HomeMy WebLinkAbout17-01 BOS Staff ReportPC REVIEW: 11/07/01
BOS REVIEW: 11/14/01
CONDITIONAL USE PERMIT #17-01
JORDAN SPRINGS
To establish an office use that is of equal or lesser nonconformity than the
Shalom et Benedictus treatment facility
LOCATION: This property is located at 1160 Jordan Springs Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-294
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District;
Land Use: Occupied by maintenance staff for the upkeep of existing structures and grounds
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Vacant and Residential
PROPOSED USE: Office space for the County Court Reporters/Court Reporting Consultants
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 664, the VDOT facility which would
provide access to the property. Prior to operation of the business, a commercial entrance
must be constructed to our minimum standards to allow for safe egress and ingress of the
property. Any work performed on the States' right-of-way must be covered under a land use
permit. The permit is issued by this office and requires an inspection fee and surety bond
coverage. See also the attached letter and sketch dated 9111/01 from Mr. Steven
Al'elnikoff, VDOT Transportation Engineer.
Fire Marshal: Additional uses of other building portions may be cause for additional
comments. Emergency vehicle access maintained per NFPA 299, 12 -ft. width/14.5-ft.
vertical. Access to normal and emergency building ingress and egress points. Maintenance
Jordan Springs CUP #17-01
Page 2
November 8, 2001
of existing fire sprinkler system and current recall procedures for existing sprinkler heads.
Inspections Department: No change of use permit required for business use in this
structure. Please contact our office if renovations are to occur for permit requirements.
Department of Environmental Quality: DEQ is the regulatory review agency for the health
system on the property. Please find attached a copy the current permit issued by DEQ.
Planning and Zoning: In accordance with Section 165-139 of the Frederick County Zoning
Ordinance, a legally nonconforming use that was discontinued due to abandonment may be
re-established by obtaining a conditional use permit. Approval of this conditional use permit
shall only be granted for a use that is of equal or lesser nonconformity than the original use
in relation to intensity, type of use, or dimensional requirements.
Jordan Springs has been used in the past as a resort, as a hotel, and as a seminary by the
Missionary Servants of the Holy Trinity. Most recently it was used by Shalom et Benedictus,
Inc. as a drug and alcohol rehabilitation center. Shalom et Benedictus was the primary user
from the early 1970's to 1999. It operated at Jordan Springs with 30 to 50 employees and
residents. On the weekends, the number of people using the property would increase due to
visitation by family and friends of the residents.
The applicant, County Court Reporters/Court Reporting Consultants, proposes to relocate
their office to Jordan Springs. At present, there are 17 employees of the business that would
relocate to the site. The number of employees is not expected to significantly increase. The
facilities as they exist are adequate for the business. There are four buildings on the property:
the main hotel building (A), the administration building (B), the shop building (C) , and the
original house (D). The location of these buildings is shown on the attached plan of Jordan
Springs. Also attached is information about the square footage of the buildings. Two
maintenance employees currently live in the apartment above the shop building and would like
to continue living there. The property is served by a septic tank and lagoon, all appropriate
Department of Environmental Quality permits are in good standing. The existing structures
are located approximately 500 feet from Jordan Springs Road (Rt 664) and at least 800 feet
from the side and rear property lines. There is substantial vegetation on the sides and rear of
the property, forming a buffer to any future development or agriculture.
Staff feels that the applicant's request would not negatively impact surrounding areas and is
a good example of adaptive reuse of the property. Staff feels that the use proposed by the
applicant is of a lesser nonconformity than the original use of a drug treatment facility.
Jordan Springs CUP # 17-01
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November 8, 2001
STAFF CONCLUSIONS FOR THE 11-07-01 PLANNING COMMISSION MEETING:
Should the Planning Commission determine that this request is appropriate, staff suggests the
following conditions:
All review agency comments shall be complied with at all times.
2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of
CUP approval.
All parking areas shall be hard surfaced with asphalt and striped. Compliance with these
conditions shall occur within 180 days of CUP approval.
4. All vegetation within close proximity of all travel ways serving access to the structures shall
be maintained to provide a 15 -foot vertical clearance for emergency vehicle access.
5. All applicable permits shall be obtained from the Department of Environmental Quality for the
use and maintenance of the health system.
6. Land use shall be limited to general office with the exception of residential above the shop
building. Occupants of the shop building shall be limited to maintenance personnel.
7. One business sign shall be permitted. It should be of monument -type construction and limited
to fifty (50) square feet in size or a placard.
A site plan shall be approved by Frederick County for applicable site improvements. Any
future expansion or structural development shall require an amended site plan.
PLANNING COMMISSION SUMMARY & ACTION OF 11/07/01 MEETING:
Three citizens came forward to speak regarding the proposed conditional use permit. One person, an
adjoining property owner on Monastery Ridge Road, had concerns about the age and condition of the
existing septic system and lagoon on the property and he believed the system should be inspected and
upgraded as a condition of the permit. The second person, the broker involved with the property
transaction, noted that this property has previously been "exempt" because it has been owned by
religious organizations for a number of years; however, it will become a source of tax revenue for the
County if this business is approved. The third individual spoke in favor of this use on this particular
property because of the intent for historic preservation and incorporation of the historic overlay; he
Jordan Springs CUP #17-01
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November 8, 2001
also agreed, however, that the septic system should be inspected.
Commissioners pointed out that a considerable amount of money is being invested by the applicant to
operate on a conditional use permit that could be revoked at any time. The representative for the
applicant said this is a risk the applicant is willing to take because of the interest in renovating,
restoring, and keeping the property intact; he stated that it was the applicant's intention to pursue the
rezoning of the property, with a historic district overlay, as soon as possible.
Commission members inquired if it would be appropriate to fashion an additional condition to ensure
historic preservation of the property until the rezoning and historic overlay could be accomplished.
The applicant's representative noted that Condition Number (8) was intended to ensure the
maintenance of the existing historic resources by way of requiring a site plan before any construction
activities occur on the property. The applicant's representative stated that he would not have any
objection to adding wording to Condition Number (8) to state that no demolition of existing buildings
or alteration of any outside appearance of buildings shall occur. The applicants' representative also
concurred with the conditions as recommended by the staff and believed the time frames established
were adequate to meet the conditions of the permit.
Members of the Commission decided that any reference to the preservation of historic structures
should be addressed at the time of rezoning. The Planning Commission had no other outstanding
issues of concern and believed the use would not negatively impact surrounding areas. The
Commission unanimously recommend approval of the conditional use permit with the conditions as
stated by the staff.
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