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Home My WebLink About06-09 Comments (2)August 16, 2010 RE: Jordan Springs Proffer Amendment Process Stephen L. Pettier, Jr., Esquire Harrison Johnston, PLC PO Box 809 Winchester, Virginia 22604 Dear Steve: COUNTY of FREDERICK E l RL COSY Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 I am in receipt of your letter dated August 11, 2010 in which you have withdrawn the Jordan Springs proffer amendment application; we have honored your request and closed the proffer amendment file. The request for application withdrawal was addressed in the first sentence of your letter, with the balance of the letter expressing your personal opinions with staff and the process leading to your application withdrawal. I respectfully disagree with your assertions regarding the Planning staff's treatment of your clients and the violations on the property. In fact, staff worked with your clients over the past 14 months in good faith to resolve the zoning use violations on the Jordan Springs property. It was staff's belief that had you not withdrawn the application at the last minute the proffer amendment was scheduled for action by the Board of Supervisors on the evening that you withdrew the application the zoning violations would have been resolved had the Board approved the amendment. Unfortunately, your request to withdraw the application has left the zoning violations unabated. I find it troublesome that you would submit correspondence containing inaccurate statements. The Planning staff did not develop the concept of an annual festival permit as you so stated. In fact, this approach was a Board of Supervisor member's suggested course of action, as reflected in the Board meeting minutes of April 14, 2010. The Planning staff did not draft the associated festival permit code amendment, review the submitted festival permit for Jordan Springs, nor offer comment on the Jordan Springs festival permit application as you have so stated. The Planning staff has no direct role in the festival permit process. The development and administration of the festival permit code is the responsibility of the County Administrator's Office. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 k1 Page 2 August 16, 2010 Stephen L. Pettier, Jr. RE: Jordan Springs Proffer Amendment Process It appears that you may not be fully appreciating the premise behind zoning zoning regulates land use. And a land use activity is not permissible unless permitted by the underlying zoning regulations. You assert that the hair salon was permissible based on the language of the "proposed proffer amendment submitted by my (your) clients in May 2010 You neglected to note that the proffer amendment had not been signed by the property owner nor approved by the Board of Supervisors, yet the proprietor of the salon sought a business license for her operation in June. The hair salon use was not permitted in June when the proprietor sought zoning approval as so stated by Planning staff in the notice of violation. As a representative on rezoning applications in the past, you should be well aware of the Code requirements that a property under consideration for rezoning not be delinquent in its real estate tax payments. Your statement that staff was acting "sua sponte" is once again inaccurate; staff was implementing County Zoning Code which states, "Every application for rezoning shall include proof that all property taxes due and payable to the County are paid and that no delinquent taxes are outstanding Planning staff has spent more than 14 months working with you and your clients to achieve zoning approvals to enable various activities not identified as permitted uses in the original proffered conditions approved by the Board of Supervisors in 2001. I was disappointed to read your personal perspective and characterization of the Planning staff's efforts towards assisting your client. Eric R. Lawrence, AICP Director, Department of Planning and Development cc: Greig Aitken Tonie Wallace, 1160 Jordan Springs Rd., Stephenson, VA 22656 Board of Supervisors ERL /bad HARRISON JOHNSTON, PLC 21 South Loudoun Stteet Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 Eric Lawrence, Planning Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Eric: August 11, 2010 Stephen L. Pettier, Jr. Facsimile 540.667.1312 pettler@harrisonjohnston.com Mobile 540.664.5134 In re: Proffer Amendment RZ #06- 09;Historic Jordan Springs; Tax Map Parcels #44 -294 and 44- A-294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone 1 am writing to withdraw, under protest, the above referenced proffer amendment application. This has nothing to do with the payment of real estate taxes— my clients will pay their real estate taxes in full today when they meet with Mr. Orndorff. The issue my clients protest is the process my clients have been forced to endure over the past year of operating their business in a limbo created by planning staff and the zoning administrator. Last year when the County issued a notice of an alleged zoning use violation at Jordan Springs, 1 communicated my clients' position that the use "Public Building" covered the uses my clients engaged in at the property. You disagreed. Rather than fight about this, and based on a planned course of action originating from the planning staff, my clients agreed to assist the County in coming up with specified uses for the property which would, in the staff' s opinion, cover the uses my clients have undertaken at the property for years now. This was done, at my clients' expense, and reviewed extensively by County planning staff and the County attorney. The proffer amendment was endorsed by the HRAB as a sensible plan to protect the historical integrity of the property, which, I remind you was voluntarily placed in an Historic Overlay zoning designation. The proffer amendment was then presented to the Planning Commission and recommended for approval with almost no comment. Things began to change when the Board of Supervisors then commented about their desire to more closely regulate events at Jordan Springs. This resulted in planning staff developing the concept of an annual festival pennit to regulate outdoor festivals at the property (which we insisted, and continue to insist, do not occur at the property there are events held outdoors, but none of which meet the criteria specified in the County ordinance regulating festivals). Again, having gone along with the process thus far, my clients attempted to accommodate the Board's concerns even though the process proposed by the County staff was recognized to be an over complicated and inappropriate approach. Letter to Eric Lawrence August 11, 2010 Page 2 My clients then expended more costs to participate in the process to amend the festival permit ordinances. At the ordinance amendment meeting it was discussed that my clients would only have to make an annual application for a permit rather than on an event by event basis as the events are not always scheduled far enough in advance to permit case by case review. This was recognized by the County attorney and other participants at the meeting and, despite this, the annual permit ordinance was passed requiring my clients to make an initial application for a single event festival permit as a prerequisite for obtaining an annual permit. Again, my clients attempted to "go along to get along" rather than spend resources pointing out all of the obvious inadequacies and faults with the approach the County was taking to this issue. My clients made their application for a one -time festival permit for an event in September (the next expected event which may— weather permitting— be held outdoors), only to be criticized in their application for not being specific enough about an event which has not yet occurred. Specifically they were criticized for not having an inspection of the tent which will be erected for the event in the future, and which cannot occur in advance. My clients thought they were in a scene from "Catch -22." At about this same time, my clients were issued a notice of another purported zoning violation because a woman who performs on -site beautician services and who has an arrangement with Jordan Springs where her independently contracted services are advertised to users of the Jordan Springs property, made application for a business license and used the Jordan Springs address as her place of business in the County. This woman, who we understand provides on -site services all over northern Virginia and D.C., was apparently instructed to use the Jordan Springs address by someone at the Commissioner of Revenue's office since she acknowledged she would (hopefully) be doing business on -site there. The advice apparently provided by the Commissioner of Revenue s office was given without an understanding ofthe woman's business or the nature of her relationship with Jordan Springs. Further, as I previously communicated to the staff, the room with the sinks and hair dryers which has been at the property for some time is the room which brides are provided to prepare for weddings. It is also used by other performers and users of the facility as a "green room." It is part of the facility, an amenity offered to all users, and to suggest that a "beauty salon" is operated at the property is without any factual basis. What makes the issuance of the second purported zoning violation so peculiar is the fact that the language of the proposed proffer amendment submitted by my clients in May, 2010 addresses these types of adjunct services at the property and was approved by the County attorney. The issuance of the purported violation letter, combined with the staff's mis- guided attempts to "clarify" whether the use of this property by my clients meets the "Public Building" zoning existing for the property, seem to indicate that the County does not want to assist my clients in their attempt to foster a successful business which will generate the revenues necessary to preserve this unique, historic Letter to Eric Lawrence August 11, 2010 Page 3 property. Rather, the actions of County staff indicate a misguided bureaucracy. My clients have repeatedly agreed to the increasingly misdirected proposals from staff. My clients feel as if they have given in to each demand/suggestion from staff, only to then be presented with a request for more concession— and then more concessions. This is an almost comical stereotype of bureaucrats run amok— comic except when it happens to you. The culmination of issues for my clients occurred over the last few weeks. Immediately upon receipt of the notice about the beauty salon, I communicated with planning staff. To date, 1 have not received a response to my communication or a telephone call, as requested, to discuss the matter. Further, the comments received to the outdoor festival permit submitted by my clients were immediately followed -up by my clients. They contacted the health department and fire marshall to discuss the issues raised in the County attorney's comments submitted by planning staff in response to the application. It is my understanding that the health department and fire marshall did not know what to make of the staff's comments although the comments suggested the participation of the departments were to be integral to the permit process. We discussed this at the ordinance amendment meeting— how the departments would know what was going on— and I was told all the departments would be doing is be made aware that the event was occurring in order to be prepared to respond to issues that may arise as a result of the event. It seems the departments do not care to know even this. The issue of the unpaid real estate taxes also complicated matters, but the issue is moot given my clients payment— another hardship endured in the limbo ofzoning use created by an idle planning staff acting sua sponte and without receiving any complaint from anyone about the propriety of the use of the property vis a vis its zoning designation. For all these reasons my clients have re- evaluated their decision to help the staff "clarify" the zoning uses permitted at Jordan Springs. In light of the process so far, the fact that the property is zoned for use as a Public Building, and the fact that Belle Grove engages in the same sorts of uses at its location in Frederick County, my clients have decided to stick with their original position that their use of the property complies with its zoning. As such, no proffer amendment is required and the application is withdrawn. It is unfortunate that what started out as a "friendly" proffer amendment instigated by staff has now lead to over one (1) year of proceedings and tens of thousands of dollars in expenses incurred by my clients. This process should be a lesson to everyone involved about the where the undirected energies of bureaucrats can lead. Letter to Eric Lawrence August 11, 2010 Page 4 Please feel free to contact me with any questions or comments. I am Very truly yours, /s /Stephen L. Pettier, Jr. Stephen L. Pettler, Jr. SLP /sp cc: Board of Supervisors (via email) Clients (via email) HARRISON JOHNSTON, PLC 21 South toudoum Street Winchester, rginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 July 14, 2010 Eric Lawrence, Planning Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 In re: Proffer Amendment RZ #06- 09;1 listoric Jordan Springs; Tax Map Parcels #44 -294 and 44- A -294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone E ric: Enclosed please find an Amended Proffer Statement in the above referenced matter. Please contact me with any questions or concerns. With kind regards, I am Attachment cc: Clients Stephen L. Pettier, Jr. Facsimile 540.667.1312 perrlcr@harrisonyohnston_com Mobile 540.664.5134 E l JUL 1 4 2010 NTY -a. ^1T August 7, 2009 Ms. Toni Wallace Historic Jordan Springs 1160 Jordan Springs Road Stephenson, Virginia 22656 RE: Special Event Uses at the Jordan Springs Property Property Identification Number (PIN): 44 -A -294 1160 Jordan Springs Road Zoned: B2 with proffers Historic Area Overlay Dear Ms. Wallace: As a follow -up to our discussions and correspondence in early June regarding the use of the Jordan Springs property for special events, the Planning Department staff has communicated with the Virginia Department of Transportation (VDOT). Our discussions with VDOT indicate that the potential transportation modifications necessitated by the special events on the site might include the widening of the Jordan Springs entrance to allow for use by larger vehicles such as limousines. There would not be off-site transportation impacts to be mitigated as a result of the proffer amendment to enable the Special Events. Presuming that you do intend to continue to host special events on this property, resolution of the zoning violation is necessary. Therefore, as noted previously, it is expected that you will make application by September 1, 2009, for a proffer amendment, or other means you might wish to pursue, to facilitate the Special Events as a permitted use on the property. I am available should you have questions. Eric R. Lawrence, AICP Director, Department of Planning and Development cc: John R. Riley, Jr., County Administrator Lloyd Ingram, VDOT- Edinburg Residency Paige Manuel Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Eric Lawrence From: Steve Pettier [pettler @harrison- johnston.com] Sent: Friday, August 20, 2010 1:08 PM To: rshickle @shentel.net; cdehaven @crosslink.net; Eric Lawrence; garydove4 @comcast.net; gary@garylofton.org; chris @collins4redbud.com; gfisher @visuallink.com; supervisorewing@yahoo.com Cc: Maureen Grillo Subject: RE: Proffer Amendment RZ #06- 09;Historic Jordan Springs; Tax Map Parcels #44 -294 and 44- A-294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Attachments: Letter 100820 to Eric Lawrence .pdf Please see the attached letter. Stephen L. Pettier, Jr. HARRISON JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e -mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination. distribution, or reproduction of this e -mail, including attachments, is prohibited and may be unlawful. Thank you. From: Steve Pettler Sent: Wednesday, August 11, 2010 12:16 PM To: Richard Shickle (rshickle @shentel.net); cdehaven @crosslink.net; elawrenc @co.frederick.va.us; garydove4 @comcast.net; gary@garylofton.org; chris @collins4redbud.com; Gene E. Fisher (gfisher @visuallink.com); Bill M. Ewing (supervisorewing @yahoo.com) Cc: Maureen Grillo Subject: Proffer Amendment RZ #06- 09;Historic Jordan Springs; Tax Map Parcels #44 -294 and 44 -A -294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone Please see the attached correspondence. 1 HARRISON JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 VIA EMAIL Eric Lawrence, Planning Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Eric: August 20, 2010 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pertler@harrison-johnston.com Mobile 540.664.5134 In re: Proffer Amendment RZ#06- 09;Historic Jordan Springs; Tax Map Parcels #44 294 and 44- A -294A; 10.33 Acres Zoned B2 (Business General) and Historic Area Overlay Zone This letter is in response to your August 12, 2010 letter. My letter of August 11, 2010 does not contain inaccurate statements. It accurately reflects my client's experience with the Planning Department staff. You will recall that in late April (I believe April 29, but my calendar is unclear), after the April 14 hearing before the Board of Supervisors, my clients and I met with you, Jay Tibbs, Mark Cheran and Chuck DeHaven at your offices. Most of the discussion involved issues relating to how an annual festival permit scheme could be structured in conjunction with my clients' proposed proffer amendment. In my mind, planning staff most certainly participated in "developing the concept of an annual festival permit to regulate outdoor festivals at the property" as stated in my August 11t letter. I suggest you confer with Mr. DeHaven to confirm his recollection of our discussions at that time. I also note that Mr. Tibbs attended both the April meeting and the Ordinance Review Committee meeting on June 16, 2010. Further, I and my clients do fully appreciate the premise behind zoning. The property is zoned to allow it to be used for "public buildings." Your staff has candidly admitted that they are unclear about what such a use includes or circumscribes. If Historic Jordan Springs does not constitute a "public building it is open to anyone in the general public for use for a fee— then the term must be completely meaningless. Perhaps you mean to suggest that the County adopted a completely meaningless ordinance when it amended the zoning at the property and expressly permitted this use in 2001. I do not believe this is the case. Additionally, nowhere in my August 1 1t letter do I suggest "that the hair salon was permissible based on the language of the "proposed proffer amendment submitted by my (your) clients in May 2010." What I stated was, there is no hair salon at the property. It appears that your staff is suggesting that a property owner cannot even have such things as hair dryers and sinks in a room or Letter to Mr. Lawrence, August 20, 2010 Page 2 else it will be considered to be a salon. If someone has a massage chair at their business premises and lets people use it, does that mean they are running a massage parlor? The point of my letter in this regard was that my clients diligently complied with request after request from the staff. The proffer amendment proposed was intended to address all of the concerns staff had raised, no matter how far fetched my clients thought they were, and to address all ancillary issues that might arise in the future. That was why, after our discussions as a group, the language in the proposed proffer amendment— which was signed by my clients and delivered to you in July unchanged from the draft we circulated for discussion in May— included the catch -all "all uses related and accessory to the production, occurrence and post production of such events and the provision of services customarily associated with the occurrence of such events and miscellaneous personal services." For staff to have endorsed this language after consultation with the County Attorney, and then write up my clients for an alleged violation which fits within that term indicated to my clients that the staff was not working toward a friendly clarification of an ambiguous zoning classification. This circumstance was particularly irksome because there is no beauty salon being operated at the property. The timing of the alleged violation proximate to the hearing on the rezoning application and staffs failure to respond to my requests to discuss it gave my clients a great sense of unease. 1 note you do not address the fact staff failed to respond to my request to discuss this matter in your correspondence. Finally, you misread my letter when you suggest I objected to the planning staff acting sua sponte when the issue of the tax payments was raised. The tax issue was, as 1 stated, was moot. The sua sponte act to which I referenced was the decision to declare a zoning violation at Jordan Springs in the first place, without any outside instigation or any complaints to staff about improper uses at the property. I had been told in the past that staff only investigates use violations after receiving complaints. Apparently this was not the case with regard to my clients. My clients are not in violation of any zoning limitation at the property. I hope the County will allow them to continue to make a go of their operations at Jordan Springs and their commitment to preserve its historic character. Please contact me if you have anything further you wish to address regarding my clients. I am Very truly yours, /s Stephen L. Pettler, Jr. Stephen L. Pettier, Jr. SLP /sp cc: Clients Members of the Board of Supervisors Eric Lawrence From: Eric Lawrence Sent: Friday, October 02, 2009 1:13 PM To: 'Steve Pettier; Mark Cheran Cc: Tonie Wallace Subject: RE: Jordan Springs Rezoning Proffer Amendment Hi Steve. Thank you for the opportunity to review the draft proffer statement. I would offer three comments, followed with a potential resolution. First, the original proffers for the site were made and dated December 11, 2001; the rezoning application and associated proffer statement was approved by the Board of Supervisors December 12, 2001. It is suggested that the dates in the preamble be clarified. Second, the additional permitted uses are consistent with our discussions last week (9/25/09). Third, I forwarded the draft proffer to the County Attorney Rod Williams- so that he could review the legal form of the proffers. Mr. Williams believes that the drafted amendment language may be somewhat cumbersome, more so than necessary. A suggested resolution to clarify the permitted uses on the property is to simply restate the original proffer statement, pertaining to the permitted uses, and include the four additional uses in the list. See suggestion below. Let me know if additional discussion is warranted. If you are comfortable with the above comments, please incorporate the comments and execute the proffer statement. One the proffer is executed, submit it to me so that we might complete the proffer amendment application package. ...based on our 9/25/09 discussion, we'll take the revised, executed proffer to the HRAB on November 17 to seek their comment /endorsement on the proffer as well as a parking strategy. Thanks -Eric DRAFTED AMENDMENT AS PROVIDED TO THE COUNTY The Applicant hereby proffers as follows: In addition to the uses proffered on December 12, 2009, the Applicant also proffers to limit the use of the Property within the Historic Area Overlay Zone to following uses: (1) Museums; (2) Eating and drinking places; (3) Exposition operations; and (4) Theatrical Producers and Miscellaneous Theatrical Services. SUGGESTED LANGUAGE TO IMPROVE EASE OF INTERPRETATION The applicant hereby proffers as follows: 1 Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services From: Steve Pettier [mailto:pettler @harrison johnston.com] Sent: Tuesday, September 29, 2009 4:58 PM To: Eric Lawrence; Mark Cheran Cc: Tonie Wallace Subject: Jordan Springs Rezoning Proffer Amendment Gentlemen: Attached please find the revised proposed proffer amendment per the discussions we had on September 25, 2009. Please review and comment before I submit to my clients for execution. I believe this comports with the uses we discussed and which were referenced in the SIC manual we reviewed at our meeting. I look forward to your comments. Stephen L. Pettler, Jr. HARRISON JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e -mail, including attachments, is prohibited and may be unlawful. Thank you. 2 Eric Lawrence From: Steve Pettier [pettler @harrison johnston.com] Sent: Tuesday, September 29, 2009 4:58 PM To: Eric Lawrence; Mark Cheran Cc: Tonle Wallace Subject: Jordan Springs Rezoning Proffer Amendment Attachments: Proffer Statement SLP090929.doc Gentlemen: Attached please find the revised proposed proffer amendment per the discussions we had on September 25, 2009. Please review and comment before I submit to my clients for execution. I believe this comports with the uses we discussed and which were referenced in the SIC manual we reviewed at our meeting. I look forward to your comments. Stephen L. Pettler, Jr. HARRISON JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Tel. 540.667.1266, Ext. 26 Fax 540.667.1312 Mobile 540.664.5134 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e -mail, including attachments, is prohibited and may be unlawful. Thank you. PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ #09- PROPERTY: Historic Jordan Springs Tax Map Parcels 44 -A -294 and 44- A -294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Grieg D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Grieg D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: September 29, 2009 The Applicant hereby proffers that the use and development of the subject property "Property as identified above, shall be in strict conformance with the following conditions, which shall be in addition to the proffers made and dated December 12, 2001 per that certain Ordinance Amending The Rezoning District Map, Rezoning #10 -01 of Jordan Springs dated Decemberl2, 2001. In the event that the above referenced rezoning proffer amendment is not granted as applied for by the applicant "Applicant this proffer shall be deemed withdrawn and shall be null and void. Further, this proffer is contingent upon acceptance of the proffer by a final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' "Board decision granting the rezoning may be contested in the appropriate court. if the Board's decision is contested, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The Applicant hereby proffers as follows: Respectfully submitted this day of 2009, 1 In addition to the uses proffered on December 12, 2009, the Applicant also proffers to limit the use of the Property within the Historic Area Overlay Zone to following uses: (1) Museums; (2) Eating and drinking places; (3) Exposition operations; and (4) Theatrical Producers and Miscellaneous Theatrical Services. [SIGNATURES ON FOLLOWING PAGE] STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Registration No.: My commission expires: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Registration No.: My commission expires: 2 GRIEG D. W. AITKEN TONIE M. WALLACE The foregoing instrument was acknowledged before me this day of September, 2009, by Grieg D. W. Aitken. NOTARY PUBLIC The foregoing instrument was acknowledged before me this day of September, 2009, by Tonie M. Wallace. NOTARY PUBLIC September 15, 2009 Ms. Candace Perkins HRAB, Staff Contact 107 North Kent Street, Suite 202 Winchester, VA 22601 -5000 RE: Historic Jordan Springs Dear Ms. Perkins: Respectfully, GDWA /TMWA:Im Circa 1600 Historic Jordan Springs Event Cultural Centre Greig D. W. Aitken and Tonie M. Wallace Aitken Formerly Historic Jordan Springs Hotel and Monastery of the Missionary Servants of the Most Holy Trinity 540.667.7744 www.HistoricJordanSprings.com 116o Jordan Springs Road Stephenson, VA 22656 Thank you for the opportunity to present the attached information regarding our distinct property, Historic Jordan Springs. We submit this for your review and to give you a sense of how precious this property really is to us and the County. We are excited about our future and respectfully submit our request to amend our proffer for your consideration, but did not want to do so without your having a true sense of our history. I cannot emphasize enough how seriously we take the responsibility of caring for what we believe is the `diamond' of Frederick County and the Commonwealth of Virginia. When we first purchased the property in 2001, we had an idea of the importance of the property and placed the first and only historic overlay in the Commonwealth of Virginia. Now that we have had the distinct honor of owning Historic Jordan Springs for eight years, we have really come to an even more passionate position. The improvements have been extensive, not to mention costly, but we know that everything we have done is the right thing to preserve our history. We do have a general confusion as to the objectives of the proffer amendment and realize the awesome responsibility of the necessary language for an ordinance governing historic properties, and, therefore, we would ask that this matter be tabled while we work through all of that, but more to allow time for the entire Board to plan a site visit to the property to realize the true sense of the importance of why we request a non conformance exemption. We are truly grateful to get before the HRAB because we are confident you will clearly understand why we are so very passionate about our property and the importance of protecting it. Thank you for your consideration of our request for more time while we work through the language and the vision for Historic Jordan Springs. Tonie M. Wallace- Aitken, President and CEO TonieWallace@HistoricJordanSprings.com 877. Memorandum To: Candice Perkins, Senior Planner, Frederick County From: Richard Bell, President, Preservation of Historic Winchester (PHW) Date: 14 September 2009 Re: Historic Overlay (HA) Zone As you meet with the Historic Resources Advisory Board I would like to offer the following in support of your efforts: Preservation of historic Winchester (PHW) is a membership advocacy organization that "exists for the purpose of safeguarding the heritage of the Winchester and Frederick County community and for assuring a quality of life for tomorrow represented by the best of the area's past. To the end that this goal may be encouraged among the people, and the charm of their community maintained and improved, this organization shall, through a program of education, enlist support for and participate in the preservation, restoration and ownership of sites, buildings, structures, and objects significant to the cultural, social, political, economic, and architectural history of the Winchester, Virginia area." This is directly from the Mission Statement of the organization. The purpose of this letter is to lend our support in your efforts to further define and refine the county Historic Area Overlay Zone (HA). This is clearly within the mission of our organization. PHW is often viewed as synonymous with the City of Winchester historic district or the Board of Architectural Review (BAR) that is appointed by Winchester city council to administer their local historic district. While we may have similar goals relative to Winchester's very specific local historic district our vision is more global in scope. One of the biggest challenges of our organization is in addressing the misleading and poorly characterized information that is circulated about preservation efforts in general. Recent articles and editorials in the local press about the Winchester BAR as well as the potential of establishing an historic district in Middletown clearly show the need for our continued education and advocacy for preservation issues. The efforts of preservation through zoning are no different than the underlying principal of zoning itself, a generally accepted norm, and not unlike the requirements of other community oversight tools such as uniform building codes, fire and life safety codes, site planning and transportation design guidelines and the many other layers of community level management. This is where the larger community establishes what is important, requiring oversight and some level of regulation. Those who will most strongly resist oversight or the establishment of an historic district would also resist the other layers of community management already in place and generally well accepted for the overall well- being. Your efforts can establish an overarching philosophy of what is important and necessary for the protection of our community resources for generations to come. While as individuals we may be all well intentioned it is not reasonable to expect that we will all make decisions that are best for the community at large. It is human nature to think of self first particularly when it comes to major commitments of personal resources (our time and money); primarily with our investment in our real property (our buildings). In our community, with existing efforts to manage safety, access and efficiency of our community infrastructure, it is reasonable to expect that we should also manage our aesthetic and our cultural resources. They are not only a representation of a community's identity but also have a large positive impact on an area's economy and are the foundation of our distinctiveness. Just as the City of Winchester is actively evaluating its historic district guidelines Middletown is determining what is important and worth protecting under its own unique sensibility. Each community has the right and the responsibility to evaluate and enact protection of what it feels is important. Preservation efforts help to focus a community to avoid reactionary changes or approaches where community resources can be permanently lost. Most who drive through Middletown will agree there is a charm and character that is economically attractive and worth preserving. It is only through introspection and dialogue that a community can identify what is the basis of that charm and the strength of that character. We encourage this active dialogue and offer our resources in their efforts to preserve what is important. Building codes have been around for but a century and zoning has only existed since the 1920s yet these are considered as normal and customary means of community management. Preservation efforts in the U.S. have been around for just as long and even longer and yet have a much harder time being accepted. The challenges in establishing a community preservation effort are in the details. The establishment of design guidelines, as well as organizational policies and procedures will lead to the greatest success of this community management tool. These should help to guide property owners through the process of property repairs and maintenance, additions to existing buildings as well as total rehabilitation projects and even new construction so as to be sympathetic to the established aesthetic. A community aesthetic can disintegrate quickly or over a period of years but once it is clearly damaged by inappropriate efforts it is difficult, if not impossible to regain. The Historic Resources Advisory Board is established to be that voice of the greater community. PHW is a resource to the Winchester and Frederick county community in efforts to preserve and maintain our area cultural resources and our community aesthetic. We support economic development through such efforts and offer resources to assist in making educated and appropriate decisions for a well managed community. We have too much at stake to allow the further erosion of our cultural foundation. Eric Lawrence From: Tonle Wallace [TonieWallace @advlegaltech.com] Sent: Thursday, September 10, 2009 1:50 PM To: Eric Lawrence; Steve Pettier Cc: greigaitken @historicjordansprings.com Subject: RE: FYI- HRAB September 15, 2009 Meeting Hi Eric, Thank you for the information and all your guidance. Please know that we will be present for the meeting and I am presently working on packets to provide the Board. I look forward to seeing you and working with you. Regards, Tonie Tonle M. Wallace, Owner, CEO, RPR, CCR, CME Historic Jordan Springs, LLC. 1160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX www.HistoricJordanSprings.com I TonieWallace@historic ordans.ri Please visit our Websites to learn more about our services and products: www.advlegaltech.com www.syncvideo.com www.courtreportingconsultants.com www.countvcourtreporters.com www.reportersgroup.com www.marvlandreporting.com This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. if the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is STRICTLY PROHIBITED. if you have received this communication in error, please notify us immediately by telephone and return the original message to us at Historic Jordan Springs, 1160 Jordan Springs Road, Stephenson, VA 22656 via U.S. Postal Service. THANK YOU. r From: Eric Lawrence mailto :elawrenc @co.frederick.va.us] Sent: Thursday, September 10, 2009 12:07 PM To: Steve Pettier; Tonie Wallace Subject: FYI- HRAB September 15, 2009 Meeting Hi Tonie and Steve. Attached is the agenda for the HRAB meeting on Tuesday, September 15 We hope to use the meeting to capture a supportive comment for the proffer amendment, as well as work towards establishing parking standards that might be more appropriate for historic properties. We trust you will participate in the meeting and offer input on both issues. Thanks. -Eric 2 Eric Lawrence From: Sent: To: Subject: Hello Steve- Eric Lawrence Wednesday, September 02, 2009 1:05 PM 'Steve Pettler'; Tonie Wallace- Aitken; Greig Aitken Jordan Springs proffer amendment I did receive the proffer amendment application yesterday, September 1, 2009, for Jordan Springs this submission was necessitated to remedy a zoning violation on the property which involved various special event activities that were not permitted by the property's current proffer statement. A few items do still need to be submitted as part of this application, and should be provided to the Planning Department no later than September 15, 2009 so that we can deem the proffer revision application submission complete. These remaining items include: A statement verifying that taxes have been paid for the property. Via voicemail, you indicated that the property owner had paid their taxes and that the property was in good standing, and that the owner would be submitting the receipt to me; As of the writing of this e -mail, I've not received the taxes paid receipt. A revised proffer statement, appropriately executed by the property owner and notarized. This could be accomplished by restating the previously approved proffers (circa 2001) and adding the proposed use revisions. This proffer statement must comply with applicable legal format requirements, and gain the County Attorney's approval regarding format. A survey /plat depicting the parcel to which the revised proffer statement would apply. (The existing proffer statement applies to only a 10 -acre portion of the entire 220 -plus acre Jordan Spring property holding. The plat submitted on September 1, 2009 depicts the entire 220- plus acre parcel.) I would also note that the County's Historic Resources Advisory Board (HRAB) will provide an agency review of the revised proffer statement request at their September 15, 2009 meeting. It is expected that a representative of Jordan Springs be present during the HRAB meeting to address any concerns, and gain the support, of the HRAB. As previously noted in correspondence to Tonie Wallace, the HRAB will be considering draft design guidelines applicable to properties located in the Historic Area Overlay (which would apply to the 10 -acre historic Jordan Springs site). These guidelines are intend to accommodate site improvements, but under standards that are more appropriate for historic properties. A good example of one aspect of the design guidelines might be a parking area surface requirement other than bituminous concrete (asphalt). The HRAB will be discussing the draft guidelines during their September 15, 2009 meeting, and encourage Jordan Springs' participation. Please contact me should you have questions. Thank you. Eric Lawrence Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 665 -5651 540- 665 -6395 (fax) elawrenc(a�co.frederick.va. us http://www.co.frederick.va.us/Planninq vvww.co.frederick.va.us 1 Eric Lawrence From: Eric Lawrence Sent: Thursday, August 27, 2009 12:13 PM To: 'Steve Pettler'; Tonie Wallace- Aitken Cc: Mark Cheran Subject: Jordan Springs Steve- Per our telephone conversation earlier today regarding the special event activities at Jordan Springs, and the proper course to remedy the violations of the proffer: I've spoken to Mark Cheran regarding what a "Public Building" is Mark stated that public buildings are government utilized buildings such as fire stations, animal shelters, general government offices, etc. Based on my understanding of what Tonie would like to see at Jordan Springs (weddings, concerts and performances, holiday gatherings, and other special events), I would suggest that these special event uses could be accommodated in Restaurants, SIC 58; Theatrical Productions, SIC 7922; and Hotels, SIC 70 should the facility ever seeks to accommodate overnight guests. Securing a revised proffer to enable Restaurants and the Theatrical Productions is necessary to bring the site into compliance with the proffer. It is also worthy to note that parking to accommodate these uses is required. As I mentioned to Tonie, the HRAB is prepared to draft parking lot/surface guidelines for the Historical Areas Overlay District, in which Jordan Springs is located. I would encourage the Jordan Springs representatives, following the filing of the proffer amendment by Sept 1, to submit a letter requesting any specific parking lot standards that might be appropriate for historic sites such as Jordan Springs. The HRAB could work to incorporate such standards into a code amendment during their September 15th meeting. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 665 -5651 540- 665 -6395 (fax) elawrencna.co. frederick.va. us http://www.co.frederick.va.us/Planninq www.co.frederick.va.us 1 Preliminary Matters REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Pursuant to Section 15.2 -2296 et. seq. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #10 -01 for the rezoning of 10.33 +1 -1 acres from Rural Area (RA) Zoning District to Business General (B -2) Zoning District and Historic Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 acres the undersigned will: Transportation Allowed Uses Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. 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 _ft/sr:70ml cry 7X19, (tikolW art S ipn age Date: REZONING REQUEST PROFFER Property Identification Number 44 -((A)) -294 Stonewall Magisterial District Page 2 of 2 Limit the allowed business sign to one sign. The sign shall be of monument -type construction and limited to fifty (50) square feet in size or a placard. Off -site Improvements to Lagoon Sewerage System Pond Provide security -type fencing along the parameter of the lagoon sewerage system pond that services the 10.33 acres. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Missionary Servants of the Most Holy Trinity By: (Signature) (Print name) Jordan Baxter, S. T. STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of December 2001 by: My Commission expires: Notary Public: Transnor.ttio.+ Allowed Iisev REZONING RE. (TEL 1 PRO F .r' 1 Prrperty identification iv:::;.bee a.z k. V ?qt atu.rcn»i Mzgis:.s: 7 ..iftitrict Przt o f? Preliminary t f Pursuant to Sc.cinn 15.2 -2 P'- sew of :be code ofvirg.nic. IPSO, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the under;:,;__. ^_t ter_' ;_offers that in the event the Board of Supervisors of Frederick C:ocra v. Vira; ua, gild; apy,o Rezoning Applicaiu.: l J_C'- far tha ;tzoning of 10.33 +1..) 3.-°s from Yir .A_re.3 tRA Lnninz l3istrici io iiusit,ass vencc.l (3-2; Zoning District (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such •errns awi conditions may be subsequently amen:sc or revised by the applicant and such �pl.nve- by the Frederick County Board of unervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed ;4i:bd. have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Baud r.f irperriscn for the C-c r rf .Frederick ;inia pproves the rezoning for the 10.33 r*'..} t :res the urdc rs.:gnr: a: Ccudt. de ='ed r_ ff e i t: ,■nd ai:::sis st The; si'-s plartning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necc sary right :]f v. a,' ai:fup :or road _cl:rov_ n:.:t_ is VDOT. Elfin aucts shall be iir:vt, i m ttti a (3) u 1_tcL i u:t:._zees ontc &44. All ent-2 ^ces shall he 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 accessory to allowed business uses D LE: 2/'i yiEt tilt Dgte: REZONING REQUEST 'PROFFER STA.TE OF M. kRYLAND. AT LARGE MONfOOME COUNTY, To-wit: ,vuv CnmTr e7ip;CES: July 1 2 Notary Public: Revised 12/05!2001 per Frederick County S +r __.a__ v, dA /I 104 c`.l im irlf1 .tterSJ Oi?trhtt Lt:; `.'ac allowed business sign to one align. The sign shall be of monument -type construction and Limited to fifty (30) square fat :a s or a placard. rr:lmprn'cments to Lewp2 Srwerae Sntuu P;x3 Prove;1e ;:�tr';ty -tyre fencing along the parameter of the hi ou pond that services the 10.33 +J acres. T r. conditiens pr_ffeted above shall he binding upon the heirs, executors, administrators, erfr Inr/rcnnn in interest of the Applicant and Owner. in the event the Frederick ELrz of Supervisors grant said rezoning and accepts these conditions; the pr:f d er,.nrli^ers shall anF. i- to other requirements set f e Fr" derick Ccunty �r PROPERTY OWNER ir:i t ovary texn ante ei the Mast Holy T °irs ty By: (Si 1;t 5 r -t ea (Print nmel g ft O f ►r Zc r-e 2 .__L2 L The foregoing instrument was acknowledged before me this 11 t h and Planning l,aimn lion L.uuunuus. day of December, 2001. TJTFRL P.03 7 -0 c S ANA I A _cAyrc -L; Eric Lawrence From: Sent: To: Subject: nx,. %tam Hi roric Jordan Springs Event Cultural Centre Historic Jordan Springs newsletter ©historicjordansprings.com] Monday, August 31, 2009 3:49 PM Eric Lawrence Historic Jordan Springs Ballroom Dancing Classes start this Thursday! Trofe riotuari met.ors ;.4‘'NkvnwS\earoii'c ¶Iara Cl.Weil/ o A lDance is Band 540.667.7744 www.gfistoriciorian.Springs.com If you wish to be removed from our mailing list, please click here In order for us to promptly process your request. please do not change the subject of the email. Eric Lawrence From: Sent: To: Subject: Historic Jordan Springs newsletter @historicjordansprings.com] Tuesday, August 25, 2009 4:58 PM Eric Lawrence Paranormal Dinner Investigation -This Saturday at Historic Jordan Springs INVESTIGATION Dinner and a Paranormal Experience PART 8 6:30 pm 7:00 pm 7pm- 8:15 pm 8:15 pm 9:00 pm 9:oo pm moo pm 11:0o pm -11:30 pm 11:3o pm 1:30 am 1:30 am 2:00 am Attire: Casual Bar Service: Cash Bar Re istration Form Cocktail Reception in Pub Dinner in Carriage House Presentation of Evidence First Leg of Investigation Debriefing Second Leg of Investigation Debriefing DINNER MENU 1 Read The Star Attic Listen to SV Radio J Y Visit the th fit l I 1 1 Slow Roasted Beef Brisket with Barbeque Sauce Grilled Chicken with Corn Salsa Cole Slav Roasted Seasonal Vegetables Fresh Garden Salad with Local Tomatoes Fresh Baked Rolls Chef's Choice of Signature Dessert Prepaid Reservations Required *Tickets: 540.667.7744 or 877.837.8313 $60.00 per person 2 hour Investigation $90.00 per person 4 hour Investigation *Ticket prices do not include tax or gratuity PARTS 1, z, 3, 4, 5, 6 and 7 sold out, so don't miss this chance to be a part of the actual investigation in PART 8! Cocktail Reception begins at 6:3opm, followed by Din ner and Presentation on the findings from Investigation PART 6. Investigators will discuss their authentic evidence of the paranormal activity at Historic Jordan Springs and invite you on actual investigations. This Investigation is another in the year long investigation seeking genuine evidence insuring that it is legitimate, researched and analyzed before presenting it in a filmed documentary and book for the general public. This is the first of its kind. Ticket Prices include Dinner, Presentation Investigation. If you wish to be removed from our mailing list, please click here In order for us to promptly process your request, please do not change the subject of the email. Eric Lawrence From: Historic Jordan Springs newsletter ©historicjordansprings.com] Sent: Monday, August 17, 2009 1:42 PM To: Eric Lawrence Subject: Only 5 More Days Until the Nephew of Actor Jack Palance- Nick Palance- is in Concert! Ctaca 1600 Hi storic Jordan Springs Event Cultural Centre There is still time to get tickets to see Nick Palance Live in Concert! Choose from Concert Only, Concert Dinner, or Concert, Dinner Paired Wines ticket levels. Get your tickets now while there are still seats available! Reserve your tickets today! Oti ic airedwvitti-Italian %Mine; .Con 30 pm 5 2er W 'Jordan: Sfi 's, 0 (I Disclaimer: Although every effort is made to ensure the accuracy of descriptions, advertisements, services hired, and other provisions made by Historic Jordan Springs, occasions may arise in which it shall be necessary to substitute, alter, or otherwise change events and other services provided by Historic Jordan Springs. As such, the company reserves the right to cancel, limit, or substitute for an item or service equal to or of greater value than that purchased as deemed necessary by Historic Jordan Springs. All tickets shall be non refundable, non- transferable, and offer no cash value unless previously arranged, in writing, by Historic Jordan Springs. 2 Title Sponsor Three Fox Vineyards Featured Wine "Maestro" T F -..I REE .1- O yi If you wish to be removed from our mailing list, please click here In order for us to promptly process your request, please do not change the subject of the email. Eric Lawrence From: Paige Manuel [hpm @visuallink.com] Sent: Monday, August 10, 2009 2:39 PM To: Eric Lawrence Cc: Tonie Wallace- Aitken; Mark Smith; Greig Aitken Subject: Historic Jordan Springs Eric, I received a copy of your letter dated August 7 which was written to Tonie Wallace. Would you please have someone assemble all the paperwork, applications and so on required to make the proffer amendment to enable Historic Jordan Springs to have "Special Events as an approved use. Tonie advised me that there have been continuous "special events" held continually at Historic Jordan Springs since the Catawba Indians held annually where they sought the healing white sulphur springs. The Catawba Indians held sacred ceremonies throughout the year. The springs were guarded year- round. Please see www.historiclordansprings.com. P /ease click on on "HISTORY if you will leave the forms at the Planning and Development front desk, l will pick them up tomorrow, and return the completed application to you by Friday, August 14. QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements Secondly, do you see a flared 90- degree opening as being one of the components of the'required improvements Do you see curb and guttering and pavement as being components of required improvements I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Thank you for your help. HPM Paige Manuel Associate Broker DAB COMMERCIAL REALTY, INC. Commercial Real Estate Services 440 W. Jubal Early Drive, Suite 100 Winchester, Virginia 22601 Telephone: (540)667 -9794 Mobile: (540)247 -4974 Facsimile: (540)667 -4432 E -Mail: hpm(ahvisuallink.com Website: www.dabcommercialrealty.com This e-mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, and is confidential. Please be aware that this e-mail (including any attachments) may contain attorney client materials or attorney work product, legally privileged and protected from disclosure. If you are not the intended recipient, any disclosure, copying, distribution or use of this e-mail or any attachments is strictly prohibited. If you have received this e-mail in error, please notify Paige Manuel immediately by returning the e- mail (and any attachments) to him and delete this copy from your system. Thank you for your cooperation. 1 June 12, 2009 Toni Wallace Historic Jordan Springs 1160 Jordan Springs Road Stephenson, Virginia 22656 RE: Special Event Uses at the Jordan Springs propert 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 ¢S Goo F t� ?cop Scif p rJC.r T 3 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 to ce-f IJDor cM,�+ 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 Eric Lawrence From: Funkhouser, Rhonda Rhonda :Funkhouser @VDOT.Virginia.gov] on behalf of Ingram, Lloyd Lloyd.Ingram @VDOT.virginia.gov] Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Attachments: MVC- 005F.JPG; MVC- 001F.JPG; MVC- 002F.JPG; MVC- 003F.JPG; MVC- 004F.JPG Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 From: Eric Lawrence mailto :elawrenc ©co.frederick.va.us] Sent: Monday, August 10, 2009 3:53 PM To: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Hi Lloyd e f flAJ S 4,4 Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to accommodate the traffic movements from the public road onto the private drive�i ac p d you also envision requirements for curb /gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements Secondly, do you see a flared 90- degree opening as being one of the components of the required improvements Do you see curb and guttering and pavement as being components of required improvements I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 665 -5651 540- 665 -6395 (fax) elawrenc(a�co. frederick. va. u s http://www.co.frederick.va.us/Planninq www.co.frederick.va.us 2 A 4 01 1 reur• I spy' gq Irac 1 ✓r o If-- r. 1 1 Eric Lawrence From: Ingram, Lloyd [Lloyd. Ingram ©VDOT.virginia.gov] Sent: Wednesday, August 12, 2009 8:04 AM To: Eric Lawrence Cc: Funkhouser, Rhonda Subject: RE: Jordan Springs entrance Yes, you can use it as an official VDOT comment. Lloyd Thanks. and nice pictures. From: Eric Lawrence mailto :elawrenc ©co.frederick.va.us] Sent: Wednesday, August 12, 2009 8:52 AM To: Ingram, Lloyd Subject: RE: Jordan Springs entrance Could I use this comment as an official VDOT comment for the Jordan Springs proffer amendment to enable "Special Events Sounds like you captured the essence of the entrance expectations. From: Funkhouser, Rhonda [mailto: Rhonda .Funkhouser ©VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation 1 Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 From: Eric Lawrence mailto :elawrenc @co.frederick.va.us] Sent: Monday, August 10, 2009 3:53 PM To: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Hi Lloyd. Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to accommodate the traffic movements from the public road onto the private drive. Did you also envision requirements for curb /gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements Secondly, do you see a flared 90- degree opening as being one of the components of the required improvements Do you see curb and guttering and pavement as being components of required improvements I am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 -665 -5651 540 665 -6395 (fax) elawren c(o)co. frederick.va. us http://www.co.frederick.va.us/Planninq www.co.frederick.va.us 2 From: Eric Lawrence Sent: Wednesday, August 12, 2009 9:15 AM To: 'Paige Manuel' Cc: Greig Aitken; Tonie Wallace- Aitken Subject: FW: Jordan Springs entrance Attachments: MVC- 005F.JPG; MVC- 001F.JPG; MVC- 002F.JPG; MVC- 003F.JPG; MVC- 004F.JPG Hi Paige Per your request, I have obtained VDOT's comment pertaining to entrance improvements that are required at the Jordan Springs site entrance. I have confirmed with VDOT that these comments are their official comments associated with the pending Special Events proffer revision. -Eric wrence From: Funkhouser, Rhonda [mailto: Rhonda .Funkhouser @VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, August 12, 2009 7:51 AM To: Eric Lawrence Cc: Ingram, Lloyd; Copp, Jerry; John Bishop Subject: FW: Jordan Springs entrance Eric, I had a chance to look at the entrance the other day. The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when I review the proposed entrance plan. If you require additional information, please contact me. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 Hi Lloyd. From: Eric Lawrence mailto :elawrencaco.frederick.va.us] Sent: Monday, August 10, 2009 3:53 PM To: Ingram, Lloyd Cc: John.Bishop Subject: Jordan Springs entrance Jordan Springs will be seeking a proffer amendment to enable various special events to occur on their property. I understand that John Bishop and you previously discussed this proposal. Paige Manual and Mark Smith may be assisting the property owners through the proffer amendment process in the event they contact you. I'm curious about the degree of improvements VDOT expects at the entrance. John mentioned that the entrance should be improved to accommodate larger vehicles, such as limos. My thought was more asphalt would be added to the driveway to accommodate the traffic movements from the public road onto the private drive. Did you also envision requirements for curb /gutter, turn lanes, etc? See Paige's note below. Thanks for your comments. From Paige Manual... QUESTIONS: Can you give me an idea of the scope of improvements that your department will be requiring, so I can have Greenway Engineering provide Tonie and Greig Aitken an estimate of the cost of the improvements. FOR EXAMPLE: Do you see an east -bound deceleration lane as being one component of the improvements Secondly, do you see a flared 90- degree opening as being one of the components of the required improvements Do you see curb and guttering and pavement as being components of required improvements l am trying to get a handle on what will be required in order to get an accurate estimate from Greenway Engineering on the costs of the improvements to the entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 6655651 540 -665 -6395 (fax) elawrenc(a)co. frederick.va. u s http://www.co.frederick.va.us/Planninq www.co.frederick.va.us 2 CURRENT OWNER. MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF, TAX MAP 44 -A PRCL 294 CURRENT ZONING, RA REOUESTED REZONING. B 2 REZONING AREA /0.33 ACRES N15'00'09'5 140.00 1111'30'00'W 250.00' 9 R? 1 523.00'00N J S.�. v O O 4. .4 B\ 0 O BOUNDARY INFORMATION SHOWN HEREON /5 COMPILED FROM EXISTING LANG RECORDS AND DOE'S NOT REPRESENT AN ACTUAL FIELD RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THEREFORE. THIS PLAT MAY NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY. BUILDING LOCATIONS SHOWN HEREON ARE DETERMINED FROM AERIAL PHOTOGRAPHY AND ARE APPROXIMATE. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NOT DETERMINED DURING THIS SURVEY. THE EXACT LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES WAS NOT ESTABLISHED WRING THIS SURVEY. 0 i'• O s O v 7 514 O q .bpi I 173.02' 11 Ll 0 1 32 353.27 42 589 900.00 F N v0 0" 589 900.00' B o`‘, N 0 0 a O N 500 138.06 04 JJo 4'0° A0 5 0 O qq DO ry i o' .00 N: s olo ,m L ae 3WOn 514.09' 541' 00 �`>>6 0 119.00' 00 1 W SO A 502.45'09 "E 235.00 N83 105.00 523'30'09 "E 393.93 100 579 "E 351.88' 0 IS 200 l N96 "E f E 495.08' 300 400 Preliminary Matters Pursuant to Section 15.2 -2296 et. seq., of the code of Virginia, 19501Pas amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #10 -01 for the rezoning of 10.33 +1 acres from Rural Area (RA) Zoning District to Business General (B -2) Zoning District and Historic Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 +1 acres the undersigned will: Transportation Allowed Uses REZONING REQUEST PROEM Property Identification Number 44 -((A) Stonewall Magisterial District Page 1 of 2 1 6/2765 N 6 i`\ Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related servic General business offices Public buildings Residential uses which are accessory to allowed business uses Ln tgcicJ Gilt` 7 0 G �✓I/t r i j p i, c'-' iNe l AC es. 7 a k r tr rr Jt.I 4.d.nea:4 i t It( ,l-,.r it'. Planning Access Term Jordan Springs Property Surrounc di GIS BUILDING_FOOTPR1NTS Parcels SWSA CD Urban Development Area Zoning B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition Distri EM (Extractive Manufacturing District) Cg's HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Horne Community District) MS (Medical Support District) R4 (Residential Planned Community Dis R5 (Residential Recreational Communit RA (Rural Area District) RP (Residential Performance District) Note: Map Created by Frederick County Dept of Planning Development 107 N Kent St Suite 202 Winchester, VA 22601 540 665 5651 E 0 125 250 500 Fe I I 1 1 I Jordan Springs Property Surrounc Planning Access Term GIS_BUILDING_FOOTPRINTS Parcels SWSA Urban Development Area Zoning B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition Distrii EM (Extractive Manufacturing District) HE (Higher Education District) Op M1 (Industral, Light District) M2 (Industral, General District) MH1 (Mobile Home Community District) MP MS (Medical Support District) R4 (Residential Planned Community Dis R5 (Residential Recreational Communit) RA (Rural Area District) RP (Residential Performance District) Note: Map Created by Frederick County Dept of Planning Development 107 N Kent St Suite 202 Winchester, VA22601 540 665 5651 0 125 250 500 Fe( Eric Lawrence Hi John- I will send over color copies of the illustrative for your use. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 665 -5651 540 665 -6395 (fax) elawrenc(a�co. frede rick. va. us http://www.co.frederick.va.us/Planning www.co.frederick.va.us From: Eric Lawrence [elawrenc @co.frederick.va.us] Sent: Tuesday, May 19, 2009 2:03 PM To: John Riley Subject: FW: Jordan Springs Map Attachments: JordanSpringsLocationMap.pdf Attached is a PDF illustrating the location of the current 10 acre B2 zoning on the Jordan Springs site, and a potential additional 11.5 acres of B2 zoning that could be sought based on its location within the SWSA. Collectively, these two areas (totaling approximately 21.5 acres of B2) capture the extent of SWSA on the Jordan Springs property. 1 AMFNT3iMENT Action: PLANNING COMMISSION: December 5, 2001 Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 APPROVED DENTED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10 -01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WHEREAS, Rezoning 10 -01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1 160 Jordan Springs Road and identified with Property Identification Number 44 -A -294 in the Stonewall Magisterial District; and WFIEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12, 2001; and WHEREAS, the Frederick County Board of' Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PORes #28 -01 Richard C. Shickle, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. PDRcs. W28 -01 0 kA gentian COMMRNTS 'RILONING\RESOLIlINVutdan Springs a9N This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Aye Aye Aye Sidney A. Reyes A Margaret B. Douglas Aye Robert M. Sager Aye A COPY Al JEST John R ley, Jr. Frederick County Administrator S igp age REZONING REQUEST PROFFER Property Identification Number 44 -((A)) -294 Stonewall Magisterial District Page 2 of 2 Limit the allowed business sign to one sign. The sign shall be of monument -type construction and limited to fifty (50) square feet in size or a placard_ Off -site Im •rovements to Lagoon Sewera e S 'stem Pond Provide security -type fencing along the parameter of the lagoon sewerage system pond that services the 10.33 acres. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Missionary Servants of the Most Holy Trinity By: (Signature) (Print name) Jordan Baxter, S. T. Date: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of December 2001 by: My Commission expires: Notary Public: Preliminary j a fl Transpoeiotiari A11owe�Tlse� FELON ENG RE'QIJLL PRO .Y I Prrperty identification iv..l be i9wi SStiacvY;:: 1M zgisi iti: 7 1Y-strict Pry...! of? Pursuant Ct Sc rion 15.2 -2 q', see or the code oFvirgnic_ 1.50, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undcrc:,.;:::, __t ;_offers that in the event the Board of Supervisors of Frederick Cn'mty. Vitaiaie, s mli eppioce Rezoning f aplicar;� #1.0-01 Gar th _mooning of 10.33 +1•.) 'trs from Lmmna District io Business Lieiicc.d C3-2; Zoning District a_,' i "z;, ri: Area (IIA) Overlay Zone. Development of the sunicct propety shell be done in conformity with the terms and conditions set forth herein, except to the extent that such 'erns awn conditions may be subsequently amen:.t::: or revised by the applicant and such pl.r ve by the Frederick County Board of 4upetvisors in atxordance with Virginia law. In the event that such rezoning is not granted, then these proffers, shall be deemed wididraNr.. id have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board f Slie^r:sc.±s f o r the Cr cnrr rf c ed -ic'< 1 )17, nia rpprovcs the rezoning for the 10.33 (t-'.) >t ires the w rs gnr: 1 Ccu&;; d °d' off 5?.:. ae: sis i the 3i_'2 p lanning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide nec rip,ra :ef .i ai' Lang, i uu :i i -;.:cr rand ::i pitv' t- i' VDOT. Eituau.ts shall be iintit.2i to z J (2j a aczc i u:ts_teccs onto 1 t- Al) entrtces ehall 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 accessory to allowed business uses EEC-97-.1 Luna the allowed business sign to one sign_ The sign shall be of monument -type construction and limited to fifty (50) square fret :.t e:ra d: a placard. r. fmpravements to L:;gpbn Srwrrafl 3v•tera P Tit_ coud.ticns proffered shove shall be binding upon the heirs, executors, administriucifs, °s:^ ::•,r rgr•t"ca."y in interest of the Applicant and Owner. in the eve* the Frederick _t:..4 El of Supervisors grant said rezoning and accepts these conditions; the p rtT to other requirements set fry/0, the Frt crick C enntr PROPERTY OWNER Man ouaty Servants ci the Mad Holy :=laity v attrej (Print nrz:x) 9 0 R D A. U ak y. r' DNte: g,Le Qz_ Notary Public: REZONING REQUEST PROFFER PtW'.L is se,c ur:ty -type fencing along the pararn-ete_" oi' i.he pond that services the 10.33 acres. STATE OF M. itRYLAND. AT LAROB MONTGUiOERY COUNTY, To-wit: The foregoing instrument was acknowledged before me this 11 th day of pecembe r, 2001. iviv nmrttyssiou exp;rc July 1 Revised I2i052W 1 pet Frederick County S AI! V- .,—_a, 4 /14 104 i 1. i,•n.•.n �iJ;.tiPP'12 f 2 and Planning Lwumn,jiou Couunaus• TJTFt_ P.03 EXISTING ZONING LINE PER METES AND BOUNDS REZONING DECEMBER 2001 fr J 149,1112 SF. 137725 Atl B sti l'1 142125 ACAS Fft1 1020.4 5F. .04475 Awls M Uj' 19542811 ACRES N 1 Ij i r I 90,881.) S.F. 1 1.02715 ACES I -J 1 1 2047352 ACRES 1.101403.1 S.F. 11 0.043;54A5443 11 r 147113.2 SF. I I 144020.6 SE. sue' 1J q1 11 x42125 n41f5 1 Y 4077.161.4 S.F. EXISTING ZONING LINE 1E15.42511 AS PER METES AND BOUNDS REZONING DECEMBER 2001 70,05IA S.F. 1.02745 ACRES 1 EXISTING ZONING LINE PER METES AND BOUNDS REZONING DECEMBER 2001 6.90933 AWES 147,113.2 S.F. 3.37725 ACRES 149,029.6 S.F. 3.42126 AWES V�. 13077.151.4 S.F. 18542811 ACRES 1.101.903.1 S.F. 26.07582 AWES 2018.4 56'. i .04815 AWE$ PA rfr li II c Ca ndice Perkins From: Tonie Wallace [TonieWallace @advlegaltech.com] Sent: Wednesday, January 27, 2010 10:04 AM To: Candice Perkins Cc: Steve Pettier; greigaitken @historicjordansprings.com Subject: RE: Jordan Springs Good Morning Candice I clearly understand that theadvertising fee is my burden and will pay that. I am respectfully requesting a 60 day postponement of this matter and if you would be kind enough to let me know if the check is to be made payable to Frederick County Deportment of Planning Development and if I may mail it or to we have to deliver it to you. Thank you for your guidance and assistance int his matter. Regards, Tonie Tonie M. Wallace, Owner, CEO, RPR, CCR, CME Historic Jordan Springs, LLC. 1 160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX www.HistoricJordanSprings.com TonieWallace @historicjordansprings.com Please visit our Websites to learn more about our services and products: www.adviegaltech.com www.syncvideo.com www.courtreportingconsultants.com www.countycourtreporters.com www.reportersgroup.com www.marylandreporting.com This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify us immediately by telephone and retum the original message to us at Historic Jordan Springs, 1160 Jordan Springs Road, Stephenson, VA 22656 via U.S. Postal Service. THANK YOU. I, From: Candice Perkins [mailto:cperkins @co.frederick.va.us] Sent: Wednesday, January 27, 2010 8:08 AM To: Tonle Wallace; Steve Pettier Cc: Greig Aitken; Eric Lawrence Subject: RE: Jordan Springs Please let me know how you would like to proceed. Candice Perkins, AICP Senior Planner Frederick County Department of Planning Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 (540) 665 -6395 (fax) cperkins @co.frederick.va.us www.co.frederick.va.us From: Tonie Wallace [mailto:TonieWallace @advlegaltech.com] Sent: Tuesday, January 26, 2010 4:32 PM To: Candice Perkins; Steve Pettier Cc: Tonle Wallace; Greig Aitken; Eric Lawrence Subject: RE: Jordan Springs Good Afternoon, Candace, Regards, Tonie Wallace. Stephen, Tonie, Since the rezoning was scheduled and advertised, a $500 fee would need to be paid in order to postpone the public hearing. If the postponement fee is not paid we will have to proceed with the public hearing tonight. We are requesting a 30 -day extension of this matter before the Board of Supervisors. Please advise us of the new date thank you for your assistance. Original Message From: "Candice Perkins" <cperkins @co.frederick.va.us> To: "Steve Pettier" <pettler @harrison- johnston.com> Cc: "Tonie Wallace" TonieWallace @advlegaltech.com Greig Aitken" GreigAitken @historicjordansprings.com "Eric Lawrence" <elawrenc @co.frederick.va.us> Sent: 1/26/10 9:06 AM Subject: Jordan Springs I was made aware that the taxes (2nd half) for the Jordan Springs property (parcels 44 -A -294 and 264A) have not been paid yet. The rezoning for the site is scheduled for a public hearing at the Board of Supervisors meeting tomorrow night. We wanted to make you aware that if the taxes are not paid by tomorrow afternoon we will have to bring up that issue at the meeting and the info may affect the Board's decision on the proffer amendment. 2 Let me know if you have any questions. Candice Perkins, AICP Senior Planner Frederick County Department of Planning Development 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5651 (540) 665 -6395 (fax) cperkins(c�co.frederick.va.us mail to:cperkinsnd.co.frederick.va.us> www.co.frederick.va,us <http: /www.co.frederick.va.us> 3 o T ROADSTAR H igh Speed Interne €e6u Q a c s t i tot arvith 88 -21 =RSTAR Events Services Weddings and Receptions Rehearsal Dinners and Engagement Parties Bridal Showers Bachelorfette Parties Graduation and Birthday Celebrations Personalized Consulting Planning Executive Chef with Full Banquet Services Complete Bar Beverage Services Custom Floral Design Arrangements Photographer and Disk Jockey Master of Ceremonies Custom Invitations Programs ewQ Reliable, local service Support Home Networking Professional, timely.installation New pricing for Horne and Business Service New Fiber Level Speeds 604 South King Street, Suite 200, Leesburg, VA 20175 sales@roadstarinternet.com www.roadstarmternet.com pa By Kara Clark, Staff Writer Those looking to break out of the office park environment may want to consider the offerings of Historic Jordan Springs, located in a cultural and event center four miles outside of Winchester. The two year -old, 237 -acre estate opened two years ago under the leader- ship of owners Tonie Wallace- Aitken and Greig Aitken as a venue to attract confer- ences, weddings and even serve as a nice daylong getaway for tea or lunch. Now, the center has recently launched a slew of executive office suites to meet a market demand. Executive Director Colt Nutter said the furnished office suites offer high speed Internet, the use of reception services and an IT staff to use at a company's desire. He said the center currently houses 12 companies in the office suites under a semi permanent arrangement. "We do have a lot of other smaller companies that want a public office space but don't necessarily want all the expenses of having their own building," Nutter said. Currently, Historic Jordan Springs has Circa 1600 Historic Jordan Springs Event Cultural Centre 237 Acre Exclusive Estate Outdoor Settings for up to 1,000 Guests tile 'Su e 10,000 square feet of private off ce space use, with another 1,500 square feet av; able and move -in ready. Nutter said t company is also looking to add more offi space on the fourth level of the buildii though the space is currently unfurnishf The company also has an arrangeme with a nearby four diamond hotel to p vide shuttle service from Jordan Sprir for those executives who may be in ne of local accommodations. Executive office tenants usually ha a monthly rent agreement with Jord Springs, though Nutter said the compa is flexible. "We're certainly open to discuss; other ideas, but we've only had reque for monthly space and sometimes da space. We don't have a pre- standardi2 setup; everything we do at Jordan Sprir is catered to the individual client. We very anti cookie cutter. Not everybod needs are the same as the other 10 peof but whether it's an executive or a bri we'll find out what they're looking for." For more information on Histo Jordan Springs, visit www.historicjord springs.com. Conference &r Technolog Ce ntre Business Conferences Meetings Depositions and Arbitrations Corporate Retreats Video Conference National Facilities Cocktail Receptions Christmas Parties