Commission conditions proffer amendment for East Gate Commerce Center on right‑of‑way commitment

At its Nov. 5 meeting the Planning Commission recommended approval of a minor proffer amendment for the East Gate Commerce Center (rezoning case 08‑25) with a condition that the applicant commit in writing to dedicate sufficient right‑of‑way to help achieve a 105‑foot Tasker Road cross‑section. Staff said the proffer amendment removes a 30‑foot road‑efficiency buffer and limits street intersections with Tasker Road. Staff warned that county proffers do not guarantee VDOT approval for entrance locations and that coordination with VDOT and Frederick Water will be required.

Mr. Bishop (staff) outlined the site history and transportation context for the 30.4‑acre undeveloped B‑2 parcel near Tasker Road and Route 522. He noted that VDOT commented the elimination of the road efficiency buffer could make future widening more difficult. Applicant representatives (Gordon & Associates; Matt Monahan of DRB) told the commission they were prepared to add a proffer dedicating the applicant’s half of the right‑of‑way to meet the 105‑foot standard and would show that on plans for the Board.

Commissioners probed whether the verbal commitment should be secured in writing before the Board hearing. Staff noted state code allows applicants to amend proffers up through the Board meeting but agreed the commission could make its recommendation contingent on a written commitment. The commission moved to recommend approval to the Board of Supervisors with the clarification that the proffer amendment include a commitment for a full right‑of‑way dedication to accommodate Tasker Road expansion; the motion passed and will go to the Board on Nov. 12.

Staff emphasized that any future VDOT entrance approval would be a separate process and that utility easements and existing lines will need coordination during design and widening.