Identification Nos. 75-A-104 and 75 -A -104E; and
WHEREAS, the Planning Commission held a public bearing on this rezoning on December 5, 2018 and
postponed the application and; the Planning Commission then held a public meeting on this rezoning on January
16, 20199 and recommended denial; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 13, 2019; 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 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 rezone 20.24± acres from the B2 (General Business) District
with proffers to the B2 (General Business) District with revised proffers and 0.62± of land zoned RP (Residential
Performance) District with proffers to the RP (Residential Performance) District with revised proffers with a final
revision date of January 18, 2019. The conditions voluntarily proffered in writing by the Applicant and the
Property Owner are attached.
This ordinance shall be in effect on the date of adoption. Passed this 13'1' day of February 2019 by the following
recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton No
J. Douglas McCarthy Aye Robert W. Wells Aye
Shannon G. Trout Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye A COPY ATT ST
PDRes. #02-19 Kris C. 'erne Fr dericl ou Administrator
BOS Res. #043-19
VIRGIN1A: FREDERICK COUNTY, SCT -
This instrument of writing was produced to me on
at
;and with certificate of acknowledgement thereto annexed
was ad tted to record. Tax imposed by Sec. 58.1-802 of
$ , and 58.1-801 have beenP aid, is assessable
• ® ��"� , Clerk
- 000 1 Q�
Greenway Engineering April 8, 1998, October 9, 2018 Tax Parcels 75-A-104 & 75 -A -104E
January 3, 2019; January 18, 2019
TASKER ROAD AND WARRIOR DRIVE COMMERCIAL
TAX PARCELS 75-A-104 & 75 -A -104E
PROFFER STATEMENT N
REZONING: RZ#
B-2, Business General District and RP, Residential Performance
District with Proffers to B-2, Business General District and RP,
Residential Performance District with Revised Proffers
PROPERTY: Tax Parcels 75-A-104; 5.07± acres and 75 -A -104E; 15.79± acres
(here -in after the "Property")
RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104)
Tasker Warrior Properties, LLC (Tax Parcel 75 -A -104E)
APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties,
LLC (here -in after "Owners")
PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning
Amendment
ORIGINAL DATE
OF PROFFERS: April 8, 1998
REVISION DATE: January 18, 2019
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 Owner hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning
Application #002-98 for Tax Parcel 75-A-104 (4.45± acres zoned B2, Business General
District and 0.62± acres zoned RP, Residential Performance District) and Tax Parcel 75 -A -
104E (15.79± acres zoned B2, Business General District) to establish 20.86± acres of B2,
Business General District and RP, Residential Performance District with revised proffers;
development of the 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 Owner 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 the Owner and any legal successors, heirs,
or assigns.
File #4806B/EAW 2
Greenway Engineering April 8, 1998, October 9, 2018 Tax Parcels 75-A-104 & 75 -A -104E
January 3, 2019; January 18, 2019
The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker
Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of
Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax
Map Parcel 75 -A -104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument c�
Number 160004426. c_
PROFFER STATEMENT
A. Prohibited Land Uses
The Owners proffer to prohibit the following land uses that are permitted within the
B-2, Business General District portion of the Property from being developed:
Land Use
Automotive Dealers
Gasoline Service Stations (pumps at convenience stores are allowed)
Hotels and Motels
Car Washes
Golf Driving Ranges/Miniature Golf Courses
Commercial Batting Cages Operated Outdoors
Membership Organizations
Civic, Social and Fraternal Organizations
Funeral Service and Crematories
Drive-in Theaters
Adult Retail Uses
B. Restricted Hours of Operation
The Owners proffer to restrict hours of operation for land uses that are permitted
within the B-2, Business General District portion of the Property by requiring the
businesses to be closed to the public from 11:00 PM to 6:00 AM.
Additionally, the Owners proffer to prohibit deliveries to all land uses that are
permitted within the B-2, Business General District portion of the Property from
11:00 PM to 6:00 AM.
C. Property Development Requirements
The Applicant hereby proffers to provide a monetary contribution of $0.10 per
developed building square foot for County Fire and Rescue services. The monetary
contribution shall be made payable to Frederick County at the time of issuance of the
Certificate of Occupancy Permit for any primary structure constructed on the
Property.
File #4806B/EAW
3
CD
Greenway Engineering April 8, 1998, October 9, 2018 Tax Parcels 75-A-104 & 75 -A -104E
January 3, 2019; January 18, 2019
Owner Sip -nature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the 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:
By:
Bowma -Shoemaker Companies, Inc. Date
Beverley B. Shoemaker, President
Commonwealth of Virginia,
•-C-ity/County of To Wit:
The foregoing instrument was acknowledged before me this day ofiCl\,L��
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My Commission
Notary Public
File #4806B/EAW 4
Greenway Engineering
Owner Signature
April 8, 1998, October 9, 2018 Tax Parcels 75-A-104 & 75 -A -104E
January 3, 2019; January 18, 2019
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the 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:
By: A J
Tasker Warrior Properties, LLC Date
Beverley B. Shoemaker, Manager
Commonwealth of Virginia,
-Oity/Countyof :�k To Wit:
The foregoing instrument was acknowledged before me this day of
20 c` by
TINA L. SCRUSUS
NOTARY PUBLIC
REG. #334353 _
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES J N. 31, 2019
My Commission Expires _ _
Cil'
Notary Publi
File #4806B/EAW 5