44A294_HistoricJordanSprings0
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RESOLD ION
Action:
PLAT NDT COMMISSION: January 6, 2010 - Recommended Approval
BOARD OF SUPERVISORS: May 11, 2011 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
TI-E ZONING DISTRICT 7v1AP
REZONING #06 -09 PROFFER REVISION OF JORDAN SPRINGS PROPERTY
WHEREAS, Rezoning 406 -09 Proffer Revision of Jordan Springs Property, to revise the proffers
associated with Rezoning #]0 -01 for 1033 acres of land zoned B2 (General Business) District with
Historic Area (11A) Overlay Zone, was considered. The proffer revision, dated November 3, 2009 and
revised May 14, 2010, is intended to add permitted uses on the site. The property is located at 1 160 Jordan
Springs Road and fronts the west side of Jordan Springs Road (Route 664), in the Stonewall Magisterial
District, and is identified by Property Identification Number 44 -A -294 and a portion of 44- A -294A.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 6 3010 and
forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 11, 2011: and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safet)1, 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 #10 -01. The proffer revisioil is intended to add permitted uses on the site, as described by the
application and attached conditions voluntarily proffered in waiting by the applicant and the property
owner.
PD Res, Al2-11
This ordinance shall be in effect on the date of adoption.
Passed this 1 1 th day of May, 2011 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton
Gary Dove
Gene E. Fisher
Christopher E. Collins
Aye
Aye Bill A Ewing Aye
Aye Aye
Charles S. DeHaven..ir.
Absent
A COPY ATTEST
JohniR.,Rileyr
Frederick County Administrator
Q
PDRes. � 12-11
110004?94
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROFFER DATE
0
AMENDED PROFFER STATEMENT —
Proffer Amendment R7406 -09
Historic Jordan Springs
Tax Map Parcels 444 -294 and 44- A -294A
10.33 Acres Zoned B2 (Business General) and Historic Area Overlay
Zone
Greig D. W. Aitken and Tonie M. Wallace, husband and wife
Greig D. W. Aitken and Tonic M. Wallace, husband and wife
November 3, 2009; Revised January 19, 2010, May 14, 2010
The Applicant hereby proffers that the use and development of the subject property ( "Property "), as
identified above, shall be in strict conformance with the following conditions, which shall be in addition
to the proffers made and dated December 11, 2001 per that certain Ordinance Amending The Rezoning
District Map, Rezoning 4 10-0 1 of Jordan Springs dated December 12, 2001. In the event that the above
referenced rezoning proffer amendment is not granted as applied for by the Applicant ( "Applicant "), this
proffer shall be deemed withdrawn and shall be null and void. Further, this proffer is contingent upon
acceptance of the proffer by a 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 Frederick County Board of
Supervisors' ( "Board ") is contested, 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 Applicant hereby proffers as follows:
Transportation
Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia
Department of Transportation (VDOT) standards.
Provide necessary right of way along Route 664 for road improvements per VDOT.
Entrances shall be limited to two (2) commercial entrances onto Route 664. All entrances shall be
constructed in accordance with VDOT standards and Frederick County standards.
Allowed Uses
The applicants proffer to prohibit all uses on the Property that are otherwise allowed in the B2 General
Business District except the following:
Health Services
2. Legal Services
3. Engineering, accounting, research, management and related services CZ)
4. General business offices
4'
S. Public buildings N
6. Museums as an accessory or secondary use
7. Eating and drinking places
8. Exposition Operations and Theatrical Producers and Miscellaneous Theatrical Services, limited,
however, to the following extent:
A. Such operations shall be limited to "special events." "Special events" for the purpose of
this proffer shall be defined as organized events on the Property of limited duration, from time to time,
including weddings, concerts; organizational meetings, expositions of vendors and displays of their wares
or services, seminars, conferences, fund raising gatherings, political gatherings, theatrical performances,
musical performances, educational gatherings and like events. "Special Events" shall include all uses
related and accessory to the production, occurrence and post - production of such events and the provision
of services customarily associated with the occurrence of such events and miscellaneous personal
services.
B. Nothing herein shall excuse the applicants from the requirements of the Frederick County
Code as amended from time to time, to obtain festival or special events permits for such festivals or
special events which are to occur outdoors at the Property.
9. Residential uses which are accessory to allowed business uses.
Respectfully submitted this _H� day of ' 2010,
GREIG D. W. AITKEN
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of.M j
n 1, 2010, by Greig D.
W. Aitken. ;
NOTARY PUBLIC
Registration No.: 7/?
My commission expires: 02 31 h7t
9 MALIREEN A. GRILLO
NOTARY ID # 7123235
NOTARY PUBLIC
L OMMONWEALTH OF VIRGINIA
MMISSION EXPIRES DECEMBER 31, 2011 1
n
Respectfully submitted this day of , ` u 2010, r S
TONIE M. WALLACE J
The foregoing instrument was acknowledged before me this eday ofd; 2010, by Tonic M.
Wallace.
NOTARY PUBLIC
Registration No.: MAUREEN A. GRILLO
NOTARY ID # 7723235
My commission expires: 3� a� NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DECEMBER11, 2011
r -
COUNTY of FREDERICK' „:::',
John R. Riley, Jr.
County Administrator
O
540/665 - 5666
Fax 540/667 - 0370
E -mail:
jriley@co.frederick.va.us
1, Jay E. Tibbs, Deputy Clerk to the Board of Supervisors of the County of
Frederick, Virginia, do hereby certify that the attached is a true and exact copy of AN
ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06 -09
PROFFER REVISION OF JORDAN SPRINGS PROPERTY which was considered
and adopted by the Frederick County Board of Supervisors at their May 11, 2011 meeting.
Given under my hand this 17 day of May, 2011.
Jay Tibbs, Deputy Clerk
COMMONWEALTH OF VIRGINIA:
CITY /COUNTY OF W i och1t5kf1 — .to-wit:
I, M P 115 pjdl lCq a Notary Public in and for the 0 �w11U1(,,,, l „
City /County and State aforesaid, do hereby certify that Jay E. Tibbs Deputy Clerk to tkQa \ sSP. A.N�
��.
Board of Supervisors of Frederick County, Virginia, whose name is signed above, ; �r;6o tiry,�oG
acknowledged his signature before me this Imo' day of �y.AS , 2011, in n REGis3 87oNNO.'
City /County and State aforesaid. _ `MV COMM. EXPIRES
01/31/2014
C�F VIRGIt4""..:.
OTARY PUBLIC
Registration Number: lQ
My Commission Expires: l 3l -201 y
107 North Kent Street • Winchester, Virginia 22601
0
THE REZONED AREA IS DENOTED BY THE SOLID LINES
SHOWING AN AREA OF 900 FEET BY 500 FEET
WITHIN TAX PARCEL NUMBERS 44 -A -294 AND 44- A -294A
ON THE ATTACHED
CURRENT OWNER/ MISSIONARY SERVANTS OF THE
MOST HOLY TRINITY
REF. TAX MAP 44 -A PRCL 294
CURRENT ZONING, RA
REQUESTED REZONING, S - 2
REZONING AREA 10.33 ACRES
N45
140.
N17 30'00
250.00'
S23 "W
297.00' 'yj •.
BOUNDARY INFORMATION SHOWN HEREON IS
f \
COMPILED FROM EXISTING LAND RECORDS
AND GOES NOT REPRESENT AN ACTUAL FIELD 9`
RUN BOUNDARY SURVEY BY TRIAD ENGINEERING.,
THIS SURVEY HAS BEEN PREPARED WITHOUT THE
BENEFIT OF A TITLE REPORT. THEREFORE. THIS
PLAT MAY NOT INDICATE ALL ENCUMBRANCES ON
THE PROPERTY.
BUILDING LOCATIONS SHOWN HEREON ARE DETERMINED
FROM AERIAL PHOTOGRAPHY AND ARE APPROXIMATE.
THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS
WAS NOT DETERMINED DURING THIS SURVEY.
THE EXACT LOCATION OR EXISTENCE OF UNDERGROUND
UTILITIES WAS NOT ESTABLISHED DURING THIS SURVEY.
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VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
at �'- z-o f M
and X: iih n:rtiIi':atc acl;nu1.cledecmcnt thereto annexed
was actin ted to record. Tax imposed by Sec. 58.1 -802 of
-V- , and 58.1 -301 have been paid, if assessable.
eeet Y� -./f ,Clerk