Loading...
HomeMy WebLinkAbout06-09 Jordan Springs - File Reopened 03-2011 Court-Ordered Hearing on Proffer - Backfiles u REZONING TRACKING ING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit _ Deed Plat/Survey _ Taxes Paid Statement ,Uz- File opened `/ / Reference manual updated/number assigned D-base updated S 114L Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated �� ! �/0 Planning ommission/M eti g ACTION: Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers otebook together with proffers (0,41 Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended c REZONING 06-09 JORDAN SPRINGS Sys ID # FILE REOPENED APML 2011 COURT -ORDERED HEARING ON 13I20FFEIZ AMENllMENT _I' REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement Deed Impact Analysis Plat/Survey Adjoiner List ✓ Taxes Paid Statement File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: 4.b(j h p TiVlk-DBoard of Supervisors Meeting �///0 ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together NN i t h proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID # m 0 Loco c Cc Cc 0 C} C DATE . i l NO. 12 0 5 RECEIVED FROM S ADDRESS h Cl FOR RENT Cl FOR ACCOUNT I CASH AMT. PAID ''l(7 `l :'. -- CHECK C DOLLARS S 5000. BY 7 DAT(E�� I� � NO. J 9 3 2 C ° RECEIVED FROM co co cVA ADDRESS�` Lo E O' �-V` �1 yy� Cc' Cv �C� DOLLARS S 5�L o LL aci lu O LID -i FOR RENT Ol^i ; a N v ❑FOR �Q/ T "� S`— 0 ` A I a a a NONE,• I aJ > � +-i � AMT. • • Cln: IjIII C.J p�j C ACCOUNT CASH U tip AMT. PAID CHECK t- E � z � BALANCE DUE MONEY^/ ORDER V BY 1 n v t\ C O ti -i Lr) C1 ' N�fTl of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 May 12, 201 1 Mr. Greig Aitkin Ms. Tonle Wallace 1 160 Jordan Springs Rd. Stephenson, VA 22656 RE: Rezoning #06-09 of Jordan Springs Property Identification Numbers 44-A-294 and portions of 44-A-294A Dear Mr. Aitkin and Ms. Wallace: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on May 11, 2011. Rezoning #06-09 was approved, revising proffers associated with Rezoning # 10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (FIA) Overlay Zone. This revision is intended to add the following permitted uses on the site: Bating and drinking places. 2. Exposition operations. 3. Theatrical Producers and Miscellaneous Theatrical Services as limited in the proffer. The proffer statement, originally dated November 3, 2009, with final revision date of May 14, 2010, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. If you have any questions regarding this action, please feel free to call this office. Sincerely, Eric R: Lawrence, AICP Planning Director ERL/blhd cc: Stephen L. Pettler, Jr., Esq., PO Box 809, Winchester, VA 22604 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION #06-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supervisors Prepared: May 2, 2011 Staff Contact: Eric R. Lawrence, AICP, Planning Director Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at Applicant's request 05/26/10 Tabled at Applicant's request 8/11/2010 Withdrawn at Applicant's Request (3128111 Court order reaclivating application) 5/1 1/201 1 Pending PROPOSAL: To revise proffers associated with Rezoning 410-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1 160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/11/11 BOARD OF SUPERVISORS MEETING: This is an application to revise proffers on 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This proffer revision seeks to provide for additional uses on the site, including special events such as weddings, pub nights, and dinner theater. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning land uses being conducted that are not permitted by proffer. This proffer amendment application was withdrawn by the applicant on August 1 1, 2010. Following extensive legal discussions and preparations for judicial review of the zoning violations, on March 28, 2011 the court issued an order to reactivate the proffer amendment application and rett.11.11 the application to the Board of Supervisors for consideration. The proffer amendment application for the Board's consideration on May 11, 2011 is consistent with that previously included on the August 1 l , 2010 Board of Supervisors meeting agenda. Specifically, the proffer revisions would include an expanded list of permitted uses to include the following uses • Eating and drinking places, • Exposition operations, and • Theatrical Producers and Miscellaneous Theatrical Services as defined in the proffer. F,olloiving the public hearing, a decision regarding this proffer amen(Iment ivoul(I be appropriate. The (ipplicaiit shoidd be prepared to adequately a(I&h•ess all concerns raised by the Board of S((pernisors. 0 • Rezoning 1106-09 — Jordan Springs Property May 2, 2011 Page 2 This i-eport is pl'epal'ed by the Fredel'ick County Planning .Stuff to pl'oville infornlation to the Planning Commission and the Board of Supe/'viso/'s to assist them in slaking a decision on this application. It may also be useful to others interested in this Zoning matter. Unresolved issues concel'ning this application am noted by staff Whei-e relevant throughout this staff /'epo/'t. Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at Applicant's request. 05/26/10 'fabled 8/1 1/2010 Withdrawn at Applicant's Request 5/1 1/2011 Pending PROPOSAL: To revise proffers associated with Rezoning 110 1 -07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone with proffers to 132 District with I -IA with revised proffers. LOCATION: The property is located at 1 160 Jordan Springs Road and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY II) NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: 132 (Business General) District witli a Historic Area (I -IA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Planned Community) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) Use: Vacant Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Rezoning 1/06-09 — Jordan Springs Property May 2, 2011 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass without driving oil the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, Such as limousines, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further continents for when I review the proposed entrance plan. Planning Department: Please see allacheclleller cicalecl June 12, 2009, fiwnl Eric R. Lcnarence, AICP, Planning Direclor. Historic Resources Advisor Board: Please see allached leller clated DL'Cembet- 1, 2009, fi-oin Canclice E. Perkins, AICP, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modif ied to RA (Rural Areas) District Oil February 14, 1990 during the comprehensive amendment to the COLInty'S Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a Seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Benedictus and more recently as Offices for County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning #10-01 for Jordan Springs (COL111ty Court Reporters, Inc.) which rezoned the 10.33 acre site fi•onl the RA District to the B2 District with a I -IA Overlay Zone. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business off ices, Public buildings, and Residential Uses that are accessory to allowed bL1Si11CSS LISCS. In the summer of 2009, the property owners were informed that certain activities being conducted on the site (special events such as weddings, dinners and other events) were not permitted and were in violation of the proffered use conditions associated with Rezoning # 10- 01 . It Was further explained that in order to remedy this violation, the property owner needed to Secure a proffer amendment to enable the new uses, secure an approved site plan that addresses parking areas on the site and, finally, implement the improvements specified Oil the site plan. The proffer amendment proposed with this application is the first step necessary to resolve the violations on the property. At the suggestion of the Board, the applicant could also seek an annual festival permit to enable special events to occur on the outdoor grounds of the property. Rezoning 1106-09 — Jordan Springs Property May 2, 2011 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Nall 1S all Off 1Clal pL1blic CIOCL1I11C11t that serves as the C011lllllllllty'S guide for making decisions regarding development, preservation, public facilities and other key components Of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Playa, p. 1-1] The subject properties (portions Currently zoned B2/I-IA) are within the limits of the Sewer and Water Service Area (SWSA). The Scwer and Water Service Arca defines the general area in Which more intensive forms of planned Con-inicreial, and IIICIL1Stl'lal CICVCIOp111ent Will OCCLII'. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plaIl Shows this arca \with a commercial Ind LISC designation. The applicant is rcgLICStlllg to revise the proffers for 10.33 acres of land zoned B2/I-IA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning 910-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning 1106-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and Opportunities on the site as well as legitimize uscS currently operating on the site in violation of the approved proffers from Rezoning #10-01. 3) Proffer Statement — Dated November 3, 2009; Revised January 19, 2010, May 14, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, Accounting, Research management and related services • General Business Offices • Public buildings • MLISCL1111S as all accessory or secondary Lise • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services, limited, however, to the following extent: o 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, Rezoning #06-09 — Jordan Springs Property May 2, 201 1 Page 5 organizational mcctings, expositions of vendors and displays Of their wares or services, seminars, conferences, fund raising gatherings, political gatherings, thcatrlcal performances, 111L1S1cal pCI 01-111a11CCS, educational gatherings and like events. "Special events" shall include all uses related and accessory to the prOdLICt1011, Occurrence and pOSt-pI-OdLICtl011 Of SLICII cvcnts and the provision Of Services customarily associated with the occurrence Of such events and miscellaneous personal services. o Nothing herein shall excuse the applicants from the requirements of the Frederick County Code as amended from 11111E to t1111e, to obtain festival or special events perrllitS for such festivals or special events which are to occur outdoors at the property. STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property CO11CCrlllllg Uses being conducted that are not permuted by proffer (oulli 1eC11n the sale histoi y pol'IZon on page 3). Approval Of this proffer amendment will also require the property Owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions fr0111 the COI11111iSS1011. There were no citizen comments during the public comment portion of the hearing. No issues or areas of concern were raised by the Commission. The COIIIIIIISS10n unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner Manuel abstained.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 4/14/10 MEETING: This application was reviewed by the Board Of Supervisors on April 14, 2010, and following the public hearing, subsequently tabled at the applicant's request. The Board expressed concerns with components of the application including: proffered land uses may be too broad, welcoming unanticipated and unwelcomed uses, and potential for excessive noise and the hours Of operation of the outdoor activities. At the April meeting, the creation of an annual festival permit was also discussed. No citizens spoke during the public hearing. Rezoning #06-09 — Jordan Springs Property May 2, 201 1 Page 6 BOARll OF SUPERVISORS SUMMARY AND ACTION OF THE 05/26/10 MEETING: At the May 26, 2010 meeting, staff provided a brief update to the Board to review the applicants' proposed changes. At the May meeting, a timeline for the annual festival permit was discussed along with postponement of enforcement of the pending zoning violation on the .lordan Springs property. The Board ultimately decided to defer the rezoning application and Cnforccincnt action of the zoning violation until the annual festival permit ordinance was concluded. On July 28, 2010, the Board of Supervisors approved a revision to the festival permit requirements to allow for annual festival permits. SUMMARY & CONCLUSION FOR THE 08/11/10 13OARD OF SUPERVISORS MEETING: This is an application to revise proffers on 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This proffer revision seeks to provide for additional uses on the site, including special events such as weddings, pub nights, and dinner theater. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning land uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). The applicant also intends to seek an annual festival permit to enable qualified land uses to occur outside of the main historic Jordan Springs structure, on the grounds of the property; this festival permit will be sought outside of the rezoning process. At the May 26, 2010 sleeting, Staff provided a brief update to the Board to review the applicant's proposed changes. A timeline for the annual festival permit was discussed along with postponement of enforcement of the pending zoning violation on the .Jordan Springs property. Revised proffers were presented to the Board that reflected the necessary ordinance amendment to the festival permit requirements. The Board directed Staff to return the rezoning petition to the Board on August 11, 2010 for action. On July 28, 2010 the Board of Supervisors approved revisions to the County Code pertaining to festival permits; the new code will enable the issuance of an annual festival permit. This r'e.A/iirig (It)1)IICCltl0n 111CIs,foi'inal1), ii,ilhch-cmn by the applicant August 10, 2010. The Boalyd honored the cipp1iccm1's r'Gquest antl l'emovecl the CIf)1)1iccWon fi'om theii' August 11, 2010 meeting agenda, and the application's file ii,as closed SUMMARY & CONCLUSION FOI2 THE 05/11/11 BOARD OF SUPERVISORS MEETING: This is an application to revise proffers on 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This proffer revision Seeks to provide for additional uses on the site, including special events such as weddings, pub nights, and dinner theater. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning land uses being conducted that are not permitted by proffer (outlined in the site history portion on pcige 3). This proffer amendment application was withdrawn by the applicant on ALIgLISt 11, 2010. TOIIOwing extensive legal discussions a/id pr'epai'crtious foi' judicial review of the zoning 14olations, oil Mal'ch 28, 2011 the CO!!1't !SS!lell all O/'de/' t0 1'e!!C'trV!!te the pl'Of fel' ameirllinent application and /'etmw the • 0 Rezoning #06-09 — Jordan Springs Property May 2, 2011 Page 7 application to the Board of Supervisors for consideration. The proffer ameIldment application for the Board's consideration on May 1 1, 2011 Is consistent with that previously II1Cllidcd on the ALIgLISt 11, 2010 Board of Supervisors meeting agencla. Specifically, the proffer revisions would include an expanded list of permitted uses to include the following uses • Eating and drinking placcs, • Exposition operations, and • Theatrical Producers and Miscellaneous Theatrical Services, limited, however, to the following extent: o 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, fi•oin 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. o 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. Following the puhlic healing, a decision regarding this proffer amen(hnent ivo[lld be appropriate. The applicant should be prepared to adequately address all concerns raised Gy the Board of Supervisors. , ,L A. #4.MONASTERY RIDGE RD IOa1.4c��:' \r lapproa Intl Ik Ia M moo \\ 0 0 a Jordan Springs Greig Aitken Ft Toni Wallace Current Zoning PIN: 44 - A - 294 It 294A (portion) Proffer Revision Ohb •RR 1 I / Dl0 CHARIFS l •-'��� o-p TDWN RD J� � o- 01 ( �O o NI,, ~ot`'••a� Case Planner CPerkins �Ir... 1....4 •...i .�.. HI Nua.....� M.NIh.....l.Iil.lnnl.. \4x4...rv[Ibn..i \It�IN...r4ll..rnlih.n.;;_ x•�x.w.alul lL.M t.�n..x. Ib.nni xlix.W..Wl h.h�.r.lh+rtu ��'��� n •4 Y� N wr 0 125 250 500 Feet s r——T-1 • 0 RTyliks 02110111 VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY IN RE: NOVEMBER 16, 2010 DECISION OF THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY, VIRGINIA BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA Petitioner ►v GREIG D.W. AITKEN TONIE M. WALLACE AITKEN Respondents. ORDER CASE NO. CL 10-1009 This day came the parties, by counsel, and submitted this Order by agreement. It appearing that this case concerns issues relating to certain uses on the Defendants' property; that the Defendants had filed a zoning proffer amendment application with the County to address the issues; that after public hearings before the Planning Commission and the Board of Supervisors the Defendants withdrew the application; that the issues were then addressed in an appeal to the Board of Zoning Appeals (BZA); that the decision of the BZA has been appealed to this Court in this case; and that the parties agree that the issues are best addressed by the aforesaid proffer amendment. It is therefore ADJUDGED and ORDERED that the Board of Supervisors permit the reactivation of the Defendants' proffer amendment application, and that the Board of Supervisors take action on said application after such proceedings as the Board of Supervisors deems necessary. This case is continued. ENTER this 14—Go day of Fes, 2011. D AGREED: RobYrt T. Mitc ell, Jr., squire Counsel for Pe er SEEN AND AGREED: {i? r Step L. Pettler J . Esquire Counsel for Respondents -/0!5 - >Jue A Copy AMC 6,. 0 IO@ All ��. LI✓�; June 12, 2009 Toni Wallace Historic Jordan Springs 1160 Jordan Springs Road Stephenson, Virginia 22656 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 RE: Special Event Uses at the Jordan Springs property Property Identification Number (PIN): 44-A-294 1160 Jordan Springs Road Zoned: B2 with proffers / Historic Area Overlay Dear Ms. Wallace: FAX: 540/665-6395 I appreciated the opportunity to meet with you June 2, 2009, to discuss your use of the Jordan Springs property for special events. I trust those of us at the meeting; including you, Paige Manuel, John Trenary, Mark Cheran, and me, collectively have a better understanding of your envisioned use of the historic property for special events, and the associated County building code and zoning requirements. This letter is offered as a summary of our discussions, and as further clarification regarding the steps necessary to bring the property into conformance with the zoning ordinance. The site is a beautiful property, and whether an event is held inside the site's historic structure or within a temporary tent, it is important to maintain compliance with the applicable county codes. John Trenary has informed me that the building code concerns associated with the temporary tent have been addressed, and that a 180 day temporary tent permit has been issued (tent permit to expire December 15, 2009 per building permit #642-09). Confirming adherence with the building code addresses an important safety component. As we discussed, the actual use of the property for special events — whether it be within the existing historic structure or outside on the grounds of the property — is in violation of the proffered conditions associated with the property's B2 zoning (Rezoning Application # 10-01 ), approved by the County on December 12, 2001. The proffered conditions identified the permitted uses; special events facilities were not included in the list of permitted uses. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Page 2 June 12, 2009 Ms. Toni Wallace RE: Special Event Uses at the Jordan Springs property The zoning violation could be alleviated upon successful completion of the following three development steps: Securing a proffer amendment, approved by the Board of Supervisors, which includes special events as a permitted use on the property; 2 Securing an approved site plan, a key component of which addresses parking area(s) location and design adequate to accommodate the anticipated capacity of a special event; and 3 Implementation of the site plan identified improvements. Two potential hurdles to the process might be achieving compliance with any Virginia Department of Transportation (VDOT) requirements pertaining to the site entrance onto Jordan Spring Road, and the ordinance requirements for parking to accommodate your special event guests. I would encourage you to consider establishing a maximum number of guests allowed as part of a special event; such a limitation may be of assistance in determining if any/or the degree of entrance improvements that may be necessary to satisfy transportation safety. Staff has initiated communication with VDOT to assist in gaining an understanding of the potential entrance and road requirements. I had hoped to include our findings in this letter, but have not yet completed our discussions with VDOT. Once we receive finalize our discussions with VDOT, we will convey this information to you. Additionally, in recognition of the property's history, and its inclusion in the Historic Area Overlay District, it may be appropriate to consider an amendment to the County Code pertaining to parking lot material standards. With a letter from you requesting a revision to the parking material standards, the County is prepared to initiate an ordinance amendment that would enable a parking material more complementary of a historic setting. As we discussed, parking areas constructed of pea gravel and grass pave may be more appropriate and compatible with the historic character of properties within the HA Overlay District, such as Jordan Springs. Presuming that you do intend to continue to host special events on this property, resolution of the zoning violation is necessary. Therefore, it is expected that you will make application by September 1, 2009 for a proffer amendment, or other means you might wish to pursue, to facilitate the Special Events as a permitted use on the property. Following an approved proffer amendment, it is expected the site plan and associated constructed improvements be implemented by June 1, 2010. Page 3 June 12, 2009 Ms. Toni Wallace RE: Special Event Uses at the Jordan Springs property I would note that if we do receive a formal complaint regarding the special event activities occurring on the property, we will need to expedite these targeted dates and seek ordinance compliance. I look forward to assisting you in achieving your envisioned special event uses on this property. Eric R. Lawrence, AICP Director, Department of Planning and Development cc: John R. Riley, Jr., County Administrator John Trenary, Building Official Mark Cheran, Zoning Administrator • 0 December 1, 2009 Mr. Stephen L. Pettler, Jr. Harrison & Johnston, PLC 21 South Loudoun Street Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Application Requesting a Rezoning of 10.33 Acres from 132 with HA Overlay to 132 with HA Overlay with revised proffers Historic Jordan Springs Property Location: 1160 Jordan Springs Road, Stephenson Property Identification Numbers (PINS): 44-A-294 and 44-A-294A (portions) Dear Mr. Pettler: The Frederick County Historic Resources Advisory Board (IIRAB) considered the above - referenced rezoning proposal during their meeting on November 17, 2009. The HRAB reviewed infonnation associated with the applicant's proposed proffer statement and rezoning application. Historic Resources Advisory Board Comments The proposal seeks to revise the proffers approved with Rezoning #10-01, which rezoned ten acres from the RA (Rural Areas) District to the B2 (Business General) District with a Historic Area Overlay with proffers. The property is located at 1160 Jordan Springs Road in the Stonewall Magisterial District. The HRAB reviewed information associated with the applicant's proposed proffer statement and rezoning application. With this proposed rezoning the applicant is seeking to revise the proffer statement to include the following uses: • Health Services • Legal Services • Engineering, accounting, research, management and related services • General business offices • Public buildings • Residential uses which are accessory to allowed business uses • Museums • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Stephen L. Pettler, Jr. RE: Jordan Springs — HRAB Comment December 1, 2009 Page 2 The above referenced parcel is a significant site; it is located in the study area for the Second Battle of Winchester and contains structures that are eligible for the State and National Register. The HRAB recognized the applicant's intent to preserve the historic character of the site and felt that the addition of the proposed uses requested by the applicant would further' their goals. During the HRAB's discussion, there were no adverse comments and after consideration, the HRAB felt that the applicant was seeking to preserve the historic nature of the site and they recommended approval of this rezoning application with the uses presented by the applicant. If this application changes substantially from the information presented to the IIRAB on November 17, 2009, the HRAB requests it be provided for further review. Please do not hesitate to contact me if you have any questions regarding the formal continent from the Historic Resources Advisory Board. Sincerely, Candice E. Perkins, AICP Senior Planner cc: Rhoda Kriz, I-HZAB Chainnan RESOLUTION Action: PLANNING COMMISSION: JarlUary 6, 2010 - Recommended Approval BOARD OF SUPERVISORS: May 11, 2011 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT M REZONING #06-09 PROFFER REVISION OF JORDAN SPRINGS PROPERTY WHEREAS, Rezoning #06-09 Proffer Revision of Jordan Springs Property, to revise the proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone, was considered. The proffer revision, dated November 3, 2009 and revised May 14, 2010, is intended to acid permitted uses on the site. The property is located at 1 160 Jordan Springs Road and fi•onts 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, 2010 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 11, 201 1; 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 Rezoning # 10-01. The proffer revision is intended to acid permitted uses on the site, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. 1112-11 0 This ordinance shall be in effect on the date of adoption. Passed this 1 I th day Of May, 2011 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Gary Dove Gene E. Fisher Christopher E. Collins Bill M. Lwing Charles S. Del -laver, Jr. A COPY ATTEST John R. Riley, Jr. I'I-CCICI'ICk COUnty Administrator I'DRes. 1112-1 1 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA o be completed by Planning Staff: co Pee Amount Paid $ � DOLE oning Amendment Number C)a'/D Date Received C Hearing Date (o ,�1� — BOS Hearing Date I % v The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Wincliester. 1. Applicant: Name: Greig n w Ail-ker, L. Tm,,;-e-t4allace Telephone: 540fi67.06nn Address: 1160 Jordan Springs Road, Stephenson, VA 22656 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: Name: Telephone: 4. Checklist: Check the follotiving iteniphat have been included with this applicatio✓✓t Location map Agency Comments � Plat V Pees Deed to property / Impact Analysis Statement 1-114 Verification of taxes paid �— Proffer Statement Iflllr I 10 Ll 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Greig D.W. Aitken and Tonie M. Wallace 6. A) Current Use of the Property: RA/B2 B) Proposed Use of the Property: RA/B2 - Amend uses proffered on December 12, 2001 to include: Restaurants (SIC 58); Theatrical Productions (SIC 7922); Hotels (SIC 70); and uses accessory to using the property for events. 7. Adjoining Property: PARCEL ID NUMBER USE ZONING (See List) 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property fronts onto both Jordan Spr.i_ngs (Route 664) property at the intersection). 11 • 9. The following information should be provided According to the type of rezoning proposed : Number of Units Proposed Single Family homes: NIA Townhome: N/A Multi -Family: NIA Non-Resiclential Lots: N/A ivlobile Home: —NjA— Hotel Rooms: N/A Square Footage of Proposed Uses Office: NIA Service Station: N/A Retail: N/A Manufacturing: N%A -- Restaurant: N/A Warehouse: N/A Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick COU11ty Board of Supervisors to alllclld the zoning Ordinance and to change the zoning neap of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (wc) understand that the sign issued when this application is subnlittcd must be placed at the front property line at least seven clays prior to the Plamling Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): _ Owner(s): 12 Date - Date: o v Jr i Date:4-:"/ / ce, Date: Scram / Sao f JORDAN SPRINGS List of Adjoining Property Owners T.M. 44-A-295 William and Sharon M. Rexrode 1099 Woods Mill Road Stephenson, VA 22656 D.B. 775. PG. 876 Zoning: RA T.M. 55-A-133 Dorothy L. Hart 897 Woods Mill Road Stephenson, VA 22656 D. B. 322. PG. 395 Zoning: RA T.M. 55-7-1 N/lichael L. & Carol T. Sweet 362 Woods Mill Drive Stephenson, VA 22656 D.B.637. PG.412 Zoning: RA T.M. 55-7-14A William G. Meircr III & Barbara E. N/leirer Mailing Address: INS'hR. #: 030000603 207 Plaza Street, NE Zoning: RA Leesburg, VA 20176 T.M. 55-7-14 William G. N,Ieirer III & Barbara E. Mcirer Mailing Address: 270 Lick Run Crossing 207 Plaza Street, NE Stephenson, VA 22656 Leesburg, VA 20176 D.B.744. PG.437 Zoning: RA 'I.1VI. 44-A-31 A Stephenson Associates, LC Mailing Address: INSTR. 11: 030005765 PO Box 2530 Zoning R4 Winchester, VA 22604 • • T.M. 44-A-292 Stephenson Associates, LC INSTR. #: 030005766 Zoning R4 T.M. 45-5-2-17 Rene Carlson 154 Hummingbird Lane Stephenson, VA 22656 D.B.698. PG.45 Zoning: RP T.M. 45-4-1-1 Clark D. & Barbara K. Fortiney 1281 Jordan Springs Road Stephenson, VA 22656 D.B. 542. PG. 35 Zoning: RP T.M. 45-4-1-2 Clark D. & Barbara K. Fortiney 1281 Jordan Springs Road Stephenson, VA 22656 D.B. 542. PG. 35 Zoning: RP T.IVI. 45-5-2-16 Michael S. & Joan B. Sigler 141 Hummingbird Lane Stephenson, VA 22656 D.B.484. PG.234 Zoning: RP T.M. 45-4-1-3 John M. & K. June Conley 1327 Jordan Springs Road Stephenson, VA 22656 D.B.484. PG.22 Zoning: RP T.M. 44-A-293 Brookfield Stephenson Village, LLC INSTR. #: 040002 293 Zoning: R4 Mailing Address: PO Box 2530 Winchester, VA 22604 Mailing Address: PO Box 218 Stephenson, VA 22656 Mailing Address: 8500 Bxecutive Park Avenue Suitc 300 Fairfax, VA 22031 LJ • T.M. 45-9-3-2 William D. & Patsy L. Hoffman 163 Monastery Ridge Road Stephenson, VA 22656 D.B.585. PG.442 Zoning: RA T.M. 45-8-3-3 Terry F. & Angela Rudolph 170 Monastery Ridge Road Stephenson, VA 22656 INSTR.#: 0500014891 "Zoning: RA T.M. 45-9-3-4 Ervin W. & Barbara K. Simons 220 Monastery Ridge Road Stephenson, VA 22656 INSTR. #:010007198 Zoning: RA T.M. 45-4-1-4 Christian F. Kicnc 1373 Jordan Springs Road Steplicnson, VA 22656 D.B.509. PG.214 Zoning: RA T.M. 44-A-296 Herman D. Claar 102 Wood Mill Road Steplicnson, VA 22656 Zoning: RA T.M. 44-A-297 & 297A Harold R. & Caroline D. Connor 1010 Woods Mill Road Stephenson, VA 22656 D.B.804. PG.207 Zoning: RA Mailing Address: PO Box 22 Stephenson, VA 22656 • • T.M. 55-A-135 Ronald A. & Mary C. Lee 1847 Martinsburg Pike Winchester, VA 22603 D.B. 867. PG. 1843 Zoning: RA T.M. 55A-1-22A Herman N/l Clark, III 966 Woods Mill Road Stephenson, VA 22656 D.B.840. PG.824 Zoning: RA T.M. 55A-1-21 Robert L. Williams 946 Woods Mill Road Stephenson, VA 22656 Zoning: RA T.M. 55A-1-20 JRW Properties & Rentals, Inc. 13 South LOUC101111 Strect Winchester, VA 22601 D.B.596. PG.515 Zoning: RA T.M. 55A-1-19 JRW Properties & Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B.596. PG.515 Zoning: RA T.M. 55A-1-18 JRW Properties & Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B.596. PG.515 Zoning: RA • T.M. 55A-1-17 Tina Newlin 906 Woods Mill Road Stephenson, VA 22656 D.B.960. PG. 103 Zoning: RA CURRENT OWNER, MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF, TAX MAP 44 - A PRCL 294 CURRENT ZONING: RA REQUESTED REZONING, B - 2 REZONING AREA, 10.33 ACRES N45.00'00"E 140.00' N17.30'00"W 250.00' 00 b-\`` i^•\ 00" , \ S23.00'00'W •\ 297.00' ems• \, BOUNDARY INFORMATION SHOWN HEREON IS COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD 'y ••\ RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. -00, 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. O 6 \,y09 i, 30 4.20'23"W 173.02' P CN81.32'18"E \ 353.27' 0 M 3'56'54"E 351.88' N86.33'40"E 445.08, 00�, S89.18'03'E 900.00' 1 SOO*41'59'W a F 32.74 138.08' `O,ry 0 0per-0o ;68.97 ON ,\ 106.94' N N i S89.18'0\3'E 900.00' �I 00\, Iil 00 01.0 I1.. S 0 2 "E _o 3 55 004 ••\ �- "W N83. 00' Ol 105.00' i --- '--- `S23.30' OQ"E i 393.93 L84'30'00"W 514.09, S47.00'00'W 179.00' �a�uo a Drawing ,00 o ,00 zoo .zoo +oo N—b— sc.,�C, , 1 • 1 �; �COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 12, 2010 Stephen L. Pettler, Jr., Attorney at Law Harrison & Johnston, PLC PO Box 809 Winchester, VA 22604 RE: Rezoning #06-09 of Jordan Springs Property Property Identification Numbers 44-A-294 and 44-A-294A (portions of) Dear Mr. Pettler: This letter is to confirm that you have, on behalf of your clients, withdrawn the above referenced Rezoning application. The application was intended to revise proffers associated with Rezoning #10- 01 by adding permitted uses on 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. 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. The above referenced file has been closed by our Department. If you have any questions regarding this action, please feel free to call this office. SincU.awrence, Eric AICP Director of Planning & Development cc: Greig Aitken & Tonie Wallace, 1 160 Jordan Springs Rd., Stephenson, VA 22656 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 9 • REZONING APPLICATION #06-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supervisors Prepared: August 3, 2010 Staff Contact: Eric R. Lawrence, AICP, Planning Director Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at Applicant's request. 05/26/10 Tabled at Applicant's request 8/11/2010 Pending PROPOSAL: To revise proffers associated with Rezoning 810-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1 160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/11/10 BOARD OF SUPERVISORS MEETING: This is an application to revise proffers on 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This proffer revision seeks to provide for additional uses on the site, including special events such as weddings, pub nights, and dinner theater. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning land uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). The applicant also intencls to seek an annual festival permit to enable qualified land uses to occur outside of the main historic Jordan Springs structure, on the grounds of the properly; this JeStival permit Will be sought outside of the rezoning process. At the May 26, 2010 meeting, staff provided a brief update to the Board to review the applicant's proposed changes. A timeline for the annual festival permit was discussed along with postponement of enforcement of the pending zoning violation on the Jordan Springs property. Revised proffers were presented to the Board that reflected the necessary ordinance amendment to the festival permit requirements. The Board directed staff to return the rezoning petition to the Board on August 11, 2010 for action. On July 28, 2010 the Board of Supervisors approved revisions to the County Code pertaining to festival permits; the new code will enable the issuance of an annual festival permit. *"The Jordan Springs Property is currently delinquent on its Frederick County real estate taxes. §165- 102 02 of the Frederick County Zoning Ordinance requires that "every application for rezoning shall include proof that all property taxes due and payable to the County are paid and that no delinquent taxes are outstanding" Therefore, the Jordan Springs rezoning request is not in conformance with the Zoning Ordinance. **On July 9 2010 Jordan Springs ;vas cited with another zoning violation for the illegal operation of a hair salon Hair salons are classified as personal services and are not permitted under the current proffers for the Jordan Springs property or the proposed proffers currently under review (see attached violation letter) Therefore even if Rezoning #06-09 is approved the Jordan Springs property would still be in violation of their proffers. Rezoning #06-09 — Jordan Springs Property August 3, 2010 Page 2 This report is prepared by the Frederick County Planning Staf f to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at Applicant's request. 05/26/10 Tabled 8/1 1/2010 Pending PROPOSAL: To revise proffers associated with Rezoning 1101-07 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (HA) Overlay Zone with proffers to 132 District with HA with revised proffers. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the cast and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: 132 (Business General) District with a Historic Area (I -IA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District Use: Agricultural / Residential East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Use: Residential Use: Agricultural / Residential 0 . Rezoning 1106-09 — Jordan Springs Property August 3, 2010 Page 3 REVIEW EVALUATIONS: Vir14inia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. Planning DepartmeIlt: Please see attached leper dated .June 12, 2009, from Eric R. Lawrence, AICP, Planning Director. Historic Resources Advisor Board: Please see attached letter dated December 1, 2009, fi-om Candice E. Perkins, AICP, Senior Planner. PlaIlniIjZ & Zonhi2: 1) Site Hlstol-V The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Bencdictus and more recently as offices for- County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning #10-01 for Jordan Springs (County Court Reporters, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a I-lA Overlay Zone. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the summer of 2009, the property owners were informed that certain activities being conducted oil the site (special events such as weddings, (linnei•s and other events) were clot permitted and were in violation of the proffered use conditions associated with Rezoning #10-01. It was further explained that in order to remedy this violation, the property owner' heeded to secure a proffer amendment to enable the new uses, secure an approved site plan that ad(Iresses parking areas on the site and, finally, implement the improventents Specified oil the site plan. The proffer amendment proposed with this application is the first step necessary to resolve the Violations oil the property. At the suggestion of the Boaril, the applicant will also seek an annual festival permit to enable special events to occur oil the outdoor grounilt of the property. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the • Rezoning 1106-09 — Jordan Springs Property August 3, 2010 Page 4 living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 The subject properties (portions currently zoned 132/I1A) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned 132/I1A and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning 1106-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning 1110-01. 3) Proffer Statement — Dated November 3, 2009; Revised January 19, 2010, May 14, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, Accounting, Research management and related services • General Business Offices • Public buildings • Museums as an accessory or secondary use • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services, limited, however, to the following extent: o 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. o 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 0 • Rezoning 06-09 — Jordan Springs Property August 3, 2010 Page 5 permits for such festivals or special events which are to occur outdoors at the property. STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the .site hisloiy portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen connnents during the public comment portion of the hearing. No issues or areas of concern were raised by the Commission. The Commission unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner Manuel abstained.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 4/14/10 MEETING: This application was reviewed by the Board of Supervisors on April 14, 2010, and following the public hearing, subsequently tabled at the applicant's request. The Board expressed concerns with components of the application including: proffered land uses may be too broad, welcoming unanticipated and unwelcomed uses, and potential for excessive noise and the hours of operation of the outdoor activities. At the April meeting the creation of an annual festival permit was also discussed. No citizens spoke during the public hearing. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 05/26/10 MEETING: At the May 26, 2010 meeting, staff provided a brief update to the Board to review the applicants proposed changes. At the May meeting a timeline for the annual festival permit was discussed along with postponement of enforcement of the pending zoning violation on the Jordan Springs property. The Board ultimately decided to defer the rezoning application and enforcement action of the zoning violation until the am-tual festival permit ordinance was concluded. On July 28, 2010 the Board of Supervisors approved a revision to the festival permit requirements to allow for annual festival permits. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/11/10 BOARD OF SUPERVISORS MEETING: This is an application to revise proffers on 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This proffer revision seeks to provide for additional uses on the site, including special events such as weddings, pub nights, and dinner theater. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer- amendment 0 • Rezoning 1106-09 — Jordan Springs Property August 3, 2010 Page 6 is necessary to resolve existing zoning violations on the property concerning land uses being conducted that are not pernutted by proffer (outlined in the site history portion on page 3). The applicant alyo intends to seek an annual festival permit to enable qualified land uses to occur outside of the plain historic Jordan Springs strtictm-e, on the grounds of the property; this festival permit will besought outside of the rezoning Process. At the May 26, 2010 meeting, staff provided a brief update to the Board to review the applicant's proposed changes. A timeline for the annual festival permit was discussed along with postponement of enforcement of the pending zoning violation on the Jordan Springs property. Revised proff6i's were presented to the Board that reflected the necessary ordinance amendment to the festival permit rcquircmcnts. The Board directed staff to return the rezoning petition to the Board on August 11, 2010 for action. On July 28, 2010 the Board of Supervisors approved revisions to the County Code pertaining to festival permits; the new code will enable the issuance of an annual festival permit. 'The Jordan Springs Prope,'ty is currently delinquent on its Frederick County real estate totes. §165- 102 02 of the Frederick County Zoning Ordinance requires that "every application for rezoning" shall include proof that all property tares due and payable to the County are paid and that no delinquent taxes are of/tstandino, " Therefore, the Tordan Springs rezoning r-equest is not in confor•rnail ce with the Zoning Ordinance. **On Iuly 9 2010 lordan Springs was cited with another zoning- violation for the illegal operation of a hair salon Hair salons are classified as personal services and are not permitted under the current proffers for the Jordan Springs property or the proposed proffers currently uneler review (Vee attached violation letter) Therefore even ifRezonin,- #06-09 is approved the Jordan Springs property would still be In violation of then' proffers. Following the public hearing, a decision regarding this proffer amendment would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 0 CERTIFIED MAIL July 9, 2010 Greig D. W. Aitkens and Tonie W. Wallace 1160 Jordan Springs Road Stephenson, Virginia 22656 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: 1160 Jordan Springs Road Property Identification Number (PH-;): 44-A-294 Zoning District: RA (Rural Areas) / B-2 (Business General) /HA (Historic Area) Overlay Zone Dear Mr. Aitkens and Ms. Wallace: This letter is to inform you that you are in violation of the proffered conditions assigned to Rezoning # 10- 01, approved by the Board of Supervisors on December 12, 2001. The property was rezoned from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone limited by proffers to the following uses: • Health Services • Legal Services • Engineering, accounting, research, management, and related services • General business offices • Public buildings • Residential use which are accessory to allowed business uses On June 15, 2010, this office received an application for a business license located on the Jordon Springs property. The business license was for a hair salon and was denied, as hair salons are not an allowed use by the proffers of Rezoning#10-01. I visited the property on June 23, 2010, and noted commercial hair dryers and wash stations located in the accessory building located on the right side of the main driveway. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, resolution of this violation may be accomplished by removing the hair salon from this property. Failure to comply with the Code of Frederick County will result in a criminal complaint being filed against you. You may have the right to appeal the above notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-1001.02, of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 Page 2 Greig D. W. Aitkens and Tonie W. Wallace Re: 1160 Jordan Springs Road July 9, 2010 appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. I have included a copy of the proffers for Rezoning # 10-01 for your review. Contact me regarding any questions that you may have at (540) 665-5651. Sincerely, `rk R. Cheran Zoning Administrator Enclosure MRC/dlw cc: Charles DeHaven, Stonewall District Supervisor ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ❑ Agent ■ Print your name and address on the reverse ❑ Addresse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, the B.Printed Name) •TV, %�/7%Gi rdelivery Date of Deliver or on front if space permits. 1. Article Addressed to: ress different from Item 1? ❑Yes elivery address below: ❑ No Mr. Greig D.W. Aitkens Ms. Tonie W. Wallace 1160 Jordan Springs Road Stephenson, VA 22656 3. Service Type ❑ Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receiptl� ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. 7009 2820 0004 3646 1680 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154C 0 0 COUNTY of FREDERICK apartment of Planning and Development 540/665-5651 FAX: 540/665-6395 T Frederick County Board of Supervisors FROM: Eric R. Lawrence, AICP, Planning Director SUBJECT: Jordan Springs Proffer Amendment and Zoning Violation Resolution DATE: May 18, 2010 On April 14, 2010, the Board of Supervisors considered Rezoning 906-09 to revise proffered conditions associated with the Jordan Springs site. The proffer amendment was initiated in an attempt to expand the allowed uses on the property to address an existing zoning violation. `file Board expressed concerns regarding the potential broad expansion of permitted Uses, as well as potential hours of operation, noise, and lighting issues that alight occur if the broadened permitted uses were enabled outside of the historic structure. At the request of the applicant, the Board ultimately tabled the application. The applicant and staff have islet ar1Cl discussed various avenues aimed at satisfying the Boarci's expressed concerns. The applicant has drafted a revised proffer statement that more clearly identifies the permitted uses on the property. Tile applicant has also submitted a request to amend the County Code pertaining to festival permits to enable an annual festival permit. Ultimately, if the Code is amended, the applicant could seek an annual festival permit to enable outdoor activities on the Jordan Springs property — the festival permit process could also be used to address hours of operation, noise, and lighting concerns associated with the outdoor activities. To achieve the desired expansion of permitted uses on the site — via a proffer revision and an annual festival permit - the applicant has requested that actions pertaining to the Jordan Springs property be deferred to allow time to properly craft and amend the County Code pertaining to festival permits. A copy of the applicant's request for deferral of the applications and the zoning violation is attached. Staff seeks direction front the Board pel•taiuin6 to the applicant's request for- deferral until the C01111tj, Code is 1'evised to enable an 11111111(ll.pstiwil pe1'nlit application. Such a deferment would exceed the previously established June 1, 2010 deadline to bring the property into compliance with the Zoning Ordinance. Please contact staff should you have questions. Attachments ERL/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester. Virginia 22604 Telephone 540.667.1266 VIA EMAIL AND REGULAR MAIL Mr. Richard C. Shickle, Chairman Frederick County Board of Supervisors 292 Green Spring Road Winchester, VA 22603 Mr. Christopher E. Collins Frederick County Board of Supervisors 120 Sesar Court Winchester, VA 22602 Mr. Bill M. Ewing Frederick County Board of Supervisors PO Box 27 Stephens City, VA 22655 Mr. Gene E. Fisher Frederick County Board of Supervisors 246 Bush Drive Winchester, VA 22602 May 14, 2010 Stephen L. Pettler, Jr. Facsimile 5,10,667.1312 petilcraharrison johnston.com Mobile 540.664.5134 Mr. Gary W. Dove Frederick County Board of Supervisors 821 Apple Pie Ridge Road Winchester, VA 22603 Mr. Charles S. Dehaven, Jr. Frederick County Board of Supervisors 2075 Martinsburg Pike Winchester, VA 22603 Mr. Gary A. Lollon Frederick County Board of Supervisors 711 Buffalo Marsh Road Middletown, VA 22645 In re: Proffer Amendment RZ406-09.1-Iistoric Jordan Springs; Tax Map Parcels #44-294 and 44-A-294A• 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Gentlemen: I represent Tonie Wallace Aitken and Greig D.W. Aitken regarding the above referenced proffer amendment which was the subject of a public hearing before you on April 14, 2010. As you will recall, the request was tabled in order to allow my clients and the planning staff to address issues which arose during the hearing. These issues pertained to clarification of the uses the owners wished to maintain at the property (as opposed to the broad SIC classifications stated in the language of the proffer amendment), and issues relating to noise and operations associated with the "special events" which the owners wish to continue to hold at the property. F_ L� Letter to the Board of Supervisors May 14, 2010 Page 2 To address these issues, my clients and I met with planning staff and Supervisor DeHaven on April 29, 2010 to discuss the best way to address these concerns. As stated at the public hearing, the proffered uses submitted in the proposed proffer amendment were the result of previous meetings with staff and the desire to shoe -horn the actual and intended uses the owners wanted to maintain at the property into SIC classifications. My clients acknowledge the SIC classifications as previously submitted are broader than they intended. Further, as a result of the discussions on April 29, 2010, it was the consensus of the group that the best way for the County to monitor noise and operational issues at the property would be through a festival permit type mechanism which could be visited annually if there were any complaints regarding operations at the property. Unfortunately, the current Frederick County Code, Chapter 86 ("Festivals") does not provide such a mechanism. The result of the meeting was that the following action plan was developed: The applicants would submit a revised proffer amendment which further limited the uses at the property to better reflect the actual and intended operations at the property to be considered by Board of Supervisors as soon as possible; 2. The applicants would formally request the Code and Ordinance Committee to consider amending Chapter 86 of the Code to provide for an annual "Special Events" permit which would apply to the types of operations at the property; and 3. The applicants would submit the revised proffer and an explanation of the outcome of the April 29" meeting with staff and Supervisor DeI-Iaven to you for your consideration in advance of the next meeting of the Board of Supervisors during which this matter is to be considered. Accordingly, attached please find the following: A. A draft of the proposed proffer amendment. This draft is intended to narrow the uses related to expositions and theatrical productions to "special events" as defined in the proffer statement. I worked from language in existing ordinances I found in researching this type of use. I have vetted this with the staff prior to submission to you. Please review this and provide any comments you may have so that we can submit a final proposed proffer for consideration. PLEASE NOTE: this proposed proffer statement is intended to be considered in conjunction with revisions to Chapter 86 of the Frederick County Code related to an annual permit which is intended to apply to "Special Events" held at the property. 0 • Letter to the Board of Supervisors May 14, 2010 Page 3 B. A letter to John Riley as Secretary of the Code and Ordinance Committee requesting revisions to Chapter 86 of the Frederick County Code consistent with discussions with staff and the issues raised by board members at the April 14, 2010 meeting. You will recall that the planning staff has imposed a June 1, 2010 deadline for the applicants to obtain a proffer amendment to address alleged non -conforming uses at the property. Mr. Lawrence addressed this issue at the April 14`h meeting when the board discussed the tabling of the application. It is our understanding from discussions with staff that staff considers the applicants to be cooperating fully in addressing the unique issues raised by the business uses desired at the subject property, the only property in Frederick County which has an historic overlay district. However, all of the parties recognize it will be impossible to fully address the concerns of board members, staff and the owners without first obtaining an amendment to Chapter 86 of the Frederick County Code so that a special events permit can be developed and implemented. This process will take longer than the deadline imposed by staff. I also understand that members of the Board of Supervisors might be hesitant to act on the revised proffer statement submitted by the applicants until the particulars of the special events permitting process are finalized so that members can be assured that their concerns about the uses at the property are addressed through this mechanism. I understand from staff that it follows the direction of the Board of Supervisors regarding how its resources are expended in enforcing ordinance violations. Therefore, on behalf of my clients, I ask that the Board of Supervisors consider directing staff not to put this application on the agenda until Chapter 86 of the Frederick County Code has been amended to reflect the concerns raised by all the interested parties in this matter. In conjunction with this I also ask that staff be directed to permit an extension of the deadline imposed for the amendment of the proffers related to the property to coincide with the expected completion of the ordinance amendment and meetings of the Board of Supervisors necessary to effect the changes which will address all of the concerns of the parties in a thorough and clear manner. I recognize this letter and the attached documents are lengthy. My clients and I appreciate the time and attention spent by you in reviewing this matter. However, it is our intention to clearly address everyone's concerns, and we believe this is an efficient manner by which to do so. If it is not, please let me know so I can assure we are addressing everyone's concerns in an efficient manner. We look forward to your observations and comments regarding the proposed amendments. With best regards, I am 0 0 Letter to the Board of Supervisors May 14, 2010 Page 4 Attaclunents cc: Eric Lawrence, Planning Director Clients 0 0 AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#06-09 PROPERTY: Historic Jordan Springs Tax Map Parcels #44-294 and 44-A-294A 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonic M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonic M. Wallace, husband and wife PROFFER DATE: 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 #10-01 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 0 0 3. Engineering, accounting, research, management and related services 4. General business offices 5. Public buildings 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 tirne, to obtain festival or special events permits for such festivals or special events which are to occur outdoors at the Property. Residential uses which are accessory to allowed business uses. Respectfully submitted this 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 May, 2010, by Greig D. W. Aitken. NOTARY PUBLIC Registration No.: My cornmission expires: a 0 Respectfully submitted this day of , 2010, TONIE M. WALLACE The foregoing instrument was acknowledged before me this day of May, 2010, by Tonic M. Wallace. NOTARY PUBLIC Registration No.: My commission expires: Ll is HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 May 14, 2010 John R. Riley, Jr., Secretary Frederick County Code and Ordinance Committee 107 North Kent Street Winchester, Virginia 22601 Stephen L. Pettler, Jr. Facsimile 540,667.1312 petticr@Pharrison-jAnston.com Mobile 540.664.5134 In re: Request for Amendments to Chapter 86 (Festivals) of the Frederick County Code Mr. Riley: I represent Tonic Wallace Aitken and Greig D.W. Aitken. They are the owners of Historic Jordan Springs, Tax Map Parcels #44-294 and 44-A-294A in the Stonewall Magisterial District. They currently have pending an application to amend proffers related to this property by way of Proffer Amendment RZ906-09. This application was tabled by the Board of Supervisors at its April 14, 2010 meeting in order to allow my clients and the planning staff to address issues which arose during the hearing. These issues pertained to clarification of the uses the owners wished to maintain at the property (as opposed to the broad SIC classifications stated in the language of the proffer amendment), and issues relating to noise and operations associated with the "special events" which the owners wish to continue to hold at the property. To address these issues, my clients and I met with planning staff and Supervisor DeHaven on April 29, 2010 to discuss the best way to address these concerns. As a result of the discussions on April 29, 2010, it was the consensus of the group that the best way for the County to monitor noise and operational issues at the property would be through a festival permit type mechanism which could be visited annually if there were any complaints regarding operations at the property. Unfortunately, the current Frederick County Code, Chapter 86 ("Festivals") does not provide such a mechanism. To this end, my clients hereby request the Code and Ordinance Committee to consider revising Chapter 86 of the Frederick County Code to provide for the establishment and implementation of a "Special Events" permit which could be issued on an annual basis to allow the County an opportunity to monitor and address issues which may arise as a result of the "Special Event" uses proposed by my clients for the Historic Jordan Springs property. The proposed uses are as set forth in the attached copy of the draft proposed proffer amendment my clients are vetting with planning staff and the members of the Board of Supervisors currently. In discussions with staff, it is anticipated that an application form similar to the existing festival permit application form could be used to identify the estimated number of events to be held each year and whether they occur indoors or outdoors. It would be expected that the ordinance would address 0 Letter to Mr. Riley May 14, 2010 Page 2 issues such as hours during which the events could occur, noise levels resulting from the events, and other issues identified by the staff which customarily occur as a result of these type of events. Thank you for the committee's consideration of this request. Please contact my with any questions or concerns. With kind regards, I am Veryhtruly yours, S LVIsp Attachment cc: Eric Lawrence, Planning Director Members of the Board of Supervisors Clients REZONING APPLICATION #06-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supervisors Prepared: May 18, 2010 Staff Contact: Eric R. Lawrence, AICP, Planning Director Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at Applicant's request. 05/26/10 Pending PROPOSAL: To revise proffers associated with Rezoning 410-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/26/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site hisloiy portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. This application was reviewed by the Board of Supervisors on April 14, 2010, and following the public hearing, subsequently tabled at the applicant's request. The board expressed concerns with components of the application including: proffered uses may be too broad, welcorning unanticipated and unwelcorned uses, and potential for excessive noise and lighting generated by the outdoor activities. At the Board's April 14, 2010 review, the tabling action did not specifically contain a return timeline, but discussion suggested a 45 day target with flexibility and preference to return the application to the Board sooner rather than later. The applicant has requested that actions on the proffer- amendment, and associated zoning violation and enforcement, be deferred until the County Code is revised to enable for an annual festival permit to be sought. Staff will offer the Board a brief update on this application on May 26, 2010, and seek the Board's concurrence with the applicant's approach towards completing the proffer amendment and zoning violation abatement. Staff is seeking the Board's concurrence with the applicant's time line approach to remedying the axisting zoning violation. The applicant should he prepared to adequately address all concerns raised by the Board of Supervisors. 0 Rezoning 1106-09 — Jordan Springs Property May 18, 2010 Page 2 This report is prepared by the Frederick Coullty Plalliliilg Staff to provide information to the Planning Commission and the Board of Supervisors to assist them it making a Clecision oil this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at Applicant's request. 05/26/10 Pending PROPOSAL: To revise proffers associated with Rezoning 110 1 -07 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (HA) Overlay Zone with proffers to 132 District with I -IA with revised proffers. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: 132 (Business General) District with a Historic Area (I -IA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District Use: Agricultural / Residential Cast: Zoned RA (Rural Areas) District Use: Agricultural / Residential Zoned RP (Residential Performance) Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Residential 0 • Rezoning 1106-09 — Jordan Springs Property May 18, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dent. of Transportation: Tile driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. Planning Department: Please see attached letter dated.hme 12, 2009, from Eric R. Laivrence, AICP, Planning Director. Historic Resources Advisor Board: Please see attached letter dated December 1, 2009, from Candice E. Perkins, AICP, Senior Planner. Planning & Zoning: 1) Site Ilistol}' The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 dining the comprehensive amendment to the County's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Benedictus and more recently as offices for County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning #10-01 for Jordan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a HA Overlay Zone. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the summer of 2009, the property owners were informed that certain activities being conducted on the site (special events such as weddings, dinners and other events) were not permitter) and were in violation of the itse conditions associated with Rezoning #10-01. It )vasfurther explainer/ that in order to remedy this violation, the property owner needed to secure a proffer amendment including the neiv uses, secure all approved site plan that addresses parking areas on the site cold, ftilallj,, implement the mlproventents specified oil the site plan. The proffer aiiieitditleilt proposed with this application is the first step necessaiy to resolve the violations oil the property. 0 • Rezoning #06-09 — Jordan Springs Property May 18, 2010 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [ComprehensNe Policy Plan, p. 1-1 J The subject properties (portions currently zoned B2/I-IA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned 132/I-IA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning 1106-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning 410-01. 3) Proffer Statement — Dated November 3, 2009; Revised .January 19, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, Accounting, Research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums as an accessory or secondary use • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services Rezoning 906-09 — Jordan Springs Property May 18, 2010 Page 5 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site historyportiola on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY ANll ACTION OF THE 04/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen comments during the public comment portion of the hearing. No issues or areas of concern were raised by the Commission. The Commission unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner Manuel abstained.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 4/14/10 MEETING: This application was reviewed by the Board of Supervisors on April 14, 2010, and following the public hearing, subsequently tabled at the applicant's request. The Board expressed concerns with components 0 0 Rezoning #06-09 — Jordan Springs Property May 18, 2010 Page 6 of the application including: proffered land uses may be too broad, welcoming unanticipated and unwelcomed uses, and potential for excessive noise and the hours of operation of the outdoor activities. No citizens spoke during the public hearing. At the Board's April 14, 2010 review, the tabling action did not specifically contain a return timeline, but discussion suggested a 45 day target with flexibility and preference to return the application to the Board sooner rather than later. CONCLUSION FOR MAY 26 2010 BOARD OF SUPERVISORS MEETING: The applicant is working to address the Board's concerns by revising the draft proffer statement and seeking to enable an annual festival permit to enable the outdoor activities. The annual festival permit would enable the Board to grant permission for the outdoor activities on an annual basis, and enable the applicant to address any concerns that may have arisen during the previous season. The County Code would need to be revised to enable an annual festival permit as the permit is presently only available on an event basis; the applicant has provided the County with a written request to seek the Code amendment. The applicant has requested that actions on the proffer amendment, and associated zoning violation and enforcement, be deferred until the County Code is revised to enable for an annual festival permit to be sought. Staff will offer the Board a brief update on this application on May 26, 2010, and seek the Board's concurrence with the applicant's approach towards completing the proffer amendment and zoning violation abatement. Staff is seeking the Board's concurrence with the applicant's time lure approach to remedying the existing zoning Violation. The applicant should be prej)ared to adequately address all concerns raised by the Board of Supervisors. REZONING APPLICATION 406-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supervisors Prepared: April 5, 2010 Staff Contact: Eric R. Lawrence, AICI', Planning Director Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Pending PROPOSAL: To revise proffers associated with Rezoning 1110-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to acid permitted uses on the site. LOCATION: The property is located at 1160.1orclan Springs Road and fonts the west side of Jordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR T14E 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. ']'his proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site histoiy portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Following, the Pequn'ed public hearing, a decision 1'egan ing this rezoning application bj; the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning 1106-09 — Jordan Springs Property April 5, 2010 Page 2 This report is prepared Gy the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others inter-ested in this Zoning matter'. Unresolved issr[es concenzing this application are noted hj, staff lvher'e relevant throughout this staff report. Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Pending PROPOSAL: To revise proffers associated with Rezoning #01-07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone with proffers to B2 District with I -IA with revised proffers. LOCATION: The property is located at 1 160 .Jordan Springs Road and fronts the cast and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions oo PROPERTY ZONING: 132 (Business General) District with a Historic Area (I -IA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential Use: Agricultural / Residential Rezoning 1106-09 — Jordan Springs Property April 5, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: "file driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north Of the entrance needs to be acij ustecl so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increascd radii will be required at the entrance to allow large vehicles, such as 11I11OtISines, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. Planning Department: Please see allached letter dated June 12, 2009,_fivin Uric R. Lalvrence, AICP, Planning Director. Historic Resources Advisor Board: Please see allached letter doled December 1, 2009ji'om Candice L. Perkins, f1IC'P, Senior Planner. Planning cal Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. SlCp11CI1SO1l Qlladrang1C) clepicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive anlcndnlent to the County's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Benedictus and more recently as offices for County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning #10-01 for .Iorclan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a I -IA Overlay Zone. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the siU1unei' of 2009, the pi'opel'tj, oivnenv Were infoi'nied that cei-twin activities being conducted on the site (special events such as iveddillgs, dinners and other events Wem not permitted and Were in violation of the use conditions associated With Rezoning #10-01. It ivas furthel' explained that in order to i'eme11j, this violation, the pi'opedjt mvnei' heeded to secure a pl'offei' amendment including the neW uses, secure an approved site plan that addresses parking areas on the site acid, filially, implement the improvements specified on the Site plan. Tlie pi'offeP aliieiilliiteiit pl'oposed With this application isthefil'ststep iiecessaly to resolve the violations on the property. Rezoning #06-09 — Jordan Springs Property April 5, 2010 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an off icial public document that serves as the community's guide for making decisions regarding development, preservation, public faculties and other key components Of COMITIUnity life. The primary goal of this plan Is to protect and improve the living environment within Frederick County. It is in essence a composition Of policies Used to plan for the future physical development of Frederick County. [Comprehensive Police Plan, p. I-1] The subject properties (portions Currently zoned B2/I-IA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits Of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned B2/I-IA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning # 10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning #06-09 seeks to add Museums, Eating and drinking places, Exposition opci-atlOnS and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses On the site. 'Phis proffer revision is being sought to provide for additional uses and Opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning #10-01. 3) Proffer Statement — Dated November 3, 2009; Revised .January 19, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, Accounting, Research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums as an accessory or secondary use • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services Rezoning 1106-09 — Jordan Springs Property April 5, 2010 Page 5 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General BLISiness) District with Historic Area (I IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land usC proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed In -offer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that arc not 1)cr lltted by profflcr (outlined in the slle hlsloq pol'tion on page 3). Approval of this proffer amendment will also require the property owner to implement parking iml) ovcments to accommodate the L1SCS. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available t0 answer gLICStiOI1S fi'0111 the COI11111ISS1011. There were no citizen comments dlll'Illg the I)ublic comment I)ortion Of the hearing. No issues or areas Of concern were raised by the Commission. The Commission LlnaninlouSly recommended ap])roval Of the rezoning application with revised I)roff6rs as pl'CSCnted. (Note: Commissioner Tril)Ictt was absent; Commissioner Manuel abstained.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Ovcrlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision Seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all Of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by prolTer (oullined in the site hisloly porlion on page 3). Approval of this proffer amendment will also require the property Owner to implement parking iml)'ovementS t0 accommodate the L1SCS. Following the required public (rearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concel•irs raised by the Board of Supervisors AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#06-09 PROPERTY: Historic Jordan Springs Tax Map Parcels #44-294 and 44-A-294A 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Toni M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Toni M. Wallace, husband and wife PROFFER DATE: November 3, 2009; Revised January 19, 2010 'File 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 # 10-01 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 clay 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 clay 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 Routc 664. All enhances shall be conshucted in accordance with VDOT standards and Frederick County standards. Allowed Us a 'fhe applicant proffers to prohibit all uses on the Property that are otherwise allowed In tllc 132 General Business District except the following: Limit the allevved-u-ses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums as an accessory or secondary use Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services Respectfully submitted this � day of 2010, N S UE C'���'; P•. NOTARY ••.�� J PUBLIC ' REG. 11' 2 1' 038 . n 1:1Y COP,S',11SSION EXPiKS ' . 10,31 2012 �yFA LTH GREIG D. W. AITKEN Respectfully submitted �NA,, day of 2010, N SUE �P 'NOTARY'' _j PUBuc TOME M. WALLACE REG -_2.1033 _ O '. EY,PIRES '•,10,31/2012. ' C� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 0 The foregoing instrument was acknowledged before me this �+kday of January, 2010, by Greig D. W. Aitken. CNN SUE ;C �P q ' NOTARY•' • '�� %, J PUBLIC 10/31(2012,•'�C� �'FAfTH Registration No.:Ld My commission expires: a NOTAR PUBLIC The foregoing instrument was acknowledged before me this 1d rr ay of January, 2010, by Tonle M. Wallace. A SUE c,''�,% . ' NOTARY J PUBLIC = REG.-24'-058 * . ALTH �F4 s` F ` NOTARY PUBLIC Registration No.: Q J41 9 3 D My commission expires: I d 0 Pr.rperty Identification iv .• :T be 4 T -t.� j) l�r stwc^: !-: Mt9i3:._-:.:.1',Strict prZ• , if PrelirninsrX �.n purnia ni to G(-;-ien 15.2-27'�5 e', - o! :hc code of virg.nic. I?50, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the under:., --' ^' -`_-; 1_ offers that in the event the Board of Supervisors of Frederick C.almrv. V iraiara, uia11 fppiotie n l • C'. fir th= :mooning of 10.33 (+!••; 3.s -'rTom �+�. ArA 4R*,, Lnn:nz Uisuicc ►o r3tLwrri� veucr..i (3-2, Zoning District x- `' —:rla a (HA) Overlay Zone- Developmem of the subject prup�ty shrill be done ir, conformity with the terms and conditions set forth herein, exucpt to the extent that such -crass aan conditions may be subsequently amen..e%: or revised by the applicant and such •-11--wen by the Frederick County Board of :Zupervisor3 in accordance with Virginia law, In the event that such rezoning is not granted, then these proffers shall be deemed a i.hct,ati;..a,d have no effect whatsoever. The undersigned, that owns the above described property, nereby voluntarily proffers that if the Bor." 7.f --rp -----:t -rs f-r the C: cnr i rf c r_--icy ���nia ; pprovcs the rezoning fa- t".e 10.33 r * ', + :res the w ri &ter T nsr)ol;:L:(1J--j ,rnd tat- A;i-.nlsnning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide aaceasarvrigrtt -if' Nay ai,jug VDOT. EAcu :ii:c, stall be ►ir iit.xi w tv..j a:u...rxcs onto: All ez;m-xes shall be constracted in accordance with VDOT standards and Frederick County standards. Allowed Ikea Limit the allowed uses to: Health Services Legal Services Engineering, ateountin& rrscarch, management and related servicrs. General business offices Public buildings Residential uses which are accessory to allowed business uses REZONING REQUEST PROFFER .4,4 11 4 Y% 110A tac allowed business sign to one sign. The sip Aall be of monurimt-tWe c-)nst=tion and Ihnited to U,-y (50) sY;= filltt: a F'zc 0--' a J"M PiYO' fencing 21oniethe DaraMeEtr')i'-ht ,711 pond thAt -trxvicea the 10-33 (+/-) acres. c=.ditians -m-f-reed ztovr shall be binding upon the heirs. cxecutm-s, adminiAZO-a. ha = - -o 7,wc-�Te%rr ip interest of theA-ppljcant and Owns. ;n L -- ev ha Frederick I EL r < of Superns= grant said r=ning and accepts these conditions; the fr--t,4 ^��iiivrs shall x x to other requir=eots set PROPERTY OWNER ,vii.r.;ovary Sti-vants ci ike-Mail Holy Trinity 41 (Priv r-e 7- STATE OF MARYLAND. Al'iARI»E MON-17WAtkY COINTY, T(s-WiL The forcgoirS jnatrumeat was acknowledged before me this 71 th day of December, 2001. Wy i-nmrriission mtp;iLi: jolly 1 ?n Notary Public: Revised InS2001 PCT FnAtfick County S a2d PIMMift *-0--MMUM L"JiUUMMI3. ,.,JTrL P. 03 • 0 REZONING APPLICATION #06-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supervisors Prepared: Januaiy 20, 2010 Staff Contact: Candice L. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 01/27/10 Pending PROPOSAL: To revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Lone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1 160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/27/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also rcgU11'e the property owner to implement parking Improvements to accommodate the Uses. following the required public hew-ing, a decision regln'ding this rezoning application by the Boned of Supervisors would be appropriate. Tlie lrpplicant shorlld be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning 1/06-09 — Jordan Springs Property January 20, 2010 Page 2 This report is prepared Gy the Frederick County Planning Staff to pi•ovirle inforinatioll to the Planning Commission and the Board of Supen Isom to assist theirs in slaking a llecision oil this application. It nug also be useful to others interested in this zoning matter. Unresolved issues concei-ning this application are noted bjy staff Ivhei-e mkmant throughout this staff report. Reviewed Action Planning Colnmission: 01/06/10 Recommended Approval Board of Supervisors: 01/27/10 Pending PROPOSAL: To revise proffers associated with Rezoning 40 1 -07 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) Overlay Zone with proffers to 132 District with I -IA with revised proffers. LOCATION: The property is located at 1 160 .Jordan Springs Road and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY Ill NUMBERS: 44-A-294 and 44-A-294A (portions oo PROPERTY ZONING: 132 (Business General) District with a Historic Area (I -IA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District Cast: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential Use: Agricultural / Residential Rezoning 1106-09 — Jordan Springs Property January 20, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass WithOut driving oil the grass, a sufficient distance to allow for a reasonable Outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. hlcreased radii will be required at the entrance to allow large vehicles, SLlch as lin1O11siileS, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. PlanninI4 Department: Please see attached leper dated J nle 12, 2009, from Eric R. Laivi-ence, AIC'P, Planning Director. Historic Resources Advisor Board: Please see attached lellei- da/ed December 1, 2009ji-oni Candice E. Perkins, ,IIC'P, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during tile compi-cllensivc amendment to the COLlilty'S Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants Of the Holy Trinity, a rehabilitation center by Shalom ct Benedictus and more recently as offices for County COLirt Reporters Inc. In 2001 the Frederick County Board of Supervisors approved Rezoning 8 10-0 1 for.lordan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the 132 District with a I -IA Overlay Zone. Rezoning 410-01 restricted the site usage to: Health Services, Legal Services, Engineering, accounting, research, management, and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the sll111inei- of 2009, the p1-opel'ty mmel's ive1'e hifoi- med that cei-twin activities being conducted on the site (special events such as ived hligs, dhinei•s and other' events) ivei-e not pei-mitte(1 and )vel-e in violation of the use conditions associated With Rezoning 810-01. It ivas fui-thei- e_j)1ained that in order to reilmedj, this violation, the property mmei' needed to seem-e a pl'offel' amendment including the neiv uses, secul-e an approved site plan that addresses pai-king areas on the site arid, finallj,, iliip1e11 eat the il)ipl'oveliieiits specified oil the site plan. Tlie pi -offer atizeii(iNleiit pl'oposed with this (ipplicatioii is the fl'st st(-,t) ilecessaly to resolve the violations on the property. 0 • Rezoning 806-09 — Jordan Springs Property January 20, 2010 Page d 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [COnilvel?ensive PohG}� Plan, p. I-1J The subject properties (portions currently zoned B2/I-IA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned B2/I-IA and this request is in general conformance with the Comprehensive Policy Plan. Lawn Use. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, accounting, research, InnanagcmCnt, and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning 1/06-09 seeks to add Muscums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning #10-01. 3) Proffer Statement — Dated November 3, 2009; Revised ,January 19, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, accounting, research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums as an accessory or secondary use • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services Rezoning 1106-09 — Jordan Springs Property January 20, 2010 Page 5 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic ,Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the sire history porlion on page 3). Approval of this proffer amendment will also require the property owner tO implement parking improvements to accommodate the Uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen comments during the public comment portion of the hearing. No issues or areas Of concern were raised by the Commission. The Commission LmammOLISly recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner MaIILICI abstained.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/27/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of landr_oned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of sta11's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by prolTcr (outlined in the rile hislay poi lion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Follmviva the mquired public heafing, a deGsion reaardhig this rezoning application by the Board of Supervisors ivould be appropriate. The applicant should be prepared to adequately address all coucerirs raised by the Board of Supervisors • 0 REZONING APPLICATION 906-09 JORDAN SPRINGS PROPERTY Staff Report for the Planning Commission Prepared: December 18, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 01/06/10 Pending Board of Supervisors: 01/27/10 Pending PROPOSAL: To revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Iistoric Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Following the required public hearing, a recommettrlatioti reAarditig this rezottittg application to the Board of Supervisors would be appropriate The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning 1106-09 — Jordan Springs Property December 18, 2009 Page 2 This report is prepared Gy the Frederick County Planning Staff to provide infon'mation to the Planning Commission and the Board of Supervisors to aasist them in slaking a rlecisionn oil this application. It may also be useful to otheis intL'n'ested in this zoning matte/'. Unresolved issues concenvning this application are noted Gy staff where relevant throughout this staff report. Reviewed Action PlaIning Commission: 01/06/10 Pending Board of Supciwisors: 01/27/10 Pending PROPOSAL: To revise proffers associated with Rezoning 1/01-07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone with proffers to B2 District with I -IA witli revised proffers. LOCATION: The property is located at 1 160 Jordan Springs Road and fronts the cast and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: B2 (Business General) District with a Historic Area (I -IA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: Nortli: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District Last: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential Use: Agricultural / Residential Rezoning 1106-09 — Jordan Springs Property December 18, 2009 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass xvlthout driving on the glass, a Sufficient distance t0 allow for a treasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as 1in10LISines, to enter without eIlteI'ing the outbound lane. 1 his will probably take a bit of engineering due t0 the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plait. Planning Department: Please see allached letler dated June 12, 2009ji'om Eric R. Lalvirence, AICP, Planning Director. Historic Resources Advisor Board: Please see cillached leper dated December 1, 2009, from Candice E. Perkins, AICP, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County "Zoning Man (U.S.G.S. SlCp11C11S011 QUadrailglC) CICniC1S tI1C "Zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 dlli'illg the comprellensivc aincridment t0 tI1C COLInty'S Zoning Ordinance. The subject site has been utilized in the past cis a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation Centel' by Shalom et BenediCtus and more recently as offices for County Court Reporters Inc. In 2001 the Frederick County Board of Supervisors approved Rezoning # 10-01 for Jordan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a I -IA Overlay Zone. Rezoning 410-01 restricted the site usage to: Health Services, Legal Services, Engineering, accounting, research, management, and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the sunlinel' of 2009, the proj)el'tj/ oivnei's ivei'e infoi'illed that cei-twin activities being conducted oil the site (sj)ecial events such as iveddings, dinnel's and other events) ivel'e not permitted and were in violation of the use conditions associated with Rezoning #10-01. It was further' evIVainled that in order' to femedy this violation, the pm1mi'ly oivnei' needed to secili'e a pi-offel' amendment including the new uses, se'cill'e all approved site plan that addresses parking areas oil the site cold, finally, implement the imIm-ovements s1mcif ed oil the site plan. Tlie pi'offel' ailie'iillillenit proposed ivitli this' CipJ)licatioii is thefii'ststep ilec(,ssaiy to 1'esolve the violations oil the pro1)ei•tj). Rezoning 1106-09 — Jordan Springs Property December 18, 2009 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 J The subject properties (portions currently zoned 132/I-IA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned 132/I-IA and this request is in general conformance with the Comprehensive Policy Plan. I mail 1IVo Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, accounting, research, management, and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed bLISinCSS LISCS. The proffer revision being proposed with Rezoning 1106-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning #10-01. 3) Proffer Statement — Dated November 3, 2009: A) Allowed Uses • Health Services • Legal Services • Engineering, accounting, research management and related services • General Business Offices • Residential uses which are accessory to allowed buSInCSS LISCS • Museums • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with 0 Rezoning 1106-09 — Jordan Springs Property December 18, 2009 Page 5 revised proffers for the Historic Jordan Springs Property. This profilcr revision seeks to provide for additional uses on the site. The lancl use proposccl in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by profiler (oullined in the site history pooion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Follolying the Yequh-ed public heal -in , a recommendation i-eguai-ding this Pezo/ ing application to the Boal-d ofSupervisom ivould be appropHate. The applicant should beprepai•ed to adequately address all concerns ntised by the Planning, Commission RESOLUTION Action: PLANNING COMMISSION: January 6, 2010 - Recommended Approval BOARD OF SUPERVISORS: May 11, 2011 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-09 PROFFER REVISION OF JORDAN SPRINGS PROPERTY WHEREAS, Rezoning 906-09 Proffer Revision of Jordan Springs Property, to revise the proffers associated with Rezoning 410-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) 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 1160 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, 201.0 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, 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 Rezoning #10-01. The proffer revision is intended to add permitted uses on the site, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. # 12-11 4V W This ordinance shall be in effect on the date of adoption. Passed this 1 lth day of May, 2011 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Absent A COPY ATTEST .John R. ' iley, Jr. Prede ick County Administrator PDRes. #12-11 1L100042c), � CD _._- AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#06-09 PROPERTY: Historic Jordan Springs Tax Map Parcels #44-294 and 44-A-294A 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonic M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: 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 # 10-01 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 132 General Business District except the following: Health Services 2. Legal Services Engineering, accounting, research, management and related services CD General business offices Public buildings N 6. Museums as an accessory or secondary use 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 day of L Lt" 2010, GREIG D. W. AITKEN STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: J wi The foregoing instrument was acknowledged before me this day of•Ma !2010, by Greig D. W. Aitken, NOTARY PUBLI Registration No.: MAUREEN A. GRIlLO NOTARY ID * 7123235 My commission expires: NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31. ?7t 1 10-1 COUNTY of FREDERICK',`.; ,John R. Riley, Jr. County Ad►ninistrator C 540/665-5666— Fax 540/667-0370-''- :1- E-mail: jriley@co.frederick.va.us I, 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 17t1i day of May, 2011. Jay ?. Tibbs, Deputy Clerk COMMONWEALTH OF VIRGINIA: CITY/COUNTY OF (]chef-T i , to -wit: 1, M P.I15`� �6i leio , a Notary Public in and for the City/County and State aforesaid hereb eertif that Jay E. Tibbs, ���\`111'IIIII►r���� Y Y Deputy Clerk to t�sSA AN IV Board of Supervisors of Frederick County, Vir inia, whose name is signed above, ��GoMMO"wtq( 9i1�,'; acknowledged his signature before me this I b g day of , 201 1, in nl� REGISTRATION NO.'-. City/County and State aforesaid. 7368761 'MY COMM- EXPIRES' _ 01/31/201 d QC..) ��• c' — 1OT9RYIP\3 NOTARY PUBLIC Registration Number: `j3(pg� l9 My Commission Expires: I - ,� 1-201 y 107 North Kent Street • Winchester, Virginia 22601 COUNTY of FREDERICK�K'!!" John R. Riley, Jr. County Administrator O 540/665-5666— Fax 540/667-0370-) �7- E-mail: jrljey@coSredcrick.va.us coSrederick.va.us I, 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`t' day of May, 2011. Jay Tibbs, Deputy Clerk COMMONWEALTH OF VIRGINIA: CITY/COUNTY OF \(V { n�l� ,to -wit: I, M P I S` ��1 �c� , a Notary Public in and for the City/County y y y E. Deputy Clerk to th�4��`���5`? Mo wN and State aforesaid o hereb cerlii' that Jay r. "Tibbs, Board of Supervisors of Frederick County, Vir 71n1a, whose name is signed above, � � '. acknowledged his signature before me this I�i day of 2011, in m :'REGISTRATION NO.736©761 City/County and State aforesaid. •MYCOMM. EXPIRES 01 /31 /2014 0 * 9L 0%qRY Ipu' \\ NOTARY PUBLIC Registration Number: My Commission Expires: l- �l'201y 107 North Kent Street ° Willchestcr, Virginia 22601 c CD O� U `a .v .r RESOLUTION Action: PLANNING COMMISSION: January 6, 2010 - Recommended Approval BOARD OF SUPERVISORS: May 1), 2011 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING TILE ZONING DISTRICT IVIAP REZONING 406-09 PROFFER REVISION OI .IORDAN SPRINGS PROPERTY WHEREAS, Rezoning 1406-09 Proffel• Revision of Jordan Springs Property, to revise the proffers associated with Rezoning 910-01 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) 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 porlion of 44-A-294A. WHEREAS, the P11111111ng C01111111SS1011 held a public hearing on this 1'eZ0lllllg 011 Jilnllary 6, 2010 and forwarded a recommendation of�approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 11, 201 1; 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; NONA', THERE, FORE, BE IT ORDAINED by the Predcricl: County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning Rezoning10 Ol . 3 he proffer revision is intended to add permitted uses an the site, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PURes, 112-1 1 "This ordinance shall be in effect on the date of adoption. Passed this l.1 th day of May, 2011 by the followinb recorded vote; Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary Dove Aye Bill M. Ewing Aye Gene F, Fisher Aye Aye . Charles S. DeHaven, Jr. Cluistopher E. Collins Absent A COPY ATTEST John(R.iley,Jr. , Frederick County Administrator PDRes. *12-11 CO O J 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 rl CURRENT OWNER' MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF: TAX MAP 44 - A PRCL 294 60 -•7 lS 14.20' 23 "W CURRENT ZONING, RA i\ �'' Og 1i3.02' \2i M REQUESTED REZONING, B - 2 i i' �.2 `fl \\o p0��' , �� i to ,5 N,� N63' w�� N81.32'18"E 579.5654"E Q 351 .88' 69 REZONING AREA: /0.33 ACRES o0 \00s 0/� O O _ `r,�� • S;<, 353.27' / ?1m N86.33'40"E I 445.08' U ,tO N45.00'00'E 140.00' N17.30'00"W 250.00' 4Ss: S '`. 00 S23.00'00"W \ 297.00' \ BOUNDARY INFORMATION SHOWN HEREON IS COMPILED FROM EX/STING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD spy RUN BOUNDARY SURVEY BY TRIAD ENGINEERING, 0 0_ 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• o.;, S89.18' 03 "E 900.00' S00.41' 59"W F , 'r 32.74 • .�O \O ono o�o Qo o `,o_ TO 0 0 �m o 8.97�•, I o0. yl� ' \ 106.94' y 589.18'0\3'E 900.00, I \%\ 1p s\. qyY � 6• W \ 00 Nlo � i ,563. AS 0 olo 502.45'OQ"E o `o �..� 235.00 ' C 'W N63. 00' 01 105.00' `S23.30'00"E i� 393.93' N84.30'00'W i 514.09, = O /O9h0 00 i i� ah Sh S47.00'00"W 179.00' ioo o ioo zoo .soo +oo SCALC. r-ioo• VIRGINIA: FREDERICK COUNTY -SCE This instrument of writing was produced to me on " `/Q "// al - (3Z-() - K. and + ith urtil"catc ackllc)`x1cchlement thereto annexed IAas adnl led to record. Tax imposed by See. 58.1-802 of and 58.1-80I have been paid, if assessable. Clerk IF AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#06-09 PROPERTY: Historic Jordan Springs Tax Map Parcels #44-294 and 44-A-294A 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: 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 # 10-01 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 r] 3. Engineering, accounting, research, management and related services 4. General business offices 5. Public buildings 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 day of 6abl 2010, GREIG D. W. AITKEN STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: I 4' The foregoing instrument was acknowledged before me this day of.May, 2010, by Greig D. W. Aitken. NOTARY PUBLI Registration No.: MAUREEN A. GRILLO NOTARY ID * 7123235 My commission expires: NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER31,2011 • Respectfully submitted this 0 � ay of 442010, TONIE M. WALLACE The foregoing instrument was acknowledged before me this t_L__day of*, 2010, by Tonie M. Wallace. NOTARY PUBLIC Registration No.: 7/as 5591, ,� MAUREEN A. GRILLO NOTARY ID # 7123235 My commission expires: PUBLICNOTARY COMMONWEALTH OFVIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2011 PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#09- PROPERTY: Historic Jordan Springs Tax Map Parcels # 44-A-294 and 44-A-294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonic M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonic M. Wallace, husband and wife PROFFER DATE: November 3, 2009 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#10-01 of Jordan Springs dated December12, 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 the Frederick County Board of Supervisors' ("Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision 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: Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services • 0 Respectfully submitted this day of✓V&f , 2009, GREIG D. W. AITKEN TON E M. WALLACE STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this t' day of November, 2009, by Greig D. W. Aitken. NOTARY P S UE C Registration No.: PUBLIC My commission expires: I U _ J REG. #241038 -�- fir= my commISS1014 Q off'. EXPIRES STATE OF VIRGINIA, AT LARGE �;,�,o •10,31/2012 FREDERICK COUNTY, To -wit: �. �J;, i ru The foregoing instrument was acknowledged before me thisa-41day of November, 2009, by Tonic M. Wallace. NOTARY PUBLIC 0*1 Registration No.: _2`3 • • P •' NOTARY . M My commission expires: 0 o J-1 I �2— PUBLIC ` * ; REG. #241038 ; yk •� my cON111111SSIM EXPIRES '- 10,r31t2012.," ig....... 2 'fin%111111�\\ 0 0 NOV 5 2009 ip 0 From: Eric Lawrence To: Paige Manuel Cc: Greig Aitken ; Tonie Wallace -Aitken Sent: Wednesday, August 12, 2009 9:08 AM Subject: FW: Jordan Springs entrance Hi Paige. Per your request, I have obtained VDOT's comment pertaining to entrance improvements that are required at the Jordan Springs site entrance. I have confirmed with VDOT that these comments are their official comments associated with the pending Special Events proffer revision. -Eric From: Funkhouser, Rhonda [mailto: Rhonda. Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingram, Trausportatiou Engineer Virginia Deparhueut of Transportation Edhiburg Resideiicii — Land Developnieiit 14031 Old Valley Pike Edinburg, Virginia 22824 Date: 1/25/10 Cash R ster: Time: 15:35:29 Cashier: JUDY K HOCKENSMITH Account#: 000021570 Cust. -Lansactions: Trans. Type: PAY Dept/Billtt: RE2009 00003360002 P/I Date: 1/25/2010 1/25/2010 Name: AITKEN GREIG D W Bill Date: 12/08/2009 Half: 2 Name 2: Address: & WALLACE TONIE M Mapn: 44 A 294 11 JORDAN SPRINGS RD MMMMMDDSSLLLLSS STEPHENSON VA Acreage: 55.67 Dist/Cls 05 / 02 Zip: 22656 - 2015 Mortg.Co.: Desc: 5-57-6-7 ACRES SSN: 000 - 00 - 0000 Due Date T6-U-=127T77M9 Status: Land: $621,400 Improve: Original Bill: $4,262.75 Credits: Penalty Paid: $.00 Int Paid: Amount Owed: $4,262.75 Other: Total Owed: $4,767.18 Penalty: Principal Due: 4262.75 Pen Penalty Due: 426.28 Total Amount Due: 4767.18 $1,517,500 '-use: $154,168 $.00 Discount: $.00 $.00 Last Date: 12/08/2009 $.00 Setoff Claim it: 00000000 $426.28 Interest: $78.15 Rate 10.00% Int Fact .016666 Dpt/Act cde Interest Due: 78.15 Aging: 0 years, 1 month, 18 act Promise to Pay Date: FREDERICK COUNTY TREASURER 107 NORTH KENT STREET SUITE 100 For Tax Information & Online Payments W W W. CO. FREDERICK. VA. US DATES TO REMEMBER Mar. 1 Business Equipment/License Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dog tags renew upon expiration of rabies certification. Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. BOX 225 Winchester, VA 22604-0225 (540) 665-5607 E-mail Address BOrndoff@co.frederick.va.us Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, full and correct to the best of my knowledge and belief. Used 50% for Business Yes No Signature Signature Date: 1/25/10 Cash Rorter: uasnier: JUUY kC MUC,1tr;N51`11'1'H Trans. Type: PAY Dept/Bill# Name: AITKEN GREIG D W Name 2: Address: & WALLACE TONIE M Map#: 44 A 294A 1160 JORDAN SPRINGS RD MMMMMDDSSLLLLSS STEPHENSON VA Acreage: 176.25 Dist/Cls 05 / 02 Zip: 22656 - 2015 Mortg.Co.: Desc: 11T.-Z5 ACRES SSN: Time: 15:35:35 Account': 000041277 Cust.Transactions: RE2009 00003370002 P/I Date: 1/25/2010 1/25/2010 Bill Date: 12/08/2009 Half: 2 000 - 00 - 0000 Due Date ash-76-=1T7U7%T6-69 Status: Land! $ 4 Improve: $0 —'—Use: $44,063 Original Bill: $112.36 Credits: $.00 Discount: $.00 Penalty Paid: $.00 Int Paid: $.00 Last Date: 12/08/2009 Amount Owed: $112.36 Other: $.00 Setoff Claim #: 00000000 Total Owed: $125.66 Penalty: $11.24 Interest: $2.06 Principal Due: 112.36 Pen Rate 10.00% Int Fact .016666 Dpt/Act cde Penalty Due: 11.24 Interest Due: 2.06 Total Amount Due: 125.66 Aging: 0 years, 1 mont , 1 days. Promise to Pay Date: F1=Amt Tender F2=Next Ticket F3=Exit F10=Funct Menu FREDERICK COUNTY TREASURER 107 NORTH KENT STREET SUITE 100 For Tax Information & Online Payments W W W.CO.FREDERICK.VA.US DATES TO REMEMBER Mar. 1 Business Equipment/License Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dog tags renew upon expiration of rabies certification. Other due dates as billed by the Commissioner of the Revenue's Office. MailinLy Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address BOrndoff@co.frederick.va.us Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, full and correct to the best of my knowledge and belief. Used 50% for Business Yes No Signature Signature 0 2010 T A X R E C E I P T - *SUMMARY RECEIPT* FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 Parcel#: 44 2010.REAL ESTATE TAXES **,* SUMMARY RECEIPT *** AITKEN.GREIG D W & WALLACE TONIE M 1.160 JORDAN SPRINGS RD STEPHENSON VA 22656-2015 A. 294A Ticket #: Date Register: Trans. #: Dept # ACCT# Acres 0000337 3/28/2011 JKH/JKHB 14706 RE2010 13539 17625 Previous Balance $ 127.72 Principal Being Paid $ 112.36 Penalty $ 11.24 Interest $ 4.12 Amount Paid $ 127.72 *Balance Due $ Pd by HARRISON & JOHNSTON PLC Check. 127.72 # WACH 0282 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2011 2010 T A X R E C E I P T - *SUMMARY RECEIPT* FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 Parcel#: 44 2010 REAL ESTATE TAXES ***.SUMMARY RECEIPT *** AITKEN GREIG D W A 294 Ticket #: 0000336 Date 3/28/2011 Register: JKH/JKHB Trans. #: 14706 Dept # RE2010 ACCT# 41277 Acres 5567 r1 Previous Balance $ 4845'.32 Principal Being Paid $. 4262.75 Penalty $ 426.28 4k Interest $ 156.29 Amount Paid $ 4845.32 & WALLACE TONIE M *Balance Due $ .00 1160 JORDAN SPRINGS RD STEPHENSON VA 22656-2015 Pd by HARRISON & JOHNSTON PLC Check 4845.32 # WACH 0282 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2011 0 2010 T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 Parcel.# : - .52. 2010 REAL ESTATE- TAXES *** SUMMARY RECEIPT:*** WALLACE TONIE.M. -1160 JORDAN:SPRING-S RD STEPHENSON VA 22656-2015 - *SUMMARY RECEIPT* Ticket #: 0040187 Date 3/28/2011 Register: JKH/JKHB Trans. #: 14706 _Dept # RE2010 ACCT# 13539 A. 69 Acres 600 Previous Balance $ 1584.04 .Principal Being Paid $ 1360.68 Penalty $ 136.06 Interest $ 87.30 Amount Paid $ 1584.04 *Balance Due $ Pd by,HARRISON & JOHNSTON PLC Check 1584.04 # WACH 0282 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2011 2009 T A X R E C E I P T - *SUMMARY RECEIPT* FREDERICK COUNTY C. WILLIAM ORNDOFF, JR .P.O. BOX 225 WINCHESTER VA 22604-0225 Parcel#: 52 A 2009 REAL ESTATE TAXES *** SUMMARY RECEIPT*** WALLACE TONIE M. 1160 JORDAN SPRINGS RD STEPHENSON VA 22656-2015 Ticket #: 0039829 @@ Date 3/28/2011 Register: JKH/JKHB Trans. #: 14706 Dept # RE2009 ACCT# 27570 Acres 600 Previous Balance $ 1733.72 Principal Being Paid $ 1360.68 Penalty $ 136.06 Interest $ 236.98 Amount Paid $ 1733.72 *Balance Due $ Pd by HARRISON & JOHNSTON PLC Check 1733.72 # WACH 0282 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2011 [file] 0 0 2009 T A X R E C E I P T Ticket 4:00003370001 FREDERICK COUNTY Date 9/04/2009 C. WILLIAM ORNDOFF, JR Register: JKH/LKHS2 P.O. BOX 225 Trans. #: 59602 WINCHESTER VA 22604-0225 Dept # RE200901 Acct# 41277 2009 REAL ESTATE TAXES Previous 176.25 ACRES 44 A 294A Balance $ 127.72 Acres: 176.25 Land: 44063 Imp: Principal 0 Being Paid $ 112.36 Penalty $ 11.24 AITKEN GREIG D W Interest $ 4.12 & WALLACE TONIE M Amount Paid $ 127.72 1160 JORDAN SPRINGS RD STEPHENSON VA 22656-2015 *Balance Due $ .00 Pd by AITKEN GREIG D & WALLACE TONIE M Check 4973.06 # 1B 1976 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 9/2009 2009 T A X R E C E I P T Ticket #:00003360001 @@ FREDERICK COUNTY Date 9/04/2009 C. WILLIAM ORNDOFF, JR Register: JKH/LKHS2 P.O. BOX 225 Trans. #: 59602 Dept It RE200901 WINCHESTER VA 22604-0225 Acct# 27570 2009 REAL ESTATE TAXES Previous 55.67 ACRES 44 A 294 Balance $ 4845.34 Acres: 55.67 Principal Being Paid $ 4262.76 Land: 154168 Imp: 1517500 Penalty $ 426.28 Interest $ 156.30 AITKEN GREIG D W & WALLACE TONIE M Amount Paid $ 4845.34 1160 JORDAN SPRINGS RD STEPHENSON VA 22656-2015 *Balance Due $ 00 Pd by AITKEN GREIG D & WALLACE TONIE M Check 4973.06 # 1B 1976 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 9/2009 0 • Filc 40108-01 A SGB:bEm THIS DEED made and dated this 21 day of May , 2002, by and between MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, an Alabama corporation, party of the first part, hereinafter called the Grantor; and GREIG D.W. AITKEN and TONIE M. WALLACE, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETI-I: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with special warranty of title, unto the Grantees, in fee simple absolute, as tenants by the entirety, with common law right of survivorship, all of its right, title and interest in and to the following property: All of those two certain lots or parcels of land together with all improvements thereon and appurtenances thereunto belonging in Stonewall Magisterial District, Frederick County, Virginia, designated as Tract One known as the Jordan White Sulphur Springs Property, as shown on the plat and survey of Richard U. Goode, Certified Surveyor, dated June 4, 1952, containing 74.49 acres, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 224 at Page 125, and Tract Two as shown on the plat and survey of Richard U. Goode, Certified Surveyor, dated May 24, 1952, containing 183.01 acres, of record in the aforesaid Clerk's Office in Deed Book 224 at Page 119, both tracts being conveyed to the Missionary Servants of the Most Holy Trinity, an Alabama corporation, by Deed dated April24,1954, from W. H. M. Stover, Incorporated, a Delaware corporation, of record in the aforesaid Clerk's Office in Deed Book 231 at Page 328, Iess and except the following conveyances by the Grantor herein: (1) 3,505 square feet by Deed of record in the aforesaid Cleric's Office in Deed Book 246 at Page 392; (2) small conveyance to the Commonwealth of Virginia by Deed of record in the aforesaid Clerk's Office in Deed Book 250 at Page 414; (3) 20.619 acres by Deed of record in the aforesaid Clerk's Office in Deed Book 405 at Page 239; (4) small conveyance to the Commonwealth of Virginia of record in the aforesaid Clerk's Office in Deed Book 921 at Page 1188; and • CD N j W I G 1i (5) 6.7555 acres by Deed of record in the aforesaid Clerk's ! Office as Instrument No. 000011813. and including any land acquired in the Deed of Boundary Settlement dated :)ccember 4, 1991 with Rene R. Carson, et ux, of record in the aforesaid Clerk's Office in Deed Book 769 at Page 883. The land herein conveyed is approximately 230 acres but this conveyance is in gross and not by the acre. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, restrictions, and rights of way affecting said property and all prior conveyances therefrom. ,..,ae Grantor does hereby covenant that it has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite WITNESS the following signature and seal; MISSIONARY SERVANTS HOLY TRINITY, An Alabam'a'?C0 pox, 01 � By; .S (SEAL) Brother Jordan Baxter, S.T. Its Treasurer o i N � W I STATE OF MARYLAND CITY/COUNTY OF MONTGOMRY , to -wit: I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that Brother Jordan Baxter, S.T. , whose name is signed as Treasurer an6. duly authorized officer of MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, an Alabama corporation, to the foregoing Deed dated the 21 day of May , 2002, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this 21 day of May , 2002. }, � f Wfary C./ My Commission Expires: July 1, 2005 - i i;fy l� lam. 1 . This document prepared by: Stephen G. Buller, Esquire KUYKENDALL, JOHNSTON, McKEE & BUTLER, P.L.C. 112 South Cameron Street P. O. Drawer 2047 Winchester, VA 22604 (540) 662-3486 j I i VIRGIM; : FREDERICK COUNTY, SCT• This instrument of writing was Produecd to me om ' TdTiMitce�f!Lc at of aclmowleds bythereto02 of was admitted to record. Ta i.npo' A , and 58.1.801 have been paid, if assessable 4f,,perk e-•t A'44'.t"v CURRENT OWNER: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF: TAX MAP 44 - A PRCL 294 CURRENT ZONING: R REQUESTED REZONI REZONING AREA: /O. N45.00'00"E 140.00' N17. 30'00"W 250.00' BOUNDARY INFORMA7 COMPILED FROM Eh AND DOES NOT REI RUN BOUNDARY SUR THIS SURVEY HAS BENEFIT OF A TITl PLAT MAY NOT INDI1 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. 7 514.20'23"W 6 173.02' M S'33'40"E 145.08' 1 547'00'00"W 179.00' ,00 o ,00 zoo moo +oo U .8 Z L,j W �^' _Z .i � Ag a W �4n =Yu H N F=- Z '6Ozr�< W rNZfn� 0, cr 0 NOz?: 0�0 W� tL 0xzm 04.. 3Y o d w D—ing N—t- 1 45 A' 25F 45 9'3' 1 • . 45 93 3 ILI .g4t'AE20 I 44 A 294 A 294A45 5-2.17 :" i`i 3` 7. f� i COUNTY of FREDERICK o I� is}'` �\, Department of Planning and Development �k d 540/665-5651 FAX: 540/ 665-6395 August 16, 2010 Stephen L. Pettler, Jr., Esquire Harrison & Johnston, PLC PO Box 809 Winchester, Virginia 22604 RE: Jordan Springs Proffer Amendment Process Dear Steve: I am in receipt of your letter dated August 11, 2010 in which you have withdrawn the Jordan Springs proffer amendment application; we have honored your request and closed the proffer amendment file. The request for application withdrawal was addressed in the first sentence of your letter, with the balance of the letter expressing your personal opinions with staff and the process leading to your application withdrawal. I respectfully disagree with your assertions regarding the Planning staff's treatment of your clients and the violations on the property. In fact, staff worked with your clients over the past 14 months in good faith to resolve the zoning use violations on the Jordan Springs property. It was staff's belief that had you not withdrawn the application at the last minute — the proffer amendment was scheduled for action by the Board of Supervisors on the evening that you withdrew the application — the zoning violations would have been resolved had the Board approved the amendment. Unfortunately, your request to withdraw the application has left the zoning violations unabated. I find it troublesome that you would submit correspondence containing inaccurate statements. The Planning staff did not develop the concept of an annual festival permit as you so stated. In fact, this approach was a Board of Supervisor member's suggested course of action, as reflected in the Board meeting minutes of April 14, 2010. The Planning staff did not draft the associated festival permit code amendment, review the submitted festival permit for Jordan Springs, nor offer comment on the Jordan Springs festival permit application as you have so stated. The Planning staff has no direct role in the festival permit process. The development and administration of the festival permit code is the responsibility of the County Administrator's Office. 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-S000 m Page 2 August 16, 2010 Stephen L. Pettler, Jr. RE: Jordan Springs Proffer Amendment Process It appears that you may not be fully appreciating the premise behind zoning - zoning regulates land use. And a land use activity is not permissible unless permitted by the underlying zoning regulations. You assert that the hair salon was permissible based on the language of the "proposed proffer amendment submitted by my (your) clients in May 2010 . You neglected to note that the proffer amendment had not been signed by the property owner nor approved by the Board of Supervisors, yet the proprietor of the salon sought a business license for her operation in June. The hair salon use was not permitted in June when the proprietor sought zoning approval as so stated by Planning staff in the notice of violation. As a representative on rezoning applications in the past, you should be well aware of the Code requirements that a property under consideration for rezoning not be delinquent in its real estate tax payments. Your statement that staff was acting "suo sponte" is once again inaccurate; staff was implementing County Zoning Code which states, Every application for rezoning shall include proof that all property taxes due and payable to the County are paid and that no delinquent taxes are outstanding". Planning staff has spent more than 14 months working with you and your clients to achieve zoning approvals to enable various activities not identified as permitted uses in the original proffered conditions approved by the Board of Supervisors in 2001. 1 was disappointed to read your personal perspective and characterization of the Planning staff's efforts towards assisting your client. Sinc rely, Eric R. Lawrence, AICP Director, Department of Planning and Development cc: Greig Aitken & Tonie Wallace, 1160 Jordan Springs Rd., Stephenson, VA 22656 Board of Supervisors ERL/bad CJ 0 HARRISON &. JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 August 11, 2010 Eric Lawrence, Planning Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettler@harrison•johnston.com Mobile 540.664.5134 In re: Proffer Amendment RZ#06-09;I istoric Jordan Springs; Tax Map Parcels 1/44-294 and 44- A-294A; 10.33 Acres Zoned 132 (Business General) and Historic Area Overlay Zone Eric: I am writing to withdraw, under protest, the above referenced proffer amendment application. This has nothing to do with the payment of real estate taxes— my clients will pay their real estate taxes in full today when they meet with Mr. Orndorff. The issue my clients protest is the process my clients have been forced to endure over the past year of operating their business in a limbo created by planning staff and the zoning administrator. Last year when the County issued a notice of an alleged zoning use violation at Jordan Springs, I communicated my clients' position that the use "Public Building" covered the uses my clients engaged in at the property. You disagreed. Rather- than fight about this, and based on a planned course of action originating fi"om the planning staff, my clients agreed to assist the County in coming up with specified uses for the property which would, in the staffs opinion, cover the uses my clients have undertaken at the property for years now. This was done, at my clients' expense, and reviewed extensively by County planning staff and the County attorney. The proffer amendment was endorsed by the HRAB as a sensible plan to protect the historical integrity of the property, which, I remind you was 11mitari1y placed in an Historic Overlay zoning designation. The proffer amendment was then presented to the Planning Commission and recommended fbi- approval with almost no comment. Things began to change when the Board of Supervisors then commented about their desire to more closely regulate events at Jordan Springs. This resulted in planning staff developing the concept of an annual festival permit to regulate outdoor festivals at the property (which we insisted, and continue to insist, do not occur at the property— there are events held outdoors, but none of which meet the criteria specified in the County ordinance regulating festivals). Again, having gone along with the process thus far, my clients attempted to accommodate the Board's concerns even though the process proposed by the County staff was recognized to be an over -complicated and inappropriate approach. I or E Letter to Eric Lawrence August 11, 2010 Page 2 My clients then expended more costs to participate in the process to amend the festival permit ordinances. At the ordinance amendment meeting it was discussed that my clients would only have to make an annual application for a permit rather than on an event by event basis as the events are not always scheduled far enough in advance to permit case by case review. This was recognized by the County attorney and other participants at the meeting and, despite this, the annual permit ordinance was passed requiring my clients to make an initial application for a single event festival permit as a prerequisite for obtaining an annual permit. Again, my clients attempted to "go along to get along" rather than spend resources pointing out all of the obvious inadequacies and faults with the approach the County was taking to this issue. My clients made their application for a one-time festival permit for an event in September (the next expected event which may— weather permitting— be held outdoors), only to be criticized in their application for not being specific enough about an event which has not yet occurred. Specifically they were criticized for not having an inspection of the tent which will be erected for the event in the future, and wliiclicannot occur in advance. My clients thought they were in a scene fi-onn "Catch-22." At about this same time, my clients were issued a notice of another purported zoning violation because a woman who performs on -site beautician services and who has an arrangement with Jordan Springs where her independently contracted services arc advertised to users of the Jordan Springs property, made application for a business license and used the Jordan Springs address as her place of business in the County. This woman, who we understand provides on -site services all over northern Virginia and D.C., was apparently instructed to use the Jordan Springs address by someone at the Commissioner of Revenue's office since she acknowledged she would (hopefully) be doing business on -site there. The advice apparently provided by the Commissioner of Revenue's office was given without an understanding of the wornan's business or the nature of her relationship with Jordan Springs. Further, as I previously communicated to the staff, the room with the sinks and hair dryers which has been at the property for sonic time is the room which brides are provided to prepare for weddings. It is also used by other performers and users of the facility as a "green room." It is part of the facility, an amenity offered to all users, and to suggest that a "beauty salon" is operated at the property is without any factual basis. What makes the issuance of the second purported zoning violation so peculiar is the fact that tine language of the proposed proffer amendment submitted by my clients in May, 2010 addresses these types of adjunct services at the property and was apjm-oved bj) the Comity attorney. The issuance of the purported violation letter, combined with the staffs nnis-guided attempts to "clarify" whether the use of this property by my clients meets the "Public Building" zoning existing for the property, seem to indicate that the County does not want to assist my clients in their attempt to foster a successful business which will generate the revenues necessary to preserve this unique, historic Letter to Eric Lawrence August 11, 2010 Page 3 property. Rather, the actions of County staff indicate a misguided bureaucracy. My clients have repeatedly agreed to the increasingly misdirected proposals from staff. My clients feel as if they have given in to each demand/suggestion from staff, only to then be presented with a request for more concession— and then more concessions. This is an almost comical stereotype of bureaucrats run amok— comic except when it happens to you. The culmination of issues for my clients occurred over the last few weeks. Immediately upon receipt of the notice about the beauty salon, I comnlUmcated with planning Staff. To date, I have not received a response to my communication or a telephone call, as requested, to discuss the matter. Further, the comments received to the outdoor festival permit Submitted by my clients were immediately followed -up by my clients. They contacted the health department and fire marshall to discuss the issues raised in the County attorney's comments submitted by planning staff in response to the application. It is my understanding that the health department and fire marshall did not know what to make of the staffs comments although the comments suggested the participation of the departments were to be integral to the permit process. We discussed this at the ordinance amendment meeting— how the departments would know what was going on— and I was told all the departments would be doing is be made aware that the event was occurring in order to be prepared to respond to issues that may arise as a result of the event. It seems the departments do not care to know even this. The issue of the unpaid real estate taxes also complicated matters, but the issue is moot given my clients payment— another hardship endured in the limbo of zoning use created by an idle planning staff acting sum sponte and without receiving any complaint from anyone about the propriety of the use of the property vrs a vis its zoning designation. For all these reasons my clients have re-evaluated their decision to help the staff"clarify" the zoning uses permitted at Jordan Springs. In light of the process so far, the fact that the property is zoned for use as a Public Building, and the fact that Belle Grove engages in the same sorts of uses at its location in Frederick County, my clients have decided to stick with their original position that their use of the property complies with its zoning. As such, no proffer amendment is required and the application is withdrawn. It is unfortunate that what started out as a "fi-iendly" proffer amendment instigated by staff has now lead to over one (1) year of proceedings and tens of thousands of dollars in expenses incurred by my clients. This process should be a lesson to everyone involved about the where the undirected energies of bureaucrats can lead. • Letter to Eric Lawrence August 11, 2010 Page 4 Please feel fi-ee to contact me with any questions or comments. I am Very truly yours, As// Stephen L. Seller, Jr. Stephen L. Pettler, Jr. SLP/sp cc: Board of Supervisors (via email) Clients (via email) 0 HARRISON & OFINSTON� PLC 21 South Lou doun Strrrt %Vinchcster, Virginia 22601 P.O. BON 809 Winchc,cer, Virginia 22604 Telephone 5,10.667.1266 July 14, 2010 Eric Lawrence, Planning Director County of hrederick Department of Planning and Development 107 North Kent Strcet Winchester, Virginia 22601 Stephen L. Pctticr, Jr. facsimile 5,10.607.1312 pctticr(f?harrisornjohnston.com Muhilc 540.664.5134 i JUL 1 L_ 4 2010 In re: Proffer Amendment RZ1106-09•I-Iistoric Iordan Springs,• Tax Mats Parcels 1144-294 and 44-A-294A• 10.33 Acres Zonccl B2 (Business General) and Historic Area Ovcrlay %one l nclosecl please Find an Amended Proffer Statement in the above-refcrencecl matter. Please contact me \vlth any questions or concerns. With kind regards, I am Very rul} y urs Step l n I Pctticr, . SLP , p Attachment cc: Clients 1J COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 August 7, 2009 Ms. Toni Wallace Historic Jordan Springs 1160 Jordan Springs Road Stephenson, Virginia 22656 RE: Special Event Uses at the Jordan Springs Property Property Identification Number (PIN): 44-A-294 1160 Jordan Springs Road Zoned: B2 with proffers / Historic Area Overlay Dear Ms. Wallace: As a follow-up to our discussions and correspondence in early June regarding the use of the Jordan Springs property for special events, the Planning Department staff has communicated with the Virginia Department of Transportation (VDOT). Our discussions with VDOT indicate that the potential transportation modifications necessitated by the special events on the site might include the widening of the Jordan Springs entrance to allow for use by larger vehicles such as limousines. There would not be off -site transportation impacts to be mitigated as a result of the proffer amendment to enable the Special Events. Presuming that you do intend to continue to host special events on this property, resolution of the zoning violation is necessary. Therefore, as noted previously, it is expected that you will make application by September 1, 2009, for a proffer amendment, or other means you might wish to pursue, to facilitate the Special Events as a permitted use on the property. I am available should you have questions. Since r ly, Eric R. Lawrence, AICP Director, Department of Planning and Development cc: John R. Riley, Jr., County Administrator Lloyd Ingram, VDOT- Edinburg Residency Paige Manuel 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 A Eric Lawrence From: Steve Pettler [pettler@harrison-johnston.com] Sent: Friday, August 20, 2010 1:08 PM To: rshickle@shentel.net; cdehaven@crosslink.net; Eric Lawrence; garydove4@comcast.net; gary@garylofton.org; chris@collins4redbud.com; gfisher@visuallink.com; supervisorewing@yahoo.com Cc: Maureen Grillo Subject: RE: Proffer Amendment RZ#06-09;Historic Jordan Springs; Tax Map Parcels #44-294 and 44- A-294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Attachments: Letter 100820 to Eric Lawrence .pdf Please see the attached letter. Stephen L. Pettler, Jr. FIARRISON & JOHNSTON, PLC 21 South LOUdOun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-snail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. From: Steve Pettler Sent: Wednesday, August 11, 2010 12:16 PM To: Richard Shickle (rshickle@shentel.net); cdehaven@crosslink.net; elawrenc@co.frederick.va.us; garydove4@comcast.net; gary@garylofton.org; chris@collins4redbud.com; Gene E. Fisher (gfisher@visuallink.com); Bill M. Ewing (supervisorewing@yahoo.com) Cc: Maureen Grillo Subject: Proffer Amendment RZ#06-09;Historic Jordan Springs; Tax Map Parcels #44-294 and 44-A-294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Please see the attached correspondence. HARRISON & JOHN5TON9 PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 August 20, 2010 VIA EMAIL Eric Lawrence, Planning Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettler@harrison•johnston.com Mobile 540.664.5134 In re: Proffer Amendment RZ#06-09;Historic Jordan Springs; Tax Map Parcels #44-294 and 44-A-294A; 10.33 Acres Zoned 132 (Business General) and Historic Area Overlay Zone Eric: This letter is in response to your August 12, 2010 letter. My letter of August 11, 2010 does not contain inaccurate statements. It accurately reflects my client's experience with the Planning Department staff. You will recall that in late April (I believe April 29, but my calendar is unclear), after the April 14 hearing before the Board of Supervisors, my clients and I met with you, Jay Tibbs, Mark Cheran and Chuck DeHaven at your offices. Most of the discussion involved issues relating to how an annual festival permit scheme could be structured in conjunction with my clients' proposed proffer amendment. h3 my mind, planning staff most certainly participated in "developing the concept of an annual festival permit to regulate outdoor festivals at the property" as stated in my August 1 1°i letter. I suggest you confer with Mr. DeHaven to confirm his recollection of our discussions at that time. I also note that Mr. Tibbs attended both the April meeting and the Ordinance Review Committee meeting on June 16, 2010. Further, I and my clients do fully appreciate the premise behind zoning. The property is zoned to allow it to be used for "public buildings." Your staff has candidly admitted that they are unclear about what such a use includes or circumscribes. If Historic Jordan Springs does not constitute a "public building"— it is open to anyone in the general public for use for a fee— then the term must be completely meaningless. Perhaps you mean to suggest that the County adopted a completely meaningless ordinance when it amended the zoning at the property and expressly permitted this use in 2001. I do not believe this is the case. Additionally, nowhere in my August I I" letter do I suggest "that the hair salon was permissible based on the language of the "proposed proffer amendment submitted by my 6,our) clients in May 2010." What I stated was, there is no hair salon at the property. It appears that your staff is suggesting that a property owner cannot even have such things as hair dryers and sinks in a room or t Letter to Mr. Lawrence, August 20, 2010 Page 2 else it will be considered to be a salon. If someone has a massage chair at their business premises and lets people use it, does that mean they are running a massage parlor? The point of my letter- in this regard was that my clients diligently complied with request after request from the staff. The proffer amendment proposed was intended to address all of the concerns staff had raised, no matter how farfetched my clients thought they were, and to address all ancillary issues that might arise in the future. That was why, after our discussions as a group, the language in the proposed proffer amendment— which was signed by my clients and delivered to you in July unchanged from the draft live circulated for discussion in May— included the catch-all "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." For staff to have endorsed this language after consultation with the County Attorney, and then write up my clients for an alleged violation which fits within that term indicated to my clients that the staff was not Nvorking toward a fi-iendly clarification of an ambiguous zoning classification. This circumstance was particularly irksome because there is no beauty salon being operated at the property. The timing of the alleged violation proximate to the hearing on the rezoning application and staffs failure to respond to nQ, requests to d[scuss it gave my clients a great sense of unease. I note you do not address the fact staff failed to respond to my request to discuss this matter in your correspondence. Finally, you misread my letter when you suggest I objected to the planning staff acting sua sponte when the issue of the tax payments was raised. The tax issue was, as I stated, was moot. The sua sponte act to which I referenced was the decision to declare a zoning violation at Jordan Springs in the first place, without any outside instigation or any complaints to staff about improper uses at the property. I had been told in the past that staff only investigates use violations after receiving complaints. Apparently this was not the case with regard to my clients. My clients are not in violation of any zoning limitation at the property. I hope the County will allow them to continue to make a go of their operations at Jordan Springs and their commitment to preserve its historic character. Please contact me if you have anything further you wish to address regarding my clients. I am Very truly yours, //s&Stephen L. Leffler, Jr. Stephen L. Pettler, Jr. SLP/sp cc: Clients Members of the Board of Supervisors 9 • ,Eric Lawrence From: Eric Lawrence Sent: Friday, October 02, 2009 1:13 PM To: 'Steve Pettler'; Mark Cheran Cc: Tonie Wallace Subject: RE: Jordan Springs Rezoning - Proffer Amendment Hi Steve. Thank you for the opportunity to review the draft proffer statement. I would offer three comments, followed with a potential resolution. First, the original proffers for the site were made and dated December 11, 2001; the rezoning application and associated proffer statement was approved by the Board of Supervisors December 12, 2001. It is suggested that the dates in the preamble be clarified. Second, the additional permitted uses are consistent with our discussions last week (9/25/09). Third, I forwarded the draft proffer to the County Attorney — Rod Williams- so that he could review the legal form of the proffers. Mr. Williams believes that the drafted amendment language may be somewhat cumbersome, more so than necessary. A suggested resolution to clarify the permitted uses on the property is to simply restate the original proffer statement, pertaining to the permitted uses, and include the four additional uses in the list. See suggestion below. Let me know if additional discussion is warranted. If you are comfortable with the above comments, please incorporate the comments and execute the proffer statement. One the proffer is executed, submit it to me so that we might complete the proffer amendment application package. ...based on our 9/25/09 discussion, we'll take the revised, executed proffer to the HRAB on November 17 to seek their comment/endorsement on the proffer as well as a parking strategy. Thanks -Eric DRAFTED AMENDMENT AS PROVIDED TO THE COUNTY The Applicant hereby proffers as follows: In addition to the uses proffered on December 12, 2009, the Applicant also proffers to limit the use of the Property within the Historic Area Overlay Zone to following uses: (1) Museums; (2) Eating and drinking places; (3) Exposition operations; and (4) Theatrical Producers and Miscellaneous Theatrical Services. SUGGESTED LANGUAGE TO IMPROVE EASE OF INTERPRETATION The applicant hereby proffers as follows: 0 Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services From: Steve Pettler [mailto:pettler@harrison-johnston.com] Sent: Tuesday, September 29, 2009 4:58 PM To: Eric Lawrence; Mark Cheran Cc: Tonie Wallace Subject: Jordan Springs Rezoning - Proffer Amendment Gentlemen: Attached please find the revised proposed proffer amendment per the discussions we had on September 25, 2009. Please review and comment before I submit to my clients for execution. I believe this comports with the uses we discussed and which were referenced in the SIC manual we reviewed at our meeting. I look forward to your comments. Stephen L. Pettler, Jr. HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are Nvaived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. 9 0 Eric Lawrence From: Steve Pettler [pettler@harrison-johnston.com] Sent: Tuesday, September 29, 2009 4:58 PM To: Eric Lawrence; Mark Cheran Cc: Tonie Wallace Subject: Jordan Springs Rezoning - Proffer Amendment Attachments: Proffer Statement SLP090929.doc Gentlemen: Attached please find the revised proposed proffer amendment per the discussions we had on September 25, 2009. Please review and comment before I submit to my clients for execution. I believe this comports with the uses we discussed and which were referenced in the SIC manual we reviewed at our meeting. I look forward to your comments. Stephen L. Pettler, Jr. HARRISON & JOI-INSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#09- PROPERTY: Historic Jordan Springs Tax Map Parcels # 44-A-294 and 44-A-294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Grieg D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Grieg D. W. Aitken and Tonic M. Wallace, husband and wife PROFFER DATE: September 29, 2009 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 12, 2001 per that certain Ordinance Amending The Rezoning District Map, Rezoning#10-01 of Jordan Springs dated Decemberl2, 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 the Frederick County Board of Supervisors' ("Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision 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: In addition to the uses proffered on December 12, 2009, the Applicant also proffers to limit the use of the Property within the Historic Area Overlay Zone to following uses: (1) Museums; (2) Eating and drinking places; (3) Exposition operations; and (4) Theatrical Producers and Miscellaneous Theatrical Services. Respectfully submitted this clay of 2009, [SIGNATURES ON FOLLOWING PAGE] GRICG I). W. AITKEN TONIC M. WALLACE STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of September, 2009, by Grieg D. W. Aitken. NOTARY PUBLIC Registration No.: _ My commission expires: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of September, 2009, by Tonie M. Wallace. NOTARY PUBLIC Registration No.: My commission expires: 2 i Circa 1600 Historic ordan Springs Event & Cultural Centre September 15, 2009 Ms. Candace Perkins I-IRAB, Staff Contact 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 RE: Historic Jordan Springs Dear Ms. Perkins: 0 116o Jordan Springs Road Stephenson, VA 22656 Thank you for the opportunity to present the attached information regarding our distinct property, Historic Jordan Springs. We submit this for your review and to give you a sense of how precious this property really is to us and the County. We are excited about our future and respectfully submit our request to amend our proffer for your consideration, but did not want to do so without your having a true sense of our history. I cannot emphasize enough how seriously we take the responsibility of caring for what we believe is the `diamond' of Frederick County and the Commonwealth of Virginia. When we first purchased the property in 2001, we had an idea of the importance of the property and placed the first and only historic overlay in the Commonwealth of Virginia. Now that we have had the distinct honor of owning Historic Jordan Springs for eight years, we have really come to an even more passionate position. The improvements have been extensive, not to mention costly, but we know that everything we have done is the right thing to preserve our history. We do have a general confusion as to the objectives of the proffer amendment and realize the awesome responsibility of the necessary language for an ordinance governing historic properties, and, therefore, we would ask that this matter be tabled while we work through all of that, but more to allow time for the entire Board to plan a site visit to the property to realize the true sense of the importance of why we request a non-conformance exemption. We are truly grateful to get before the I-IRAB because we are confident you will clearly understand why we are so very passionate about our property and the importance of protecting it. Thank you for your consideration of our request for more time while we work through the language and the vision for Historic Jordan Springs. Respectfully, Greig D. W. Aitken and Tonic M. Wallace Aitken GDWA/TMWA:Im Formerly Historic Jordan Springs Hotel and Tonie M. Wallace -Aitken, Monastery of the Missionary servants of the President and CEO Most holy Trinity TonieWallace@HistoricJordanSprings.com 540.667.7744 ti,ti,w.HistoricJordanSprings.colrl g77. 37- 313 • 0 Memorandum To: Candice Perkins, Senior Planner, Frederick County From: Richard Bell, President, Preservation of Historic Winchester (PHW) Date: 14 September 2009 Re: Historic Overlay (HA) Zone As you meet with the Historic Resources Advisory Board I would like to offer the following in support of your efforts: Preservation of Historic Winchester (PI-IW) is a mcrnbcrship advocacy organization that .'exists for the purpose of safeguarding the heritage of the Winchester and Frederick County community and for assuring a quality of life for tomorrow represented by the best of the area's past. To the end that this goal may be encouraged among the people, and the charm of their community maintained and improved, this organization shall, through a program of education, enlist support for and participate in the preservation, restoration and ownership of sites, buildings, structures, and objects significant to the cultural, social, political, economic, and architectural history of the Winchester, Virginia area." This is directly from the Mission Statement of the organization. The purpose of this letter is to lend our support in your efforts to further define and refine the county Historic Area Overlay Zone (HA). This is clearly within the mission of our organization. PHW is often viewed as synonymous with the City of Winchester historic district or the Board of Architectural Review (BAR) that is appointed by Winchester city council to administer their local historic district. While we may have similar goals relative to Winchester's very specific local historic district our vision is more global in scope. One of the biggest challenges of our organization is in addressing the misleading and poorly characterized information that is circulated about preservation efforts in general. Recent articles and editorials in the local press about the Winchester BAR as well as the potential of establishing an historic district in Middletown clearly show the need for our continued education and advocacy for preservation issues. The efforts of preservation through zoning are no different than the underlying principal of zoning itself, a generally accepted norm, and not unlike the requirements of other community oversight tools such as uniform building codes, fire and life safety codes, site planning and transportation design guidelines and the many other layers of community level management. This is where the larger community establishes what is important, requiring oversight and some level of regulation. Those who will most strongly resist oversight or the establishment of an historic district would also resist the other layers of community management already in place and generally well accepted for the overall well-being. Your efforts can establish an overarching philosophy of what is important and necessary for the protection of our community resources for generations to come. While as individuals we may be all well intentioned it is not reasonable to expect that we will all make decisions that are best for the community at large. It is human nature to think of self first particularly when it comes to major commitments of personal resources (our time and money); primarily with our investment in our real property (our buildings). In our community, with existing efforts to manage safety, access and efficiency of our community infrastructure, it is reasonable to expect that we should also manage our aesthetic and our cultural 0 • resources. They are not only a representation of a community's identity but also have a large positive impact on an area's economy and are the foundation of our distinctiveness. Just as the City of Winchester is actively evaluating its historic district guidelines Middletown is determining what is important and worth protecting under its own unique sensibility. Each community has the right and the responsibility to evaluate and enact protection of what it feels is important. Preservation efforts help to focus a community to avoid reactionary changes or approaches where community resources can be permanently lost. Most who drive through Middletown will agree there is a charm and character that is economically attractive and worth preserving. It is only through introspection and dialogue that a community can identify what is the basis of that charm and the strength of that character. We encourage this active dialogue and offer our resources in their efforts to preserve what is important. Building codes have been around for but a century and zoning has only existed since the 1920s yet these are considered as normal and customary means of community management. Preservation efforts in the U.S. have been around for just as long and even longer and yet have a much harder time being accepted. The challenges in establishing a community preservation effort are in the details. The establishment of design guidelines, as well as organizational policies and procedures will lead to the greatest success of this community management tool. These should help to guide property owners through the process of property repairs and maintenance, additions to existing buildings as well as total rehabilitation projects and even new construction so as to be sympathetic to the established aesthetic. A community aesthetic can disintegrate quickly or over a period of years but once it is clearly damaged by inappropriate efforts it is difficult, if not impossible to regain. The Historic Resources Advisory Board is established to be that voice of the greater community. PHW is a resource to the Winchester and Frederick county community in efforts to preserve and maintain our area cultural resources and our community aesthetic. We support economic development through such efforts and offer resources to assist in making educated and appropriate decisions for a well managed community. We have too much at stake to allow the further erosion of our cultural foundation. • 0 Eric Lawrence From: Tonie Wallace [TonieWallace@advlegaitecli.com] Sent: Thursday, September 10, 2009 1:50 PM To: Eric Lawrence; Steve Pettler Cc: greigaitken@historicjordansprings.com Subject: RE: FYI- HRAB September 15, 2009 Meeting Hi Eric, Thank you for the information and all your guidance. Please know that we will be present for the meeting and I am presently working on packets to provide the Board. I look forward to seeing you and working with you. Regards, Tonie Tonic M. Wallace, Owner, CEO, RPR, CCR, CME Historic .Jordan Springs, LLC. 1160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX N\,v,N<y.I-IlstoricJoi'dailSpl'll)gs.coiii 17 onleWallaceQ171S1o1'1ciordansprings.corn Please visit our Websites to learn more about our services and products: Nar\ar`v.acivle�—jaltecli.com www.syncvideo.com www.courtreportin�,,constiltants.coni www.countycoui-tl'epoi'tei's.coiiI xNrNNr\N,.i-el)oi-tei,sgroLiD.coiii wwNv.inarylandreportin9.coin This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at Historic Jordan Springs, 1160 Jordan Springs Road, Stephenson, VA 22656 via U.S. Postal Service. THANK YOU. From: Eric Lawrence [mailt• wrenc@co.frederick.va.us] • Sent: Thursday, September 10, 2009 12:07 PM To: Steve Pettler; Tonie Wallace Subject: FYI- HRAB September 15, 2009 Meeting Hi Tonie and Steve. Attached is the agenda for the HRAB meeting on Tuesday, September 15`h. We hope to use the meeting to capture a supportive comment for the proffer amendment, as well as work towards establishing parking standards that might be more appropriate for historic properties. We trust you will participate in the meeting and offer input on both issues. Thanks. -Eric • 0 Eric Lawrence From: Eric Lawrence Sent: Wednesday, September 02, 2009 1:05 PM To: 'Steve Pettler'; Tonie Wallace -Aitken; Greig Aitken Subject: Jordan Springs proffer amendment Hello Steve - I did receive the proffer amendment application yesterday, September 1, 2009, for Jordan Springs — this submission was necessitated to remedy a zoning violation on the property which involved various special event activities that were not permitted by the property's current proffer statement. A few items do still need to be submitted as part of this application, and should be provided to the Planning Department no later than September 15, 2009 so that we can deem the proffer revision application submission complete. These remaining items include: A statement verifying that taxes have been paid for the property. Via voicemail, you indicated that the property owner had paid their taxes and that the property was in good standing, and that the owner would be submitting the receipt to me, As of the writing of this e-mail, I've not received the taxes paid receipt. A revised proffer statement, appropriately executed by the property owner and notarized. This could be accomplished by restating the previously approved proffers (circa 2001) and adding the proposed use revisions. This proffer statement must comply with applicable legal format requirements, and gain the County Attorney's approval regarding format. A survey/plat depicting the parcel to which the revised proffer statement would apply. (The existing proffer statement applies to only a 10-acre portion of the entire 220-plus acre Jordan Spring property holding. The plat submitted on September 1, 2009 depicts the entire 220- plus acre parcel.) I would also note that the County's Historic Resources Advisory Board (HRAB) will provide an agency review of the revised proffer statement request at their September 15, 2009 meeting. It is expected that a representative of Jordan Springs be present during the HRAB meeting to address any concerns, and gain the support, of the HRAB. As previously noted in correspondence to Tonie Wallace, the HRAB will be considering draft design guidelines applicable to properties located in the Historic Area Overlay (which would apply to the 10-acre historic Jordan Springs site). These guidelines are intend to accommodate site improvements, but under standards that are more appropriate for historic properties. A good example of one aspect of the design guidelines might be a parking area surface requirement other than bituminous concrete (asphalt). The HRAB will be discussing the draft guidelines during their September 15, 2009 meeting, and encourage Jordan Springs' participation. Please contact me should you have questions. Thank you. Eric Lawrence Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o)co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us Eric Lawrence From: Eric Lawrence Sent: Thursday, August 27, 2009 12:13 PM To: 'Steve Pettler'; Tonie Wallace -Aitken Cc: Mark Cheran Subject: Jordan Springs Steve - Per our telephone conversation earlier today regarding the special event activities at Jordan Springs, and the proper course to remedy the violations of the proffer: I've spoken to Mark Cheran regarding what a "Public Building" is. Mark stated that public buildings are government utilized buildings such as fire stations, animal shelters, general government offices, etc. Based on my understanding of what Tonie would like to see at Jordan Springs (weddings, concerts and performances, holiday gatherings, and other special events), I would suggest that these special event uses could be accommodated in Restaurants, SIC 58; Theatrical Productions, SIC 7922; and Hotels, SIC 70 should the facility ever seeks to accommodate overnight guests. Securing a revised proffer to enable Restaurants and the Theatrical Productions is necessary to bring the site into compliance with the proffer. It is also worthy to note that parking to accommodate these uses is required. As I mentioned to Tonie, the HRAB is prepared to draft parking lot/surface guidelines for the Historical Areas Overlay District, in which Jordan Springs is located. I would encourage the Jordan Springs representatives, following the filing of the proffer amendment by Sept 1, to submit a letter requesting any specific parking lot standards that might be appropriate for historic sites such as Jordan Springs. The HRAB could work to incorporate such standards into a code amendment during their September 15th meeting. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o-)co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us • • REZONING RE, QUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Pagel of 2 Prelimina][y 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 910-01 for the rezoning of 10.33 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: 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 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business u es _� „h1 �Ov 0 ��� ��dwiv.1 • • PIE ZONING RE, QUEST PROFFER Property Mejnti#ication Number 44-((A))--294 Stonewall Magisterial District Page 2 of 2 Signa;e Limit the allowed business sign to one sign. The sign shall be of monument -type coastruction and limited to fifty (50) square feet in size or a placard - Off -site Improvements to Lagoon Sewerage System Pond Provide security -type fencing along the parameter of the lagoon sewerage system pond that services the 10.33 (+/-) acres. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER IYlissionary Servants of the Most Holy Trinity By: (Signature) (Print name) Jordan Baxter, S. T. Date: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of December 2001 by: My Commission expires: Notary Public: Prrperty identification Pr?- ! or PreliminaUjL=jj Ptirsila , to 3�,;'ien- 15.2-27r•5 saZ . o! .be cude ofVirg.nic. I?50, as amended, and the p-,isions of the Frederick County Zoning Ordinance with respect to conditional zoning, the under:..;::_.: _: --: ,^' _`,, 'Jffm that in the event the Board of Supervisors of Frederick C.o+m!v. V itai,ud, K,.iali dppio'.e Rrzoning f.pp:ic ;:.: ;;:1� C'. fir thj--=ninb o 10.33 (+l••; Y—. ' q ftorr Y—kl �r-x BRA . Lnn.ne 013trici 10 iivayl,css v�uc,-rl (3-2; Zoning Vi:wict � " �i: �.-= (HA) Overlay "lone. DcYcicpmenc of the svb1tct FrapC--ty Shull be done in cor enmity with the terms and conditions set forth herein, cxccpt to the extent that such •erns ana tnnd,t ons may be subsequently a-nes-e� or revised by the applicant and such by the Frtderick County Board of ' uUpervisors in accordance witty Virginia law. In the eNcnt '.hat such rezoning is not granted, then these proffc:s shall be deemed v,;,ha. ati u :.,d have no effect wha:soever. The undersigned, that owns the above described property, nereby voluntarily proffers that if the Bo£:•' r�f r,:r-- :�c rs fir the C cnt;r rf c-r---icy pprovcs the rezoning fo- t"e 10.33 ! *' 1.res thew.'.. Transpoe-.L:d + .�-. `.l r.ff'•• :.4:— .,nd gi '' sis s: t1G si]-, nlartuing stage in accordance with the Virginia Department of Transportation (VDOT) standards. P OV CiC UeC=Ssi'V rigrll JI wA� d'IJUr itiJU�L :: :�u ro�u! :.l:rn:v_:n:.: i:�_ VDOT. Eitu auccs si,all bV iitiit.li W tv. a k'2) ;,: r1.:1 CC:.:i cr.t:.Lccs onto. I' `.44 All eat-a-:ces shall be constricted in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses REZONfi G REQUEST PROFFER ,iui: tac allowed business sign to one sign_ The sign °ball be of monw:umt-tvoe c-)nsz action and Limited to L:r/ (50) sq;zre fset :_1 F::; o:- s ��3Ca• �. ' `F;•-=r-.T�rrZy�menOs to i,:c�y� '' t,�+►rr�� � .un P�ts3 s, tw:ty-tyre fencing along the paramewr -) .he pord tiW irsvices the 10.33 (+/-) acres. T't-- =d:-ti:.ns pt^f-Feed &nvr shall be birWinQ upon the heirs, czeculm-s, admini3U-,nora, ir. intrrcrt of the App?icant and Ow=. in tba ev=i tha Frederick I ELi; of 5upervisars_ grant said rezoning and accepts these conditions-, the +►^ 'C'� ^ �li�'�'T`5 sh?Il :� _ , T.'' i;:::'. !� �,'` On to othcT rcqulrexneots set hrf'• --_ -+r F—derl':'.]l. rf-Tmty - PROPERTY OWNER Mi;teOnaPy S-ti-vants e; the lMoit Holy ; : ia;ty STATE OF M. kRYLAND, Ai LARL; E MON"fG NaQLY COUNTY, TcrwiL The foregoing instrument was acknowledged before me Obis 11 th day of pecembe r, 2001. PlIV l C'MmIssion ttAIj4C-i: JIIl Normy Public: Revised I?ASaOQI pa Frederick Coxmry S and plawffinh f-0-IM SWOU wuu��uua TJTrL P. Q3 • Eric Lawrence From: Historic Jordan Springs [newsletter@historicjordansprings.coln] Sent: Monday, August 31, 2009 3:49 PM To: Eric Lawrence Subject: Historic Jordan Springs Ballroom Dancing Classes start this Thursday! Historic Jordan Springs 540* 667* 7744 Event &z Cultural Centre-rvtinv..9fisioric,7ordanSprings.com If you wish to be removed from our mailing list, please click here . In order for us to promptly process your request, please do not change the subject of the email. Eric Lawrence From: Historic Jordan Springs [newsletter@historicjordansprings.com] Sent: Tuesday, August 25, 2009 4:58 PM To: Eric Lawrence Subject: Paranormal Dinner & Investigation -This Saturday at Historic Jordan Springs M C Dinner and a Paranormal Experience PART 8 P1 6:30PM PARANORMAL, INVESTIGATION 6:30 Pm - 7:00 Pill 7 Pm - 8:15 Inn 8:15Pin -9:00pin 9:oo pin - moo pn1 11:oo pm - 11:30 Pm 11:30Pin -1:3oam 1:3o and - 2:oo ant Attire: Casual Bar Ser«ce: Cash Bar Registration Form Cocktail Reception in Pub Dinner in Carriage House Presentation of Evidence First Leg of Investigation Debriefing Second Leg of Investigation Debriefing DINNER MENU Read The Star Article Listen to SV Radio Pod Cast Visit the Investigators Website 1 ' Slow Roasted Beef Brisket with Barbeque Sauce Grilled Chicken with Corn Salsa Cole Slaw Roasted Seasonal Vegetables Fresh Garden Salad with Local Tomatoes Fresh Baked Rolls Chefs Choice of Signature Dessert Prepaid Reservations Required Tickets: 540.667.7744 or 877.837.8313 • $60.00 per person - 2 hour Investigation > - $90.00 per person - 4 hour Investigation *Ticket prices do not include tax or gratutf PARTS 1, 2, 3, 4, S, 6 and 7 sold out, so don't miss this chance to be a part of the actual investigation in PART 8! Cocktail Reception begins at 6:301)m, followed by Dinner and Presentation on the findings from Investigation PART 6. Investigators will discuss their authentic evidence of the paranormal activity at Historic Jordan Springs and invite you on actual investigations. This Investigation is another in the year long investigation seeking genuine evidence insuring that it is legitimate, researched and analyzed before presenting it in a filmed documentary and book for the general public. This is the first of its kind. Ticket Prices include Dinner, Presentation & Investigation. If you Nvish to be removed from our mailing list, please click here. In order for us to promptly process your request, please do not change the subject of the email. • 0 Eric Lawrence From: Historic Jordan Springs [newsletter@historicjordansprings.comj Sent: Monday, August 17, 2009 1:42 PM To: Eric Lawrence Subject: Only 5 More Days Until the Nephew of Actor Jack Palance- Nick Palance- is in Concert! CIRCA 1600 Historic Jordan Springs Event & Cultural Centre There is still time to get tickets to see Nick Palance Live in Concert! Choose from Concert Only, Concert & Dinner, or Concert, Dinner & Paired Wines ticket levels. Get your tickets now while there are still seats available! Reserve your tickets today! Title Sponsor Three Fox Vineyards Fea THREE FOX although every effort is made to ensure the accuracy of descriptions, advertisements, services hired, and othe provisions made by Historic Jordan Springs, occasions may arise in which it shall be necessary to substitute, alter, or othemise change events and other services provided by I- Iistoric.Jordan Springs. As such, the company reserves the right to cancel, limit, or substitute for an item or service equal to or of greater value than that purchased as deemed necessary by Historic Jordan Springs. All tickets shall be non-refundable, non -transferable, and offer no cash value unless previously arranged, in writing, by Historic.Jordan Springs. If you wish to be removed from our mailing list, please click here . In order for us to promptly process your request, please do not change the subject of the email. Eric Lawrence From: Paige Manuel [hpm@visuallink.com] Sent: Monday, August 10, 2009 2:39 PM To: Eric Lawrence Cc: Tonie Wallace -Aitken; Mark Smith; Greig Aitken Subject: Historic Jordan Springs Eric, I received a copy of your letter dated August 7 which was written to Tonie Wallace. Would you please have someone assemble all the paperwork, applications and so on required to make the proffer amendment to enable Historic Jordan Springs to have "Special Events " as an approved use. Tonie advised me that there have been continuous "special events" held continually at Historic Jordan Springs since the Catawba Indians held annually where they sought the healing white sulphur springs. The Catawba Indians held sacred ceremonies throughout the year. The springs were guarded year-round. Please see www.historiciordansprings.com. Please click on on "HISTORY". If you will leave the forms at the Planning and Development front desk, I will pick them up tomorrow, and return the completed application to you by Friday, August 14. QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements ? Secondly, do you see a flared 90-degree opening as being one of the components of the required improvements ? Do you see curb and guttering and pavement as being components of required improvements ? I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Thank you for your help. l;0iil Paige Manuel Associate Broker DAB COMMERCIAL REALTY, INC. Commercial Real Estate Services 440 W. Jubal Early Drive, Suite 100 Winchester, Virginia 22601 Telephone: (540)667-9794 Mobile: (540)247-4974 Facsimile: (540)667-4432 E-Mail: hpm(a-)visuallink.com Website: www.dabcommercialrealty.com This e-mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is confidential. Please be aware that this e-mail (including any attachments) may contain attorney - client materials or attorney work product, legally privileged and protected from disclosure. If you are not the intended recipient, any disclosure, copying, distribution or use of this e-mail or any attachments is strictly prohibited. If you have received this e-mail in error, please notify Paige Manuel immediately by returning the e- mail (and any attachments) to him and delete this copy from your system. Thank you for your cooperation. r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 12, 2009 Toni Wallace Historic Jordan Springs 1160 Jordan Springs Road Stephenson, Virginia 22656 RE: Special Event Uses at the Jordan Springs property Property Identification Number (PIN): 44-A-294 1160 Jordan Springs Road Zoned: B2 with proffers / Historic Area Overlay Dear Ms. Wallace: I appreciated the opportunity to meet with you June 2, 2009, to discuss your use of the Jordan Springs property for special events. I trust those of us at the meeting; including you, Paige Manuel, John Trenary, Mark Cheran, and me, collectively have a better understanding of your envisioned use of the historic property for special events, and the associated County building code and zoning requirements. This letter is offered as a summary of our discussions, and as further clarification regarding the steps necessary to bring the property into conformance with the zoning ordinance. The site is a beautiful property, and whether an event is held inside the site's historic structure or within a temporary tent, it is important to maintain compliance with the applicable county codes. John Trenary has informed me that the building code concerns associated with the temporary tent have been addressed, and that a 180 day temporary tent permit has been issued (tent permit to expire December 15, 2009 per building permit #642-09). Confirming adherence with the building code addresses an important safety component. As we discussed, the actual use of the property for special events — whether it be within the existing historic structure or outside on the grounds of the property — is in violation of the proffered conditions associated with the property's B2 zoning (Rezoning Application # 10-01 ), approved by the County on December 12, 2001. The proffered conditions identified the permitted uses; special events facilities were not included in the list of permitted uses. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 /000 V n U Page 2 June 12, 2009 Ms. Toni Wallace RE: Special Event Uses at the Jordan Springs property The zoning violation could be alleviated upon successful completion of the following three development steps: Securing a proffer amendment, approved by the Board of Supervisors, which includes special events as a permitted use on the property; 2 Securing an approved site plan, a key component of which addresses parking area(s) location and design adequate to accommodate the anticipated capacity of a special event; and 3 Implementation of the site plan identified improvements. Two potential hurdles to the process might be achieving compliance with any Virginia Department of Transportation (VDOT) requirements pertaining to the site entrance onto Jordan Spring Road, and the ordinance requirements for parking to accommodate your special event guests. I would encourage you to consider establishing a maximum number of guests allowed as part of a special event; such a limitation may be of assistance in determining if any/or the degree of entrance improvements that may be necessary to satisfy transportation safety. Staff has initiated communication with VDOT to assist in gaining an understanding of the potential entrance and road requirements. I had hoped to include our findings in this letter, but have not yet completed our discussions with VDOT. Once we receive finalize our discussions with VDOT, we will convey this information to you. Additionally, in recognition of the property's history, and its inclusion in the Historic Area Overlay District, it may be appropriate to consider an amendment to the County Code pertaining to parking lot material standards. With a letter from you requesting a revision to the parking material standards, the County is prepared to initiate an ordinance amendment that would enable a parking material more complementary of a historic setting. As we discussed, parking areas constructed of pea gravel and grass pave may be more appropriate and compatible with the historic character of properties within the HA Overlay District, such as Jordan Springs. Presuming that you do intend to continue to host special events on this property, resolution of the zoning violation is necessary. Therefore, it is expected that you will make application by September 1, 2009 for a proffer amendment, or other means you might wish to pursue, to facilitate the Special Events as a permitted use on the property. Following an approved proffer amendment, it is expected the site plan and associated constructed improvements be implemented by June 1, 2010. 9 Page 3 June 12, 2009 Ms. Toni Wallace RE: Special Event Uses at the Jordan Springs property I would note that if we do receive a formal complaint regarding the special event activities occurring on the property, we will need to expedite these targeted dates and seek ordinance compliance. I look forward to assisting you in achieving your envisioned special event uses on this property. Sincere Eric R. Lawrence, AICP Director, Department of Planning and Development cc: John R. Riley, Jr., County Administrator John Trenary, Building Official Mark Cheran, Zoning Administrator Eric Lawrence From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.virginia.gov] Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Attachments: MVC-005F.JPG; MVC-001F.JPG; MVC-002F.JPG; MVC-003F.JPG; MVC-004F.JPG Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031. Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 From: Eric Lawrence[ma iIto: elawrenc@co.frederick.va.us] Sent: Monday, August 10, 2009 3:53 PM To: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Hi Lloyd. Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process — in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to 0 • 4 -� a WvsA .I S P/'z--IJ 1. liccommodate the traffic movemenTfrom the public road onto the private drive.kid you also envision requirements for curb/gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements ? Secondly, do you see a flared 90-degree opening as being one of the components of the required improvements ? Do you see curb and guttering and pavement as being components of required improvements ? I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o,co.frederick.va. us http://www.co.frederick.va.us/Planning www.co.frederick.va.us 0 ,d��d pNft (ulmbr"A c-*tm- m k ') Al Air 46 di/ OWN " - n - ' ��• � _ ..i ill _ rlr �j,r�, � "fly � _ _. • M t•+Y�x'•.i~i. .tl w,l' •y •l�Y r •a.. Laze �- •`h .}{�'�'��. ',�� t7' Y' i� .Y .�R} j r ty.,`.'l. � Jr y, :t•��.. `J• � "� .♦ � Sri ` I • } k l w• i r r�� _ � .ems � • ,•"fir v � • I � x � r r� 'M r `, 6*4 Ait pli te " .7 i • r1 U f 0 L2A Eric Lawrence From: Ingram, Lloyd[Lloyd.Ingram@VDOT.virginia.gov] Sent: Wednesday, August 12, 2009 8:04 AM To: Eric Lawrence Cc: Funkhouser, Rhonda Subject: RE: Jordan Springs entrance Yes, you can use it as an official VDOT comment. -Lloyd From: Eric Lawrence [ma iIto: elawrenc@co.frederick.va.us] Sent: Wednesday, August 12, 2009 8:52 AM To: Ingram, Lloyd Subject: RE: Jordan Springs entrance Thanks. and nice pictures. Could I use this comment as an official VDOT comment for the Jordan Springs proffer amendment to enable "Special Events"? Sounds like you captured the essence of the entrance expectations. From: Funkhouser, Rhonda [mailto: Rhonda. Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation 1 I~ t • • t- i diuburg.Resirleucy — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 From: Eric Lawrence[maiIto: elawrenc@co.frederick. va.us] Sent: Monday, August 10, 2009 3:53 PM To: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Hi Lloyd. Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process — in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to accommodate the traffic movements from the public road onto the private drive. Did you also envision requirements for curb/gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements ? Secondly, do you see a flared 90-degree opening as being one of the components of the required improvements ? Do you see curb and guttering and pavement as being components of required improvements ? I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a-)co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us r Eric Lawrence ti From: Eric Lawrence Sent: Wednesday, August 12, 2009 9:15 AM To: 'Paige Manuel' Cc: Greig Aitken; Tonie Wallace -Aitken Subject: FW: Jordan Springs entrance Attachments: MVC-005F.JPG; MVC-001F.JPG; MVC-002F.JPG; MVC-003F.JPG; MVC-004F.JPG Hi Paige. Per your request, I have obtained VDOT's comment pertaining to entrance improvements that are required at the Jordan Springs site entrance. I have confirmed with VDOT that these comments are their official comments associated with the pending Special Events proffer revision. -Eric — - ------ -From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingram, Transportation Engineer Virginia Departnient of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 Frr�c: Eric Lawrence[ma iIto: elawrenc@co.frederick.va.us] Sent: Monday, August 10, 2009 3:53 PM '(: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Hi Lloyd. Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process — in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to accommodate the traffic movements from the public road onto the private drive. Did you also envision requirements for curb/gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so 1 can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements? Secondly, do you see a flared 90-degree opening as being one of the components of the required improvements ? Do you see curb and guttering and pavement as being components of required improvements ? I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(cDco. frederick. va. us http://www.co.frederick.va.us/Planning www.co.frederick.va.us 1 J CURRENT OWNER, MISSIONARY SERVANTS OF THE AIOST HOLY TRINITY REF, TAX AIAP -W -A PRCL 29.4 CURRENT ZONING, RA REQUESTED REZONING, B - 2 REZONING AREA, /0.33 ACRES N45.00'00'E 140.00' N17'30'00'W-/ 250.00' •\ 00. jy S23.00'00"W \ 297.00' vs-\. BOUNDARY INFORMATION SHOWN HEREON IS o0'\ COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD RUN BOUNDARY SURVEY BY TRIAD ENGINEERING, oo, THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THEREFORE. THIS PLAT AIRY 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 UTIL./TIES WAS NOT ESTABLISHED DURING THIS SURVEY. 6p �•7 1S14.20'23"W g0 0 S79'56'54"E Q 351.88' a❑ ' 353.27 N86.33'40"E 445. OB' - m o \ S89.18'03'E 900.00' S00'41' "W �`� •� 32.74 = 138.08 ? Ln f•- o O O 0 �o O 0 o+o ou O 8.97 \ N . wI ou • \ 106.94' y VI 589-18'd3'E 900.00'dl 0 0 6 olo S02355004"E lm N83.00'0 W \ 105.001" --'\�S23.30'OQ'E 393.93 `N84.30100"W 514.09, S47.00'00'W 179.00, roa o roo zoo scncE, �-roa REZONING REQUEST PRO Ii EIS Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 910-01 for the rezoning of 10.33 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: 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 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses r 1� - ir-► �,�1� n.Jr oc �✓I� �, SPA j 0 0 c7 11 fag 02 m of fie ` m 11 61300 Im ©0� ft a a Q fFt' i_Ilk Id it-cr►rcu esrs,r� 11i 11 faT 7f-- WW 7! a RV +� m M ORP m ao0 R► Planning Access Terminal Jordan Springs Property & Surrounding Area GIS_BUILDING_FOOTPRINTS Parcels SASA OUrban Development Area Zoning Bt (Business Neighborhood DiStnct) B2 (Business General Distrist) B3 (Business Industrial Transition District) EM (E.tracove Manufacturing Dntnct) 410 HE (Higher Education Distnct) - M1 (Industrial Light District) M2 (Industnal General District) 40111, MH1 (Mobile Home Community District) - MS (Medcal Support Drstnct) R4 (Residential Planned Conrnunity District) - R5 (Residential Recreational Community DPstri RA (Rural Area Distract) RP (Resttlenoal Perforrnartce Qsina) Note Map Created by Fredenck County Dept of Planning & Development 107 N Kent St Suite 202 Vvfnchester, VA 22601 540-665-5651 0 125 250 x 500 Feet L • Eric Lawrence From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Tuesday, May 19, 2009 2:03 PM To: John Riley Subject: FW: Jordan Springs Map Attachments: JordanSpringsLocation Map. pdf Hi John - Attached is a PDF illustrating the location of the current 10 acre B2 zoning on the Jordan Springs site, and a potential additional 11.5 acres of B2 zoning that could be sought based on its location within the SWSA. Collectively, these two areas (totaling approximately 21.5 acres of 132) capture the extent of SWSA on the Jordan Springs property. I will send over color copies of the illustrative for your use. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a)co. frederick.va. us http://www.co.frederick.va.us/Planning www.co.frederick.va.us R4 i� .4► • �t af'�100 m 4 ffi M © Ong _4 m 00 04, ' App—m,ately ' - '� acres --!#j Pr000sed'82 . -.. ry © W ID RP ® as 0 Ittr Planning Access Terminal Jordan Springs Property & Surrounding Area i GIS_BUILDING_FOOTPRINTS Parcels S WSA OUrban Development Area Zoning 81 (Business Neighborhood District) • B2 (Business General Distrist) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) — HE (Higher Education Distnct) — M1 (Industral. Light District) M2 (Industrial General District) MH1 (Mobile Home Community District) _ MS (Medical Support Dstnct) R4 (Residential Planned Community District) _ R5 (Residential Recreational Community District) RA (Real Area Disbnet) RP (Residential Peronnanoe Distinct) Note Map Created by Frederick County Dept e Planning 8 Development 107 N Kent St Suite 202 Wnchester, VA22601 540 - 665 - 5651 0 125 250 500 Feet AIVIENDMENT Action: PLANNING COMMISSION: December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10-01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WHEREAS, Rezoning #10-01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12, 2001; 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 Zoning District Map to change 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #28-01 9 0 This ordinance shall be ui effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Richard C. Sluckle, Chairman -Ay-e- Sidney A. Reyes -Ay-r- W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST John R. ley, Jr. Frederick County Administrator PORes N 3-01 0 U-Id PIE ZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 Si2nage Limit the allowed business sign to one sign. The sign shall be of monument -type construction and limited to fifty (50) square feet in size or a placard. Off -site Improvements to Lagoon SetiveraVe System fond Provide security -type fencing along the parameter of the lagoon sewerage system pond that services the 10.33 (+/-) acres. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Missionary Servants of the Most Holy Trinity By: (Signature) (Print name)_Sordan Baxter, S. T. Date: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of December 2001 by: My Commission expires: Notary Public: Prr�ertyidentific:ifzaniv:::,.t�e� •��-���+.i�•r�'� SzUaU ti»;: I; Strict Pow ? of? P relirni nar_YjL=jj Sao_ o? -be cu a ofvirWnic. P50, as amended, and the pro,,isions of the Frederick County Zuriing OrdLrmcc wm*i respect to conditional zoning, the Linda:.,.;::_offers that in the event the Board of Supervisors of Frederick V iia;rua, mall gjp,otie Rtczoning fir thi :mining o 10.33 (+!••; -rq _`roe: '+r^R� A ---A 4R A,.. Zomrii! liistnc► to 6U.'alabs (3-2) Zoning District " .'.':.a (HA) Overiay "Zone. Dcvelopmt;nc of the subject prop=Ty Shull be done in carfoffiity with the terms and conditions set forth herein, except to the extent that such •-'ens a= c and:ricns may be subsequently amen-e4 or revised by the applicant and such �pl_�ve+. by the Frederick County Board of upervisors in wxordance with Virginia law. In the event that such rezoning is not granted, then these proffc:s shall be deemed have no effect whatsoever. The undersigned, that owns the above described property, nereby voluntarily proffers th:ic if the Bor.' 7f f.r the C: c.nri rf �-:�-'ir.!� �'_ ;�nit� rppmves the rezoning far .te 10.33 !+ + tees the w .'.- rs'.w', -,-� Transpov:�ti:,:; C::ll?L.. [;•r�'i.P rr-�ff %• :.�:•� .,nd a� '' 'S:S 1'. ?: i1� ! �13J1Dmg' Stage in F.'000Id 1rlCC with the Virginia Department of Transportation (VDOT) standards. Provide necessarvrisill ---4 Irrjaii-= VDOT. E��u alcr.; shall b� iiLi;t i io tv, u (: .; ii :s_rc:Lil cr.u. rocs onu 1' �_':: ,`,t4 All ent^-:ces shall be constructed in accordance with VDOT standards and Frederick Counry standards. Allow ed i159* Limit the allowed uses to: Health Services Legal Services Eaginecring, accounting, =catch, management and related services. General business offices Public buildings Residential uses wtuch are accessory to allowed business uses REZONING REQUEST PROFFER .. .•R__.-_— nr-._ a..... AA !!A\\ 16,4 tir-mrt I- Liz `.ac allowed business sign to one sign The sign °ball be of monurnent-tym ca:istruction and liinited io fu-,j (30) K,;art: fact :a v:• a r? :!��• i ). ' -:r jMRL Ytmct1t5 iU �,.4 :�t+Nar•a„ge Sy:tss:t Phu V!01, h'_e ScxtW:ty-tvne fencing 210nv the parameter 1; .he LL:ou. �:;�•, sy-ta� pond brat trxvices the 10.33 (+1-) acres. Tit: c-xd,:q.-ns p-fl'e►ed enve-- shaU he binding upon the heirs, mccutm-s, administt-pore, �•s ^- +mac-�� it it erest of the Apphcant and Owner. in thy: evaui dw Feeck ick 7 FJL..L; of Supervisors grant said rezoning and accepts these conditions; the i ,•ti fF—r-' "r-6t;nrs ah?11 Im _=t• :T'' •. J'14on to other rCgLiirernentS Sd L.a�.w•�n .11•r cr.�- 4Mri PROPERTY OWNER Miz-6fouary ;:ai-vxmts ei the Plait Holy TAm!,ty D - ,Si %,vattrej— - - � -- — STATE OF M.' RYLAND. Ai LARGE MON-rGVf,ffitRY COON-1-Y, To -wit: The foregoing ia+rrutaeat was acknowledged before me this 11 th day of Oecenher, 2001. Wv %nmrruSSiOn Ciipurrs: i Notary Public: Revised 12ASR001 pa Ft>:dttick Couulty S and Plannim f. Wcrmuio❑ wuu,ua,ls. TJTr-*L P.03 � / 1 1,8270 ACRES • '�"' ' 147,11a2 S.F. ' a37725 ACRES -1 Z ZV. I1.191.9W.1 S.F. I T0.87362 ACHES 300.970.4 S.F. ' I T.036.4 SF. I I 8.90933 ACRES I.0.04676 ACRES 467 149,029.6 S.F. � Ij Il1t rt 3.42126 ACRES EXISTING ZONING LINE J/ 1e6.4281.42811 AaeFs PER METES AND BOUNDS REZONING DECEMBER 2001 i C / / 1 I 70,881.7 S.F. 1.11270 ACRES I � I a37726 ACRES ...... -1 RA- (3z. I� t.teLsto3.t sF. I I 2887362 ACRES I i II 300.970.4 S.F. .' 2038.4 S.F. 880833 ACRES 0.0467 6 ACRES 10,028.6 S.F. I 3.42125 ACRES U771151*4 S.F. EXISTING ZONING LINE +es.4241+zet1 Al2tF5 PER METES AND BOUNDS REZONING DECEMBER 2001 i PIN � 1\I 0 / / 1 70,801.7 S.F. • 1.6270 ACRES VA �.•�� 147.113.2 SF. 1 _ ..� 3.37725 ACRES r- / -� j'5T'' I j 1.161.903.1 S.F. 20.87362 ACRES j 3MO70,4 B.F. .I! 2.0.78.4 S.F. I8.00033 ACRES 0.04675 ACRES i 148,02Y.a S.F. I I 3.42125 ACRES 4042611.S.F. EXISTING ZONING LINE +as4zen ACRE \ , PER METES AND BOUNDS REZONING DECEMBER 2001 I 0 r� L t r r Ctndlice Perkins From: Tonie Wallace [TonieWallace@advlegaltech.com] Sent: Wednesday, January 27, 2010 10:04 AM To: Candice Perkins Cc: Steve Pettler; greigaitken@historicjordansprings.com Subject: RE: Jordan Springs Good Morning Candice I clearly understand that theadvertising fee is my burden and will pay that. I am respectfully requesting a 60 day postponement of this matter and if you would be kind enough to let me know if the check is to be made payable to Frederick County Department of Planning & Development and if I may mail it or to we have to deliver it to you. Thank you for your guidance and assistance int his matter. Regards, Tonie Tonie M. Wallace, Owner, CEO, RPR, CCR, CME Historic Jordan Springs, LLC. 1160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX www.HistoricJordanSprings.com I TonieWallace(cDliistoricjordanspriiigs.com Please visit our Websites to learn more about our services and products: www.advlegaltcch.com Nvww.syncvideo.corn www.courtreportingconsultants.com www. co untycourtreporters. corn www.rep ortersgroup. corn www.niar la�cportin .com This message is intended only for the use of the individual or entity to which it is addressed, and may contain inforination that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at Historic Jordan Springs, 1160 Jordan Springs Road, Stephenson, VA 22656 via U.S. Postal Service. THANK YOU. From: Candice Perkins [mailto:cperkins@co.frederick.va.us] Sent: Wednesday, January 27, 2010 8:08 AM To: Tonie Wallace; Steve Pettler Cc: Greig Aitken; Eric Lawrence Subject: RE: Jordan Springs Tonie, Since the rezoning was scheduled and advertised, a $500 fee would need to be paid in order to postpone the public hearing. If the postponement fee is not paid we will have to proceed with the public hearing tonight. Please let me know how you would like to proceed. Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins(@co.frederick.va.us www.co.frederick.va.us From: Tonie Wallace [mailto:TonieWallace@advlegaltech.com] Sent: Tuesday, January 26, 2010 4:32 PM To: Candice Perkins; Steve Pettler Cc: Tonie Wallace; Greig Aitken; Eric Lawrence Subject: RE: Jordan Springs Good Afternoon, Candace, We are requesting a 30-day extension of this matter before the Board of Supervisors. Please advise us of the new date thank you for your assistance. Regards, Tonic Wallace. -----Original Message ----- From: "Candice Perkins" <cperkins@co.frederick.va.us> To: "Steve Pettler" <pettler@harrison-johnston.conv Cc: "Tonic Wallace" <TonieWallace@advlegaltech.com>; "Greig Aitken" <GreigAitken a iiistoricjordansprings.com>; "Eric Lawrence" <elawrenc@co.frederick.va.us> Sent: 1/26/10 9:06 AM Subject: Jordan Springs Stephen, I was made aware that the taxes (2nd half) for the Jordan Springs property (parcels 44-A-294 and 264A) have not been paid yet. The rezoning for the site is scheduled for a public hearing at the Board of Supervisors meeting tomorrow night. We wanted to make you aware that if the taxes are not paid by tomorrow afternoon we will have to bring up that issue at the meeting and the info may affect the Board's decision on the proffer amendment. 2 O► f Let me know if you have any questions. Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540)665-5651 (540) 665-6395 (fax) eperkins a.co.frederick.va.us <mailto:cperkins(a co.frederick.va.us> www.co.frederick.va.us <http://www.co.frederick.va.us> 3 P> RECEIVED FROM-' m w °' E N r (� ADDRESS 1l� v o a ;-' O N \- N ❑FOR REN O N ❑FOR v oo+, LLn U °_6 v u dD Y v E Z u � Tl � r- C O 0 LZ ul T a-� NO. 3932 71 • AMT. OF ACCOUNT CASH AMT. PAID -- CHECK BALANCE MONEY DUE ORDER7 DOLLARS $ rnn, BY � 4. K 0 PAGE 12 1 loudoun Business 6 i July 2009 _ POWERED BY f� ROADSTAR High -Speed Internet Get up to speed today with o a data r lAiglik S pee Ckl • Reliable, local service • Support Home Networking • Professional, timely installation • New pricing for Home and Business Service New Fiber Level Speeds 604 South King Street, Suite 200, Leesburg, VA 20175 888-21-RSTAR sales(Proadstarinternet.com • www.roadstarinternet.com Events & Services • Weddings and Receptions • Rehearsal Dinners and Engagement Parties • Bridal Showers & Bachelor/ette Parties • Graduation and Birthday Celebrations Personalized Consulting & Planning Jordan Springs Adds Executive Office Suites Kara Clark, Staff Writer Those looking to break out of the office park environment may want to consider the offerings of Historic Jordan Springs, located in a cultural and event center four miles outside of Winchester. The two -year -old, 237-acre estate opened two years ago under the leader- ship of owners Tonie Wallace -Aitken and Greig Aitken as a venue to attract confer- ences, weddings and even serve as a nice daylong getaway for tea or lunch. Now, the center has recently launched a slew of executive office suites to meet a market demand. Executive Director Colt Nutter said the furnished office suites offer high speed Internet, the use of reception services and an IT staff to use at a company's desire. He said the center currently houses 12 companies in the office suites under a semi -permanent arrangement. "We do have a lot of other smaller companies that want a public office space but don't necessarily want all the expenses of having their own building," Nutter said. Currently, Historic Jordan Springs has Circa 1600 Historic ordan Springs 10,000 square feet of private office space in use, with another 1,500 square feet avail- able and move -in ready. Nutter said the company is also looking to add more office space on the fourth level of the building, though the space is currently unfurnished. The company also has an arrangement with a nearby four -diamond hotel to pro- vide shuttle service from Jordan Springs for those executives who may be in need of local accommodations. Executive office tenants usually have a monthly rent agreement with Jordan Springs, though Nutter said the company is flexible. "We're certainly open to discussing other ideas, but we've only had requests for monthly space and sometimes daily space. We don't have a pre -standardized setup; everything we do at Jordan Springs is catered to the individual client. We're very anti cookie cutter. Not everybody's needs are the same as the other 10 people, but whether it's an executive or a bride we'll find out what they're looking for." For more information on Historic Jordan Springs, visit www.historicjordan- springs.com. Conference & Technology Centre • Business Conferences & Meetings • Depositions and Arbitrations • Corporate Retreats • Video Conference National Facilities thIl ing, sati ing imp of equ ter fors bell July 2009 Loudoun Business I PAGE 11 Is ut ri- al at Unique Opportunity to SAVE 50% on Summer Classics... Quality Outdoor Furniture (in -stock items only) Cast Aluminum -Wrought Aluminum Weatherproof Wicker Sun & Fade Resistant Fabrics The Guest Room 1002 East Market Street Leesburg,VA 21076 703.771.9484 1 www.theguestroomfurniture.com TAKE AN ADDITIONAL 10% OFF SPECIAL ORDERS $100 rebate over $11000 SUM NA ER X, C L A S 5 1 C 5 STORE HOURS: Mon-Tues: 10 - 5; Thurs: 10 - 7 Fri -Sat: 10 - 5; Sunday: 12 - 5 } w 5.1u•:, OUNTY of FRED ERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 August 12, 2010 Stephen L. Pettler, Jr., Attorney at Law Harrison & Johnston, PLC PO Box 809 Winchester, VA 22604 RE: Rezoning #06-09 of Jordan Springs Property Property 1.dentification Numbers 44-A-294 and 44-A-294A (portions of) Dear Mr. Pettler: This letter is to confirm that you have, on behalf of your clients, withdrawn the above referenced Rezoning application. The application was intended to revise proffers associated with Rezoning #10- 01 by adding permitted uses on 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. The property is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664) in the Stonewall Magisterial District. The above referenced file has been closed by our Department. If you have any questions regarding this action, please feel free to call this office. SincU-awrence, Eric AICP Director of Planning & Development cc: Greig Aitken & Tonic Wallace, 1160 Jordan Springs Rd., Stephenson, VA 22656 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 &P-� - C-(Z) vy REZONING APPLICATION #06-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supervisors Prepared: August 3, 2010 Staff Contact: Eric R. Lawrence, AICP, Planning Director Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at Applicant's request. 05/26/10 Tabled at Applicant's request 8/11/2010 Pending PROPOSAL: To revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664�, ' EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/11/10 BOARD OF SUPERVISORS MEETING: This is an application to revise proffers on 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This proffer revision seeks to provide for additional uses on the site, including special events such as weddings, pub nights, and dinner theater. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning land uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). The applicant also intends to seek an annual festival permit to enable qualified land uses to occur- outside of the main historic Jordan Springs structure, on the grounds of the property; this festival permit will be sought outside of the rezoning process. At the May 26, 2010 meeting, staff provided a brief update to the Board to review the applicant's proposed changes. A timeline for the annual festival permit was discussed along with postponement of enforcement of the pending zoning violation on the Jordan Springs property. Revised proffers were presented to the Board that reflected the necessary ordinance amendment to the festival permit requirements. The Board directed staff to return the rezoning petition to the Board on August 11, 2010 for action. On July 28, 2010 the Board of Supervisors approved revisions to the County Code pertaining to festival permits; the new code will enable the issuance of an annual festival perinit. **The Jordan Springs Property is currently delinquent on its Frederick County real estate taxes. §165- 102 02 of the Frederick County Zoning Ordinance requires that "every application for rezoning shall include proofthat all property taxes due and payable to the County are paid and that no delinquent taxes are outstanding' Therefore, the Jordan Springs rezoning request is not in conformance with the Zoning Ordinance. **On July 9, 2010 Jordan Springs was cited with another zoning violation for the illegal operation of a hair salon Hair salons are classified as personal services and are not permitted under the current Proffers for the Jordan Springs property or the proposed proffers currently under review (see attached violation letter) Therefore even if Rezoning #06-09 is approved the Jordan Springs property would still be in violation of their proffers. i � I Rezoning #06-09 — Jordan Springs Property August 3, 2010 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist theyn In making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved Issues concerning this application are Voted by staff where relevant throughout this staff report. Reviewed Planning Commission: 01/06/10 Board of Supervisors: 04/14/10 05/26/10 8/11/2010 Action Recommended Approval Public Hearing held; action Tabled at Applicant's request. Tabled Pending PROPOSAL: To revise proffers associated with Rezoning #01-07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone with proffers to B2 District with HA with revised proffers. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: B2 (Business General) District with a Historic Area (HA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Conununity) District South: Zoned RA (Rural Areas) District Use: Agricultural / Residential East: Zoned RA (Rural Areas) District Use: Agricultural / Residential Zoned RP (Residential Performance) Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Rezoning #06-09 — Jordan Springs Property August 3, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large velicles, such as limousines, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at tlis time. I will reserve any further comments for when I review the proposed entrance plan. Planninil Department: Please see attached letter dated June 12, 2009, fi-om Eric R. Lawrence, AICP, Planning Director. Historic Resources Advisor Board: Please see attached letter dated December 1, 2009, from Candice E. Perkins, AICP, Senior Planner, Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Benedictus and more recently as offices for County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning #10-01 for Jordan Springs (County Court Reporters, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a HA Overlay Zone. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the summer of 2009, the property owners were informed that certain activities being conducted on the site (special events such as weddings, dinners and other events) were not permitted and were in violation of the proffered use conditions associated with Rezoning #10-01. It was further explained that in order to remedy this violation, the property owner needed to secure a proffer amendment to enable the new uses, secure an approved site plan that addresses parking areas on the site and, finally, iniplentent the improvements specifier) on the site plan. The proffer amendment proposed with this application is the first step necessary to resolve the violations on the property. At the suggestion of the Board, the applicant will also seek an annualfestivalpermit to enable special events to occur on the outdoor grounds of the property. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the Rezoning 1106-09 — Jordan Springs Property August 3, 2010 Page 4 living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1-11 The subject properties (portions currently zoned B2/HA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned B2/I IA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning #06-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning #10-01. 3) Proffer Statement — Dated November 3, 2009; Revised January 19, 2010, May 14, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, Accounting, Research management and related services • General Business Offices • Public buildings • Museums as an accessory or secondary use • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services, limited, however, to the following extent: o 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. o 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 Rezoning #06-09 — Jordan Springs Property August 3, 2010 Page 5 permits for such festivals or special events which are to occur outdoors at the property. STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen comments during the public comment portion of the hearing. No issues or areas of concern were raised by the Commission. The Commission unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner Manuel abstained.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 4/14/10 MEETING: This application was reviewed by the Board of Supervisors on April 14, 2010, and following the public hearing, subsequently tabled at the applicant's request. The Board expressed concerns with components of the application including: proffered land uses may be too broad, welcoming unanticipated and unwelcomed uses, and potential for excessive noise and the hours of operation of the outdoor activities. At the April meeting the creation of an annual festival permit was also discussed. No citizens spoke during the public hearing. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 05/26/10 MEETING: At the May 26, 2010 meeting, staff provided a brief update to the Board to review the applicants proposed changes. At the May meeting a timeline for the annual festival permit was discussed along with postponement of enforcement of the pending zoning violation on the Jordan Springs property. The Board ultimately decided to defer the rezoning application and enforcement action of the zoning violation until the annual festival permit ordinance was concluded. On July 28, 2010 the Board of Supervisors approved a revision to the festival permit requirements to allow for annual festival permits. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/11/10 BOARD OF SUPERVISORS MEETING: This is an application to revise proffers on 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This proffer revision seeks to provide for additional uses on the site, including special events such as weddings, pub nights, and dinner theater. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer amendment Rezoning #06-09 — Jordan Springs Property August 3, 2010 Page 6 is necessary to resolve existing zoning violations on the property concerning land uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). The applicant also intends to seek an annual festival permit to enable qualified land uses to occur outside of the rnain historic Jordan Springs structure, on the grounds of the property; this festival permit will be sought outside of the rezoning process. At the May 26, 2010 meeting, staff provided a brief update to the Board to review the applicant's proposed changes. A timeline for the annual festival permit was discussed along with postponement of enforcement of the pending zoning violation on the Jordan Springs property. Revised proffers were presented to the Board that reflected the necessary ordinance amendment to the festival permit requirements. The Board directed staff to return the rezoning petition to the Board on August 1.1, 2010 for action. On July 28, 2010 the Board of Supervisors approved revisions to the County Code pertaining to festival permits; the new code will enable the issuance of an annual festival permit. **The Jordan Sprints Property is currently_ delinquent on its Frederick County real estate taxes. .�165- 102 02 of the Frederick County Zoning Ordinance requires that "every application for rezoning shall include proof that all property tares due and payable to the County are paid and that no delinquent taxes are outstandine ". Therefore, the Jordan Spritz,-s rezoninz request is not in con fornzatzce ►vitlz the Zoning Ordinance. **On July 9. 2010 Jordan Sprin.es was cited with another zoning violation for the illegal operation of a hair salon Hair salons are classified as personal services and are not permitted under the current proffers for the Jordan Sprints property or the proposed proffers currently under review (see attached violation letter). Therefore even ifRezoning #06-09 is approved the Jordan Sprin,-s property would still be in violation of their proffers. Following the public hearing, a decision regarding this proffer amendment would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 CERTIFIED MAIL July 9, 2010 Greig D. W. Aitkens and Tonie W. Wallace 1160 Jordan Springs Road Stephenson, Virginia 22656 RE: 1160 Jordan Springs Road Property Identification Number (PIN): 44-A-294 Zoning District: RA (Rural Areas) / B-2 (Business General) /HA (Historic Area) Overlay Zone Dear Mr. Aitkens and Ms:" Wallace: This letter is to inform you that you are in violation of the proffered conditions assigned to Rezoning #10- 01, approved by the Board of Supervisors on December 12, 2001. The property was rezoned from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone limited by proffers to the following uses: • Health Services • Legal Services • Engineering, accounting, research, management, and related services • General business offices • Public buildings • Residential use which are accessory to allowed business uses On June 15, 2010, this office received an application for a business license located on the Jordon Springs property. The business license was for a hair salon and was denied, as hair salons are not an allowed use by the proffers of Rezoning# 10-0 1. I visited the property on June 23, 2010, and noted commercial hair dryers and wash stations located in the accessory building located on the right side of the main driveway. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, resolution of this violation may be accomplished by removing the hair salon from this property. Failure to comply with the Code of Frederick County will result in a criminal complaint being filed against you. You may have the right to appeal the above notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article =, Section 165-1001.02, of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Greig D. W. Aitkens and Tonie W. Wallace Re: 1160 Jordan Springs Road July 9, 2010 appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. I have included a copy of the proffers for Rezoning #10-01 for your review. Contact me regarding any questions that you may have at (540) 665-5651. Sincerely, d2rkR. Cheran Zoning Administrator Enclosure MRC/dlw cc: Charles DeHaven, Stonewall District Supervisor IN Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: Mr. Greig D.W. Aitkens Ms. Tonie W. Wallace 1160 Jordan Springs Road Stephenson, VA 22656 A. ❑ Agent v ❑ Addresse B. Received by (Pante�N7a:e) `., C. DDliver D. Is deliv ry address different from Item 1? ❑ Yes If YES, enter delivery address below: , ❑ No 3. Service Type ❑ Certiffed Mall ❑ Express Mall ❑ Registered ❑ Return Recelpt� ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2 ' 7009 2820 0004 3k4k 1k80 PS Form 3811, February.2004 Domestic Return Receipt "` 102595.02-M-154c COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 June 12, 2009 Toni Wallace Historic Jordan Springs 1160 Jordan Springs Road Stephenson, Virginia 22656 RE: Special Event Uses at the Jordan Springs property Property Identification Number (PIN): 44-A-294 1160 Jordan Springs Road Zoned: B2 with proffers / Historic Area Overlay Dear Ms. Wallace: I appreciated the opportunity to meet with you June 2, 2009, to discuss your use of the Jordan Springs property for special events. I trust those of us at the meeting; including you, Paige Manuel, John Trenary, Mark Cheran, and me, collectively have a better understanding of your envisioned use of the historic property for special events, and the associated County building code and zoning requirements. This letter is offered as a summary of our discussions, and as further clarification regarding the steps necessary to bring the property into conformance with the zoning ordinance. The site is a beautiful property, and whether an event is held inside the site's historic structure or within a temporary tent, it is important to maintain compliance with the applicable county codes. John Trenary has informed me that the building code concerns associated with the temporary tent have been addressed, and that a 180 day temporary tent permit has been issued (tent permit to expire December 15, 2009 per building permit #642-09). Confirming adherence with the building code addresses an important safety component. As we discussed, the actual use of the property for special events — whether it be within the existing historic structure or outside on the grounds of the property — is in violation of the proffered conditions associated with the property's B2 zoning (Rezoning Application # 10-01 ), approved by the County on December 12, 2001. The proffered conditions identified the permitted uses; special events facilities were not included in the list of permitted uses. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1I Page 2 June 12, 2009 Ms. Toni Wallace RE: Special Event Uses at the Jordan Springs property The zoning violation could be alleviated upon successful completion of the following three development steps: Securing a proffer amendment, approved by the Board of Supervisors, which includes special events as a permitted use on the property; 2 Securing an approved site plan, a key component of which addresses parking area(s) location and design adequate to accommodate the anticipated capacity of a special event; and 3 Implementation of the site plan identified improvements. Two potential hurdles to the process might be achieving compliance with any Virginia Department of Transp.prtatioh (VDOT) requirements pertaining to the site entrance onto Jordan Spring Road, and the ordinance requirements for parking to accommodate your special event guests. I would encourage you to consider establishing a maximum number of guests allowed as part of a special event; such a limitation may be of assistance in determining if any/or the degree of entrance improvements that may be necessary to satisfy transportation safety. Staff has initiated communication with VDOT to assist in gaining an understanding of the potential entrance and road requirements. I had hoped to include our findings in this letter, but have not yet completed our discussions with VDOT. Once we receive finalize our discussions with VDOT, we will convey this information to you. Additionally, in recognition of the property's history, and its inclusion in the Historic Area Overlay District, it may be appropriate to consider an amendment to the County Code pertaining to parking lot material standards. With a letter from you requesting a revision to the parking material standards, the County is prepared to initiate an ordinance amendment that would enable a parking material more complementary of a historic setting. As we discussed, parking areas constructed of pea gravel and grass pave may be more appropriate and compatible with the historic character of properties within the HA Overlay District, such as Jordan Springs. Presuming that you do intend to continue to host special events on this property, resolution of the zoning violation is necessary. Therefore, it is expected that you will make application by September 1, 2009 for a proffer amendment, or other means you might wish to pursue, to facilitate the Special Events as a permitted use on the property. Following an approved proffer amendment, it is expected the site plan and associated constructed improvements be implemented by June 1, 2010. Page 3 June 12, 2009 Ms. Toni Wallace RE: Special Event Uses at the Jordan Springs property I would note that if we do receive a formal complaint regarding the special event activities occurring on the property, we will need to expedite these targeted dates and seek ordinance compliance. I look forward to assisting you in achieving your envisioned special event uses on this property. Sincere , Eric R. Lawrence, AICP Director, Department of Plarrning and Development cc: John R. Riley, Jr., County Administrator John Trenary, Building Official Mark Cheran, Zoning Administrator COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 1, 2009 Mr. Stephen L. Pettler, Jr. Harrison & Johnston, PLC 21 South Loudoun Street Winchester, Virginia 22601 RE: Application Requesting a Rezoning of 10.33 Acres from B2 with HA Overlay to B2 with HA Overlay with revised proffers Historic Jordan Springs Property Location: 1160 Jordan Springs Road, Stephenson Property Identification Numbers (PINs): 44-A-294 and 44-A-294A (portions) Dear Mr. Pettler: The Frederick County Historic Resources Advisory Board (1-IRAB) considered the above - referenced rezoning proposal during their meeting on November 17, 2009. The HRAB reviewed information associated with the applicant's proposed proffer statement and rezoning application. Historic Resources Advisory Board Comments The proposal seeks to revise the proffers approved with Rezoning 410-01, which rezoned ten acres from the RA (Rural Areas) District to the B2 (Business General) District with a Historic Area Overlay with proffers. The property is located at 1160 Jordan Springs Road in the Stonewall Magisterial District. The HRAL reviewed information associated with the applicant's proposed proffer statement and rezoning application. With this proposed rezoning the applicant is seeking to revise the proffer statement to include the following uses: • Health Services • Legal Services • Engineering, accounting, research, management and related services • General business offices • Public buildings • Residential uses which are accessory to allowed business uses • Museums • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Stephen L. Pettler, Jr. RE: Jordan Springs — HRAB Comment December 1, 2009 Page 2 The above referenced parcel is a significant site; it is located in the study area for the Second Battle of Winchester and contains structures that are eligible for the State and National Register. The HRAB recognized the applicant's intent to preserve the historic character of the site and felt that the addition. of the proposed uses requested by the applicant would further* their goals. During the HRAB's discussion, there were no adverse comments and after consideration, the HRAB felt that the applicant was seeking to preserve the historic nature of the site and they recommended approval of this rezoning application with the uses presented by the applicant. If this application changes substantially from the information presented to the HRAB on November 17, 2009, the FIRAB requests it be provided for further review. Please do not hesitate to contact me if you have any questions regarding the formal comment from the Historic Resources Advisory Board. Sincerely, axe � " Candice E. Perkins, AICP Senior Planner cc: Rhoda Kriz, FIRAB Chairman � r r 4. f e • Ir (appi loci / e or M\�� �000S 0 ♦l, Jordan tiprin"s Greig Aitken >:t Proffer Revision Toni Wallace Current Zoning PIN: 44 - A - 294 & 294A (portion) DAusTER CT v Q4y 2, a 5� -0, CL�O '4,tllnu lr(�� G Al 'tA pQ' b'RO �+--- O �pl'o 0 O OLD CHARLES rOWN RD S C;SQ !� J I � A NiCH -\ 660 `��p-kS ; RC' F y99 I v .651 tFP- ( abc 1,141111C1 ( eri.111. ^rF4ree Nlll Bypef• luelel WrB..wr.wl.�rr.rr\.Ilr..wr.IMrur.\II I.N.+rul lr[6r lrr.ur..111wt\IA..I.rrPP•r. IMrMtr N\rN.nl \rn lMn.ri � 1 rN.e 14..1-y�.nr \... NI 1w+e.... \ , Mrb.N 14+rbri ! \I Ilrrn.e•. \1.x1.•nrr[ IMrr.ri \I} il.�rr+rut I..n.r.l IN.uwr. __,W P[ IN.W mu.l Y4.M ('raNl Owrn..r NPIN.Weerrl P.rl.rr.... Uur..\i h �\\\\\ N!Nrr.u.r... t.r�.r.l Ularwr •11t. 1111[krll.n.4.IN+rl.a\IIII r\lebrlr ll..mrt.r.rr.rrurn•Irrurl.tl-NS(N.W..uul Nr.mNr.l l'�rxlr)IN+rkrr w' 0 125 250 500 Feet REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA ro be completed by Planning Staff; ?oning Amendment Number 'C I-Iearing Date C; r Pee Anlollllt Paid Date Received BOS Hearing Date 17 b v 7he.1011oiving information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North I(ent Street, Winchester. 1. Applicant: Name: c rei P 1) W Ai ticen L. TOni-e— Wallace Telephone; 5AQ667 n6nn Address: 1160 Jordan Springs Road, SLephen$on, VA 2fi5L 2. Property O)vner (if' different than above) Name: Address: 3. Contact person if other than above Name: Telephone: rI elephone: 4. Checklist: Check the following lteMs that have been included With this aPPllcatlolj! Location map Agcncy Continents ✓/ Plat Pees Deed to property Impact Analysis Statement r✓//� Verification of taxes paid —� Proffer Statement —T 10 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Greig D.W. Aitken and Tonie M. Wallace 6. A) Current Use of the Property: RA/B2 B) Proposed Use of the Property: RA/B2 - Amend uses proffered on 1)ec.ember 12, 2001 to include: Restaurants (SIC 58); Theatrical Productions (SIC 7922); Hotels (SIC 70); and uses accessory to using the property for events. 7. Adjoining Property: PARCEL ID NUMBER USE ZONING kSee List) S. Location: The property is located at (give exact location based on nearest road and distance from nearest Intersection, using road Maples and route numbers): The property fronts onto both Jordan Sn��_�es (Rrn,tP hh4L _ and —Wino- g Mill R o n d_Ggo u.te�a.C�p--)-; (Th erei s 41- property at the intersection). 11. 9. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: NIA Townhome: N/A Multi -Family: N/A Non-Resiclential Lots: N/A Mobile Home: __N_/A_ IIotel Rooms: N/A Square Footage of Proposed USCS Office: N/A Service Station: N/A Retail: N/A Manufacturing: N_/A Restaurant: N/A Wal'e11OLISe: N/A Other: Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick COUIlty Board of Supervisors to amend the zoning ordinance and to change the zoning Map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes, I (we) understand that the Sig11 ISSLIcd when this application is SUbI111tted nlust be placed at the fi'ont property line at least seven clays prior to the Planning Commission public hearing and the Board Of SLIPeI'VISOI'S' public hearing and maintaiIled so as to be Visible from the Toad right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) lu-iowledge. Applicant(s): Owner(s): /1&( - 12 Date' Date: Date; dl6-,, Date: --' JORDAN SPRINGS List of Adjoining Property Owners T.M. 44-A-295 William and Sharon M. Rexrode 1099 Woods Nlill Road Stephenson, VA 22656 D.B. 775. PG. 876 Zoning: RA T.M. 55-A-133 Dorothy L. Hart 897 Woods NMI Road Stephenson, VA 22656 D. B. 322. PG. 395 Zoning: RA T.M. 55-7-1 Michael L. & Carol T. Sweet 362 Woods Mill Drive Stephenson; VA 22656 D.B.637. PG.412 Zoning: RA TAW. 55-7-14A William G. Nlelrer III & Barbara E. Nlcircr INSTR. 11: 030000603 Zoning: RA T.1M. 55-7-14 William G. Ivleircr III & Barbara E. Nlcircr 270 Lick Run Crossing Stephenson, VA 22656 D.B.744. PG.437 Zoning: RA T.M. 44-A-31A Stephenson Associates, LC INSTR. 11: 030005765 Zoning R4 Mailing Address: 207 Plaza Street, NE Leesburg, VA 20176 Mailing Address: 207 Plaza Street, NE Leesburg, VA 20176 Mailing Address: PO Box 2530 Winchester, VA 22604 T.M. 44-A-292 Stephenson Associates, LC INSTR. #: 030005766 Zoning R4 T.M. 45-5-2-17 Rene Carlson 154 Hummingbird Lane Stephenson, VA 22656 D.B.698. PG.45 Zoning: RP T.M. 45-4-1-1 Clark D. & Barbara K. Fortiney 1281 Jordan Springs Road Stephenson, VA 22656 D.B. 542. PG. 35 Zoning: RP T.iVI. 45-4-1-2 Clark D. & Barbara K. Portincy 1281 Jordan Springs Road Stephenson, VA 22656 D.B. 542. PG. 35 Zoning: RP T.M. 45-5-2-16 N/lichael S. & Joan B. Sigler 141 Hummingbird Lane Stephenson; VA 22656 D.B.484. PG.234 Zoning: RP T.N1. 45-4-1-3 John N/I. & K..Iune Conley 1327 .Jordan Springs Road Stephenson, VA 22656 D.B.484. PG.22 Zoning: RP T.M. 44-A-293 Brookfield Stephenson Village, LLC INSTR. #: 040002 293 Zoning: R4 Mailing Address: PO I3ox 2530 Winchester, VA 22604 Mailing Address: PO Box 218 Stephenson, VA 22656 Mailing Address: 8500 Executive Park Avenue Suite 300 Fairfax, VA 22031 TA. 45-9-3-2 «Villiam D. & Patsy L. I-Ioffinan 163 Monastery Ridge Road Stephenson, VA 22656 D.B.585. PGA42 Zoning: RA T.M. 45-8-3-3 Terry F. & Angela Rudolph 170 Monastery Ridgc Road Stephenson, VA 22656 INSTRX: 0500014891 Zoning: RA T.M. 45-9-3-4 Ervin W. & Barbara K. Simons 220 Monastery Ridge Road Stephenson, VA 22656 INSTR. 8:010007198 Zoning: RA 'r.M. 45-4-1-4 Christian F. Kiene 1373 .Jordan Springs Road Stephenson, VA 22656 D.B.509. PG.214 Zoning: RA 'r.m. 44-A-296 Herman D. Claar 102 Wood i\/Iill Road Stephenson, VA 22656 Zoning: RA TA. 44-A-297 & 297A Harold R. & Caroline D. Connor 1010 Woods Mill Road Stephenson, VA 22656 D.B.804. PG.207 Zoning: RA Mailing Address: PO Box 22 Stephenson, VA 22656 T.M. 55-A-135 Ronald A. & Mary C. Lee 1847 Martinsburg Pike Winchester, VA 22603 D.B. 867. PG. 1843 Zoning: RA T.M. 55A-1-22A Herman M Clark, III 966 Woods Mill Road Stephenson, VA 22656 D.B.840. PG.824 Zoning: RA T.M. 55A-1-21 Robert L. Williams 946 Woods Mill Road Stephenson, VA 22656 Zoning: RA TAN1. 55A-1-20 JRNV Properties Sc Rentals, Inc. 13 South Lol►C1oui7 Street Winchester, VA 22601 D.B.596. PG.515 Zoning: RA T.IVI. 55A-149 .1RW Properties & Rentals, Inc. 13 South Loudoun Street «Vinchcster, VA 22601 D.B.596. PG.515 Zoning: RA T.All. 55A-1-18 .1RAV Properties & Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B.596. PG.515 Zoning: RA TAL 55A-1-17 Tina Newlin 906 \Voods Mill Road Stephenson, VA 22656 D.B.960. PG. 103 Zoning: RA 1 .4 CURRENT OWNER: A//SSIONARY SERVANTS OF THE MOST HOLY TRINITY REF: TAX A/AP 44 - A PRCL 294 CURRENT ZONING: RA REQUESTED REZONING: B - 2 REZONING AREA /0.33 ACRES N45'00'00"E 140.00, M 7. 30'00"W 250.00' Nss: '•� °° S23.00'00"W J`\ 297.00' S_\ O0 _\ BOUNDARY INFORMATION SHOWN HEREON IS y \ COMPILED FROM EXIST ING LAND RECORDS /�\\ AND DOES NOT REPRESENT AN ACTUAL FIELD RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. 001 THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THEREFORE, THIS PLAT IJAY NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY. BUILDING LOCATIONS SHOWN HEREON ARE DETERMINED FROM AERIAL PHOTOGRAPHY AND ARE APPROX/MATE. 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. LRIAD nwa ocem�ea, e+c. 7 S14'20'23'1! 60 i 173.02' M 209' i / Ijn1I�1 30 00 N1m S79'56'54"E N81' 32' 1 8 "E 351 . 88' N C 353.27' N864 433'40"E N -�- - -- --- - -- o 00 , S89.18'03"E 900.00, S00.41'59"W qa F' 32.74 138.08, o o;�� • E -si .1 vppp 8. 97, NNo Oo 00 16.94' I I N I S89.18'03\E 900.00' I;I a o d�.. a o / h •O° \ 179.00' U N10 ly �! 563• R 1 S02'45'00"E 01`o r� 235.00' •1 U y Z �G?q m \� W W �Cp \ N83'00'01"W 105.00, .. 5 \ 3 yo Z h.�Y i---'- ----,`-523.30'00"E W =ice' 393.93' i- Q N84' 30' 00"W CC9 i- 514.09, F- !ati ooWrz< !QOO wrm=y'z Jr/p5 S azoR'aF aa, o u. N 0 a-9 Too o Too aoo zoo + 0 Nurrilan sc�, i•-Too• '� TO: FROM: COUNTY of FREDERICK MEMOMOND epartment of Planning anti Development 540/ 665-5651 FAX: 540/665-6395 Frederick County Board of Supervisors Eri c s R. Lawrence. AICP, Planning Director SUBJECT: Jordan Spl'illgs Proffer Amendment and Zoning Violation Resolution DATE: May 18, 2010 On April 14, 2010, the Board of Supervisors considered Rezoning #06-09 to revise proffered conditions associated with the Jordan Springs site. Tile proffer amendment was initiated in ail attempt to expand the allowed uses on the property to address all eXlstlnb zoning violation. The Board expressed concerns regarding the potential broad expansion of permitted uses; as well as potential hours of operation, noise, and lighting issues that nliallt occur if the broadened pernlittecl uses were enabled outside of the historic structure. At the request of the applicant, the Board ultimately tabled the application. The applicant and staff have diet and discussed various avenues aimed at satisfying the Board's expressed concerns. The applicant has drafted a revised proffer statement that more clearly identifies the permitted uses on file property. Tile applicant has also submitted a request to amend the County Code pertaining to festival permits to enable an annual festival permit. Ultimately, if the Code is amended, the applicant could seek an annual festival permit to enable Outdoor activities Oil the Jordan Springs property — the festival perllllt process could also be Used to address hours of' operation, noise, and lighting concerns associated with the outdoor activities. To achieve the desired expansion of permitted uses on the site — via a proffer revision and all annual festival permit - the applicant has requested that actions pertaining to the Jordan Springs property be deferred to allow time to properly craft and amend the County Code pertaining to festival permits. A copy of the applicant's request for deferral of the applications and the zoning violation is attached. Staff seeks direction fl'Oiit the i30(11'(t f)ei-tainin to the (q)lVic nt'S requestfir(IL'fL'i'i'(1l until the Co!!lllj, Code IS reNsed to enable an !lililU(!t'_,t sthwl permit (!jvlic(1t1011. Such a deferment would exceed the previously established June 1, 2010 deadline to bring the property into compliance with the Zoning Ordinance. Please contact staff should you have questions. Attachments I RI,/bad 107 North Kent Street, Suite 202 0 NVinchester, Virginia 22601-5000 HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester. Virginia 22604 Telephone 540.667.1266 VIA EMAIL AND REGULAR MAIL Mr. Richard C. Shickle, Chairman Frederick County Board of Supervisors 292 Green Spring Road Winchester, VA 22603 Mr. Christopher E. Collins Frederick County Board of Supervisors 120 Sesar Court Winchester, VA 22602 Mr. Bill M. Ewing Frederick County Board of Supervisors PO Box 27 Stephens City, VA 22655 Mr. Gene E. Fisher Frederick County Board of Supervisors 246 Bush Drive Winchester, VA 22602 Stephen L. Pettler, Jr. Facsimile 540.667.1312 petticr Harrison johnston.com Mobile 540.664.5134 May 14, 2010 Mr. Gary W. Dove Frederick County Board of Supervisors 821 Apple Pie Ridge Road Winchester, VA 22603 Mr. Charles S. Dehaven, Jr. Frederick County Board of Supervisors 2075 Martinsburg Pike Winchester, VA 22603 Mr. Gary A. Lofton Frederick County Board of Supervisors 711 Buffalo Marsh Road Middletown, VA 22645 In re: Proffer Amendment RZ806-09•I-Iistoric Jordan Springs-, Tax Map Parcels #44-294 and 44-A-294A• 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Gentlemen: I represent Tonie Wallace Aitken and Greig D.W. Aitken regarding the above referenced proffer amendment which was the subject of a public hearing before you on April 14, 2010. As you will recall, the request was tabled in order to allow my clients and the planning staff to address issues which arose during the hearing. These issues pertained to clarification of the uses the owners wished to maintain at the property (as opposed to the broad SIC classifications stated in the language of the proffer amendment), and issues relating to noise and operations associated with the "special events" which the owners wish to continue to hold at the property. Letter to the Board of Supervisors May 14, 2010 Page 2 To address these issues, my clients and I met with planning staff and Supervisor DeHaven on April 29, 2010 to discuss the best way to address these concerns. As stated at the public hearing, the proffered uses submitted in the proposed proffer amendment were the result of previous meetings with staff and the desire to shoe -horn the actual and intended uses the owners wanted to maintain at the property into SIC classifications. My clients acknowledge the SIC classifications as previously submitted are broader than they intended. Further, as a result of the discussions on April 29, 2010, it was the consensus of the group that the best way for the County to monitor noise and operational issues at the property would be through a festival permit type mechanism which could be visited annually if there were any complaints regarding operations at the property. Unfortunately, the current Frederick County Code, Chapter 86 ("Festivals") does not provide such a mechanism. The result of the meeting was that the following action plan was developed: 1. The applicants would submit a revised proffer amendment which further limited the uses at the property to better reflect the actual and intended operations at the property to be considered by Board of Supervisors as soon as possible; 2. The applicants would formally request the Code and Ordinance Committee to consider amending Chapter 86 of the Code to provide for an annual "Special Events" permit which would apply to the types of operations at the property; and 3. The applicants would submit the revised proffer and an explanation of the outcome of the April 29`h meeting with staff and Supervisor Del-Iaven to you for your consideration in advance of the next meeting of the Board of Supervisors during which this matter is to be considered. Accordingly, attached please find the following: A. A draft of the proposed proffer amendment. This draft is intended to narrow the uses related to expositions and theatrical productions to "special events" as defined in the proffer statement. I worked from language in existing ordinances I found in researching this type of use. I have vetted this with the staff prior to submission to you. Please review this and provide any comments you may have so that we can submit a final proposed proffer for consideration. PLEASE NOTE: this proposed proffer statement is intended to be considered in conjunction with revisions to Chapter 86 of the Frederick County Code related to an annual permit which is intended to apply to "Special Events" held at the property. Letter to the Board of Supervisors May 14, 2010 Page 3 B. A letter to John Riley as Secretary of the Code and Ordinance Committee requesting revisions to Chapter 86 of the Frederick County Code consistent with discussions with staff and the issues raised by board members at the April 14, 2010 meeting. You will recall that the planning staff has imposed a June 1, 2010 deadline for the applicants to obtain a proffer amendment to address alleged non -conforming uses at the property. Mr. Lawrence addressed this issue at the April 14" meeting when the board discussed the tabling of the application. It is our understanding from discussions with staff that staff considers the applicants to be cooperating fully in addressing the unique issues raised by the business uses desired at the subject property, the only property in Frederick County which has an historic overlay district. However, all of the parties recognize it will be impossible to fully address the concerns of board members, staff and the owners without first obtaining an amendment to Chapter 86 of the Frederick County Code so that a special events permit can be developed and implemented. This process will take longer than the deadline imposed by staff. I also understand that members of the Board of Supervisors might be hesitant to act on the revised proffer statement submitted by the applicants until the particulars of the special events permitting process are finalized so that members can be assured that their concerns about the uses at the property are addressed through this mechanism. I understand from staff that it follows the direction of the Board of Supervisors regarding how its resources are expended in enforcing ordinance violations. Therefore, on behalf of my clients, I ask that the Board of Supervisors consider directing staff not to put this application on the agenda until Chapter 86 of the Frederick County Code has been amended to reflect the concerns raised by all the interested parties in this matter. In conjunction with this I also ask that staff be directed to permit an extension of the deadline imposed for the amendment of the proffers related to the property to coincide with the expected completion of the ordinance amendment and meetings of the Board of Supervisors necessary to effect the changes which will address all of the concerns of the parties in a thorough and clear manner. I recognize this letter and the attached documents are lengthy. My clients and I appreciate the time and attention spent by you in reviewing this matter. However, it is our intention to clearly address everyone's concerns, and we believe this is an efficient manner by which to do so. If it is not, please let me know so I can assure we are addressing everyone's concerns in an efficient manner. We look forward to your observations and comments regarding the proposed amendments. With best regards, I am Letter to the Board of Supervisors May 14, 2010 Page 4 Attachments cc: Eric Lawrence, Planning Director Clients AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZfl06-09 PROPERTY: Historic Jordan Springs Tax Map Parcels 444-294 and 44-A-294A 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonic M. Wallace, husband and wife PROFFER DATE: 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: I. Health Services 2. Legal Services 3. Engineering, accounting, research, management and related services 4. General business offices 5. Public buildings 6. Museums as an accessory or secondary use 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. Residential uses which are accessory to allowed business uses. Respectfully submitted this day of 12010, GREIG D. W. AITKRN STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of May, 2010, by Greig D. W. Aitken. NOTARY PUBLIC Registration No.: My commission expires: Respectfully submitted this day of , 2010, TONIE M. WALLACE The foregoing instrument was acknowledged before me this day of May, 2010, by Tonie M. Wallace. NOTARY PUBLIC Registration No.: My commission expires: HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 May 14, 2010 John R. Riley, Jr., Secretary Frederick County Code and Ordinance Committee 107 North Kent Street Winchester, Virginia 22601 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettler @i harrison johnston.com Mobile 540.664.5134 In re: Request for Amendments to Chapter 86 (Festivals) of the Frederick County Code Mr. Riley: I represent Tonic Wallace Aitken and Greig D.W. Aitken. They are the owners of Historic Jordan Springs, Tax Map Parcels #44-294 and 44-A-294A in the Stonewall Magisterial District. They currently have pending an application to amend proffers related to this property by way of Proffer Amendment RZ#06-09. This application was tabled by the Board of Supervisors at its April 14, 2010 meeting in order to allow my clients and the planning staff to address issues which arose during the hearing. These issues pertained to clarification of the uses the owners wished to maintain at the property (as opposed to the broad SIC classifications stated in the language of the proffer amendment), and issues relating to noise and operations associated with the "special events" which the owners wish to continue to hold at the property. To address these issues, my clients and I met with planning staff and Supervisor DeI-Iaven on April 29, 2010 to discuss the best way to address these concerns. As a result of the discussions on April 29, 2010, it was the consensus of the group that the best way for the County to monitor noise and operational issues at the property would be through a festival permit type mechanism which could be visited annually if there were any complaints regarding operations at the property. Unfortunately, the current Frederick County Code, Chapter 86 ("Festivals") does not provide such a mechanism. To this end, my clients hereby request the Code and Ordinance Committee to consider revising Chapter 86 of the Frederick County Code to provide for the establishment and implementation of a "Special Events" permit which could be issued on an annual basis to allow the County an opportunity to monitor and address issues which may arise as a result of the "Special Event" uses proposed by my clients for the Historic Jordan Springs property. The proposed uses are as set forth in the attached copy of the draft proposed proffer amendment my clients are vetting with planning staff and the members of the Board of Supervisors currently. In discussions with staff, it is anticipated that an application form similar to the existing festival permit application form could be used to identify the estimated number of events to be held each year and whether they occur indoors or outdoors. It would be expected that the ordinance would address Letter to Mr. Riley May 14, 2010 Page 2 issues such as hours during which the events could occur, noise levels resulting from the events, and other issues identified by the staff which customarily occur as a result of these type of events. Thank you for the committee's consideration of this request. Please contact my with any questions or concerns. With kind regards, I am Very truly yours, Ste OPettl S L /sp Attaclunent cc: Eric Lawrence, Planning Director Members of the Board of Supervisors Clients REZONING APPLICATION #06-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supei-visors Prepared: May 18, 2010 Staff Contact: Eric R. Lawrence, AICP, Planning Director Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at !-Applicant's request. 05/26/10 Pending PROPOSAL: To revise proffers associated with Rezoning 1110-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). 1-1 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/26/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (oullined in the site history portion on Rage 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. This application was reviewed by the Board of Supervisors on April 14, 2010, and following the public hearing, subsequently tabled at the applicant's request. The board expressed concerns with components of the application including: proffered uses may be too broad, welcoming unanticipated and unwelcomed uses, and potential for excessive noise and lighting generated by the outdoor activities. At the Board's April 14, 2010 review, the tabling action did not specifically contain a return timeline, but discussion suggested a 45 day target with flexibility and preference to return the application to the Board sooner rather than later. The applicant has requested that actions on the proffer arnendnlent, and associated zoning violation and enforcement, be deferred until the County Code is revised to enable for all a1111Ual festival pern-iit t0 be Sought. Staff will Offbi- the Board a brief update Oil this application on May 26, 2010, and seek the Board's concurrence with the applicant's approach towards completing the proffer amendment and zoning violation abatement. Staff is seeking the Boards concurrence n4th the applicant's thne line approach to rente(lyin the e_ istin Gonin violation. The applicant should be prepared to adequatel), alldi'eSS all concerns raised by the Board of Supervisors. Rezoning 406-09 — Jordan Springs Property May 18, 2010 Page 2 This i,epoi,t is pi,epai,ed by the I'i-e(lerick Comaj) Planning Staff to provifle infoi-oration to the Planning Commission and the Board of Supervisors to assist them in malfin a decision on this application. It ma}, also be iiseful to others interested in this zonim matter. Unresolved issues coilcei71ina this application are noted by staff whei-e relemnt throughout this stuff 1-epo,-t. Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Public Hearing held; action Tabled at Applicant's request. 05/26/10 Pending PROPOSAL: To revise proffers associated with Rezoning #01-07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Ovcrlay Zone Nvith proffers to 132 District with I -IA with revised proffers. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions 00 PROPERTY ZONING: 132 (Business General) District with a Historic Area (I -IA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District Use: Agricultural / Residential East: Zoned RA (Rural Areas) District Use: Agricultural / Residential Zoned RP (Residential Performance) Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Rezoning 11106-09 — Jordan Springs Property May 18, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass without driving' on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sig lit distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering' the outbound lane. This will probably take a bit of engineering clue to the shallow cover at the existing drainage pipe. Club and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. Planning Department: Please see allached letter elated Jlme 12, 2009,fi-onl Eric R. Laivrence, AICP, Planning Director. Historic Resources Advisor Board: Please see allached letter dated December 1, 2009, firoin Candice E. Perkins, AICP, Senior Planner. Planning &: Zoning: 1) Site Histol-y The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Benedictus and more recently as offices for County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning 1/10-01 for Jordan Springs (County Court Reports, Inc.) Nvhich rezoned the 10.33 acre site from the RA District to the B2 District with a I -IA Overlay Zone. Rezoning 410-01 restricted the site usage to: Health Services, Legal Services, Eng'ineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the sl miter of 2009, the property oit)nei*s Were inforined that certain activities being conducted on the site (spe'cial ei,ents such (is Weddings, dinners and other events ivere not permitted and Were in violation of the use conditions associated ii,idl Rezoning #10-01. It Was further cwplained that In order to renlellj, this violation, the property owner needed to secure a proffer antendinent including the neit, uses, secure an approved site plait that addresses purling areas on the site andfinallji, implement the iiilpi'oi eiiteilts specif ed oil the site plan. The proffer aineiidirieiit proposed With this application is the firststep necessaq to resolve the violations on the property. Rezoning 1106-09 — Jordan Springs Property May 18, 2010 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the conimumty's guide for making decisions regarding development, preservation, public facilities and other Ice), components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. %Comprehensive Policy Plan, P. 1-11 The subject properties (portions currently zoned B2/I-IA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area Nvith a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of' land zoned B2/I-IA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning 410-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings; and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning 1106-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning 410-01. 3) Pi•offei• Statement — Dated November 3, 2009; Revised .January 19, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, Accounting, Research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums as an accessory or secondary use • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services Rezoning #06-09 — Jordan Springs Property May 1 S, 2010 Page 5 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by prol'fer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's represeIltative was available to answer questions from the Commission. There were no CitiZeil Cornil1entS during, the public confluent portion of the hearing. No issues or areas of concern were raised by the Commission. The Commission unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner Manuel abstained.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment Is Iecessary to resolve existing zoning violations On the property concerning Uses being conducted that are not permitted by proffer (oullined in the Site hlstolypollioll on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 4/14/10 MEETING: This application was reviewed by the Board of Supervisors on April 14, 2010, and following the public hearing, subsequently tabled at the applicant's request. Tile Board expressed concerns with components Rezoning 1.-06-09 — Jordan Springs Property May 18, 2010 Page 6 of the application including: proffered land uses may be too broad, welcoming unanticipated and unwelcolned uses, and potential for excessive noise and the hours Of operation of the outdoor activities. No citizens spoke during the public hearing. At the Board's April 14, 2010 review, the tabling action did not specifically contain a return timeline, but discussion suggested a 45 day target with flexibility and preference to return the application to the Board sooner rather than later. CONCLUSION FOR MAY 26 2010 BOARD OF SUPERVISORS MEETING: The applicant is working to address the Board's concerns by revising the draft proffer statement and seeking to enable an aimual festival permit to enable the outdoor activities. The annual festival permit Would enable the Board to grant permission for the Outdoor activities on an annual basis, and enable the applicant to address any concerns that may have arlscn during the previous season. The County Code would need to be revised to enable an annual festival permit as the permit is presently only available on an event basis; the applicant has provided the County with a written request to seek the Code amendment. The applicant has requested that actions on the proffer amendment, and associated zoning violation and enforcement, be deferred until the County Code is revised to enable for an annual festival permit to be sought. Staff will offer the Board a brief update on this application on May 26, 2010, and seek the Board's concurrence with the applicant's approach towards completing the proffer amendment and zoning violation abatement. Stuff is seeking the Board's concurrence ivith the applicant's tune hale al)J)roach to Yemei-Ij)inI the evlstin' zoulub Violation. The applicant should be preplrred to adequate 11, a& -ess all concerns raised by the Board of Supmi-i4sors. REZONING APPLICATION 906-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supervisors Prepal'ed: April 5, 2010 Staff Contact: Eric R. Lawrence, AICP, Planning Director Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Pending PROPOSAL: To revise proffers associated with Rezoning J110-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (FIA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1 160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (FIA) Overlay Zone with revised proffers for the Historic .Jordan Springs Properly. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning Uses being Co1ldUcted that are not permitted by proffer (oullinel1119 the site hisloiyporlion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. 1'ollolvin the i'equh-ed public hem -in' , a decision i-quai'din this i-ezoning application by the Board of Supei'visois would be appropriate. The applicant .should be prepared to adequately adlh'ess till concei'lis i-aise'd by the Boai,d of Supei'visoi's. Rezoning 1106-09 — Jordan Springs Property April 5, 2010 Page 2 TIIIS i'ejloi't IS pl'ep(ll'L'CI by the Fi'e(lei'iCI( CO1[/lty I'la/1/11/1g Stllff to pi'ovllle i/lfoi-matlon to the Plannina Commission and the Boai-d of Sllpe/'vlsll/'s to assist them in /nakin a decision on this application. It ma P also be useful to others intei'este(1 in this zonincy mattes% Uil/'esolved issues Concei'llin this application ai'e noted hY staff lvhei'e relevant thi'ou hoot this staff i'epol't. Reviewed Action Planning Colnmission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Pending PROPOSAL: To revise proffers associated with Rezoning 110 1 -07 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (1-IA) Overlay Zone with proffers to 132 District with HA with revised proffers. LOCATION: The property is located at 1 160 .lordan Springs Road and Fronts the cast and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: 132 (Business General) District with a Historic Area (HA) Overlay Zone PRESENT USE: Historic and Conlnlcrcial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Plaillled C0I11111Llnity) District South: Zoned P\-A (Rural Areas) District Last: Zoned RA (Rural Areas) District "Zoned RP (Residential Performance) Use: Agricultural / Residential Use: AgricLltural / Residential Use: Residential West: Zoned P.A (Rural Areas) District Use: Agricultural / Residential Rezoning 406-09 — Jordan Springs Property April 5, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will deed to be widened, to allow two vehicles to pass without driving on the brass, a SLIfflClent distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering the outbound lane. This will probably take a bit of engineering clue to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. Planning Department: Please see attached letter datedJune 12, 2009,ftom Eric R. Laivi-ence, AIC'P, Planning Director. Historic Resources Advisor Board: Plectse see attached letter dated December 1, 2009,.fi-om Candice E. Perkins, AICP, Senior Planneir. Planning & Zoning: 1) Site History The original Frederick County ZOr1111g Mall (U.S.G.S. StepliciisOil QUadraii(dc) depicts the zoiiiiio for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classificatimi. 'fhe A-2 classification was modificcl to RA (Rural Areas) District on February 14, 1990 during the comprehensive ame11dmcilt to the CO1111ty'S Z011rllg Ordiiiailee. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et BCIlecliCtLIS and more recently as offices for County Court Reporters, Inc. In 2001, the Frederick County Board Of Supervisors approved Rezoning 1110-01 for .lolrclail Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site front the RA District to the B2 District with a I -IA Overlay Zone. Rezoning 1110-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the silii mei' of 2009, the proj)erth mvnei's Wei-e inf )i'illed that cei' ain (activities being conducted on the site ('special events such as iveddings, dinners and other events) Yvem not permitted and we're in violation of the use conditions associated ivith Rezoning #10-01. It WQS flli'ther explained that in order to i'emedp this violation, the j)i'oj)ei't), ojvnei' needed to secure a proffer amendment including the nely uses, secure an approved Site plan that addi-essespai-king areas on the site and, finally, implement the iiilj)i'oveiiieilts vj)ec f ed oii the site plan. Tlie pi'offL'i' Qiiieiidilieiit pPoi)osed with thiv (ij)j)lic(itioii iv the.fli'st 5'tep iiecessaiy to resolve the violations on the property. Rezoning 806-09 — Jordan Springs Property April 5, 2010 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the C011111111111ty'S gU1CIC for making decisions regarding development, preservation, public facilities and other kcy components of community life. The primary goal of this plan is to protect and improve the living crivll'onincrit within Frederick County. It is in essence a composition of policies used to plan for the fUtUCC physical development of Fredcrlck County. [Comprehensive Policy Plan, p. I-1] The subject properties (portions currently zoned 132/I-IA) arc within the limits of the Sewer and Water Servicc Area (SWSA). The Sewcr and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land IISC designation. The applicant is requesting to revise the proffers for 10.33 acres of' land ronecl B2/I-IA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning # 10-01 restricted the site usage to: I-Icalth Services, Legal Services, Engineering, Accounting, Research inanagenlcnt and related services, Gcneral business ofFiees, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning 1/06-09 seeks to add Museums, Eating and drinking places, Exposition opera11ons and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning 1/ 10-01. 3) Proffer Statement — Dated November 3, 2009; Revisal January 19, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, Accounting, Research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums as an accessory or secondaly use • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services Rezoning #06-09 — Jordan Springs Property April 5, 2010 Page 6 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (FIA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. "]'his proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning Uses being conducted that are not permitted by proffIcr (oullined in the rile history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the LISCS. PLANNING COMMISSION SUIMMAI2Y AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen comments ClUrI ng the public comment portion of the hearing. No issues or areas of concern were raised by the Commission. The Commission Unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; ColnnmlSSlolnCI' MaIILICl abstained ) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned 132 (General Iusiness) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (FIA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provicle for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of stal7's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning Uses being conducted that are not permitted by proITcr (oullined in the site hlsloi' l porlion on page 3). Approval of this proffer amendment will also require the property owner to innplCment parking improvements to accommodate the LISCS. Folloivin- the required public hearing a decision regarding this rezoningapplication by the Board of Supervisors ivould be appropriate. The applicant should be prepared to adequately address all concerns raised 0 the Board of'Supervisors. AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#06-09 PROPERTY: Historic Jordan Springs Tax Mal) Parcels 1144-294 and 44-A-294A 10.33 Acres Zoned B2 (Business Gencral) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Toni M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Toni M. Wallace, husband and wife PROFFER DATE: November 3, 2009; Revised .lanuary 19, 2010 The Applicant hereby proffers that the use and development of the subject property ("Property"), as identified above, shall be ill strict colllormance with the followlllg conditions, which shall be in addition to the proffers made and elated Deccniber 11, 2001 per that certain'Orclinance Amending The Rezoning District Map, Rezoning 4 10-0 1 of JOrclan Springs dated December 12, 2001. Ill 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. FLIrtllCl', this pl'Offel' Is C011tlllgellt upon acceptance of the proffer by a final rezoning of the Property with "final rezoning" clefined as that rezoning which is in effect on the clay following the last clay upon which Frccicricic County Board of Supervisors' ("Board") is contested, the term l'eZ011illg shall include the clay following entry Of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the cecision has been affirmed on appeal. The Applicant hereby proffers as follows: Transportation Conduct cletailed 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 ROUtc 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 applicant proffers to prohibit all uses on the Property that are otherwise allowed in the B2 General Business District except the following: Limitt tlc-a-l-leweel-this te: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums as an accessory or secondary use Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services Respectfully submitted this /% r day of -`f , 2010, %E%litirritiii NOTARY J . PUP LIC �� REG.Y2='-38 O '• EXPIF,ES '•.10,;31,2012, Q, GREIG D. W. AITKEN Respectfully submitted ll}is, day of 12010, ;:•PAN,....,,, ���,� 'rJOTARY J PUBLIC53 TOME M. WALLACE REG. 2�1038 o. EXPIRES ���� '�,10;51;2012,•'� C� ;� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thisU tday of January, 2010, by Greig D. W. Aitken. 1 � `,, I r r fill, �`,•�NP S UE c''�,,, NOTARY' ' e •'•' J PUBLIC o EXFIR[S ,10/31/2012. 'IFA LTH Registration No.: My commission CXpll'es: a_ _ I� 7 NOTAR 'PUBLIC +k The foregoing instrument was acknowledged before me this Ir day of January, 2010, by Tonic M . «Vallace. \-�P SU& cy �P NOTARY p� J PUBLIC - REG.-'2ri38 �r n i;i'( COI.iLi!SSIOiJ �. O EirIFIES li ell LTH �,�` NOTARY PUBLIC Registration No.: 2 'T 19 3 D My commission expires: 10 ,� I �� Pr•rperty Identification IV.•:T[t�i �a•r�.?+.j) i��r `3trict Po,. , or P reli mi n ar_Y-NL=Y.j pu mam tu oc.,'ien so,z_ or the code oFvir�;.nic. I?50, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the under:. _�: —^' "=-"; -offer that in ft event the: Board of Supervisors of Frederick (AuLt�. Virai.ua n,iali aNu�c �e Rezoning f.pp:ica:��.: ;,'.l C_' fjr th-j 'mooning of 10.33 (+; ; -r7"-3 -`torn le.T-Pkl. Arm cRA . Lomnz Dismc. 10 riuzirizes vCuci.at (�-2; Zoning District a -� " ?•' (HA) Overlay "lone. Dcvclopmem of the sunlcct prop V shall be done ir, conformity with the tams and conditions set forth herein, cX'-rpt to the. extent that such -erns ann cortd:ricns may be subsequently amer..e-: or revised by the applicant ad such-pl--vr:a by the Fredaick County hoard of :�,unervisors is uccordanee wilt Virginia law. In the event that such rezoning is not g=tod, then these proffers shall be deemed w i.ha. ati u .i,d have no effect whatsoever. The undersigned, that owms the above desarbed property, hereby voluarily proffers that if the Bor-�' - f r:--,r c.rs fct the C= cmrt rf 57z'— ck nttJ_ ;*-nia rpprevcs the rezoning fa- ...e 10.33 r+ ' 1 1 :res the a -.i. ra art :'1 Transaov:;:riZ;:+ '.. :J". -►nd ac,:'; sis st ±ac si%e:laaming stage in accordance with the Virginia Department of Transportation (VDOT) standards. Pfevidc aecessazvri&m Jt wA � ai jag Rjuzi: --- - .cr rjae i..=.: VDOT. F.�;u u z� sl:alI Ire iiLiit za zx a ��) ,: a rc:.; a:t�.Lces onto r rt4. All ecc-a-:ces shah be constructed in accordance with VDOT standards and Frederick County standards. Allow ed Isar Unit the allowed uses to: Health Setvicca Legal Services En.ginecring, accounting, research, mmiagement and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses I-EZONING REQUEST PROFFER r --- - - c•r � r-. ti 7�ir':�Prl2� [?lpti!!'l �' 1 ZL•�E I L;: z `.ac allowed business sign to one sign- The sign Aall be of monuricmV . e c):uc istrtion and limited to fUty (30) s:�,:,arc f�et :a c." a p�ac:tr i. u;--�.-,�urnvementi iu i,:crPQ St►►zrt�Eb Syvtu:l PqL E!oyu'e _ a. IJ 'ty-tyne fencing alonQihe oararneter,)� ,.he la.::•'-:ate= sy5t. pond that �tvices the 10.33 (+/-) acres. Th- c n:d--ti:.ns rr^ t*ed 2}nv� shall be bir&ng upon the heirs, mccutm-s, aaminW aw-ra, ^x r- ip iTttet of the Appicant and Owner. in tba cvctii t Fi trick �:-.._� FJ:r of 5upervisvrs grant said rezoning and accepts these conditions; the r•�ra-t �i �r,,,ut;rrs s?�a�)[I� t :r. "~on to other requirements set trY1- 'n -tr F—der ck 17maty - 1: pRQPERTY OWNER iii r onary S-ervaitts ei d-P ,%doo' Holy i -.in.'ty �--.--- STA.T'E OF MARYLAND. AT LAttUE MONTGVN[E3Y CGUNZ-', To -Wit: The foregoing instrument was a0mowledged before me this 11 th day of 0ecembe r, 2001. inv i nmmission rApiis is �^111 1 'Notary public: Revised 12/052001 p= Frederick County S and Plnnaink 1. u rrmum wuUILCU - TJTi L P . W REZONING APPLICATION #06-09 JORDAN SPRINGS PROPERTY Staff Report for the Board of Supervisors Prepared: January 20, 2010 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 01/27/10 Pending PROPOSAL: To revise proffers associated with Rezoning #] 0-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to acid permitted uses on the site. LOCATION: The property is located at 1 160.1orclan Springs Road and fronts the west side of.lordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/27/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jorclan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permittccl by proffer (oullinecl in the site hi.sloiy portion on Page 3). Approval of this proffer amcnclment will also require the property owner to implement parkin` improvements to accommodate the uses. 1'olloivin the rel(nired public bearing, a decision regarding this rezoning application by the Board of Supei•visoi's ivonlll be appropriate. The applicant should be prepared to adequately allllress all concei•ii.s raised by the Boat-d of Supervisors. Rezoning 406-09 — Jordan Springs Property January 20, 2010 Page 2 This i-epoi-t is pi-epai-ed by the Frederick County Planninb Stlrff to pi-oville iirforination to the Plannin, Commission and the Boai•d of Supervisors to assist their in making a decision on this application. It may also be useful to others interested in this zoning matter. Muesolved issues concerning this application are noted by staff where relevant thi-ou;hout this staff i-epoi't. Reviewed Action Planning Commission: 01/06/10 Rccommendcd Approval Board of Supervisors: 01/27/10 Pending PROPOSAL: To revise proffers associated with Rezoning 110 1 -07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone with proffers to 132 District with I -IA with revised proffers. LOCATION: The property is located at 1 160 Jordan Springs Road and fronts the cast and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions o1) PROPERTY ZONING: 132 (Business General) District with a Historic Area (HA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENTUSE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential Use: Agricultural / Residential Rezoning 1106-09 — Jordan Springs Property January 20, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass withOLtt driving on the grass, a SLifficicnt distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekendtu events, I do not believe a rn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering the outbound lane. This will probably take a bit Of CilginCCring CILIC to the Shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further continents for when I review the proposed entrance plan. Planning Department: Please see al/ached lelier Baled June 12, 2009, from Eric R. Lalvrence, AIC'P, Planning Direclor. Historic Resources Advisor- Board: Please see allached leller dated December I, 2009, from Candice E. Perkins, AIC'P, Senior Planner. Planning & Zoning: 1) Site Histo><w The Original Frederick COL1111y ZOriiiig Map (U.S.G.S. Steplicris011 QL1adra11glC) ClepiCtS t11C Zoning for the parcels which comprise the proposed 1'C`/_oiiiiig as A-2 (AgriCUltUral General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 Cluring the comprehensive anlendinent to the county's Zoning Orciiiiance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants Of the Holy Trinity, a rehabilitation center by Shalom et Beneclictus and more recently as Offices for COLInty COUrt Reporters Inc. In 2001 the Frcclerick County Board of Supervisors approved Rezoning ill 0-01 for Jordan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a I -IA Overlay Zone. Rezoning #10-01 restricted the site usage to: Hcalth Services, Legal Services, Engineering, accounting, research, management, and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the suiniuei- of 2009, the property oivnei's ivei-e infoi-med that certain activities being conducted on the site (special e),ents such as iveddulbs, dinners and othei- events) ivere not pei-mitted and Were in violation of the use conditions associated With Rezoning #10-01. It ivas fui-thei- explained that in of-dei- to mmedV this violation, the property ojviiei- needed to secin'e a prgffei- amendment including the neiv ii.Ses, secure an approved site plait that adds-esses pai- in areas on the site and, finally, implement the impi-ovements spec{f ied oii the site plan. The proffer aiiieiidiiieiit pi-oposed with this ripplicatioii is thefirststep necessary to resolve the violations on the property. Rezoning 406-09 — Jordan Springs Property January 20, 2010 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public doeLIMC11t that serves as the community's guide for slaking decisions regarding development, preservation, public facilities and other key components of con1InUnity life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of'Frederick County. [Comprehensive Police Plan, p. 1-1 J The subject properties (portions currently zoned 132/I4A) are within the limits of the Sewer and Water Service Area (SWSA). The Sewcr and Water Service Area defines the general area in which Vlore inteIlsive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. "I he applicant is requesting to revise the proffers for 10.33 acres of land zoned 132/1-IA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning 1110-01 restricted the site usage to: Health Services, Legal Services, Engineering, accounting, research, management, and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning 1106-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning #10-01. 3) Proffer Statement — Dated November 3, 2009; Revised January 19, 2010: A) Allowed Uses • Health Services • Legal Services • Engineering, accounting, research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums as an accessory or secondary use • Eating and drinking places • Exposition operations • "Theatrical Producers and Miscellaneous Theatrical Services Rezoning 1106-09 — Jordan Springs Property January 20, 2010 Page 5 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay lone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that arc not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen comments during the public comment portion oI the hearing. No issues or areas of concern were raised by the Commission. The Commission unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner Manuel abstained.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/27/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned 132 (General I3usiness) District with Historic Area (I -IA) Overlay lone to B2 (General Business) District with Historic Area (I -IA) Overlay lone with revised proffers for the Historic Jordan Springs Property. ']'his proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of tine Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined ill the Site hisloly pol'tlol? on page 3). Approval of this proffer annenclment will also require the property owner to implement parking improvements to accommodate the uses. %`olloivin the required public heal-i , a decision 1'ebllrdin tills mzonlllb application by the Board of SupePVlSoi-s would be approlviate. The applicant should be pl'epal'ed to adequately address all concerns 1•aised by the Board of Supel•visol•.v. REZONING APPLICATION 906-09 JORDAN SPRINGS PROPERTY Staff Report for the Planning Commission Prepared: December 18, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 01/06/10 Pending Board of Supervisors: 01/27/10 Pending PROPOSAL: To revise proffers associated with Rezoning 410-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (IIA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The properly is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I IA) Overlay Zone to B2 (General Business) District with Historic Area (I IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. 1'ollo1Ui11Q the required public hearin„ a recommendation reJ;artlin" this rezoning application to the Board of Supervisors would be appropriate The applicatitshould be pl•epared to atlegctateIV address all concerns raised bj/ the Planning Colt"',isslo". Rezoning 1106-09 — Jordan Springs Property December 18, 2009 Page 2 THIS report IS prepared by the Frederick Couuty Plllilnin Staff to provide Injormatlon to the Planning Commission and the Board of Supervisors to assist them in making !1 decision on this Qp1lllClltloil. It may also be 1lSC.f d to others interested In this zonin matter. Unresolved ISSUES concerning this application are noted by Staff Where relevant throughout this Stuff report. Reviewed Action Planning Commission: 01/06/10 Pending Board of Supervisors: 01/27/10 Pending PROPOSAL: To revise proffers associated with Rezoning 1/01-07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone with proffers to 132 District with I -IA with revised proffers. LOCATION: The property is located at 1160 .Iorclan Springs Roacl and fronts the east and west side of Jorclan Springs Road (Route 664) and fronts the west side of Woocl's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: 132 (Business General) District with a Historic Area (I -IA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District Use: Ag1-ICUltural / Residential East: Zoned RA (Rural Areas) District Use: Agricultural / Residential Zoned RP (Residential Performance) Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Rcsiclential Rezoning 1106-09 — Jordan Springs Property December 18, 2009 Page 3 REVIEW EVALUATIONS: Vii-gi lia Dept. of Transportation: is driveway pavement will need to be Widened, to allow two vehicles to pass without driving on the grass, a SLIffiClCnt distance to allow for a reasonable OLItbOLind queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lade is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering the outbound lane. This Will probably take a bit of Cngiriccring due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any furtlicr Comments for when I review the proposed entrance plan. Planning; Department: Please see cillacheclleper claledJime 12, 2009,.fi'oin Eric R. Laivi-once, AICP, Planning Director. Historic Resources Advisor Board: Please see allacbecilelleir claled December 1, 2009,.fi'on? C'aixlice E. Perkins, AAUP, Senior I'lannu. Plannin, & Zoning: 1) Site Histoti, The original Frederick County Z011ing Map (U.S.G.S. SteJACIIS011 QUadrangic) depicts the zoning 101' the parcels which comprise the prol)osed rezoriiilg as A-2 (A(1riCL1ltL1raI General) District zoning classification. 'fhe A-2 classification was modificcl to RA (Rural Areas) District on February 14, 1990 during the conlprehensivC amendment to the county'S Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants Of the Holy Trinity, a rehabilitation center by Shalom ct Bencdictus and more recently as offices for County Court Reporters Inc. In 2001 the Frederick County Board of Supervisors approved Rezoning # 10-01 for .1o1'Clan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a I -IA Overlay Zone. Rezoning 910-01 restricted the site usage to: I-Icalth Services, Legal Services, Engineering, accounting, research, management, and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the summer of 2009, the property owners ivei'e lilfoimed that certain activities being conducted on the site special events such as ived(liilgs, dinners and other ei,ents) ;vere not pei'Ulitted and were' in violation of the Use coilditioils associated with Rezoning #10-01. It was f(m'ther explained that in order to remedy this 14olation, the property owner deeded to seci11'e a pi'offe'i' amendment inclalliilg the Ueiv uses, secum an approved Site plan that addresses plli'IUng areas on the site an(I, j1nallj,, implement the iiilpi'oveiileiity specified oii the Site plan. The pi'offei' aiile'illliileiit proposed with this (lpplicatloil i.v the first Step ile'cessaly to resolve the violations on the property. Rezoning H06-09 — Jordan Springs Property December 18, 2009 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is ail official public document that serves as the C01111111Inity'S gLllcle for making decisions regarding clevelopment, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical clevelopment of Frederick County. [Comprehensh,e Policj�Plan, p. 1-11 The subject properties (portions currently zoned I32/I-IA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in Nvhich more intensive forms of planned commercial, and industrial clevelopment will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plait sllo\vs this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned 132/I1A and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rczoning # I 0-01 restricted the site Usage to: Health Services, Legal Services, Engineering, accounting, research, management, and related services, General business offices, Public 11 buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning 1106-09 seeks to acid Museums, Eating and drinking places, Exposition operations and Theatrical PrOdUCers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additiOnal LISCS and OppOrtUnitics On the site as well as legitimize LISCS Currently operating on the site in violation of the approved proffers from Rezoning 1/10-01. 3) Proffer Statement — Dated November 3, 2009: A) Allowed Uses • Health Services • Legal Services • Engineering, accounting, research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums • Eating and drinking places • Exposition operations • Theatrical Producers and Miscellaneous Theatrical Services STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Lone with Rezoning 1106-09 — Jordan Springs Property December 18, 2009 Page 5 revised proffers for the Historic Jordan Springs Property. "Phis proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff s concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (ouliinelt in the site histayhor/ion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Fol1mying, the i-equh-ed public heai-in„ a recommendation regarding this i'ezoninf; application to the Board of Snpei'V[soi-s iyould be appropriate. Tlie applicailt should he pi'epai'ed to adeltiiatelV adlh-ess all concerns raised Gv the Planning Commission. AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ06-09 PROPERTY: Historic Jordan Springs Tax Map Parcels 944-294 and 44-A-294A 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: 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 # 10-01 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 tern 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 Engineering, accounting, research, management and related services General business offices 5. Public buildings Museums as an accessory or secondary use 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 day of 6abl2010, GREIG D. W. AITKEN T STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: J.� The foregoing instrument was acknowledged before me this day of•May, 2010, by Greig D. W. Aitken. NOTARY PUIILI Registration No.: `l�i � My commission expires: a ,3(_2o � MAUREEN A. GRItIO NOTARY ID # 7123235 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER31,2011 Respectfully submitted this � ay of , 2010, TONIE M. WALLACE The foregoing foregoing instrument was acknowledged before me this, 0�day of ; 2010, by Tonie M. Wallace. NOTARYINAk C Registration No.: MAUREEN A. GRILLO NOTARY ID # 7123235 My commission expires: NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2011 PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#09- PROPERTY: Historic Jordan Springs Tax Map Parcels # 44-A-294 and 44-A-294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonic M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonic M. Wallace, husband and wife PROFFER DATE: November 3, 2009 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#10-01 of Jordan Springs dated Decemberl2, 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 the Frederick County Board of Supervisors' ("Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision 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: Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services Respectfully submitted thisday of2009) GREIG D. W. AITKEN TON] E M. WALLACE STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this f' day of November, 2009, by Greig D. W. Aitken. f C� NOTARY �); VU S UElC,��� Registration No.. I d 0 ��P� NOTARY'-. w � J : '., My commission expires: 10 PUBLIC �REG, #241038 MY COMMISSION Q Off'. EXPIRES STATE OF VIRGINIA, AT LARGE �;,2�0 • i ,.....012,,!<Z1, `w '�sf FREDERICK COUNTY, To -wit: ; vltiFq : The foregoing instrument was acknowledged before me this day of November, 2009, by Tonic M. Wallace. 0-L NOTARY PUBLIC P SUE• Registration No.: a C1 b �. ��• • • • • • �- .� P 'NOTARY ' •9%�~�, My commission expires: Q— PUBLIC „� y REG. #241036 * : MY COMMISS104 EXPIRES • ; p 1Qr31/2012 2 '�.,,�11L11fitt� m`11A, r r� From: Eric Lawrence To: Paige Manuel Cc: Greig Aitken ; Tonie Wallace -Aitken Sent: Wednesday, August 12, 2009 9:08 AM Subject: FW: Jordan Springs entrance Hi Paige. Per your request, I have obtained VDOT's comment pertaining to entrance improvements that are required at the Jordan Springs site entrance. I have confirmed with VDOT that these comments are their official comments associated with the pending Special Events proffer revision. -Eric From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingiraiii, Transportation Ettgineer Virginia Depai•tnieitt of Transportation Edinburg Residency — Latid Developmeitt 14031 Old Valley Pike Edinburg, Virginia 22824 Date: 1/25/10 Cash Re 'ester: Time: 15:35:29 i Cashier: JUDY K HOCKENSMITH Account Cust.Tf�Lnsactions: Trans. Type: PAY Dept/Bill#: RE2009 00003360002 P/I Date: 1/25/2010 1/25/2010 Name: AITKEN GREIG D W Bill Date: 12/08/2009 Half: 2 Name 2: - Address: & WALLACE TONIE M Map#: 44 A 294 1160 JORDAN SPRINGS RD MMMMMDDSSLLLLSS STEPHENSON VA Acreage: 55.67 Dist/Cls 05 / 02 Zip: 22656 - Mortg.Co.: Desc: 5T-.6-7 ACRES SSN: 000 - 00 - 0000 Due Date T6-U-=17777=9 Lan ,4 Improve: Original Bill: $4,262.75 Credits: Penalty Paid: $.00 Int Paid: Amount Owed: $4,262.75 Other: Total Owed: $4,767.18 Penalty: Principal Due: 4262.75 Pen Penalty Due: 426.28 Total Amount Due: 476 ..18 Fl=Amt Tender F2=Next,Ticket Status: $1,517,500 —'—Use: $154,168 $,00 Discount: $.00 $.00 Last Date: 12/08/2009 $.00 Setoff Claim #: 00000000 $426.28 Interest: $78.15 Rate 10.00% Int Fact .016666 Dpt/Act cde Interest Due: 78.15 Aging: 0 years, 1 month, 1 days. Promise to Pay Date: F3=Exit F10=Funct Menu Date: 1/25/10 Cash RF .ster: . Time: 15:35:35 Cas ier: JUDY K HOCKENSMITH Accountn: 41 77 Cust.Transact'Ons. ate: 1/25/2010 Trans. Type: PAY Dept/Bill#: RE2009 00003370002 BillDDate: 12/08/2009 1Half: 20 Name: AITKEN GREIG D W Name 2: Map#: 44 A 294A Address: & WALLACE TONIE M MMMMMDDSSLLLLSS 11 JORDAN SPRINGS RD Acreage: 176.25 Dist/Cls 05 / 02 STEPHENSON VA Mortg.Co.: Zip: - SSN::000 - 00 - 0000 Due Date Desc: �5 ACRES _ - 0000 ITTUTT 69 Lan . $ 4 , Improve: Original Bill: $112.36 Credits; Penalty Paid: $.00 Int.Paid: Amount Owed:-$112.36 Other: Total Owed: $125.66 Penalty: Principal Due: 112.36 Pen Penalty Due: 11. - Total Amount Due: 125. Status: $ 0------IIs e: $ 4 4, 0 63 $.00 Discount: $.00 $.00 Last Date: 12/08/2009 $.00 Setoff Claim #: 00000000 $11.24 Interest: $2.06 Rate 10.00% Int Fact .016666 Dpt/Act cde Interest Due: 2.06 Aging: 0 years, 1 month, 18 days. Promise to Pay Date: ��=FY;t F10=Funct Menu 2009 T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2009 REAL ESTATE TAXES 176.25 ACRES 44 A Acres: Land: 44063 Imp: AITKEN GREIG D W & .WALLACE TONIE M 1160 JORDAN SPRINGS RD STEPHENSON VA 22656-2015 Ticket 4:00003370001 Date 9/04/2009 Register: JKH/LKHS2 Trans. #: 59602 Dept # RE200901 Acct# 41277 Previous 294A Balance $ 127.72 176.25 Principal Being Paid $ 112.36 0 Penalty $ 11.24 Interest $ 4.12 Amount Paid $ 127.72 *Balance Due $ .00 Pd by AITKEN GREIG D & WALLACE TONIE M Check 4973.06 # 1B 1976 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 9/2009 2009 T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2009 REAL ESTATE TAXES Previous 55.67 ACRES 44 A 294 Balance $ Acres: 55.67 Principal Being Paid $ Land: 154168 Imp: IS17500 Penalty $ Interest $ AITKEN GREIG D W & WALLACE TONIE M 1160 JORDAN SPRINGS RD STEPHENSON VA 22656-2015 Amount Paid $ *Balance Due $ Ticket #:00003360001 @@ Date 9/04/2009 Register: JKH/LKHS2 Trans. #: 59602 Dept ## RE200901 Acct# 27570 4845.34 4262.76 426.28 156.30 4845.34 .00 Pd by AITKEN GREIG D & WALLACE TONIE M Check 4973.06 # 1B 1976 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 9/2009 I CURRENT OWNER, MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF, TAX MAP 44 -A PRCL 294 CURRENT ZONING, RA REQUESTED REZONING, B - 2 REZONING AREA, 10.33 ACRES N45.00'00"E 140.00' N17. 30'00'W 250.00' Nss: •`� 00. 900 00,`1I \ S23.00'00"W 297.00' e, Ys-\. 00�\. BOUNDARY INFORMATION SHOWN HEREON IS COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. 00: 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. 14'20'23"W 173.02' p�y cN81.32'18"E wl„ \ 353.27' M 79.56'54"E 351.88' /_ 44 445-0808' D0�, S89.18'03"E 900.00' S00.41'59"W } F •� 32.74 138.08' #j y \y Oi IilO _ O rp 00" CIO Q 0 O Q O O m Nib 88.971'`, pN `ON 1 \ 106.94' I w i S89' 18' 0'3 "E 900.00' IIIII r" 1�\ / 00\ III ;6.pp/ jn � AS N1oo I� i 'S6'S o1p i_ 5 235.004"E _o '1m N83'00'01"W 105.00' �S23 30' OQ"E i 393.93 ' i� i` N84. 30'00"W i� i 514.09, i Op do ! �O S5� S47.00'00"W 179.00' ,ao o ,00 zoo .soo moo SCALE, r-/ L U g Z Z ggqNz Lo 5b z Z 5�6' Lu W� H $ N H wr'n~y� N�oTa I ZN 0 52 {{y� a y Drcwin9 t4mCm 1 Filc 00108-01A SGB:bgm O 0 0 cd 0 0 �o 0 C4 In o V `c0 N O y -b�o4 o 9 0 4 V] „i C7 a ro � c 0 U 0 ca 0 oU 4; cy WW>ca X o w�C� 0 .� y 0 W C7 a. r-) THIS DEED made and dated this 21 CD (V N lL� day of May 2002) by and between MISSIONARY SERVANTS OF THE MQST HOLY TRINITY, an Alabama corporation, party of the first part, hereinafter called the Grantor; and GREIG D.W. AI'1{'KEN and TONIE M. WALLACF, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with special warranty of title, unto the Grantees, in .fee simple absolute, as tenants by the entirety, with common law right of survivorship, all of its right, title and interest in and to the following property: All of those two certain lots or parcels of land together with all improvements thereon and appurtenances thereunto belonging in Stonewall Magisterial District, Frederick County, Virginia, designated as Tract One known as the Jordan White Sulphur Springs Property, as shown on the plat and survey of Richard U. Goode, Certified Surveyor, dated June 4, 1952, containing 74.49 acres, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 224 at Page 125, and Tract Two as shown on the plat and survey of Richard U. Goode, Certified Surveyor, dated May 24, 1952, containing 183.01 acres, of record in the aforesaid Clerk's Office in Deed Book 224 at Page 119, both tracts being conveyed to the Missionary Servants of the Most Holy Trinity, an Alabama corporation, by Deed dated April24,1954, from W. H. M. Stover, Incorporated, a Delaware corporation, of record in the aforesaid Clerk's Office in Deed Book 231 at Page 328, less and ezcent the following conveyances by the Grantor herein: (1) 3,505 square feet by Deed of record in the aforesaid Clerk's Office in Deed Book 246 at Page 392; (2) small conveyance to the Commonwealth of Virginia by Deed of record in the aforesaid Clerk's Office in Deed Book 250 at Page 414; (3) 20.619 acres by Deed of record in the aforesaid Clerk's Office in Deed Book 405 at Page 239; (4) small conveyance to the Commonwealth of Virginia of record in the aforesaid Clerk's Office in Deed Book 921 at Page 1188; and i� (5) 6.7555 acres by Deed of record in the aforesaid Clerk's Office as Instrument No. 000011813. and including any land acquired in the Deed of Boundary Settlement dated .)ecember 4, 1991 with Rene R. Carson, et ux, of record in the aforesaid Clerk's Office in Deed Book 769 at Page $83. The land herein conveyed is approximately 230 acres but this conveyance is in gross and not by the acre. C N C�7 C Reference is made to the aforesaid instruments for a more particular description of the .1 I property herein conveyed. This conveyance is made subjeetto all easements, restrictions, and rights of way affecting said property and all prior conveyances therefrom. he Grantor does hereby covenant that it has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seat: MISSIONARY SERVANTS 'IBS'T HOLY TRINITY, An Alabama, o�par,op By; ,S'� (SEAL) Brother Jordan Baxter, S.T. Its Treasurer 0 N C�J STATE OF MARYLAND CITY/COUNTY OF MONTGOMERY , to -wit; I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that Brother Jordan Baxter, S,T. , whose name is signed as Treasurer and c1ul.y authorized officer of MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, an Alabama corporation, to the foregoing Deed dated the 21 day of May , 2002, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this 2_ day of May , 2002. 1, . •.� II !rf;;.',bItr0.;' eAL) ....... tart'N`9 My Commission Expires: July 1, 2005 _ This document prepared by: StephemG. Butler, Esquire KUYKENDALL, JOHNSTON, McKEE & BUTLER, P.L.C. 112 South Cameron Street P. O. Drawer 2097 Winchester, VA 22604 (540)662-3486 I I I VIRGINIA EgF-DBFJCK COUNTY, SCT• produced to me on '['his instrument of writing P I 0� at acknowledge bthereto annexed dand rd TrP y581-802O WasadauedoTeco $ �►7 ,end 58.1.801 have been paid, if asmuab e f , perk II lk-•t •,` ♦ `. f � .. '+11 _ •'mac o. ??•• ' ` JO l �� • ,t�'4"'11,J t � " - _�, �.7 •e•t'-��`•r�i.�yJ �il l �y.ra `V,•';}Ty'�'1•-'�J }l,. �1 t yip•.. .+ ^ 1� VI A .11�u fy t •�♦h' / /' l w• ' n:. •'' icy; . +' '�� .� +!"'f' CW SAD - � - .�•t/c`''r N.4 ty J«L fJ•• . •^ �at••�•.�►��"?�,+ �• 1` i� /.. / 160 1 _.' y l .,, ': � ?. .. .' rt ,, �..-'r• � r' r • - :)..a. J��a-� - .. - ..w-. .4 �� - .' - _ ` .r" ���'3 V r���� �,- •1 tic• 049*4 1 A -294/i _ I r e. r .�/_J �r _ �•)�,r�.F�I,S ���.��jys� R �J'. :.a' � � ^`-. fir. ,:• 1` I '"r s�1 ��•' .I ` ` 1Ct ����S��L_ faAJr"��iis� •4 !j• �'� x'1'T ~"i i .�. ,^ � ' � i> .• � ') I 4F' � 45 5'2,-17 ' q I Z o I o /flu 1�Jl LL. P,15 ' �, ff)6rF(,ti S' 1,0 Mc' t l�Sc2/✓oI--/ ILA✓Enf'i r f L.✓?!t Jf� fLj /7��/,JT��n/ �.�Ij�nli- ? �iLi,Jvr.,1�- �/iFiJJ /9 �') M��fE✓�J 7 �-; I3 F i r-) P ,, i �� SJ -L-, .- . , j- �2-1 L-., T -/z A '4 /-, / Z-'7 i � ,) i,C n/L� r /2 f � icy � vr, J /l c 7,, ,, J / PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#09- PROPERTY: Historic Jordan Springs Tax Map Parcels # 44-A-294 and 44-A-294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonic M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: November 3, 2009 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#10-01 of Jordan Springs dated Decemberl2, 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 the Frederick County Board of Supervisors' (`Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision 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: �t t .= rn O Allowed Uses I S, y Unit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services i� REZONING APPLICATION #06-09 ,f JORDAN SPRINGS PROPERTY jJJ ,V" Staff Report for the Board of Supervisors Prepared: April 5, 2010 �� rC�,/� e Staff Contact: Eric R. Lawrence, AlCP, Planning Director6 ✓� �4) Reviewed Action r 6,A � Planning Commission: 01/06/10 Recommended ApprovalF (pG✓1 Board of Supervisors: 04/14/10 Pending (') CJo PROPOSAL: To revise proffers associated with Rezoning #10-01 for 10.33 acreLland zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This revision is intended to add permitted uses on the site. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). oi-r- (1-' E_ or'4F2r�t Noise- Fcs�i mot( rc EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: 4-') This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff s concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. o ASAP Rezoning #06-09 — Jordan Springs Property April 5, 2010 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Pending PROPOSAL: To revise proffers associated with Rezoning #01-07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone with proffers to B2 District with HA with revised proffers. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: B2 (Business General) District with a Historic Area (HA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Rezoning #06-09 — Jordan Springs Property April 5, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. Planning Department: Please see attached letter dated June 12, 2009, from Eric R. Lawrence, AICP, Planning Director. Historic Resources Advisor Board: Please see attached letter dated December 1, 2009, from Candice E. Perkins, AICP, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Benedictus and more recently as offices for County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning #10-01 for Jordan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a HA Overlay Zone. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the summer of 2009, the property owners were informed that certain activities being conducted on the site (special events such as weddings, dinners and other events) were not permitted and were in violation of the use conditions associated with Rezoning #10-01. It was further explained that in order to remedy this violation, the property owner needed to secure a proffer amendment including the new uses, secure an approved site plan that addresses parking areas on the site and, finally, implement the improvements specified on the site plan. The proffer amendment proposed with this application is the firststep necessary to resolve the violations on the property. Rezoning #06-09 — Jordan Springs Property April 5, 2010 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] The subject properties (portions currently zoned B2/HA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned B2/HA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning # 10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning #06-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on \ the site in violation of the approved proffers from Rezoning # 10-01. r 3) Proffer Statement — Dated November 3, 2009; Revised January 19, 2010: A) Allowed Uses \ • Health Services \ • Legal Services \ • Engineering, Accounting, Research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums as an accessory or secondary use • Eating and drinking places �-• Exposition operations r • Theatrical Producers and Miscellaneous Theatrical Services Description for 7922: Theatrical Producers (Except Motion Picture) and Miscellaneous T... Page 1 of 1 Occupational Safety & Health Administration Drvtslon I: SPrvlces Major Group 79: Amusement And Recreation Services Industry Group 792: Theatrical Producers (except Motion Picture), 7922 Theatncal Producers (Except Motion Picture) and Miscellaneous Theatrical Services Aft D_k 'o. CS-rA Advanced Search i SEA1tGi:1.. A to Z Index En Espariol Contact Us What's New About OSHA U RSS Feeds ® Print This Page e Q Text Size ® E-Mail This Page Establishments primarily engaged in providing live theatrical presentations, such as road companies and summer theaters. This industry also includes services allied with theatrical presentations, such as casting agencies; booking agencies for plays, artists, and concerts; scenery, lighting, and other equipment services; and theatrical ticket agencies. Also included in this industry are producers of live and taped radio programs and commeroals and producers of live television programs. Establishments primarily engaged 1n the production of taped television programs and commercials are classified 1n Industry 7812. Theaters which are normally rented to theatrical producers and stock companies are classified in Real Estate, Industry 6512. Motion picture theaters and motion picture service industries are classified in Major Group 78. Establishments primarily engaged in operating dinner theaters are classified in Retail Trade, Industry 5812. ■ Agents or managers for entertainers ■ Agents, talent: theatrical ■ Ballet production ■ Booking agencies, theatrical: except motion picture ■ Burlesque companies ■ Casting agencies, theatncal: except motion picture ■ Community theater productions ■ Concert management service • Costume design, theatrical • Employment agencies: theatrical, radio, and television -except motion • Legitimate theater producers is Opera companies • Performing arts center productions ■ Plays (road companies and stock companies) ■ Radio programs, including commercials: producers of • Rental of theatrical scenery • Repertory or stock companies, theatncal is Road companies, theatrical • Scenery design, theatncal ■ Stock companies, theatrical is Summer theaters, except dinner theaters ■ Television programs (including commercials): live • Theatrical companies ■ Theatrical equipment rental ■ Theatrical lighting on a contract basis ■ Theatrical production, except motion picture ■ Theatrical ticket agencies ■ vaudeville companies [ SIC Searich I Division Structure I Major Group Structure I OSHA Standards Cited ] Freedom or in!JrmaJon ACt I P1-aCY & SerwdY State-nent I Gsclaimers I Customer Survey I Important Wen Site Notrces I International I Contact Us U.S. Department or Lab" I claupab" sarery S Neaan Admnistral I 200 Constaution Ave., NW, Washrrgtm. DC 20210 Telephone'. 80P]21-OSHA (6742) 1 TTY'. 877889-5627 www.OSHA.gov http:,,/NNi�-NN,.osha.gov/pls/imis/sic—manual-display?id= I 78&tab=description 4/14/2010 Description for 7922: Theatrical Producers (Except Motion Picture) and Miscellaneous T... Page 1 of 2 occupational Safety & Health Administration OSHA Home All DDL * OSHA Advanced Search L - A to Z Index En Espanol Contact Us I What's New I About OSHA 1:� RSS Feeds 0 Print This Page e Q Text Size 0 E-Mail This Page Division 1: Services Ma,cr G, chip 79 Amusement And Recreation Services Indus" Group 799: Miscellaneous Amusement And Recreation I 1 7999 Amusement and Recreation Services, Not Elsewhere Classified i Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, nding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals at shows or exhibitions are classified in Agricultural Services, Industry Group 075. • Aerial tramways, amusement or scenic ■ Amusement concessions • Amusement rides ■ Animal shows in circuses, fairs, and carnivals • Archery ranges, operation of • Astrologers ■ Baseball instruction schools ■ Basketball instruction schools ■ Bath houses, independently operated ■ Bathing beaches, public ■ Betting information services ■ Billiard parlors • Bingo parlors • Boat rental, pleasure is Boats, party fishing: operation of ■ Bookies • Bookmakers, race ■ Bowling instruction ■ Bridge club, nonmembership • Bridge instruction is Cable lifts, amusement or scenic: operated separately from lodges is Canoe rental ■ Card rooms • Carnival operation is Cave operation ■ Circus companies ■ Concession operators, amusement devices and rides ■ Day camps ■ 4b*jPW operation tot a ■ ExpRion operation � �;,�,1j% �� �Nc�• 11c t_tt,n 1 L� ix ■ Fairs, agricultural: operation of ■ Fireworks display service • Fishing piers ant lakes, operation of • Fortune tellers ■ Gambling establishments not primarily operating coin -operated ■ Gambling machines, except coin -operated operation of ■ Game parlors, except coin -operated ■ Games, teaching of ■ Gocart raceway operation ■ Gorart rentals ■ Golf courses, miniature operation of • Golf driving ranges • Golf professionals not operating retail stores ■ Golf, pitch-n-putt ■ Gymnastics instruction • Handball courts, except membership club ■ Horse shows ■ Houseboat rentals ■ Hunting guides ■ Ice skating rink operation ■ Judo instruction http://\,N-,k-w.osha.gov/pls/imis/sic—nianual.display?id=1 88&tab=descr1ptl0I1 4/ 14/2010 Description for 7922: Theatrical Producers (Except Motion Picture) and Miscellaneous T Page 2 of 2 ■ Karate instruction ■ Lifeguard service ■ Lotteries, operation of ■ Lottery club and ticket sales to individuals ■ Moped rental ■ Motorcycle rental ■ Natural wonders, tourist attraction: commercial ■ Observation tower operation ■ Off-track betting ■ Pack trains for amusement ■ Parachute training for pleasure ■ Phrenologists ■ Picnic grounds operation ■ Ping pong parlors ■ Pool parlors ■ Racquetball courts, except membership clubs ■ Rental of beach chairs and accessories ■ Rental of bicycles ■ Rental of golf carts ■ Rental of rowboats and canoes ■ Rental of saddle horses ■ Riding academies and schools ■ Riding stables ■ River rafting, operation of ■ Rodeo animal rental ■ Rodeos, operation of ■ Roller skating rink operation ■ Scenic railroads for amusement ■ Schools and camps, sports instructional ■ Scuba and skin diving instruction ■ Shooting galleries ■ Shooting ranges, operation of ■ Skating instruction, ice or roller ■ Skeet shooting facilities, except membership clubs ■ Ski instruction ■ Ski lifts, cable lifts, and ski tows operated separately from lodges ■ Ski rental concessions ■ Slot -car racetracks ■ Sporting goods rental ■ Sports instructors, professional: golf, skiing, swimming, etc. ■ Sports professionals ■ Swimming instruction ■ Swimming pools, except membership ■ Tennis clubs, nonmembership ■ Tennis courts, outdoor and indoor operation of, nonmembership ■ Tennis professionals ■ Ticket sales offices for sporting events, contract ■ Tourist attractions, natural wonder commercial ■ Tourist guides ■ Trampoline operation ■ Trapshooting facilities, except membership club ■ Waterslides, operation of ■ Wave pools, operation of ■ Wax figure exhibitions ■ Yoga instruction [ SIC Search I Division Structure I Maior Group Structure I OSHA Standards Cited ] Ftecdom of Information Act I Pnvaq• & SeZUrity Statement I Disclaimers I Customer Survey I Important Web Site Notices I International I Contact Us U.S. Dephrtment of Latest I Occup t—M Safety F. ItenitA Adminlstrallon 1 200 ConstittiMn Ave, NW, Ylastdn9lon, DC 20210 Wep! on 800 321-OSIIA (67,12) 1 7rY: 077-069-5627 www.OSHA.gov http://W\\r\\r.oslla.goV/pls/iiiiis/sic_iiiatiLial.disl)lay?id=l 88&tab=description 4/14/2010 HISTORIC JORDAN SPRINGS Page 1 of 2 CIRCA1600 4P Historic Jordan Springs Event & Cultural Centre ►1" ESTATE a:�t 41'EDDINGS ; RECEPTIONS 9 CONFERENCES CATERING COMMUNITY GINING P•, ' ONLINE GIFT SHOP r� j PRESS ROOM ?; CONTACT US TESTIMONIALS .4 EMPLOYMENT .t AM 4 GALLERY' STAFF 1 E-LETTER I HISTORY I LOCATION �•Pub Night April 23, 6:oo pm Livve entertainment with no cover charge $t from every drink purchased goes to a chosen charity. An ala carte menu of pub food. THEBARN 9 Ballroom Dancin¢ub Night March io, 17, 24, 3r 7:00-7:45 pm RUMBA 7:45-8:oo pm SINGLE STFP SWING %%eddinglastinKand Bridal Fashion Show April 25, t:3o pm A Wedding Tasting food & wine, New York -Style Runway Bridal Fashion Show with latest designs from THEBARN. I Become a Fan ' Find us on Twitter Sign-up for E-News Calendar of Events REQUEST INFORMATION Mother's Day Brunch May 9, 12:oo pm Treat her to something delicious. Paranormal Dinner and Investigation Mac 14, 6:30 pm Includes dinner, hour im estigation 41 Can You Identifcl'his Painting Looking for any information such as accounts paid or some hype of day book concerning the building or opening of Jordan Springs in1893. http://www.historicjordansprings.com/ 4/14/2010 HISTORIC JORDAN SPRINGS Fage 2 or L I istoric .Jordan SUriny., Gift Certificate •1��[ CERTIFICATES I'OOl°ng for a unique and memorable gift for someone really special? How about Ballroom Dance Lessons, French Cooking Class Soiree. Valentine Sweetheart's Dinner, French Dinner and Wine Pairing, Ci%il War Ball or maybe a hands-on Paranormal Investigation & Dinner. We are even offering a night with the Symphony of the Valley at a Gala Dinner &Concert: The history of Jordan Springs goes back to the early 1600s, when the Catawba Indians discovered two mineral springs, the White Sulphur Spring and the Calibeate Spring, which Bow from the grotto at the base of a nearby cliff -like hill called De%il's Backbone. The Indians used the area as a meeting place for almost a centun and a half, at which point the mineral springs were discovered by settlers. The property was later made into a resort centering around the therapeutic and healing medicinal powers of the springs. Since 1832, three separate hotels have stcxxl on the property; the brick portion of the current building was built in 1893 by Edwin Clarendon Jordan, Jr. Learn More!.- . u6o Jordan Springs Road Jordan Springs, Virginia 22656 Local 54o.667.7744 Toll Free 877.837.8313 Copyright (� 2009 historic Jordan Spring., http://w,A,w.historicj ordansprings-com/ 4/14/2010 HISTORIC JORDAN SPRINGS Page I of 2 CIRCA 1600 4P Historic Jordan Springs Event & Cultural Centre ESTATE WEDDINGS RECEPTIONS CONFERENCES CATERING COMMUNITY GIVING ONLINE GIFT SHOP PRESS ROOM CONTACT US TESTIMONIALS EMPLOYMENT GALLERY I STAFF 1 E-LETTER 0 Become a Fan 3 Find us on Twitter ® Sign-up for E-News Calendar of Events To be updated regularly about events happening at the Historic Jordan Springs Estate, please Sign Up for our free E-News Letter 2010 Calendar of Events March 3, 107 17, 24 Ballroom Dance Lessons 13 Paranormal Dinner & Investigation 17 Charity Pub Night Live Entertainment Charity: Faith in Action 27 Wine Tasting April 7, 14, 21, 28 Ballroom Dance Lessons 13 Easter Brunch 23 Charity Pub Night Live Entertainment Charitu: Concern Hotlin. Inc. 25 Wedding Tasting and Bridal Fashion Show May q Mother's Day Brunch 14 Paranormal Dinner & Investigation 16 Spring Bridal Show 28 Charity Pub Night Live Entertainment Charity: Knights of Columbus June 10 Tea on the Veranda 7-00 pm 6:30 pm 6:oo pm 6:30 pm 7:00 pm Seatings 12 noon - 2:00 pm 6:oo pm 1:30 pm Seatings 12 noon - 2:00 pm 6:30 pm 1:00 -3:00 pm 6:oo pm Seatings 12 noon - i:oo pm http://www.historicjordansprings.com/calendar.html 4/14/2010 1-11J 1 UI<AU JUKUAN �WIUNUi i Page l of L 25 Charity Pub Night Live Entertainment 6:oo pm Charitil: Winchester SPCA July- 9 Wine Pairing Dinner 6:30 pur 23 Charity Pub Night Live rntertainment 6:oo pm Ch ari til: IVVIII' August 21 Paranormal Dinner fi Investigation 6:30 prrt 27 Charity Pub Night Live IinterLiininent 6:oo par Chavitil: Blue Ridge Hospice Bullerlhl Club 29 Civil War'1'ea C Fashions of the Period 1'8ll SeptembeI' 24 Charity Pub Night Live Entertainment 6:oo pat Charitil: rsl 17A Cavalry. Collounol I/ ocLobeI' 7 Autunin Tea on the Veranda Seatings 12 noon - 1:00 pm 15 Charity Pub Night Live Entertainment 6:oo par Charity: Habitat for Ilumanilil 29 11auntings Dinner, Tour & Paranormal Investigation 6:30 pm November 12 Charity Pub Night Live Entertainment 6:oo par Charitil: Request a Charihl 25 Third Annual'I'hanlsgiving Dinner Seatings 2 pni and Ool December Charity Pub Night Live Entertainment 6:oo par Charitil: Re(Iim5l a Charilq 12 Christmas 13nmch S Tour Seatings 12 noon - 2:00 pm 13 Christmas Tour, Food and Toy Drive 5:00 pm - 8:oo pm Charily: 7o Be Determined 14 Christmas Tour, Food and To)' Drive 5:00 pnl - 8:oo pin Charity: 7o Be Determined 15 Christmas Tea g Tour Seating 12 noon - I:00 pm 17 Christmas Dinner & Concert 6:30 par 2,o Christmas'Pour, Food and To)• Drive S:oo pm - 8:00 pm Charity: '1'o Be Determined 116o Jordan Springs Road Jordan Springs, Virginia 22656 Local 5go.667.7744.1'011 Fr•cc 877.837.8313 Copyright G 2009 I liSloi'IC Jordan Springs ' L http://Nv\a\v.historicjordansprings.com/calendarlitnil 4/14/2010 Rezoning 906-09 — Jordan Springs Property April 5, 2010 Page 5 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen comments during the public comment portion of the hearing. No issues or areas of concern were raised by the Commission. The Commission unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner Manuel abstained.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. d� �u AMENDED PROFFER 'STATEMENT REZONING: Proffer Amendment RZ#06-09 PROPERTY: Historic Jordan Springs Tax Map Parcels 444-294 and 44-A-294A 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Toni M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Toni M. Wallace, husband and wife PROFFER DATE: November 3, 2009; Revised January 19, 2010 The Applicant hereby proffers that the use and clevelopment 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 # 10-01 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 clay 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 applicant proffers to prohibit all uses on the Property that are otherwise allowed in the 132 General Business District except the following: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums as an accessory or secondary use Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services Respectfully submitted this /f' r day of --"f , 2010, % �%tIIIIIPdfff e � . NOTARY�'•.'pi� % d PUBLIC REG. #241038 ' -, MY C0kii;"iIS) S10N " Off'• EXPIRES '•.10/31',2012, A L T H 0� ,,,; GREIG D. W. AITKE, N Respectfully subrnitteq �is� day of 2010, � b �P 'NOTARY J PUBLIC ' _ REG. `241038 _ TONIE M. WALLACE . n •• (:1`(CO„ii,liSSlui� � Q e O EXPIRES ' 10/31/2012, wE,q LTH`OF STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Eric Lawrence From: Steve Pettler [pettler@harrison-johnston.com] Sent: Wednesday, April 28, 2010 10:58 AM To: Eric Lawrence Cc: Tonie Wallace Subject: RE: Jordan Springs Rezoning Eric: We are available at 1 pm and we will see you then Stephen L. Pettler, Jr. HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). 'I'his message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. Ifyou receive this Comlllunication in error, please notify the sender immediately by return e-mail and delete this message f-0111 }'our computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, Or I-CIN-Odl1C6011 of this C-Illall, including attaCh1llC1ltS, 1S prohibited and may be 1111lawful. Thank you. From: Eric Lawrence [ma iIto: elawrenc@co.frederick.va.us] Sent: Tuesday, April 27, 2010 12:50 PM To: Steve Pettler Cc: Tonie Wallace Subject: RE: Jordan Springs Rezoning I am available Thursday, April 29 at 1PM; or Monday, May 3 at 2PM. Do either of these times work for your schedules? -Eric From: Steve Pettler [mailto:pettler@harrison-johnston.com] Sent: Tuesday, April 27, 2010 12:19 PM To: Eric Lawrence Cc: Tonie Wallace Subject: Jordan Springs Rezoning Eric: My clients would like to get the rezoning finalized as soon as possible. I was out of town almost all of last week, so the delay in addressing the issues that came up on April 14 is occasioned by my schedule. Regardless of this, when can we schedule a time to discuss what revised proffers might look like to address the concerns? I can be available the afternoon of April 29 or May 3 or 4 at your convenience. Thank you for your courtesy in advance. Steve Stephen L. Pettler, Jr. HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266. Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. I I' the reader of this message is not the intended recipient or all alithorl7_ed representative of the intended reclplCllt, it is not intended that any legal privilege or the confidentiality of the messages and attaclllllellts are 1vaived, and the saint are hereby not waived. If you receive this C011ltlllllllc ltloll 111 CI"I'ol', please notify the sender immediately by return e-mail and delete this message from your computer and network without readillg or saving them in any manner. Tile Ullallthol"iZCd Use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. ra Eric Lawrence From: Tonie Wallace [TonieWallace@advlegaltech.com] Sent: Thursday, April 22, 2010 11:23 AM To: Eric Lawrence; Greig Aitken Cc: Steve Pettler Subject: RE: Jordan Springs proffer amendment Good morning Eric, Please know that we are on this and as soon as Steve is back in town we will be meeting to see what we need to move this forward. Thank you. Tonie Tonic M. Wallace, O\vncr, CEO, RPR, CCR, CME Historic Jordan Springs, LLC. 1160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX vvvvvv.l-IistorleJordanSprin(2s.com I Tonie�Nlallace a.historiciorclansprin�n's.coI Please visit our Websites to learn more about our services and products: www.advlegaltech.coin \y\V'w.sy11cyidco.Coin \y\y\\% COLirtrel)ortii12Co11sLiltants.Coii1 \V\\'\\% COLInt}%COLlrti'el)Ortel's.Coill ww\y.reporters groul)-coil, \y\y\\'. ill a l'y l alld re i) o rt l ll,? . C O 111 This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this inessage is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient; you are hereby notified that any dissemination, distribution or copying of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify us nn-nedlately by telephoIle and return the orioinal message to Lis at Historic Jordan Springs, 1160 Jordan Springs Road, Stephenson, VA 22656 via U.S. Postal Service. THANK YOU. From: Eric Lawrence[mailto:elawrenc@co.frederick.va.us] Sent: Thursday, April 22, 2010 10:21 AM To: Tonie Wallace; Greig Aitken Cc: Steve Pettler Subject: Jordan Springs proffer amendment Good morning Tonie and Greig. At last Wednesday's (April 141h) Board of Supervisors meeting, the Board tabled action on your proffer amendment request to enable a few things to be considered: (1) a more concise list of permitted uses. There were concerns that the 4 additional uses sought were too broad and may enable unwelcomed/unexpected activities beyond that of wedding receptions, bridal shows, use of the historic tavern, catering, and holiday gatherings; (2) consideration of limiting hours of operations and noise levels; (3) limiting these additional uses of the site to within the historic structure; and (4) possible use of an seasonal festival permit to enable use of the property's grounds for outdoor wedding receptions. It was also noted that the June I" deadline previously established to resolve the zoning violations remains in effect. Please let me know how you wish to proceed. Thanks Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a)co. frederick.va. us "rww.FrederickCOLintyVa.gov/Planning www.FrederickCountyVa.gov COUNTY of FRRDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 NOTIFICATION OF PUBLIC HEARING July 28, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 406-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Board o1' Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 11, 2010, at 7:15 Imn. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 906-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. The property is located at 1160 .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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the mectinp, or at the Department of Planning and Development located at 107 North Kent Street in Winclicster, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co. frederick.va.Lis. Slncerc W, Eric R. Lawrence, AICP Planning Director ERL/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virgil i F & B Greig Aitken & Tonic Wallace 1 160 Jordan Springs Rd. Stephenson, VA 22656 William & Sharon Rexrode 1099 Woods Mill Rd. Stephenson, VA 22656 Dorothy Hart 897 Woods Mill Rd. Stephenson, VA 22656 William & Barbara Mcier 270 Lick Run Xing Stephenson, VA 22656 Stephenson Associates LC PO Box 2530 Winchester, VA 22604 Rene Carlson 154 I- Ii1I111111nobird Ln. Stephenson, VA 22656 Clark & Barbara Fortney 1281 Jordan Springs Rd. Stephenson, VA 22656 Michael & Joan Sigler 141 I-Iurniningbird Ln. Stephenson, VA 22656 .1011I1 & ,June Conley PO Box 218 Stephenson, VA 22656 Brookfield Stephenson Village: I_,LC 8500 )✓xeclltive Park. Ave., ;lc..:30 Fairfax, VA 22031 William & Patsy Hoffinan PO Box 22 Stephenson, VA 22656 Tcrry & Angcla Rudolph 170 Monastery Ridge Rd. Stephenson, VA 22656 STATE OF VIRGINIA COUNTY OF FREDERICK , �I V 11 albala Simons 220 Monastery Ridge Rd. Stephenson, VA 22656 Harold & Caroline Conner 1010 Woods Mill Rd. �lenhenson. VA 22656 Ronald & Mary Lee 1947 Martinsburg Pilce Winchester, VA 22603 Robert Williarins 946 Woods Mill Rd. Stcpllensoll, VA 22656 JRW Properties & Rentals Inc. 13 S. LOUC1oL1I1 St. Winchester, VA 22601 Eric lt. Lawrence, Planning Director Frederick County Planning Department a Notary Pubtic in and for the State and County aforesaid, do reby certify that Eric . Lawrence, Plaluling Director for the Depa -tment of Planning and Development, whose name is signed to the foregoing, dated o� /� , has personally appeared before me and acknowledged the in my, Stat and ounty aforesaid. Given under my hand this 01 Mday of My commission expires on Tina Newlin 906 Woods \Mill Rd. Stephenson, VA 22656 I-Iernnan Clark III 966 Woods Mill Rd. Stephenson. VA 22656 COUNTY of FREDERICK Department of Planning and Development. 540/665-5651 FAY: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 31, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 06-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 14, 2010, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. The property is located at 1160 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www. co. frederi ck. va. us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bled 107 North Kent Street, Suite 202 " Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: Greig Aitken & Tonie Wallace 1160 Jordan Springs Rd. Steplicnson, VA 22656 William & Sharon Rexrode 1099 Woods Mill Rd. Stephenson; VA 22656 Dorothy Hart 897 Woods Mill Rd. Stephenson, VA 22656 William & Barbara Meier 270 Lick Run Xing Stephenson, VA 22656 Stephenson Associates LC PO Box 2530 Winchester, VA 22604 Rene Carlson 154 Hummingbird Lri. Stephenson, VA 22656 Clark & Barbara Fortncy 1281 Jordan Springs Rd. Stephenson, VA 22656 Michael & Joan Siglcr 141 1-I1-1111111ingbird Ln. Stephenson, VA 22656 John & Junc Conley PO Box 218 Stephenson, VA 22656 Brookfield Steplicnson Village LLC 8500 Executive Park Ave., Ste. 30 Fairfax, VA 22031 William & Patsy I-Ioffman PO Box)? Stephenson, VA 22656 Terry & Angcla RudOlpll 170 Monastery Ridge Rd. Stephenson, VA 22656 Ervin & Barbara Simons 220 Monastery Ridge Rd. Stephenson, VA 22656 STATE OF VIRGI: COUNTY OF FREL, Harold & Caroline Conner 1010 Woods Mill Rd. Stephenson, VA 22656 Ronald & Mary Lee 1947 Martinsburg Pike Wincliestcr, VA 22603 Robcrt Williams 946 Woods Mill Rd. Stephenson, VA 22656 JRW Properties & Rentals Inc. 13 S. LOUC101,111 St. Winchester, VA 22601 Tina Newlin 906 Woods Mill Rd. Stephenson, VA 22656 Candice E. Perkins, Senior Planner Frederick County Planning Dept. I / > c- , a Notary Public in and for the State and County aforesaid, do 1 reby certify that Can ice E. Perkins, Senior Planner for the Dep rtment of Plamling and Development, whose naive is signed to the foregoing, dated _�� U , has ez personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this r day of My commission expires On I-Ierman Clark III �-"°'�_'""�'���� PTARY L I3EYERLY H. DELLINGER �, 966 Woods Mill Rd. MC)TMID#331678 Stephenson, VA 22656 CoMMONOTARY WEALIHUOFI'"'C'II"IIP. �' PL LIC MYCOMMI9_ �XPIRCsJIJyY'1!;;��:.= COUNTY oi' FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING January 13, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING I'ROI'I7R'I'Y OWNER(S) RE: REZONING APPLICATION 1106-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, Januii-y 27, 2010, at 7:15 pan. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-09 of Jordan Springs Property, to revise proffers associated with Rezoning 410-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Ovcrlay lone. This revision is intended to add permitted uses on the site. 'file property is located at 1160 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 Numbers 44-A-294 and 44-A-294A (portions ol). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co. frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 This is to c rtif / that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Vir inia: / 4 1 1 44 - A- - 294- AITKEN GREIG D W & WALLACE TOME M 1160 JORDAN SPRINGS RD STEPHENSON VA 22656.2015 44 - A- - 295- REXRODE WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON VA 22656.2046 55 - A. - 133- HART DOROTHY L. 897 WOODS MILL RD STEPHENSON VA 55 -7. - 1. SWEET MICHAEL L. 362 WOODS MILL DR STEPHENSON VA 45 FORTNEY CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON VA 22656-2020 45 -5- 2. 16- SIGLER MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON VA 22656.2014 45 -4- 1. 3- CONLEY JOHN M. & K. JUNE PO BOX 218 STEPHENSON VA 22656.0218 22656.2044 44 - A- - 293- BROOKFIELD STEPHENSON VILLAGE LLC 8500 EXECUTIVE PARK AVE STE 30 FAIRFAX VA 22031.2225 22656.2029 55 -7- - 14-A MEIER WILLIAM G III & BARBARA E 270 LICK RUN XING STEPHENSON VA 22656.2023 44 -A- - 31-A STEPHENSON ASSOCIATES LC PO BOX 2530 WINCHESTER VA 22604.1729 45 -5- 2. 17- CARLSON RENE R 154 HUMMINGBIRD LN STEPHENSON VA 22656.2014 45 -9- 3. 2- HOFFMAN WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON VA 22656.0022 Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COU\TTY OF FREDERICK I e 7 � &'-,7z , a Notary Public in and for the State and County iJL aforesaid, do he �y certify that Cane. Perkins, Senior Planner forth Dep� rlment of Planning and Developmeit, whose name is signed to the foregoing, dated % fU , has personally appeared before me and aeluiowleclged the same in my Stat and ,ounty aforesaid. Given under my hand this My commission expires on 45 - 9.3- 3- RUDOLPH TERRY F RUDOLPH ANGELA L 170 MONASTERY RIDGE RD STEPHENSON VA 22656.1922 45 - 9.3- 4- SIMONS ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON VA 22656-1923 44 - A- - 297- CONNER HAROLD R & CAROLINE D 1010 WOODS MILL RD 22656-2036 STEPHENSON VA 55 - A- - 135- LEE RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER VA 22603.4714 55A - 1- - 21- WILLIAMS ROBERT L 946 WOODS MILL RD STEPHENSON VA 22656.2035 55A - 1- - 20- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER VA 22601.4719 55A - 1- - 17- NEWLIN TINA 906 WOODS MILL RD STEPHENSON VA 22656.2035 Herman Clark III 966 Woods Mill Rd. Stephenson, VA 22656 COUNTY o1' FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 23, 2009 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 906-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 6, 2009, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 406-09 of ,Jordan SpriIIgs Property, to revise proffers associated with Rezoning M 0-01 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. The property is located at 1160 .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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frcderick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 ^ Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on Y7t✓ �?� from the Department of Planning and Development, Frederick County, Virginia: 45 .5. 2- 17. 44 - A- - 294- AITKEN GREIG D W & WALLACE TONIE M 1160 JORDAN SPRINGS RD 22656 2015 STEPHENSON VA 44 - A- - 295. REXRODE WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON VA 22656.2046 55 - A- - 133- HART DOROTHY L. 897 WOODS MILL RD STEPHENSON VA 55 -7- - 1- SWEET MICHAEL L. 362 WOODS MILL DR STEPHENSON VA 22656.2044 22656.2029 55 -7- - 14-A MEIER WILLIAM G III & BARBARA E 270 LICK RUN XING STEPHENSON VA 22656.2023 44 -A- - 31-A STEPHENSON ASSOCIATES LC PO BOX 2530 WINCHESTER VA 22604.1729 STATE OF VIRGINIA COUNTY OF FREDERICK CARLSON RENE R 154 HUMMINGBIRD LN STEPHENSON VA 22656.2014 45 -4.1- 1- FORTNEY CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON VA 22656.2020 45 -5- 2. 16- SIGLER MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON VA 22656.2014 45 -4- 1. 3- CONLEY JOHN M. & K. JUNE PO BOX 218 STEPHENSON VA 22656.0218 44 - A- - 293- BROOKFIELD STEPHENSON VILLAGE LLC B500 EXECUTIVE PARK AVE STE 30 FAIRFAX VA 22031.2225 1/ -A Candice A. Perkins, Senior Planner Frederick County Planning Dept. 1 _b 1 Cjn h a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, datedrGrtj�� li_� 3 ���fl� has personally appeared before me and acknowledged the same in my State and County aforesaid. ✓C=l cj Given under my hand this day of My commission expires on I W A, Q- ,3 0 ) C--DL TUT t1IZ b I A'W H NOTARY PUBLIC -REGISTRATION It 354475 COMMONWEALTH OF VIRGINIA IvIYCO`MMI SIONEX2IRES 45 -9- 3. 2- HOFFMAN WILLIAM D. & PATS, _! PO BOX 22 STEPHENSON VA 22656.0022 45 -9- 3. 3. RUDOLPH TERRY F RUDOLPH ANGELA L 170 MONASTERY RIDGE RD STEPHENSON VA 22656.1922 45 -9- 3- 4- SIMONS ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON VA 22656.1923 44 - A- - 297- CONNER HAROLD R & CAROLINE D 1010 WOODS MILL RD STEPHENSON VA 22656-2036 55 - A- - 135- LEE RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER VA 22603.4714 55A - 1- - 21- WILLIAMS ROBERT L 946 WOODS MILL RD STEPHENSON VA 22656-2035 55A - 1- - 20- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER VA 22601.4719 55A - 1- - 17- NEWLIN TINA 906 WOODS MILL RD STEPHENSON VA 22656-2035 Herman Clark III 966 Woods Mill Rd. Stephenson, VA 22656 `JOP'` AI J SPPi06S PCIW e-I\ TO:BARBARA-DATA PROCE55ING p FROM:BEV - Planning Dept. t N ` ' �� — t% Please ri t sets of labels by JORDAN SPRINGS p6 THANKS! List of Adjoining Property Owners T.M. 44-A-295 .✓ William and Sharon M. Rexrode 1099 Woods Mill Road Stephenson, VA 22656 D.B. 775. PG. 876 Zoning: RA T.M. 55-A-133 ,/ Dorothy L. Hart 897 Woods Mill Road Stephenson, VA 22656 D. B. 322. PG. 395 Zoning: RA T.M.55-7-1 Michael L. & Carol T. Sweet 362 Woods Mill Drive Stephenson, VA 22656 D.B.637. PG.412 Zoning: RA T.M. 55-7-14A William G. Meirer III & Barbara E. Meirer INSTR. #: 030000603 Zoning: RA .M. 55-7-14 'illi, i G. M firer I�'I B� arai I eirer 70/Li k RI 1 rossing epheI V 22656 .B. 7 4. kG. 7 / T.M. 44-A-31A', Stephenson Associates, LC INSTR. #: 030005765 Zoning R4 Mailing Address: 207 Plaza Street, NE Leesburg, VA 20176 Mailing Address: 207 Plaza Street, NE Leesburg, VA 20176 Mailing Address: PO Box 2530 Winchester, VA 22604 T.M. 44-A-292 Stephenson Associates, LC Mailing Address: INSTR. #: 030005766 PO Box 2530 Zoning R4 Winchester, VA 22604 T.M. 45-5-2-17 f Rene Carlson 154 Huruningbird Lane Stephenson, VA 22656 D.B.698. PG.45 Zoning: RP T.M.45-4-1-1 Clark D. & Barbara K. Fortiney 1281 Jordan Springs Road Stephenson, VA 22656 D.B. 542. PG. 35 Zoning: RP T.M.45-4-1-2 Clark D. & Barbara K. Fortiney 1281 Jordan Springs Road Stephenson, VA 22656 D.B. 542. PG. 35 Zoning: RP T.M.45-5-2-16 / ! Michael S. & Joan B. Sigler 141 IIununingbird Lane Stephenson, VA 22656 D.B.484. PG.234 Zoning: RP T.M.45-4-1-3 Jolui M. & K. June Conley Mailing Address: 1327 Jordan Springs Road PO Box 218 Stephenson, VA 22656 Stephenson, VA 22656 D.B.484. PG.22 Zoning: RP T.M.44-A-293 '/ Brookfield Stephenson Village, LLC Mailing Address: INSTR. #: 040002 293 8500 Executive Park Avenue Zoning: R4 Suite 300 Fairfax, VA 22031 T.M.45-9-3-2 V William D. & Patsy L. Hoffman 163 Monastery Ridge Road Stephenson, VA 22656 D.B.585. PG.442 Zoning: RA i T.M.`45=8=3=3 L� S J - J ..- .3 Terry P. & Angela Rudolph 170 Monastery Ridge Road Stephenson, VA 22656 INSTRN: 0500014891 Zoning: RA T.M.45-9-3-4 ,/ Ervin W. & Barbara K. Simons 220 Monastery Ridge Road Stephenson, VA 22656 INSTR. #:010007198 Zoning: RA T.M� 45-�4-1� Ghri tip : P. , ien - Vr �n)r'1 Road teps r2 56 D.B91. G 14 t Zoning: I. ,A!-296 I rm i Claar pId Mill Road son, VA'22656 o li Rf1I T.M. 44-A-297 &-29,L4 Harold R. & Caroline D. Connor 1010 Woods Mill Road Stephenson, VA 22656 D.B. 804, PG.207 Zoning: RA Mailing Address: PO Box 22 Stephenson, VA 22656 T.M.55-A-135 t-Z Ronald A. & Mary C. Lee 1847 Martinsburg Pike Winchester, VA 22603 D.B. 867. PG. 1843 / T.M.55A-1-22A Herman M Clark, III 966 Woods Mill Road Stephenson, VA 22656 D.B. 840. PG. 824 Zoning: RA / T.M.55A-1-21 ✓ Robert L. Williams 946 Woods Mill Road Stephenson, VA 22656 Zoning: RA T.M.55A-1-20 / / JRW Properties & Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B. 596. PG. 515 Zoning: RA T.M.55A-1-19 JRW Properties & Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B. 596. PG.515 Zoning: RA T.M.55A-1-18 JRW Properties & Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B. 596. PG.515 Zoning: RA T.M. 55A-1-17 V Tina Newlin 906 Woods Mill Road Stephenson, VA 22656 D.B.960. PG. 103 Zoning: RA Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark Dana Eric Mike John COMMENTS: t Received by Clerical Staff (Date & Time): 1 Q a i o (`1 U:\Pam\Common\Document Approval Form.wpd F SEP 1 2009 aym oo-A t Cam, (i Ct ct ►—e h 0- f HISTORIC JORDAN SPRINGS, LLC 1160 JORDAN SPRINGS RD. STEPHENSON,VA 22656 (540) 667-7744 ®FIRST BANK �C VALLEY AM W . 01=& VfllflMA 1�Yi PAY TO THE ORDER OF J l c� 7 &zv-0 a-,� MEMO 68-258-514 2342 r7- I � v9 el-1 cJ0 v0 DOLLARS ��U--�ATURE � ATHD 11'0000 231, 211' 1:05 L40 25891: 000759 1L,0 III' HISTORIC JORDAN SPRINGS, LLC 2342 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Str2kt, Suite 202 Winchester, Vi nia 22 1 \ 1 H rman C1 III ! 66 Wood ill Rd. Stephenso 1, 22656 V • .i JAN 1 9 2010 '1 1 L- I Pi X -- o(- Oct r -- r;�_ * ti t�5o00 S COUNTY of FREDERICK Department of PI ing & Development 107 North Ke Street Suite 202 Winchester, irginia 919 01 Herman 966 Wo Stephl�p D EC 3 0 2009 L LJ�(�O1 k ill Rd. VA 22656 2:2601 cc BOSS �a " 01GH26508243 $ 00.440 M 01/13/2010 Nlailed From 22601 US POSTAGE --- - . nn n•1 /9 C /'I 1 NZXZE 201 6C 1 DO 01117J10 RETURN TO SENDER NOT DELZVERABLE AS ADDRESSED UNABLE TO FORWARD SC: 22601500099 *1617-1371E-13-39 I1,lIl,II1111)111111,1,I 111111,III,11111,111111,1,111111,11111 43; ;tp % 016H26508243 UU N { fti os E: '2/23/200° MailedFrom 22601 US POSTAGE �trv•+-r� Af1 P.0 a o� a n inc rn� TiSXIE 201 cc 1 72 -12 2910E RETURN TO SENDER NOT DELSVERABLE AS ADDRESSED UNABLE TO FORWARD MC: 22601SO3907 *0017-00.190-:23-44 I11111,1111111,111111111111111111111,1111L11111,1111111111111 r COUNTY of FREDERICK S Department of Planning & Development f 107 North Kent Street, , e 2 y Winchester, Virginia 601 Her an lark III 6 Woo , Mill Rd. Stephenson, VA 22656 ,D - 0 � S VY "qy COUNTY of FREDERICK Department of Planning & Developmen 107 North Kent Street, Suite 202 Winchester, Virginia 22611.1--,,, \ Herma Clark III 966 Wo s Mill Rd. Stephensoi VA 22656 NIXIE NOT DEl y'' 016H26508243 $ 00.440 • L ��_,r 03/31/2010 mailed From 22601 " US POSTAGE t•:EXIE 201 SEA 1 00 o4/Dg110 RF_'TL)F?N TO SENDER NOT DCLjVE::F?AE-]LE AS ADDRESSED UNf.)MLE:: To FORWARD BC: :260;150009`.-3 *1017i-4-!3 1„),J„),1,I)„11,1,,1,J1,I,I,11,,,1J,,,1l,,,I,l„l,l,,,lJ„I 016H26508243 s 07/28/2010 _ Y r•.� x Mailed From 22601 US POSTAGE t`4iX7C a2a OC- 1 72 07f3ll-10 RETURN TO SENDER NOT DE:L:IVE:RAMLE AS ADDRESSED UNABLE: TO FORWARD ac: :?26015000953 *0117-00079- l-2 to 1„I,1„I, I l i I, l 1 I,1:,,,1 I,1,1, I I,::I I„l I I l., I, l„I l I,1,11„1 CP COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 31, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Fredericl.,County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 14, 2010, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 906-09 of Jordan Springs Property, to revise proffers associated with Rezoning 410-01 for 10.33 acres of land zoned B2 (General Business) District with IIistoric Area (HA) Overlay Zone. This revision is intended to add pennitted uses on the site. The property is located at 1160 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 C. COUNTY of FREDERICK Department of Planning and Development C7 540/ 665-5651 FAX: 540/665-6395 August 16, 2010 Stephen L. Pettler, Jr., Esquire Harrison & Johnston, PLC PO Box 809 Winchester, Virginia 22604 RE: Jordan Springs Proffer Amendment Process Dear Steve: I am in receipt of your letter dated August 11, 2010 in which you have withdrawn the Jordan Springs proffer amendment application; we have honored your request and closed the proffer amendment file. The request for application withdrawal was addressed in the first sentence of your letter, with the balance of the letter expressing your personal opinions with staff and the process leading to your application withdrawal. I respectfully disagree with your assertions regarding the Planning staff's treatment of your clients and the violations on the property. In fact, staff worked with your clients over the past 14 months in good faith to resolve the zoning use violations on the Jordan Springs property. It was staff's belief that had you not withdrawn the application at the last minute — the proffer amendment was scheduled for action by the Board of Supervisors on the evening that you withdrew the application — the zoning violations would have been resolved had the Board approved the amendment. Unfortunately, your request to withdraw the application has left the zoning violations unabated. I find it troublesome that you would submit correspondence containing inaccurate statements. The Planning staff did not develop the concept of an annual festival permit as you so stated. In fact, this approach -was a Board of Supervisor member's suggested course of action, as reflected in the Board meeting minutes of April 14, 2010. The Planning staff did not draft the associated festival permit code amendment, review the submitted festival permit for Jordan Springs, nor offer comment on the Jordan Springs festival permit application as you have so stated. The Planning staff has no direct role in the festival permit process. The development and administration of the festival permit code is the responsibility of the County Administrator's Office. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 -4 Page 2 14 August 16, 2010 Stephen L. Pettler, Jr. RE: Jordan Springs Proffer Amendment Process It appears that you may not be fully appreciating the premise behind zoning - zoning regulates land use. And a land use activity is not permissible unless permitted by the underlying zoning regulations. You assert that the hair salon was permissible based on the language of the "proposed proffer amendment submitted by my (your) clients in May 2010 . You neglected to note that the proffer amendment had not been signed by the property owner nor approved by the Board of Supervisors, yet the proprietor of the salon sought a business license for her operation in June. The hair salon use was not permitted in June when the proprietor sought zoning approval as so stated by Planning staff in the notice of violation. As a representative on rezoning applications in the past, you should be well aware of the Code requirements that a property under consideration for rezoning not be delinquent in its real estate tax payments. Your statement that staff was acting "sua sponte" is once again inaccurate; staff was implementing County Zoning Code which states, "Every application for rezoning shall include proof that all property taxes due and payable to the County are paid and that no delinquent taxes are outstanding". Planning staff has spent more than 14 months working with you and your clients to achieve zoning approvals to enable various activities not identified as permitted uses in the original proffered conditions approved by the Board of Supervisors in 2001. 1 was disappointed to read your personal perspective and characterization of the Planning staff's efforts towards assisting your client. Sinc rely, Eric R. Lawrence, AICP Director, Department of Planning and Development cc: Greig Aitken & Tonie Wallace, 1160 Jordan Springs Rd., Stephenson, VA 22656 Board of Supervisors ERL/bad HARRISON &. JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 August 11, 2010 Eric Lawrence, Planning Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Stephen L. Pettler, Jr. Facsimile 540.667.1312 petticr@iiarrison•johnston.com Mobile 540.664.5134 In re: Proffer Amendment RZ#06-09;Historic Jordan Springs; Tax Map Parcels #44-294 and 44- A-294A, 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Eric: I am writing to withdraw, under protest, the above referenced proffer amendment application. This has nothing to do with the payment of real estate taxes-1ny clients will pay their real estate taxes in full today when they meet with Mr. Orndorff. The issue my clients protest is the process my clients have been forced to endure over the past year of operating their business in a linbo created by planning staff and the zoning administrator. Last year when the County issued a notice of an alleged zoning use violation at Jordan Springs, I communicated my clients' position that the use "Public Building" covered the uses my clients engaged in at the property. You disagreed. Rather than fight about this, and based on a planned course of action originating from the planning staff, my clients agreed to assist the County in coming up with specified uses for the property which would, in the staffs opinion, cover the uses my clients have undertaken at the property for years now.. This was done, at my clients' expense, and reviewed extensively by County planning staff and the County attorney. The proffer amendment was endorsed by the HRAB as a sensible plan to protect the historical integrity of the property, which, I remind you was voluntarily placed in an Historic Overlay zoning designation. The proffer amendment was then presented to the Planning Commission and recommended for approval with almost no comment. Things began to change when the Board of Supervisors then commented about their desire to more closely regulate events at Jordan Springs. This resulted in planning staff developing the concept of an annual festival permit to regulate outdoor festivals at the property (which we insisted, and continue to insist, do not occur at the property— there are events held outdoors, but none of which meet the criteria specified in the County ordinance regulating festivals). Again, having gone along with the process thus far, my clients attempted to accommodate the Board's concerns even though the process proposed by the County staffwas recognized to be an over -complicated and inappropriate approach. Letter to Eric Lawrence August 11, 2010 Page 2 My clients then expended more costs to participate in the process to amend the festival permit ordinances. At the ordinance amendment meeting it was discussed that my clients would only have to make an annual application for a permit rather than on an event by event basis as the events are not always scheduled far enough in advance to permit case by case review. This was recognized by the County attorney and other participants at the meeting and, despite this, the annual permit ordinance was passed requiring my clients to make an initial application for a single event festival permit as a prerequisite for obtaining an annual permit. Again, my clients attempted to "go along to get along" rather than spend resources pointing out all of the obvious inadequacies and faults with the approach the County was taking to this issue. My clients made their application for a one-time festival permit for an event in September (the next expected event which may— weather permitting— be held outdoors), only to be criticized in their application for not being specific enough about an event which has not yet occurred. Specifically they were criticized for not having an inspection of the tent which will be erected for the event in the future, and which cannot occur in advance. My clients thought they were in a scene from "Catch-22." At about this same time, my clients were issued a notice of another purported zoning violation because a woman who performs on -site beautician services and who has an arrangement with Jordan Springs where her independently contracted services are advertised to users of the Jordan Springs property, made application for a business license and used the Jordan Springs address as her place of business in the County. This woman, who we understand provides on -site services all over northern Virginia and D.C., was apparently instructed to use the Jordan Springs address by someone at the Commissioner of Revenue's office since she acknowledged she would (hopefully) be doing business on -site there. The advice apparently provided by the Commissioner of Revenue's office was given without an understanding of the woman's business or the nature of her relationship with Jordan Springs. Further, as I previously communicated to the staff, the room with the sinks and hair dryers which has been at the property for some time is the room which brides are provided to prepare for weddings. It is also used by other performers and users of the facility as a "green room." It is part of the facility, an amenity offered to all users, and to suggest that a "beauty salon" is operated at the property is without any factual basis. What makes the issuance of the second purported zoning violation so peculiar is the fact that the language of the proposed proffer amendment submitted by my clients in May, 2010 addresses these types of adjunct services at the property and was approved by the County attorney. The issuance of the purported violation letter, combined with the staffs finis -guided attempts to "clarify" whether the use of this property by my clients meets the "Public Building" zoning existing for the property, seem to indicate that the County does not want to assist my clients in their attempt to foster a successful business which will generate the revenues necessary to preserve this unique, historic Letter to Eric Lawrence August 11, 2010 Page 3 property. Rather, the actions of County staff indicate a misguided bureaucracy. My clients have repeatedly agreed to the increasingly misdirected proposals from staff. My clients feel as if they have given in to each demand/suggestion from staff, only to then be presented with a request for more concession— and then more concessions. This is an almost comical stereotype of bureaucrats run amok— comic except when it happens to you. The culmination of issues for my clients occurred over the last few weeks. Immediately upon receipt of the notice about the beauty salon, I communicated with planning staff. To date, I have not received a response to my communication or a telephone call, as requested, to discuss the matter. Further, the comments received to the outdoor festival permit submitted by my clients were immediately followed -up by my clients. They contacted the health department and fire marshall to discuss the issues raised ui the County attorney's comments submitted by planning staff in response to the application. It is my understanding that the health department and fire marshall did not know what to make of the staffs comments although the comments suggested the participation of the departments were to be integral to the permit process. We discussed this at the ordinance amendment meeting— how the departments would know what was going on— and I was told all the departments would be doing is be made aware that the event was occurring in order to be prepared to respond to issues that may arise as a result of the event. It seems the departments do not care to know even this. The issue of the unpaid real estate taxes also complicated matters, but the issue is moot given my clients payment— another hardship endured in the limbo of zoning use created by an idle planning staff acting sua sponte and without receiving any complaint from anyone about the propriety of the use of the property vis a vis its zoning designation. For all these reasons my clients have re-evaluated their decision to help the staff "clarify" the zoning uses permitted at Jordan Springs. In light of the process so far, the fact that the property is zoned for use as a Public Building, and the fact that Belle Grove engages in the same sorts of uses at its location in Frederick County, my clients have decided to stick with their original position that their use of the property complies with its zoning. As such, no proffer amendment is required and the application is withdrawn. It is unfortunate that what started out as a "friendly" proffer amendment instigated by staff has now lead to over one (1) year of proceedings and tens of thousands of dollars In expenses incurred by my clients. Tlus process should be a lesson to everyone involved about the where the undirected energies of bureaucrats can lead. Letter to Eric Lawrence August 11, 2010 Page 4 Please feel fi•ee to contact me with any questions or comments. I am Very truly yours, As// Stephen L. Pettler, Jr-. Stephen L. Pettler, Jr. SLP/sp cc: Board of Supervisors (via email) Clients (via email) HARRISON & JOHNSTON� 1C-'LC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 July 14, 2010 Eric Lawrence, Plarming Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Stephen L. Pettler, Jr. Facsimile 540.667.1312 petticr a Irarrison•johnston.com Mobile 5,10.664.5134 ,i j JUL 1 4 2010 i In re: Proffer Amendment R7-#06-09:Historic Jordan Springs-, Tax Man Parcels #44-294 and 44-A-294A• 10 33'Acres Zoned B2 (Business General) and Historic Area Overlay Zone Eric: Enclosed please find an Amended Proffer Statement in the above -referenced matter. Please contact me with any questions or concerns. With kind regards, I am Attachment cc: Clients COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 August 7, 2009 Ms. Toni Wallace Historic Jordan Springs 1160 Jordan Springs Road Stephenson, Virginia 22656 ngs RE: Special Eventent f cationthe Jordan Number (PIN): r'Property Property Id44 A 294 1160 Jordan Springs Road Zoned: B2 with proffers / Historic Area Overlay Dear Ms. Wallace: As a follow-up to our discussions and correspondence in earl nJune regar staff has the use of the Jordan Springs property for special events, the g Department communicated with the Virginia Department s oTransportation modificatioDnsO neceOur ssitateddiscussions by the with VDOT indicate that the potential transportation special events on the site might include the widening of the Jordan Springs entrance to allow for use by larger vehicles suchlimousines. as of the proffer ameld not ndmen bto enable e off -site transportation impacts to be mitigated as a result the Special Events. Presuming that you do intend to continue to resolution of the zoning violation is necessary. expected that you will make application by amendment, or other means you might wish to as a permitted use on the property. I am available should you have questions. host special events on this property, Therefore, as noted previously, it is September 1, 2009, for a proffer pursue, to facilitate the Special Events Since r ly, Eric R. Lawrence, AICP Director, Department of Planning and Development cc: John R. Riley, Jr., County Administrator Lloyd Ingram, VDOT- Edinburg Residency Paige Manuel 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 �ric Lawrence From: Steve Pettler [pettler@harrison-johnston.com] Sent: Friday, August 20, 2010 1:08 PM To: rshickle@shentel.net; cdehaven@crosslink.net; Eric Lawrence; garydove4@comcast.net; gary@garylofton.org; chris@collins4redbud.com; gfisher@visuallink.com; supervisorewing@yahoo.com Cc: Maureen Grillo Subject: RE: Proffer Amendment RZ#06-09;Historic Jordan Springs; Tax Map Parcels #44-294 and 44- A-294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Attachments: Letter 100820 to Eric Lawrence .pdf Please see the attached letter. Stephen L. Pettler, Jr. HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are Nvaived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. From: Steve Pettler Sent: Wednesday, August 11, 2010 12:16 PM To: Richard Shickle (rshickle@shentel.net); cdehaven@crosslink.net; elawrenc@co.frederick.va.us; garydove4@comcast.net; gary@garylofton.org; chris@collins4redbud.com; Gene E. Fisher (gfisher@visuallink.com); Bill M. Ewing (supervisorewing@yahoo.com) Cc: Maureen Grillo Subject: Proffer Amendment RZ#06-09;Historic Jordan Springs; Tax Map Parcels #44-294 and 44-A-294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Please see the attached correspondence. 7 HARRISON & JOHNSTON� PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 August 20, 2010 VIA EMAIL Eric Lawrence, Planning Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Stephen L. Pettler, Jr. Facsimile 540.667.1312 petticr@liarrison•johnston.com Mobile 540.664.5134 In re: Proffer Amendment RZ#06-09;Historic Jordan Springs; Tax Map Parcels #44-294 and 44-A-294A• 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Eric: This letter is in response to your August 12, 2010 letter. My letter of August 11, 2010 does not contain inaccurate statements. It accurately reflects my client's experience with the Planning Department staff. You will recall that in late April (I believe April 29, but my calendar is unclear), after the April 14 hearing before the Board of Supervisors, my clients and I met with you, Jay Tibbs, Mark Cheran and Chuck DeHaven at your offices. Most of the discussion involved issues relating to how an annual festival permit scheme could be structured in conjunction with my clients' proposed proffer amendment. In my mind, planning staff most certainly participated in "developing the concept of an annual festival pen -nit to regulate outdoor festivals at the property" as stated in my August I I'h letter. I suggest you confer with Mr. DeHaven to confirm his recollection of our discussions at that time. I also note that Mr. Tibbs attended both the April meeting and the Ordinance Review Committee meeting on June 16, 2010. Further, I and my clients do fully appreciate the premise behind zoning. The property is zoned to allow it to be used for "public buildings." Your staff has candidly admitted that they are unclear about what such a use includes or circumscribes. If Historic Jordan Springs does not constitute a "public building"— it is open to anyone in the general public for use for a fee— then the term must be completely meaningless. Perhaps you mean to suggest that the County adopted a completely meaningless ordinance when it amended the zoning at the property and expressly permitted this use in 2001. I do not believe this is the case. Additionally, nowhere in my August 11`h letter do I suggest "that the hair salon was permissible based on the language of the "proposed proffer amendment submitted by my (your) clients in May 2010." What I stated was, there is no hair, salon at the property. It appears that your staff is suggesting that a property owner cannot even have such things as hair dryers and sinks in a room or f Letter to Mr. Lawrence, August 20, 2010 Page 2 else it will be considered to be a salon. If someone has a massage chair at their business premises and lets people use it, does that mean they are running a massage parlor? The point of my letter in this regard was that my clients diligently complied with request after request from the staff. The proffer amendment proposed was intended to address all of the concerns staff had raised, no matter how far fetched my clients thought they were, and to address all ancillary issues that might arise in the future. That was why, after our discussions as a group, the language in the proposed proffer amendment— which was signed by my clients and delivered to you in July unchanged from the draft we circulated for discussion in May— included the catch-all "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." For staff to have endorsed this language after consultation with the County Attorney, and then write up my clients for an alleged violation which fits within that term indicated to my clients that the staff was not working toward a friendly clarification of an ambiguous zoning classification. This circumstance was particularly irksome because there is no beauty salon being operated at the property. The timing of the alleged violation proximate to the hearing on the rezoning application and staffs failure to respond to my requests to discuss it gave my clients a great sense of unease. I note you do not address the fact staff failed to respond to my request to discuss this matter in your correspondence. Finally, you misread my letter when you suggest I objected to the planning staff acting sua sponle when the issue of the tax payments was raised. The tax issue was, as I stated, was moot. The sua sponte act to which I referenced was the decision to declare a zoning violation at Jordan Springs in the first place, without any outside instigation or any complaints to staff about improper uses at the property. I had been told in the past that staff only investigates use violations after receiving complaints. Apparently this was not the case with regard to my clients. My clients are not in violation of any zoning limitation at the property. I hope the County will allow them to continue to make a go of their operations at Jordan Springs and their commitment to preserve its historic character. Please contact me if you have anything further you wish to address regarding my clients. I am Very truly yours, As// Stephen L. Pettler, Jr. Stephen L. Pettler, Jr. SLP/sp cc: Clients Members of the Board -of Supervisors Eric Lawrence From: Eric Lawrence Sent: Friday, October 02, 2009 1:13 PM To: 'Steve Pettler'; Mark Cheran Cc: Tonie Wallace Subject: RE: Jordan Springs Rezoning - Proffer Amendment Hi Steve. Thank you for the opportunity to review the draft proffer statement. I would offer three comments, followed with a potential resolution. First, the original proffers for the site were made and dated December 11, 2001; the rezoning application and associated proffer statement was approved by the Board of Supervisors December 12, 2001. It is suggested that the dates in the preamble be clarified. Second, the additional permitted uses are consistent with our discussions last week (9/25/09). Third, I forwarded the draft proffer to the County Attorney — Rod Williams- so that he could review the legal form of the proffers. Mr. Williams believes that the drafted amendment language may be somewhat cumbersome, more so than necessary. A suggested resolution to clarify the permitted uses on the property is to simply restate the original proffer statement, pertaining to the permitted uses, and include the four additional uses in the list. See suggestion below. Let me know if additional discussion is warranted. If you are comfortable with the above comments, please incorporate the comments and execute the proffer statement. One the proffer is executed, submit it to me so that we might complete the proffer amendment application package. ...based on our 9/25/09 discussion, we'll take the revised, executed proffer to the HRAB on November 17 to seek their comment/endorsement on the proffer as well as a parking strategy. Thanks -Eric DRAFTED AMENDMENT AS PROVIDED TO THE COUNTY The Applicant hereby proffers as follows: In addition to the uses proffered on December 12, 2009, the Applicant also proffers to limit the use of the Property within the Historic Area Overlay Zone to following uses: (1) Museums; (2) Eating and drinking places; (3) Exposition operations; and (4) Theatrical Producers and Miscellaneous Theatrical Services. SUGGESTED LANGUAGE TO IMPROVE EASE OF INTERPRETATION The applicant hereby proffers as follows: Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services From: Steve Pettler [mailto:pettler@harrison-johnston.com] Sent: Tuesday, September 29, 2009 4:58 PM To: Eric Lawrence; Mark Cheran Cc: Tonle Wallace Subject: Jordan Springs Rezoning'- Proffer Amendment Gentlemen: Attached please find the revised proposed proffer amendment per the discussions we had on September 25, 2009. Please review and comment before I submit to my clients for execution. I believe this comports with the uses we discussed and which were referenced in the SIC manual we reviewed at our meeting. I look forward to your comments. Stephen L. Pettler, Jr. HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. '2 . Eric Lawrence From: Steve Pettler [pettler@harrison-johnston.com] Sent: Tuesday, September 29, 2009 4:58 PM To: Eric Lawrence; Mark Cheran Cc: Tonie Wallace Subject: Jordan Springs Rezoning - Proffer Amendment Attachments: Proffer Statement SLP090929.doc Gentlemen: Attached please find the revised proposed proffer amendment per the discussions we had on September 25, 2009. Please review and comment before I submit to my clients for execution. I believe this comports with the uses we discussed and which were referenced in the SIC manual we reviewed at our meeting. I look forward to your comments. Stephen L. Pettler, Jr. HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#09- PROPERTY: Historic Jordan Springs Tax Map Parcels # 44-A-294 and 44-A-294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Grieg D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Grieg D. W. Aitken and Tonic M. Wallace, husband and wife PROFFER DATE: September 29, 2009 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 12, 2001 per that certain Ordinance Amending The Rezoning District Map, Rezoning#10-01 of Jordan Springs dated Decemberl2, 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 the Frederick County Board of Supervisors' ("Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision 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: In addition to the uses proffered on December 12, 2009, the Applicant also proffers to limit the use of the Property within the Historic Area Overlay Zone to following uses: (1) Museums; (2) Eating and drinking places; (3) Exposition operations; and (4) Theatrical Producers and Miscellaneous Theatrical Services. Respectfully submitted this day of 2009, [SIGNATURES ON FOLLOWING PAGE] t GRIEG D. W, AITKEN TONIE M. WALLACE STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of September, 2009, by Grieg D. W. Aitken. NOTARY PUBLIC Registration No.: _ My commission expires: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of September, 2009, by Tonie M. Wallace. Registration No.: My commission expires: 2 NOTARY PUBLIC Circa r600 HistoricJ ordan Springs Event & Cultural Centre September 15, 2009 Ms. Candace Perkins HRAB, Staff Contact 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 RE: Historic Jordan Springs Dear Ms. Perkins: ii6o Jordan Springs Road Stephenson, VA 22656 Thank you for the opportunity to present the attached information regarding our distinct property, Historic Jordan Springs. We submit this for your review and to give you a sense of how precious this property really is to us and the County. We are excited about our future and respectfully submit our request to amend our proffer for your consideration, but did r{ot want'to do so without your having a true sense of our history. I cannot emphasize enough how seriously we take the responsibility of caring for what we believe is the `diamond' of Frederick County and the Commonwealth of Virginia. When we first purchased the property in 2001, we had an idea of the importance of the property and placed the first and only historic overlay in the Commonwealth of Virginia. Now that we have had the distinct honor of owning Historic Jordan Springs for eight years, we have really come to an even more passionate position. The improvements have been extensive, not to mention costly, but we know that everything we have done is the right thing to preserve our history. We do have a general confusion as to the objectives of the proffer amendment and realize the awesome responsibility of the necessary language for an ordinance governing historic properties, and, therefore, we would ask that this matter be tabled while we work through all of that, but more to allow time for the entire Board to plan a site visit to the property to realize the true sense of the importance of why we request a non-conformance exemption. We are truly grateful to get before the HRAB because we are confident you will clearly understand why we are so very passionate about our property and the importance of protecting it. Thank you for your consideration of our request for more time while we work through the language and the vision for Historic Jordan Springs. Respectfully, Greig D. W. Aitken and Tonic M. Wallace Aitken GDWA/TMWA:lm Formerly Historic Jordan Springs Hotel and Monastery of the Missionary Servants of the Most Holy Trinity Tonie M. Wallace -Aitken, President and CEO TonieWallace@HistoriciordanSprings.com 540•667.7744 w-wW.HistoricJordanSprings.com 877•837•8313 Memorandum To: Candice Perkins, Scnior Planner, Frederick County From: Richard Bell, President, Preservation of Historic Wmelicster (PHVM Date: 14 September 2009 Re: Historic Overlay (11k) Zone As you meet with the Historic Resources Advisory Board I would like to offer the following in support of your efforts: Preservation of Historic Winchester- (PI-M is a membership advocacy organization that "exists for the purpose of safeguarding the heritage of the Winchester and Frederick County community and for assuring a quality of life for tomorrow represented by the best of the area's past. To the end that this goal may be encouraged among the people, and the charm of their community maintained and improved, this organization shall, through a program of education, enlist support for and participate in the preservation, restoration and ownership of sites, buildings, structures, and objects significant to the cultural, social, political, economic, and architectural history of the Winchester, Virginia area." This is directly from the Mission Statement of the organization. The purpose of this letter is to lend our support in your efforts to further define and refine the county Historic Area Overlay Zone (HA). This is clearly within the mission of our organization. PHW is often viewed as synonymous with the City of Winchester historic district or the Board of Architectural Review (BAR) that is appointed by Winchester city council to administer their local historic district. While we may have similar goals relative to Winchester's very specific local historic district our vision is more global in scope. One of the biggest challenges of our organization is in addressing the misleading and poorly characterized information that is circulated about preservation efforts in general. Recent articles and editorials in the local press about the Winchester BAR as well as the potential of establishing an historic district in Middletown clearly show the need for our continued education and advocacy for preservation issues. The efforts of preservation through zoning are no different than the underlying principal of zoning itself, a generally accepted norm, and not unlike the requirements of other community oversight tools such as uniform building codes, fire and life safety codes, site planning and transportation design guidelines and the many other layers of community level management. This is where the larger community establishes what is important, requiring oversight and some level of regulation. Those who will most strongly resist oversight or the establishment of an historic district would also resist the other layers of community management already in place and generally well accepted for the overall well-being. Your efforts can establish an overarching philosophy of what is important and necessary for the protection of our community resources for generations to come. While as individuals we may be all well intentioned it is not reasonable to expect that we will all make decisions that are best for the community at large. It is human nature to think of self first particularly when it comes to major commitments of personal resources (our time and money); primarily with our investment in our real property (our buildings). In our community, with existing efforts to manage safety, access and efficiency of our community infrastructure, it is reasonable to expect that we should also manage our aesthetic and our cultural resources. They are not only a representation of a community's identity but also have a large positive impact on an area's economy and are the foundation of our distinctiveness. Just as the City of Winchester is actively evaluating its historic district guidelines Middletown is determining what is important and worth protecting under its own unique sensibility. Each community has the right and the responsibility to evaluate and enact protection of what it feels is important. Preservation efforts help to focus a community to avoid reactionary changes or approaches where community resources can be permanently lost. Most who drive through Middletown will agree there is a charm and character that is economically attractive and worth preserving. It is only through introspection and dialogue that a community can identify what is the basis of that charm and the strength of that character. We encourage this active dialogue and offer our resources in their efforts to preserve what is important. Building codes have been around for but a century and zoning has only existed since the 1920s yet these are considered as normal and customary means of community management. Preservation efforts in the U.S. have been around for just as long and even longer and yet have a much harder time being accepted. The challenges in establishing a community preservation effort are in the details. The establishment of design guidelines, as well as organizational policies and procedures will lead to the greatest success of this community management tool. These should help to guide property owners through the process of property repairs and maintenance, additions to existing buildings as well as total rehabilitation projects and even new construction so as to be sympathetic to the established aesthetic. A community aesthetic can disintegrate quickly or over a period of years but once it is clearly damaged by inappropriate efforts it is difficult, if not impossible to regain. The Historic Resources Advisory Board is established to be that voice of the greater community. PHW is a resource to the Winchester and Frederick county community in efforts to preserve and maintain our area cultural resources and our community aesthetic. We support economic development through such efforts and offer resources to assist in making educated and appropriate decisions for a well managed community. We have too much at stake to allow the further erosion of our cultural foundation. Eric Lawrence From: Tonie Wallace[TonieWallace@advlegaltecli.com] Sent: Thursday, September 10, 2009 1:50 PM To: Eric Lawrence; Steve Pettler Cc: greigaitken@historicjordansprings.com Subject: RE: FYI- HRAB September 15, 2009 Meeting Hi Eric, Thank you for the information and all your guidance. Please know that we will be present for the meeting and I am presently working on packets to provide the Board. I look forward to seeing you and working with you. Regards, Tonie Tonic M. Wallace, Owner, CEO, RPR, CCR, CME Historic Jordan Springs, LLC. 1160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX vv,vNwv.I-IistoricJordanSprings.com I Tonie)Alallace(a,historiciordansprilias.coni Please visit our Websites to learn more about our services and products: \vNvw.advlegaltech.com NyNyw.syncyldeo.cOnl \\FNvw.COLirtreportingconsultants.coni \y\yw. COLlllt}'coui-tl'ep01'ters. c0111 \\'\y\\'.1'ep01'tel'S �1'OLIp. C011l \y\y\\'. marN,I alldreportiii g, COi17 Tlus message is intended Orly for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at Historic Jordan Springs, 1160 Jordan Springs Road, Stephenson, VA 22656 via U.S. Postal Service. THANK YOU. From: Eric Lawrence[mailto:elawre[ic@co.frederick.va.us] Sent: Thursday, September 10, 2009 12:07 PM 'ro: Steve Pettler; Tonie Wallace Subject: FYI- HRAB September 15, 2009 Meeting Hi Tonie and Steve. Attached is the agenda for the HRAB meeting on Tuesday, September 15'r'. We hope to use the meeting to capture a supportive comment for the proffer amendment, as well as work towards establishing parking standards that might be more appropriate for historic properties. We trust you will participate in the meeting and offer input on both issues. Thanks. -Eric Eric Lawrence _ From: Eric Lawrence Sent: Wednesday, September 02, 2009 1:05 PM To: 'Steve Pettler'; Tonie Wallace -Aitken; Greig Aitken Subject: Jordan Springs proffer amendment Hello Steve - I did receive the proffer amendment application yesterday, September 1, 2009, for Jordan Springs — this submission was necessitated to remedy a zoning violation on the property which involved various special event activities that were not permitted by the property's current proffer statement. A few items do still need to be submitted as part of this application, and should be provided to the Planning Department no later than September 15, 2009 so that we can deem the proffer revision application submission complete. These remaining items include: A statement verifying that taxes have been paid for the property. Via voicemail, you indicated that the property owner had paid their taxes and that the property was in good standing, and that the owner would be submitting the receipt to me; As of the writing of this e-mail, I've not received the taxes paid receipt. A revised proffer statement, appropriately executed by the property owner and notarized. This could be accomplished by restating the previously approved proffers (circa 2001) and adding the proposed use revisions. This proffer statement must comply with applicable legal format requirements, and gain the County Attorney's approval regarding format. A survey/plat depicting the parcel to which the revised proffer statement would apply. (The existing proffer statement applies to only a 10-acre portion of the entire 220-plus acre Jordan Spring property holding. The plat submitted on September 1, 2009 depicts the entire 220- plus acre parcel.) I would also note that the County's Historic Resources Advisory Board (HRAB) will provide an agency review of the revised proffer statement request at their September 15, 2009 meeting. It is expected that a representative of Jordan Springs be present during the HRAB meeting to address any concerns, and gain the support, of the HRAB. As previously noted in correspondence to Tonie Wallace, the HRAB will be considering draft design guidelines applicable to properties located in the Historic Area Overlay (which would apply to the 10-acre historic Jordan Springs site). These guidelines are intend to accommodate site improvements, but under standards that are more appropriate for historic properties. A good example of one aspect of the design guidelines might be a parking area surface requirement other than bituminous concrete (asphalt). The HRAB will be discussing the draft guidelines during their September 15, 2009 meeting, and encourage Jordan Springs' participation. Please contact me should you have questions. Thank you. Eric Lawrence Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a)co.frederick.va.us httD://www.co.frederick.va.us/Planning www.co.frederick.va.us Eric Lawrence _ From: Eric Lawrence Sent: Thursday, August 27, 2009 12:13 PM To: 'Steve Pettler'; Tonie Wallace -Aitken Cc: Mark Cheran Subject: Jordan Springs Steve - Per our telephone conversation earlier today regarding the special event activities at Jordan Springs, and the proper course to remedy the violations of the proffer: I've spoken to Mark Cheran regarding what a "Public Building" is. Mark stated that public buildings are government utilized buildings such as fire stations, animal shelters, general government offices, etc. Based on my understanding of what Tonie would like to see at Jordan Springs (weddings, concerts and performances, holiday gatherings, and other special events), I would suggest that these special event uses could be accommodated in Restaurants, SIC 58; Theatrical Productions, SIC 7922; and Hotels, SIC 70 should the facility ever seeks to accommodate overnight guests. Securing a revised proffer to enable Restaurants and the Theatrical Productions is necessary to bring the site into compliance with the proffer. It is also worthy to note that parking to accommodate these uses is required. As I mentioned to Tonie, the HRAB is prepared to draft parking lot/surface guidelines for the Historical Areas Overlay District, in which Jordan Springs is located. I would encourage the Jordan Springs representatives, following the filing of the proffer amendment by Sept 1, to submit a letter requesting any specific parking lot standards that might be appropriate for historic sites such as Jordan Springs. The HRAB could work to incorporate such standards into a code amendment during their September 15th meeting. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application it10-01 for the rezoning of 10.33 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: 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 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business u es R0/'/ ���6,,,-1 7d�j I (L) 1dW&--, RE ZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 Signage Limit the allowed business sign to one sign. The sign shall be of monument -type construction and linuted to fitly (50) square feet in size or a placard. Off -site Improvements to Lagoon. SeweraVe System Pond Provide security -type fencing along the parameter of the lagoon sewerage system pond that services the 10.33 (+/-) acres. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Missionary Servants of the Most holy Trinity By: (Signature (Print name)_3ordan Baxter, S. T. Date: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of December 2001 by: My Commission expires: Notary Public: Prrperty Identification &ULIeYN:::::1 l Strict PrTo , of Preliminag-AL i-I Pcrsua ., 1-non :5 seo o? 'be code oivirg.nic. P50, as amended, and the provisions o' the Frederick County Zoning Ordinance wiLh respect to conditional zoning, the undcrc..:_: ~' '_._`., �_iffers that in the event the Board of Supervisors of Frederick C.�+or. v- V hu;aL4, Ko2d; eNp,osrz e Rorir,g f pp:icizi ..: ;,'id" C, fir th-j :mooning Of 10.33 (+i••; frorn. io-PO ^r-x ' R A • Lnn:nz laistricc Lo 13w1l ldbS veL,r i (B-2; Zoning District " z: A- :a (HA) Overlay Zone. Dcrclopnicm of the suojcct propr-Ty skull be done in conformity with the terms and conditions set forth herein, except to the extent that such -erns ann c:ond rions may be subsequently ameri-ae or revised by the applicant and such •-pl_-vra by the Frederick County Board of ,-upervisors in accordance w)tli Virginia law. In the event 'hat such rezoning is not granted, then these proffers shall be deemed a ,,hLi, a�. u :ijd have rw effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Bor.� �f � r,:e^:;'•c.*s fir tb= C: =ri rf -; I pprovcs the rezoning for "e 10.33 rr' +:res thew? rs:gnr: Transpor:i:dz;.7 C:.i1L'L.: �• �'�j �_�-�`c :r : :,.:end a�::'; sir st � , si%-- planning stage in accordance widr the Vizgir& Depar=cnt of Transportation (VDOT) standards. Provide ueceisalwrigril'ji oar aioag1<ult:L::4-� :"roar'. VDOT. ` £iiu auccs s«alI bV t ¢lil,d tl) iv. J k'Z) a:t.�-rscs onto I' :,•_':: ,r't4. All ecm. -^ces shall be constructed in accordance with. VDOT standards and Frederick County standards. Allowed USC9 Limit the allowed uses to: Health Services Legal Services Eginccring, accounting, research, management and related services. General business offices Public buildings Residential uses winch are accessory to allowed business uses REZONING REQUEST PROFFER r L'iccu-r! c'ri i�''.'••':��a �:�T�iER'12� r�I°ti'!!:t i.,iui: `.lic allowed business sign to one sign. The sign °hall be of monuTunt-type G').aszr c;Uan ajad limited to fii,f (50) s:i;;aru f--LA ::a F::; OC' s ",.F:•__r. i�prn�crnenh to i.::�� :�2rY2i'Si � 3�.+u� P;?u I P! ,X� Lille yiA„rrir-". e f"emcing along the parameter of �-he 1:tLou.'. pond tn;t irxvicea the 10.33 (.4-) acres. Tit-- =ditizm pt^f'eired z1-,nvr shall be birenz Upon the heim exccutors, adminiaUvtura, s ir. in►erc-vt of the Apphccant and Owner. in t : evccii tha F,crlerick -_�:._� SLL< of 5tip=43vra grant said retuning and accepts these conditions; the ,rfi nr.ntijt l,rs ghpjl ?TIF- . . _-t T.'' -•-t;:::'. ', r.'•'. "an to other requirements set PROPERTY QVNER ,.Rti:r.;qu�ry Sex��ants ei 3:e i:34st Holy ; c ia':ty t (Pri3 aer.?a). RZ 0 A. . u�- X _r-e. STATE OF M. kRYLAND. A_ T L.AR E MONTrW aRY COUN7� , To -Wit. The forcgoirg instrutneat was acknowledged before me this 11 th day of 0ecembe r, 2001. inv %nmatiss.on t:xp;ic-;: ji;j It 1 Notary Public: /y _ Revised 1 NSR001 prt Fredeick C Linty S and Planning talnmY,cion uuinus�,s aTiAL P . 03 � p (��- �, C S �Gt Li�l=4 T Eric Lawrence From: Historic Jordan Springs [newsletter@historicjordan springs.com] Sent: Monday, August 31, 2009 149 PM To: Eric Lawrence Subject: Historic Jordan Springs Ballroom Dancing Classes start this Thursday! ca(. IWO 1P Histonc Jordan Springs 540* 667,7744 Event & Cultural Centre wtv Offstoric,7ordanSprings.com If you wish to be removed from our mailing list, please click here . In order for us to promptly process your request, please do not change the subject of the email. R I/ Eric Lawrence From: Historic Jordan Springs [newsletter@historicjordansprings.com] Sent: Tuesday, August 25, 2009 4:58 PM To: Eric Lawrence Subject: Paranormal Dinner & Investigation -This Saturday at Historic Jordan Springs 0 Dinner and a Paranormal Experience PART 8 a 6:30PM PARANORMAL INVESTIGATION 6:30 pm - 7:00 pm 7Pm-8:15Pm 8:15pm-9:00pm 9:oo pm - moo pm 11:00 pm - 11:30 pm 11:30 pm - 1:30 am 1:30 am - 2:00 am Attire: Casual Bar Service: Cash Bar Registration Form Cocktail Reception in Pub Dinner in Carriage House Presentation of Evidence First Leg of Investigation Debriefing Second Leg of Investigation Debriefing DINNER MENU Read The Star Article Listen to SV Radio Pod Cast Visit the Investigators Website 1 is Roasted Beef Brisket Ndth Barbeque Sauce Grilled Chicken with Corn Salsa Cole Slaw Roasted Seasonal Vegetables Fresh Garden Salad with Local Tomatoes Fresh Baked Rolls Chefs Choice of Signature Dessert Prepaid Reservations Required *Tickets: 540.667.7744 or 877.837.8313 - $60.00 per person - 2 hour Investigation > - $90.00 per person - 4 hour Investigation *Ticket prices do not include tax or gratutf PARTS 1, 2, 3, 4, 5, 6 and 7 sold out, so don't miss this chance to be a part of the actual investigation in PART 8! Cocktail Reception begins at 6:3opm, followed by Dinner and Presentation on the findings from Investigation PART 6. Investigators �%ri11 discuss their authentic evidence of the paranormal activity at Historic Jordan Springs and invite you on actual investigations. This Investigation is another in the year long investigation seeking genuine evidence insuring that it is legitimate, researched and anal)rred before presenting it in a filmed documentary and book for the general public. This is the first of its kind. Ticket Prices include Dinner, Presentation & Investigation. If you wish to be removed from our mailing list, please click here. In order for us to promptly process your request, please do not change the subject of the email. r From: Sent: To: Subject: Historic Jordan Springs [newsletter@historicjord Monday, Au ust 17 ansprings,com Eric Lawrence 2009 1:42 PIVI Only 5 More D � Days Until the Nephew of Actor Jack Palance- Nick Palance- is in Concert! 4P C1RCA Ibp0 astoric"--,Jordan -Jordan S � � l f +.� ll gs rt'CIIIt r Cillr There is still time to LII'ZI CCI1rI C get tickets to see Nick Palance Live in Concert! Choose l from Concert 011ly, Concert & Dinner, or Concert, Dinner & Paired Wines ticket levels. Get your tickets nol , while there are still seats available! Reserve Ila, tickets t c]av� r Title Sponsor Tlu•ee Fox Vineyards Featured Win ., THRFF FO'- a; V n H r.-, a "Maestro Disclaimer: though every effort is made to ensure the accuracy of descriptions, advertisements, services hired, and other rovisions made by Historic Jordan Springs, occasions may arise in which it shall be necessary to substitute, alter, or othenvise change events and other services provided by Historic Jordan Springs. As such, the company reserves the right to cancel, limit, or substitute for an item or service equal to or of greater value than that purchased as deemed necessary by Historic Jordan Springs. All tickets shall be non-refundable, on -transferable, and offer no cash value unless previously arranged, in writing, by Historic Jordan Springs. If you Nish to be removed from our mailing list, please click here . In order for us to promptly process your request, please do not change the subject of the email. Eric Lawrence From: Paige Manuel [hpm@visuallink.com] Sent: Monday, August 10, 2009 2:39 PM To: Eric Lawrence Cc: Tonie Wallace -Aitken; Mark Smith; Greig Aitken Subject: Historic Jordan Springs Eric, I received a copy of your letter dated August 7 which was written to Tonie Wallace. Would you please have someone assemble all the paperwork, applications and so on required to make the proffer amendment to enable Historic Jordan Springs to have "Special Events " as an approved use. Tonie advised me that there have been continuous special events" held continually at Historic Jordan Springs since the Catawba Indians held annually where they sought the healing white sulphur springs. The Catawba Indians held sacred ceremonies throughout the year. The springs were guarded year-round. Please see www.historiciordansprings.com. Please click on on "HISTORY". If you will leave the forms at the Planning and Development front desk, I will pick them up tomorrow, and return the completed application to you by Friday, August 14. QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements ? Secondly, do you see a flared 90=degree opening as being one of the components of the required improvements ? Do you see curb and guttering and pavement as being components of required improvements ? I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Thank you for your help. HPM Paige Manuel Associate Broker DAB COMMERCIAL REALTY, INC. Commercial Real Estate Services 440 W. Jubal Early Drive, Suite 100 Winchester, Virginia 22601 Telephone: (540)667-9794 Mobile: (540)247-4974 Facsimile: (540)667-4432 E-Mail: hpm(a)visuallink.com Website: www.dabcommercialrealty.com This e-mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is confidential. Please be aware that this e-mail (including any attachments) may contain attorney - client materials or attorney work product, legally privileged and protected from disclosure. If you are not the intended recipient, any disclosure, copying, distribution or use of this e-mail or any attachments is strictly prohibited. If you have received this e-mail in error, please notify Paige Manuel immediately by returning the e- mail (and any attachments) to him and delete this copy from your system. Thank you for your cooperation. in i L , COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 June 12, 2009 Toni Wallace Historic Jordan Springs 1160 Jordan Springs Road Stephenson, Virginia 22656 RE: Special Event Uses at the Jordan Springs property Property Identification Number (PIN): 44-A-294 1160 Jordan Springs Road Zoned: B2 witti*proffers / Historic Area Overlay Dear Ms. Wallace: I appreciated the opportunity to meet with you June 2, 2009, to discuss your use of the Jordan Springs property for special events. I trust those of us at the meeting; including you, Paige Manuel, John Trenary, Mark Cheran, and me, collectively have a better understanding of your envisioned use of the historic property for special events, and the associated County building code and zoning requirements. This letter is offered as a summary of our discussions, and as further clarification regarding the steps necessary to bring the property into conformance with the zoning ordinance. The site is a beautiful property, and whether an event is held inside the site's historic structure or within a temporary tent, it is important to maintain compliance with the applicable county codes. John Trenary has informed me that the building code concerns associated with the temporary tent have been addressed, and that a 180 day temporary tent permit has been issued (tent permit to expire December 15, 2009 per building permit #642-09). Confirming adherence with the building code addresses an important safety component. As we discussed, the actual use of the property for special events — whether it be within the existing historic structure or outside on the grounds of the property — is in violation of the proffered conditions associated with the property's B2 zoning (Rezoning Application # 10-01 ), approved by the County on December 12, 2001. The proffered conditions identified the permitted uses; special events facilities were not included in the list of permitted uses. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Page 2 June 12, 2009 Ms. Toni Wallace RE: Special Event Uses at the Jordan Springs property The zoning violation could be alleviated upon successful completion of the following three development steps: Securing a proffer amendment, approved by the Board of Supervisors, which includes special events as a permitted use on the property; 2 Securing an approved site plan, a key component of which addresses parking area(s) location and design adequate to accommodate the anticipated capacity of a special event; and 3 Implementation of the site plan identified improvements. Two potential hurdles to the process might be achieving compliance with any Virginia Department of Transportation (VDOT) requirements pertaining to the site entrance onto Jordan Spring Road, and the ordinance requirements for parking to accommodate your special event guests. I would encourage you to consider establishing a maximum number of guests allowed as part of a special event; such a limitation may be of assistance in determining if any/or the degree of entrance improvements that may be necessary to satisfy transportation safety. Staff has initiated communication with VDOT to assist in gaining an understanding of the potential entrance and road requirements. I had hoped to include our findings in this letter, but have not yet completed our discussions with VDOT. Once we receive finalize our discussions with VDOT, we will convey this information to you. Additionally, in recognition of the property's history, and its inclusion in the Historic Area Overlay District, it may be appropriate to consider an amendment to the County Code pertaining to parking lot material standards. With a letter from you requesting a revision to the parking material standards, the County is prepared to initiate an ordinance amendment that would enable a parking material more complementary of a historic setting. As we discussed, parking areas constructed of pea gravel and grass pave may be more appropriate and compatible with the historic character of properties within the HA Overlay District, such as Jordan Springs. Presuming that you do intend to continue to host special events on this property, resolution of the zoning violation is necessary. Therefore, it is expected that you will make application by September 1, 2009 for a proffer amendment, or other means you might wish to pursue, to facilitate the Special Events as a permitted use on the property. Following an approved proffer amendment, it is expected the site plan and associated constructed improvements be implemented by June 1, 2010. r Page 3 June 12, 2009 Ms. Toni Wallace RE: Special Event Uses at the Jordan Springs property I would note that if we do receive a formal complaint regarding the special event activities occurring on the property, we will need to expedite these targeted dates and seek ordinance compliance. I look forward to assisting you in achieving your envisioned special event uses on this property. Sincere Eric R. Lawrence, AICP Director, Department of Planning and Development cc: John R. Riley, Jr., County Administrator John Trenary, Building Official Mark Cheran, Zoning Administrator Eric Lawrence From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.virginia.gov] Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Attachments: MVC-005F.JPG; MVC-001 F.JPG; MVC-002F.JPG; MVC-003F.JPG; MVC-004F.JPG Eric, I had a chance to look at the entrance the other day. The driveway pavement will need -to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be ,required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingrain, Transportation Engineer nn f S Virginia Departinent of Transportatioii Edinbliig Resideiicy — Land Developinent 14031 Old Valley Pike Edinbii g, Viiginla 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 From: Eric Lawrence[ma iIto: elawrenc@co.frederick.va.us] Sent: Monday, August 10, 2009 3:53 PM To: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Hi Lloyd. Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process — in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to /1,1�ccommodate the traffic movements from the public road onto the private drive. Did you also envision requirements for curb/gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so 1 can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements ? Secondly, do you see a flared 90-degree opening as being one of the components of the required improvements ? Do you see curb and guttering and pavement as being components of required improvements ? I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(- ,co. frederick.va. us http://www.co.frederick.va.us/Plannifici www.co.frederick.va.us IF, 0 VY Te . ;fir,. .. • :� y,,,;-�:. _ - �, J. �?`. To 4--SAW—'- — - — - - W*v 0 Ar ,'� � . 0 4& i r e i { t . t • 1 .a,. •a`,�.i� 0 0 0 qw� 10. ,Jw �r- ilan MIN 104. 1�0 K 7 � i LI.A� I c-.,�,_ �1�..-c- �� U �� Eric Lawrence From: Ingram, Lloyd[Lloyd.ingram@VDOT.virginia.gov] Sent: Wednesday, August 12, 2009 8:04 AM To: Eric Lawrence Cc: Funkhouser, Rhonda Subject: RE: Jordan Springs entrance Yes, you can use it as an official VDOT comment. —Lloyd From: Eric Lawrence [ma iIto: elawrenc@co.frederick.va.us] Sent: Wednesday, August 12, 2009 8:52 AM To: Ingram, Lloyd Subject: RE: Jordan Springs entrance Thanks. and nice pictures. Could I use this comment as an offip[al VDO`T comment for the Jordan Springs proffer amendment to enable "Special Events"? Sounds like you captured the essence of the entrance expectations. From: Funkhouser, Rhonda [mailto: Rhonda. Fun khouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingrain, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 From: Eric Lawrence[mailto:elawrenc@co.frederick.va.us] Sent: Monday, August 10, 2009 3:53 PM To: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Hi Lloyd. Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process — in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to accommodate the traffic movements from the public road onto the private drive. Did you also envision requirements for curb/gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements ? Secondly, do you see a flared 90-degree opening as being one of the components of the required improvements ? Do you see curb and guttering and pavement as being components of required improvements ? I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o-)co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us 0 T� Eric Lawrence From: Eric- Lawrence Sent: Wednesday, August 12, 2009 9:15 AM To: 'Paige Manuel' Cc: Greig Aitken; Tonie Wallace -Aitken Subject: FW: Jordan Springs entrance Attachments: MVC-005F.JPG; MVC-001 F.JPG; MVC-002F.JPG; MVC-003F.JPG; MVC-004F.JPG Hi Paige. Per your request, I have obtained VDOT's comment pertaining to entrance improvements that are required at the Jordan Springs site entrance. I have confirmed with VDOT that these comments are their official comments associated with the pending Special Events proffer revision. -Eric From: Funkhouser, Rhonda [ma ilto: Rhonda. Fun khouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Eric, I had. a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 r � From: Eric Lawrence[mailto:elawrenc@co.frederick.va.us] Sent: Monday, August 10, 2009 3:53 PM To: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Hi Lloyd. Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process — in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to accommodate the traffic movements from the public road onto the private drive. Did you also envision requirements for curb/gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements ? Secondly, do you see a flared 90-degree opening as being one of the components of the required improvements ? Do you see curb and guttering and pavement as being components of required improvements ? I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o)co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us I A CURRENT OWNER, A/ISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF, TAX AIAP -44 -A PRCL 294 CURRENT ZONING, RA REOUESTED REZONING, B - 2 REZONING AREA, I0.33 ACRES N45'00'00 140.00, N17.30'00'W 250.00' �S _ .•` 00 N \ ^.,\ .9\. 00 \ I \\ 523.001001W 297. 00' e,\ yS � BOUNDARY INFORMATION SHOWN HEREON IS 00'- COMPILED FROM EXISTING LAND RECORDS ;��`.\ AND DOES NOT REPRESENT AN ACTUAL FIELD RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. ,900, THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THEREFORE, THIS PLAT MAY NOT INDICATE ALL EIJCUMBRANCES 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. . p0�� to 30�. nIQ 579.56S4"E N63•� N t181.32'1�"E 351.BB' .r I� 353.27 N86.33'40"E 445. OB' rt m Il'f cQ, 589.18'03'E 900.00' 500.41 'W ``" `�y9 32.74 = 138.08 0 ` Y h� No 0 0 QO �O N n O N C N o 0 8.97 `, '^ � 106.9.1' y '^' 589.18'(ly'E 900.00' �I 647'00'00'W 6 0� 179.00' �-ow �5p -.A 1502.5. 04"E �I�✓ 235.00 \ _ N83.00'0l'w 105.00 523.3004"E 393.93 4.30'00"W 514.09' /OO o ,00 zoo zo. !Zo:z"11 J' p L a O REZONING IZ ,QU ST PROF Property Identification Number 44-((A) Stonewall Magisterial District Page 1 of 2 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 910-01 for the rezoning of 10.33 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: 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 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. 0 f Allowed Uses �'' L Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Al Public buildings L, Residential uses which are accessory to allowed business uses C ) d bJ C�r` �'%t`'t 1 IGtiI1/ln'� --------------- --- —------- c ,� a a crn Y� R4• rNor-- 7. 10 • mein R4 i op It . '•�'. - ..Proposed 11r- . 82 . aW m11FM o a-i m Ono RP © M ORP m E#11D RP Planning Access Terminal Jordan Springs Property & Surrounding Area GIS-BUI L DING_ FOOTPRINTS Parcels SVVSA QUrban Development Area Zoning B1 (Business Neighborhood District) 62 (Business, General DistrisO B3 (Business. Industrial Transition Distinct) EM (Extractive Manufacturing Distnct) rojl ye HE (Higher Education Disinct) itaLt M1 (Industnal, Light District) M2 (Industnal. General District) MH1 (Mobile Horne Community District) ildip MS (Medcal Support Distircl) R4 (Residenbal Planned Community D UTICI) enti 4w R5 (Residal Recreational Community Dis! RA (Rural Area District) RP (Residential Performance Dislnct) Note Map Created by Planning County Dept of e Planning 8 Development 107 N Kent St Suite 202 Winchester. VA 22601 540 - 665 - 5651 0 125 250 500 Feet Eric Lawrence From: Eric Lawrence (elawrenc@co.frederick.va.us] Sent: Tuesday, May 19, 2009 2:03 PM To: John Riley Subject: FW: Jordan Springs Map Attachments: JordanSpringsLocation Map. pdf Hi John - Attached is a PDF illustrating the location of the current 10 acre B2 zoning on the Jordan Springs site, and a potential additional 11.5 acres of B2 zoning that could be sought based on its location within the SWSA. Collectively, these two areas (totaling approximately 21.5 acres of 132) capture the extent of SWSA on the Jordan Springs property. I will send over color copies of the illustrative for your use. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o)co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us ANIENDME.NT Action: PLANNING COMMISSION: December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10-01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WHEREAS, Rezoning # 10-01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12, 2001;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 ORDAIlVED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10 acres from RA (Rural Areas) to B2 (Business General) with the RA (Historic Area) Overlay Zone, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #28-01 This ordinance shall be in. effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Richard C. Sluclde, Chairman W. Harrington Smith, Jr Charles W. Orndoff, Sr. PDRes. 1128-01 0 \M;rnJa�\COMA76N7tiH IYUNIN(7RhS/>L11 f"NVurd Spnngs o�rJ -y-e- Sidney A. Reyes ny,p Aye MargaretB. Douglas Aye Aye Robert M. Sager Aye A COPY ATTEST John R. 'ley, Jr. Frederick County Administrator PIE ZONING REQUEST PROFFEE, Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 Sipnage Limit the allowed business sign to one sign. The sign shall be of monument -type construction and linuted to fifty (50) square feet in size or a placard. off -site Improvements to Lagoon SeweraLle System Pond Provide security -type fencing along the parameter of the lagoon sewerage system pond that services the 10.33 (+/-) acres. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Mlssiouary Servants of the Most Holy Trinity By: (Signature (Print name)Jordan Baxter, S. T. Date: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledged before ►rne this day of December 2001 by: Iffy Commission expires: Notary Public: Prr•lperty Identiftcatiotz 1 i Strict PrelitninaEy_AL pjj Pursuavt 3; --ien o! :be code of virg,nic, 1350, as amended, and the p-,isions a- the Frederick County Zoning Ordinance wiLi respect io conditional zoning, the under--: ^' ._`_; -_offers that in the event the Board of Supervisors of Frederick (xia atom. irQ;ara, vial; dppiw.r- R=or ir,g Y.ap:ic���.: ; 1J_C' fir jh~ :mooning o: 10.33 (+,' ; 3'. 'c frot?�^?� hr* �R A . Lna tip L)isiriCi i0 tjtiallICSS vLiuPC.J (3-2; Zoning - , ., �..� Uisi,•ict r� ,.:. • �. .. .�..-- a (HA) Overlay "lone. Developmenc of uhe sut3lcct Fraptrzrty shall be done in conformity with the terms and conditions set forth herein, except to the extent tiat such '=rns ana cond:ticns may be subsequently amen -et: or revised by the applicant and such . by the Frederick County Board of .-upervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be detmed w ati z :iid lizve no effect whatsoever. Tire undersigned, that owns tt:c above described property, hereby voluntarily proffers that if the Bor;: �f r,:--r:te rs for the C: cnri rf F:ed"i6i I pproycs the rezoning for ite 10.33 !*; 1 1:res the Transpov*z td --; C;.I. ind st t �►, A;2 Planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide [tec=sa..-vr28lit jijar, i-Qju:: --- -ti -"roar! _:L+A)v;;:n--t- i:.;_ VDOT. Etai arcs sicall by iiLiit,d w iv, a -,"Z) it : i:rc: l cr.u.s:.ccs onto I :':' r t'• All eer- -:ces shall be coasmictcd in accordance with VDOT standards znd Frederick Connry standards. Allowed Uses Limit the allowed uses to: Aealth Services Legal Services E•iginecring, accounting, rzearch, management and related services. Gcncral bossiness offices Public buildings Residential uses winch are accessory to allowed business uses ICEZONING REQUEST PROFFER : i r-u•ra Limi:'.ac allowed business sign to one sign. The sign ab2Jl be of monurnent-type e)vt:uctica and limited ;o tu,f (30) sri;:arr a p13rard— i a Se+varA ,� Sv:tua P. % 1 PIOVt-Je fixLwI ty-tvrC a �t:nCing 310DQ the Dar2lri�Lt:' U► .}1e ]:t`Ot;.'. s r�:cF= Sjr5l� pond thRt vavicea the 10.33 (+/-) acres. 71: c:=d:.tians p--ffered 0,mr- shall be binding apon the heirs. c%ecutm-s, adminiatiinura, iT.1 interrat of the ApPhcaat and Owner. in thc: cv=i the Fi&dezick T_�.._y ESL; of 5uperviaors grant said moning and accepts these conditions; the i rC-t;r1 L.L,jej�r3 Sh?11 At7F: , I =' ..-tion to other requirements set to F--&-r rk'7f Lmty r PROPERTY OWNER rrii r 4i!M S•ti-vants ei de h4ust Holy T.:°inaty STATE of M.kRn•AND. Ar poi MOIr'TwNmiky Co11m-Y, Icrwit: The foragaing instrumeat was acknowledged before me this 11 th Say of Oecemhe r, 2001. iviv %n-Mru ion Ci p;ZE : Nor.a.*y Public: Revised I111 2001 per Frodeack Cou;sty S Plawim t.r}=waon t u-uuj=&,3. i JTrL P. W / - r 70.801.7 S.F. ` / 1.827" ACRES y 147,1112 S.F. ' �• �• 3.37725 ACRES \ I� 1,181,003.1 S.F. 28.87362 ACRE I i IJ 300.970.4 S.F. • J 2.036.4 S.F. .I J 5.00933 ACRE I. i .04678 ACRE 46T 149.020.6 S.F. I 3.42128 ACRES 8&1.4 S.F. J EXISTING ZONING LINE 186.426142811 ACRES \ , PER METES AND BOUNDS REZONING DECEMBER 2001 i 0 ndice Perkins From: Sent: To: Cc: Subject: Good Morning Candice Tonie Wallace [TonieWallace@advlegaltech.com] Wednesday, January 27, 2010 10:04 AM Candice Perkins Steve Pettler; greigaitken@historicjordansprings.com RE: Jordan Springs I clearly understand that theadvertising fee is my burden and will pay that. I am respectfully requesting a 60 day postponement of this matter and if you would be kind enough to let me know if the check is to be made payable to Frederick County Department of Planning & Development and if I may mail it Or to we have to deliver it to you. Thank you for your guidance and assistance int his matter. Regards, Tonie 0 -- Tonie M. Wallace, Owner, CEO, RPR, CCR, CME Historic Jordan Springs, LLC. 1160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX www.HistoricJordanSprin sg com I Toni eWallace a historicjordansprings.com Please visit our Websites to learn more about our services and products: www.advlegaltech.com www.syncvideo.com wwtiv courtreportingconsultants.com www. countycourtreporters. com www.reporters group. com www.mar lay ndreporting com This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at Historic Jordan Springs, 1160 Jordan Springs Road, Stephenson, VA 22656 via U.S. Postal Service. THANK YOU. From: Candice Perkins [mailto:cperkins@co.frederick.va.us] Sent: Wednesday, January 27, 2010 8:08 AM To: Tonie Wallace; Steve Pettler Cc: Greig Aitken; Eric Lawrence Subject: RE: Jordan Springs Tonie, Since the rezoning was scheduled and advertised, a $500 fee would need to be paid in order to postpone the public hearing. If the postponement fee is not paid we will have to proceed with the public hearing tonight. Please let me know how you would like to proceed. Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins@co.frederick.va.us www.co.frederick.va.us From: Tonie Wallace [mailto:TonieWallace@advlegaltech.com] Sent: Tuesday, January 26, 2010 4:32 PM To: Candice Perkins; Steve Pettler Cc: Tonie Wallace; Greig Aitken; Eric Lawrence Subject: RE: Jordan Springs Good Afternoon, Candace, We are requesting a 30-day extension of this matter before the Board of Supervisors. Please advise us of the new date thank you for your assistance. Regards, Tonic Wallace. -----Original Message ----- From: "Candice Perkins" <cperkins@co.frederick.va.us> To: "Steve Pettler" <pettler@liarrison johnston.com> Cc: "Tonic Wallace" <TonieWallace@advlegaltech.com>; Lawrence" <elawrenc@co.frederick.va.us> Sent: 1/26/10 9:06 AM Subject: Jordan Springs "Grcig Aitken"<GrcigAitken@historicjordansprings.com>; "Eric Stephen, I was made aware that the taxes (2nd half) for the Jordan Springs property (parcels 44-A-294 and 264A) have not been paid yet. The rezoning for the site is scheduled for a public hearing at the Board of Supervisors meeting tomorrow night. We wanted to make you aware that if the taxes are not paid by tomorrow afternoon we will have to bring up that issue at the meeting and the info may affect the Board's decision on the proffer amendment. if you have any questions. Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkinso,co.frederick.va.us<maiIto: cperkinsna.co.frederick. va.us> Nvww.co.frederick.va.us<littp://www.ca.frederick.va.us> I� -l--,.,-,----- oo Ln r. u ID Ln ac, u tio ,W ai LA GJ C Z LD a) (Do L"L a: -, � lfl AMT. OF Ccou CASH T. PA CHECK BALANCE MONEY DUE ORDER PAGE 12 1 Landrum Business July 2009 (l �i- ` POWERED By Aw ROADSTAR High - Speed Internet Q� Get L. to spee,4 tQ, NGiOA No �► 4 fir+ c %sA • Reliable, local service • Support Home Networking • Professional, timely installation • New pricing for Home and Business Service New Fiber Level Speeds 604 South King Street, Suite 200, Leesburg, VA 20175 888-21-RSTAR sales(wroadstarinternet.com • www.roadstarinternet.com MEME ). �_ . • : Weddings and Receptions Rehearsal Dinners and Engagement Parties • Bridal Showers &t Bachelor/ette Parties Graduation and Birthday Celebrations Personalized Consulting &t Planning . Executive Chef with Full Banquet Services Complete Bar & Beverage Services Custom Floral Design & Arrangements Photographer and Disk Jockey Master of Ceremonies • Custom Invitations & Programs Jordan Springs Adds Executive Office Suites Kara Clark, Staff Writer Those looking to break out of the office park environment may want to consider the offerings of Historic Jordan Springs, located in a cultural and event center four miles outside of Winchester. The two -year -old, 237-acre estate opened two years ago under the leader- ship of owners Tonle Wallace -Aitken and Greig Aitken as a venue to attract confer- ences, weddings and even serve as a nice daylong getaway for tea or lunch. Now, the center has recently launched a slew of executive office suites to meet a market demand. Executive Director Colt Nutter said the furnished office suites offer high speed Internet, the use of reception services and an IT staff to use at a company's desire. He said the center currently houses 12 companies in the office suites under a semi -permanent arrangement. "We do have a lot of other smaller companies that want a public office space but don't necessarily want all the expenses of having their own building," Nutter said. Currently, Historic Jordan Springs has Circa 2600 III Historic Jordan Springs Event & Cultural Centre 237 Acre Exclusive Estate Elegwt indoor or Outdoor Setttngs for up to 1,000 Guests 10,000 square feet of private office space in use, with another 1,500 square feet avail- able and move -in ready. Nutter said the company is also looking to add more office space on the fourth level of the building, though the space is currently unfurnished. The company also has an arrangement with a nearby four -diamond hotel to pro- vide shuttle service from Jordan Springs for those executives who may be in need of local accommodations. Executive office tenants usually have a monthly rent agreement with Jordan Springs, though Nutter said the company is flexible. "We're certainly open to discussing other ideas, but we've only had requests for monthly space and sometimes daily space. We don't have a pre -standardized setup; everything we do at Jordan Springs is catered to the individual client. We're very anti cookie cutter. Not everybody's needs are the same as the other 10 people, but whether it's an executive or a bride we'll find out what they're looking for." For more information on Historic Jordan Springs, visit www.historicjordan- springs.com. onference & Technologv Centre • Business Conferences & Meetings Depositions and Arbitrations Corporate Retreats Video Conference National Facilities Cocktail Receptions • Christmas Parties 0 -r /ao, I Z C) r o S`i c F- y " P(--'T'rLlL f 3 f3 f' r— �VL- L STL /t15-J G 11-t- - //�,F,J7//-y mctit- /L 7-1Ji "�t/L-.c1TS c L-.✓il� JT� Li ✓\--, ,'T- -7 �� n �,�-� ram, ,✓ �� 7 ��1.- �� �.� r ,� � ,..-r � /� �c��a !� ,��� l» � r E �.�-� s 5 EVI) r-Jw L�jk�-L Sv3M.T j2j &,,,j L-, -T-/, A4\,/i'-L. /c/- FL-SN r� ' i `j� 11� /) rJ nl U/n 0 /3 `� � �. [- Fc •T � i � U F�" �' y� � o -`� ,tid 6,ti! nn.rl. '7 Z- � � %' l�of 6Er77 c r� 0 0 0 PROPOSED AMENDED PROFFER STATEMENT • REZONING: Proffer Amendment RZ1109- PROPERTY: Historic Jordan Springs Tax Map Parcels # 44-A-294 and 44-A-294A 10.33 Acres in Iistoric Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonic M. Wallace, husband and wile APPLICANT: Grcig D. W. Aiticen and Tonic M. Wallace, husband and wife PROFFER DATE: November 3, 2009 The Applicant hereby proffers that file use and developnlenl of the subject properly ("Properly"), as identifiecl above, shall be in strict conformance with the following conditions, which shall be in addition to the proffers made and elated December 11, 2001 per that certain Ordinance Amending Tile Rezoning District flap, Rezoningl110-01 of Jordan Springs elated Dcccmberl2, 2001. In the event that the above referenced rezoning proffer all, end'lie"t is not granted as applied for by the applicant ("Applicant"), this proffer sliall 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 1'ezolling" dcfinecl as that rezoning which is ill effect oil the day following the last clay upon which the Frederick County Board of Supervisors' ("Board") decision granting the rezoning "lay be contested in the appropriate court. If the Board's decision is contested, the term rezoning shall include the clay 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:Zrn N' L-) Allowed UsesLimit the allowed uses to:�\� Health Services l Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services 0 0 • U� Y - REZONING APPLICATION #06-09 i CO JORDAN SPRINGS PROPERTY ty r 4 J � Staff Report for the Board of Supervisors C, Prepared: April 5, 2010 V 'A Staff Contact: Eric R. Lawrence, AICP, Planning Director 0� ✓� `�`� 738 Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Pending PROPOSAL: To revise proffers associated with Rezoning #10-01 for 10.33 acreslbf land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. L n C y-t S I'C JteX- LOCATION: The property is located at 1 160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). s,v L --u�rirc P��... •.l EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site historyportion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Tollo)ving the required public hearing, a (leclsion regar(lin this rezoning application) by the Board of Supervisors world be appropriate. The applicant should be prepared to a(lequately address all concerns raised by the Board of Supervisors. A * - �- (k,r) OjP s �t� 0 0 Rezoning #06-09 — Jordan Springs Property April 5, 2010 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/06/10 Recommended Approval Board of Supervisors: 04/14/10 Pending PROPOSAL: To revise proffers associated with Rezoning #01-07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone with proffers to B2 District with HA with revised proffers. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-294 and 44-A-294A (portions of) PROPERTY ZONING: B2 (Business General) District with a Historic Area (HA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R4 (Residential Use: Vacant Planned Community) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Perfonnance) Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential • • West: Zoned RA (Rural Areas) District Use: Agricultural / Residential 0 � • Rezoning 106-09 — Jordan Springs Properr • April 5, 2010 Page 3 �J 10 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. Plannine Department: Please see attached letter dated June 12, 2009, from Eric R. Lawrence, A]CP, Planning Director. Historic Resources Advisor Board: Please see attached letter dated December 1, 2009, from Candice E. Perkins, AICP, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Benedictus and more recently as offices for County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning #10-01 for Jordan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a HA Overlay Zone. Rezoning # 10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the summer of 2009, the property owners were informed that certain activities being conducted on the site (special events such as weddings, dinners and other events) were not permitted and were in violation of the use conditions associated with Rezoning #10-01. It was further explained that in order to remedy this violation, the property owner needed to secure a proffer amendment including the new uses, secure an approved site plan that addresses parking areas on the site and, finally, implement the improvements specified on the site plan. The proffer amendment proposed with this application is the first step necessary to resolve the violations on the property. 0 Rezoning #06-09 — Jordan Springs Property April 5, 2010 Page 4 • 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] The subject properties (portions currently zoned B2/HA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned B2/HA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning #10-01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. • The proffer revision being proposed with Rezoning #06-09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on \ the site in violation of the approved proffers from Rezoning # 10-01. v 3) Proffer Statement — Dated November 3, 2009; Revised January 19, 2010: �e J A) Allowed Uses • Health Services 4 • Legal Services • Engineering, Accounting, Research management and related services • General Business Offices • Residential uses which are accessory to allowed business uses • Museums as an accessory or secondary use \ • Eating and drinking places • Exposition operations -� C} (I I ( • Theatrical Producers and Miscellaneous Theatrical Services Description for 7922: Thea cal Producers (Except Motion Picture) and Miscellaneous T... Page 1 of 1 Occupational Safety & Health Administration Division I: Services Major Group 79: Amusement And Recreation Services Industry Group 792: Theatrical Producers (except Motion Picture), 7922 Theatrical Producers (Except Motion Picture) and Miscellaneous Theatrical Services A!.:XX • ^.SHA ACranceC Search SEARCH t_ A to Z Index En Espanol ; Contact Us What's New I About OSHA L3 RSS Feeds ® Print This Page o o Text Size © E I tad `cos Page Establishments primarily engaged in providing live theatrical presentations, such as road companies and summer theaters. This industry also includes services allied with theatrical presentations, such as casting agencies; booking agencies for plays, artists, and concerts; scenery, lighting, and other equipment services; and theatrical ticket agencies. Also included in this industry are producers of live and taped radio programs and commercials and producers of Irve television programs. Establishments primarily engaged in the production of taped television programs and commercials are classified in Industry 7812. Theaters which are normaly rented to theatrical producers and stock companies are classified in Real Estate, Industry 6512. Motion picture theaters and motion picture service industries are classified in Major Group 78. Establishments primarily engaged in operating dinner theaters are classified in Retail Trade, Industry 5812. ■ Agents or managers for entertainers • Agents, talent: theatrical ■ Ballet production • Booking agencies, theatrical: except motion picture ■ Burlesque companies ■ Casting agencies, theatrical: except motion picture ■ Community theater productions ■ Concert management service ■ Costume design, theatrical ■ Employment agencies: theatrical, radio, and television -except motion • Legitimate theater producers ■ Opera companies ■ Performing arts center productions ■ Plays (road companies and stock companies) • Radio programs, including commercials: producers of • Rental of theatrical scenery • Repertory or stock companies, theatrical • Road companies, theatrical ■ Scenery design, theatrical ■ Stock companies, theatrical ■ Summer theaters, except dinner theaters • Television programs (including commercials): Irve • Theatrical companies ■ Theatrical equipment rental ■ Theatrical lighting on a contract basis ■ Theatrical production, except motion picture ■ Theatrical ticket agencies • Vaudeville companies ( SIC Search I Division Structure I Major Grout) Structure I OSHA Standards Cited ] Freedom of information Act I Prwacl & emu!",v &ate^ie+t I Jl,iaimes ; Customer Survey I Important Weo Site Notices , Inte'natior.a :0,tact Us U.S. Department of Law I oaupatnroi Satery & Heath Aanunstratan 1200 consteutm Ave., Nw, washingwn. DC 20210 Telephone 8W 321 -OSHA (6742) I rry: 877.W95627 www.OSHA.gov http://www.osha.gov/pls/imis/sic_manual.display?]d=178&tab=description 4/14/2010 Description for 7922: Theial Producers (Except Motion Picture)�d Miscellaneous T... Page 1 of 2 Occupational Safety & Health Administration Division I: Services MMator Group 79: Amusement And Recreat,on Services Industry Group 799: Miscellaneous Amusement And Recreation 41 JOL •'OSHA Advanced search I SEARCH,. A to 1 Index I En Espanol Contact Us what's New i About OSHA j RSS Feeds ® Print This Page 0 o Text Sae [3 E-Mail This Page 7999 Amusement and Recreation Services, Not Elsewhere Classified Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals at shows or exhibitions are classified in Agricultural Services, Industry Group 075. ■ Aerial tramways, amusement or scenic • Amusement concessions ■ Amusement rides • Animal shows in circuses, fairs, and carnivals • Archery ranges, operation of ■ Astrologers • Baseball instruction schools • Basketball instruction schools ■ Bath houses, independently operated • Bathing beaches, public • Betting information services ■ Billiard parlors • Bingo parlors • Boat rental, pleasure • Boats, party fishing: operation of ■ Bookies ■ Bookmakers, race • Bowling instruction • Bridge club, nonmembership ■ Bridge instruction ■ Cable lifts, amusement or scenic: operated separately from lodges • Canoe rental • Card rooms • Carnival operation ■ Cave operation • Circus companies ■ Concession operators, amusement devices and rides ■ Day camps ■ ibiilben operation SOWS E� P I \O • Exposition operation &(� 1➢Q L l C l l tj /� 1 t E a N ■ Fairs, agricultural: operation of ■ Fireworks display service ■ Fishing piers ant lakes, operation of ■ Fortune tellers ■ Gambling establishments not primarily operating coin -operated ■ Gambling machines, except coin -operated operation of • Game parlors, except coin -operated • Games, teaching of • Gocart raceway operation • Gocart rentals • Golf courses, miniature operation of • Golf driving ranges • Golf professionals not operating retail stores ■ Golf, pitch-n-putt • Gymnastics instruction • Handball courts, except membership club • Horse shows • Houseboat rentals ■ Hunting guides ■ Ice skating rink operation ■ Judo instruction http://w,",w.osha-gov/pls/imis/sic_manual.displav?id=188&tab=description 4/14/2010 Description for, 7922: Theal ical Producers (Except Motion Picture) and Miscellaneous T... Page 2 of 2 ■ Karate instruction ■ Lifeguard service ■ Lotteries, operation of ■ Lottery club and ticket sales to individuals ■ Moped rental ■ Motorcycle rental ■ Natural wonders, tourist attraction: commercial ■ Observation tower operation ■ Off-track betting ■ Pack trains for amusement ■ Parachute training for pleasure ■ Phrenologists ■ Picnic grounds operation ■ Ping pong parlors ■ Pool parlors ■ Racquetball courts, except membership clubs ■ Rental of beach chairs and accessories ■ Rental of bicycles ■ Rental of golf carts ■ Rental of rowboats and canoes ■ Rental of saddle horses ■ Riding academies and schools ■ Riding stables ■ River rafting, operation of ■ Rodeo animal rental ■ Rodeos, operation of ■ Roller skating rink operation ■ Scenic railroads for amusement ■ Schools and camps, sports instructional ■ Scuba and skin diving instruction ■ Shooting galleries ■ Shooting ranges, operation of ■ Skating instruction, ice or roller ■ Skeet shooting facilities, except membership clubs ■ Ski instruction ■ Ski lifts, cable lifts, and ski tows operated separately from lodges ■ Ski rental concessions ■ Slot -car racetracks ■ Sporting goods rental ■ Sports instructors, professional: golf, skiing, swimming, etc. ■ Sports professionals ■ Swimming instruction ■ Swimming pools, except membership ■ Tennis clubs, nonmembership ■ Tennis courts, outdoor and indoor operation of, nonmembership ■ Tennis professionals ■ Ticket sales offices for sporting events, contract ■ Tourist attractions, natural wonder commercial ■ Tourist guides ■ Trampoline operation ■ Trapshooting facilities, except membership club ■ Waterslides, operation of ■ Wave pools, operation of ■ Wax figure exhibitions ■ Yoga instruction ( SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited ] Freedom o' Information Act I Privacy & Security Statement I Disclaimers I Customer Survey I Important web Site Notices I International I Contact Us U.S. Department of Labor I OccuPat-11 Safety & Health Administration 1200 Constitution Ave., NW, Washington, Dc 20210 Telephone: 800-321-OSHA(67-12) 1 M:077-009.5627 www.0SHA,gov littp:Hw«,xv.oslia.gov/pls/imis/sic_ niamial.display?id=188&tab=description 4/14/2010 HISTORIC JORDAN SPEWS • Page 1 of 2 CIRCA 1600 190 Become a Fan Historic Jordan I' u01 Springs Find s for wirer Sign-up f Event Est Cultural Centre U Calendar of Events ESTATE RECEPTIONS •"`.*+ti CONFERENCES r. CATERING ' COMMUNITY GIN'ING;- ONLINE GIFT SHOP PRESS ROOM CONTACT US TESTIMONIALS l EMPLOYMENT , ^RI.Qt'1_SI GALLERY I STAFF TTE L-LER IIISTORl' ' LOCATION INIORNIA110N Pub Night April 23, 6:oo pm Livve entertainment with no coder charge. $1 from every drink purchased goes to a chosen charity. An ala carte menu of pub food. Ballr«un nancineub Night March 10, 17, 24, 31 7:00-7:45 pm RUMBA 7:45-8:00 Pm SINGLE STEP SWING 1' %%eddineTastineand Bridal Fashion Show April 25, 1:3o pm T H E B A R N A Wedding Tasting food & wine. New York -Style Runway Bridal Fashion Show with latest designs from THEBARN. Mother's Ira,, Brunch May 9, 12:00 Pm Treat her to something delicious. Paranormal Dinner and Inveslieation May 14, 6:30 pm Includes dinner, 2-hour investigation. it ('an You Idt•ntifi''1'his Painting Looking for any information such a, accounts paid or some type of day book concerning the building or opening of Jordan Springs in i8w http://www.historicjordansprings.com/ 4/ 14/2010 HISTORIC JORDAN SPRINGS • Page 2 of 2 Historic Jordan Snrinzs Gift Certificate �// Looking for a unique and memorable gift for someone really special? How about Ballroom Dance Lessons, French CEJR TTFICATES Cooking Class Soiree, Valentine Sweetheart's Dinner, French Dinner and Wine Pairing, Chit War Ball or maybe a ......u.er. hands-on Paranormal Investigation & Dinner. We are even offering a night with the Symphony of the Valley at a Gala Dinner & Concert! The history of Jordan Springs goes back to the early t600s, when the Catawba Indians discovered two mineral springs, the White Sulphur Spring and the Calibeate Spring, which Bow from the grotto at the base of a nearby cliff -like hill called Devil's Backbone. The Indians used the area as a meeting place for almost a century and a half, at which point the mineral springs were discovered by settlers. The property was later made into a resort centering around the therapeutic and healing medicinal powers of the springs. Since 1832, three separate hotels have stood on the property; the brick portion of the current building was built in 1893 by Edwin Clarendon Jordan, Jr. Learn More!' . rr6o Jordan Springs Road Jordan Springs, Virginia 22656 Local 54o.667.7744 Toll Free 877.837.8313 Copyright © 20oq Historic Jordan Springs http://www.historicjordansprings.com/ 4/14/2010 HISTORIC JORDAN SPRIGS is Page 1 of 2 CIRCA 1600 4P Historic Jordan Springs Event Est Cultural Centre ESTATE WEDDINGS RECEPTIONS CONFERENCES CATERING COMMUNITY GIVING ' ONLINE GIFT SHOP PRESS ROOM CONTACT US TESTIMONIALS EMPLOYMENT ii Become a Fan Find us on Twitter Sign-up for E-News Calendar of Events GALLERY I STAFF I E-LETTER' HIS'ORY I LOCATION' REQUEST INFORMATION To be updated regularly about e%rnts happening at the Historic Jordan Springs Fstate, please Sign UP for our free F.-News Letter 2oio Calendar of Events March 3, to, 1^, 24 Ballroom Dance Leswms 7:00 Pm 13 Paranormal Dinner& lmestigation 6:30 PHI 17 Charity Pub Night Li%y Lritertaininent 6:oo pm Churitu: Faith in Action 27 Nine Tasting 6:30 pm April 7, 14, 21, 28 Ballnrom D%MCe IA']SUnF 7:00pm 13 1-.astcr Brunch Seatings 12 noon - 2:00 pm 23 Charity Pub Night Lnc Entertainment 6:oo pm Churitu: Concern Hotlin, Inc, 2$ WeddingTastinc and Bridal Fashion Show 1:30 pm May 9 Mother's Day Brunch Seatings 12 noon - 2:00 pm 14 Paranormal Dinner & lncestigation 6:30 pm 16 Spring Bridal Show 1:00 -3:00 PM 28 Charity Pub Night the Entertainment 6:oo pm Charity: Knights ojColumbus June 10 Tea on the Veranda Seatings 12 noon - t:oo pm http://www.historicjordansprings.com/calendar.html 4/ 14/2010 HISTORIC JORDAN SPRINGS 0 Page 2 of 2 25 Charity Pub Night Live Entertainment 6:oo pm Charitil: WinellesterSI'G7 July 9 Wine Pairing Dinner 6:30 Pm 23 Charity ]'III) Night Live Entertainment 6:oo pin Churn)!: N'i'PT t'wgust 21 Paranormal Dinner & Investigation 6:30 pn1 27 Charity ]'III) Night Live Entertainment 6:oo pin Chari111: Blue Ridge Hospice Buller/lit Chub 29 Chil War Tea C Fashions of the Period T BD September 24 Charity Pub Night Live Entertainment 6:oo pin Charitll: 1st NA Caualru, Collrluanl II October 7 Autunin T ea on the Veranda SeatillgS 12 1)0011 - 1:00 1)111 15 Charity Pub Night Live Entertainment 6:oo pin Charity: Habitat for Ihnncmilu 29 I launtings Dinner,'rour & Paranormal Investigation 6:30 Pn1 November 12 Charity Pub Night Live Entertainment 6:oo pin Churn)!: Request a Charitll 25 Third Annual Thanksgiving Dinner SeMings 2 pn1 and 0111 December 2 Charily Pub Night Live Entertainment 6:oo pin Charitll: Request a Charity 12 Christmas 8mnch & Tour Scatings 12 noon - 2:00 pm 13 Christmas ,tour, Food and Toy Drive 5:00 Pm - 8:00 pn1 Charily: 7o Be Determiner) 14 Christmas Tour, Food and Toy Drive 5:00 pn1 - 8:00 Po' Charily: 7b Be Determined 15 Christmas Tea & Tour Seating 12 noon - 1:00 1)111 17 Christmas Dinner & Concert 6:30 pn1 20 Christmas'rour, Food and Toy Drive 5:oo pin - 8:oo pin Charity: To Be Determined n6o.lordan Springs Road Jordan Springs, Virginia 22656 Local ;,4o.667.7744 Toll Free 877.837.8313 Cop}Tight © 2009 1listoric Jordan SI)17ngs Na ?4 http://hN,�v,,v.historicjordansprings.coin/calendar.html 4/ 14/2010 0 • Rezoning 106-09 — Jordan Springs Property • April 5, 2010 Page 5 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MELTING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen comments during the public comment portion of the hearing. • No issues or areas of concern were raised by the Commission. The Commission unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent; Commissioner Manuel abstained.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR TIIE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone to B2 (General Business) District with Historic Area (I -IA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staffs concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the .site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Follo►viug the required public hearing, a decision regarding this rezoning application by the Board of Srrpervisois would be appropriate. The applicairt shordd be prepared to adequately address all concerns raised by the Board of Supervisors. V Ut r • AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ906-09 • 0 PROPERTY: Historic Jordan Springs Tax Map Parcels 444-294 and 44-A-294A 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Toni M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Toni M. Wallace, husband and wife PROFFER DATE: November 3, 2009; Revised January 19, 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 # 10-01 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 applicant proffers to prohibit all uses on the Property that are otherwise allowed in the 132 General Business District except the following: Engineering, accounting, research, management and related services Public buildings Residential uses which are accessory to allowed business uses Museums as an accessory or secondary use Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services Respectfully submitted this 119 1.11 ctay of y'¢ `"`''¢may , 2010, `t%J111rrrini 'E c'��� su% P,. ya . NOTARY�'•.�� d PUBLIC ' REG. #241038 MY COVIIIASSIM - '• EXPIRES a ' .10,'312012,•' FALTH 0 �`frjarrrr�i���•, Respectfully subm`ttepwA day of 2010, S U'E' �P NOTARY J PUBLIC REG. J=�1 o3a TONIE M. WALLACE x, - 1\4'e COMIMISsvC Q = O EXPIRES '•,10,'31/2012, G FA LTH �3F �,.�. STATE OF VIRGINIA, AT LARGE k • Eric Lawrence From: Steve Pettler [pettler@harrison-johnston.com] Sent: Wednesday, April 28, 2010 10:58 AM To: Eric Lawrence Cc: Tonie Wallace Subject: RE: Jordan Springs Rezoning Eric: We are available at 1 pm and we will see you then. Stephen L. Pettler, Jr. HARRISON & JOHNSTON, PLC 21 South Loudotttl Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 "Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this c-mail, including attachments, is prohibited and may be unlawful. Thank you. From: Eric Lawrence [maiIto: elawrenc@co.frederick.va.us] Sent: Tuesday, April 27, 2010 12:50 PM To: Steve Pettler Cc: Tonie Wallace Subject: RE: Jordan Springs Rezoning I am available Thursday, April 29 at 1PM; or Monday, May 3 at 213M. Do either of these times work for your schedules? -Eric From: Steve Pettler [mailto:pettler@harrison-johnston.com] Sent: Tuesday, April 27, 2010 12:19 PM To: Eric Lawrence Cc: Tonie Wallace Subject: Jordan Springs Rezoning Eric: My clients would like to get the rezoning finalized as soon as possible. I was out of town almost all of last week, so the delay in addressing the issues that came up on April 14 is occasioned by my schedule. Regardless of this, when uan we schedule a time to discuss what Apised proffers might look like to address the concerns? I can be available the afternoon of April 29 or May 3 or 4 at your convenience. Thank you for your courtesy in advance. Steve Stephen L. Pettler, Jr. HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. 0 0 Eric Lawrence From: Tonie Wallace [TonieWallace@advlegaltech.com] Sent: Thursday, April 22, 2010 11:23 AM To: Eric Lawrence; Greig Aitken Cc: Steve Pettler Subject: RE: Jordan Springs proffer amendment Good morning Eric, Please know that we are on this and as soon as Steve is back in town we will be meeting to see what we need to move this forward. Thank you. Tonie M Tonic M. Wallace, Owner, CEO, RPR, CCR, CME Historic Jordan Springs, LLC. 1160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX \V\\'\v.11lst01'1cJ01'dallSl)I'inas.c011l 17 OnleWallace Ll I)istorlcioi'daI)Sl)1'li1LS.c0111 Please visit our Websites to learn more about our services and products: ww\v.advlegaltech.con) \V\Vw.syncyldeo.cOm \\'\\'\V.COLIrtrei)01'tinLC01)sLiltal)ts.001)1 \\'\V"\V.COLIntj'coLirti'ep01'tel'S.COII) \vww. repo rters RI'O LI1). COIL) V1'\\'\V.il)ai'}'lalldl'el)Ortii)f?. coill This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader Of this inessage is not the intended recipient, or the employee Or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying Of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify LIS immediately by telephone and I'eturn the original message to us at Historic Jordan Springs, 1160 Jordan Springs Road, Stephenson, VA 22656 via U.S. Postal Service. THANK YOU. From: Eric Lawrence[ma iIto: elawrenc@co.frederick.va.us] Sent: Thursday, April 22, 2010 10:21 AM To: Tonie Wallace; Greig Aitken 1 Cc: Steve Pettler Subject: Jordan Springs proffer amendment Good morning Tonie and Greig. At last Wednesday's (April 141h) Board of Supervisors meeting, the Board tabled action on your proffer amendment request to enable a few things to be considered: (1) a more concise list of permitted uses. There were concerns that the 4 additional uses sought were too broad and may enable unwelcomed/unexpected activities beyond that of wedding receptions, bridal shows, use of the historic tavern, catering, and holiday gatherings; (2) consideration of limiting hours of operations and noise levels; (3) limiting these additional uses of the site to within the historic structure; and (4) possible use of an seasonal festival permit to enable use of the property's grounds for outdoor wedding receptions. It was also noted that the June I" deadline previously established to resolve the zoning violations remains in effect. Please let me know how you wish to proceed. Thanks Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(c-)co.frederick.va.us www.FrederickCountyVa.gov/Planning www.FrederickCountyVa.gov • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 23, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RL: REZONING APPLICATION 406-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 6, 2009, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 906-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. The property is located at 1160 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in • Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 40 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 30 COUNTY of FREDERICK Department of P1• in- S Development 107 North Ke Street�Suite '?02 Wincheste irginia 912 01 Herman lark 966 Woo s ill Rd. Stephe on, VA 22656 \ »T V T TO d f\ r. C 1 J '1 '1 �l / •1 J ! :l .^ T2 IZXZE Q1 CC L 72 '12f29t09 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 22601.500907 A0017-00100--220-44 _._.__ ... 60:10503 COUNTY of F RIEDERICIK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 13, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 906-09 FOR JORDAN SPRINGS PROPERTY of a public hearing On behalf of the Frederick County Board of Supervisors, y°� are hereby notif the Board Room ofdthe Frederick County being held on Wednesday, January 27, 2010, at 7:15 p.m. u Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic f is located lat)1Q160fJord lay n Springs revision is intended to add permitted uses on the site. The property Road and fronts the west side of Jordan Springs Road (Route 6 4 and 44 At294A (portions onewall leDistrict, of). and is identified by Property Identification Numbers 44-A 29 the A copy of A} n interested parties having questions or wishing to speak may attend the Bow wring.Library the week the applications will be available for review at the Handley Library in of the meeting, or at the Department of Plarvling and Development located You canalso at 10it us North Kent he web Street at• Winchester, Virginia, or by calling (540) u65-5651. www.co. frcderick.va.us. Sincerely, 14 = -. Candice E. Perkins, AICP Senior Plafuier CEP/bad 107 North bent Street, Suite 202 o Wincliester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Str t, Suite 202 Winchester, Viginia 22 1 } rman CI Ill 66 Wood ill Rd. Stephenso.1, 22656 1 3i Y: L oEj C!9 2 '-Lo5000 Stir�� �1C�5 S 016H26508243 $ 00.440 01113/20' r Maiieo From 2ZL", US POSTAGE -- - + ^+n n1 !1 C I 1 N CXIL' 201 SC 1 00 01,/17110 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD 40 BC: 2.2501500099 *1E17-13716--19-39 I1)lIll,l)I1I111111>>11,I1111i)lliiJlM11111lil1111111111111 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 28, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 406-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 11, 2010, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 906-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: NA,w-w.co.frederick.va.us. Sincere Eric R. Lawrence, AICP Planning Director ERL/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning S. Developmen 107 North Kent Street, Suite 202 Winchester, Virginia 226( Kxxz/966 erma Clark III W s Mill Rd. Stephensoi VA 22656 NIXIE l NOT DE) 2'�6o1C�s000 , L'9 0 Pj 2 0110 1,IMXZ'E 2"0 cc 1 72 07i31! 10 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD F)C : 2:2601SOOO99 "01:17-00079--01 —26 10 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 31, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS) RE: REZONING APPLICATION 906-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 14, 2010, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-09 of Jordan Springs Property, to revise proffers associated with Re-r_oning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. The property is located at 1160 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad •I •I 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 •I COUNTY of FREDERICK - 2 Department of Planning S Development 107 :North Kent%"--/Stephenson. v 2n^,r. Winchester, Vir- — 22c k III Mill Rd. VA 22656 �Zr(�Lv1 S�v; rls to 5000 P+lXIE 201 SE 1 00 04/03/10 RETURN 70 SENDER NOT DELI`lEPAMLE AS ADDRESSED UNABLE TO FORWARD sc: 2•. sOIBOOOS9 *1017-00322-31-4 9 C� J 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 28, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROP1_?RTY OWNER(S) RE: REZONING APPLICATION 406-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 11, 2010, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) Overlay lone. This revision is intended to add permitted uses on the site. The property is located at 1160 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting. or at the Department ol'Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: w\vw.co. fi-ederick.va.Lls. Sincere Eric R. Lawrence, AICP Planning Director ERL/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • This is to certi t iat the attached correspondence was mailed to the following on from the Department of Planning and Devel opment, Frederick County, Virgil i F' Greig Aitken & Tonle Wallace It 60 .Jordan Springs Rd. Stephenson, VA 22656 William & Sharon Rcxrode 1099 Woods Mill Rd. Stephenson, VA 22656 Dorothy Hart 897 Woods Mill Rd. Stephenson. VA 22656 William & Barbara Meier 270 Lick Run Xing Stephenson, VA 22656 Stephenson Associates LC PO Box 2530 \Nlincllestcr• VA 22604 Rene C11•Ison 154 I-Iumminbbird Ln. Stephenson, VA 22656 Clark & Barbara Fortney 1281 Jordan Springs Rd. Stephenson, VA 22656 Michael & .loan Siglcr 141 I-Iumrrringbird Ln. Stephenson, VA 22656 John & .lone Conley PO Box 218 Stephenson, VA 22656 BrooHield Stephenson Village 8500 I XCCutl\'c Parl; Ave., Stc, 30 Fairfax, VA 22031 William & Patsy Hoffman PO Box 22 Stephenson, VA 22656 Terry & Angela Rudolph 170 Monastery Ridge Rd. Stephenson, VA 22656 _ivin & I3arbara Simons 220 Ivlonastcry Ridge Rd. Stephenson, VA 22656 Harold & Caroline Conner 1010 Woods Mill Rd. �ienhenson. VA 22656 Ronald & Mai•y Lee 1947 Martinsburg Pile Winchester, VA 22603 Robert Williams 946 Woods Mill Rd. Stcplrcnson' VA 22656 .IR W 1'1'01)crtics & Rentals Inc. 13 S. LOudoul] St. Winchester, VA 22601 Eric K. Lawrence, Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK , I , a Notary Public in and for the State and County aforesaid, do reby certify that Eric . Lawrence, Planning Director for the Depa ment of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged thsame in in Stat and ounty aforesaid. Given under my hand this My commission expires o Tina Newlin 906 Woods Mill Rd. Stephenson, VA 22656 I-Icrman Clark III 966 \foods Mill Rd. Stephenson, VA 22656 9 0 COUNTY of FREDERICK Department of'Planning and Development. 540/665-5651 FAY: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 31, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 906-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 14, 2010, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 406-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.fi•ederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: Greig Altkcr & TOrle Wallace 1 160 Jordan Springs Rd. Stephenson, VA 22656 William & Sharon Rexrodc 1099 Woods Mill Rd. Stephenson, VA 22656 Dorothy IIarl 897 Woods Mill Rd. Stephenson, VA 22656 William & Barbara Meier 270 Lick Run Xing Stephenson, VA 22656 Stephenson Associates LC PO Box 2530 Winchester, VA 22604 Rene Carlson 154 Hummingbird Ln. Ste )henson VA 22656 Clark & Barbara Fortncy 1281 Jorclan Springs Rd. Stephenson, VA 22656 Michael & Joan Sigler 141 I-Iummingbird Lr. Stephenson, VA 22656 .lohn & .lure Conley PO Box 218 Stephenson. VA 22656 Brookfield Stephenson Villagc LLC 8500 Executive Park Ave., Ste. 30 Fairfax, VA 22031 William & Patsy I-Ioffinan PO Box 22 Stephenson, VA 22656 Harold & Caroline Conner 1010 Woods Mill Rd. Stephenson, VA 22656 Ronald & Mary Lee 1947 Martinsburg Pike Winehester, VA 22603 Robert Williams 946 Woods Mill Rd. Stephenson, VA 22656 JRW Properties & Rentals Inc. 13 S. LOLICIOLIII St. Winchester, VA 22601 "Tina Newlin 906 Woods Mill Rd. Stcphcnson, VA 22656 'ferry & Angela Rudolph 170 Monastery Ridge Rd. Stephenson, VA 22656 l Ervin & Barbara Simons Candice E. Perkins, Senior Plaiuler 220 Monastery Ridgc Rd. Frederick County Planning Dept. Stephenson, VA 22656 STATE OF VIRGI: COUNTY OF FREL, �u�n I, , a Notary Public in and for the State and County aforesaid, 41-eby certify that Cai ice E. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated _ l 0 , has personally appeared before me and aclmowledged the same in my State and County aforesaid. Given under my hand this 4dayL�/�-- My commission expires on I-lermaii Clark III BEVERLY H. DELLINGER 966 Woods Mill Rd. NCOTM, yID#331678 Stephenson, VA 22656 COMMONOTARY NWEALTHUOFI11Ik�'II�IA N TARY P LIC MY COMMISSI_� N EX 1p 1" 0 COUNTY of FRrDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 13, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 1106-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, Janua►y 27, 2010, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 906-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. The property is located at 1160 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co. frederick.va.us. Sincerely, i�lGL2i � f Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • This is to c rti that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Vlr4inla: 44 - A- - 294- AITKEN GREIG D W & WALLACE TOME M 1160 JORDAN SPRINGS RD STEPHENSON VA 22656.2015 44 - A- - 295- REXRODE WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON VA 22656.2046 55 - A- - 133- HART DOROTHY L. 897 WOODS MILL RD STEPHENSON VA 55 -7- - I. SWEET MICHAEL L. 362 WOODS MILL DR STEPHENSON VA 45 -4- 1- 1- FORTNEY CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON VA 22656.2020 45 -5- 2. 16- SIGLER MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON VA 22656.2014 45 -4- 1. 3- CONLEY JOHN M. & K. JUNE PO BOX 218 STEPHENSON VA 22656.0218 22656.2044 44 - A- - 293- BROOKFIELD STEPHENSON VILLAGE LLC 8500 EXECUTIVE PARK AVE STE 30 FAIRFAX VA 22031.2225 22656.2029 55 -7- - 14-A MEIER WILLIAM G III & BARBARA E 270 LICK RUN XING STEPHENSON VA 22656.2023 44 - A- - 31-A STEPHENSON ASSOCIATES LC PO BOX 2530 WINCHESTER VA 22604.1729 45 - 5.2- 17- CARLSON RENE R 154 HUMMINGBIRD LN STEPHENSON VA 22656.2014 STATE OF VIRGINIA COUNTY OF FREDERICK 45 - 9. 3. 2- HOFFMAN WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON VA 22656.0022 Candice T. Perkins, Senior Planner Frederick County Planning Dept. IX c a Notary Public in and for the State and County aforesaid, do he 6y certify that Candic Perkins, Senior Planner for th Dep rtment of Planning and Developmec3 , whose name is signed to the foregoing, dated d U , has personally innem-ed before me and acknowledp-ed the same in my Stat% and 'ounty aforesaid. Given undc My commie 45 -9- 3- 3- RUDOLPH TERRY F RUDOLPH ANGELA L 170 MONASTERY RIDGE RD STEPHENSON VA 22656.1922 45 - 9.3- 4- SIMONS ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON VA 22656-1923 44 - A- - 297- CONNER HAROLD R & CAROLINE 0 1010 WOODS MILL RD 22656 2036 STEPHENSON VA 55 - A- -135- LEE RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER VA 22603.4714 55A-1--21- WILLIAMS ROBERT L 946 WOODS MILL RD STEPHENSON VA 22656.2035 55A - 1- - 20- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER VA 22601-4719 55A - 1- - 17- NEWLIN TINA 906 WOODS MILL RD STEPHENSON VA 22656.2035 Herman Clark III 966 Woods Mill Rd. Stephenson, VA 22656 0 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 23, 2009 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-09 FOR JORDAN SPRINGS PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public bearing being held on Wednesday, January 6, 2009, at 7:00 pan. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-09 of Jordan Springs Property, to revise proffers associated with Rezoning #10-01 for 10.33 acres of land zoned 132 (General Business) District with Historic Area (I -IA) Overlay Zone. This revision is intended to add permitted uses on the site. The property is located at 1160 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 Numbers 44-A-294 and 44-A-294A (portions of). Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street In Winclicstcr, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: wwtiv.co. frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 C� • This is to certify that the attached correspondence was mailed to the following on Va2�, ,2_�yn9 from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 294- AITKEN GREIG D W & WALLACE TONIE M 1160 JORDAN SPRINGS RD STEPHENSON VA 22656.2015 44 -A- . 295- REXRODE WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON VA 22656.2046 55 - A- - 133. HART DOROTHY L. 897 WOODS MILL RD STEPHENSON VA 55 -7- - 1- SWEET MICHAEL L. 362 WOODS MILL DR STEPHENSON VA 22656.2044 22656.2029 55 -7- - 14-A MEIER WILLIAM G III & BARBARA E 270 LICK RUN XING STEPHENSON VA 22656.2023 44 - A- - 31-A STEPHENSON ASSOCIATES LC PO BOX 2530 WINCHESTER VA 22604.1729 STATE OF VIRGINIA COUNTY OF FREDERICK 45 -5- 2. 17- CARLSON RENE R 154 HUMMINGBIRD LN STEPHENSON VA 22656.2014 45 -4.1- 1- FORTNEY CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON VA 22656.2020 45 -5- 2. 16. SIGLER MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON VA 22656.2014 45 -4- 1. 3- CONLEY JOHN M. & K. JUNE PO BOX 218 STEPHENSON VA 22656.0218 44 - A- - 293- BROOKFIELD STEPHENSON VILLAGE LLC 8500 EXECUTIVE PARK AVE STE 30 FAIRFAX VA 22031.2225 ( Candice 'County Senior Planner Frederick County Planning Dept. I b) an L , IAJ—, I ­-, k , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated _UrCCM1.hv I/ has personally appeared before me and acknowledged the same in my State and County aforesaid. - Given under my hand this day of My commission expires on i "—Q 3 0) a �j vv 1 AK lijKW PVk%-SH NOTARY PUBLIC -REGISTRATION k 354475 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30, 2012 __ 45 -9- 3. 2- HOFFMAN WILLIAM D. & PATS PO BOX 22 STEPHENSON VA 22656.0022 45 - 9. 3- 3. RUDOLPH TERRY F RUDOLPH ANGELA L 170 MONASTERY RIDGE RD STEPHENSON VA 22656.1922 45 - 9.3- 4- SIMONS ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON VA 22656.1923 44 - A- - 297- CONNER HAROLD R & CAROLINE D 1010 WOODS MILL RD STEPHENSON VA 22656.2036 55 - A- - 135- LEE RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER VA 22603.4714 55A-1--21- WILLIAMS ROBERT L 946 WOODS MILL RD STEPHENSON VA 22656.2035 55A - 1- - 20- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER VA 22601-4719 55A - 1- - 17- NEWLIN TINA 906 WOODS MILL RD STEPHENSON VA 22656.2035 Herman Clark III 966 Woods Mill Rd. Stephenson, VA 22656 RF�z_.W- o(R�'A'J Pc" -v--- b(o -off ���s P� 'Sf -�q -�q I `1U TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please pri t sets of labels by .� JORDAN SPRINGS ,'_ /I `��Gc1 THANKSI List of Adjoining Property Owners T.M.44-A-295 William and Sharon M. Rexrode 1099 Woods Mill Road Stephenson, VA 22656 D.B. 775. PG. 876 Zoning: RA T.M. 55-A-133 Dorothy L. Hart 897 Woods Mill Road Stephenson, VA 22656 D. B. 322. PG. 395 Zoning: RA T.M. 55-7-1 Michael L. & Carol T. Sweet 362 Woods Mill Drive Stephenson, VA 22656 D.B.637. PG.412 Zoning: RA T.M. 55-7-14A William G. Meirer III & Barbara E. Meirer Mailing Address: INSTR. #: 030000603 207 Plaza Street, NE Zoning: RA Leesburg, VA 20176 M.55-7-1VW illi Geirer Mailing Address: 0 Li k R I 207 Plaza Street, NE ephe so Leesburg, VA 20176 B. 7 . T.M. 44-A-31 A Vol' Stephenson Associates, LC Mailing Address: INSTR. #: 030005765 PO Box 2530 Zoning R4 Winchester, VA 22604 t T.M. 44-A-292 Stephenson Associates, LC Mailing Address: INSTR. #: 030005766 PO Box 2530 Zoning R4 Winchester, VA 22604 T.M.45-5-2-17 Rene Carlson 154 Hummingbird Lane Stephenson, VA 22656 D.B.698. PG.45 Zoning: RP T.M.45-4-1-1 '/ Clark D. & Barbara K. Fortiney 1281 Jordan Springs Road Stephenson, VA 22656 D.B. 542. PG. 35 Zoning: RP T.M.45-4-1-2 Clark D. & Barbara K. Fortiney 1281 Jordan Springs Road Stephenson, VA 22656 D.B. 542. PG. 35 Zoning: RP T.M.45-5-2-16 / Michael S. & Joan B. Sigler 141 Hummingbird Lane Stephenson, VA 22656 D.B.484. PG.234 Zoning: RP T.M.45-4-1-3 John M. & K. June Conley Mailing Address: 1327 Jordan Springs Road PO Box 218 Stephenson, VA 22656 Stephenson, VA 22656 D.B.484. PG.22 Zoning: RP T.M.44-A-293 / Brookfield Stephenson Village, LLC Mailing Address: INSTR. #: 040002 293 8500 Executive Park Avenue Zoning: R4 Suite 300 Fairfax, VA 22031 • T.M.45-9-3-2 V William D. & Patsy L. Hoffman 163 Monastery Ridge Road Stephenson, VA 22656 D.B.585. PG.442 Zoning: RA T.M.`454--X3 L/ S — '% - 3 3 ✓ Tent' F. & Angela Rudolph 170 Monastery Ridge Road Stephenson, VA 22656 INSTRA 0500014891 Zoning: RA T.M.45-9-3-4 ./ Ervin W. & Barbara K. Simons 220 Monastery Ridge Road Stephenson, VA 22656 INSTR. #:010007198 Zoning: RA ilit�it, 1Tt . � t.�• � �� ' • . • D.B.9�G1/214" i Zonin -296 Claar d Mill Road t p son, VA' 22656 o ' RA,' T.M. 44-A-297 &4W:�r4 Harold R. & Caroline D. Connor 1010 Woods Mill Road Stephenson, VA 22656 D.B. 804. PG. 207 Zoning: RA Mailing Address: PO Box 22 Stephenson, VA 22656 • • T.M.55-A-135 ✓ Ronald A. & Mary C. Lee 1847 Martinsburg Pike Winchester, VA 22603 D.B. 867. PG. 1843 Zonin¢: RA / T.M.55A-1-22A Herman M Clark, III 966 Woods Mill Road Stephenson, VA 22656 D.B.840. PG.824 Zoning: RA / T.M.55A-1-21 Robert L. Williams 946 Woods Mill Road Stephenson, VA 22656 Zoning: RA T.M.55A-1-20 / JRW Properties & Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B. 596. PG.515 Zoning: RA T.M.55A-1-19 JRW Properties & Rentals, Inc. 13 South Loudoun Street Winchester, VA 22601 D.B. 596. PG.515 Zoning: RA / T.M.55A-1-18 JRW Properties & Rentals, Inc. 11 Qroith i nflAnnn QtrPPt T.M. 55A-1-17 Tina Newlin / 906 Woods Mill Road Stephenson, VA 22656 D.B.960. PG. 103 Zoning: RA HISTORIC JORDAN SPRINGS, LLC 1160 JORDAN SPRINGS RD. STEPHENSON, VA 22656 (540) 667-7744 ®FIRST BANK SSIC VALLIT AV W. O<LMM VRGIMA DYf PAY � ^ - TO THE j'v ORDER OF //�,� J MEMO 68-258-514 11"0000 234 211' 1:051L-,0 25891: 000759140I'll 2342 rr i� v9 L� � SDDD x� 00 v0 DOLLARS G AUTHORIZED SIG RE s 0 8 0 HISTORIC JORDAN SPRINGS, LLC 2342 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark Dana Eric / Mike_ John COMMENTS:' ` Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd fltio n�� a SEP 1 2009 f M Q. u ✓-e9 h