HomeMy WebLinkAbout06-09 ApplicationSincerely,
May 12, 2011
Mr. Greig Aitkin
Ms. Tonie Wallace
1160 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
Eric R. Lawrence, AICP
Planning Director
ERL/bhd
cc: Stephen L. Pettier, 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 Winchester, Virginia 22601 5000
Y ofSSIZFDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
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 (HA) Overlay Zone. This revision is intended
to add the following permitted uses on the site:
1. Eating 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.
Planning Commission:
Board of Supervisors:
1
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
01/06/10 Recommended Approval
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8/11/2010 Withdrawn at Applicant's Request
(3/28/11 Court order reactivating application)
5/11/2011 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 0.5 /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 (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.
This proffer amendment application was withdrawn by the applicant on August 11, 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 return 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 11, 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.
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.
Rezoning #06 -09 Jordan Springs Property
May 2,2011
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.
Planning Commission:
Board of Supervisors:
Reviewed
01/06/10
04/14/10
05/26/10
8/11/2010
5/11/2011
Action
Recommended Approval
Public Hearing held; action Tabled at
Applicant's request.
Tabled
Withdrawn at Applicant's Request
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
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: Vacant
Use: Agricultural Residential
Use: Agricultural Residential
Use: Residential
Use: Agricultural Residential
Rezoning #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 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.Iune 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 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, 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. 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 #06 -09 Jordan Springs Property
May 2, 2011
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 -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 /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.
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,
Rezoning #06 -09 Jordan Springs Property
May 2,2011
Page 5
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.
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 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.
Rezoning #06 -09 Jordan Springs Property
May 2, 2011
Page 6
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.
SUMMARY 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 permit.
This rezoning application was formally withdrawn by the applicant August 10, 2010. The Board
honored the applicant 's request and removed the application from their August 11, 2010 meeting
agenda, and the application's file was closed.
SUMMARY 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 (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).
This proffer amendment application was withdrawn by the applicant on August 11, 2010. Following
extensive legal discussions and preparations for judicial review of the zoning violations, an March
28, 2011 the court issued an order to reactivate the proffer amendment application and return the
Rezoning #06 -09 Jordan Springs Property
May 2, 2011
Page 7
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 I, 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. 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 permits for such festivals or special events which are to occur
outdoors at the property.
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.
Case Planner: CPerkins
FNUre 8137 Bypass ZDbing imp B3 (Businsis, Industrial Transition District) MI Indusrial, Light District) MS (.Medical Support District) G R. \(Rural Area Dt.+rlet)
Urban Development Area BI(Burins, Neighborhood District) igo EM (Extractive h
e+ive Manueturing DWUid) bn(Industrial, General District) R4(Residential Planned Community District) RP(Reddenti4 Performance District) SWSA B2 (Business, General IIB(Iligher Pdueation District) MI11(Stabile Ilium Community Dlalrlai)- RS (Residential Recreational Colnmwdry DWrirt)
0 125 250 500 Feet
1 1 1 1 1
Jordan Spring
Greig Aitken a
Toni Wallace
Current Zoning
PIN: 44 A 294 ft 294A (portion)
Proffi
Map Document (F1_1_ Locator_ Mps120091JordanSpnngs _ProfferRevision.mxd)
RTMiks
02/10/11
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. CASE NO. CL 10 -1009
GREIG D.W. AITKEN
TONIE M. WALLACE AITKEN
Respondents.
ORDER
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.
g/e
ENTER this 28 day of Feiffrw 2011.
ND AGREED:
Rob T. Mite
Counsel for Pe
squire
SEEN AND AGREED:
1 r
L. Pettier (j /Esquire
Counsel for Respondents
2
A Cow Mat
Redenck Day Mail OW
Mai` &LUSA
csputi as*
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:
Department of Planning and Development
540/665 -5651
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
COUNTY of FREDERICK
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:
1 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
December 1, 2009
Mr. Stephen L. Pettier, 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. Pettier:
The Frederick County Historic Resources Advisory Board. (HRAB) 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 #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
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
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 HRAB 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,
Contabe, et. 4wei L
Candice E. Perkins, AICP
Senior Planner
cc: Rhoda Kriz, HRAB Chairman
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 #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 (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, 2010 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
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
Gary Dove
Gene E. Fisher
Christopher E. Collins
PDRes. #12-11
Gary A. Lofton
Bill M. Ewing
Charles S. DeHaven, Jr.
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
To be completed by Planning Staff
Address: 1160 Jordan S
Name:
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
co
Fee Amount Paid S 000
Date Received
Zoning Amendment Number 0 3. 1 0
PC Hearing Date *10 BOS Hearing Date /a'7 0
The following information shall be provided by the applicant:
rin•s Road S
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, Winchester.
1. Applicant:
Name: Grai 1) W AitYPn fi Tinnier Wallace Telephone: 540 667 0600
2. Property Owner (if different than above)
Name:
Address:
3. Contact person if other than above
4. Checklist: Check the following itemyhat have
Location map
Plat
Deed to property
Verification of taxes paid
10
Telephone:
Telephone:
been included with this applicatioty.
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
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 Deeeuber 12, 2001 to
include: Restaurants (SIC 58); Theatrical Productthons (SIC 7922); Hotels (SIC 70);
and uses accessory to using the property for events.
7. Adjoining Property:
PARCEL ID NUMBER
kSee List)
USE ZONING
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 p gs (Roy e 664)
Of ••u u
..e NB-
property at the intersection).
11
9. The following information should be provided according to the type of rezoning
proposed
Single Family homes: N/A
Non- Residential Lots: N/A
Office:
Retail:
Restaurant:
10. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County 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 sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning 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):
N/A
N/A
N/A
Number of Units Proposed
Townhome: N/A
Mobile Home: N /A
or
Owner(s):
7 4 7 o
12
Square Footage of Proposed Uses
Service Station: N/A
Manufacturing: N A
Warehouse: N/A
Other: N/A
Multi- Family: N/A
Hotel Rooms: N/A
Date:
Date:_
J
ola-e y
Date: Seems Lo,j
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 IB Barbara E. Meire
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
JORDAN SPRINGS
List of Adjoining Property Owners
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.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
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. 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
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
I- Ierman 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
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, /0.33 ACRES
N45 °00'00 "E
140.00'
f
N17'30'00'4 J 1
250.00'
i
°O
523 "W
297.00'
BOUNDARY INFORMATION SHOWN HEREON /5
COMP /LED FROM EX /STING LAND RECORDS
AND DOES NOT REPRESENT AN ACTUAL FIELD
RUN BOUNDARY SURVEY BY TRIAD ENGINEERING.
THIS SURVEY HAS BEEN PREPARED WITHOUT THE
BENEFIT OF A TITLE REPORT. THEREFORE. TH /5
PLAT MAY NOT INDICATE ALL ENCUMBRANCES ON
THE PROPERTY.
BUILDING LOCATIONS SHOWN HEREON ARE DETERMINED
FROM AER /AL PHOTOGRAPHY AND ARE APPROX /MATE.
THE EXISTENCE OF VEGETATED OR T /DAL WETLANDS
WAS NOT DETERMINED DURING THIS SURVEY.
THE EXACT LOCAT /ON OR EXISTENCE OF UNDERGROUND
UT /LIT /ES WAS NOT ESTABLISHED DURING THIS SURVEY.
„o_
.c
0 V
�p5
'55 3
r- o
o o
o'n
X514 °20'23 "W
2 09; i
173.02'
l0 579'56'54 "E
351.88'
0
$ly 7101'32'18"E
l 353.27'
a 1_
514.09'
500'41'59 W
138.08'
589 "E 900.00
J
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445.08'
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179.00'
300
sc°.E ('100'
August 12, 2010
Stephen L. Pettier, Jr., Attorney at Law
Harrison Johnston, PLC
PO Box 809
Winchester, VA 22604
BILE COPS UNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
RE: Rezoning #06 -09 of Jordan Springs Property
Property Identification Numbers 44 -A -294 and 44- A -294A (portions of)
Dear Mr. Pettier:
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.
Sincel
Eric IZrawrence, AICP
Director of Planning Development
cc: Greig Aitken 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
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
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 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 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 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 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.
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 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
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
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:
Vacant
Use: Agricultural Residential
Use: Agricultural Residential
Use: Residential
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 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 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 of2009, 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 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 annual festival permit
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 #06 -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 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 Eastem 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.
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 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.
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 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 penult.
*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 was cited with another zoning violation for the illegal operation ofa
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.
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.
CERTIFIED MAIL
July 9, 2010
Greig D. W. Aitkens and Tonic W. Wallace
1160 Jordan Springs Road
Stephenson, Virginia 22656
Dear Mr. Aitkens and Ms. Wallace:
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
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
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
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:
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 )OU, 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
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,
,7- R. Chelan
Zoning Administrator
Enclosure
MRC /dlw
cc: Charles DeHaven, Stonewall District Supervisor
a u TM gx+Ya:itarar n.::
14 .E a a E r_ E �.o r 4CWAkE dir,
O 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 mailpiece,
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
2 i A w 7009 2820 0004 3646 1680
PS Form 3811, February 2004
�aex art:,
COMPLET SECTION
Eo-THIS SECTION ON DELIVERY,
sz?t r *'ice adg KI?TAVIr a
B. Received by (Printed Name)
A. Sig ature
D. Is delivery address different from item 17 Yes
If YES, enter delivery address below: No
3. Service Type
Certified Mall
Registered
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10259502 -M -154{
TO: Frederick County Board of Supervisors
FROM: Eric R. Lawrence, AICP, Planning Directo
SUBJECT: Jordan Springs 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. The proffer amendment was
initiated in an attempt to expand the allowed uses on the property to address an existing
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
might 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 met 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 the property. The 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 from the Board pertaining to the applicant's request for deferral
until the County Code is revised to enable an annual festival permit 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/bhd
COUNTY of FREDERICK
MO RA IN Ni
epartment of Planning and Development
540/665 -5651
FAX: 540/665 -6395
107 North Kent Street, Suite 202 Winchester, 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
Gentlemen:
May 14, 2010
Stephen L. Pettler, Jr.
Facsimile 540.667.1312
pettler@harrison-johnston.com
Mobile 540.664.5134
Mr. Gary W. Dave
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 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
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' meeting with staff and Supervisor DeHaven 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
Ve truly yours,
Ste he'i. Pettler,
SL sp
Attachments
cc: Eric Lawrence, Planning Director
Clients
1
REZONING:
PROPERTY:
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 1410 -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:
1. Health Services
2. Legal Services
AMENDED PROFFER STATEMENT
Proffer Amendment RZ #06 -09
Historic Jordan Springs
Tax Map Parcels #44 -294 and 44- A -294A
Registration No.:
My commission expires:
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 2010,
GREIG D. W. AITKEN
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this
W. Aitken.
day of May, 2010, by Greig D.
NOTARY PUBLIC
Respectfully submitted this day of 2010,
The foregoing instrument was acknowledged before me this day of May, 2010, by Tonie M.
Wallace.
Registration No.:
My commission expires:
TONIE M. WALLACE
NOTARY PUBLIC
21 South Loudoun Street Winchester, Virginia 22601
P.O. Box 809 Winchester, Virginia 22604
Telephone 540.667.1266
Mr. Riley:
HARRISON JOHNSTON, PLC
May 14, 2010
John R. Riley, Jr., Secretary
Frederick County Code and Ordinance Committee
107 North Kent Street
Winchester, Virginia 22601
Stephen L. Pettier, Jr.
Facsimile 540.667.1312
pettler@harrison-johnston.com
Mobile 540.664.5134
In re: Request for Amendments to Chapter 86 (Festivals) of the Frederick County Code
I represent Tonie 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 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
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 concems. With kind regards, I am
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 #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 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 (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.
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.
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 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 existing zoning violation. The applicant should be prepared to adequately address all
concerns raised by the Board of Supervisors.
Rezoning #06 -09 Jordan Springs Property
May 18, 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
Planning Commission: 01/06/10
Board of Supervisors: 04/14/10
05/26/10
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
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: Vacant
Action
Recommended Approval
Public Hearing held; action Tabled at
Applicant's request.
Pending
Use: Agricultural Residential
Use: Agricultural Residential
Use: Residential
Use: Agricultural Residential
Rezoning #06 -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 sight distance. If the
facility is looking at primarily weekend events, 1 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 thefirst step necessary to
resolve the violations on the property.
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.
[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.
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 #06 -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 (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.
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 concem 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.
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
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 line approach to remedying
the existing zoning violation. The applicant should be prepared to adequately address all
concerns raised by the Board of Supervisors.
REZONING APPLICATION #06 -09
JORDAN SPRINGS PROPERTY
Staff Report for the Board of Supervisors
Prepared: 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 #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 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.
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
Planning Commission: 01/06/10
Board of Supervisors: 04/14/10
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
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:
Action
Recommended Approval
Pending
Vacant
Use: Agricultural Residential
Use: Agricultural Residential
Use: Residential
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 properly 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.
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 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 #06 -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 132 (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 1- listoric 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.
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.
REZONING: Proffer Amendment RZ #06 -09
PROPERTY:
The Applicant hereby proffers as follows:
Allowed Uses
AMENDED PROFFER STATEMENT
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
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 l I, 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.
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.
The applicant proffers to prohibit all uses 011 the Property that are otherwise allowed in the B2 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
7,
Respectfully submitted this /7 thy of -4 -,,,.,c,cy 2010,
1_ "1 SUE
SNP...
q
..4 NOTARY 9 2•
PUBLIC 9
REG. #241038
A4Y CGMr•1 ;SSION
O EXPIRES
%JO/31 ;2012••'•���
h fALTH OF
Respectfully submittedj}}is, day of
SOF
q
NO TARY '9 l•'y
PUBLIC 9
REG
PAY uuEJ,1iSSIGN Q
O EXPIRES
•.10/31/2012.•' G
��wfA LTH
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
GREIG D. W. AITKEN
TONIE M. WALLACE
fritte- 7/1
2010,
The foregoing instrument was acknowledged before me this, l day of January, 2010, by Greig
D. W. Aitken. ``,U11111*111
'A' SUE
C
P 99
NOTARY
J PUBLIC T
Registration No.:
Registration No.:
REG #24iU
N1YCOLH iFS31ON Q
0 EXPIRES
%.10/31/2012 O ma
H c;;
e t, viCALT 0
9,4 i o
My commission expires: 1 0 13 1 J i2
The foregoing instrument was acknowledged before me this i 1' d ay of January, 2010, by Tonie
M. Wallace.
_24 lo3f�
My commission expires: 1 0131 J a 01 a
NOTARY PUBLIC
Np, S lis c
NOTARY pj�
PUBLIC S
REG. #241338 1 MY COMMISSION
EXPIRES
E A LTH
NOTARY PUBLIC
Allowed Uses
Transnorrctiarr
REZONING R' QIJ P1 -149 R
Prrperty Identification .Nzsm be? .a7:^<-"i-'is.1), Fxcr
Es rvIzgist s::;
Pry"! o ft
P reliminaaitlaam
Pursuant to oc: icn 15.2 22 ^5 et gee of 'be code ofvirginic. 19.50, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning,
the under:1,4: ;_offers that in the event the Board of Supervisors of
Frederick f:oirnty. v iraiota, tall dyptcse Rezoning 03 FA' thi _zoning of
10.33 +1..) ices from Nrs Arn ARA Coning District io i3usii' ss sccal ("ii -2) Zoning
District 3'. :7;Et -ir. =a (HA) Overlay Zone. Dcvclepmeu of the subject property shall
be done in conformity with the tams and conditions set forth herein, except to the extent
that such -erns aaa conditions may be subsequently anten:.ec or revised by the applicant
and such 7pl_r-ve1 by the Frederick County i3oand of Supervisors in accordance with
Virginia law. In the event that such rezoning is not granted, then these proffers shall be
deemed w ildiawr. "id have no effect whatsoever.
The undersigned, that owns the above described property, hereby voluntarily proffers that
if the Bon:' ?•.r9. errisc.*s for the C c:nrr rf F: _deric1! t? -,'nia rpprovcs the rezoning for
the 10.33 (t-' -i .tares the w'tc -rs gnc: ::9
and ac sis :II" the site 5 lanning stage in accordance
with the Virginia Department of Transportation (VDOT) standardds.
Provide necessary Jr ud alzi4 Ruu:.:::. for roar! VDOT.
btuauces shall be iir tit.xi to tw o i u a_rci cr.iraxes onto Ru_'' f.td. All
entra^ces shall be constructed in accordance with VDOT standards and Frederick
County standards.
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 accessary to allowed business uses
Imprinrements to Leon Sew ersg y.;tera ?Owl
Frei( ule siailty-tyrw fencing along the parameter of die irtCa
pond that Artifices the 10.33 (+1-) acres.
Th coeditins proffered Jove shall be binding upon the heirs, executors, administrators.
>ti I in interest of the Applicant and Owner. in the even/ the Frederick
Bs of Supervisors grant said rezoning and accepts these conditions; the
prct7frrod erinlitions shall apf to other requirements set
frirtb :72 te Pr7derick riTunty2.
PROPERTY OWNER
iv.iiir;onary Servants ef the Most Holy ;Amity
t:Sitmat int
(Print' nernel 9 g A- kJ ej• r-e
Mte: _14th
STATE OF MARYLAND, Ar LARGE
MONTGOMERY Ct3LINTY, To-wk
The foregoing instrument was acknowledged before me this
REZONING REQUEST PROFFER
at 44 ti A #11:14
Etriirirr011&g Picitykt
Limit rim allowed business sign to one sign_ The sign shall be of monument-tyoe
construction and limited to fifty (50) square fzet :A th Cir a placard.
7 Ay ronnnission expima: j,,l 1 2
Notary Public:
Revised 12/05/2001 per Frederick Garrity S
and Nanning t...a1annsion
—111111C4I13.
71th day of December, 2001.
T3174_ P.03
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 #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 01/27/10 BOARD OF
SUPERVISORS MEETING:
This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic
Area (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.
Rezoning #06 -09 Jordan Springs Property
January 20, 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
Planning Commission: 01/06/10
Board of Supervisors: 01/27/10
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 (1 -IA) Overlay Zone
PRESENT USE: Historic and Commercial
ADJOINING PROPERTY ZONING PRESENT USE:
North:
South:
Zoned R4 (Residential
Planned Community) District
Zoned RA (Rural Areas) District
East: Zoned RA (Rural Areas) District
Zoned RP (Residential Performance)
West: Zoned RA (Rural Areas) District
Use: Vacant
Action
Recommended Approval
Pending
Use: Agricultural Residential
Use: Agricultural Residential
Use: Residential
Use: Agricultural Residential
Rezoning #06 -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 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 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.
Rezoning #06-09 Jordan Springs Property
January 20, 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 -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 /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.
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 #06-09 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 (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with
revised proffers for the I- listoric 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.
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 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 (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.
REZONING APPLICATION #06 -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 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 recommendation regarding this rezoning 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 #06 -09 Jordan Springs Property
December 18, 2009
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.
Planning Commission:
Board of Supervisors:
Reviewed
01/06/10
01/27/10
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
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:
Action
Pending
Pending
Vacant
Use: Agricultural Residential
Use: Agricultural Residential
Use: Residential
Use: Agricultural Residential
Rezoning #06 -09 Jordan Springs Property
December 18, 2009
Page 3
REVIEW EVALUATIONS:
Planning Zoning:
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.
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 witle 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 fcrststep necessary to
resolve the violations on the property.
Rezoning 406 -09 Jordan Springs Property
December 18, 2009
Page 4
2) Comprehensive Policv 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 /1-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 -1A 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:
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 (FIA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with
Rezoning #06 -09 Jordan Springs Property
December 18, 2009
Page 5
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 recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.