The URL can be used to link to this page

Home My WebLink About06-09 Proffer Statement110004294 REZONING: PROPERTY: AMENDED PROFFER STATEMENT 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 0 RECORD OWNER: Greig D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: November 3, 2009; Revised January 19, 2010, May 14, 2010 The Applicant hereby proffers that the use and development of the subject property ("Property"), as identified above, shall be in strict conformance with the following conditions, which shall be in addition to the proffers made and dated December 11, 2001 per that certain Ordinance Amending The Rezoning District Map, Rezoning #10 -01 of Jordan Springs dated December 12, 2001. In the event that the above referenced rezoning proffer amendment is not granted as applied for by the Applicant "Applicant this proffer shall be deemed withdrawn and shall be null and void. Further, this proffer is contingent upon acceptance of the proffer by a final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which Frederick County Board of Supervisors' "Board is contested, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The Applicant hereby proffers as follows: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 664 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 664. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses The applicants proffer to prohibit all uses on the Property that are otherwise allowed in the B2 General Business District except the following: Health Services 2. Legal Services 9. Residential uses which are accessory to allowed business uses. Respectfully submitted this STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Registration No.: VeqC My commission expires: 1 j2/,3( RO( 1 The foregoing instrument was acknowledged before me this W. Aitken. 7 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. 1 2010, GREIG D. W. AITKEN A NOTARY PUBLI MAUREEN A. GRILLO NOTARY ID 7123235 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 7011 J day of.May,'2010,by, Greig D. Respectfully submitted this Registration No.: My commission expires: 2010, TONIE M. WALLACE The foregoing instrument was acknowledged before me this day ofj, 2010, by Tonie M. Wallace. gfr Qt NOTARY PUBLIC MAUREEN A. GRILLO NOTARY ID 7123235 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2011 ray Registration Number: 1?3h81 Lo I My Commission Expires: l �l 2bl y I, Jay E. Tibbs, Deputy Clerk to the Board of Supervisors of the County of Frederick, Virginia, do hereby certify that the attached is a true and exact copy of AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06 -09 PROFFER REVISION OF JORDAN SPRINGS PROPERTY which was considered and adopted by the Frederick County Board of Supervisors at their May 11, 2011 meeting. Given under my hand this 17 day of May, 2011. (7 I Ja Tibbs, Deputy Clerk COMMONWEALTH OF VIRGINIA: CITY /COUNTY OF 'N i (rhessler to -wit: I, M p Ii 5sa f5c11)C a Notary Public in and for the City /County and State aforesaid, do hereby certify that Jay 13. Tibbs, Deputy Clerk Board of Supervisors of Frederick County, Virginia, whose name is signed above, acknowledged his signature before me this ll day of Mat i 2011, in City/County and State aforesaid. OT RY PUBLIC 107 North Kent Street Winchester, Virginia 22601 COUNTY of FREDERICK }1 r John R. Riley, Jr. County Administrator O 540/665-5666 Fax 540/667-0370 E- mail: jriley@co.frederick.va.us a`` S SP AN to tlt B cc, Ir, REGISTRATION NO. t 7368761 MY COMM. EXPIRES.' 01/31/2014 ti �'�F ViRGIN�P 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 PURes. 12 -1 1 0 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 IIistoric Area (I IA) Overlay Zone, was considered. The proffer revision dated November 3, 2009 and revised May 14, 2010, is intended to add permitted uses on the site. The property is located at 1 160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number 44 -A -294 and a portion of 44 A 294A. WHEREAS, the Planning Commission held a public hearing on this rezoning on fanuary 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. 1 This ordinance shall be in effect. on the date of adoption Passed this 1 1 tlt day ofMay, 201 I by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene I. Fisher Christopher E. Collins PDRes. °12 -I I Aye Aye Aye Absent Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye Johnt.,Riley, Jr� Fredetick County Administrator THE REZONED AREA IS DENOTED BY THE SOLID LINES SHOWING AN AREA OF 900 FEET BY 500 FEET WITHIN TAX PARCEL NUMBERS 44 -A -294 AND 44- A -294A ON THE ATTACHED 0 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 1445'00'00 "E 140.00' 1417'30'00 "W 250.00' 523 "W 297.00' BOUNDARY INFORMATION SHOWN HEREON /5 COMP /LED FROM EX/STING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL F/ELO RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. r'H /S SURVEY HAS BEEN PREPARED WITHOUT THE 3ENEF/T OF A TITLE REPORT. THEREFORE. THIS 'LAT MAY NOT INDICATE ALL ENCUMBRANCES ON "HE PROPERTY. WILDING LOCATIONS SHOWN HEREON ARE DETERM /NED "ROM AER /AL PHOTOGRAPHY AND ARE APPROXIMATE. HE EXISTENCE OF VEGETATED OR TIDAL. WETLANDS 'AS NOT DETERM /NED DURING THIS SURVEY. HE EXACT LOCAT /ON OR EXISTENCE OF UNDERGROUND T /LIT /ES WAS NOT ESTABLISHED DURING TH /5 SURVEY. r' r J n. m N6 O 589'18'0 s1" kri 514 "W 6 173.02' 1 m o;o N81'32'18 "E al,; 353.27' 0 589'18'd5 E 900.00 11 /j, p}1 O\ i "QO 119.00' fl o'' 1 0 0 N \C O f.i 5 63 502 "E °J 235.00 tm 05.00' 138.08' 3I 00 o O'O N 100 Z00 SCALE, r•/OO' 579'56'54 "E 351.88' 8110 N86'33'40 "E 445.08' 300 400 vIRGIMA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on e le at Z4 f and s∎ iih ccrtifi ackna.c ledaement thereto annexed was adnip to record. Fax imposed by Sec. 58.1 802 of tnd 58 1 -801 have been paid, if assessable. 9 Clerk 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 l l th day of May, 2011 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Christopher E. Collins PDRes. #12-11 Aye Aye Aye Absent Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye 4 John iley, Jr. Frede ick County Administrator REZONING: PROPERTY: 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 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone 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: RECORD OWNER: Greig D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: November 3, 2009; Revised January 19, 2010, May 14, 2010 The Applicant hereby proffers that the use and development of the subject property "Property"), as identified above, shall be in strict conformance with the following conditions, which shall be in addition to the proffers made and dated December 11, 2001 per that certain Ordinance Amending The Rezoning District Map, Rezoning #10 -01 of Jordan Springs dated December 12, 2001. In the event that the above referenced rezoning proffer amendment is not granted as applied for by the Applicant "Applicant this proffer shall be deemed withdrawn and shall be null and void. Further, this proffer is contingent upon acceptance of the proffer by a final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which Frederick County Board of Supervisors' "Board is contested, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 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 1 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Registration No.: 1473?qc My commission expires: 0/3(40 day of 2010, GREIG D. W. AITKEN The foregoing instrument was acknowledged before me this W. Aitken. day of. 9ay 2010, by Greig D. NOTARY PUBLI MAUREEN A. GRILLO NOTARY IDS 7123235 NOTARY COMMONWEALTH OF PUBLIC VIRGINIA MYCOMMISSION EXPIRES DECEMBER 31. 207 1 Respectfully submitted this Registration No.: My commission expires: j ca) 2010, TOME M. WALLACE J The foregoing instrument was acknowledged before me this/ I I day of Wallace, 1/ 2010, by Tonie M. NOTARY PUBLIC MAUREEN A. GRILLO NOTARY ID 7123235 NOTARY PUBLIC COMMONWEALTH Of VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2011 The Applicant hereby proffers as follows: 1 PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ #09- PROPERTY: Historic Jordan Springs Tax Map Parcels 44 -A -294 and 44- A -294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: November 3, 2009 The Applicant hereby proffers that the use and development of the subject property "Property as identified above, shall be in strict conformance with the following conditions, which shall be in addition to the proffers made and dated December 11, 2001 per that certain Ordinance Amending The Rezoning District Map, Rezoning #10 -01 of Jordan Springs dated Decemberl2, 2001. In the event that the above referenced rezoning proffer amendment is not granted as applied for by the applicant "Applicant this proffer shall be deemed withdrawn and shall be null and void. Further, this proffer is contingent upon acceptance of the proffer by a final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services Registration No.: My commission expires: IC) Respectfully submitted this day of Alic. /L -4 2009, C TY4 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: )933 Registration No.: My commission expires: 11 b l S I �,O 1 2 GREIG D. W. AITKEN TON E M. WALLACE NOTARY S�LiBeie 0 ��p SUE y� ',VOTARY r2 L J PUBLIC REG. #241038 MY 0 EXPIRES '•.10!3112012,:'• C STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this P-kday of November, 2009, by Greig D. W. Aitken. The foregoing instrument was acknowledged before me this 4 ,da of November, 2009, by Tonie M. Wallace. NOT RY PUBLIC 'NOTARY r J PUBLIC REG. #241038 Cp p 'ES es„ yvtALTh 4** �Ayl iRl!!,`