Loading...
HomeMy WebLinkAbout07-10 Historic Jordan Springs - Appeal Uses - Stonewall - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: q1j q//0 File opened 0 Reference Manual updated/number assigned ql;?o D-base updated //6 Location maps requested from Mapping 6 Adjoiner list given to Planner Q o Application Action Summary updated d4v-4pi;2: MEETING DATE: OD//2) - FINAL ACTION L cG 110 CLOSE FILE: /% Approval (or denial) letter mailed to applicant/copy made for file & cc's L 1/lirl0File stamped "approved", "denied" or "withdrawn" /)In //0 Reference Manual updated j( l )j6 D-base updated O Application Action Summary updated Sys ID # �� �I 1 a7 0 c a) +, NO i � N m a) a) -1 a. E + O 0 p +� N v N c > Q v N > O 0 +� L a) C u oD Y Ln a c ID Z v � C t\ C O v m O > � � a a1 > Ln DATE RECEIVED FROM ADDRESS,< ❑ FOR RENT ❑ FOR AMT. OF CASH ACCOUNT I AMT. PAID CHECK BALANCE MONEY DUE ORDER No. 207073 BY L"(J�� I�LG•—�_ RTM/Ics 12/14/10 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. CASE NO. (' Ll0 - I o© ot WRIT OF CERTIORARI TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY THIS matter came on this day upon the Petitioner's request for a Writ of Certiorari, pursuant to its Petition to Review the decision of the Board of Zoning Appeals of Frederick County ("BZA") rendered on November 15, 2010. IT APPEARING TO THE COURT that the request for a Writ of Certiorari is properly filed pursuant to Virginia Code S 15.2-2314, which provides that the Court shall issue a Writ of Certiorari upon the presentation of such request. It is therefore ORDERED that the Petitioner is hereby granted a Writ of Certiorari, and that the BZA shall return to this Court, with a copy to counsel for Petitioner and Respondents, on or before January 7, 2011, a copy of the complete file and record of the BZA in this matter, certified as a true and accurate copy. This Writ of Certiorari shall be served on Bev Dellinger, Secretary of the BZA, at 107 North Kent Street, Winchester, VA 22601. ENTER this _� day of 2010. Judge I FOR THIS: Robe t T. Mitc Zell, J U.,E,quire VSB No. 003190 Hall, Monahan, Engle, Mahan & Mitchell 9 East Boscawen Street P. O. Box 848 Winchester, VA 22604-0848 Phone: 540-662-3200 Fax: * 540-662-4304 Email: rmitchell@hallmonahan.com 2 L 0 Roderick B. Williams, Esquire VSB No. 34310 County Attorney of Frederick County 107 North Kent Street Winchester, VA 22601 Phone: 540-722-8383 Fax: 540-667-0370 Email: rwillianco.frederick.va.Lis Co -Counsel for Board of Supervisors of Frederick County I Step, e t. P 'fler, Jr., Esquire VS o.44J36 21 outh Lo,�.idoun Street Winchesteri/VA 22601 P. O. Box 909 Winchester, VA 22604 Phone: 540-667-1266 Fax: 540-545-8582 Counsel for Respondents 3 BOARD OF ZONING APPEALS 107 N. Kent Street Winchester, VA 22601 540/665-5651 FAX: 540/665-6395 1/_1lIs] :GMUM TO: Frederick County Board of Zoning Appeal FROM: Beverly Dellinger, BZA Secretary -,�V SUBJECT: Appeal of November 16, 2010 BZA Decision DATE: December 22, 2010 On November 16, 2010, the Board of Zoning Appeals (BZA) sustained the appeal of the Zoning Administrator's decision pertaining to the proffered uses on the Historic Jordan Springs property. The Board of Supervisors has filed an appeal in the Circuit Court of Frederick County regarding the BZA's November 16, 2010 decision. I The appeal process does not appear to require the BZA's direct involvement beyond providing copies of the Jordan Springs appeal file and a draft copy of the BZA's November 16, 2010 meeting minutes, by January 7, 2011. Staff will provide copies of the file and draft meeting minutes by the January 7, 2011 deadline. In order to formalize the BZA's November 16, 2010 meeting minutes, the BZA will hold its meeting on January 18, 2011. The January meeting agenda will be distributed about a week prior to the meeting date. Please place the January 18, 2011 BZA meeting on your calendar so that we have a quorum to act on the meeting minutes. Please contact me should you have questions. Thank you. cc: Mark Cheran, Zoning Administrator ERL/bad Frederick County, Virginia Department of Planning and Development 540/665-5651 November 19, 2010 Mr. Stephen Pettler, Jr., Esquire PO Box 809 Winchester, VA 22604 RE: APPEAL #07-10, HISTORIC JORDAN SPRINGS PROPERTY LOCATED AT 1160 JORDAN SPRINGS ROAD PROPERTY IDENTIFICATION NUMBERS 44-A-294 AND 44-A-294A STONEWALL MAGISTERIAL DISTRICT. Dear Mr. Pettler: This letter is to confirm that the above -referenced appeal to the Board of Zoning Appeals was decided at their meeting on November 15, 2010. The applicants appealed the decision of the Zoning Administrator pertaining to the proffered uses on this property, as well as violations committed under Sections 165-101.071) and 165-102.06 of the Frederick County Zoning Ordinance. The Board of Zoning Appeals sustained the appeal, allowing Historic Jordan Springs to continue certain activities, such as weddings, dinners and other special events, as permitted uses without revising proffers associated with the approved Rezoning #10-01,and allowing these same activities to take place in a "public building" not owned or occupied by a government entity. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Greig Aitken and Tonie 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 John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0-'- ' .0. CMG APPEAL APPLICATION #07-10 HISTORIC JORDAN SPRINGS Staff Report for the Board of Zoning Appeals w Prepared: November 8, 2010 ,,,p' Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: November 16, 2010 - Pending LOCATION: The property is located at 1160 Jordan Springs Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 44-A-294 and 44-A-294A PROPERTY ZONING & USE: Zone: B-2 (Business General) and HA (Historic Overlay) Land Use: Historic and Office ADJOINING PROPERTY ZONING & USE: North: R4 (Residential Planned) East: RA (Rural Areas) South: RA (Rural Areas) West: R4 (Residential Planned) Land Use: Vacant Land Use: Vacant Land Use: Vacant and Residential Land Use: Vacant APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to the proffered uses on this property, as well as violations committed under Sections 165-101.07D and 165-102.06 of the Frederick County Zoning Ordinance. REASON FOR APPEAL: Applicant states the properties are not in violation of approved proffers. Appeal Application #07-10, Historic Jordan Springs November 8, 2010 Page 2 STAFF COMMENTS: The property has been utilized in the past as a resort, a hotel, 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 (Rural Areas) District to the B2 (Business General) District with proffers, and with the HA (Historic Area) Overlay Zone. The voluntary proffered conditions associated with Rezoning #10-01 restricted the site usage to: • 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 Since the property had not been utilized for more than one year prior to the approval of Rezoning #10-01, the property would not have any legally nonconforming uses and all future use of the property would be guided by the proffered conditions associated with Rezoning #10-01. In the summer of 2009, the property owners were informed that certain activities being conducted on the property (special events such as weddings, dinners and other similar events) were not permitted and were in violation of the proffered conditions associated with Rezoning #10-01. It was further explained that in order to remedy this violation, the property owner needed to either cease the uses or secure a proffer amendment to include the new uses (i.e., special events such as weddings, dinners and other events). The submission of a proffer amendment application (i.e., Rezoning Application) and gaining its approval by the Board of Supervisors would be the initial step towards resolving the violations on the property. Staff had several discussions and meetings with the owners in an attempt to rectify the situation. The applicant submitted a Rezoning Application, #06-09, in order to revise proffers associated with the previously approved Rezoning #10-01 and to expand the property's permitted uses. The Planning Commission heard this application on January 6, 2010, and recommended approval to the Frederick County Board of Supervisors. The application was scheduled for public hearing before the Board of Supervisors three times; the applicant requested the hearing be tabled on two occasions and finally withdrew the application on August 11, 2010. Therefore, the Board of Supervisors has not approved a subsequent zoning amendment on the property to permit the commercial activities occurring on this property (i.e., special events such as weddings, dinners and other events). Without a pending rezoning application seeking to amend the property's proffer, yet the illegal uses 0 Appeal Application #07-10, Historic Jordan Springs November 8, 2010 Page 3 were continuing to be operated on the property, the applicant was cited on August 25, 2010 for violations of the Frederick County Zoning Ordinance with regards to the Board of Supervisors approved proffers associated with Rezoning # 10-01. (See Letter of Violation.) The applicant is appealing the decision of the Frederick County Zoning Administrator regarding the enforcement of proffers assigned to Rezoning #10-01, to include the following: The applicant has stated that the hair salon on the property is not operated by the owners, and that the salon is used in conjunction with events hosted at the property. Staff Response: The property owner is responsible for adhering to zoning ordinance requirements applicable to the property, regardless of who might be operating the use or business. A business license was submitted for a hair salon located within an accessory structure on the property; the business license was denied for the reason that Section 165-101.07D of the zoning ordinance requires that no structures be occupied unless the requirements of the Frederick County Zoning Ordinance are met. A hair salon is not a permitted use depicted by the approved proffers associated with Rezoning #10-01. This building was occupied by the salon, yet the building was never issued a Certificate of Occupancy (CO) for a change of use to enable a hair salon. 2. The applicant states the property has hosted events such as weddings and wedding receptions, special events and corporate events, charity pub nites with live entertainment, and other corporate events on the property. The applicant further states that the property has been used for events since 1949 and has had commercial activities since 1972. The applicant states that the "Public Buildings" use permits these various uses. Additionally, the applicant states that the Frederick County Zoning Code does not define a "Public Building", and historical usage of the building on the property is, therefore, exempt from the requirements of obtaining a Certificate of Occupancy (CO). Staff Response: In the past, the property may have operated with the uses the applicant stated in the appeal application. However, the owners of the property requested the property be rezoned with proffers, and upon granting approval of the rezoning application, the Board accepted the applicant's list of the uses which would be permitted on the property - these proffered uses are the only uses that can be conducted on this property. It is important to note that proffers are conditions that a property owner voluntarily offers to be placed on the property when the owner asks the County to rezone the property. When a rezoning is approved with proffers, the proffers provide restrictions on the property beyond the regulations of the zoning district in which the property is located. Additionally, uses which are discontinued for more than one year are no longer deemed legally nonconforming and must cease to operate. Appeal Application #07-10, Historic Jordan Springs November 8, 2010 Page 4 Therefore, events being held on the property listed with this application, and the events noted on the applicants' website and flyer (See attached Web pages and flyer), are not permitted uses by the proffers approved with Rezoning #10-01. The property is in violation of Section 165-102.06 of the Frederick County Zoning Ordinance. This section of the ordinance sets forth the procedures for conditional rezoning, proffered conditions, and enforcement of rezoning conditions. Furthermore, this section requires that when a proffered condition is accepted as part of an amendment to the Frederick County Zoning Ordinance, the conditions shall remain in effect and be held in compliance until a subsequent amendment changes the zoning on the properties covered by the conditions. All properties located within Frederick County's commercial and industrial zoning districts (such as the B2 District in which the subject property is located) are identified by their use(s), i.e., restaurants, medical offices, retail stores, etc., and are considered public places, only in the sense that they are open to the public. They are not public buildings as suggested by the applicant; a public building would be owned or occupied by a government entity as referenced in the above paragraph. The reference to public building(s) in the context of the rezoning of this property was to allow the property owner to lease office space for government services or agencies, i.e., social services, satellite office for local government, sheriff's office sub -station. This use would apply to state and federal government services as well. The uses and events that are currently occurring on the property are not specifically identified as permitted uses in the proffer approved with Rezoning #10-01, and are violations of the associated proffers. As to the applicants' contention that a CO is not required for the property based on the historical usage for ongoing activities, this is simply not the case. These buildings are required to be in compliance with the Frederick County Zoning Ordinance and have a CO to operate. STAFF CONCLUSIONS FOR THE NOVEMBER 16, 2010 MEETING: The decision of the Zoning Administrator, with regards to the interpretation and enforcement of the proffered conditions associated with Rezoning #10-01, is correct. Rezoning #10-01 specifically listed the permitted uses for the property, and said list clearly did not include the activities in question such as: special events such as weddings, dinners and other similar events. Any changes to the proffers or uses on this property are beyond the scope of the Board of Zoning Appeals, and is a legislative action involving the Frederick County Board of Supervisors not the Board of Zoning Appeals. Staff is requesting the Board of Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance regarding the violations of the proffered uses on this property. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 LETTER OF VIOLATION Fax: 540/665-6395 CERTIFIED MAIL August 25, 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 & 44-A-294A Zoning District: RA (Rural Areas) / B-2 (Business General) /HA (Historic Area) Overlay Zone Dear Mr. Aitken and Ms. Wallace: This letter is to inform you that the above -referenced properties are in violation of the proffered conditions approved with Rezoning #10-01. This rezoning was approved by the Board of Supervisors on December 12, 2001. The properties were rezoned from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone, and were limited by proffer 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 The properties are currently in violation of the approved proffers as a variety of commercial activities including but not limited to the following are occurring on the properties: • Hosting weddings and wedding receptions on site • Hosting dinner theatre on site • Hosting charity pub nites with live entertainment on site • Hosting holiday dinners on site • Hosting special events and corporate events on site • A business (hair salon) that is not proffered to be on site • A business sign that is not of a monument -type for which there is no record of a building permit, for the sign 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Greig D. W. Aitken and Tonie W. Wallace Re: 1160 Jordan Springs Road August 25, 2010 The above -referenced commercial activities were listed on the Historic Jordon Springs' web site, flyer, and press release; which listed all the past and future activities occurring on the properties. These activities have had from eight (8) to four hundred (400) guests at any given event. Research of County records indicates that a Certificate of Occupancy (CO) for the aforementioned commercial activities on the properties has not been issued. Therefore, this property is in violation of Section(s)165-101.07 D and 165-102.06 of the Frederick County Zoning Ordinance. Section 165-101.07 D requires that no structure(s) be occupied until a CO has been issued by the Director of Code Administration (Building Official). No CO shall be issued unless all of the requirements of the Zoning Ordinance have been met. The requirements of the Frederick County Zoning Ordinance have not been met with regards to Rezoning #10-01. Section 165-102.06 of the Frederick County Zoning Ordinance requires that when a proffered condition is accepted as part of an amendment to the Frederick County Zoning Ordinance, the conditions shall remain in effect and be complied with, until a subsequent amendment changes the zoning on the properties covered by the condition. The Frederick County Board of Supervisors has not approved a subsequent zoning amendment on the properties to allow the ongoing commercial activities occurring on these properties. This office will allow thirty (30) days from receipt of this letter to resolve these violations. Specifically, resolution of these violations may be accomplished by amending the proffers via a rezoning approved by Frederick County allowing for additional uses to occur on the properties. 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 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. 0 Page 3 Greig D. W. Aitkens and Tonie W. Wallace Re: 1160 Jordan Springs Road August 25, 2010 Contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator Enclosure MRC/dlw cc: Charles DeHaven, Stonewall District Supervisor Stanley Crockett, Gary R. Oates, Stonewall District Planning Commissioners Scott Fincham, Environmental Health Manager, Lord Fairfax Health District John Trenary, CBO, Building Code Official Dennis Linaburg, Deputy Chief, Fire Marshal HISTORIC JORI 0 WEB PAGES & FLYER • Page 1 of 2 .i4 Histon-ciordlan Springs Event &z Cultural Centre r.AIA1r. WEDDINGS RECEPTIONS CONFERENCES CATERING COMMUNITY GIVING ONLINE GIFT SHOP PRESS ROOM CONTACT US TESTIMONIALS EMPLOYMENT GALLERY 1 E-LETTER 8) Become LJ Find us Sign-ul Calends REQUEST "Sometimes the situation is only a problem because it is looked at in a certain way. Looked at in another way, the right course of ac that the problem no longer exists." —Edward de Bono Historic Jordan Springs Event and Conference Centre is located just 33 miles from Washington's Dulles International Airpo location for: • Sales Conferences • Board Meetings • Planning Sessions • Training Conferences • Video & TeleConferences • Entertaining Clients • Christmas Parties Our full service catering staff can accommodate breakfast, lunch, dinner, and breaks for your meetings, as well as Christmas parties may also wish to relax after hours in the private Historic Jordan Springs Pub, located in the original hotel wing of the building, unegt the perfect location for toasting every occasion. To lean more, please contact us. Historic Jordan Springs can accommodate any size group, large or small: http://www.historicjordansprings.com/conferences.html 8 1/1/ 1/2010 HISTORIC JORDAN SPRINGS Page 2 of 2 The Outdoor Grand Veranda: 40o Guests The George Washington Dining Room: 12o Guests The General Johnson Law Library: too Guests The Historic Jordan Springs Pub: ioo Guests The Former Monastery Chapel: 5o Guests The Jefferson Davis Room: 3o Guests The Thomas Jefferson Room: 16 Guests The Stonewall Jackson Room: 8 Guests The Lee Library: 8 Guests Other Offerings Historic Jordan Springs can also provide you with many other optional services: • Catering • Court Reporting • 24/7 Videoconferencing • 24/7 Teleconferencing • Projection Setups • Presentation Technology • Video Technology • And more... To lean more, please contact us. 116o Jordan Springs Road Jordan Springs, Virginia 22656 Local 540.667.7744 Toll Free 877.837.8313 Copyright © 20og Historic Jordan Springs .. ... ...... ........ . ..... ... _..... .... ... ............ ....... .... ...... ..... .... ... ..... ............... .... ... ..... ... ... http://www.historicjordansprings.com/conferences.1-itml 8/11 /2010 June n 10 Tea on the Veranda Seatings 12 noon - I pm 1 25 Charity Pub Night Live Entertainment 6 pm Charity: WinchesterSPCA July Dinner Theatre "Always Patsy Cline" in partnership with Wayside Theatre 9 Dinner 6 pm Show 7:30 pm 10 Lunch 12:30 Show 2 pm; Dinner 6 pm Show 7:30 pm 11 Dinner 6 pm Show 7:30 pm 15 Dinner 6 pm Show 7:30 pm i 17 Lunch 12:30 Show 2 pm; Dinner 6 pm Show 7:30 pm 18 Lunch 12:30 Show 2 pm 21 Dinner 6 pm Show 7:30 pm 22 Dinner 6 pm Show 7:30 pm 23 Dinner 6 pm Show 7:30 pm Charity Show Night Charity: WVPT i 24 Lunch 12:30 Show 2 pm; Dinner 6 pm Show 7:30 pm 25 Lunch 12:30 Show 2 pm 29 Dinner 6 pm Show 7:30 pm 30 Dinner 6 pm Show 7:30 pm i 31 Lunch 12:30 Show 2 pm; Dinner 6 pm Show 7:30 pm August 1 Lunch 12:30 Show 2 pm "Always Patsy Cline" 21 Paranormal Dinner & Investigation 6 pm 27 Charity Pub Night Live Entertainment 6 pm Charity: Blue Ridge Hospice Butterfly Club 29 Civil War Tea & Fashions of the Period TBD Seatem berber 12 Virginia Bride Bridal Show 1 - 4 pm 24 Charity Pub Night Live Entertainmen 6 pm Charity: 1st VA Cavalry, Company H 25 Mercedes-Benz Concourse d'Elegaace Car Show 9-4 pm October 7 Autumn Tea on the Veranda Seatings 12 noon -I pm 15 Charity Pub Night Live Entertainment 6 pm Charity: Habitat for Humanity 29 Hauntings Dinner, Tour, Investigation 6:30 pm November 12 Charity Pub Night Live Entertainment 6 pm Charity: To Be Determined 25 Third Annual Thanksgiving Dinner 2 pm-4 pm i i Action: PLANNING COMMISSION: AMENDMENT RESOLUTION & PROFFERS. FOR REZONING #10-01 I 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 i 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. Shickle, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. —Ay--e- Sidney A. Reyes A -p Aye Margaret B. Douglas Aye Aye Robert M. Sager Aye A COPY ATTEST 0;4�ltl'4 . John R. ley, Jr. Frederick County Administrator PDRes. 928-01 O:Ngandas\COMNENTS\REZONING\RESOLUTNUordan Springs.wpd REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. sea., 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 #10-01 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 REZONING 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 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 Missionary Servants of the Most Holy Trinity By: (Signature) SIGNATURE ON NEXT PAGE (Print name) Jordan Baxter, S. T. Date: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledgedbefore me this day of December 2001 by: My Commission expires: Notary Public: DEC-07-2001 13:190 TEI WINC • P.03 REZONING REQUEST PROFFER AA (/A\\ 913A L,i;1.:t t:ic allowed business sign to one sign. The sign sball be of monument-tvne 4Jl13trucmari and limited its fii y (50) squad' fzcA :a r',;! • ll:' a rlIclu'. . "+'•,'•-=T�;lmyements to ltg: Seuvara n Syd.�L't:l r. Lv1 flJ4li�tt 4i:til_ tV.t1/me fencing along the parameter,) i.he iy7V.a pond that services the 10.33 (}/-) acres. Th..-t cord tions pr^fforei 21-,ove- shall be binding upon the heirs, executors, adiaini5h-altuee, iP interest of the A.pp► icant and Owner. in the eveiii the Fiederick of Supervisors grant said rezoning and accepts these conditions; the i *^-�r;� ��li+�nrs shall. and : , ;� _:.t :a:' :•,r.r;;,. i- ;"'t.ion to other requirements set .: . f';,,t a„ t? F-pclPrirk r"iwntY � .s PROPERTY OWNER mi,F.kmary Stry nits of :I:E Moit Holy T-An;ltty (Print names �O 4 /� �._.-...�.X T-e.L STATE OF M. kRYLAND, A—! r`f�t rE MUNTGi, MERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this 11 th day of December, 2001. i✓iv %.mmnEisSio[l exPiiLIi: Nora*y Public: f' Revised 12/05/2001 per Frederick County S and Plannin (_oj-a ssio0 CAJI1LUC41M. 1'3TPL P.03 �s • Appeal # 07 - 10 Historic Jordan Springs °�`� PIN # 44 - A - 294 & 294A 4 (ZA's Interpretation as to Proffered Uses & Violations) e� 44 A 292 ' 45 93 1 469 3 2t 45 9 3 3 45 9 3 4 b � a ATKIN GREG DW �' • " �, NA �nninn _ _ r 660 J s �4 is �;��♦ t .fir i 40APP0710 Hist,,,WO WnSprings Zoning I+-IJ Portals ZONE RwdCommarvlyCenter B21B,Fn—, General OWN) iovmandCityBoundary R41Residenfid Plomed Community District) Development Area RP Residentid Performance Dislriat) eon war-1Woter Service Area g5P Wderdody —� Water Centerline Easemenh-J una09-FradedcKounty ®Ca tyR—PeServoti Lots Scenic W—, NeYpnal Fareefa I -r AA,r- 44 A 297 A 134 I.,-45 5217 , .A� % 45 2, 1"6 •. tp5 � t AS A �A1� r ee A RPzoning r � ♦ es o cQ + y� N ' ~•ter s� S sZ L ` Inset Map S' t� 17— A rlil -WOMM VIRGINIA I Note: Appeal # 07 - 10 Frederick County Dept of Planning & Development Historic Jordan Springs N Kent St Suite PIN # 44 - A - 294 & 294A suite 202 ZA's Interpretation as to Wrichester, VA22601 p 540 - 665 - 5651 0 Proffered Uses & Violations) Map Created: Sept 27, 2010 0 0.05 0.1 0.2 Miles Staff Planner: MCheran APPLICATION FOR AP,' -)[,'.Al. IN] " HE COUN`fY OF 1��1~tEERICK, VIRGINIA -OFFICE USE ONLY - Appeal Application .9 0� /� Submittal Deadline R16 T'or the meeting of IQ QD. rC6-rPzw17b i3y frPP`� ter; i Fee Paid _ � yes initials: MUST BE TYPED OR FILLED 0U'1_IN INK -_. 'LEASE PRtx•I' 1. The appiicant is to list the owners _— adult occupants .......... ._- or parties In interest ol•the property (C"l-icck one), 2. APPLICANT: OCCUPANT': (if difkrent) Tonie Wallace Aitken NAME: ?;�11i�IL',:_Greig._D,W........Aitken -- _- --- --.— HDI)RlS S 1160 _Jordan_ Springs Road ADDRESS: —_— _ Stephenson, VA 22656 TE'LE •I-IO'NE: - 5.4.Q..6�706- Q—._ 3 ".l•lie property is located at (give exact directions and include State Route numbers): ---The-px.opertyz-fronts..__can.to_hQth_.Ioxdan—SBrings—(Rou.t.e_ a64)-.and--_.--.___.... Wood Mill Road (Route 660);_T4ere i a4j 1Aing- property_at_the_inter.. section. 4. Magisterial Districi:--_Srones�zalL..--.-__.----.---_..____.._---.------ S. Property Identification. I'io.: #44-A-294_ i • *i 6. 7 01 10 The existing zoning of the property is: RA/B2/HA The existing use of the property is: Legal services, general business offices, public buildings, residential uses accessory to allowed business uses. Adjoining Property: USE ZONING North RA/VACANT RA East RA/VACANT RA South RA/VACANT RA West RA/VACANT RA Describe the decision being appealed. (Attach a copy of the written decision.) August 25 2010 letter from Mark A. Cheran Zoning Administrator. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The properties are not in violation of approved proffers The use "Public _ buildings" encompasses the use of property for the hosting of events at the premises for weddings receptions public presentations, charity gatherings and other special and corporate events. A salon is not operated by the owners on the premises although people use the premises for salon type services in conjunction with events held on the premises. 11. Additional comments, if any: The Frederick County Code does not specifically define the use of a premises as a "Public buildings" The owners have opened the premises to the public for use as an event center for many years. There has never been a complaint by anyone that the use of the premises is a problem in any regard. The suggestion that the uses on the premises violate the zoning for the property is staff driven. The owners attempted to cooperate with staff to clarify the term "Public building ' hotivever that endeavor resulted in county staff seeking to impose restrictions on the use of the premises beyond those currently permitted. The building located on the property has been used since at least 1949 for public functions. It was used for commercial activity since t972. The owners contest the suggestiona"certificate of occupancy" is required for the uses engaged by the owners on the property as historical.usaae of the property exempts the property fromhavin to o obtain a "CO." The property has always been used as a public building. No use has changed from historical uses. 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 Michael L. & Carol T. Sweet 362 Woods Mill Drive Stephenson, VA 22656 D.B.637. PG.412 Zoning: RA T.M. 55-7-14A Williarn G. Meirer III & Barbara E. Meirer INSTR. #: 030000603 Zoning: RA T.M. 55-7-14 William G. Meirer III & Barbara E. Meirer 270 Lick Run Crossing Stephenson, VA 22656 D.B.744. PG.437 Zoning: RA T.M. 44-A-31A Stephenson Associates, LC INSTR. #: 030005765 Zoning R4 Mailing Address: 207 Plaza Street, NE Leesburg, VA 201.76 Mailing Address: 207 Plaza Street, NE Leesburg, VA 20176 Mailing Address: PO Box 2530 Winchester, VA 22604 00 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.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 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 Executive Park Avenue Suite 300 Fairfax, VA 22031 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 INSTRN: 0500014891 Zoning: RA T.M. 45-9-3-4 Ervin W. & Barbara K. Simons 220 Monastery Ridge Road Stephenson, VA 22656 INSTR.11:010007198 Zoning: RA T.M. 45-4-1-4 Christian F. Kiene 1373 Jordan Springs Road Stephenson, VA 22656 D.B. 509. PG.214 Zoning: RA T.M. 44-A-296 Herman D. Claar 102 Wood Mill Road Stephenson, 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 94, 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 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 Tina Newlin 906 Woods Mill Road Stephenson, VA 22656 D.B.960. PG. 103 Zoning: RA i AGREEMENT APPEAL #� "Jo I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zonng Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Fredericks County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT )ATE, SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF _ �/ h 4/ 10 ACTION: - DATE - APPEAL APPEAL OVERRULED APPEAL SUSTAINED SIGNED:_ _ BZA CRAIRMAN DATE: Rev. u97 0 i • • Specials Limited Power of Attorney County of ]i rederiek, Virginia Frederick Planning Web Site: .............. - - _ ....... Department of Plamiffig & Development, Comity of Frederick, Virginia, 107 North Vent Street, Suite 202 Witieliester, Virginia 22601 I Facsimile 540-.665-6395 Phone 540-665••5651 i Kilow All Men By Those Present; That I (We) (Hanle) Greiff D.W,.AitkenTonie.._Wa.. ace-1,; tken — (Phone) ------- (Address) 1160 Jordan Springs Road, Stephenson, VA 22656 of all tilose tracts or parcels of land ("Property") conveyed to Ine (us), by deed rcc:ordcd in the otivner(s) the Clerk-s Office of the Circuit Court of the County of Frederick; Virginia, by 020008453 I1Istr11111e11t N10. _G00.0.1-1.$1�3__..„_—_ 011 Page _ , and is described as Parcel: Lot: 4_4 Block, Section: _Zg_4 Subdivision; _ —---_._...... do hereby make, constitute aild app6i'iit; (Naive) _Staphen_L..-P_attle>=,_ Jr Es u -p _._ _ (Phone) (flddress)H,ar soh. & Johnston, PLC, 21 S. Loudoun Street, Winchester, VA 22601 To act as my true and lawful attorney-iil-fact for and in my (our) name, place, alld stead with full. power and authority I (we) Would have if acting personally to file plamung applications for lily (our) above described Property, including: Rezoidug (including proffers) Conditional Use Permit _ Master Developilleitt .Plan (Preliminary and final) Subdivision - Site Plan Variance ov Appeal C'ompi•ehensive Police Plan Aniewhueut My attorney -in -fact shall have the authority to offer proffered conditions and to make anlendnlents to previgpsly approved proffered conditions except as follows: xation shall expire one year from the day it is signed, or until it is otherwise rescinders or modified. In'witness thereof, I (we) have hereto set my (our) hand mild seal thiq' of Signatures) 2010, 'N A. GRILLO NOTARY PUBLIC COMMONWEALTH�QE VIRGINIA State ofVlrgLilla,City/�--etwri:7Of--�tA �� 1__.._- ,rot\'ll: �MYCOMMISSION EXPIRES'6ECEMBER 312011 a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoi.nz instrument. perso lally a speared before nic has acknowledged t e same before me in thejurisclictia11 aforesaid this �ay c1I'��_U.--._, 20j'fo . _.....___ My Commission Expires: 1_ 3141- N:N'T;�o___-- •ry Public 1)44-�fc�:;��� Revised 3/1.7/08 Spechal Lin-tited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: v° 1°+ Department of Planning & Development, County of F1'edellck, Virginia, 107 North Kent Strect, Suite 202 Winchester, Virginia 22601 P`acsimile 540-665-6395 Phone 540••665-5651 Know All Men By Those Present: That I (We) (Name) _ Greig DLW __..Aitken&Tonic _Yallas�—Aitken (Address) 1160 Jordan Springs Road, Stephenson, VA 22656 the owner(s) of all those tracts or parcels of land ("Property") conveyed to Die (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by 020008453 Instrument No. none 1 R 1--.----- on Page and is described as Parcel: Lot: 4_44 Block• i Section; .294— SIIbCII\'IS1GIl; clo hereby make, constitute and appoint: (Name) --Stephen_L—Pet_tle-r._, Jam. -,-_Esquire _..___... — (I'hoite) 540. 6_6Z_L2_6..6_._—_ (Aciclless)Harrisoh & Johnston, PLC, 21 S. Loudoun_Street, Winchester, VA 22601 To act as my true and lawful attorney-ill-Rict fGl' alld ill Illy (our) name, place, and stead \with full po\Vel' and authority I (we) would have if acting; personally to file planning applications for my (our) above cescribed Property, including: Rezoning (including proffers) _ Conditional Use Permit _ Master Development Platt (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the clay it is signed, or until it is othel-Wise rescinded or modified. Ln witness thereof/, I (we) have hereto et Illy (our) hand and seal thisp���ciay of 200, Signatul e s MAUREEN A. GRILLO Off/ -- --- -_�: NOTARY -PUB State of Virginia, City�� t;/6t,�t4 .._..._ To••\vit: COMMONWEALTH OF. MISSION EXPIRES DEC EM6 I V1_^�- a Notary Public in .,�.s l-`fol' .the"jiti�isclf't'�tttS11' aforesaid, certify that the persorl(s) \Vllo signed to the foregoing instrunient pees Bally appeared before nic �wc( as acic.no\vleclge<l the saute bef re me in the jurisdiction aforesaid tlli'lay o - U ' 2.0U0 _• my Commission Expires: Notary Public Revised 3/17/08 NIA ak — ,� R 31. 201 COUNTY of FREDERICK Department -of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 2, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPEAL APPLICATION #07-10 FOR HISTORIC JORDAN SPRINGS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 16, 2010, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Appeal Application 907-10 for Historic Jordan Springs, submitted by Stephen Pettler, Esquire, who is appealing the decision of the Zoning Administrator pertaining to violations committed under Section 165-101.07D - Compliance Required; Required Permits, and Section 165-102.06 - Conditional Rezoning, related to the proffered conditions of Rezoning # 10-01. The subject property is located at 1160 Jordan Springs Road, and is identified with Property Identification Numbers 44-A= 294 and 44-A-294A in the Stonewall Magisterial District. Any interested parties may attend this hearing. A copy of the application 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. Sincerely, / ,- XarZ. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 N i This is to certify that the attached correspondence was . mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: _ - --44 -A- - 31 •A 44 ' A• . 294- STEPHENSON ASSOCIATES LC AITKEN GREIG D W PO BOX 2530 & WALLACE TOME M I WINCHESTER VA 22604.1729 1160 JORDAN SPRINGS RD STEPHENSON VA 22656-2015 45 •5- 2. 17- Stephen Pettier, Jr., Esq, CARLSON RENE R 154 HUMMINGBIRD LN PO Box 809 STEPHENSON VA 22656.2014 Winchester, VA 22604 - - 45 •4- 1 • 1- - 44 - A• - 295- FORTNEY CLARK D. & BARBARA K. REXRODE WILLIAM M & SHARON M - 1281 JORDAN SPRINGS RD 1099 WOODS MILL RD STEPHENSON VA 22656.2020 STEPHENSON VA 22656.2046 - - 45 _ • 5- 2- 16- 55 . A- -133• - SIGLER MICHAEL S. & JOAN B. HART DOROTHY L. 141 HUMMINGBIRD LN STEPHENSON VA 22656.2014 897 WOODS MILL RD 45 -4- 1. 3- STEPHENSON VA 22656-2044 CONLEY JOHN M. & K. JUNE 55 •7- • 1 - PO BOX 218 SWEET MICHAEL L. 362 WOODS MILL RD STEPHENSON VA 22656.0218 STEPHENSON VA 22656 - - - 55 7• - 14-A MEIER WILLIAM G III & BARBARA E 270 LICK RUN XING STEPHENSON VA 22656-2023 irk R. Cheran, Zoning & Subdivision Administrator ;derick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I,.Y�W-AL4—, a Notary Public in and for the State and County aforesaid, do6hereby certify that ark R. Cheran, Zoning & Subdivision Administrator for the Depart nt of Planning and Development, whose name is signed to the foregoing, dated J . �. ® , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of �ZXe4a� My commission expires on .sc5iv�ud--N�'dL`Swtvt>rtT�we,+S2hes�*a.vM�or.A�.•�N>� t NOTARY ID # 331878 C � NOTARY PUBLIC COMMONWEALTH OF VIRGINIA � IRES JULY 31, 2011 NOTARY BLIC iV1Y COiJIN11SSION EXP ,,.,�drt„y; �:ms>.wa^ ..Ev-�ra�warnuwu�':rt, vmvav nt':u-rT r�kn'"`t 0 WE Ic- 44 - A- - 293- BROOKFIELD STEPHENSON VILLAOLC 8509 EXECUTIVE PARK AVE STE 30 FAIRFAX VA 22031.2225 45 -9- 3. 2- HOFFMAN WILLIAM D. & PATSY L. 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 45 - 4- 1. 4- KIENE CHRISTIAN F. & 1373 JORDAN SPRINGS RD STEPHENSON VA 22656.2021 44 - A- - 296- CLAAR HERMAN D CLAAR PATRICIA G 1102 WOODS MILL RD STEPHENSON VA 22656.2037 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 William & Barbara Meirer 207 Plaza St., NE Leesburg, VA 20176 PPg--L- -A- - fC); "2')1 V 4 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-1-33 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 r55-7-14 liam ei r & Barbara E. Meirer Stephenso PGA 226-%� D.B. .437 Zoning: RA V/ T.M.44-A-31A - Stephenson Associates, LC 1NSTR. #: 030005765 Zoning R4 TO:BARBARA-DATA PROCESSING FROM: BEV - Planning Dept. Please pri t � sets of lab s by ���� ® N I 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/ 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--216 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 1NSTR. #: 040002 293 Zoning: R4 Mailing Address: PO Box 2530 Winchester, VA 22604 Mailing Address: PO Box 218 Stephenson, VA 22656 Mailing Address: 8500 Executive Park Avenue Suite 300 Fairfax, VA 22031 • • 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. 453-3 'V Terry F. & Angela Rudolph 170 Monastery Ridge Road Stephenson, VA 22656 INSTRA 0500014891 Zoning: RA T.M.45-9-3-4 V/ Ervin W. & Barbara K. Simons 220 Monastery Ridge Road Stephenson, VA 22656 INSTR. #:010007198 Zoning: RA T.M.45-4-1-4 Christian F. Kiene 1373 Jordan Springs Road Stephenson, VA 22656 D.B. 509. PG.214 Zoning: RA / T.M.44-A-296 Herman D. Claar 102 Wood Mill Road Stephenson, VA 22656 Zoning: RA T.M.:4-4=A-2 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 1 I I✓ 1847 Martinsburg Pike Winchester, VA 22603 I D.B. 867. PG. 1843 O Zoning: RA T.M. 55A-1-22A 1 N 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 0 T.M. 55A-1-17 Tina Newlin 906 Woods Mill Road Stephenson, VA 22656 D.B.960. PG. 103 Zoning: RA i HARRISON & JOHNSTON, PLC 21 SOUth Loudoun Street Winchester, Virginin 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 September 30, 2010 VIA EMAIL Mark Cheran Zoning Administrator County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettle a harrison-johnston.cont Mobile 540.664.5134 In Re: Appeal Application; 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 Mark: This letter will confirm that the above -referenced appeal has been rescheduled for November 16, 2010 instead of October 24, 2010. Should you require anything additional, please do not hesitate to contact me. Very truly yours, St h L. Pettler, r. SL mag cc: Clients FPOM : ADUANCED_LEGAL_TECHNOLGIES,LLC FAX NO. : 540 667 4114 Aug. 26 2010 04:35PM P2 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED IVL�IL August 25, 2010 Greig D. W. Aitken and Tonie W. Wallace 1160 Jordan Springs Road Stephenson, Virginia 22656 : .:.. 1160 JordawSprings Road Property Identification Number (PIN): 44-A-294 & 44-A-294A 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 the above -referenced properties are in violation of the proffered conditions approved with Rezoning #10-01. This rezoning was approved by the Board of Supervisors on December 12, 2001. The properties were rezoned from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone, and were limited by proffer 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 The properties are currently in violation of the approved proffers as a variety of commercial activities ., including but not limited to the following are occurring on the properties: • Hosting weddings and wedding receptions on site • Hosting dinner theatre on site • Hosting charity pub rites with live entertainment on site Hosting holiday dinners on site • Hosting special events and corporate events on site • A business (hair salon) that is not proffered to be on site • A business sign that is not of a monument -type for which there is no record of a building permit, for the sign 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • FROM : ADVANCED_LEGAL_TECHNOLGIES,LLC FAX NO. : 540 667 4114 � Aug. 26 2010 04:36PM P3 Page 2 Greig D. W. Aitken and Tonie W. Wallace Re: 1160 Jordan Springs Road August 25, 2010 The above -referenced commercial activities were listed on the Historic Jordon Springs' web site, flyer, and press release; which listed all the past and future activities occurring on the properties. These activities have had from eight (8) to four hundred (400) guests at any given event. Research of County records indicates that a Certificate of Occupancy (CO) for the aforementioned commercial activities on the properties has not been issued. Therefore, this property is in violation of Section(s)165-101.07 D and 165-102.06 of the Frederick County Zoning Ordinance. Section 165-101.07 D requires that no structure(s) be occupied until a been issued by the Director of Code Administration uildin Official No CO shall be `CO bas (B g ) issued unless all of the requirements of the Zoning Ordinance have been met. The requirements of the Frederick County Zoning Ordinance have not been met with regards to Rezoning #10-01. Section 165-102.06 of the Frederick County Zoning Ordinance requires that when a proffered condition is accepted as part of an amendment to the Frederick County Zoning Ordinance, the conditions shall remain in effect and be complied with, until a subsequent amendment changes the zoning on the properties covered by the conditions. The Frederick County Board of Supervisors has not approved a subsequent zoning amendment on the properties to allow the ongoing commercial activities occurring on these properties. This office will allow thirty (30) days from receipt of this letter to resolve these violations. Specifically, resolution of these violations may be accomplished by amending the proffers via a rezoning approved by Frederick County allowing for additional uses to occur on the properties. 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 ''if it is not appealed within 30 days. Should you choose to:appeai, the. appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance `with Article NM, 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 appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved parry, 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. 1 have included a copy of the proffers for Rezoning #10-01 for your review. FROM : ADUANCED_LEGAL_TECHNOLGIES,LLC FAX NO. : 540 667 4114 Aug. 26 2010 04:36PM P4 Page 3 Greig D. W. Aitken and Tonic W. Wallace Re: 1160 Jordan Springs Road August 25, 2010 Contact me regarding any questions that you may have at (540) 665-5651. Sincerely, M k R. Cheran Zoning Administrator Euclosui'e MRC/dlw cc: Charles DeHaven, Stonewall District Supervisor Stanley Crockett, Gary R. Oates, Stonewall District Planning Commissioners Scott Fincham, Environmental Health Manager, Lord Fairfax Health District John Trenary, CBO, Building Code Official Dennis Limburg, Deputy Chief, Fire Marshal i`{.K�.'f+M•ith.%�'.i��^� iJ ..i..'.1%�,. ., .I ... • .. • . 1. �' • • FROM : HDVANCED_LEGAL_TECHNOLGIES,LLC FAX NO. : 540 667 4114 Aug. 26 2010 04:37PM P5 A,%&E YDiN1FNiT Action: PLANNLNG COMMISSION- December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - @ APPROVED a 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 properry 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 bearing on this rezoning on December 12, 2001; and `•`s.; > �"fix :';,.r,.,,. � ;►• :. •VVMREAS, 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. PDRe9 M41 FROM : HDVANCED_LEGAL_TECHNOLGIES,LLC FAX NO. : 540 667 4114 • Aug. 26 2010 04:37PM P6 This ordbiance shall be is effect on the date of adoption. Passed this 12t6 day of December, 2001 by the following recorded vote: Richard C. Shickle, Chairman W . Harrington Smith, Jr Charles W. Omdoff, Sr. -As-r- Sidney A,. Reyes —A*e— Aye Margaret B. Douglas Ay g Aye Robert M. Sager Aye A COPY ATTEST John klitley, Jr. Frederick County Administrator Pt)RvS. )IT" 1 0 A""JA.1COMMUWTSWIYVNIN(V11�Si)i,liTNlksJw SP^�V wpd FROM : ADVANCED_LEGAL_TECHNOLGIES,LLC FAX NO. : 540 667 4114 Aug. 26 2010 04:38PM P7 REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 StonewaU Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et sec•, of the code of Virginia, 1950, as amended, and the provisions of the Frederick Comity 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 #10-01 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. ba 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 descn-bed 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 DepartrQent of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for read improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All 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 6 FROM : ADUANCED_LEGAL_TECHNOLGIES,LLC FAX NO 540 667 4114 Aug. 26 2010 04:38PM P8 REZONING REQUEST PROFFER Property Identification Number 44�--((A))-294 Stonewall Magisterial District Page 2 of 2 Limit the allowed business sign to one sign. The sign shall be of monument -type „;. coastructioa and limited to fifty (50) square feet in size or a placard Ot- 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 great 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. Regectfally submitted, PROPERTY OWNER Missionary Servants of the Most Holy Trinity By: (Signature) (PzinVol t nam Date: STATE OF MARYLAND, AT LARGE MONTGOMERY COUN IY, To -wit: The foregoing instrument was ackmwiedged before me this day of December 2001 by: My Comuussion expires: Notary Public: FROM : ADVANCED_LEGAL-TECHNOLGIES,LLC FAX NO. : 540 667 4114 Aug. 26 2010 04:40PM P1 REZONING REQnST PROFFER .n.re i..ani: z4z allowed business Woi to ode &igm 11w sign 5,bJ1 be of monummt-Me el:istructicn anti 1tiniled 1,0 fry (50) sq;;am Ut.1:!I!!, rc cis a Placard, cL+;--=r; 1mnmYtments � i.c�'poli y�d�il1'JE� �Vv,trs� P�ct� Prue t,'o si.-W.tv-mras fencing along the mamere, 41 pond titer vt ices the 10.33 (+/-) acres Th: =di inns Fr^ffeved rive shaU be *Ahng apou ffie heirs. c=uwm adirinisirawre. -Ib.;`,.._. N-T►-4 -+rC---. 'T ir. iWArest of the P-pphcant and Owna. ' in tho oveat tie Rtderick ���:..� F,► �_ of Si:great said tvzo=g and wcros these conditions; the all .- 2. •'. i, ._ �'.=tion to other requirements set PROPERTY OVNEA Misew!axy V.•arvants cf the Mad Hal� Tvin:�V vrat. irc)^ !Print nrrae�29-0 STATE OF MARYLAND. Ar I.AALE ;,; ; :. � �,��� �9 � ;'�� �MC11V'7'GflFiii�Y Ct7iJNI� ; Tc►=wit: The foregoing inLvnmeat was acknowledged before me dzis 11 th day of Oecergber, 2001. Wv -nm-issioa txp;Cz;. 14 Notay Public: Z _ Reviwd 17ASawl per pmx eiia Courdy 3 add planniat; "-Cu uuum C.+.xis,n =L% JTPL P. W FROM : ADVANCED_LEGAL_TECHNOLGIES,LLC FAX NO. : 540 667 4114 Aug. 26 2010 04:39PM P9 Pr -peM Identiflcanon Nr bei Sw"Cw:.» b1thi3` "-E2. 1 `3triCt PrT-"1 0!? re irn naadHatim- Nrsnaan W GL,:jen t 5.2-2,"A r m of -be code of virg:nir. 195Q u cmrnded, dad the provisions of the Frederick Cottaty Zwting Ordmnca with rmpe t m conditional zoning, the l>addef: r� -;i- r23ff S to in the event ft $Oad of SUPC[V16o13 of Fredadch Coomty. V ita:aL4 #�r if Appn a Rj=mring .App2c3:.;. n 1�,L'- fir th::wocin% of 10.33 (+/:; r^4 £roan Y►^ kl Arx i1;0 : taan3 Disazia ►o i3uau�esa a r t s(%-2I Zonuig Visirict a`Z ' -ta (WA) Overlay Zane. Derelcpmem of the rublacr prop=ry shall be done in con mmity with the term and conditions set forth herein, except to tie exteru that such -vans avid wnrditioas taav be subsequently aaaem,or revised by the applicant nerd such e - 'VIZ4 by the Ftedwxk Cousy Board of ;Zul,ervisms in accordance wiav Virginia Law. the eyed that such racntng is not graft 4 then these Xoftm zh211 be deemed wi ha, awr.:iA have no effect whatsoever, 'laic undeaigna, that owns the above described pMerty. iwreby voluruarily proffers that if the Boca ^ f for the C:—=rr r-f F.-;--ick rpproves the rewrLing for the 10.33 ( *'-; ,i xes 1he w-,!, mi 4m.: Transp2r:4dap Caud". de:� C - In-ff ^ .ind ai PlanDing stage in accwdanca with the VhVaia Department of'Traasporraban (V'DO n stand& -der. Provaoa WCe*srarrvrigri1 al way alas IV read :4xv�=L:: i_ ;_ VDOT. All I� MIA I� � U� �l1dIl1UU�:! 111 �llllll�L UI1W 1 llUl �ldlllldll!!:' ll �lEtl��Cl� County standard:. :A1 b w IJse� _ Limit the a31cwed was to: Health Sern,ccs Legal Services Flenecring, accounting. rcaeatch. mange=nt and related services. Cx=eral bastaess offices Pubb�uldiag DMIdUr de mu uses which arc aeoessory to allowed businesr uses 1 .. 1 Cwa tout) HISTORICTORDAN SPRINGS F\•cnt &t Cultural Ccntrc ��� �. _;•gyp; 11 ¢0 Jordan Springs Road, Jordan Springs, VA 22W i 540.667.7744 www.HistorldordanSonnas.com June 10 Tea on the Veranda Seatings 12 noon - 1 pm 25 Charity Pub Night Live Entertainment 6 pm Charity: Winchester SPCA Dinner Theatre "Always Patsy Cline" in partnership with Wayside Theatre 9 Dinner 6 pm Show 7:30 pm 10 Lunch 12:30 Show 2 pm; Dinner 6 pm Show 7:30 pm 11 Dinner 6 pm Show 7:30 pm 15 Dinner 6 pm Show 7:30 pm 17 Lunch 12:30 Show 2 pm; Dinner 6 pm Show 7:30 pm 18 Lunch 12:30 Show 2 pm 21 Dinner 6 pm Show 7:30 pm 22 Dinner 6 pm Show 7:30 pm 23 Dinner 6 pm Show 7:30 pm Charity Show Night Charity: WVPT 24 Lunch 12:30 Show 2 pm; Dinner 6 pm Show 7:30 pm 25 Lunch 12:30 Show 2 pm 29 Dinner 6 pm Show 7:30 pm 30 Dinner 6 pm Show 7:30 pm 31 Lunch 12:30 Show 2 pm; Dinner 6 pm Show 7:30 pm August 1 Lunch 12:30 Show 2 pm "Always Patsy Cline" 21 Paranormal Dinner & Investigation 6 pm 27 Charity Pub Night Live Entertainment 6 pm Charity: Blue Ridge Hospice Butterfly Club 29 Civil War Tea & Fashions of the Period TBD S_ptem ber 12 Virginia Bride Bridal Show 1 - 4 pm 24 Charity Pub Night Live Entertainmen 6 pm Charity: 1st VA Cavalry, Company H 25 Mercedes-Benz Concourse d'Elegance Car Show 9-4 pm October 7 Autumn Tea on the Veranda Seatings 12 noon-1 pm 15 Charity Pub Night Live Entertainment 6 pm Charity: Habitat for Humanity 29 Hauntings Dinner, Tour,lnvestigation 6:30 pm November 12 Charity Pub Night Live Entertainment 6 pm Charity: To Be Determined 25 Third Annual Thanksgiving Dinner 2 pm-4 pm