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Home My WebLink About06-09 Comments (3)Sa y %r3 ✓LI STS. p f/r&J ftt,.J7/Fy on-70 ,L� C IM \T S'T r, -�rc(. C A C 7 n oafi U Whit- P anrr TnorreAs Slfan._\ T e PCDritl.t. 41 41464 e_ f\c7 r T r N /'V f' t. .7// L 1/ J7 r 1.��h Z 4 4 6 n3 1\ l�A ,J ti P-AT rv�av i Y Y`r\ A Y /j u t i -j-e A6'' /S'7 fr I) rJ`./ 40rh ((Ja r te r J T s r�. Tom el_ Fc t G.- k r 71) �(7 a✓ rn4 -7 Z.— es /.c .for M-fio' For, 3t4vt J Atm a•gtih c....Jz tS o ot� E r.istodt CEn, /Z"1' ac I o 5C,3 r r t T c PROPERTY: 1 PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ #09- Historic Jordan Springs Tax Map Parcels 44 -A -294 and 44- A -294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonic M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonle M. Wallace, husband and wife PROFFER DATE: November 3, 2009 The Applicant hereby proffers that the use and development of the subject property "Property as identified above, shall be in strict conformance with the following conditions, which shall be in addition to the proffers made and dated December II, 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rezoning proffer amendment is not granted as applied for by the applicant "Applicant this proffer shall be deemed withdrawn and shall be null and void.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 count 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. r b s J a`r Allowed Uses I v 5 Limit the allowed uses to: Vd dtii 4 <re Health Services �f V l JO Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums The Applicant hereby proffers as follows: Eating, and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services REZONING APPLICATION #06 -09 f 1 JORDAN SPRINGS PROPERTY J ty Staff Report for the Board of Supervisors Prepared: April 5, 2010 t rC Staff Contact: Eric R. Lawrence, AICP, Planning Director S 3 eit Reviewed Action c Planning Commission: 01/06/10 Recommended Approval I F`'" Board of Supervisors: 04/14/10 Pending 6-) C _5 r' rtu PROPOSAL: To revise proffers associated with Rezoning #10 -01 for 10.33 acres land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone. This revision is intended to add permitted uses on the site. 4 a c cs— G- o l 6J r. t t s� r i m. A C_ J S Efc LOCATION: The property is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664). o �TS,ll co� try J -Pb r EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. V. 90 o 0f I bly �P 0 &Le I Vir ■-to-r V a S el” r This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Rezoning #06 -09 Jordan Springs Property April 5, 2010 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 01/06/10 Board of Supervisors: 04/14/10 PROPOSAL: To revise proffers associated with Rezoning #01 -07 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone with proffers to B2 District with HA with revised proffers. LOCATION: The property is located at 1160 Jordan Springs Road and fronts the east and west side of Jordan Springs Road (Route 664) and fronts the west side of Wood's Mill Road (Route 660). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44 -A -294 and 44 -A-294A (portions of) PROPERTY ZONING: B2 (Business General) District with a Historic Area (HA) Overlay Zone PRESENT USE: Historic and Commercial ADJOINING PROPERTY ZONING PRESENT USE: North: Zoned R4 (Residential Use: Planned Community) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) West: Zoned RA (Rural Areas) District Action Recommended Approval Pending Vacant Use: Agricultural Residential Use: Agricultural Residential Use: Residential Use: Agricultural Residential Rezoning #06 -09 Jordan Springs Property April 5, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The driveway pavement will need to be widened, to allow two vehicles to pass without driving on the grass, a sufficient distance to allow for a reasonable outbound queue. Foliage to the north of the entrance needs to be adjusted so as not to block sight distance. If the facility is looking at primarily weekend events, I do not believe a turn lane is needed at this time. Increased radii will be required at the entrance to allow large vehicles, such as limousines, to enter without entering the outbound lane. This will probably take a bit of engineering due to the shallow cover at the existing drainage pipe. Curb and gutter would be optional at this time. I will reserve any further comments for when 1 review the proposed entrance plan. Planning Department: Please see attached letter dated June 12, 2009, from Eric R. Lawrence, AICP, Planning Director. Historic Resources Advisor Board: Please see attached letter dated December 1, 2009, from Candice E. Perkins, AICP, Senior Planner. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcels which comprise the proposed rezoning as A -2 (Agricultural General) District zoning classification. The A -2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity, a rehabilitation center by Shalom et Benedictus and more recently as offices for County Court Reporters, Inc. In 2001, the Frederick County Board of Supervisors approved Rezoning #10 -01 for Jordan Springs (County Court Reports, Inc.) which rezoned the 10.33 acre site from the RA District to the B2 District with a HA Overlay Zone. Rezoning #10 -01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related Services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. In the summer of 2009, the property owners were informed that certain activities being conducted on the site (special events such as weddings, dinners and other events) were not permitted and were in violation of the use conditions associated with Rezoning #10 -01. It was further explained that in order to remedy this violation, the property owner needed to secure a proffer amendment including the new uses, secure an approved site plan that addresses parking areas on the site and, finally, implement the improvements specified on the site plan. The proffer amendment proposed with this application is the fcrststep necessary to resolve the violations on the property. Rezoning #06 -09 Jordan Springs Property April 5, 2010 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] The subject properties (portions currently zoned B2 /HA) are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting to revise the proffers for 10.33 acres of land zoned B2 /HA and this request is in general conformance with the Comprehensive Policy Plan. Land Use. Rezoning #10 -01 restricted the site usage to: Health Services, Legal Services, Engineering, Accounting, Research management and related services, General business offices, Public buildings, and Residential uses that are accessory to allowed business uses. The proffer revision being proposed with Rezoning #06 -09 seeks to add Museums, Eating and drinking places, Exposition operations and Theatrical Producers and Miscellaneous Theatrical Services to the list of permitted uses on the site. This proffer revision is being sought to provide for additional uses and opportunities on the site as well as legitimize uses currently operating on the site in violation of the approved proffers from Rezoning #10 -01. tv 3) Proffer Statement Dated November 3, 2009; Revised January 19, 2010: (41 J A) Allowed Uses Health Services Legal Services Engineering, Accounting, Research management and related services General Business Offices Residential uses which are accessory to allowed business uses ar Museums as an accessory or secondary use �S Eating and drinking places j q a Exposition operations 1 I l n Theatrical Producers and Miscellaneous Theatrical Services et Description for 7922: Theatrical Producers (Except Motion Picture) Miscellaneous T... Page 1 of 1 CS Occupational Safety Health Administration Division I: Services Maior Grouo 79: Amusement An Recreation Services Industry Group 792: Theatrical Producers (except Motion Picture), 7922 Theatrical Producers (Except Motion Picture) and Miscellaneous Theatrical Services Establishments primarily engaged in providing live theatrical presentations, such as road companies and summer theaters. This industry also includes services allied with theatrical presentations, such as casting agencies; booking agencies for plays, artists, and concerts; scenery, lighting, and other equipment services; and theatrical ticket agencies. Also included in this industry are producers of live and taped radio programs and commercials and producers of live television programs. Establishments primarily engaged in the production of taped television programs and commercials are classified in Industry 7812. Theaters which are normally rented to theatrical producers and stock companies are classified in Real Estate, Industry 6512. Motion picture theaters and motion picture service industries are classified in Major Group 78. Establishments primarily engaged in operating dinner theaters are classified in Retail Trade, Industry 5812. Agents or managers for entertainers Agents, talent: theatrical Ballet production Booking agencies, theatrical: except motion picture Burlesque companies Casting agencies, theatrical: except motion picture Community theater productions Concert management service Costume design, theatrical Employment agencies: theatrical, radio, and television- except motion Legitimate theater producers Opera companies Performing arts center productions Plays (road companies and stock companies) Radio programs, including commercials: producers of Rental of theatrical scenery Repertory or stock companies, theatrical Road companies, theatrical Scenery design, theatrical Stock companies, theatrical Summer theaters, except dinner theaters Television programs (including commercials): live Theatrical companies Theatrical equipment rental Theatrical lighting on a contract basis Theatrical production, except motion picture Theatrical ticket agencies Vaudeville companies SIC Search 1 Division Structure I Maior Group Structure 1 OSHA Standards Cited J All DOL OSHA Freedom or Information Act 1 Privacy Security Statement Disclaimers 1 Customer Survey 1 Important Web Ste Notices 1 international 1 Conb¢ Us Advanced Search A to Z Index 1 En Espanol 1 Contact Us 1 What's New 1 About OSHA OSHA Home RSS Feeds Q Print This Page al a Text Size 0 E -Mail This Page ent of La I Occupesonal Sarety Health gaminstration 1 200 Constltutpn Ave., NW, Washington DC 20210 Telephone: 800- 321 OSHA (6752) 1 TTY :877-889 -5627 www.OSHA.gov http: /www.osha.gov /pis /imis /sic manual.display ?id= 178 &tab description 4/14/2010 Description fpl 7922: Theatt ical Producers (Except Motion Picture)an Miscellaneous T... Page 1 of 2 OSHA Home Occupational Safety Health Administration Division I: Services Major Group 79: Amusemenx And Rerreation Services Industry Group 799: Miscellaneous Amusement And Recreation 7999 Amusement and Recreation Services, Not Elsewhere Classified Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals at shows or exhibitions are classified in Agricultural Services, Industry Group 075. Aerial tramways, amusement or scenic Amusement concessions Amusement rides Animal shows in circuses, fairs, and carnivals Archery ranges, operation of Astrologers Baseball instruction schools Basketball instruction schools Bath houses, independently operated Bathing beaches, public Betting information services Billiard parlors Bingo parlors Boat rental, pleasure Boats, party fishing: operation of Bookies Bookmakers, race Bowling instruction Bridge club, nonmembership Bridge instruction Cable kits, amusement or scenic: operated separately from lodges Canoe rental Card rooms Carnival operation Cave operation Circus companies Concession operators, amusement devices and rides Day camps Nen operation Exposition operation p n,_ SUoos I NO LtpA-1 Fairs, agricultural: operation of Fireworks display service Fishing piers ant lakes, operation of Fortune tellers Gambling establishments not primarily operating coin- operated Gambling machines, except coin- operated operation of Game parlors, except coin operated Games, teaching of Gocart raceway operation Gocart rentals Golf courses, miniature operation of Golf driving ranges Golf professionals not operating retail stores Golf, pitch -n -putt Gymnastics instruction Handball courts, except membership club Horse shows Houseboat rentals Hunting guides Ice skating rink operation Judo instruction 0 Pca A to Z Index En Espanol 1 Contact Us 1 What's New r About OSHA ETiAll DOL L OSHA Advanced Search RSS Feeds 0 Print This Page Text Size Oo USE, (A4mpi E-mail This Page http: /www.osha.gov /pls /imis /sic manual.display ?id= 188 &tab description 4/14/2010 Description fog 7922: Theatrical Producers (Except Motion Picture) and Miscellaneous T... Page 2 of 2 Karate instruction Lifeguard service Lotteries, operation of Lottery club and ticket sales to individuals Moped rental Motorcycle rental Natural wonders, tourist attraction: commercial Observation tower operation Off -track betting Pack trains for amusement Parachute training for pleasure Phrenologists Picnic grounds operation Ping pong parlors Pool parlors Racquetball courts, except membership clubs Rental of beach chairs and accessories Rental of bicycles Rental of golf carts Rental of rowboats and canoes Rental of saddle horses Riding academies and schools Riding stables River rafting, operation of Rodeo animal rental Rodeos, operation of Roller skating rink operation Scenic railroads for amusement Schools and camps, sports instructional Scuba and skin diving instruction Shooting galleries Shooting ranges, operation of Skating instruction, ice or roller Skeet shooting facilities, except membership clubs Ski instruction Ski lifts, cable lifts, and ski tows operated separately from lodges Ski rental concessions Slot -car racetracks Sporting goods rental Sports instructors, professional: golf, skiing, swimming, etc. Sports professionals Swimming instruction Swimming pools, except membership Tennis clubs, nonmembership Tennis courts, outdoor and indoor operation of, nonmembership Tennis professionals Ticket sales offices for sporting events, contract Tourist attractions, natural wonder commercial Tourist guides Trampoline operation Trapshooting facilities, except membership club Waterslides, operation of Wave pools, operation of Wax figure exhibitions Yoga instruction SIC Search I Division Structure I Maior Group Structure 1 OSHA Standards Cited 1 Freedom of InfOrmatOn ACt 1 Privacy Security Statement 1 Disclaimers 1 customer Survey 1 Important Web Site Notices 1 International 1 Contact Us II.S. Department of Labor 1 Occupational Safety B Health Administration 1 200ConstlNtion Ave., NW, Washington, DC 20210 Telephone: 800- 3210545(6242) 1 T 877 vn v.OSHA.gov http: /www.osha.gov /pis /imis /sic_manual display ?id =188 &tab description 4/14/2010 HISTORIC JORDAN SPRINGS ESTATE WEDDINGS RECEPTIONS CONFERENCES CATERING COMMUNITY GIVING ONLINE GIFT SHOP PRESSROOM CONTACT US TESTIMONIALS EMPLOYMENT http://www.historicjordansprings.com/ CIRCA 1600 Historic Jordan Springs Event Cultural Centre GALLERY STAFF E- LETTER Pub Night April 23, 6:oo pm Livve entertainment with no cover charge. Si from every drink purchased goes to a chosen charity. An ala carte menu of pub food. Ballroom Dancinmub Night March to, 17, 24, 31 7:00 -7:45 pm RUMBA 7:45 -8:00 pm SINGLE STEP SWING THEEAR Wedding Tasting and Bridal Fashion Show April 25, 1:3o pm A Wedding Tasting food wine, New York -Style Runway Bridal Fashion Show with latest designs from THEBARN. HISTORY 49 Become a Fan Find us on Twitter Sign -up for E -News nr Calendar of Events REQUEST INFORMATION Mother's Day Brunch May 9, 52:oo pm Treat her to something delicious. Paranormal Dinner and Investigation May 14, 6:30 pm Includes dinner, 2 -hour investigation. Can You Identify This Painting Looking for any information such as accounts paid or some type of day book concerning the building or opening of Jordan Springs in 1893. Page 1 of 2 4/14/2010 HISTORIC JORDAN SPRINGS Cr CE TIFICATES x..n.w.. 1.904 ICIMIIM nw.x.wM., SoA,w Historic Jordan Sorinrs Gift Certificate Looldng for a unique and memorable gift for someone really special? l-low about Ballroom Dance Lessons, French Cooling Class Soiree, Valentine Sweetheart's Dinner, French Dinner and Wine Pairing, Civil War Ball or maybe a hands-on Paranormal Investigation Dinner. We are even offering a night with the Symphony of the Valley at a Gala Dinner Concert! The history of Jordan Springs goes back to the early Moos, when the Catawba Indians discovered two mineral springs, the White Sulphur Spring and the Calibeate Spring, which flow from the grotto at the base of a nearby cliff -like hill called Devil's Backbone. The Indians used the area as a meeting place for almost a century and a half, at which point the mineral springs were discovered by settlers. The property was later made into a resort centering around the therapeutic and healing medicinal powers of the springs. Since 1832, three separate hotels have stood on the property; the brick portion of the current building was built in 1893 by Edwin Clarendon Jordan, Jr. 1r6o Jordan Springs Road Jordan Springs, Virginia 22656 Local 540.6677744 Toll Free 877.837.8313 Copyright 2009 Historic Jordan Springs arwM Page 2 of 2 http://www.historicjordansprings.com/ 4/14/2010 HISTORIC JORDAN SPRINGS A ntri c G ESTATE WEDDINGS RECEPTIONS CONFERENCES CATERING COMMUNITY GIVING ONLINE GIFT SHOP PRESS ROOM CONTACT US TESTIMONIALS EMPLOYMENT GALLERY STAFF CIRCA 1600 Historic Jordan Springs Event Cultural Centre E -LETTER To he updated regularly about events happening at the historic Jordan Springs Estate, please Sign Up for our free E News Letter 2010 Calendar of Events March May HISTORY 3, to, 17, 24 Ballroom Dance Lessons 7:oo pm 13 Paranormal Dinner Investigation 6:3o pm 17 Charity Pub Night Live Entertainment 6:oo pm Charity: Faith in Action 27 Wine Tastinr 6:3o pm April 7, 14, 21, 28 Ballroom Dance Lessons 7:00 pm 13 Easter Brunch Seatings 12 noon 2:00 pm 23 Charity Pub Night Live Entertainment 6:oo pm Charity: Concern Hotlin, Inc. 25 Wedding Tasting and Bridal Fashion Show c30 pm 9 Mother's Day Brunch Seatings 12 noon 2:00 pm 14 Paranormal Dinner Investigation 6:30 pm 16 Spring Bridal Show noo 3:oo pm 28 Charity Pub Night Live Entertainment 6:oo pm Charity: Knights of Columbus June 10 Tea on the Veranda %t Become a Fan 1 Find us on Twitter 1 Sign -up for E -News Calendar of Events LOCATION REQUEST INFORMATION Seatings 12 noon 1:00 pm Page 1 of 2 http:// www. historicjordansprings .com/calendar.html 4/14/2010 HISTORIC JORDAN SPRING S Page 2 of 2 25 Charity Pub Night Live Entertainment 6:oo pm Charity: Winchester SPCA July 9 Wine Pairing Dinner 6:30 pm 23 Charity Pub Night Live Entertainment 6:oo pm Charity: WVPT August 21 Paranormal Dinner Investigation 6:3o pm 27 Charity Pub Night Live Entertainment 6:0o pin Charitu: Blue Ridge Hospice Butter a Club 29 Civil War Tea Fashions of the Period TBD September 24 Charity Pub Night Live Entertainment 6:oo pm Charity: 1st VA Cavalry Company H October 7 Autumn Tea on the Veranda Seatings 12 noon 1:00 pm 15 Charity Pub Night Live Entertainment 6:oo pin Charity: Habitat for Humanity 29 Hauntings Dinner, Tour Paranormal Investigation 6:30 pm November 12 Charity Pub Night Live Entertairunent 6:oo pm Charity: Request a Charity 25 Third Annual Thanksgiving Dinner Seatings 2 pm and 4pin December 2 Char Pub Night Live Entertainment 6:oo pm Charily: Request a Charity 12 Christmas Brunch Tour Seatings 12 noon 2:00 pm 13 Christmas Tour, Food and Toy Drive 5:00 pm- 8:oo pm Charity: To Be Determined 14 Christmas Tour, Food and Toy Drive 5:0o pm 8:oo pm Charity: To Be Determined 15 Christmas Tea Tour Seating 12 noon Roo pm 17 Christmas Dinner Concert 6:3o pm 20 Christmas Tour, Food and Toy Drive 5:0o pm 8:oo pm Charity: To Be Determined 116o Jordan Springs Road Jordan Springs, Virginia 22656 Local 540.667.7744 Toll Free 877.837.83 Copyright 2009 Historic Jordan Springs http:// www. historicjordansprings .com/calendar html 4/14/2010 "I a 4 �r L11/45 Rezoning #06 -09 Jordan Springs Property April 5, 2010 Page 5 STAFF CONCLUSIONS FOR THE 01/06/10 PLANNING COMMISSION MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/06/10 MEETING: The applicant's representative was available to answer questions from the Commission. There were no citizen comments during the public comment portion of the hearing. No issues or areas of concern were raised by the Commission. The Commission unanimously recommended approval of the rezoning application with revised proffers as presented. (Note: Commissioner Triplett was absent, Commissioner Manuel abstained.) EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 04/14/10 BOARD OF SUPERVISORS MEETING: This is an application to rezone 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to B2 (General Business) District with Historic Area (HA) Overlay Zone with revised proffers for the Historic Jordan Springs Property. This proffer revision seeks to provide for additional uses on the site. The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan and has addressed all of staff's concerns. This proposed proffer amendment is necessary to resolve existing zoning violations on the property concerning uses being conducted that are not permitted by proffer (outlined in the site history portion on page 3). Approval of this proffer amendment will also require the property owner to implement parking improvements to accommodate the uses. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. PROPERTY: The Applicant hereby proffers as follows: Allowed Uses AMENDED PROFFER STATEMENT REZONING: 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 RECORD OWNER: Greig D. W. Aitken and Toni M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Toni M. Wallace, husband and wife PROFFER DATE: November 3, 2009; Revised January 19, 2010 The Applicant hereby proffers that the use and development of the subject property "Property"), as identified above, shall be in strict conformance with the following conditions, which shall be in addition to the proffers made and dated December 11, 2001 per that certain Ordinance Amending The Rezoning District Map, Rezoning #10-01 of Jordan Springs dated December 12, 2001. In the event that the above referenced rezoning proffer amendment is not granted as applied for by the Applicant "Applicant this proffer shall be deemed withdrawn and shall be null and void. Further, this proffer is contingent upon acceptance of the proffer by a final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which Frederick County Board of Supervisors' "Board is contested, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 664 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 664. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. The applicant proffers to prohibit all uses on the Property that are otherwise allowed in the B2 General Business District except the following: 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 as an accessory or secondary use Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services Respectfully submitted this /7 72 day of NPSUfi NOTARY PUBLIC REG. #241038 M•f COMMISSION O EXPIRES 11 0 10,'31.2012.•'�C� ''',�iy.A LT H X 1011/11100% Respectfully submittecdthi$ day o p S Ufi qq', N OTARY PUBLIC '..�.\3 J REG. ,'=`241038 myco,miSS10N EXPIRES ',10/31/2012,•' EA LTH aF STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To- 2010, GREIG D. W. AITKEN c�Gr/ 2010, TONIE M. WALLACE Eric Lawrence From: Steve Pettier [pettier @harrison johnston.com] Sent: Wednesday, April 28, 2010 10:58 AM To: Eric Lawrence Cc: Tonie Wallace Subject: RE: Jordan Springs Rezoning Eric: We are available at 1 pm and we will see you then. Stephen L. 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 then 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: Eric Lawrence mailto :elawrenc @co.frederick.va.us] Sent: Tuesday, April 27, 2010 12:50 PM To: Steve Pettier Cc: Tonle Wallace Subject: RE: Jordan Springs Rezoning I am available Thursday, April 29 at 1PM; or Monday, May 3 at 2PM. Do either of these times work for your schedules? -Eric From: Steve Pettier [mailto:pettler @harrison johnston.com] Sent: Tuesday, April 27, 2010 12:19 PM To: Eric Lawrence Cc: Tonie Wallace Subject: Jordan Springs Rezoning Eric: My clients would like to get the rezoning finalized as soon as possible. I was out of town almost all of last week, so the delay in addressing the issues that came up on April 14 is occasioned by my schedule. 1 Regardless of this, when can we schedule a time to discuss what riled proffers might look like to address the concerns? I can be available the afternoon of April 29 or May 3 or 4 at your convenience. Thank you for your courtesy in advance. Steve Stephen L. 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 maybe unlawful. Thank you. 2 Eric Lawrence From: Tonie Wallace [TonieWallace @advlegaltech.com] Sent: Thursday, April 22, 2010 11:23 AM To: Eric Lawrence; Greig Aitken Cc: Steve Pettier Subject: RE: Jordan Springs proffer amendment Good morning Eric, Please know that we are on this and as soon as Steve is back in town we will be meeting to see what we need to move this forward. Thank you. Tonie Tonie M. Wallace, Owner, CEO, RPR, CCR, CME Historic Jordan Springs, LLC. 1160 Jordan Springs Road Stephenson, VA 22656 877.837.8313 540. 667.7744 540.667.2007 FAX www.HistoricJordanSprings.com 1 TonieWallaceCiaistoricjordansprings .com Please visit our Websites to learn more about our services and products: www.adviegaltech.com www.svncvideo.com www.courtreportineconsultants.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. From: Eric Lawrence [mailto:elawrenc @co.frederick.va.us] Sent: Thursday, April 22, 2010 10:21 AM To: Tonie Wallace; Greig Aitken 1 Cc: Steve Pettier Subject: Jordan Springs proffer amendment Good morning Tonie and Greig. At last Wednesday's (April 14 Board of Supervisors meeting, the Board tabled action on your proffer amendment request to enable a few things to be considered: (1) a more concise list of permitted uses. There were concerns that the 4 additional uses sought were too broad and may enable unwelcomed /unexpected activities beyond that of wedding receptions, bridal shows, use of the historic tavern, catering, and holiday gatherings; (2) consideration of limiting hours of operations and noise levels; (3) limiting these additional uses of the site to within the historic structure; and (4) possible use of an seasonal festival permit to enable use of the property's grounds for outdoor wedding receptions. It was also noted that the June 1 deadline previously established to resolve the zoning violations remains in effect. Please let me know how you wish to proceed. Thanks Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 665 -5651 540- 665 -6395 (fax) elawrencno co.frederick.va.us www.FrederickCountyVa.clov/Planning www.FrederickCountyVa.gov 2