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HomeMy WebLinkAbout10-01 Jordan Springs (County Court Reports, Inc.) - Stonewall - Backfile1. REZONING TRACKING SHEET Date (Hf-o 11' 3 - 0 1 Application received/file opened Reference manual updated/number assigned I D-base updated r j�, /3 • Q % File given to office manager to update Application Action Summary Four sets of adjoiner labels ordered from data processing r atw 49.ccimaps ordered from Mapping & Graphics /1 -QS•Q% PC public hearing date ACTION: Ut? 1 BOS public hearing date ACTION: ! �� Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers Notebook (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers notebook) Action letter mailed to applicant Reference manual and D-base updated 1 f '• File given to office manager to update Application Action Summary (final action) File given to Mapping & Graphics to update zoning map Z' 2%41 L' Zoning map amended Other notes: : t',:r cc -, IncxmC:e_ CASH DateI RECEIPT 002426 •- Received From __—�_____ Address I CL �> �g5 . Dollars$ .� /r`-• M For r � r -� , (ASH a luywwryJ, I -- Cr AMT PAID - CHE U • BY _ BALANCE MONEY If40F'H DUE � COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TVIEMORANDUM TO: Historic Resources Advisory Board FROM: Rebecca Ragsdale, Planner I .V-A� RE: October Meeting Agenda DATE: October 11, 2001 The Frederick County Historic Resources Advisory Board (H AB) will be meeting on Tuesday, October 16, 2001, in the first floor conference room of the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The I-MAB will discuss the following items: AGENDA 1. Review of a request by Steve Gyurisin of Triad Engineering on behalf of the County Court Reporters Inc. and Court Reporting Consultants to rezone 29 acres from the RA (Rural Areas) District to B2 (Business General) District with the HA (Historic Area) Overlay Zone. The property is located along Jordan Springs Road. 2. Other. Please contact this office if you will not be able to attend this meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it 3vill be necessary to enter the building through the rear door of the font• -story wing. I World encourage committee members to park in the county parking lot located behind the ne3v addition or in the Joint Judicial Center parking lot and follo3v the sidewalk to the back door of the four-story wing. 107 North Dent Street a NVinchesler, Virginia 22601-5000 Cz vy -(\'\ r\ (� �T19 pz-ctusl Request and Location Mr. Steve Gyurisin of Triad Engineering has requested on behalf of County Court Reporters that the Historic Resources Advisory Board comment on a rezoning application. The property is located in the Stephenson area along Jordan Springs Road, approximately six miles northeast of Winchester. The applicant is requesting that 29 acres of the property be rezoned fiom RA to B2 with HA Overlay Zone. This would potentially be the first HA Overlay Zone in the County. The applicant is proffering that permitted uses be limited to the following: Health Services Legal Services Engineering, accounting, research, management, and related services General business offices Public buildings Residential uses that are accessory to allowed business uses Historical Significance The property was originally owned by the Jordans who first built a hotel on site in 1843. That hotel later burned. Located on the property today are four structures (please see map). Building A, is the main hotel building and dates to 1893. It is the only surviving example of a 19"' Century spa -hotel in Frederick County and is eligible for the State and National Register. The property was probably owned by the Jordan's until it was bought by the Franklin Institute in 1950. It was then bought in 1954 by the Missionary Servants of the Holy Trinity who used it as a monastery. They still own the property but ceased using it in 1972 when Shalom et Benedictus tools over. At that time it became a drug rehabilitation center. Over time, the main building has gone through renovations but has retained its architectural integrity and is in good condition. Currently, the property is not in use but has been maintained. The site is not located within study areas of the Battlefield Network Plan. Included in this Agenda • Rezoning Application with proffers • Location map • Preliminary site analysis with area to be rezoned and buildings key • DHR survey form • 1885 Lake's Atlas • USGS Map • Two -page excerpt from Maral Kalbian's book • Interior information UACOMMITTI ESMAMAgendas\2001 Agendas\October16,2001.wpd REZONING APPLICATION FORM FREIDERICK COUNTY, VIRGINIA a' p t - ted b Pla - "e corn le � J . t •:..��^ .; `�,`'' -pit..:. i � J'r _ ;.. ::. J `ec�c� `e limb - a te.R iv `eiidm exit �N Zoniri ' ,Am •� j earin D to B •I i=iri Date:: - .g• PC.Hea g The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: TRIAD Engineering. Inc. Telephone: 667-9300 Address: Stephen M. Gyurisin 200 Avaition Drive POBox2397 Winchester, VA 22604 2. Property Owner (if different than above) Name: Missionary Servants of the Most Holy Trinity Telephone: 1-301-439-0333 Address: 9001 New Hampshire Ave Silver Springy MD 20903 3. Contact person if other than above Name: Stephen M. G iyl risin Telephone: 667-9300 Fax: 667-2260 E-mail: steve.sz@triad-winc.com 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned:. Missionary Servants of the Most Holy Trinity County Court Reporters, Inc. 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE Jordan Springs — Shalom et Benedictus B-2 & Historic District Overlay ZONING Adjoining Properties are zoned Rural Area (RA) and are large lot residential or Vacant uses See complete list of adjoining property owners and address attached as part of this rezoning application. 8.- Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The property is located at 1160 Jordan Springs Road (Va.—See. Route 664) approximately 4 5 miles northeast of the City of Winchester, VA 2 I County Court Reporters, Inc. and Court Reporting Consultants plan to purchase the Jordan Springs property and move their corporate office to the property. Approximately seventeen (17) office employees are associated with this move. Employee growth at this location is not anticipated because of the high level of technology associated with these businesses. Following the relocation, a long-term preservation program for the Jordan Springs property is anticipated. The buildings and grounds surrounding the core complex are planned to remain unchanged except for required repairs and maintenance. Amble parking and access exist for the planned office use. The core complex of Jordan Springs consists of four major buildings: - BUILDING "A":The "hotel or main building" which consists of approximately 29,150 square feet. - BUILDING "B":The "administration building" which consists of approximately 2876 square feet. - BUILDING "C":The "shop building" which consists of approximately 4840 square feet. - BUILDING "D":The "original house" which consists of approximately 1750 square feet. The approximate total square footage of Jordan Springs consists of 38, 615 square feet subdivided as follows: - Living Areas - Storage / Utility Areas - Office / Meeting Areas - Shop Areas - Kitchen / Dining Areas - Misc. Attic/Crawl Areas 9500 square feet, approximate. 7100 square feet, approximate. 7200 square feet, approximate. 2900 square feet, approximate. 2750 square feet, approximate. 9165 square feet, approximate. Jordan Springs has been in continuous use as a resort, hotel, seminary and drug and alcohol rehabilitation center for over 100 years. More recently, the complex has been used by the Missionary Servants of the Most Holy Trinity as a seminary, and by Shalom Et Benedictus, Inc. for alcohol and drug rehabilitation purposes. The transformation from the seminary to the rehabilitation facility occurred gradually in the late 1960's with Shalom Et Benedictus, Inc. emerging as the primary user in 1971 - 72. Shalom Et Benedictus, Inc. operated at Jordan Springs with between 30 to 50 residents and employees until late 1999. Jordan Springs has been maintained since, as a drug and alcohol rehabilitation facility by the owners. This use has not been discontinued. The owners have kept staff on board at Jordan Springs to maintain the property in its current use and condition in hopes of having another operator such as Shalom Et Benedictus, Inc. provide similar services. Currently two staff members are employed in such a capacity. i REZONING REQUEST PROFFER Parcel Identification Numbers 44-((A))-294 Stonewall Magisterial District Pursuant to Section 15.2-2296 et. Seg., of the code of Virginia, 1950, as amended, and the provision 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 for the rezoning of 29.3 (+/-) acres from RA (Rural Area District) to B-2 (Business General District) with a Historic Area Overlay Zone (HA), the undersigned applicant will adhere to the proffer conditions noted below. 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 withdrawn and have no effect whatsoever. Transportation 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 29.3 (+/-) acres the undersigned will: Conduct detailed traffic studies and analyses at the site planning stage for the 29.3+ (+/-) acres in accord with the Virginia Department of Transportation (VDOT) standards. Provide necessary right-of-way along Route 664 for road improvements. All entrances shall be constructed in accord with VDOT standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses 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 grants 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 signature) (printed name) date) STATE OF , AT LARGE COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 20_ by My commission expires Notary Public iUILDING „C„ BUILDING B" PARKING k BUDIN ' D" TREES WA _.Men, 'Woo/01 LVA10 U Z � 0 �� w w z� N N J Z Z OWNERS: w MISSIONARY SERVANTS OF THE MOST HOLY TRINITY a APPROXIMATE SCALE: 1 " = 500' NOTE: O J f � � THIS PLAN SHEET HAS BEEN DERIVED FROM AN a_ AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD CHECKED. o aw9 THE BOUNDARY IS APPROXIMATE AND IS Numbe INCLUDED FOR GRAPHIC REPRESENTATION ONLY. 1 VI1I.0 A HISTORIC LANDAMRKS COMMISSION SURVEY TORAI 31�-11U File namhcr County Frederick Town Stephenson Street No. 14, of Rt. 664 at Jordan Spring USGS Quad Name Stephenson Quad Date 1966 Original Owner Jordan's Original Use Health Spa - Hotel Present Owner Shalom & Benedictus Present Owner Address Father Erie'' Willi Box A Present Use Stephenson, Va. Rehabilitation center 2. Historic Name Sulfur Spring Spa Present Name Same Date or Period (exact or estimate) ea, 1843 Architect ---- Builder, craftsman, etc. ----- Source of Name Father Eric Williams Source of Date a n u 3. No. stori s (dormers count as %: story): 3. 'Wall construction Bric}c/ stone Acreagonknown 4. historical Significance (Chain of Title, Families and Events, etc., connected with the Property) /This spa was originally run and built by the Jordan's. There was a hotel e. the spot by y burntndowndbeen severalsed before times, andthen as a the presenttalth structu spa, ly dates probably In 1950 the Franklin Institute bought probably dates to the 1870's, the spa and ot•rned it until 1954 when Mission Servants of Most Holy Trinity purchased purchased thetplace vand pe pare eusing itnfor y2� drug Shalomand rehabilitation center, S. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alterations and additions) rge structure, note that it is part brick. This is an extremely la the windows -photograph. I could not get Note detail of ornament over Inside for a ground plan. Good G. Physical Condition Excellent X Structure - X Grounds X Neighhorhood M 7. titete rescr� acioti of sn ucturc Pntc,,6:d threats to p 14one DIVISION OF HISTORIC LANDMARKS SURVEY FORM yegative no(s). t no_7s_ 1 0080 J Historic name Jorci-an White Sulfur Springs Common name Shalom et Benidictus, SL11fur Spring Spa County/Town/City Rural Frederick County Street address or route number Rt. 664 USGS Quad Date or period Mid 19th Century, 1870-1B90 Stephenson Architect/ builder/craftsmen Original owner Branch Jordan Original use Spa -Hotel unknown Present owner Shalom Et Benidictus Source of name owners Present owner address Stephenson, VA Source of date architectural evidence Stories 3 Present use drug and alcohol rehabilitation Foundation and wall const'n 7-course American bond brick Acreage center. on a split-level stone foundation. 253 agres. Roof typeHipped roof clad w/ asphalt shingle -- State condition of structure and environs Excellent. State potential threats to structure None Note any archaeological interest This was the site of activity around the sulfur springs in the mid-18th century. Also, this is not the original building which was used as a hotel- there was another S�1, y� burned. touFd be investigated for possible register potential? yes® no ❑ Is in very original condition. Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) The site of the sulfur springs were recognized for their healing value by the Indians before white man settled this area of Frederick County. By 1747, Indians and white men were arguing about who had rights to the spring. The land became part of the Littler grant and exchanged hands until 1834 when the then current owner; Branch Jordan, built a brick building on the site This building apparently burned as did some others which followed it. The present building whit is made of brick and stone seems to have been built in the late 19th century. It is of 7-tours American bond. It is three -and -a -half stories on a split-level stone basement. The basement becomes a full level on the east side of the house. The building has brick piers running the entire height of the building. There are also gable dormers on the building; 3 on the front,l on the side, 2 on the rear. The building is L-shaped in plan with the rear wing being only 22 stories. The building has 2/2 light windows; segmental arches over the openings except on the 3rd story where they are flat arches. There are 2 doors on the entry level, front of the building which have 4-light transoms above. The stone English basement of the building has brick segmental arches over the openings. The building has a stepped brick cornice; exposed rai ters in the eaves and some of the windows are paired. A 19-bay wrap -around porch which is 2 levels and 2 stories is found on the front and sides of the building. The supports are chamferE columns. There is a sawn balustrade and plain handrail and exposed rafters in the eaves of the porch roof. The rear 2 story ell which gives the Spa its L-shape appears to have been added just a little bit later than the main building. It has a central brick chimney and integral 2-story porches.on its west side. There is a frame cabin(?) just NW of the main building. It is: 2 stories on a split-level base- ment; 3bays wide; synmietrical; has a gable roof with standing seam metal; 6/6 windows; louvereE shutters; ext. end brick chimney(unable to see the type of bond);fronted by a 3-bay, 1 level vernacular oorcb with chamfered column supports, a plain handrail and cross -rail balustrade. Perhaps this was one of several cabins that were found on the property- ones that could be rented. The only other original outbuildings appear to be the frame shed located East of the house by the creek and the open octagonal springhouse located North of the house near the entrance to the property. It is a pergola w/ a shallow conical roof. The supports are baseless Interior inspected? doric columns. Although, some of the parts of this garden structure have surely Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) modern buildings on thi property. one is a 2-story concrete block workshop located south of the main building. The othE is a 1 story brick office building located West of the main building. No, the interior was not inspected. The use of this building has changed several times since it was built. It was originally built as a spa -hotel. The history of its ownership needs to be further researched, but briefly what occured is that it was in its peak of use in the late 19th Century when people would come by train from Baltimore, Washington, New York and Philadelphia to enjoy the water and the social life. The spa was abandoned for some years in the 20th century until it was bought by the Franklin Institute in 1950. They sold it in 1954 to the Catholic Church and it was used by the Mission Servants of the Holy Trinity Monastery until 1972. They did a lot of renovation to the building including replacing the swimming pool dressing rooms with a library and the ballroom with a chapel. They sold it to Shalom et Benidictus, a private, non-profit, non -denominational residential treatment community for teenagers with emotional or family -related probles, in 1972. The current owners have also done a lot of work to the building yet retained its archi- tectural integrity. This property should definitely be placed on the State and National RegistE as it exemplifies an unusual building type from a "lost era". -.weary nnutAi 71.f1�R7'.Wriyh: EstoF.Tos.Yay:c ■ Pa3+n.e, `� ! 'School Spr✓'9 :•Tac.3 , \ • \ Est oiGllarris �%•s.Pa e. _ -__ - P �e'� ■3Tzss hail Baz�p�73ow � PavioiS • � ■ \ lher•naCi'.Ch. PauS •� �'•,� F ■"--Tas.lYStv�hensoni `�. JasBorZes Gao. as cZner \ •err. Spriarss . 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Y Z n+ i$erzrJr$wzlsbur J%Jen7�es INWOOD a A.-I,81 750 E9UNKER HILL h M, 751 5r 752 753 (INWOOD! q;f F S wall, i Bch j ,..• • ; + �, / _y��j s: - l ��- '.' t '� ,Pit c`'' . �-� J w/ 1 / i l�Q i✓ _! 618 633' \{836) ��� s— ��• �, Frey//� 1/ v557 i I railer Park - -� - 1Io t \ .'�•. a � •- < `^\� i s 602 ( / i r EinmanaelCi a.&\ j / �� 594 Ir `� • Stephensonrailer `rail\� lark • yam', ., ! Park •'� • t $75 - C = IAetsu«n r y� / 664 �- 1 ' ' —1`y 'ram •• ' n 761 Am ir. urn •\ �' _ e on - nSe - 520a le .Sh Pit ale 0 0 �, \ - �� btA G •i _ - - , �E:t _ _.ice—, a � ,' •�` r _ � V� ord I 4i, 66Ce •,. O AM - \ Burnt 97 R�nm� 4.33 Winchester. 19 Although no longer used as a spa, the main hotel Corsmicred in 1893 as building constructed in 1893 by Claredon Jordan, still stands fture jordar's White Sulphur 4.33).. The three -and-a-half-Story, L-shaped building is laid in seven- Spnn�p. this resort haul is now course American bond, sits on a split-level stone basement, and has known as Shalom e- a mo-story wrapawund porch. Brick pilasters rise the entire height Benediculs, a subsumcz J—bwe of the building and divide the front elevation into nine bays. A rnid— oca -d lenter jor teenagers. nineteenth-century frame cottage and the octagonal pavdion I w (Pb.,*) iy MaralS- Kahn: axArre- over the spring sur%rive from earlier eras (Figure 4.34). The 1879 4 RurvJ Lmdmo,6 Survcv! Haztd-Bwk of ViTgrriza describes the springs as 'having considerable reputation for the cure of disease, and are liberally patronized. The water of the Jordan Springs is very much like that of Greenbrier IV, White Sulphur, and it is used in the same class of diseases.". migrate 4.34 -Flat ocu.'gor"ti patqh(m UIUII J,'c)nc supoyru and 'o a cnkal n-x)-f marks the site of the at 0 hf Civic Way and Recemsrru rion 16 Figwe 4.32 CM of et"%vn ilutbui,..siv an the Monte Visra prrpem, this brick bake o m is sirniktr to one that once swod at Belle Grove, hxated acrnss UI.S. I I tip iCrci ,=) nating boards of light and dark wood, creating a striped pattern. The marble mantels feature round arches and decorative scrolls. The Mmtte Vista property is also significant for its tine collection of outbuildings, including a brick bake oven with a stone foundation that appears to predate the house; the barn, icehouse, summer kitchen, and meat house that date to ea. 1883; and a chicken house. granary. equipment shed, scale house, show barn, and garage that date to the twentieth century (Figure 4.32). Public scial life in Frederick County was curtailed greatly by the Rec-reati m Civil War. The absence of many men and the military activity in the area limited normal axial amides. As the economy improved and the area stabiIi?ed. the austerity of the war years gave way to a wide range of social events. Winchester remained the social and cultural center of the county. Churches and private homes were still the pri- mary sites cif social activity in the rural areas. Several neuspagers were established during this period. In 1865, the Winchester v'ews, the Winchester Tones, and the Winchester Journ- were srarted.18 The Winchester Star was established in 1896 and is still published. A number of literary societies met frequently in the area. Members prepared handwritten copies of poems, stones, and essays, which were then circulated among ocher members for discussion. Two mineral springs resorts operated in the county during this period, both of which were started earlier in the nineteenth century: Rack Erum Spmmn and �rfineral Berths, located in a remote area west cif Nrlrth Motnntain, w-as demolished in 19414. jordan's White' Sulphur Springs is sired near 'Stephenson about six miles northeast of Sulphur Spring Spa 34-110 Interior Analysis: High Victorian newel post, identical to the one at the Richard's House 34-32. Although the interior has been renovated to be used as a facility for substance abuse treatment, the work could easily be removed and the original parts of the building still be there such as the original staircase, windows, fluted trim w/ bull's eye corner blocks, decorative wooden motifs above segmental windows and doors and wrought iron colonettes in some of the rooms. Civil Tar and Reconssn u.-tion :.•. :Figure 4.23: The Richard's Home, ctlst7 krunt- cis The Maple, tkz ra stnecxd, A, S. Rie:harL ir: the I87os. bxaw, at die, inwrsectiilJi O Cedar Cmck Grade md Memmm's Tare. it is d w ccnm's best c a iple of a Folk Vxtorkm L6&rig e-Vmemd in brick. (Pim by Mani S, Ka=i 4.74 The irtik"iiear of the Richards .House conu;irrs stuck wood, u,yyrk typical of the 1%uu)riart era. The massivt ne vel post has aplrlied uumi m. rru jluting and chumfereci cr3rne n with spirulie irk. It is iclent cal w a newel past at the rno t ordan's White T ._.._..�.....___.__ Sulphur �prin , ccarutrucreci in I893. (P" by &4S. K;zl=) Constructed in the 187015 as a two-story, five -bay, brick I -house with a rear ell, the Richards House is one of the most elaborate Folk Vtctori,an—sryle dwellings in the county (Figure 23). The two -stem bay on the east end was added in the 1890s and reflects Queen Anne —style influences. The brick is laid in a seven -course r'1nw ican- bond paaem and is artfully used in the decorative cornice. The elab- orately corbeled brick cornke is painted white for greater emphasis. Other features include a central4ront gable, which alludes to Gothic Revival precedents; two round -arched windows in the central Front amble: brick *k arches over the wircdoves; two interior gable -end brick chimneys; and a three -bay Front porch with turned supports, sawn brackets, pendants, and a bracketed cornice. The interior of the Rkc uT& House alsri reflects Victorian designs, with its heavily applied tnoldin. , i!min-prinmd doors, and wcxxien wainscot (F4ure 4.24). .r - COUNTY of I+J EDE:RICK Department of Planning and Development 540/065-5651 FAX: 540/ 665-6395 December 13, 2001 Triad Engineering, Inc. Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, Virginia 22604 RE: REZONING APPLICATION #10-01 OF JORDAN SPRINGS; P.I.N. 44-A-294 Dear Steve: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 12, 2001. The Board approved your application to rezone 10.33 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) overlay zone. This property is located at 1160 Jordan Springs Road, and is identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. The attached plat identifies the 10.33 acres addressed by the rezoning. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please]i do not hesitate to contact this office if you have any questions regarding this rezoning application. i Silrely, Eric R li awrence, AICP Deputy Director ERL/bah cc: Missionary Servants of the Most Holy Trinity County Court Reporters, Inc. Lynda J. Tyler, Stonewall District Supervisor Jane Anderson, Real Estate Steve Melnikoff, VDOT Marcus Lemasters, GIS Division O MgendasNApproval ItrARf1'.'Wordan Springs.wpd 107 North Kent Street a Winchester, Virginia 22601-5000 REZONING REQUEST PROFFER Property Identification Number- 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. 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 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses pr,[,,perty Identification -;a' il3triCt P relin]Linpz! r-j-AIatI?Y5- 15,2-22.rj6 et. sw- - 01 1 :be code ofslirsiniz;, 1950, amended, told the pursuant t:o uc ,;ionprovisions of the Frederick County Zoning Or Ordinance with respect TO conditional zoning, d event - Board of Supervisors of . � -.0ff0rs that in the e nt the the under::,; 7' 0-3--c-I fir W ::-IzoiliTl9 of V t1*9101A, 8.0411 CI)JP'J a Frederick C-01MY. ve Rezoning J;*Q:I ic" C:3-2i Zoning A', Zonin.V Dis�6(;i iO BLIS11 lob-� Q 10.33 (+/..) 'v-.rf-s from qi."t Av,,� (T. . .. vu--i- .,..a (HA) overlay Zone. Developmcnc of the subject pjc?pt,:ty shall *- -6 - - '�— be done in conformity with the terms and conditions set forth heroin, except to thQ"tent that such rcnns anti conditions may be subsequently amended or revised by the applicant r.v(.I - .4 County Board of -�:" and such piz by the Frederick Coun Vdrvlsors in accordwice with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed v;--Udiayn� ,:old havo no effect whatsoever. Theundersigned, that owns the above described property, hereby voluntarily proffers that ipproves the rezoning for n,�su" for the _nt., if Ole Borg'��-'f 'S'Tr'f.! the 10.33 -.i,.res the -1sis :it t� e; sit-2 planning stage in accordance C� lvlfc- ;ind ao.,-! with the Virginia Department of Transportation (VDOT) standards. f. Provide nee salty rign, Of aLjyj. � ituuto L;, ior iz)ad VDOT' cs ol-itc., 6/4- All entr,mces shall be constructed in accordance with VDOT standards and Frederick County standards, Allowed Use Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, ruanagernent and related services. General business offices Public, buildings Residential uses which are accessory to allowed business uses CURRENT OWNER, MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF, TAX MAP 44 -A PRCL 294 CURRENT ZONING: RA REQUESTED REZONING: B - 2 REZONING AREA: IO.33 ACRES N45.00'00"E 1 4 0. 00' N17.30'00"W 250.00' �S '• 00 S23.00'00"W 297.00' ys �, BOUNDARY INFORMATION SHOWN HEREON IS COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. 00_ 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 DURING THIS SURVEY. iL"11iC V 173. 02' M^ r� n J` � 3p00� u,�m 579°56'54"E 'S'O\oo`\Q_o gyop°�. i / s�S'•, �_ !N "E 351 88oN81.32'18 353. 27' ' N86. 33' 40 "E\00 pOO 445.08' a o �\ ? 00�, rr�sn-oFQ S89.18\'03'E 900.00' S00.41' "W 138.08ti voovi �lh32.74 ; o o o0 os� 'o 88. 97 o oOn av aaJ 0 I S89.18'0\3"E 900.00' �S ICI s o u \-547.00`00"W o �� •OO\\ III�II' 00 179.00' o r;'`o I�•'� S63 � � o1p 502.45'Oq"E U >s o ;o �..� 235. 00 L VA a C s N83.00'01"W W 105. 00, g o o Z; ---- ,=-S23.30' 0 "E E<1 393.934 k IN84*30'0 "W W� i� 514.09' a / Op ooffi a. o j ar _ om - zoZm�¢z�; NF � 0 4. Qa4a m u o or—ing 10o O /UO E00 SO:7 �Kl[.r NunLc REZONING APPLICATION #10-01 JORDAN SPRINGS (County Court Reporters, Inc.) Staff Report for the Board of Supervisors Public Hearing Prepared: December 6, 2001 This report is prepal'ed by the Frerlerick County Planning Staff to pf'ovi(le information to the Planning Commission and the Board of Supervisors to assist them in making a rlecision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 12/05/01 Recommended Approval Board of Supervisors: 12/12/01 Pending PROPOSAL: To rezone 10 acres from RA (Rural Areas) to 132 (Business General) with the HA (Historic Area) Overlay District. LOCATION: The property is located at 1160 Jordan Springs Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-294 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: County Court Reporters, Inc. (CUP # 17-01) ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) Use: Agricultural Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Jordan Springs, REZ #10-01 Page 2 December 6, 2001 PROPOSED USE: County Court Reporters, Inc. (Office) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on -the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. See attached letterfi-oin Mr. Steve Mehdkoff dated 9111101 with sketch. Fire Marshal: Areas not delineated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Plan approval is recommended. Public Works: See letter from Harvey E. Strawsnydez•, Jr. P.E., dated 11/07/01. Clearbrook Fire Co.: Would like to see the installation of a dry hydrant placed at the pond as close to the road access from the maintenance building. Keep all lanes clear to the hydrant. Frederick County Sanitation Authority: Revised impact analysis statement; no comment. Frederick -Winchester Health Department: The Health Department has no objections as long as the new owner gets the DEQ Permit in their name. The permit from DEQ is valid and in the current owner's name. DEQ's number is (540)-574-7800. Historic Resources Advisory Board: Please see letter dated 10119101 fi•onz Rebecca Ragsdale, Plannez• L Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Jordan Springs, REZ # 10-01 Page 3 December 6, 2001 Winchester Regional Airport: The Winchester Regional Airport Authority has no objections to this rezoning request. County Attorney: When "per VDOT" is added, proffers appear to be in proper form. Planning & Zonina: 1) site xistoiy The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcel which comprises 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. In more recent years, the property has been used by Shalom et Benedictus as a drug and alcohol rehabilitation center. On November 14, 2001, the Board of Supervisors granted a Conditional Use Permit enabling the County Court Reporters to utilize the property for their offices. This rezoning application is being sought as a means to further solidify the office use, while also making an effort to preserve the historic characteristics of the property. The rezoning would only apply to a 10.33-acre portion of the larger parent tract. 2) Location The parcel which comprises the proposed rezoning is located on the west side of Jordan Springs Road (Route 664), near Hiatt Run. 3) Comprehensive Policy Plan The parcels are outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcel is included within the Northeast Land Use Plan study area boundary. Land within this portion of the study area is intended to complement the rural character of the County. The Northeast Land Use Plan identifies Sulfur Spring Spa (34-110) as a property of historic significance and recommends Historic Resources Advisory Board (HRAB) review of all development proposals for historic resources and developmentally -sensitive areas. The Comprehensive Policy Plan addresses historic preservation with a goal to protect the historic resources in the county. A historic preservation strategy addresses the promotion of historic districts and the designation of significant resources in the County. The subject site has road frontage on Jordan Springs Road (Route 664). Jordan Springs Road is classified as a Minor Collector Road. Jordan Springs, REZ # 10-01 Page 4 December 6, 2001 4) Site Suitability The site is very well suited for limited use of the existing structures with restoration and preservation measures. The existing structures have been used for more intensive uses than the proposed office -type uses. The parcel which comprises the proposed rezoning contains areas of steep slopes, woodlands, and flood plain as identified in the Frederick County Zoning Ordinance. The existing structures are located outside of Zone A, the 100-year flood plain. No development is proposed that would impact the existing flood plain of Hiatt Run, nor the steep slopes and woodland areas. 5) Potential Impacts a) Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement projects that the proposed use would generate 91 vehicle trips per day (VPD). This is based on the anticipated 25 employees. Review Agency Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's traffic analysis. The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Planning StaffComment Jordan Springs Road has a daily traffic volume of 1,500, based on the 2000 Virginia Department of Transportation vehicle counts. The projected 91 VPD that would be generated by the proposed rezoning does not significantly impact the roadway. It should also be noted that the previous uses on the property have generated traffic that is reflected in the previous vehicle -per - day traffic counts. b) Sewage Conveyance and Treatment Inipact Analysis Statement The property will continue to be served by an on -site sewage disposal system that is under the permitting review of the Department of Environmental Quality (DEQ); permit VA0029653. The proposed use of County Court Reporters is within the limits of the permit. Jordan Springs, REZ # 10-01 Page 5 December 6, 2001 Review Agency Comment The property has a valid permit to discharge into Lick Run. The permit is valid until June 30, 2002. Prior to the expiration dated, the applicant will be required by DEQ to change the permit holder's name to the new user's, and gain a permit renewal for another five-year period. Planning Staff Comment The property is located outside of the Sewer and Water Service Area (S WSA); therefore, public water and sewer are not available. The property utilizes a lagoon on -site treatment facility that is permitted by the Department of Environment Quality. It is appropriate for the property to be served by the DEQ permit, as neither public facilities are available nor could the property be served by a traditional drainfield due to the scale of the property's use. It would be appropriate for the applicant to consider providing evergreen landscape screening to lessen the visual impact of the effluent holding and discharge area on adjoining properties. c) Historic Resources: Impact ,67alysis Statement The applicant has expressed interest in preserving the integrity of the site and, therefore, requests that the HA (Historic Area) Overlay District be placed on the property. The applicant has provided information which indicates that the subject site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County Rural Landmarks Survey. The Register Evaluation Ratings Sheet, utilized during the review for National Register qualifications, indicates that the site dates back to the 1890's when the property was used as a resort. Review Agency Comment The Frederick County Historic Resources Advisory Board (I-IRAB) comment, dated 10/19/01, supports the applicant's request for the HA (Historic Area) Overlay. The I-IRAB felt that the applicant was making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the I -IA (Historic Area) Overlay. The I-IRAB felt that the proffered use restrictions for the B2 Zoning District were appropriate, restricting uses on the property to those commonly associated with office environments. Planning Staff Comment The subject site is located within the study area for the Second Battle of Winchester. The site also contains two structures that have varying degrees of historical significance and are eligible for local, state, and federal register recognition. Jordan Springs, REZ # 10-01 Page 6 December 6, 2001 The applicant has requested a rezoning to include the HA (Historic Area) Overlay District. This HA district was established and incorporated into the Frederick County Zoning Ordinance when the Board of Supervisors adopted the new district in 1991. The HA Overlay has not been placed on any properties within Frederick County; this would be the first. Once the HA Overlay is established on a property, modifications to the exterior of structures, as well as site improvements, are reviewed by the Historic Resources Advisory Board (HRAB). Based on the historical significance of the site, the site does qualify for inclusion in the HA (Historic Area) Overlay. d) Impact on Adjoining Properties The subject site is located in a rural area of the county, an area characterized by agricultural and large lot residential properties. The subject site (10.33 acres) is only a portion of the larger parent tract. While the parent tract will surround the proposed B-2/HA site, there are residential properties in close proximity. The existing health system utilized by the subject site is located on the north side of Jordan Springs Road, adjacent to residential uses. The aboveground, open- air storage facility could impact the air quality and viewshed of adjoining properties. Efforts should be undertaken to minimize impacts the health facility would have on the adjoining residences. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • The preparation of detailed traffic studies during the site plan stages; to provide the necessary right-of-way along Jordan Springs Road; • Limit the allowed uses on the site to Health Services, Legal Services, Professional Services, General Business Offices, Public Buildings, and Residential uses associated with allowed businesses. STAFF CONCLUSIONS FOR 12/05/01 PLANNING COMMISSION MEETING: The 10.33-acre site proposed for rezoning is located outside the county's Urban Development Area (UDA) and its Sewer and Water Service Area (SWSA), and is within the Second Battle of Winchester study area. The site contains historic structures and is eligible for historic recognition at the local, state, and federal levels. The proposal to rezone the site from RA(Rural Areas) District to B2 (Business General) with an HA (Historic Area) Overlay is consistent with the historic preservation policies described in the Comprehensive Policy Plan and the statement of intent in the Frederick County Zoning Ordinance. The Jordan Springs, REZ #10-01 Page 7 December 6, 2001 site's history of commercial uses, and the present office use, are appropriate uses for the B2 District. The applicant could more appropriately respond to the review agency comments and staff concerns by addressing the following issues: • Establish a limit on the number of, location of, and height of signs to be placed on the property. Improve the existing site entrance to satisfy state entrance standards. • Establish a limit on the number of entrances permitted onto Jordan Springs Road (Route 664). • Establish methods to mitigate the visual and safety concerns with the lagoon, including plantings and fence enclosure. Staff believes that the applicant should address the issues identified by the review agencies, in addition to any concerns raised by the Planning Commission when forwarding a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 12/05/01 Commission members voiced the same concerns raised by the staff. After discussing these issues with the applicant's representative, the applicant's representative volunteered to modify the proffer statement to establish a limit on the number, location, and height of signs to be placed on the property; to limit the number of entrances to two and to have those entrances meet VDOT entrance standards; and to address the lagoon safety issue by providing fencing, if it is agreeable by DEQ. The applicant's representative believed he could provide the revised proffer, with the owner's signature and the County Attorney's review, prior to the Board of Supervisors' public hearing scheduled for December 12, 2001. There were no public continents. The Commission unanimously recommended approval of the rezoning with the understanding that the applicant will satisfactorily address the issues as discussed by their revised proffer. RA RA 45 93 1 NAII RA \1 45 9312 f1OFFAMN 11 � CRIDER & SHOCIEY INC OF WJA II f W?_ 44 A 292 =DNS 45 ? 45 9l ?d 493 R RA — _ 1 ^ $$ J Vr_ HOLY TRINITY MMC" SEMINARY CRIDER & SHOGEY INC OF WJA 44 A 294 44 A 293 RA Fu / ��p CARLSON ''. Area to be N 45 52 17 Rezoned B2 :10 RIP 10 +/- Acres 12 Fs HCLYIRINYSY MSSICN SEN9RWRY RI FCC S5 ER � 29i AS A\ V 45 1 6 ks RP RIP � A � MISER RA •"ER Fes-195 RP Pyl 55 7 14 4A K�� RA 1 R 44 ' SVVEET 55 7 9 MWE F RA 55 7 RA RA 1 44 A 297 RP RP RA RP. RA 66 o `i1' RA d. 9 . RA p - - -- SWEET CONNER RA 55 7 1 q, RA RA w R W q , Rq q RA RA LEE ��• RA RA RP ,fi. T'4q`4'7 �5' q l �' •y RA RA RA RA �4Tq 7 Qrq�q, , ,9'b Rv RA RP Rq `itq , q,Bq t� RA RA RA �Sq , p, `9 `9 9 R RA RP RA RA 9 RA RJ' - i 1. �a REZ#l0-Ol Location Map For: Jordans Springs (County Court Reporters, Inc.) PIN: 44-A-294 Dept. of Planning and Development,11/01, Agray REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff 4w. S� Tee Paid....... Zoning Amendment Number _/0 01 Date'Received PC Hearing Date 1Z-.S- 0I BOS Hearing Date 0 /-0c) `02 The folloiving information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: TRIAD Engineering, Inc. Telephone: 667-9300 Address: Stephen M. GVUrlsin 200 Avaition Drive POBox2397 Winchester, VA 22604 2. Property Owner (if different than above) Name: Missionary Servants of the Most Holy Trinity Telephone: 1-301-439-0333 Address: 9001 New Hampshire Ave. Silver Spring, MD 20903 3. Contact person if other than above Name: Stephen M. G uy risin Telephone: 667-9300 Fax: 667-2260 E-mail: steycgQwtriacl-winc.com 4. Checklist: Chcck the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X_ Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allo`vs us to request full disclosure ofownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Missionary Servants of the Most Holy Trinity County Court Reporters. Inc. 6. A) Current Use of the Property: Jordan Springs — Shalom et BCIICCliCtLIS B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE B-2 & Historic District Overlay ZONING Adioining Properties are zoned Rural Area (RA) and are large lot residential or vacant land Uses. See complete list of adjoining roperty owners and address attached as part of this rezoning application. 8.- Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The property is located at 1 160 Jordan Springs Road (Va. Sec. Route 664) approximately 4 5 miles northeast of the City of Winchester VA. See attached location map. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. S. Parcel Identification/Location: Parcel Identification I/: 44-((A))-294 Magisterial: Stonewall Fire Service: Stonewall Rescue Service: Stonewall Q-CA KO Roo k Districts High School: James Wood Middle School: James Wood Elementary School: Stonewall 9. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 10 RA B2 with Historic District Overlay HA 10 Total acreage to be rezoned 10. The following information should be provided according to the type of' rezoning proposed: Number of Units Proposed - 0 Single Family home Townhomes Multi -Family Non -Residential Lots _ Mobile Home Hotel Rooms Square rootage of Proposed Uses Facilities are existing see attached description of areas. Office Service Station Retail Manufacturing RestaUrant Warehouse Other 3 OCT-10-2001 10:24 TEI WIHC r.U:> 11. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning trap of Frederick County, Virginia. 1 (we) authorize Frederick. County officials to anter the property for site inspection purposes. I (we) understand that tht sign issued when this application is submitted must be placed at the front property line at least sever, days prior to the Plaiminn Commission public h.aaring and the Board of Supervisors' public hearing and maintained so as to be visible fTam the road right-of-way until the hearing. (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(S) Al �jf/l '.!1 ciri late Ste lean M, Gvurisi —Triad En ineet'n g. Inc. Date 10/09/2000 Utivner(s) Missionary Servants of the Most Holy Trinity Date D Address: 9001 New Hampshire Avenue, Silver Spring, MD 20903 Telephone: 301-439-0333 County Court Reporters, Inc. and Court Reporting Consultants plan to purchase the Jordan Springs property and move their corporate office to the property. Approximately seventeen (17) office employees are associated with this move. Employee growth at this location is not anticipated because of the high level of technology associated with these businesses. Following the relocation, a long-term preservation program for the Jordan Springs property is anticipated. The buildings and grounds surrounding the core complex are planned to remain unchanged except for required repairs and maintenance. Amble parking and access exist for the planned office use. The core complex of Jordan Springs consists of four major buildings: - BUILDING "A":The "hotel or main building" which consists of approximately 29,150 square feet. - BUILDING "B":The "administration building" which consists of approximately 2876 square feet. - BUILDING "C":The "shop building" which consists of approximately 4840 square feet. - BUILDING "D":The "original house" which consists of approximately 1750 square feet. The approximate total square footage of Jordan Springs consists of 38, 615 square feet subdivided as follows: - Living Areas 9500 square feet, approximate. - Storage / Utility Areas 7100 square feet, approximate. - Office / Meeting Areas 7200 square feet, approximate. - Shop Areas 2900 square feet, approximate. - Kitchen / Dining Areas 2750 square feet, approximate. - Misc. Attic/Crawl Areas 9165 square feet, approximate. Jordan Springs has been in continuous use as a resort, hotel, seminary and drug and alcohol rehabilitation center for over 100 years. More recently, the complex has been used by the Missionary Servants of the Most Holy Trinity as a seminary, and by Shalom Et Benedictus, Inc. for alcohol and drug rehabilitation purposes. The transformation from the seminary to the rehabilitation facility occurred gradually in the late 1960's with Shalom Et Benedictus, Inc. emerging as the primary user in 1971 - 72. Shalom Et Benedictus, Inc. operated at Jordan Springs with between 30 to 50 residents and employees until late 1999. Jordan Springs has been maintained since, as a drug and alcohol rehabilitation facility by the owners. This use has not been discontinued. The owners have kept staff on board at Jordan Springs to maintain the property in its current use and condition in hopes of having another operator such as Shalom Et Benedictus, Inc. provide similar services. Currently two staff members are employed in such a capacity. JORDAN SPRINGS ADJOINING OWNERS PHYSICAL In_ No. OWNER MAILING ADDRESS ADDRESS ZONING USE 362 WOODS MILL DRIVE 55-7-1 MICHAEL L. SWEET STEPHENSON, VA 22656 SAME RA RURAL WILLIAM G. III & 207 PLAZA ST. NE LICK RUN CROSSING 55-7-14 BARBARA E. MEIER LEESBURG, VA 20176 STEPHENSON, VA RA RURAL 897 WOODS MILL ROAD 55-A-133 DOROTHY L. HART STEPHENSON, VA 22656 SAME RA RURAL 44-A-292 & CRIDER & SHOCKEY, POST OFFICE BOX 2530 A-293 INC. WINCHESTER, VA 22604 RA RURAL WILLIAM M. & 1099 WOODS MILL ROAD 44-A-295 SHARON M. REXRODE STEPHENSON, VA 22656 SAME RA RURAL C/O MELODEE 1102 WOODS MILL ROAD 44-A-296 SHEPHERD STEPHENSON, VA 22656 SAME RA RURAL 44-A-297 & HAROLD R. & 1010 WOODS MILL ROAD 55-A-134 CAROLINE D. CONNER STEPHENSON, VA 22656 SAME RA RURAL RONALD A. & 1947 MARTINSBURG PIKE WOODS MILL ROAD 55-A-135 MARY C. LEE WINCHESTER, VA 22603 STEPHENSON, VA RA RURAL 906 WOODS MILL ROAD 55A-1-17 TINA NEWLIN STEPHENSON, VA 22656 SAME RA RURAL 55A-1-18, 19, JRW PROPERTIES & 13 S. LOUDOUN ST. WOODS MILL ROAD 20 RENTALS, INC. WINCHESTER, VA 22601 STEPHENSON, VA RA RURAL JOHN M. & 554 GUN CLUB ROAD WOODS MILL ROAD 55A-1-21 KIMBERLY D. CARTER STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 966 WOODS MILL ROAD 55A-1-22A HERMAN M. CLARK III STEPHENSON, VA 22656 SAME RA RURAL 45-4((1))-1 & 2 CLARK D. & BARBARA K. FORTNEY 1281 JORDAN SPRINGS RD. STEPHENSON, VA 22656 SAME RA RURAL JOHN M. & POST OFFICE BOX 218 JORDAN SPRINGS RD. 45-4((1))-3 K. JUNE CONLEY STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 1373 JORDAN SPRINGS RD. 45-4((1))-4 CHRISTIAN F. KIENE STEPHENSON, VA 22656 SAME RA RURAL 154 HUMMINGBIRD LANE 45-4((A))-17 RENE R. CARLSON STEPHENSON, VA 22656 SAME RA RURAL WILLIAM H. III & 1081 JORDAN SPRINGS RD. 45-9((3))-1 REBECCA HALL STEPHENSON, VA 22656 SAME RA RURAL WILLIAM D. & POST OFFICE BOX 22 JORDAN SPRINGS RD. 45-9((3))-2 PATSY L. HOFFMAN STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL DAVID E. & 170 MONASTERY RIDGE RD. 45-9((3))-3 NANCY M. RITTER STEPHENSON, VA 22656 SAME RA RURAL JAMES C. JR & 220 MONASTERY RIDGE RD. 45-9((3))-4 SANDRA DUNIVAN STEPHENSON, VA 22656 SAME RA RURAL AMENDMENT Action: PLANNING COMMISSION: December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10-01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WHEREAS, Rezoning #10-01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the I -IA (Iistoric Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #28-01 This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Richard C. Shickle, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. A Sidney A. Reyes -Ly-e- Aye Margaret B. Douglas Aye Aye Robert M. Sager Aye A COPY ATTEST John R.1 iley, Jr. Frederick County Administrator PDRes. I128-01 O:blgcndas\CONINIENTS\R ZONING\RGSOLUINUordan Springs.wpd REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Nlatters Pursuant to Section 15.2-2296 et. seg., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #10-01 for the rezoning of 10.33 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (IiA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 Si na e 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 assigns and successors in interest of the Applicant and County Board of Supervisors grant said rezoning proffered conditions shall apply to the land rezoned ii forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER the heirs, executors, administrators, Owner. In the event the Frederick and accepts these conditions; the i addition to other requirements set 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 December 2001 by: My Commission expires: Notary Public: day of Prrperty Identification J 13trict Prelirnin4ry-MAWTI 1950. a -a amended, and the pursuant t%� 3c_'ion 15.1-27'_,5 ��. ge�— o! :be code ofuir�:ni:.. provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the under-:.;:: r--:="' ==-=" "offers that in the event the Board of Supervisors o °t J__ _C'. fjr thi ..zoning 0, Frederick C•4otrity. it"Q��ud, "''�; aNy,ore Rezoning., ,pp:ic 10.33 (+l.•` 3�''s from K�R�1I AreR R A.. Zomnv District ►o 6UzIllasa Ueuc,wl (iS-2; Zoning Diytnct a d r" '-i: ' —a (HA) Overlay Zone. Develojjnlem of the sueJcct prupt.-tY shall be done in conformity with the terms and conditions set forth herein, except to the extent that such 'erns aa6 C b 1 the Fredericksubsequently ounty Board of -upervisors in ac cordtu,OCA' or revised by tho cellcant with and such �':� pl- Y Virginia law. In the event that such rezoning Is not granted, then these proffers shall be deemed w i,hd,awi ,:ud have no effect whatsoever. The undersigned, that owns the above described property, :hereby voluntarily proffers that f7C tll" �-1 Jlt'�f f - 4!w'r1r `�: �Y,Initi i'pproves tile, rezoning for if the Bor., �.f - the 10.33 -res the w rs Trans OU :::i,i).+ I;'- and ar-7 % s15 1: !M; sii3 Manning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necegSa1"V fl$1j1 it %NAr AW.1r, 1QJL1-: j:�= VDOT. E,1�311ces sl�,all lk iir.lit:d to xv. u ;�i ,;;;li.:a_rc:ul ci:tr�l:ccs olltc r �.'.:::'t1 A!1 entrances shall be constructed in accordance with VDOT standards end Frederick County standards. Allow U-M Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, ruartagement and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses DEC-07-2001 1]:L:� TEI AINC P. 03 REZONING REQUEST PROFFER Jr 04r C." - -!tew-12? 1pi�triet Lxmil. tLc allowed business sign to one sign- The sign shall be. Of monument-tyve 03"IsiructiCTI and lifflitea to Eft &Y (50) square r:z," cj," L, ,i,Cxf.ty.tyne fencing alone the Daramete: he lao4:1ov.-,- 0.: A � Iiy-5 te"Z pond thitt eervices the 10.33 (+/-) acres. T :.411 be hinding upon the heirs, cxeculays, administi-MOM h,- cmditi.-ns pr7flrorai fbMr. sh 1'G�t w and Oner. '►n thj evelli the Ffederick ip interff.t Of the A-P!, 1 of Supervisors grant said rezoning and accepts these conditions; the 5b;111 PnT.', :j to other requirements set + p-,6- , rj,,nty _. ft, PROPERTY OWNER ser)"-,Ilts of J.(! "T'loil M02Y r,.:injjlty S sni at ire) STATE OF M.kRYLAND. Ar.LAR(jH moN'TWMt,,�Y COI�NTN', To -wit: The foregoing instrument was acknowledged before me this 11th day of npcemher, 2001. 7`J,V C_(1rT1TTLjSNi0jj t:XP;L4;S: ,Ill V 1 2nnr, Notary Public: A Revised 11`05/2001 prr Frt&fjck County S and Planninci (,o;,nTmzmn LAmulmils. DTAL P.e3 i COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE ARLES D. NOTTINGHAM EDINBURG, COMMISSIONERiVAi 22824 i COMMISSIONER September 11, 2001 Mr. Evan Wyatt, Planning Director County of Frederick Department of Planning 107 North Kent Street Winchester, VA 22601-5000 Ref: Conditional Use Permit Comment Jordan Springs Route 664, Frederick County ` Dear Mr. Wyatt: J ERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540)9B4-5607 The attached sketch depicts a commercial entrance of appropriate design for the Jordan Springs request. ' The minimum entrance required for this application will require an entrance 30' wide at the back of the radii with 25' radii to the edge of pavement and paved with 2" of asphalt. No curb and gutter will be required. A land use permit will be required accompanied by an engineered drawing. I trust this information will be helpful. Steven A. Melnikoff Transportation Engineer Attachment HECEIVE D, Attach xc: Mr. Dave Heironimus S E P 1 2 2091 Mr. Steve Gyurisin °T OF PLANNINGIOEVELOPMEir WE KEEP VIRGINIA MOVING 5TaN colol 'o C CJ /Gl E r 7' or,& p'ireCr�"or-, 1, fZ l � (o fcD Te-�erP�CG �o-�' Ex Cl Cu/ver� / 40 cf Oz- /Qo cJ -� e iOiG �L A N vi.E v� EP I, -�— /�51�t�f1� LT- �• �, 51�1 • l2•' �1 57�l�Llr-- HA ,L. F" T" YP/ CA L 5-E CT 101V ,ENTRANCE I-51co-L--�'Ap November 7, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. 200 Aviation Drive P.O. Box 2397 Winchester, Virginia 22604 RE: Jordan Springs Rezoning Frederick County, Virginia Dear Mr. Gyurisin: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of your request to rezone approximately 10 (ten) acres located at 1160 Jordan Springs Road from RA to B-2/1-1A. Based on this review, we offer the following comments: 1) The impact analysis indicates that the sewage treatment is covered by the Department of Environmental Quality permit VA0029653. Provide a copy of this permit including a location plan delineating the on -site lagoon. 2) Clarify the comment under water supply. We understand that the water supply is derived from a well source. Indicate the well location oil the site plan identified as drawing number 1. 3) Indicate the actual location of the spring for which the property is named. This location should be reflected on drawing number 1. Our approval of the proposed rezoning will be contingent upon receipt of the above information and revisions. Sincerely, Harvey trawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Zoningi../ 107 North Kent Street • Winchester, Virginia 22601-5000 COPY FOR YOUR INFORMATION COUNTY of FREDERICK Department oi' Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 19, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 RE: Jordan Springs Rezoning - 1160 Jordan Springs Road Dear Mr. Gyurisin: The Frederick County Historic Resources Advisory Board (I-IRAB) considered the referenced proposal during their meeting of October 16, 2001. The IIRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Department of Historic Resources' files, and the applicant's proffer statement. Historic Resources Advisory Board Comment The ten -acre parcel proposed for rezoning from the RA (Rural Areas) District to the B2 (Business General) District, with the IIA (Historic Area) Overlay Zone, is located within the study area for the Second Battle of Winchester. Located on the subject parcel are four structures, two of which are historically significant. The two historic properties include a main spa/hotel building and a cottage. The main hotel building has been determined eligible for the State and National Register. This main hotel building is proposed for utilization by the County Court Reporters, Inc. as their- corporate offices. The IIRAB considered details of the County Court Reporter's business, their plans for the property, and its history. Discussion included the I-IRAB's role in fixture external changes to the property if the HA Overlay Zone is approved. The applicant expressed their desire to be sensitive to the property's history and explained why they were seeking the IIA Overlay Zone. There were no adverse comments by the I-IRAB and, after consideration, approval of this rezoning application was recommended. The HRAB is in support of the submitted proffers and finds limiting the uses of the B2 Zoning District appropriate, as proffered. Permitted uses would be limited to the following: health services; legal services; engineering, accounting, research, management and related services; general business offices; public buildings; and residential uses accessory to allowed business uses. Members felt that the applicants were making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the IIA Overlay Zone. The IIRAB looks forward to reviewing any future proposals from the applicant. Please do not hesitate to contact me if you have any questions regarding the formal comment fi-om the Iistoric Resources Advisory Board. Sincerely/ Rebecca Ragsdale Planner I RAR/ch cc: Missionary Servants of the Most Holy Trinity 107 North Bent Street • Winchester, Virginia 22601-5000 uec 14 Ul Uj: eYa g.w. clittoro N assoc. VIRGINIA DEPARTMENT OF HEALTH SEWAGE COLLECTION AND TREATMENT REGULATIONS Page 122 of ����� Where it is not possible toprovide potable water from a ublic water su j-� �_ pPIV," araie wei�mav be provided. Location and construction of the well shall co- mpi with requirements of the Department. 2. Ail sewage treatment works shall be provided with or have ready access to a toilet and For a treatment works at which the o erator is required to be on dotor eight or more hours per day, a shall also be provided. 3. Minimum laboratory space for treatment works not performing BOD and suspended solids testing on -site shall be 50 s uare feet of floors ace with 20 square feet of bench area. Treatment works providing on -site BOD, suspended solids, or fecal coliforrn anal sis shall provide a minimum of 400 square feet of floors ace and 150 square feet of bench space. If more than two persons will be working in the laboratory at any qfyen tune, 100 square feet of additional space should be provided for each additiona person. Advanced sewage treatment works shall provide a minimum of 100 additional s uare feet of floors ace with a proportionate increase in bench space. On -site laboratories shall be isolated from treatment works a ui ment vehicular traffic, etc_, so as to render the laboratory reasonably free from the adverse effects of noise, heat, vibration, and dust in accordance with VOSH requirements.-77 4. Safety provisions should protect operators and visitors at treatment works from exposure to hazards in accordance with VOSH requirements. The designer should refer to the applicable occupational safety and health standards of the Virginia Department of Labor and Industry for the appropriate requirements. The following shall be required as a minimum, as applicable: a. Enclosing. the treatment works site with a fence designed to discourage the entrance of unauthorized persons and animals. / b. Providing adequate lighting, installing handrails, and establishing access guards, where necessary, and posting "No Smoking" s ns in hazardous locations. L. Providing first aid supplies and safety equipment, including protective clothing and equipment such as gas masks, goggles and gloves. d. Providing explosion proof electrical equipment, non -sparking tools, etc in work areas where Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540)665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impactanalysis,' and any other pertinent information.' Applicant's Name: T-k i q p "I-? O ec (i-1 J �--- Telephone: Mailing Address: Location of property: 30R-bt\M % C) �orL*bnj SPtiI-�, L Q-OkAO Current zoning: /\ Zoning requested: k Z y Acreage: /0 County Attorney's Comments: 046, 6, S a `` ec 1,24, U t11 s r✓f l� iJ / �� Assistant County Attorney's / _ Signature & Date: y ` ft " �° Rezoning Comments Jordan Springs Virginia Department of Transportation Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist Virginia Department of Transportation with their review. Attach three copies of your -in, location map, proffer statement, impact analysis, and any oth6r application fo pertinent information. K3oa Applicant's Name: TRIAD Engineering, Inc Phone: (540)667-2ce Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / I A Acreage: 10.33 ± acres Virginia Department of Transportation Comments The application to rezone this property appears to have tdi the measurable impact on Routes 64, the VDOT facility which would provide access to the property. Before development, this office vill require a complete set of construction plans detailing entrance designs drainage feature t f is flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the ri t to compent 4Dn all h,-_„-�aay-r-�ee� ;e d i:-gt�t-o �, y-de and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be c ered undrmi is perms is issue y is o ice an requires an inspection fe and surety bond coverage. Thank you for alloN.ri us the opportunity to comment See attached letter f om Mr. Steve Melnikoff dated 09/11/01 wit h. VDOT Signature & Date: 10 22 0 Notice to Advisory Board - Please Return This o to the Applicant Rezoning Comments Jordan Springs Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540)665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. 9306 Applicant's Name: TRIAD Engineering Inc. Phone: (540)667 Mailing Address: c/o Stephen M. G) lirisin 200 Avaition Drive. PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA —Acreage: 10.33 ± acres Fire Marshal's Comments Fire Marshal's Signature & Date ILI Notice to Marshal — Please Return IB Foa•m to the Applicant Fieldl: COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. RZO1-0008R Date Received 10/15/01 Date Reviewed 10/31/01 Applicant Triad Engineering, Inc. Address 200 Avaition Drive P.O.Box 2397 Winchester, Va. 22602 Project Name Shalom et Benedictus Phone No.540-667-2139 Type of Application Rezoning Current Zoning RA 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 44-A-294 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alai -in SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Areas not dilenated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Roadway/Aisleway Widtlis Adequate XX Inadequate Not Identified Special Hazaa•ds Noted Yes XX No Comments Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Hydrant Locations Adequate Inadequate Not Identified XX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No ��h'." 'Title 0 • Rezoning Comments Jordan Springs Fire and Rescue Company Name of Fire & Rescue Co. Address & Plione Clearbrook Vol. Fire Co. Inc. P.O. Box 56 1256 Brucetown Rd. Clearbrookc Va 22624 Applicant:. Please, fill out the information as.accurately. as possible in order to.,assist-the Fire and Rescue Squad with their review. Aitach a. copy. of your application form,: location map, proffer statement, impact aiialys'is; and .ally. .oilier pertinent information } Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-%0O Mailing Address: c/o Stephen M. Gy—urisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / IIA Acreage: 10.33 ± acres Fire and Rescue Company's Comments GL G?] .� -= 7�Ls.o �� i ✓rar+ /�H.N �/ ' Signature & Date•. Fire &Rescue Company's S gn . Notice to Fire & Rescue Company — Please Ret� nqc1is Form to the Applicant 1W Rezoning Comments Jordan Springs Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application' form, location map, proffer statement, impact analysis, and any other pertinent_ information. Applicant's Name: Mailing Address: Location of Property: q.309 TRIAD Engineering, Inc. Phone: (540 66� c/o Stephen M. Gyurisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres /Comments Sanitation Authority ///'�l Sanitation Authority Signature & Dater-, Notice to Sanitation Authority — Please Return This Form to the Applicant '/ 14 Rezoning Comments Jordan Springs Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester IIealth Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant: Please fill_ out the information as accurately, as possible in order to assist the Frederick -Winchester Health Department with their review. ,A.ttach :a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. 93aa Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667- Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4,5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Frederick — Winchester IIealth Department's Comments T k- P.-t r1111. 1- F1)1n Signature & Date: Notice to Health Department — Please Return This Form to the Applicant 15 Rezoning Comments Jordan Springs Historic Resources Advisory Board Mail to: Frederick County Dept. of Plaruning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Dept, of Plaiming & Develo')ment Co. Administration Bldg., 4" Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach a copy of your roffer statement,.impact analysis, and any, other: form, location map, p pertinent information. `l-:�5Ua Applicant's Name: TRIAD Enyineering, Inc. Phone: (540)667-322;t Mailing Address: c/o Stcphen M. Gyurisin 200 Avaition Drive PO Box 2 397 Winchester. VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Advisory Board Comments PL_1F_ ME SFE LETTE2 D I'0 hd o l ID Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant 8 Rezoning Comments Jordan Springs Superintendent of Frederick Co. Public Schools Mail to: Frederick Co. Public Schools Attn: Superintendent P.O. Box 3508 Winchester, VA 22604 (540) 662-3888 Hand deliver- to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg. 1415 Amherst St. Winchester, VA 22601 Applicant: Please fill out the information as accurately.as,possible in order to,:assist the Superintendent of Public Schools with lus review. .Attach'a copy 01' your' application form, location map, proffer statement, impa"bf analysis; and any other pertinent information. _ Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-2139 Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive, PO Box 2397 Winchester. VA 22604 Location of Property: The property is located at 1 160 Jordan Springs Road (Va Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Superintendent of Public Schools' Comments Superintendent Signature & Date Notice to School Superintendent — Pled Return This Form to the Applicant 13 ",&jits AaCP tic e, j a C Fredellck County Public Schools Administrative Assistant to Visit its at www.frederick.kl2.va.Lis e-mail: the Superintendent orndorfa@frederick.k12.va.us October 17, 2001 Stephen M. Gyurisin TRIAD Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 RE: Rezoning Property 1160 Jordan Springs Road Dear Mr. Gyurisin: This letter is in response to your request for comments concerning the revised planning application for rezoning 10.33 acres located at 1160 Jordan Springs Road from RA to B-2/11A. Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Sincerely I Al Orndorff Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Adnunistration, Frederick County Public Schools 540-662-3889 Ext "112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788 L:/Planning/SouthemVillagc MEMORANDUM TO: ALL REVIEW AGENCIES FOR FREDERICK COUNTY, VA FROM: STEPHEN M. GYURISIN, TRIAD ENGINEERING, INC. DATE: 10/10/01 SUBJECT: JORDAN ASPRINGS / COUNTY COURT REPORTERS, ACRES FROM RA TO B2 WITH HISTORIC REZONING OF 10 OVERLAY AY OA PLEASE NOTE: AREA IS REVISED FROM 29 TO 10 ACRES Attached you will find a comment sheet and appropriate supportive material for your review of the request to rezone 10+/- acres surrounding Jordan Springs from the current Rural Area Zoning District to B-2 Commercial District with a Historic District Overlay Zoning District (HA). Thank you in advance for your quick response to our request for additional comments regarding this rezoning. Copies of your previous comment(s), if applicable, are attached pertaining to the recent request for a Conditional Use Permit (CUP). You may fax or e-mail your response comment. As always we are trying to make a meeting schedule deadline and thank you in advance for your timely response. Thanks, Steve Stephen M. Gyurisin (guy-ra-sin) Director of Planning and Development Triad Engineering, Inc. PO Box 2397 200 Aviation Drive Winchester, VA 22602 Phone: 540-667-9300 x103 Mobil Phone: 540-533-4373 Fax: 540-667-2267 E-mail Direct:steveg@triad-winc.com E-mail Winchester Off' atria inc.con E-mail Triad De ' n Team: office laden inee Web Page: w.triaden .com shone: 540-667-9384 :-mail: gyurisin dMsuallink.com � Uy/U!/Ul PKI ll:gG b4U4340641 1111a(i t1a1'1'1S011ULL1'9 1p.j V V L COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM 9 THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictus, Inc. Facility Name: shalom et Benedictus STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River S ubbasin Potomac Section: 11 Class: IV Special Standards: pH The authorized discharge shall be in accordance with this cover page, Part' I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable Ta All VPDES Permits, as set forth herein. rector, Dep tmenE of Environmental Quality �n /6, r997 Date PART I A. INTERIM EFFLl1ENi LIMITATIDS 40 KNITCRI% RECIARB-On Permit No. VAX29653 Page 1 of 8 1. Orir)g the periai Wrrlrg with the pmit's effe tiT date and lasting until the amevaut of discharge fr n the r.pqraded facility in aomdyce with the Schedule of 6mpliance in Part I.C.. the permittee is authorized to discharge frrm outfall serial nurber 001. R& discharges shall be limited and monitored by the permittee as specified below: EFFLLENT C1flRA U15TICS DISGORGE LIMITATI(7 Mjrthly Average Fledc1v Avera4e Minimm xknm Floc (Km)' N_ N4 RA N pH (standard units) NIA NA 6.5 9.5 8305 30 rn3/l 0.8 kg/d 45 m3/l 1.2 kg/d N4 Na SuspandeCJ Solids 78 mg/1 2.1 kg/d 117 mg/l 3.1 kg/d N4 Total Resid;al Chlorine (W) (mg/l )' flA NA NA N_ - No Limitatim, autitoring required NA - Not AMlicable 2. Tl>° sign flow of this treatmEnt facility is 0.007 Mom. 3. See Part I.B. for TRC limitations. 4. There shall be no discharge of floating solids or visible foan in other than trace amants. i ITCRIN; WWIRf?Q11 Freaency Sarnle Tv l/0dy Estimate 17(ay Grab Iftnth Grab lAtnth Grab 1/Day Grab R 44 A 2S44 Location Map For: Jordan Springs PIN: 44 - A - 294 Dept. of Planning and Development, 09/01, Agra Permit No. VA0029653 Page 2 of 8 PART I a. FINAL UTLLEM LIMITATIONS NU KNITCRIN; RG1JJ1R9'fMS 1. Upon nomercmmt of discharge fran the upgraded facility. the following effluent limitations and mxritoring re4uirerarts shall beccm effective at outfall serial nrrber 001 and retain in Affect intil the pfrlrrit-s eTlraticm date_ k1 disci gas Shall be limited and afty d �y the Gemttee as spaJfiied belal: Monthly Weekly Average pi (standard snits) M N4 aro� (Am - %vmbe') 16 m3/1 0.42 kg/d 24 ag/l 0.64 kg/d CWC� (air - Fly) 25 m3/1 0.66 kg/d 40 m3/l 1.05 kg/d SusW&-d Solids 30 nU/1 0.8 kg/d 45 ni/l 1.2 kg/d Total Residual Chlorine (TRC) (ml/l)3 N4 M Amcnia-N UM - Navart-r)' 1.8 m3/1 0.05 kg/d M A,rrrnia-N (D Garber - lay)` 2.9 ag/l 0.08 kg/d Dissolved G)pW (q/1) IA N4 \L - Pb Limitation, monitoring required M - rbt Wicable 2. 11,2 design flaw of this treab7mt facility is 0.007 MS. I See Part I.B. far lRC limitations. 4. See Part I.D. for additional amitoririg instrutions. 5. There shall he ro discharge of floating solids or visible foam in other- than trace amunts. N 1IM-INa REQIIRFJ 2u Mini rrL Frm Samle T-Yx M 1/Day Estirrate 6.5 9.5 1/Day dab Iyq 1/lknth Grab N4 N4 1Rtnth Grab M Mimth Grab 1/Day Grab NQ 1.8 nrg/l 0.05 kg/d IMMth Grab NA 2.9 rrg/l 0.06 kg/d 1/h" Gab 5.0 1/Day Grab U2$/UI/Ul rni 11.41 rAA ;)gvIog00Y , „rmit No. VA0029653 Part I Page 3 of 8 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/l for any one calendar month. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. C. These TRC concentrations may be lowered where the per-mittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non -detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non -detectable TRC concentration. Where the TRC concentration is within the limit of BA, the permittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall be taken within 45 minutes after the original sample. Should.this TRC sample measurement indicate a non -detectable concentration, then the original sample shall be considered as being in compliance with the perrait limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of BA., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non -detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit limitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (DMR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 mg/1. 09/07/01 FRI 11:43 FAX 5404345841 iriau udrrisuuuurb . ermit No. VA0029653 Part I Page 4 of S 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permittee as specified below: Discharge Limitations Monitoring Requirements Monthly Av_R, Frequency Sample Type Fecal Coliform 200 (n/100 ml) (Geometric Mean) 1/Week Grab Between 10 a.m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.1-4. 09/07/01 IcRl 11:43 FAX 5404345841 rrlaa tlarrlsonDurB C. SCHEDULE OF COMPLIANCE , :,rmit No. VA0029653 Part I Page 5 of 8 The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1, Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit 2. Report of progress By January 10, 1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. 3. Achieve compliance with final Within 4 years after the effective date of this limits permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement, VA/ V I Vl 1'1\1 V 11A 04VYJY V V `11 I ermit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS The Quantification Level for Ammonia-N shall be 0.2 mg/l. 2. Compliance a Monthly Average Limit Compliance with the monthly average limitations for .Ammonia-N shall be determined as follows; All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shall be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia-N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit UU/U!/V1 fAl 11-" rNA 3YU909U041 rermit No. VA0029653 Part I Page 7 of 8 E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers -- The permittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: a. Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. 3. CTC, CTO, O & M Manual Requirements -- The permittee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastedvater treatment facilities an d operating the facilities respectively. UUlutlul Phi 11:44 FAX 5404345841 rriaa iiarrisonourK l,rmit No. VA0029653 Part 1 Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (O & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised 0 & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or 0 & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement -- No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class 1V operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ-Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. 5. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the perruittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the submitted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. Uy/U//Ul IM 11:40 PAX 04U4J45841 perm, .4o. VA0029653 Part H Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS A. Monitoring 1. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. B. ReQo ds 1. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. 1. The permittee shall submit the results of the monitoring required by this permit not later than the 1 Oth day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to: uu/u!/ul rhi 11:4J NAA 04u4:345841 Permi_ .Jo. VA0029653 Part II Page 2 of 11 Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. D. Du to Provide Information The permittee shall furnish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this pemvt. The Board may require the pemvttee to famish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the Department upon request, copies of records required to be kept by this permit. E. Compliance Schedule Rer�orts Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. Unauthodzed Discharges Except in compliance with this permit, or another permit issued by the Board, it shall be unlawful for any person to: Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or del eterious substances; or Perm, .vu. VA0029653 Part 11 Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of Unauthorized Disth—u= Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part H.F.; or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part II.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of Unusual or Extraordinaa Discharm If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the perznittee shall promptly notify, in no case later than 24 hours, the Department by -telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including a-ny adverse affects on aquatic life and the known number of {Wish killed. The permittee shall reduces the report to writing and shall submit it to the Department vrithin five days of discovery of the discharge in accordance with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; Vol V I / V 1 Perna► No. VA0029653 Part 11 Page 4 of 11 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. 1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case -by -case basis for reports of noncompliance under Part H.I. if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts II.I.1. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part 11.1.2. NOTE: The immediate (within 24 hours) reports required in Parts U. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulf_ll the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. 1. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: vof v I I - ,, ­rna Perm- o. V A0029653 Part Il Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. K. Sinatory Requirements 1. Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or U9/UI/U1 VAI 11:4! FAX b4U434b641 1I'lau tldI'I'1SUllULL1'b Penwt No.-/A0029653 Part II Page 6 of 11 b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part U.K.1., or by a duly authorized representative of that person. A person is a duly authorized repr'c--sentative only if: a. The authorization is made in writing by a person described in Part II.K.1.; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Departrnent- 3. Changes to authorization. If an authorization under Part II.K.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II.K.2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Parts II.K. l . or 2. shall make the following certification: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the informatiori. submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submatted is, to the best of my lmowledge and belief, true, accurate, and complete. 1 am aware that there are Oulutlul Phi 11:41 PAX b4U434b841 11'1du Pen,.,c No. VA0029653 Part II Page 7 of 11 significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The perm ittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. M. Duty to�ply If the permit -tee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before tine expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. N. Effect of a -Permit This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of Federal, State or local law or regulations. 0, State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part H.U.), and "upset" (Part II.V.) nothing in this permit shall be construed to relieve the pennittee from civil and criminal penalties for noncompliance. uuluriui t'K1 li:4n FAX 5404345841 Triad Harrisonburg W.J V 1 O P. Oil and Hazardous Subst ca i i bility Pe=' No. VA0029653 Part Il Page 8 of 1 1 Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. PTITIM M., The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee, to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permttee only when the operation is necessary to achieve compliance with the conditions of this permit. R. Disposal of Solids or Sludges Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Duty to IVlitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt or Reduce Activity not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 1. "Bypass" means the intentional diversion of waste streams from any portion of a tre,atrrient facility. The pernttee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assume efficient operation. These bypasses are not subject to the provisions of Parts II.U-2. and U.3. 09/07/01 FRI 11:48 FAX 5404345841 Triad Harrisonburg WJU1a perm, No. VA0029653 Part H Page 9 of 11 2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part ILL 3. Prohibition of bypass V. [ et a. Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe Property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted -notices as required under Part II.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part II.U.3.a. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of part II.V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate) through properly signed, contemporaneous operating logs, or other relevant evidence that: vo. v.. — ..1. it - moo rnA aLiu 9J900Y1 11'1du ntat't'1buuuui'6 Permi, No. VA0029653 Part 11 Page 10 of 11 a. An upset occurred and that the permittee can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; The permittee submitted notice of the upset as required in Part'II.I.; and d. The permittee complied with any remedial measures required under Part H.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. X. Permit Actions Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permiftee for a permit modification, revocation and reissuance, or termination, or a notification ofplanned changes or anticipated noncompliance does not stay any permit condition. 09/07/01 FR. 11:49 FAA 5404345841 Triad Harrisonburg Pero,.. No. VA0029653 Part II Page 11 of 1 I 1 • Permits are not transferable to any person except after notice to the Department. Except as provided in Part II.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part II.Y. I., this permit may be automatically transferred to a new permittee if: a. The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new penmittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II.Y.2.b. Z. Severabil ty The provisions of this permit are severable, and if any provision of this permit or the application Of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. OUTPUT MODULE APPLICANT: PIN 44-A-294 Net Fiscal Impact LAND USE TYPE business Costs of 1mpaa! LCie_d2. NEU7 KODULE—Cfediislo-baJake REAL EST VAL 53,861,500 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 1 CapitaLEaCiltiies col sum only) QpeL_Cap_E_QviP Expaod/Debt S LaXes_QJbe[ Fire and Rescue Department S20,145 Elementary Schools 50 Middle Schools SO SO SO High Schools SO Parks and Recreation SO SO Public Library SO S0 Sheriffs Offices So S1,228 So So Administration Building SO $0 Other Miscellaneous Facilities SO 514,238 S2,865 SUBTOTAL S20,145 515,467 $2,865 SO LESS: NET FISCAL IMPACT S685,749 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per CUnadlvAed) CosL&alance EacilitieslmRact Dwellio9-Unit SO SO S20,145 ERR SO SO SO ERR SO SO SO ERR 50 $0 SO ERR 51,228 S1,228 SO ERR SO SO SO ERR $17,104 517,104 $0 ERR 518,332 518,332 $1,813 ERR $685,749 $685,749 ($685.749) FRE Sol ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. S. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10/15/01 ERL P.I.N. 44-A-294 Rezoning: Assumes10 acres zoned B2, utilizing the existing 38,615 square feet of finished area Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. IMPACT ANALYSIS STATEMENT A PROPOSED REZONING For PARCEL ID 44-((A))-294 Stonewall Magisterial District Frederick County, Virginia September 2001 Prepared For: County Court Reporters, Inc - Purchasers Missionary Servants of the Most Holy Trinity - Owners Prepared By: Triad Engineering, Inc. 200 Aviation Drive PO Box 2397 Winchester, Virginia 22604 540.667.9300 - Phone 540.667.2260 — Fax officc@d'triad-winc.com www.triadeng.com Impact Analysis Statement Jordan Springs Table of Contents 1 Introduction................................................................................................... 1 2 Site Suitability................................................................................................ 2.1 100 Year Flood Plain.............................................................................. 1 2.2 Wetlands................................................................................................ 2.3 Steep Slopes.......................................................................................... 2.4 Mature Woodlands................................................................................. 2.5 Soils....................................................................................................... 2.6 Comprehensive Planning....................................................................... 1 3 Surrounding Properties................................................................................. 3.1 Nuisance Factors................................................................................... 4 Traffic............................................................................................................ 5 Sewage Conveyance and Treatment............................................................ 2 6 Water Supply................................................................................................. 7 Drainage........................................................................................................ 2 8 Solid Waste Disposal Facilities...................................................................... 2 9 Historic Sites and Structures......................................................................... 2 10 Impact On Community Facilities................................................................ 10.1 Education............................................................................................... 10.2 Emergency Services.............................................................................. 3 10.3 Parks and Recreation............................................................................. 3 Impact Analysis Statement Jordan Springs 1 INTRODUCTION The subject parcels contain a total of 10.33 (+/-) acres. The property is located on the West Side of Jordan Springs Road (VA Route 664) approximately 4.5 miles northeast of the City of Winchester, VA. The property is currently zoned RA (Rural Areas District) with limiting non -conforming rights, and the owner and purchaser desire to change the zoning to B-2 (Business General District) with a HA (Historic District Overlay). The intended purpose of this zoning is to allow of the continuation of the use, preserve the existing structures and to provide for office space for County Court Reportors, Inc. 2 SITE SUITABILITY The site is very well suited for limited development of the existing structures with restoration and preservation measures. The existing structures have been used for more intense uses than the proposed use. 2.1 100 YEAR FLOOD PLAIN A portion of the property is located within Zone A (100-year flood plain) along Hiatt Run. The existing structures are located outside of Zone A. No development is planned that would impact the existing flood plain of Hiatt Run. Map 5100630110B 2.2 WETLANDS There are no observed wetlands within the boundaries of the parcel. Additionally, there is no observed hydrophilic flora that might suggest the potential for wetland reclassification. 2.3 STEEP SLOPES The site contains steep slopes to the southeast of the main existing structure. 2.4 MATURE WOODLANDS The site contains trees and woodland areas. 2.5 SOILS There are no critical soil areas identified on the site. 2.6 COMPREHENSIVE PLANNING The property is outside of the Urban Development Area. 3 SURROUNDING PROPERTIES The property to be zoned is bordered on all sides by land owned by the Missionary Servants of the Most Holy Trinity and is vacant undeveloped land. Properties adjoining the entire parcel owned by the Missionary Servants of the Most Holy Trinity are either vacant undeveloped or residential (large lot) properties. Page 1 Impact Analysis Statement Jordan Springs 3.1 NUISANCE FACTORS There are no anticipated nuisance factors inappropriate to the zoning. No air or water pollution sources will be generated, and the noise potential is not expected to reach the 75 dBa threshold for nuisance as noted in the Frederick County Zoning Ordinance 165-35-(H). There are no anticipated residential impacts. 4 TRAFFIC The parcel has approximately 500+/- of frontage to Route 664, Jordan Springs Road. The average two-way weekday 24-hour volume for 25 employees is 91 vehicle trips with 12/2 and 2/11 (enter/exit) during AM and PM peak hours. See attached Trip Generation Calculations. 5 SEWAGE CONVEYANCE AND TREATMENT The property is served by Department of Environmental Quality (DEQ) permit VA0029653. A copy is attached for review. The proposed use of County Court Reporters, Inc. is within the limits of the permit. 6 WATER SUPPLY A private provides water supply well. 7 DRAINAGE The site has no identified drainage problems. The property slopes from the northwest to the southeast. No increase in storm water runoff can be expected with development of the property since no new structures or parking areas are anticipated. 8 SOLID WASTE DISPOSAL FACILITIES No additional solid waste disposal facilities will be required for the proposed rezoning. 9 HISTORIC SITES AND STRUCTURES The site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County inventory of sites. See attached information. 10 IMPACT ON COMMUNITY FACILITIES This rezoning request is to change from RA (Rural Area District) with allowed non -conforming rights to conduct certain uses to B-2 (Business General District) with HA overlay. There are anticipated to be no significant impacts to community facilities. 10.1 EDUCATION No impacts to education facilities are anticipated. Page 2 Impact Analysis Statement Jordan Springs 10.2 EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is Clearbrook. No additional police, fire, or rescue facilities will be required due to the rezoning. 10.3 PARKS AND RECREATION No impacts to parks and recreation facilities are anticipated. Page 3 IMPACT ANALYSIS STATEMENT Traffic Analysis Summary County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 25 Employees of Single Tenant Office Building October 10, 2001 Avg. Min. Max. No. Trip Trip Trip Std. of Rate Rate Rate Dev. Studies Avg. Weekday 2-Way Volume 3.62 2.09 7.61 2.41 14 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 0 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 7-9 AM Peak Hour Total 0.52 0.27 1.01 0.74 37 4-6 PM Peak Hour Enter 0.08 0.04 0.16 0.00 0 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total 0.50 0.29 1.08 0.72 37 AM Pk Hr, Generator, Enter 0.46 0.24 0.90 0.00 0 AM Pk Hr, Generator, Exit 0.06 0.03 0.11 0.00 0 AM Pk Hr, Generator, Total 0.52 0.27 1.01 0.74 37 PM Pk Hr, Generator, Enter 0.08 0.04 0.16 0.00 0 PM Pk Hr, Generator, Exit 0.43 0.25 0.92 0.00 0 PM Pk Hr, Generator, Total 0.50 0.29 1.08 0.72 37 Saturday 2-Way Volume 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2-Way Volume 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Total 0.00 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 25 Employees of Single Tenant Office Building October 10, 2001 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 3.62 2.41 1.00 91 7-9 AM Peak Hour Enter 0.46 0.00 1.00 12 7-9 AM Peak Hour Exit 0.06 0.00 1.00 2 7-9 AM Peak Hour Total 0.52 0.74 1.00 13 4-6 PM Peak Hour Enter 0.08 0.00 1.00 2 4-6 PM Peak Hour Exit 0.43 0.00 1.00 11 4-6 PM Peak Hour Total 0.50 0.72 1.00 13 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data availa]Qle. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 25 Employees of Single Tenant Office Building October 10, 2001 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 91 12 2 2 11 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 0 0 0 Sunday 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 17 Employees of Single Tenant Office Building October 10, 2001 Avg. Min. Max. No. Trip Trip Trip Std. of Rate Rate Rate Dev. Studies Avg. Weekday 2-Way Volume 3.62 2.09 7.61 2.41 14 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 0 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 7-9 AM Peak Hour Total 0.52 0.27 1.01 0.74 37 4-6 PM Peak Hour Enter 0.08 0.04 0.16 0.00 0 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total 0.50 0.29 1.08 0.72 37 AM Pk Hr, Generator, Enter 0.46 0.24 0.90 0.00 0 AM Pk Hr, Generator, Exit 0.06 0.03 0.11 0.00 0 AM Pk Hr, Generator, Total 0.52 0.27 1.01 0.74 37 PM Pk Hr, Generator, Enter 0.08 0.04 0.16 0.00 0 PM Pk Hr, Generator, Exit 0.43 0.25 0.92 0.00 0 PM Pk Hr, Generator, Total 0.50 0.29 1.08 0.72 37 Saturday 2-Way Volume 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2-Way Volume 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Total 0.00 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 17 Employees of Single Tenant Office Building October 10, 2001 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 3.62 2.41 1.00 62 7-9 AM Peak Hour Enter 0.46 0.00 1.00 8 7-9 AM Peak Hour Exit 0.06 0.00 1.00 1 7-9 AM Peak Hour Total 0.52 0.74 1.00 9 4-6 PM Peak Hour Enter 0.08 0.00 1.00 1 4-6 PM Peak Hour Exit 0.43 0.00 1.00 7 4-6 PM Peak Hour Total 0.50 0.72 1.00 9 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 17 Employees of Single Tenant Office Building October 10, 2001 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 62 8 1 1 7 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 0 0 0 Sunday 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP'GENERATION BY MICROTRANS MPACT ANALYSIS STATEMENT Sewage Conveyance and Treatment COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM 0 THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended dd pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictus, Inc. Facility Name: shalom et Benedictus STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac section. 11 Class: IV special Standards: pH The authorized discharge shall be in accordance with this cover page, Part' I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable Ta All VPDES Permits, as set forth herein. ector, Dep tmen -of Quality Date PART 1 A. INTMIM EFFU2ff LIMITATICtS PAD KNITCRUNG RECUIFOIENIS Perini t No. VAM29653 Page 1 of 8 1. DAT bt period begimirg with the pott's effectltR date and lastiig ultil the mRfit umErTt of discharge frQn the L47aded facility in acoordam_e with the Sdvdjle of Cmlpliarce in Part 1.C.. the penmittee is authorized to discharge frnmm outfall serial cumber 001. Strh discharges shall be limited and amitored by the permittee as specified below: FRLLEur QiN;4G ERr5TIC5 01529GE LIMITATIONS K)NITOMIr5 WWIRR N� t,�hly Aver a4e Ffedcly Average Minim M3 m �r 4Y Samle TYOP Flan (M;D)= t1- � N_ 1/oay Estirmate p4 (standard wits) t!A NA 6.5 9.5 ]./flay Crab 8C� 30 mn3/l 0.8 kg/d 45 Rg/l 1.2 kg/d 1Rknth Grab SLWxfed Solids 78 ag/l 2.1 kg/d 117 ag/l 3.1 kg/d H4 NA 1MDrith Grab Total Pesidlal Chlorine Mr-) (rq/1)' fy4 M N4 N4 1/[kZy Grab tL - Pb Lirnitaticn. mlitoring mired M - tbt AFplicable 2. The desigi flo,4 of this treatrrmt facility is 0.007 MD. 3. See Part I.B. for TRC limitations. 4. There shall be no discharge of floating solids or visible foan in other than trace arants. Permit No. VA0029653 Page 2 of 8 PPRT I A. FIWL UR_ OT LIMITATICNS NU "ITCRM R®JIFO-e S 1. Upcn mmiarsnart of discharge fmn the upgraded facility. the following effluent limitations and mxritorirg regjirerents shall ber_are effective at cutfall serial nnber 001 and remin in pffect cntil the pnit's epiratUn date. qj� dlsc�m shall b limdt8d and Rrnitar' d �Y the Mmittee as sP ifiOd below: FFF1 IFNT CIWAM15E DID LIMITATIM "TTCRM REQ22RU Mxrthly Average Week IY Average n1�i imnl '�� F SaTol e� N` NA iyA 1/Day Estimate Flan (M3�)Z N4 6.5 9.5 1/Day Grab pH (standard units) cK[� (Are - %vTber) 16 m3/1 0.42 kg/d 24 ag/l 0.64 kg/d NA N° IfHmth Grab 03A (Dea - ray) 25 mg/l 0.66 kg/d 40 mg/l 1.06 kg/d NA N4 1Mmth Grab Susparded Solids 30 m3/1 0.8 kg/d 45 mg/l 1.2 kg/d N4 N4 Imalth Grab Total Residmal Chlorine (TRC) (ffg/1)' m NA N4 N4 VDay Grab Ammla-N (Jm.ne - �bveter)' 1.8 ng/l 0.05 kg/d N4 N4 1.8 m3/1 0.05 kg/d IMYTth Grab Ammia-N (Da ber - 1114y)` 2.9 mg/l 0.08 kg/d N4 N4 2.9 mg/l 0.06 kg/d 1/Mx Grab Qissolved DXyggr (mg/1) M N4 5.0 N4 1/ilay Grab - Pb Limitaticn, amitoring reqjired Ml e Not Pfplicable 2. the design flop+ of this treatn2nt facility is 0.007 MM. 3. See Part I.B. for 1RC limitations, 4. See Part I.D. for additioral amitoring instructions. S. There shall be ro discharge of floating solids or visible fain in other than trace we nts. V J i V r i V 1 i' i\ 1 .i L. z V V !1 A V Y V Y V Y V V 4 1 I. .;rmit No. VA0029653 Part I Page 3 of 8 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/1 for any one calendar month. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non -detectable. This TRC concentration shall be measured using one of the following procedures; a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non -detectable TRC concentration. Where the TRC concentration is within the limit of B.4., the permittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall betaken within. 45 minutes after the original sample. Should.this TRC sample measurement indicate a non -detectable concentration, then the original sample shall be considered as being in compliance with the permit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of B.4., then a second additional sample shall be taken within 15 rninutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non -detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit limitation in 13.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (I)MR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed I.0 mg/l. . ermit No. VA0029653 Part I Page 4 of 8 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permittee as specified below: Discharge -Limitations Monitoring Requirements Monthly Avg. Frequency Samp-le Type Fecal Coliform 200 1/Week Grab (n/100 ml) (Geometric Mean) Between 10 a.m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.1-4. C �rmit No. VA0029653 Part I Page 5 of 8 SCHEDULE OF COMPLIANCE The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit 2. Report of progress By January 10,1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. 3. Achieve compliance with final Within 4 years after the effective date of this limits permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. ermit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS The Quantification Level for Ammonia-N shall be 0.2 mg/l. 2. Compliance a. Monthly Average Limit Compliance with the monthly average limitations for Ammonia-N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shall be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia-N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit rermit No. VA0029653 Part I Page 7 of 8 E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers -- The pem-ittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: a. Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. 3. CTC, CTO, O & M Manual Requirements -- The permittee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities and operating the facilities respectively. VJ/ V I / 11na J'IV 4040041 1 ermit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (O & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised 0 & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or 0 & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement — No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virgirua and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ-Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the permittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the subrrutted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. Perm, .4o, VA0029653 Part Il Page I of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS A. Monitoring Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. B. Records Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this pen -nit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. C. Reps ing Monitoring Results The permittee shall submit the results of the monitoring required by this permit not later than the 1 Oth day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to: Penni_ .Jo. V A0029653 Part II Page 2 of 11 Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this pemvt, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. D. Duty to Provide Information The permittee shall furnish to the Department, within a reasonable time, any information which the Board inay request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge onpurposes quality of of the State waters, or such other information as may be necessary to accomplish the State Water Control Law. The permittee shall also famish to the Department upon request, copies of records required to be kept by this permit. E. Compliance Schedule Reports Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. Unauthodzcd Disc arQes Except in compliance with this permit, or another permit issued by the Board, it shall be unlawful for any person to: 1. Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or Perm,. jo. V r.0029653 Part II Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of Unauthorized Dischg= Any permittee who discharges or causes or allows a discharge of sewage industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part H.F.; or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part H.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of unusual or Extraordingy Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; Perna► No. V A0029653 Part II Page 4 of I 1 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. I RePoTis of nc liane- The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. l . An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case -by -case basis for reports of noncompliance under Part H.I. if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts R.I.1. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part 11.I.2. NOTE: The immediate (within 24 hours) reports required in Parts 11. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: UU/UYI U1 I'M 11:41 FAX 54U434b641 1t'1dU t1d1'1'1JU11UU1'S Perm; o. V A0029653 Part II Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the' construction of which commenced: (1) After promulgation of standards of performance urider Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or C. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. K. SignaLQZLRgquirements Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or Pem,.t No. �A0029653 Part II Page 6 of 11 b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part II.K.1., or by a duly authorized representative of that person. A person is a duly authorized representative only if. a. The authorization is made in writing by a person described in Part II.K.1.; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Department_ Changes to. authorization. If an authorization under Part II.K.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II.K.2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Parts H.K. l . or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information subrni-tted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are Pen,.,c No. V A0029653 Part II Page 7 of 11 significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The pennittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. M. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the pem-vttee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. N. Effect of a Permit This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infiingement of Federal, State or local law or regulations. O. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the pemuttee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II.U.), and "upset" (Part II.V.) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. Perm,. rlo. vA0029653 Part II Page 8 of 11 P. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate Iaboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit. R. Disposal of Solids or Sludges Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need t H? It or Rcducc Activity not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts II.U_ 2. and U.3. Uzi/ UriUl CtXl li.- Fnn 04VYV'-- Perm., No. V A0029653 Part 11 Page 9 of 11 2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part H.I. 3. Prohibition of bypass a. Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (l) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part II.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part II.U.3.a. V. VWet 1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part II.V.2. are met. A determination made during adrninistrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: Perms, No. VA0029653 Part H Page 10 of I I a. An upset occurred and that the permittee can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in Part•U.I.; and d. The permittee complied with any remedial measures required under Part U.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. X. Permit Actions Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. .nn .�'fvy u�vuzl Pere,.. No. VA0029653 Part II Page 11 of 11 l . Permits are not transferable to any person except after notice to the Department. Except as provided in Part II.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the pen -nit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part II.Y.I., this permit may be automatically transferred to a new permittee if. a. The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II.Y.2.b. Z. Severability The provisions of this permit are severable, and if any provision of this permit or the application Of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. IMPACT ANALYSIS STATEMENT Historic Landmarks Survey Data 1 ri r- 11 '4 1 r. n I %-j r-� SURVEY 5362 1 SE !— ) 750 /ELI/VKER HILL 6 IVJ. 751 51 752 753 (INWOOD) INWOOD 8 &:1, 7" st WSJ]. Scb Pit Pit Q. A a M. BM 618. —633 6n �557 Her - vq- �t z. -Z Park H Einmanutl ..BM SM t-w 6 .602 Stephemon 1'r ox k, railer C) Park f C-:c. 375 m el, n N 6 4 6 75 urn e 41 C, t �614 sm e 52 i n Sermn .:t- 3hale Pit J, c �6 Q Ce id) Burnt i ... a .... _ _.. _ _ _ V _ ♦ i 1 .. 7erctrtmeet :i rstortc Resourcrs = X October ,6. 199 1 Shalom et Benedictus P. O. Box 8 Stephenson VA 22656 RE: Sulphur Spring Spa (Jordan Spring), Frederick County (DHR Ns 34-110) Dear Sir: At its October 19 meeting, the State Review Board determined that the Sulphur Spring Spa, also known as Jordan Spring, appears to meet the criteria for listing on the Virginia Landmarks Register and the National Register of Historic Places. The board concurs with the Department staff that this property appears to be eligible at the regional level for significance in the area of architecture and recreation. The staff of the Department of Historic Resources does not plan to prepare the national register nomination which is the required next step in the registration process, as our work program is fully scheduled for the remainder of the year and we normally limit our preparation of nominations to those properties for which the Department is accepting an easement. If you are interested in pursuing registration, I would recommend hiring a consultant or preparing the nomination yourself. I would be happy to assist someone with the preparation and upon request will send you a list of consultants and materials necessary to complete the nomination. Thank you for your interest in the register program. Should you have any questions or concerns regarding the registration process, please do not hesitate to contact me. Sincerely, James Christian Hill National Register Assistant REGI= ;VALUATION RATING SM :': T PROPERTY NAlYIE�� DATE RATTED /� 9-3 COUNTY/Cm DER File No. NR CRTTERIA 1. DHR T�hernejs: A / Evaluated Under: Criterion A Criterion B 2. YRHP Property Types:1'.�f�T70/V •--1��.C%%� Criterion C Criterion D 3. Resource Typeis: /�722E /9G -,q?0A,1 ✓la A4072E7 _ Criteria Exceptions: 4. Period/s of Significance: 1489d 5. Area/s of Significance: A)ZjL7W l Tel' ?, e � Adequacy of Existing Survey: T7o�,, //-- ASSIGN OF BASIC POINTS 1. Level of Significance 10 15 Local, Regional, State, National 5 0 2. Rarity of Property/Resource Type 0 1 2 3 4 5 6 70 8 3. Quality and/or Rarity of Design 5 6 7 8 and Workmanship 0 1 2 3 4� 4. Integrity 0 1 2 3 4 SO 6 7 8 5. Landscape Features 1 2 3 4 6. Contextual Integrity: (a) Generxi Surroundings 0 1 2 3 4 (b) Immed. Surroundings & Assoc. Resoumes 0 1 2 3 4 7. Archaeological Potential 0 1 O 3 4 7 8 8. Historical Significance & Associative Value 0 1 2 3 4 5 O ASSIGNMENT OF EXTRA POINTS f7 1. Unusually Good Representative of Type 0 1 2 3 2. Illustrates History of Ethnic & Cultural Minorities 0 1 2 3 3. Illustrates Distinctive Ways of Life Under -Represented on Register 0 1 2 3 4. Offers Exceptional Potential for Study and Interpretation 0 -1. 2 3 5. Visual Prominence as Landmark 0 1 2 3 6. Regional Representation on Register 0 1 2 3 • :.. �'� r. •'i: �„••w•¢!•.•..�u.- ~!-:i a' _ ., ,'.; ' `.'; - .ins -� •l';r•�T'r 16 - •, M:'�!. �� ' t !.: "�•f ... :ice ��;�JiYJ .4• �re •':./� .:' . f •• '�,, t..r1 • . ' • •�'r•..I; • �'y t lam.. R • r.,�. a �. ..• ' . � f ►'."�.�s: [;.'�4'v`.��i1V{Y�''s:}".'j •1?'�*ie^� Sulphur Spring Spa 34-110 Interior Analysis: High Victorian newel post, identical to the one at the Richard's House 34-32. Although the interior has been renovated to be used as a facility for substance abuse treatment, the work could easily be removed and the original parts of the building still be there such as the original staircase, windows, fluted trim w/ bull's eye corner blocks, decorative wooden motifs above segmental windows and doors and wrought iron colonettes in some of the rooms. DIVISION OF I-IICTORIC LANDMARKS SU. . FY FORM if Negative nots). 7 0079 1 0080 1 Historic name jCggdan White Sulfur Springs County/ lbwn/ City Rural Frederick County Street address or route number Rt, 664 Common name Shalom et Benidictus, Sulfur Spring Quad Date or period Mid 19th Century, 1870-1890 USGS Q Stephenson Architect/builder/craftsmen Original owner Branch Jordan unknown Original use Spa -Hotel Present owner Shalom Et Benidictus Source of name owners Source of date architectural evidence Pfcxnt owner address Stephenson, VA Stow 3 Present use drug and alcohol rehabilitation Foundation ang wall const'n 7-course American bond brick Acreage center. on a split-level stone foundation. 253 ages Roof type Hipped roof clad w/ asphalt shingle. State condition of structure and environs Excellent. State potential threats to structure None Note any archaeological interest This was the site of activity around the sulfur springs in the mid-18th century. Also, this is not the original building which was used as a hotel- there was another hi i burned. Sou�d be investigated for possible register potential? yes ID no O Is in very original condition. Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) The site of the sulfur springs were recognized for their healing value by the Indians, before white man settled this area of Frederick County. By 1747, Indians and white men were arguinc about who had rights to the spring. The land became part of the Littler grant and exchanged hands until 1834 when the then current owner; Branch Jordan, built a brick building on the sitE This building apparently burned as did some others which followed it. The present building whit is made of brick and stone seems to have been built in the late 19th century. It is of 7-courE American bond. It. is three -and -a -half stories on a split-level stone basement. The basement becomes a full level on the east side of the house. The building has brick piers running the entire height of the building. There are also gable dormers on the building; 3 on the front,l on the side, 2 on the rear. The building is L—shaped in plan with the rear wing being only 2'� stories. The building has 2/2 light windows; segmental arches over the openings except on the 3rd story where they are flat arches. There are 2 doors on the entry level, front of the building which have 4-light transoms above. The stone English basement of the building h as brick segmental arches over the openings. The building has a stepped brick cornice; exposed ra; ters in the eaves and some of the windows are paired. A 19-bay wrap -around porch which is 2 levels and 2 stories is found on the front and sides of the building. The supports are chamfer( columns. There is a sawn balustrade and plain handrail and exposed rafters in the eaves of the porch roof. The rear 2 story ell which gives the Spa its L—shape appears to have been added just a little bit later than the main building. It has a central brick chimney and integral 2-story porches -on its west side. There is a frame cabin(?) just NW of the train building. It is: 2 stories on a split-level base. ment; 3bays wide; symmetrical; has a gable roof with standing seam metal; 6/6 windows; louvere. shutters; ext. end brick chimney(unable to see the type of bond);fronted by a 3-bay, 1 level vernacular -nrcb with chamfered column supports, a plain handrail and cross -rail balustrade. Perhaps this was one of several cabins that were found on the property- ones that could be rented. The only other original outbuildings appear to be the frame shed located East of the house by the creek and the open octagonal springhouse located North of the house near the entrance to the property. It is a pergola wl a shallow conical roof. The supports are baseles Interior inspected? doric columns. Although, some of the parts of this garden structure have surely been-LGp1acedr-tbe f .the nr rP ;;rp Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) modern buildings on th property. One is a 2-story concrete block workshop located south of the main building. The oth is a 1 story brick office building located West of the main building. No, the interior was not inspected. The use of this building has changed several times since it was built. It was originally buil as a spa -hotel. The history of its ownership needs to be further researched, but briefly what occured is that it was in its peak of use in the late 19th Century when people would come by train from Baltimore, Washington, New York and Philadelphia to enjoy the water and the social life. The spa was abandoned for some years in the 20th century until it was bought by the Franklin Institute in 1950. They sold it in 1954 to the Catholic Church and it was used by the Mission Servants of the Holy Trinity Monastery until 1972. They did a lot of renovation to the building including replacing the swimming pool dressing rooms with a library and the ballroom with a chapel. They sold it to Shalom et Benidictus, a private, non-profit, non -denominational residential treatment community for teenagers with emotional or family -related probles, in 1972. The current owners have also done a lot of work to the building yet retained its archi- tectural integrity. This property should definitely be placed on the State and National Regist as it exemplifies an unusual building type from a "lost era". VIRGINIA sl HISTORIC LANDMARKS COMMISSION I� o. SURVEY FORM 3�-ll0 Filc Numbcr County Frederick Town Stephenson Street No. 14. of Rt, 664 at Jordan Spring USGSQuadNamc Stephenson Quad Datc 1966 Original Owner Jordan's Original Use Health Spa - Hotel Present Owner Shalom & Benedictus Present Owner Address Father Eric Willia Box A Present Use Stephenson, Va. Rehabilitation center Historic Name Sulfur Spring Spa Present Name Same Date or Period (exact or estimate) ea, 1843 Architect ---- Buildcr, craftsman, ctc. ----- Source of Name Father Eric Williams Source of Date It ° 11 No, stori (dormers count as % story): Wall construction Brick/ stone AcreagOnknown 4. Historical Significance (Chain of Tidc, Families and Events, etc., connected with the property) /This spa was originally run and built by the Jordan's. There was a hotel on the spot by 1843, and had been used before then as a health spa. The hotel probably burnt down several times, and the present structur probably dates to the 1870's. In 1950 the Franklin Institute bought the spa and owned it until 1954 when Mission Servants of Ylost Holy Trinity purchased it and used it as a monastary-type place, In January 1972, Shalom and Benedictus purchased the place and are using it for drug rehabilitation center, 5. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alrcrarions and additions) This is an extremely large structure, note that it is part brick. Note detail of ornament over the windows - photograph, I could not get inside for a ground plan. 6. Physical Condition Structure Grounds Neighhorhood Lxecllcnr Good Pair 1'uur State potential it mats to pecscrtatiun of structure None El L jot 40 aim tr r r • • +�. � � � : •M Ate.• r� ,`�,,�iP ;�'Y'r .• .• J .'1,�!�c�yrr' •,mow • ,�� dam; w�_.� flB •a- - 'rpp ..• r� tc �� �lrL- .y Q • � �� t e�a.��� Ste. �,�.� � �� • �':..: �• •, r��. �, POOR, w< r+l�T-'���,ai.•....«�,,,ier-„ary s�,�'y���'�'V 3 '.�` •, .i•::�� .� J�'Z` �� � n ,}' r ate•- y� * 7c� t 'r .� - �/+• wr�'� i' e+' AK'? LC +( MT' ';! ,1'r`:•j•Ma/�7 fit•" ry �t,►•�:. ._--�..N .. .+-. !•'� 9- ,�++ .V� - . .+ ��• 1—� '� .r�i •.�;'.:fir, •. 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'�`a?1,.,4 � •!' • - i a- iD lgwQl 3b Cq ' 0r fl NO Dill Y=s,� 1E MK• S� D- DM ^_1011 Sak I : X21 Do& b1 DWM WM is E 0 PROPEROUNDARY I t- TAX MAP PARCEL e iE t 44-A-294 I Z � - �I o TREEUNE a .l BUILDING BUILDING > ti I PARKING �o N PARKING BUILDING J D., d a TREELINE OWNERS: oPa MISSIONARY SERVANTS OF pa�y� THE MOST HOLY TRINITY o Z `0 �' APPROXIMATE SCALE. I" = 500' BUILD G �� cQ� NOTE: A"I THIS PLAN SHEET HAS BEEN DERIVED FROM AN i a TREES AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD — APPROXIMATE CHECKED. �^ a SCALE: 1" = 200' THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRESENTATION ONLY. 9 0 9 DATE: 10/10/2001 NAP NUMBER: 44 A 294 TICKET NO TAX PAYER ** REAL ESTATE TOTAL ** ** SANITARY TOTAL ** ** ST. LIGHT TOTAL ** ** NEWSPAPER TOTAL ** ***** GRAND TOTAL ***** COUNTY OF FREDERICK VIRGINIA REAL ESTATE TAX SEARCH PAYMENT HISTORY DEPT BASE TAX PENALTY INTEREST T4-X CAcmP r PAGE: 1 PAYMENTS lJ & __20 / #Bata+Hap-tHraru�r�r-tt-uaru-b-tr�rat#-r v-utrirtrtt,»#-uarar�r3rttta�-p-iHF � � � Q #470 W. H. M. STOVER, INCORPORATED # TO :: :: DEED # MISSIONARY SERVANTS OF THE MOST HOLY TRINITY �► THIS DEED made and dated this 24th day of April, 1954, by and between W. H. M. STOVER, INCORPORATED, a corporation created under the laws of the Stat( of Delaware, and authorized to do business in the Commonwealth of Virginia, hereinafter sometimes referred to as the "Grantor", party of the first part; and MISSIONARY SERVANT: OF THE MOST HOLY TRINITY, a corporation organized under the laws of the State of Alabama hereinafter sometimes referred to as the "Grantee", party of the second part. WITNESSETH: That for and in consideration of One Hundred and Forty Thousand Dollars ($140,000) cash, paid by the party of the second part to the party of the first part on or before the delivery of this deed, the receipt of which is hereby acknowledged, the party of the first part doth hereby grant, bargain, sell and convey, with general warranty of title, unto MISSIONARY SERVANTS OF THE MOST HOLY TRINIT its successors and assigns, the following described properties, containing in the aggre- gate Two Hundred and Fifty-seven (257) Acres, more or less, situate in Stonewall Magis- terial District, Frederick County, Virginia, and more particularly described as follows, to -wit: Tract 1: That certain tract of land, improved by a large brick hotel, and other buildings, known as the Jordan White Sulphur Springs Property, situate about five miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Gilbert M. Stover and Laura Helen Stover, his wife, bearing date February 26, 1947, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 199, at page 361;-said tract of land being more particularly described with re- ference to the plat and survey thereof made by Richard U. Goode, Certified Surveyor, dated June 4, 1952, attached to and made a part of a certain deed of trust from the party of the first part to J. Sloan Kuykendall and Wayne A. Whitham, Trustees, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 120, as follows: "Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover; thence with Bailey N 63-j deg. E 1174 ft. to (2) a point in the center of Road No. 664 and in line with the South fence line of the land of Bailey; -thence with the center of Road No. 664 for the following 3 courses: 1V 161 deg. E 152 ft. to (3); thence N 8- deg. E 224 ft. to (4); thence N 20 deg. W 333 ft to (5) a point in the center of Road No. 664 and in line with the South fence line of the land of Lockhart; thence with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorff S 15 deg. 05 min. E 838 ft. to (7) a black oak three a corner to Orndorff; thence S 82 deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) a post in a fence corner; thence S 63 3/4 deg. W 1116 ft. to (11) a Point in the center of Road No. 664 and in line with the South fence line of the land ., of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell' land on the West side of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fence; thence N 36j- deg. W 1494 ft. to the point of beginning contain ing 74.49 acres, more or less." Tract 2: That certain tract of land, together with the improve— ments thereon and the appurtenances thereunto belonging, situate on the north side of Road No. 660, about four and .one—half miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of th first part by deed from Joseph A. Massie, Jr., Administrator de bonis non, cum testamen annexo of the Estate of H. J. Benner, deceased, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 117, wherein said tract of land is more particularly described as follows: "Beginning at (1) a point in the center of Road lvo. 664 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North.fence line of the land of Rexrode N 841 deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road ivo. 660 with the Last line of Bart's land; thencei with the East fence line of the land of hart and then with the Last fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thenc with Rutherford for the following Four courses: S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 56-j deg. W 900 feet to (6) a set. stone at a fence corner; thence N l71 deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey N 47}- deg. E 2327 feet to (9) a set stone near a fence corner; thenc with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence N 50 deg E 825 feet to (11) a cherry tree in a fence corner; thence with -Bailey and then with the land of W. H. M. Stover S 36-- deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23-1 deg. E 387 feet to the point of beginni g, containing 183.01 acres, more or less." A reference to said plats, said deeds and deed of trust, and the references contained in said deeds and deed of trust, is here made for further and more particular descriptions of the properties herein conveyed. This deed, and the conveyances herein contained, are made aubjec to all the reservations, restrictions, rights of way and covenants contained in the aforesaid deed, and contained in the deeds referred to in the aforesaid deed, and IF otherwise of public record. Also, in consideration of the aforesaid purchase price, the Grantor does hereby sell, nsfer, assign and set over unto a Grantee all of those certain articles of personal property listed and described on those certain sheets of paper, marked "Inventory", attached to this deed and made a part hereof. The Grantor covenants that it has the right to convey the title to the said properties; that due and proper action has been taken by W. H. M. Stover, Incorporated, directing the sale and conveyance of the within described properties; that the properties are free of liens and encumbrances, and that the Grantor will execute such further assurances of title as may be requisite. Witness the signature of W. H. M. Stover, Incorporated, by Georgel M. Stover, its First Vice President, and the seal of said corporation, duly affixed and attested by W. H. M. Stover, its Secretary. (SEAL) Attest: W. H. M. STOVER becrezary ii it"****4t-7f- HF3}ititikiNfitii-tt REVENUE STAMPS $154.00 CANCELLED ;f #tt-tf-tt�ttt ##irittttt �titit-�eft-trft-tttf State of Virginia County of Frederick, to -wit: W. H. M. STOVER, INCORPORATE By GEORGE M. STOVE emirs ice res I, Blanche L. Roe, a Notary Public in and for the County of Frederick, State of Virginia, hereby certify that George M. Stover and W. H. M. Stover, First Vice President and Secretary, respectively, of W. H. M. Stover, Incorporated, who: names are signed to the foregoing and annexed writing, bearing date on the 24th day of April, 1954, have personally appeared before me and acknowledged the same in my County and State aforesaid. My Commission as Notary Public expires July 9, 1955. Given under my hand and official Notarial Seal this 24th day of April, 1954. (SEAL) ITEM BASEMENT Seven foot mirror Step Ladder Garden Hose Stable brooms Wire Brush Work Bench & Vise Scythe and Snath Shovel Rake - Garden Iron Wedge Small Hand Saw Rasp Alemite gun Wheelbarrow Coil of insulated copper wire 24 ' extension ladder 3 x 7 table Axe INVENTORY OF MOVABLE EQUIPMENT JORDAN'S WHITE SULPHUR SPRINGS March 2, 1951 UNIT QUANTITY PRICE 1 1 200 feet 2 1 1 1 1 1 1 1 1 1 1 BLANCHE L. ROE vo ary Public VALUE $ 25.00 5.00 50.00 15.00 45.00 17.50 4.50 1.50 C.F RCB FIRST FLOOR (Lobby) 27 Inch Toro Lawn Mower - Power Driven 1 New $285.00 2-1/2 H.P. 24 " " " " - Power Driven 2-1/4 H.P. 1 New 225.00 Picture of Coliseum (framed) 1 25.00 Picture of Classical Ruins (framed) 1 25.00 Rocking Chairs 5a $ 9.00 45.00 Army Cot 1 5.00 (BALL ROOM) Yacht Chairs 42a $ 5.00 $210.00 Rocking Chairs 6a 9.00 54.00 Rustic Picnic Tables 2a 30.00 60.00 Rustic Lunch Tables 2a 10.00 20.00 Rustic Chairs for Tables 8a 5.00 40.00 Rustic Settees 3a 25.00 75.00 Rustic Chairs 6a 15.00 9Q,A0. Hickory Armed Settees 2a 18.00 36.00 Hickory Chairs 4a 15.00 60.00 Metal Lawn Table with Parasol la 30.00 Metal Chair la 5.00 Total, Page L ..... $1,395.00 .20 piano player rolls $100.00 Roger C. Butts Ball Room, First Floor cont'd. Ping Pong Tables - Nevi 2a $ 45.00 $ 90.00 Fire Place Andirons 1 set Fire Place Screen 1 Oak Side Board 1 75�� Golf Club Rack 1 20.00 Ping Pone Paddle Rack 1 10.00 Plastic Croquet Sets (4 Play) 2a IU.0U 20.00 Childrens' Croquet Sets 2a 5.00 10.00 Shuffle Board Pushers 6 25.00 Bamboo Lawn Rakes 2 Badminton Net 1 -TO-.U0-- Table Tennis Sets 2 Oak Two Door Cabinet 1- DINING ROOM, FIRST FLOOR Bakelite Top Tables, 30 x 30 5a :b 15.00 $ 75.00 " " It 24 x 24 4a 12.50 50.00 Dining Room Chairs 35a 5.00 175.00 Wall Cabinets for dishes (10 ft. high, 2a 100.00 200.00 glass doors) PANTRY, FIRST FLOOR 300 Pound Ice Box 1 $ 100.00 Wall Cabinets for dishes - 10 ft. high, 3a 300.00 glass doors Step Ladder 1 Water Bucket 1 KITCHEN, FIRST FLOOR Heavy Table 3" x 6' x 33"- Meat Carving 1 $ 500.00 3 Unit Gas Stove (4 burners each with ovens) 1 300.00 Hot Water Heater 1 100.00 Garbage Pail 1 SECOND FLOOR Rocking Chairs 5a $ 18.00 $ 90.00 Ocasional Chairs 21a 15.00 315.00 Dressers lla 35.00 365.00 Stands 4a 8.00 32.00 Floor 4a 25.00 100.00 -Lamps ,'Mirrors 7a 20.00 140.00 Rugs . 17a 2.00 34.00 Canvas Cots - Army 8a 5.00 40.00 Total, Page 2 ........ $3,346.00 Roger C. Butts SECOND FLOOR (cont'd Waste Paper Baskets 15a $ i j $ 15.00 Steel Cots (with mattresses) Roll Away 2a 30.00 60.00 Steel Cot (with mattress) la 10.00 10.00 Dressing Tables 2a Single Beds with Coil Springs & inner- spring mattresses (Simmons) 4a 150.00 600.00 Double Beds (Ditto) lla 100.00 1100.00 Pillows 21a 4.00 84.00 Spreads 9a 2.00 14,04. Sheets 22a 3.00 66.00 Pillow Cases as 1.00 8.00 Towels 22a 1.00 22.00 Wash Cloths 10a 1.00 Hammock la 5.00 Floor Mops 2a Brooms 2a Water Bucket la Shower Curtains 2a Slop Jars 2a _775u- -5:00- Steel Cabint - Kitchen la 30.00 Oil Heater-- 6 room automatic circulator la 75.00 Coat Hangers 175a Ash Trays 15a C OT TAGE Oil Heater (6 room automatic circulator la $ 75.00 Tables (rou h) 2a �O- 10.00 Frigidaire (used) la 50.00 Gas Stove (4 burner - used) la 100.00 Water Bucket la What -Not Cabinet la 9 x 12 rug la 10.OU Iron cot, mattress & spring la 5.00 Rocking Chair la 9.00 Radio - Majestic - used la 25.00 Coat & Umbrella Rack - Mahogany Antique la 50.00 Pillow la Double Bed, Mattress & Spring 1 a .0. 0 Kellmer Organ la 50.00 Miller Organ la 35.00 Window Screens 9 x 10 rug IN THE OPEN Picnic Tables 22a $20.00 $330.00 Incinerator la Small Animal Cage la Three Seat Suspension Swing la 100.00� Rocking Type swings 2a ib.00- 30.00 Seesaws 2a 10.00 20.00 Small child's slide la 20.00 Total, Page 3 $3,068.00 Roger C. Butts MISCELLANEOUS ITEMS 5 Gallon Crock 1 $ 3.00 12 Gallon Crock 1 5.00 Pan 1 Dipper 1 Golf Putters 14a $7.00 98.00 Total .. $ 116.00 Above Items Unpriced, pages 1 through 4 $ 75.00 Chloringting Machine $450.00 Page 1 - 1,395.00 Page 2 3,346.00 13,068-00 Page 3 Page 4 - 116.00 $7,925.00 75.00 $8,000.00 Total $8,000.00 Roger C. Butts Franklin Development Foundation, Inc. 0 6. Further, the following additional property now located in and about the kitchen will be transferred from Franklin to Stover; 1 Kitchen Aid Coffee Mill 1 Coffee Urn - 3 piece Stainless Steel 1 Coffee Urn Stand, Stainless Steel To Oren Base 1 Champion Dishwasher - Stainless Steel (8 China Trays - 4 Silver Trays) 4 Dish Carts - Steel - Rubber Tired Wheels 1 General Food Grinder #35211 (Elec) 1 10 Qt. Hobart Mixer 1 Meat Block 1 Mop Bucket Outfit complete with 2 buckets, dolly and wringer 1 Potato Cutter 1 Univex Potato Peeler 1 Victor Walk-in Refriggerator 350 1 Victor Walk-in Deep Freezo Refrigerator 0' 1 Beam Scale 1 Globe Meat Slicer 1 Duke Steam Table (Gas).with 7 steam table pans 1 Hotpoint Electric Commercial Stove (1 0vcn) 1 Hotpoint Electric Commercial Fry Kettle 2 Silex Two Unit Coffee Warmers (Bloc) with 6 glass Decanters 1 Dining Room Servin Table - wood and linoleum construction Cafeteria Style) 2 1 gallon Thermos Jugs Kysite Trays (Cafeteria Trays) 21 Salad Oil Bottles 68 Salt & Pepper Shakers (Glass, Metal Tops) 29 Sugar Bowls, China 44 Oatmeal Bowls, China 119 Coffee Cups, China 127 Coffee Cup Saucers, China 125 3-1/2" Fruit or Dessert Dishes, China 22 Cream Pitchers, China 138 8" Dinner Plates, China 130 4-1/2" Salad or Dessert Plates, China 82 10oz. Water Glasses 65 5 oz. Juice Glasses 24 Dripcut Syrup Dispensers, Glass (Metal Tops - Plastic handles; 134 Stainless Steel Dinner Forks. 132 Stainless Stool Dinner Knives 241 Stainless Steel Tea Spoons 144 Dessert Stainless Steel Spoons 72 Stainless Steel Table Spoons 2 Mixing Bowls (small size, aluminum) 1 Can Opener, (Wall Type) 1 Eklund Heavy Duty Can Opener 3 Witt Garbage Cans & Covers 1 Universal Food Chopper (small size) 1 Meat Cleaver 1 Corkscrew 1 Dish Drainer 1 Aluminum Double Boiler (largo size) 3 Stool Flesh Forks (2 medium, 1 largo size) 1 Griddle 1 Meat Hook 2 Ice Cream Dishers 2 Grapefruit Knives 3 6 oz. Ladles 1 Aluminum Pitcher 1 Pan. Stainless Steel 2 Hotel Pans, Stainless Steel 2 Cake Pans, Aluminum Pans 14 x 26 1 Dish Pan, Enamel 1 Dust Pan 3 Sauce Pans, Aluminum 1 Stock Pot Cover, aluminum 2 Stock Pots with covers, aluminum 3 10" Pie Pans, tin 1 Rolling Pin (Wood) 2 Roasters 1 Meat Saw 2 8" Cast Iron Skillets 1 12" Cast Iron Skillet 1 Meat Tenderizer 1 Pr. 9" Stainless Steel Tongs 1 Pr. 6" Stainless Steel Tongs 2 Double Boilers, aluminum 1 Wire Brush (meat block) 1 Retinned Mixing Bowl 1 Pot Cover, aluminum 2 Pot Covers, aluminum 1 Cake Turner, stainless steel 1 cake turner, stainless steel 1 Witt '=arba e Can & Cover, Galvanized 4 St, Table Covers, stainless steel 1 Col -Lander 1 Biscuit Cutter, tin 2 Witt Garbage Cans & Covers, galvanized 1 Towel Cabinet, white enamel 24 1/2 oz. Creamers, glass 43 3/4 oz. Creamers, glass 1 Lamson Flesh Fork, wood handle 2 Griswold Griddles, cast iron 2 Chef Knives . 2 Boning Knives 1 Steak knife 1 Knife Holders, aluminum 1 1 Gal. Urn Cup, aluminum 10 Jars, (refrigerator storage) aluminum 2 Pitchers, aluminum 1 Stock Pot, aluminum 1 Stock Pot, aluminum 2 Pitchers, aluminum 3 Bake Pans 6 Roasting Pans, blue steel 2 Hotel Pans, white enamel 1 Hotel Pan, white enamel 5 Hotel Pans, white enamel 9 Cookie Sheets, aluminum 2 Aluminum Pitchers 7 Skewers 1 Roast Beef Slicer 1 12" Spatula 1 8" Spatula 1 Tier - Roast Beef 1 Serving Tray, aluminum 6 Hotel Trays, white enamel 3 `fray Stands (wood) 2 Skimmers - Stainless Steel 1 Bakers Scale 1 Egg Slicer (Cast Aluminum Base) 2 Dexter Steels 1 Magic Chef 2 Oven Gas Range The following tools will be transferred from Franklin to Stover: 1 Bar - 30" Wrecking 1 Post Hole Digger 1 Digging Iron 1 Set Pipe Dies, Ratchet Type, adjustable 1", 1-1/4" 1-1/2", 2" 3 Steel 'Tooth Garden Rakes 1 Steel Tooth Garden Rake 1 All steel - 2 wheel rubber tires Bag Truck 1 Trowel 1 Wood Chisel 1 Wood Chisel 1 Water Sprinkling Can 3 Galvanized Snow Shovels 1 Lawn Roller 1 Tilting Arbor Bench Saw 1 Saw Table Extension 1 Saw Table Guard 1 Dado Head 1 8" Combination Saw Blade j 1 1/2 HP Electric Motor (mounted on saw) 1 Claw Hammer 1 Square (small) 1 Hand Saw 1 Hatchet 1 Axe 1 Step Ladder - 6' Wood 1 Chain Pipe Vise 1 Flash Light 1 Compass Saw i 1 Steel Wheel Barrow - Rubber Tired 1 Steel Tooth Rake 1 Wood Plane Hand I 1 Herbrand Socket Wrench Sot f 8 Herbrand Sockets i 1 Oil Stone 1 Wood Scraper 7. In removing any of its property, whether attached to the premises or otherwise, Franklin agrees to do so without damaging the property and to patch over and paint any holes which may be made in the plaster or woodwork. .4 Z ZZ 4/ / o� // --7- reference is made to photo copy of said Sheet No. 4 of Right of Way Map, showing outlined in red the land conveyed in fee simple which photo copy is hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Plat Book. The said grantor covenants that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the land, freo from all encumbrances, and that he will execute such further assurance of the said land as may be requisite. The said grantor covenants and agrees for himself, his heirs and assigns and successors, that the considerations hereinabove mentioned and paid to him shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, and maintenance of said highway, including such drainage facilities as may be necessary. WITNESS the following signatures and seals: iHNHHHNFiFifi:iFitiNFi: NiFi.Hi-!F � REVENUE STAMPS iF FRED E. UNGER $0.55 iF (SEAL) CANCELLED if BETTY L. UIVGER ( SEAL iHH HFiFiHFiHHHF3HHHHi-;HHHF STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I, Emory S. Marchant, a Notary Public in and for the State of Virginia at large, do certify that Fred E. Unger and Betty L. Unger, whose names are signed to the foregoing writing, bearing date on the 7th day of April, 1952, have each acknowledged the same before me in my County aforesaid. My term of office expires March 22, 1955. Given under my hand this 8th day of May, 1952. EMORY S. MARCHANT VIRGINIA Notary ±ublic. FREDERICK COUNTY, (SCT. This instrument of writing was produced to mo on the 15th day of July 1952 at 9:30 A. IS. and with certificate of acknowledgment thereto annexed was admitted to record. 37-?HF-tFiii}i HHFiHFiHt-IHHt-JHS-3i-iHH:ii-3HFif-iFit-lHF3HHHFiHNF ' #883 iF JOSEPH A. MASSIE, JR. ADMR. iF TO .. DEED iF W. H.M. STOVER, INO. jF HHF3HF-7HHHHHH HHHHHHFiFiHY..HFiHi-3FiHFitiHHHNHHHF THIS DEED made and dated this 15th day of May, 1952, by and be- tween Joseph A. Massie, Jr., Administrator de bonis non, cum testamento annexo of the Estate of Ii. J. Benner, Deceased, party of the first part, and W. H. M. Stover, Incor- porated, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey, with special warranty of title, unto W. H. M. Stover, Incorporated, its assigns 0 forever, all of the following described real property, to -wit: All of that certain tract or parcel of land near Jordan Springs, in Frederick County, Virgin; which descended to J. W. Bonner, ,ally T oupp, Minnie R. Ware and Henry J. Benner, as heirs at law of Benjamin Bonner, Deceased, and which was conveyed to Henry J. Benner by J. W. Benner, Sarah C. Benner, his wife, Henry C. Toupp, Sally C. `1'oupp, his wife, and Minnie R. Ware, by deed dated April 2, 1895 and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 116, page 471; and is more particularly described hereafter by a survey and plat of Richard U. Goode, Certified Surveyor, which is attached hereto and made a part of this deed. The description of the property is as follows: All of that certain tract or parcel of land located on the North side of Road No. 660, about Four and one—half miles Northeast of Winchester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia, and is bounded as follows: Beginning at (1) a point in the center of Road No. 664 and oppo— site an elm tree in a fence corner on the west side of the road, corner to tlie_land of Rexrode; thence with the North fence line of the land of Rexrode N 84,J deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of iRexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road No. 660 with the East line of Hart's land; thence with the East fence line of the land of Hart and then with the Last fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence with Ruther— ford for the following Four courses; S 23 deg. W 297 foot to (5) a set stone at a fence corner; thence N 56-,� deg. W 900 feet to (6) a set stone at a fence corner; thence N 17-,'E I deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8)I a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey I N 47� deg. E 2327 feet to (9) a set stone near a fence corner; thence with Bailey S 34 I` i ideg. E 815 feet to (10) a corner post set in concrete; thence lv 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. it. Stover S 36-� deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23v deg. E 387 feet to the point of beginning, containing 183.01 acres, more or less. The said Joseph A. Massie, Jr., Administrator de bonis non, cum j I testamento annexe, conveys this property by authority of the aforesaid will of H. J. i i Benner, Deceased, and by authority of the Circuit Court of Frederick County, Virginia by its order of October 17, 1951 and March 17, 1952 aforesaid. WITNESS the following signature and seal the first date herein — above written. i F3NNFit-iFitit-iNFiHNHFdtiHt-7HtiHNi-JE JOSEPH A. MASSIE JR. (SEAL) as Joseph Massie, r., ministrator REVENUE STAMPS $7.70 � de bonis non, cum testamento annexol CANCELLED at of the Estate of H. J. Benner, if-7HfiHY1Hi-3`3F3fMifit-ifiHfsYiF-31-3i-if�Ht Deceased STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Juanita R. Roe, a Notary Public of and .for the County afore- said, in the State of Virginia, hereby certify that Joseph A. Massie, Jr., whose name is signed to the foregoing writing, bearing date of the 15th day of May, 1952, has this day personally appeared before me in my County aforesaid and acknowledged the same. Given under my hand this 15th day of May, 1952. My Commission expires October 18, 1953. JUANITA R. ROE Notary Public S uA VG YEO /Y14Y -11, /95G /T /c//i1.1 U. GOaoc C eq a SUq v,' o r LocfiTEO Aeou-r 4 A, /W ES /volt TN EA ST OF - W/N CN,ES T'L-R� 1" .S -raNE WALL D/.7 T?/c7- , /F/Z Gr 0E.P /G " C 0 "Al T Y , " _ ON VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of 9 July 1952 at 12:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. .......... ?HHFiHF?FiHF'.t-:F?HHFiHHHHFiHHHE?HHFiHHHFiF?H HFiHHHFi F3tiF r884 ?F W.-H. M. STOVER, INC. TO DEED OF TRUST ?F J. SLOAN KUYICENDALL, ET AL, TRS. iF i iHHHE?HHF?HHHHHHNHHHHHHHHHHF?HHHEi HHHF?HHHF?HHF THIS DEED OF TRUST made and dated this 15th day of May, 1952, ! by and between W. H. M. Stover, Incorporated, a corporation organized and existing under) the laws of the State of Delaware, party of the first part; J. Sloan Kuykendall and Mayne A. Whitham, 'Trustees, parties of the second part; and the Shenandoah Valley Nationil Sank of Winchester, at Winchester, Virginia, party of the third part. WHEREAS, the party of the first part, by deed from Gilbert M. tover and wife, dated February 26, 1947, of record in the Office of the Clerk of the ircuit Court of Frederick County, Virginia, in Deed Book 199, at page 362, acquired a I certain tract or parcel of land containing 74.49 acres, together with improvements �thareon and appurtenances thereto belonging, known a9 the Jordan White Sulphur Springs i property, situate about four and one half, miles northeast of the City of Winchester, in Frederick County, Virginia; and l WHEREAS, by a certain deed of trust, bearing date November 15, 1947, of record in the aforesaid Clerk's Office in Deed Book 203, at page 140, the partyl of the first part conveyed the aforesaid property to Burr P. Harrison, Harry K. Benham and J. Edward Theme, Trustees, to secure the payment of a promissory note, of even date with said deed of trust, in the principal sum of 1,12,000, upon which there is now a balance due of $8,000; and I WHEREAS, the party of the first part has, by deed bearing date the 15th day of May, 1952, of record in the aforesaid Clerk's Office, in Deed Book at page , acquired, by purchase, 183.01 acres, with improvements thereon and lappurtenances thereunto belonging, known as the Banner Farm, situate at Stephenson, in i Frederick County, Virginia, for the sum of $7,000; and WHEREAS, the party of the first part has arranged to borrow the l sum of $15,000 from the party of the third part, $8,000 of which is to be used for the l i i purpose of refinancing the balance due on the above -mentioned note of $12,000, secured i by a deed of trust on the Jordan White Sulphur Springs property, and $7,000 of which is to be used for the purpose of purchasing the Benner Farm, said sum of $15,000 to be secured as hereinafter recited. NOW, THEREFORE,. WITAESSETH: That, for and in consideration of the sum of One Dollar ($1), cash in hand paid by the said Trustees to the parties of the first part on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant and convoy, with general warranty of title, unto the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever, the following described tracts of land in Frederick County, Virginia, to -wit: Tract No. 1 - All that certain tract of land, with improvements, located on both sides of Road No. 664 about 4u miles Northeast of Winchester, Virginia and situate in Stonewall Magisterial District, Froderick County, Virginia, which is more particularly described in a plat and survey made by Richard U. Goode, Certified Surveyorl, on June 4, 1952, which plat and survey are attached hereto and made a part hereof. Tract No. 2- All that certain tract or parcel of land, with im- provements, located on the North side of Road No. 660, about 4j miles Northeast of Winc hester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia, and bounded as follows: Beginning at (1) a point in the center of Road No. 664 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North fence line of the land of Rexrode N 841- Deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the North line of Road No. 660 with the East line of Hart's land; thence with the East fence line of the land of Hart and then with the East fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence with Rutherford for the following four courses; S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 561 deg. W 900 feet to (6) a set stone at a fence corner; thence N 17* deg. W 250 feet to (7)•a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; -thence with Bailey N 47-1 deg. E 2327 feet to (9) a set stone near a fence corner; thence with Bailey S 34 deg. E 815 feet to (10) a corner post sot in concrete; thence N 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 36-j deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23-1- deg. E 387 feet to the point of beginning, containing 183.01 acres, more or less. Reference is hereby made to the aforesaid deeds, the plat attac. ed to the Benner deed and the survey and plat of the Jordan White Sulphur Springs prop- erty attached to this deed of trust for a more particular description of the property hereby conveyed. TO HAVE AND TO HOLD the property heroin conveyed to the said J. Sloan Kuykendall and Wayne A. Whitham, 'Trustees, and their successors forever. BUT UPON THIS TRUST, NEVERTHELESS, to secure equally and without priority one to the other ten (10) bonds of the party of the first part, executed of even date herewith, designated as Bonds Nos. 1 to 10 inclusive; Bonds Nos. 1 to 9, in- 0 -clusive, are in the principal sum of Seven Hundred and Fifty Dollars ($750), each, and Bond No. 10 is in the principal sum of Eighty Two Hundred and Fifty Dollars ($8250). ;Said bonds bear interest from date at the rate of six per cent per annum, payable semi— annually, and are payable tc e party of the third part or or( , at the following time;: Bond No. 1 is payable six months from date; Bond No. 2 is payable twelve months from date; Bond No. 3 is payable eighteen months from date; Bond No. 4 is payable twenty—four months from date; Bond No. 5 is payable thirty months from date; Bond No. 6 is payable thirty—six months from date; Bond No. 7 is payable forty—two months from date; Bond No. 8 is payable forty—eight months from date; Bond No. 9 is payable fifty—four months from date; and Bond No. 10 is payable sixty months from date. The party hereto of the first part hereby waives the benefit of all exemptions as to this debt to which it may be legally entitled and this deed of truss is executed to secure the paymont of said bonds whatever form the same may assume, by renewal, or renewals, in whole or in part, by change of parties, makers, endorsers, or otherwise, until the said debt shall be finally and fully paid and discharged. I The maker of the bonds hereby secured may pay the principal of I any one or more of said bonds before maturity on any semi—annual interest payment date. ! The party of the first part covenants that it will keep the !buildings on the property hereby conveyed insured against fire and other calamity in i some solvent insurance company approved by the Trustees, or the holders of the bonds, for the benefit of the beneficiaries hereunder in a sum equal to their fair insurable value, and the party of the first part covenants that it will deposit the policies, with! standard loss payable clause with full contribution in favor of the 'Trustees, as their , interest may appear, with the said 'Trustees. The party of the first part further cove— nants, in the event of its failure to keep the property so insured and the policies so deposited, that the Trustees may, or the beneficiaries may, at their option, effect such insurance and pay the premium thereon, and the money so paid, with interest thereon, (shall become a part of the debt hereby secured, in the event of sale to be paid next (after the expense of executing this trust, and shall be otherwise recoverable from the party of the first part as a debt; but there shall be no obligation upon the Trustees, 0 or beneficiaries, to effect such insurance. Failure so to insure, or to maintain said I, I ` !fire and other calamity insurance, shall operate to cause the principal of the debt here-! ! in secured to become due and render enforceable this trust deed, without regard to whether all of said bonds shall have matured according to their tenor or not. The party of the first part covenants that it will pay all taxes,+ i !levies, assessments and charges upon the property herein mentioned and described, which !may accrue and become due and payable during the existence of this trust; and the party. of the first part further covenants that it will keop the improvements on the property i (herein described in a tenantable condition, whether such improvements were on the property .when the deed of trust was given, or are thereafter placed thereon. j If default is made in the payment of any one of said bonds when L. due, or in any renewal, or renewals thereof, when due, or in the payment of any semi- annual installment of interest thereon when due, or in the payment of any sums due for said insurance premiums, or taxes, or if there is a default in any of the other provisions, stipulations, terms or conditions of this trust by the party of the first part, then thel said Trustees shall, upon being requested so to do, in writing, by the lawful holder, or holders, of the bonds herein secured, or any of them, proceed to sell the property herein conveyed as follows: After first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property here; in conveyed and described as Tract No. 2, at public auction, in front of the County Court House, in the City of Winchester, Virginia, upon the terms of one-third cash on the day of sale and the balance of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated the day of sale and payable, respectively, one and two years after i date, with interest thereon from date until paid, at the rate of six per cent per annum,� payable semi-annually, to be secured by a trust deed upon the property conveyed and a policy of insurance upon the buildings thereon, duly endorsed for the protection of the deferred purchase money debt. Out of the proceeds of sale, the 'Trustees shall pay: First: The cost of executing this trust, including the usual j commission of five per cent upon the gross amount of said sale to the said Trustees, and all legal counsel fees incident and necessary to the enforcement hereof. Second: The debt herein secured, principal and interest, or any part thereof remaining unpaid; and all other sums heroin stipulated to be paid. Third: The balance, if any, the said Trustees shall pay to the party of the first part, its successors or assigns. Should the proceeds from the sale of 'Tract No. 2 be insufficient to satisfy the debt herein secured, principal and interest, or any part thereof remaining unpaid, and the other sums herein stipulated to be paid, the party of the first part shall be given the opportunity to tender the amount of such deficiency to the Trustees, in lieu of a sale by them of the property herein described as Tract No. 1. If, however, the party of the first part fails to pay to the Trustees the amount of such deficiency, after first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property herein conveyed and describ as Tract No. 1, at public auction, in front of the County Court House, in the City of Winchester, Virginia, upon the terms of one-third cash on the day of sale and the balanc of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated ithe day of sale and payable, respectively, one and two years after date, with interest thereon from date until paid, at the rate of six per cent per annum, payable semi-annual to be secured by a trust deed upon the property conveyed and a policy of insurance upon the buildings thereon_ dulv endorsed for the protection of the defnrrnd nurnhnss mnruav d Out of the proceeds from the sale of Tract No. 1, the Trust".* shall pay: First: Any balance of the cost of executing this trust in the sale of Tract No. 1, including the usual commission of five per cent upon the gross amount of said sale to the said Trustees, and any balance of legal counsel fees incident and necessary to the enforcement hereof. Second: Any balance of the debt herein secured, principal and interest, or other sums herein stipulated to be paid. i i Third: The balance, if any, the said 'Trustees shall pay to the party of the first part, its successors or assigns. WITNESS the signature of W. H. M. Stover, Incorporated, by Charles E. Stover, its President, and the seal of said corporation duly affixed and attested by W. H. M. Stover, its Secretary: (SEAL) W. B. M. STOVER, INCORPORATED Attest: By CHARLES E. STOVER W. H. M. STOVER Secretary j State of Maryland City of Baltimore, to -wit: I, Joseph E. Kraft, a Notary Public in and for the State and County aforesaid, hereby certify that Charles E. Stover and W. I1. M. Stover, President and Secretary, respectively, of W. H. M. Stover, Incorporated, whose names are signed i to the foregoing and annexed deed of trust, personally appeared before me and acknowl- edged the same in my State and County aforesaid. Given under my hand and seal this 7th day of July, 1952. Ivy Commission as Notary Public expires May 1953. (SEAL) JOSEPH E. KRAFT Votary Public LAND OF W. H. M. STOVER 74.49 Acres On June 4, 1952, I surveyed the tract of land shown on the attached drawing, located on both sides of Road No. 664 about 4; miles Northeast of Winchester, Virginia and situate in Stonewall Ivlagistorial District, Frederick County, Virginia. It is bounded as follown : Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner I estate to Stover; thence with Bailey N 63� deg. E 1174 ft. to (2) a point in the center j of Road No. 664 and in line with the South fence line of the land of Bailey; thence with the center of Road No. 664 for the following 3 courses: 11 16Q deg. E 152 ft. to (3); thence N 81 deg. E 224 ft. to (4); thence N 20 deg. W 333 ft to (5) a point in the cente of Road No. 664 and in line with the South fence line of the land of Lockhart; thence with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorffl S 15 deg. 05 min. E 838 ft. to (7) a black oak troe a corner to Orndorff; thence S 82 deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) a post in a fence corner; thence S 63 3/4 dog. W 1116 ft. to (11) a point in the center of Road No. 664 and in line with the South fence lino of the land of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell's land on the West sid, of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak treo at an angle in a wire fen thence N 36a deg. W 1494 ft. to the point of beginning containing 74.49 acres, more or less. B1914 6-Y 1 a+ Q ^3 0 H. J• f3F NNEit Es T• r 2 Tp W. N.M• SrovE.¢ /f SUq VC Yoo Jur/c 4, /95< R /C NnRO U. GOOOE CER r/F/Eo Sun vCYoR Richard U. Goode Certified Surveyor L. OC Ff."A I{T ,co om. w M 0 OR/VOOFF S82•c -4- LANo o.- °I W //• M. .S TO ✓E/4 "O 7¢. e9 ACRtS 0 �3 COOPER v P 9 Q � O S 6 rz L OGATEO A,90— O ft M/L E S N o/P TN EAST of W/NC/IESTCR, ON BOTH SIDES OF /Q011O NO- 664, /I✓ STO/JEWALL DIS7-41Cr, FREOE/LICK CouAvTY , VA. VIRGINIA :RE:DERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of duly 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was as i_tted to record. CLERK 1 NfS'E 6AlLEY MAG.v&r/cs /95L � 6 % •E Z3z7� SCALE /"= 500' 140 � v b h BA ti g J Stl to I � 5 L A/v0 of TNA' Ea TA TE OF N r• H. cI. BENNER a41 V') �o 3 To a' W. // . /W. S To ✓E,R ,S n IV =�• � 5 53 ��i' �y toss' P h`� \s/ h �P S a vEYED M,s r Z 4, / 95L RICHAAo U. GoaoE C(AT/F,GO S URyE YaR LOGATEO geour 4 % M/Lez- A/oR Tc/ E^ s r o F 1N//✓ Cf/ ESTER , / N S TaNE WALL D/ J TR/CT FRE'OL.Q/GK CouNTY VA. B1q/LEY 1 L 0 CH t4,1 /{ T s J a ;G ^4'. Niry,E 3 /sZ /1 4l M ZII h \ 3Yi E (I N ORNDaFF 6 -T Q ^3 0 H- T_ B<N NER Zs T• r • Z To W. H. M• STOVER 5 U R vG Y L'O .I UN Q -i , / 9 5L A/CPAR0 U. GOOOE CER7-/F16O SURVEYOR II y II LAND 0� TO ✓EA d Z 7¢. ¢9 AcREs P , Q 0 6ELL LocATEo AeovT 4 /z M/�B IV0RTN6A.5T OF W1NCYE57dR, ON BOTH S/DIES OF RoAo NO• 664, /At 37-ONE9NA44 FREDE/d/cfC COUNTY, VA. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. TREELINE A" APPROXIMATE SCALE: 1 " = 200' / OWNERS: �o MISSIONARY SERVANTS OF THE MOST HOLY TRINITY APPROXIMATE SCALE: 1" = 500' �Q NOTE: THIS PLAN SHEET HAS BEEN DERIVED FROM AN AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD TREES CHECKED. THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRE:SENIAIION UNL'r, i CURRENT OWNER: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY 1 REF: TAX MAP 44 - A PRCL 294 6p �' `" S 17 30 W 02 ' N CURRENT ZONING: RA i' 00 to , S79 56 54 E ,= \9 N63-'� 01(n N81 ° 32' 1 8 "E 351 . 88 REQUESTED REZONING: B - 2 cj`,o F,,' \° �' ''' 353. 27' N86° 33' 40 "E i S\0- pQ,� s� 0- �'' pl0 445. 08' REZONING AREA: /0.33 ACRES 0 0��0=- QO----- ,�`b� '� \ °o\`, S89° 18' 03 "E �Q Q/Q / i � � \➢9 0- 900. 00' I I1S00° 41 ' 59 "W 43`32138.08' "3O0 O O '!j ! O vo O" ° `° L 1 I cn ! S89° 18' 0N "E 900. 00' III J ,C5 III \` ��' S47°00'00"W N45° 00 00 E O \ III �''�0 ' 140.00' i' o:, ,,. 6,0 179.00 1'� 1 N17°30'00"W �� D S02°45'00"E 250.00' -o �� 235.00 S- '� n N83° 00' 01 "W ' 00;`�; \ �'------- --- �—\S23° 30' 00"E S23°00'00"W \ i'/'' N84°30 00/, W 393.93' 297.00' 514.09' �0° \ 00 =\` BOUNDARY INFORMATION SHOWN HEREON /S COMPILED FROM EX/STING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD - Qp RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. ,900;,-'; a� \ 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 DURING THIS SURVEY. MUD TMAD ENGNEERING, NC. z c� 0 o < o o 0 O w LLJ a d o v o � U Q T (n En 3 O\I U C) U V Z > 4 > 2 C�J w� > 0 WW c�3J� �Z>-> LLJ W oyOZ� Z a 3 o m Z W cc La W _mom �It w� � 3 U O0W FtQ W Z Ln ? �W>-MoM oaf ~ > owo-j&— 0 cnm=-z mx:MF.0 aE--_ (JQV 0LL- T/)0My z0Z:JC7 =oaP3o �M LA zz Q0�00LL- a w 0 Drawing /00 O /00 000 300 400 Number TRIP.L ENGINEERING, IHC \ AREA TO BE \ REZONED TO B-2 10.33 ACRES +/— G TAX :fvCAP: PARCEL ::: ; :.::.:::: : . : . : . ::::: E 44=Q:294 - L V I e% %p Za J T W Qg 4 a i w u L_z`€ 4 1 G Z u� w a F a � DING BUILDING „C„ „B„ �Q P� 'O cn PARKI = BUILDING U L J a D �. _ OWNERS: W TREELINE MISSIONARY SERVANTS OF THE MOST HOLY TRINITY Q Q co APPROXIMATE SCALE: 1 " = 500' C BUILDIIG �Q NOTE: Of A THIS PLAN SHEET HAS BEEN DERIVED FROM AN oP� 4 AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD APPROXIMATE TREES CHECKED. Ewoo ;nc SCALE: 1 " = 200' THEBODUNDARY IS APPROXIMATE AND IS Number. INCLUDED FOR GRAPHIC REPRESENTATION ONLY. 1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 �I JTIrIC��rIO�I or �J�3! lc rl���r " IG November 21, 2001 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) WE, : REZONING APPLICATION 910-01 OF JORDAN SPRINGS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2001, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #10-01 of Jordan Springs, submitted by Triad Engineering, Inc., to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the IIA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. Additionally, this rezoning will be heard in a public hearing by the Board of Supervisors at their meeting on December 12, 2001. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Since -CY, t R� Eric R. Lawrence Deputy Director ERL/ch 0 \\gcndub\djoincr Ltrs\-100I VordanSprings RH7_.wpd 107 North Kent Street o Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Plaiming and Development, Frederick, County, Virginia: 44 - A• - 297- CONNER, HAROLD R & CAROLINE D 55 -7- . 1- 1010 WOODS MILL RD SWEET, MICHAEL L. STEPHENSON, VA 22656.2036 362 WOODS MILL DR STEPHENSON, VA 22656.2029 55 A 135 LEE, RONALD A & MARY C 55 -7- - 14- 1947 MARTINSBURG PIKE MEIER, WILLIAM G III & BARBARA E WINCHESTER, VA 22603.4714 207 PLAZA ST NE LEESBURG, VA. 55 - A- - 133- HART, DOROTHY L. 897 WOODS MILL RD STEPHENSON,VA. 44 - A. - 294- 20176.2428 HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON, VA. 22656.0008 22656.2044 44 - A• - 292- CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604.1730 44 - A. - 295- REXRODE, WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON, VA. 22656.2046 44 - A• - 296- GARRISON, MELODEE M CIO MELOOEE SHEPHERD 1102 WOODS MILL RD STEPHENSON, VA 22656.2037 STATE OF VIRGINIA COUNTY OF FREIDERICK 55A - I. - 17- NEWLIN, TINA 906 WOODS MILL RD STEPHENSON, VA 22656.2035 55A - 1- - 18- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601.4777 C 0-11 '6,d�.Gi_ Ericllf.awrencc ISepuly Director Freclerielc County Planning Department I h j1r}f a Notary Public in and for the State and County aforesaid, clo hereby certify that Eric R. Lawrence, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, clatecl A c��1 ,has personally appeared before me and aclQlowledgcd the same In my State and County aforesaid. � � l �I Given Under my hand this aL-L clay of _� � C 1 ')( �� Iv1y commission expires on �. ELM )), � -03 �NQ RY PUBLIC SEP-06-2001 15:24 TEI WINC S. The type of use proposed is Defore completing) K FROM: Carol Huff ' inning Department E7— Please print _- s,u of labels by: ____LSO- �/' THANK YOUII (o nsult with the Planning Dept- 9. It is proposed that the following buildings will be constructed: 1..1! 4F 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (continue on back if Necessary.) These people will be notified by mail of this application: NAME MVWA-el-. L, ADDRESS PROPERTY IDf NAME VJ t L4-1 oa +' C2 , ar ._ _ ADDRESS ZP-)-1 kA7-A "A- f%) E . PROPtRTY YD# SS - I - I NAIL (�D2( L- `� {r�IL - ADDRESS �-7 V J M l l-l- . PROPERTY ID# S -/�• �_�l I NAME ADDRESS �� 0 ,BOA -2r;7�O - nZ 4 A - PROPERTY YD# qq - A Z �lf� 'Z C UH AME VJtLL4AM 4 A, ADDRESS OKI LA, Eb, A 44 PROPERTY ID,I -.A NAME Mr-- �Q� M ADDRESS 10 Z. WCU047 1`vi I UL- . Q-ZBZ& JA- " ".';�.4oA5� . PRDPER A4 ;jam ?ut,)F- D. ADDRESS ICAD WL /' (K[LL' -9?P. -7 d � �) A- PROPERTY IMP L14 - A"(2T4 z��,: V" ' ADDRESS PROPERTY ID# 5� •- A - 01 SEP-06-2001 15;25 TE[ WIWC P.D4 CRAW NAME `ti tjer,) Ll t� ADDRESS Cv V w IUD ID � - 2 � PROPERTY.. NAME ADDRESS PROPERTY ID# NAm:E jc�Ht,3 ADr)nss PROPERTYI^D, # ��✓--/�-lr �,, ,Z, 7 U NAME n �( `� 1 r t ( KlI - -ADDRESS PROPERTY IDI f_�161 ( ` 22-A NAME (,%�'l� �: ADDRESS D- �Z ERTY t �ZPRO t . � �_,Jyr C- a,JLeY ADDRESS PPPERTY If-1 '�T -Cf. 6 I1 AME C+j iz� Tl f-�_ F � . E ADDRESS PROPERTY ID,I qc r `I NAME �, (nL '�_xJ rJ.. " j S 5 j i ADDRE S S PROPERTY IDS ADDRESS "'PROPERTY r ,AM y l I Z Iry l ADDRESS PROPERTY ID# L4 cc i� AID (fi�i'►'� � ADDRESS ,T)�v�:.� PROPERTY I1]#'-� NAME PROPERTY ID# NAME PROPERTY IN SS-A-z2 rs [^rcd • Co. 6j- b,+ is hot Gf 5 N .Veitst. T -- q N. . S I Lsue obu �j K5-T- IJ�rJc�f[�rT�D_e L( C2vb_j cwr�? �2D, 15-7 ,bPD A-�J 5 �f Jr� -2 �Z&5,z, � I jLf -vry m I t\JL 13IPD LAOi_ P ,,6bX 2--z Zip — 45_q 3-.5 r Smooth Feed Sheets' M use template tor 5161`" 55 -7- - 1- SWEET, MICHAEL L. 362 WOODS MILL DR STEPHENSON,VA 22656.2029 55 -7- - 14- MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 20176.2428 55 - A- - 133- HART, DOROTHY L. 897 WOODS MILL RD STEPHENSON,VA. 22656.2044 44 -A- - 292- CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604.1730 44 - A- - 295- REXRODE, WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON,VA. 22656.2046 55 -7- - 1- SWEET, MICHAEL L. 362 WOODS MILL DR STEPHENSON,VA 22656.2029 55 -7- - 14. MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 20176.2428 55 - A- - 133- HART, DOROTHY L. 897 WOODS MILL RD STEPHENSON,VA. 22656.2044 44 - A- - 292- CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604.1730 44 - A- - 295- REXRODE, WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON,VA. 22656.2046 A@9r:yRv 0 Address Labels G Laser 51610 bmoottn reea bneets 11- use temptate ror Sibiu 44 - A- - 296- GARRISON, MELODEE M CIO MELODEE SHEPHERD 1102 WOODS MILL RD STEPHENSON,VA 22656.2037 44 - A- - 297- CONNER, HAROLD R & CAROLINE D 1010 WOODS MILL RD STEPHENSON,VA 22656.2036 55 - A- - 135- LEE, RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 44 - A- - 294- HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON,VA. 22656-9008 55A - 1- - 17- NEWLIN, TINA 906 WOODS MILL RD STEPHENSON,VA 22656.2035 44 - A- - 296- GARRISON, MELODEE M CIO MELODEE SHEPHERD 1102 WOODS MILL RD STEPHENSON,VA 22656.2037 44 - A- - 297- CONNER, HAROLD R & CAROLINE D 1010 WOODS MILL RD STEPHENSON,VA 22656.2036 55 - A- - 135- LEE, RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 44 - A- - 294- HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON,VA. 22656.0008 55A - 1- - 17- NEWLIN, TINA 906 WOODS MILL RD STEPHENSON,VA 22656.2035 -AA AV rm"Rvo Address Labels Laser 51610 Smooth Feed SheetSTM Use template for,1G1u 55A - 1- - 18- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601.4777 55A-1.-21. CARTER, JOHN M & KIMBERLY D 554 GUN CLUB RD STEPHENSON,VA 22656.1802 55A - 1- - 22-A CLARK, HERMAN M III 966 WOODS MILL RD STEPHENSON,VA 22656.2035 45 -4.1- 1- FORTNEY, CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON,VA. 22656.2020 45 -4- 1. 3- CONLEY, JOHN M. & K. JUNE PO BOX 218 STEPHENSON,VA. 22656.0218 55A - 1- - 18- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601.4777 55A - 1- - 21- CARTER, JOHN M & KIMBERLY D 554 GUN CLUB RD STEPHENSON,VA 22656.1802 55A - 1- - 22-A CLARK, HERMAN M III 966 WOODS MILL RD STEPHENSON,VA 22656.2035 45 -4.1- 1- FORTNEY, CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON, VA. 22656.2020 45 -4- 1. 3- CONLEY, JOHN M. & K. JUNE PO BOX 218 STEPHENSON, VA. 22656.0218 t(ll�. � ?s'i 6'.�YU ,address Labels Laser 516-1@ �)mooin mea gneeis,,., use temptate Tor bin- 45 -4- 1 • 4- KIENE, CHRISTIAN F. & 1373 JORDAN SPRINGS RD STEPHENSON,VA. 22656.2021 45 -4.1. 7 MALLOZZI, OHN A. 137 HIGH B NKS RD STEP�NS N, VA. 22656.201C 45 -4• 1. 7- MALL , JOH A. 137 HIGH BANKS Q STEPHEN ON, VA. \ 22656.2010 45 - 5.2- 17• CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 45 - 9. 3. 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON,VA 22656.0022 45 • 9. 3- 3- BARTON,SUE & BEALL, WARREN CHRISTOPHER 170 MONASTERY RIDGE RD STEPHENSON,VA 22656.1922 45 -4• 1. 4- KIENE, CHRISTIAN F. & 1373 JORDAN SPRINGS RD STEPHENSON, VA. 22656.2021 45 - 4. 1. 7- MAZ11A HN A. 13?KS RD ST VA. 22656.2010 45 MAHN A. 137�S RD STEP�IENSON, 'A. 22656.2010 45 -5- 2. 17• CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 45 -9- 3. 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON, VA 22656.0022 45 - 9. 3- 3- BARTON,SUE & BEALL, WARREN CHRISTOPHER 170 MONASTERY RIDGE RD STEPHENSON,VA 22656.1922 j//- 't- E PIVo Address Labels Laser 5161@ Smooth Feed Sheets Im Use template for 5161`j 45 -9. 3. 4- SIMONS, ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON,VA 22656.1923 55 -7- - 9- SWEET, MICHAEL L & CAROLE T 362 WOODS MILL RD STEPHENSON,VA 22656.2052 45 -9- 3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656.1918 45 -9- 3- 5- STEEPROW, JAMES E. & NANCY A. 13405 GORDON DR MANASSAS, VA. 20112.4740 45 - 5. 2- 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 45 -9-3- 4- SIMONS, ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON,VA 22656.1923 55 -7- - 9- SWEET, MICHAEL L & CAROLE T 362 WOODS MILL RD STEPHENSON,VA 22656.2052 45 - 9. 3. 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656.1918 45 - 9.3- 5- STEEPROW, JAMES E. & NANCY A. 13405 GORDON DR MANASSAS, VA. 20112.4740 45 -5- 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 VAAAVF::rixv« Address Labels Laser 5161@ Smooth Feed Sheets TM Use template for 51611 45 - 5.2- 16- SIGLER, MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON, VA. 22656.2014 45 - 5.2- 16- SIGLER, MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON, VA. 22656.2914 [�/I\�1-WE—:F,Z'v 01 Address Labels Laser 51610 I_qV COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 10, 2001 Triad Engineering Attn: Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, VA 22604 RE Parcel 44 A 294 Owned by Holy Trinity Mission SeminaN Dear Mr. Gyurisin: The purpose of this letter is to. provide you with dociunentation regarding the use of the referenced parcel. Currently, this 74.49-acre parcel is owned by the Holy Trinity Mission Seminary. The seminary has personnel on -site for the purpose of maintaining the strictures, facilities, and grounds associated with Parcel 44-A-294. Our department agrees that the use of the property as a seminary and most recently as an outreach for Shalom et Benedictus would be considered legally nonconfonming. The ability exists for the Holy Trinity Mission Seminary to utilize this parcel as a seminary since a component of this use is still on -site. However, should Shalom et Benedictus or a similar treatment center desire to locate on this parcel, the property owner would be required to obtain a Conditional Use Permit (CUP) from Frederick County. Section 165-139 of the Frederick County Zoning Ordinance requires the issuance of a CUP to reestablish a legally nonconforming use that was discontinued. The CUP may only be granted for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional or other requirements. Recently, you inquired about the use of this parcel by County Court Reporters, Inc., for their business operations. This inquiry was followed by the August 9, 2001 submittal of information regarding the specifics of this business operation including a floor layout plan. Upon review of this information, our department would consider County Court Reporters, Inc., as a land use of lesser nnnr.nntnrmity than the Shalom et Benedictus treatment facility and would, therefore, allow this land use on this parce issuance of a CUP by ck County. 107 North Kent Street • Winchester, Virginia 22601-5000 A - Parcel 44-A-294 Letter Page -2- August 10, 2001 Please maintain this letter as evidence of our department's determination regarding the ability of County Court Reporters, Inc., to utilize this parcel through the issuance of a CUP by Frederick County. The application for a CUP is available in our department. Please contact me if you would like to proceed with the filing of this application and I will provide assistance regarding this matter. Sincerely, L, I . Evan A. Wyatt, AIC Planning Director cc: Charles W. Orndoff, Sr., Stonewall District Supervisor John R. Riley, Jr., County Administrator Kris C. Tierney, Assistant County Administrator U:tEvan\Common%Cor apondmcckliolyTrinityMiwionScminary_Parccl44•A-294 PcrmittcdLandUscLcttas.wpd TRIAD ENGINEERING, INC. GEOTECI-INICAL, L'NVIRONMENTAL, CIVIL, SURVEYING, LAND PLANNING, LANDSCAPE ARCI-IITECTUR-E & CONSTRUCTION CONSULTANTS P.O. Box 2397 Winchester, Virginia 22604 (540) 667-9300 - Phone (540) 667-2260 - Fax of iCeC(l)t1"i l(I-XVillC.COill - Email TRANSMITTAL SHEET TO: Mr. Evan Wvatt / Mr. Eric Lawrence Frederick, Countv Planning Department FRON/i: Steve Gyurisin REFERENCE: Jordan Springs DATE: October 12, 2001 MESSAGE: Please find enclosed a copy of the rezoning application. Any questions, just call. � ® t Thanks, RIE OCT 1 2 200� k� z Gyurisin 540-667-9300 'CPT. OF PLANNINGIDEVELOPMEN ST. ALBANS " NIORGANTOWN, WEST VIRGINIA WINCI-IESTER ° I-IARRISONBURG,* PURCELLVILLE, VIRGINIA GREENSBURG, PENNSYLVANIA HAGERSTOWN, MARYLAND Rezoning Fees: $550.00 plus $35.00 per acre, plus $50.00 sign fee Fees: $ 550.00 Base Fee $ 361.55 (10.33 acres x $35.00=$361.55) 50.00 Sign Fee $ 961.00 Total Rezoning Fee A.,apping & Grp ii �I' � s Work Request Frederick County Department of Planning and Development =='/ DATE: REQUESTING AGENT: — DEPARTMENT/AGENCY: ADDRESS: FAX: E-MAIL ADDRESS: DESCRIPTION OF REQUEST: REQUESTED COMPLETION DATE: COST OF FINISHED PRODUCT: _ PROJECT REQUEST RECEIVED: PAYMENT RECEIVED: FINAL PRODUCT DESCRIPTION: PROJECT COMPLETION DATE: PROJECT DELIVERY/PICK-UP: MATERIALS AND SUPPLIES USED: ESTIMATED STAFF WORK TBM NOTES: PHONE: Log !� S2- $V/0 - 0 0-')' piNrhG. O U ,r+ o r'I f1 PROJECT TRACKING - DATE INITIALS 0 CfC/ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 December 13, 2001 Triad Engineering, Inc. Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, Virginia 22604 RE: REZONING APPLICATION #10-01 OF JORDAN SPRINGS; P.I.N. 44-A-294 Dear Steve: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 12, 2001. The Board approved your application to rezone 10.33 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) overlay zone. This property is located at 1160 Jordan Springs Road, and is identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. The attached plat identifies the 10.33 acres addressed by the rezoning. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pleaseido not hesitate to contact this office if you have any questions regarding this rezoning ! I application. Sincerely, `I Eric R! awrence, AICP Deputy Director ERL/bah cc: Missionary Servants of the Most Holy Trinity County Court Reporters, Inc. Lynda J. Tyler, Stonewall District Supervisor Jane Anderson, Real Estate Steve Melnikoff, VDOT Marcus Lemasters, GIS Division O V\gwdasVlpproval 11n\R Z'sVordan Springs.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. 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 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic .Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses Prriperty Identification N-.,m 7es 441.1% .'�1� �"`i 1 `3t riCt PreliminarTS Pursuant tv uc :ion 15,'l-2���h fit. se:! of :6e code of uirg,ni: , 1950, as untended, and the provisions of the Frederick County ZoningOrdinance with respect to conditi onal zoning, r.:: ± the under~:,;::_.: offers that in the event the' Board of Supervisors of Frederick �:oltr�ty- � it;c.itua, s�"all �,U;ace Rezoning fir the -=zoning of 10.33 (+/ ; 3:-e.5 °rom u!* i As-'R i} AOverlay , 1.pn:ng Di stnai io iiusitiasti �iDevelopmenc of the subject propeucrat (!,�-2; Zoning District a d.:?`�'�i' ; '•"' (HA) "Lone.t'l�Y shall Di done in conformity with the terms and conditions set forth herein, except to the. extent that such rcrms anti conditions may be subsequently amer►,ei:co�risor s ace Y in the applicant an and such f �pl.rrvra by the Frederick County Board of :.up Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed v;- tJ i;awc...:ud have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Bosj.! r,f „•�;•� YiS( CS for the C: ►-nty rf p e. _.-irk t': 'Min ? pprovcs the rezoning for the 10.33 •.1-res the u, Transt]orictio'.'I CIlllTl.:: dCtZ'fr` ff `-' 4zi-0,r-::ind ao-!-, s1S 1t tileSly:' planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. provide neCl sary rigrit oi' Wdj� along iWU,.%% U44 fol't`o '- - )✓li;v::.tc.:t� f VDOT. E-,ruauccs sliall b� iimit:d to IWJ (�j ; rlr :s:cc:� i a:trLr ccs onto r:X�?s Y 4. Al] entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allo 5. 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 I CURRENT OWNER, MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF, TAX MAP 44 - A PRCL 254 CURRENT ZONING, RA REQUESTED REZONING, B - 2 REZONING AREA, /0.33 ACRES N45.00'00'E 140.00, N17.30'00'W 250.00' 00 1✓ S23.00'00'W 297.00' 'yj •, yS \, BOUNDARY INFORMATION SHOWN HEREON IS 00\. COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD �,p •\ RUN BOUNDARY SURVEY BY TRIAD ENGINEERING, 00- 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 DURING THIS SURVEY. 60 p0� 3p = 14.20'23"W 173.02' N81'32'18'E 353.27' N 9' 56' 54 "E 351.88' N86.33'40"E 1 445.08' n o„ S89.18'03"E 900.00' S00.41' 'W 3. 138.08 _ooD ��N0oO' ;iKl- ihI( oIo '_n00'S89.18'0'3'E 90 N l as\ N\o �' ' S6�• 45 oO„yl 1 0 010 S02 45'04"E 235.00 tm N83.00'0 W 105.001, _�523.30'04"E N84.301001W 393.93 514.09' S47'00'00'W 179.00' ,00 o ,00 zoo soo -.: 3'C.aLC. r-/OO' REZONING APPLICATION #10-01 JORDAN SPRINGS (County Court Reporters, Inc.) Staff Report for the Board of Supervisors Public Hearing Prepared: December 6, 2001 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist then: in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 12/05/01 Recommended Approval Board of Supervisors: 12/12/01 Pending PROPOSAL: To rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay District. LOCATION: The property is located at 1160 Jordan Springs Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-294 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: County Court Reporters, Inc. (CUP # 17-01) ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) West: Zoned RA (Rural Areas) District Use: Agricultural Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential Use: Agricultural / Residential Jordan Springs, REZ #10-01 Page 2 December 6, 2001 PROPOSED USE: County Court Reporters, Inc. (Office) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. See attached letter from Mr. Steve Melnikoff dated 9111101 with sketch. Fire Marshal: Areas not delineated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Plan approval is recommended. Public Works: See letter from Harvey E. Straivsnyder, Jr. P.E., dated 11/07/01. Clearbrook Fire Co.: Would like to see the installation of a dry hydrant placed at the pond as close to the road access from the maintenance building. Keep all lanes clear to the hydrant. Frederick County Sanitation Authority: Revised impact analysis statement; no comment. Frederick -Winchester Health Department: The Health Department has no objections as long as the new owner gets the DEQ Permit in their name. The permit from DEQ is valid and in the current owner's name. DEQ's number is (540)-574-7800. Historic Resources Advisory Board: Please see letter dated 10/19/01 from Rebecca Ragsdale, Plattner L Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Jordan Springs, REZ # 10-01 Page 3 December 6, 2001 Winchester Regional Airport: The Winchester Regional Airport Authority has no objections to this rezoning request. County Attorney: When "per VDOT" is added, proffers appear to be in proper form. Planning & Zoning 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcel which comprises 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. In more recent years, the property has been used by Shalom et Benedictus as a drug and alcohol rehabilitation center. On November 14, 2001, the Board of Supervisors granted a Conditional Use Permit enabling the County Court Reporters to utilize the property for their offices. This rezoning application is being sought as a means to further solidify the office use, while also making an effort to preserve the historic characteristics of the property. The rezoning would only apply to a 10.33-acre portion of the larger parent tract. 2) Location The parcel which comprises the proposed rezoning is located on the west side of Jordan Springs Road (Route 664), near Hiatt Run. 3) Comprehensive Policy Plan The parcels are outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcel is included within the Northeast Land Use Plan study area boundary. Land within this portion of the study area is intended to complement the rural character of the County. The Northeast Land Use Plan identifies Sulfur Spring Spa (34-110) as a property of historic significance and recommends Historic Resources Advisory Board (HRAB) review of all development proposals for historic resources and developmentally -sensitive areas. The Comprehensive Policy Plan addresses historic preservation with a goal to protect the historic resources in the county. A historic preservation strategy addresses the promotion of historic districts and the designation of significant resources in the County. The subject site has road frontage on Jordan Springs Road (Route 664). Jordan Springs Road is classified as a Minor Collector Road. Jordan Springs, REZ # 10-01 Page 4 December 6, 2001 4) Site Suitability The site is very well suited for limited use of the existing structures with restoration and preservation measures. The existing structures have been used for more intensive uses than the proposed office -type uses. The parcel which comprises the proposed rezoning contains areas of steep slopes, woodlands, and flood plain as identified in the Frederick County Zoning Ordinance. The existing structures are located outside of Zone A, the 100-year flood plain. No development is proposed that would impact the existing flood plain of Hiatt Run, nor the steep slopes and woodland areas. 5) Potential Impacts a) Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement projects that the proposed use would generate 91 vehicle trips per day (VPD). This is based on the anticipated 25 employees. Review Agency Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's traffic analysis. The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Planning Staff Comment Jordan Springs Road has a daily traffic volume of 1,500, based on the 2000 Virginia Department of Transportation vehicle counts. The projected 91 VPD that would be generated by the proposed rezoning does not significantly impact the roadway. It should also be noted that the previous uses on the property have generated traffic that is reflected in the previous vehicle -per - day traffic counts. b) Sewage Conveyance and Treatment Impact Analysis Statement The property will continue to be served by an on -site sewage disposal system that is under the permitting review of the Department of Environmental Quality (DEQ); permit VA0029653. The proposed use of County Court Reporters is within the limits of the permit. Jordan Springs, REZ #10-01 Page 5 December 6, 2001 Review Agency Comment The property has a valid permit to discharge into Lick Run. The permit is valid until June 30, 2002. Prior to the expiration dated, the applicant will be required by DEQ to change the permit holder's name to the new user's, and gain a permit renewal for another five-year period. Planning Staff Comment The property is located outside of the Sewer and Water Service Area (S WSA); therefore, public water and sewer are not available. The property utilizes a lagoon on -site treatment facility that is permitted by the Department of Environment Quality. It is appropriate for the property to be served by the DEQ permit, as neither public facilities are available nor could the property be served by a traditional drainfield due to the scale of the property's use. It would be appropriate for the applicant to consider providing evergreen landscape screening to lessen the visual impact of the effluent holding and discharge area on adjoining properties. c) Historic Resources: Impact Analysis Statement The applicant has expressed interest in preserving the integrity of the site and, therefore, requests that the HA (Historic Area) Overlay District be placed on the property. The applicant has provided information which indicates that the subject site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County Rural Landmarks Survey. The Register Evaluation Ratings Sheet, utilized during the review for National Register qualifications, indicates that the site dates back to the 1890's when the property was used as a resort. Review Agency Comment The Frederick County Historic Resources Advisory Board (HRAB) comment, dated 10/19/01, supports the applicant's request for the HA (Historic Area) Overlay. The HRAB felt that the applicant was making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the HA (Historic Area) Overlay. The HRAB felt that the proffered use restrictions for the B2 Zoning District were appropriate, restricting uses on the property to those commonly associated with office environments. Planning Staff Comment The subject site is located within the study area for the Second Battle of Winchester. The site also contains two structures that have varying degrees of historical significance and are eligible for local, state, and federal register recognition. Jordan Springs, REZ #10-01 Page 6 December 6, 2001 The applicant has requested a rezoning to include the HA (Historic Area) Overlay District. This HA district was established and incorporated into the Frederick County Zoning Ordinance when the Board of Supervisors adopted the new district in 1991. The HA Overlay has not been placed on any properties within Frederick County; this would be the first. Once the HA Overlay is established on a property, modifications to the exterior of structures, as well as site improvements, are reviewed by the Historic Resources Advisory Board (HRAB). Based on the historical significance of the site, the site does qualify for inclusion in the HA (Historic Area) Overlay. d) Impact on Adjoining Properties The subject site is located in a rural area of the county, an area characterized by agricultural and large lot residential properties. The subject site (10.33 acres) is only a portion of the larger parent tract. While the parent tract will surround the proposed B-2/HA site, there are residential properties in close proximity. The existing health system utilized by the subject site is located on the north side of Jordan Springs Road, adjacent to residential uses. The aboveground, open- air storage facility could impact the air quality and viewshed of adjoining properties. Efforts should be undertaken to minimize impacts the health facility would have on the adjoining residences. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • The preparation of detailed traffic studies during the site plan stages; to provide the necessary right-of-way along Jordan Springs Road; • Limit the allowed uses on the site to Health Services, Legal Services, Professional Services, General Business Offices, Public Buildings, and Residential uses associated with allowed businesses. STAFF CONCLUSIONS FOR 12/05/01 PLANNING COMMISSION MEETING: The 10.33-acre site proposed for rezoning is located outside the county's Urban Development Area (UDA) and its Sewer and Water Service Area (SWSA), and is within the Second Battle of Winchester study area. The site contains historic structures and is eligible for historic recognition at the local, state, and federal levels. The proposal to rezone the site from RA(Rural Areas) District to B2 (Business General) with an HA (Historic Area) Overlay is consistent with the historic preservation policies described in the Comprehensive Policy Plan and the statement of intent in the Frederick County Zoning Ordinance. The Jordan Springs, REZ #10-01 Page 7 December 6, 2001 site's history of commercial uses, and the present office use, are appropriate uses for the B2 District. The applicant could more appropriately respond to the review agency comments and staff concerns by addressing the following issues: • Establish a limit on the number of, location of, and height of signs to be placed on the property. • Improve the existing site entrance to satisfy state entrance standards. • Establish a limit on the number of entrances permitted onto Jordan Springs Road (Route 664). • Establish methods to mitigate the visual and safety concerns with the lagoon, including plantings and fence enclosure. Staff believes that the applicant should address the issues identified by the review agencies, in addition to any concerns raised by the Planning Commission when forwarding a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 12/05/01 Commission members voiced the same concerns raised by the staff. After discussing these issues with the applicant's representative, the applicant's representative volunteered to modify the proffer statement to establish a limit on the number, location, and height of signs to be placed on the property; to limit the number of entrances to two and to have those entrances meet VDOT entrance standards; and to address the lagoon safety issue by providing fencing, if it is agreeable by DEQ. The applicant's representative believed he could provide the revised proffer, with the owner's signature and the County Attorney's review, prior to the Board of Supervisors' public hearing scheduled for December 12, 2001. There were no public comments. The Commission unanimously recommended approval of the rezoning with the understanding that the applicant will satisfactorily address the issues as discussed by their revised proffer. 11 11 11 CRIDER 8 SHOCI4EV INC OF VWA I a A 292 RA CRIDER 8 SI1Or44INC OF „A2 V RA hE"R 55 7 14 RA EET 55 7 9 RA RA RA n 7/ RA RA 45 9? Ii%I- PA 45 93 2 H FFIIM RA 8^RTON RA 'WVJN545 93 3 45 9RA 4J/-4 SEMq-\R,(44 A 294 RA .;�: L Area to be Rezoned B2 r4D v FRIN7T`! MSSIaa4 SE"NARv 10 +/-Acres 44 A. 254 RA, 44 P QI� `SAEE f I / 55 7 1 pA 44 A 297 CCNNER 666 � �, - ---,- - 5 7 1 9 > PA .' RALEE & RA RA RA 1q RA RA �S^ 9 RA 1 l"FRI-SCXJ I 45 52 17 PP ISM" SIGLER ►� 45 52 16 RP RP PP R' RP RP i RF5 Ra RP RA RA RA RA 7 RA � RA R RA RA RA 'A RP RA RA RA PP RA RA RP RA r " I --6nT' .j . / r A a Jr. REZ#10-01 Location Map For: Jordan Springs (County Court Reporters, Inc.) � PIN: -- • 44-A-294 �- -- - I )ept. of Planning and Development, 11/01, Agray REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning'Staff s5 Fee ' Taid :....... . Zoning Amend mentNurnber Q` bate' Receivcd PC Hearing Date JZ=,S- 0 BOS Hearing Date 0 /-dq �02 , The following in formation shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: TRIAD Engineering Inc. Telephone: 667-9300 Address: Stephen M. Gyurisin 200 Avaition Drive, POBox2397, Winchester, VA 22604 2. Property Owner (if different than above) Name: Missionary Servants of the Most Holy Trinity Telephone: 1-301-439-0333 Address: 9001 New Hampshire Ave., Silver Spring, MD 20903 3. Contact person if other than above Name: Stephen M. Gyurisin Telephone: 667-9300 Fax: 667-2260 E-mail: steveg@triad-winc.com 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Missionary Servants of the Most Holy Trinity County Court Reporters, Inc. 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE Jordan Springs — Shalom et Benedictus B-2 & Historic District Overlay ZONING Adioining Properties are zoned Rural Area (RA) and are large lot residential or vacant land uses. See complete list of adjoining property owners and address attached as part of this rezoning application. S._ Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The property is located at 1 160 Jordan Springs Road (Va. Sec Route 664) approximately 4.5 miles northeast of the City of Winchester, VA. See attached location m j) Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 8. Parcel Identification/Location: Pat -cc] Identification #: 44-((A))-294 Districts Magisterial: Stonewall High School: Tames Wood Fire Service: can Middle School: James Wood Rescue Service: SLQ+� Elementary School: Stonewall CLFA P.4 Rao k 9. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zonin Zoning Requested 10 RA B2 with Historic District Overlay HA 10 Total acreage to be rezoned 10. The following information should be provided according to the type of rezoning proposed: Single Family home Non -Residential Lots Office Retail Restaurant Number of Units Proposed - 0 Townhornes Mobile Home Multi -Family Hotel Rooms Square Footage of Proposed Uses Facilities are existinr7 see attached description of areas Service Station Manufacturing Warehouse Other OCT-10-2001 10:24 TEI WINC P.05 11. Signature: 1 (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend tho zoning ordinance and to change the zoning map of Frederick County, Virginia. 1 (wc) authorize Frederick County officials to -nter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least soven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materiuls are true and accurate to the best of my (our) knowledge. Appticant(s)ir� !�l �I� <l�c��c Date // r Stephen M Gyurisin —Triad hgineering, Inc. Date 10/08/200, Owner(S) Missionary Servants of the Most Holy Trinity BY' S � Date - - d -/O 7 D Address: 9001 New Hampshire Avenue, Silver Spring, MD 20903 Telephone: 301-43 9-03 3 3 CACEA { 9COKIv fC CF MN� w.m 91FFT Y : emlT m r i CLTR w • p 'WI 6 Yl .II .II j Location Map For: Jordan Springs PIN: 44-A-294 lk-pt. of Planning and Development, 09/01, AoraN JORDAN SPRINGS ADJOINING OWNERS PHYSICAL ►, AIr, nwnlFR MAILING ADDRESS ADDRESS ZONING USE 362 WOODS MILL DRIVE 55-7-1 MICHAEL L. SWEET STEPHENSON, VA 22656 SAME RA RURAL WILLIAM G. III & 207 PLAZA ST. NE LICK RUN CROSSING 55-7-14 BARBARA E. MEIER LEESBURG, VA 20176 STEPHENSON, VA RA RURAL 897 WOODS MILL ROAD 55-A-133 DOROTHY L. HART STEPHENSON, VA 22656 SAME RA RURAL 44-A-292 & CRIDER & SHOCKEY, POST OFFICE BOX 2530 A-293 INC. WINCHESTER, VA 22604 RA RURAL WILLIAM M. & 1099 WOODS MILL ROAD 44-A-295 SHARON M. REXRODE STEPHENSON, VA 22656 SAME RA RURAL C/O MELODEE 1102 WOODS MILL ROAD 44-A-296 SHEPHERD STEPHENSON, VA 22656 SAME RA RURAL 44-A-297 & HAROLD R. & 1010 WOODS MILL ROAD RA RURAL 55-A-134 CAROLINE D. CONNER STEPHENSON, VA 22656 SAME RONALD A. & 1947 MARTINSBURG PIKE WOODS MILL ROAD 55-A-135 MARY C. LEE WINCHESTER, VA 22603 STEPHENSON, VA RA RURAL 906 WOODS MILL ROAD 55A-1-17 TINA NEWLIN STEPHENSON, VA 22656 SAME RA RURAL 55A-1-18, 19, JRW PROPERTIES & 13 S. LOUDOUN ST. WOODS MILL ROAD 20 RENTALS, INC. WINCHESTER, VA 22601 STEPHEN VA RA RURAL JOHN M. & 554 GUN CLUB ROAD WOODS MILLLL ROAD 55A-1-21 KIMBERLY D. CARTER STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 966 WOODS MILL ROAD 55A-1-22A HERMAN M. CLARK III STEPHENSON, VA 22656 SAME RA RURAL 45-4((1))-1 & CLARK D. & 1281 JORDAN SPRINGS RD. RA RURAL 2 BARBARA K. FORTNEY STEPHENSON, VA 22656 SAME JOHN M. & POST OFFICE BOX 218 JORDAN SPRINGS RD. 45-4((1))-3 K. JUNE CONLEY STEPHENSON, VA 22656 1373 JORDAN SPRINGS RD. STEPHENSON, VA RA RURAL 45-4((1))-4 CHRISTIAN F. KIENE STEPHENSON, VA 22656 154 HUMMINGBIRD LANE SAME RA RURAL 45-4((A))-17 RENE R. CARLSON WILLIAM H. III & STEPHENSON, VA 22656 1081 JORDAN SPRINGS RD. SAME RA RURAL 45-9((3))-1 REBECCA HALL STEPHENSON, VA 22656 SAME RA RURAL WILLIAM D. & POST OFFICE BOX 22 JORDAN SPRINGS RD. 45-9((3))-2 PATSY L. HOFFMAN DAVID E. & STEPHENSON, VA 22656 170 MONASTERY RIDGE RD. STEPHENSON, VA RA RURAL 45-9((3))-3 NANCY M. RITTER STEPHENSON, VA 22656 SAME RA RURAL JAMES C. JR & 220 MONASTERY RIDGE RD. 45-9((3))-4 SANDRA DUNIVAN STEPHENSON, VA 22656 SAME RA RURAL REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. 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 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 Sigtiage 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. 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: P Prvperty Identification lv^ nei a� i.�►.11 �"`+ • 1 ! 3biCt Prz� ' of 7 Preliminaryj1 Pursuant',,, 1--ion soc� o? :be code of uirg:nic. 1950, as amended, find the provisions of the Frederick County Zoning Ordinance with resPect to conditional zoning, �: offers that in the event the Board of Supervisors of the under:.,.,:.: ---_ .i _; r..__.- _ ; f.,r thj:tzoning Of Frederick C'rilm �- ire��ua, s,iali jpp,o�e Rezoning f.ppiica:+�.: ,� la C . ;(R A . GomnDistrict to nu,ii1csaLP-1, Zoning 10.33 (+/• from !"T�l :[y skull i(HA) Overla Zone. Development ofthe subjectpropc Distnet a -.a be done in conformity with the terms and conditions set forth herein, excerpt to the extent that such -erne Arai conditions may be subsequently amen-e4 or revised by tltc applicant and such-pl,_N,C4 ay the Frederick County board of "upervisors in accordance with Virginia law. In the event that such rezoning is not grantod, then these proffers shall be deemed have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Bor. �•f : •r:-^ i'u" for the C't nri rf e'=�'-iry �'"X'nitj -pproves the rezoning for .lie 10.33 (+' 1 i:res thew ,I, rs' .gnr Transuor:::t►oi+ C- iiu,., , d►,T,_'..� �r• fFr• : _ I;— .end a� ', sis j' ±'►: i z olanning stage in accordance with the Virginia Department of Transportation (VDOT) standards. pTaviCie neC�'�SSiv flglit �f �av iliJiiK ::�uw :.4..:or rcitt:.:l:F r�;v_: VDOT. ;.t Lt4 All E,w&i:es s►all be iirut:d w'zv, o , c', ent-a-:ces shall be constructed in accordance with VDOT standards and Frederick County standards. Allo U-M 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 DEC-07-2001 13:19 TEI .ZINC P.03 REZONING REQUEST PROFFER Limit tlic allowed business sign to one sign. The sign sball be of monument-twe co.- structicn and limited to fifty (50) square feet :n r ��r a plat �!► j. ►11.-�r• (111bMVC)tlCllt� ili L::�DLg t���varLQ,c �lVoitl:til PQ,1�=1 P!ovl+':e sjxc ty-tyre grazing alone the pararneitr•,) he la�ou pond duet aexviees the 10.33 (+; -) acres. G;,&hons pr, �1 grpvt• shall be binding upon the heirs, cxecutots, adminisll wrs, -t4cr wri r.trr�canrc ir interest of the Appl1(%ant and Owner. in JIJ evelli aw FftilClick �_ of Supervisors grant said rezoning and accepts these conditions; the p*^ -t ��•.�di•ir,rs sh�11 �F..� r.� •�1:::;. r- r. ,a. ion to other requirements set PROPERTY OWNER T�Ii;tlo�ts►ty S."T Its of tilt! "Aoit Holy T. iu;Ity ------- STATE OF M.4RYLAND. Ar LA R(JE MONTWRERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this 1 1 th day of Decemhe r, 2001. inv i nrt,ntlStilO[1 Citl�,iw: .ltlla( I Notary Public: Revised 12/05MOI prr Frederick County S and Plooniac, 1.oa mmbuon i.u:runr Mi ','JTPL P . 03 AMENDMENT Action: PLANNING COMMISSION: December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10-01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WHEREAS, Rezoning # 10-01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #28-01 This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Richard C. Shickle, Chairman Ay-e— Sidney A. Reyes ASP W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST John R. iley, Jr. Frederick County Administrator PDRcs. 928-01 O:\Agmda \COMMENTSVU-20NING\RESOLUTNUordan Springs wpd v a � . i.�i�sk+a V' T COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY OLD ARLS D. NOTTINGHAM 14031 EDINBURG,4LLEY VA 2824E J ERRY A. COPP RESIDENT ENGINEER C�Id� 11SS10NER TELE (540) 984-5600 September 11, 2001 FAX(540)984-5607 0 � 0 Mr. Evan Wyatt, Planning Director County of Frederick Department of Planning 107 North Kent Street Winchester, VA 22601-5000 Ref: Conditional Use Permit Comment Jordan Springs Route 664, Frederick County Dear Mr. Wyatt: The attached sketch depicts a commercial entrance of appropriate design for the Jordan Springs request. ' The minimum entrance required for this application will require an entrance 30' wide at the back of the radii with 25' radii to the edge of pavement and paved with 2" of asphalt. No curb and gutter will be required. A land use permit will be required accompanied by an engineered drawing. I trust this information will be helpful. Steven A. Melnikoff Transportation Engineer SAM/rf Attachment tiECEIVE D, xc: Mr. Dave Heironimus Mr. Steve Gyurisin S� P 1 2 2001 °T OF PLANNINGIDEVEIOPM �� to (CID r enee g,aN 5r ,r Co _ Y 40 — — � — — �X �er7p CU%VerT -�c. e no oC r, 10 / .StZ2�b 2-9 4 r CC:y 4 .ti EiO� S�GNT O�STf1/�/CE 550` / � ee�� PL, A Al v/.E W EP • RTE_ Pauemen71- �4 ,r,,�►ta7,r �,cfSv f3 " .2 , � sTbNL-- @ Z Al T,QA N C E 0 November 7, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. 200 Aviation Drive P.O. Box 2397 Winchester, Virginia 22604 RE: Jordan Springs Rezoning Frederick County, Virginia Dear Mr. Gyurisin: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of your request to rezone approximately 10 (ten) acres located at 1160 Jordan Springs Road from RA to B-2/HA. Based on this review, we offer the following comments: 1) The impact analysis indicates that the sewage treatment is covered by the Department of Environmental Quality permit VA0029653. Provide a copy of this permit including a location plan delineating the on -site lagoon. 2) Clarify the comment under water supply. We understand that the water supply is derived from a well source. Indicate the well location on the site plan identified as drawing number 1. 3) Indicate the actual location of the spring for which the property is named. This location should be reflected on drawing number 1. Our approval of the proposed rezoning will be contingent upon receipt of the above information and revisions. Sincerely, HaMeytrawsilyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Zoning./ 107 North Kent Street • Winchester, Virginia 22601-5000 COPY FOR YOUR INFORMATION COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 19, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 RE: Jordan Springs Rezoning - 1160 Jordan Springs Road Dear Mr. Gyurisin: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of October 16, 2001. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Department of Historic Resources' files, and the applicant's proffer statement. Historic Resources Advisory Board Comment The ten -acre parcel proposed for rezoning from the RA (Rural Areas) District to the B2 (Business General) District, with the HA (Historic Area) Overlay Zone, is located within the study area for the Second Battle of Winchester. Located on the subject parcel are four structures, two ofwhich are historically significant. The two historic properties include amain spa/hotel building and a cottage. The main hotel building has been determined eligible for the State and National Register. This main hotel building is proposed for utilization by the County Court Reporters, Inc. as their corporate offices. The HRAB considered details of the County Court Reporter's business, their plans for the property, and its history. Discussion included the HRAB's role in future external changes to the property if the HA Overlay Zone is approved. The applicant expressed their desire to be sensitive to the property's history and explained why they were seeking the HA Overlay Zone. There were no adverse comments by the HRAB and, after consideration, approval of this rezoning application was recommended. The HRAB is in support of the submitted proffers and finds limiting the uses of the B2 Zoning District appropriate, as proffered. Permitted uses would be limited to the following: health services; legal services; engineering, accounting, research, management and related services; general business offices; public buildings; and residential uses accessory to allowed business uses. Members felt that the applicants were making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the HA Overlay Zone. The HRAB looks forward to reviewing any future proposals from the applicant. Please do not hesitate to contact me if you have any questions regarding the formal comment from the Historic Resources Advisory Board. Sincerely 6M4100� Rebecca Ragsdale Planner I RAR/ch cc: Missionary Servants of the Most Holy Trinity 107 North Kent Street • «'inchester, Virginia 22601-5000 Dec 14 01 03:27a C.W. clifford & assoc. 540-665-0493 P•1 VIRGINIA DEPARTMENT OF HEALTH Page 122 of SEWAGE COLLECTION AND TREATMENT REGULATIONS _----------- 71 Where it is not possible to provide potable water from a public water supply. a ewe% may be provided. Location and construction of the well shall com I with requirements of the Department. 2. All sewage treatment works shall be provided with or have ready access to a toilet and For a treatment works at which the operator is required to be on duty for eight or more hours per day, a shall also be provided. 3. Minimum laboratory space for treatment works not performing BOD and suspended solids testing on -site shall be 50 square feet of floors ace with 20 square feet of bench area. Treatment works providing on -site BOD, suspended solids, or fecal coliform analysis shall provide a minimum of 400 square feet of floor space and 150 square feet of bench space. If more than two person s will be working in the laboratory at any given time, 100 square feet of additional s ace should be provided for each additional person. Advanced sewage treatment works shall provide a minimum of 100 additional square feet of floor space, with a proportionate increase in bench space. On -site laboratories shall be Isolated from treatment works a ui ment vehicular traffic, etc., so as to render the laboratory reasonably free from the adverse effects of noise, heat, vibration, and dust in accordance with VOSH requirements.j1_ 4. Safety provisions should protect operators and visitors at treatment works from exposure to i i hazards In accordance with VOSH requirements. The designer should refer to the applicable occupational safety and health standards of the Virginia Departmeni of Labor and Industry for the appropriate requirements. The following shall be required as a minimum, as applicable: a. Enclosing the treatment works site with a fence designed to discourage the entrance of unauthorized Persons and animals. b. Providing adequate li hg ting, installing handrails, and establishing access ug arils, where necessary, and posting "No Smoking" signs it hazardous locations. c. Providing first aid supplies and safety equipment, including protective clothing and equipment such as gas masks, go, We and gloves. d. Providing explosion proof electrical equipment, non -sparking tools, etcin work areas where Rezoning Comments Frederick County Attorney flail to: irederick County Attorney Co. Administration Bldg., Suite 202 07 North Kent Street Vinchester, Virginia 22601 G40) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia applicant: Please fill out the information as accurately, as possible n.order to:assist the Gouiity 7 tomey's office with their review. Attach a yy co of our.a lYcation form ,location.:map, . „ .: pp Froffer statement, impact analysis, and an . Y:other pertunent iriformafion.... Applicant's Name:, 1 q p i= "h., A CC a-, J Telephone: Nailing Address: Location of property: � d R-b n&j S P I _DnJ SPA-1 Current zoning: R4 Zoning requested: x- 2k,4Acreage: /o CountyAttorney's Comments: Assistant County AttOmey's Signature & Date: Rezoning Comments Jordan Springs Virginia Department of Transportation Mail to: Hand deliver to: Virginia Dept. of Transportation Virginia Dept. of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, VA 22824 Winchester, VA 22601 Applicant: Please.:fiff out the.information as: accurately as possible,.in-ordet..to. assist the Virgiriia.Departmerit of .Transportation with their review. Attach three copies of your application form;location map, -proffer statement, impact 'aualysis, 'and-ah o,ther:: pertinent information. Q3oa Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-?ff5&) Mailing Address: c/o Stephen M. Gnrisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Virginia Department of Transportation Comments The application to rezone this property appears to have �Iilbt.11e. measurable impact on Routes VDOT facility which would provide access to the property. Before development, this office v. a complete set of construction plans detailing entrance designs, rlraina�p fa_ntiiraa,�anrl tr-af data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the ri roadway improvements and drainage. Any work performed on the State's right-of-way must be c is peffait is issuecl by this ottice and requires an inspection f bond coverage. Thank you for allow'1the opportunity to comment See attached letter f Steve Melnikoff dated 09/11/01 wit h. VDOT Signature & Date: 10 22 Notice to Advisory Board — Please Return Thistrorm to the Applicant 64, the 11 require is flow at to and off -site vered and surety )m Mr. 0 Rezoning Comments Jordan Springs Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately, ass.possible inIorderfo.'.ass st the Frederick County Fire Marshal with his review. Attach a copy of.your application form, location map, proffer statement, impact analysis, and any other pertinent.: information. 9306 Applicant's Name: TRIAD Engineering, Inc. Phone: 540 667 Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive PO Box 2397 Winchester, VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Fire Marshal's Comments N. , Fire Marshal's Signature & Date Notice to Marshal — Please Return hi"s Form to the Applicant Fieldl : COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. RZO1-0008R Date Received 10/15/01 Date Reviewed 10/31/01 Applicant Triad Engineering, Inc. Address 200 Avaition Drive P.O.Box 2397 Winchester, Va. 22602 Project Name Shalom et Benedictus Phone No. 540-667-2139 Type of Application Rezoning Current Zoning RA Ist Due Fire Co. 13 Ist Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 44-A-294 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Areas not dilenated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes XX No Comments Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Hydrant Locations Adequate Inadequate Not Identified XX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signatures r c `w�itle ss�d— 0 • 0 Rezoning Comments Jordan Springs Fire and Rescue Company Name of Fire & Rescue Co. Address & Phone Clearbrook Vol. Fire Co. Inc. P.O. Box 56 1256 Brucetown Rd. Clearbrook, Va 22624 Applicant, . Please. fill' -out the information as,-accurately:as :possible.. in: oider..t6: assist�..thq',i Fire and Rescue Squad.,.With their review.. Attach.'a co.Py of. your application - form location map; proffer statement, iripactl, anal` n:d` :;any; :o.flieJr'.';;:pertment- information . ; .... ..:. .'. Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-9�00 Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive, PO Box 2397 Winchester, VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Fire and Rescue Company's Comments );-19 Fin N Rezoning Comments Jordan Springs Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. .q.300 Applicant's Name: TRIAD Engineering, Inc. Phone: (540 66�� Mailing Address: c/o Stephen M. Gwrisin 200 Avaition Drive, PO Box 2397 Winchester, VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Sanitation iAuthority uthorityl�Comments RatV15,r YJ;15- Sanitation v� 14 Rezoning Comments Jordan Sprin Frederick - Winchester Health Department Mail to: Frederick -Winchester Health Dept Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Appl cant Please: fill but the information.as accurately_ as possible in.order to'assist the Frederick Winchester Health: D:epai inient withttfieir review. Attach ar copy of,your . a. application form' location map; proffer statement, impact analysis, and"any other pertinent' inforiiiation:., ..:::.• 93aa Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-3422r- Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive PO Box 2397 Winchester, VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Frederick - Winchester Health Department's Comments 7%r_i-i e C l rk e� r T &e 4 l-- h o�n1� AZO �/ ✓ vwn� l ti-e't5 /r� ll f 1- ; r1 /T-kci t' Alavu e . T - Per Al' t F/ov}, cvyf_j, G1 1kr. Gri(-�eh Overt er c Nvw.e , �� All 6 1 ,_- -5- (SyJ) ,s n - ?Soo & Date: Z2 Signature 3 //Co Notice to Health Department - Please Return This Form to the Applicant 15 Rezoning Comments Jordan Springs Historic Resources Advisory Board Mail to: Frederick County Dept. of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Dept. of Plarming & Development Co. Administration Bldg., 4Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach 'a copy of your application form, location map, proffer statement;;impact.analysis, .and'any.;other. pertinent information. ,?'3Da Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667 Mailing Address: c/o Stephen M. G) urisin 200 Avaition Drive, PO Box 2397 Winchester, VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Advisory Board Comments PLF_ Me- SF LF-TTEK p la 11s l o I Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant 0 Rezoning Comments Jordan Springs Superintendent of Frederick Co. Public Schools Mail to: Frederick Co. Public Schools Attn: Superintendent P.O. Box 3508 Winchester, VA 22604 (540) 662-3888 Hand deliver to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg. 1415 Amherst St. Winchester, VA 22601 Applicant:' Please fill_ out the: infoi7nation;as accurat'gly.as;possi m order.to assist,the Superintendent of Public Schools with `lus review Attach'a copy ,oft your` application , form,, location `map; proffer statenrierit; .impact ""'A" is' and any other'"'pertinent information: Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-2139 Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive, PO Box 2397 Winchester, VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road Va, Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Superintendent of Public Schools' Comments Superintendent Signature & Date L�CI�G Notice to School Superintendent — Ple Return This Form to the Applicant 13 � ``\SWdents An o � 0 Frederick Co un ty Public Schools Administrative Assistant to Visit us at www.frederick.k12.va.us e-mail: the Superintendent orndorfa@frederick.kl2.va.us October 17, 2001 Stephen M. Gyurisin TRIAD Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 RE: Rezoning Property 1160 Jordan Springs Road Dear Mr. Gyurisin: This letter is in response to your request for comments concerning the revised planning application for rezoning 10.33 acres located at 1160 Jordan Springs Road from RA to B-2/HA. Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Sincerely Cat a4c.` Al Orndorff Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 �:/P FAX 540-722- 188 MEMORANDUM TO: ALL REVIEW AGENCIES FOR FREDERICK COUNTY, VA FROM: STEPHEN M. GYURISIN, TRIAD ENGINEERING, INC. DATE: 10/10/01 SUBJECT: JORDAN SPRINGS / COUNTY COURT REPORTERS, INC REZONING OF 10+/- ACRES FROM RA TO B2 WITH HISTORIC OVERLAY HA PLEASE NOTE: AREA IS REVISED FROM 29 TO 10 ACRES Attached you will find a comment sheet and appropriate supportive material for your review of the request to rezone 10+/- acres surrounding Jordan Springs from the current Rural Area Zoning District to B-2 Commercial District with a Historic District Overlay Zoning District (HA). Thank you in advance for your quick response to our request for additional comments regarding this rezoning. Copies of your previous comment(s), if applicable, are attached pertaining to the recent request for a Conditional Use Permit (CUP). You may fax or e-mail your response comment. As always we are trying to make a meeting schedule deadline and thank you in advance for your timely response. Thanks, Steve Stephen M. Gyurisin (guy-ra-sin) Director of Planning and Development Triad Engineering, Inc. PO Box 2397 200 Aviation Drive Winchester, VA 22602 Phone: 540-667-9300 x103 Mobil Phone: 540-533-4373 Fax. 540-667-2267 E-mail Direct:steveg@triad-winc.com UUIU!/U1 PK1 11:4L FAX 5404345841 '1'rlaa 1-tarrlsonour8 tLjvVI- I COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM F-VjV7 THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictus, Inc. Facility Name: Shalom et Benedictus STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac Section: 11 class: IV special Standards: pH The authorized discharge shall be in accordance with this cover page, Part' I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable To All VPDES Permits, as set forth herein. tor, Dep;�,irtment of Environmental Quality an e A;t r997 Date PART I A. INiERIM EFFl11ETli LIMITATIDJS PAD KNITCRI% REgJ F2- Mb Permit ib. VA0029653 Page 1 of 8 1. a"ing the pe icd beglming with the pe tt'5 effective date and tasting UitiI the amuumH'it of disd-orge from the LWaded facility in accordance with the Stele of Gmplimre in Part I.C., the permittee is authorized to discharge from outfali serial mrrber 001. Srth discharges shall be limited and nmitared by the permittee as specified below: Flow (RW pH (standard wits) BCIs Suspended Solids Total Resid.,al Chlorine (JX) (mg/1)3 ItrOly Average N4 30 99/1 0.8 kg/d 78 ng/l 2.1 kg/d NA DISO V U LIMITATICAS Weekly Average NA AIA 45 99/1 1.2 kg/d 117 m9/1 3.1 kg/d N4 L - No Limitation, monitoring rocVired W — Not 4plicable 2. The design flow of this treatmait facility 1s 0.007 MD. 3_ See Part I.B. for TIC limitations. 4. There shall be no discharge of floating solids or visible fo3n in other than trace w=ts. 1/08y Estimate I/Day Grab 1/Mmth Gab 1/Morrth Gab 1/D3y Grab Oq Permit No. VP0029653 Page 2 of 8 PART I FINAL EFRLENT LIHITATICNS M KNITCRM RfUPOAN5 1. Upon oQmiarzn3it of discharge frun the upgraded facility, the following effluent limitations and mnitoring nxr Arenahts shall be=m effective at outfall serial nnber 001 and retain in Affect until the permit's eviraticn date. Suds dlscf�T shall b 110t8d and nMfVW �Y the Ptttf as serif ed below. 'law•(w, ttrtthl v Average K ii (standard units) i'1°` MA Oxe - ) 16 ag/1 0.42 kg/d XD, (Deter - VOY) 25 ug/1 0.65 kg/d Duspanded Solids 30 ng/l 0.8 kg/d rotal Resid-al Chlorine (TRC) 031V NA Anrmia-N UM - Noverf�er )` LB ng/1 0.05 kg/d trmmia-N wecarfier - ft)` 2.9 ng/l 0.08 kg/d Dissolved D)p'gen (nig/1) - Pb Limitation, amitoring required - Pbt Applicable 2. The design flow of this tre tTmt facility is 0.007 MM. 3. See Part I.B. for X limitations, pjSGJ qj I KTATIQ�S Weekly Avers NA N4 24 rtg/l 0.64 kg/d 40 ng/l 1.06 kg/d 45 rtg/1 1.2 kg/d N4 N4 NA NA 4. See Part I.D. for additional a nitorin3 instructions. S. There shall be no discharge of floating solids or visible fain in other than trace warts. ntti imm MI)d h4dMINS Ftea ( REIl 10-Un Samle � N4 K 1/D21y Estimate 6.5 9.5 1/Day Grab Nq µq 1M3-fth Grab iye N� 1Rtnth Grab Nq Lft rth Grab N4 1/1)4y Grp tiq 1-8 rtg/l 0.05 kg/d Lftr th Grab NA 2.9 ng/l 0.06 kg/d 1/6Ynth Grab 5.0 L'Bay Grab O 0 0 r r r N Cn 0 w cn r 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg LgJuuo , .;rmit No. VA0029653 Part I Page 3 of 8 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS 1. a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/l for any one calendar month. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. C. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non -detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non -detectable TRC concentration. Where the TRC concentration is within the limit of BA., the permittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall betaken within 45 minutes after the original sample. Should.this TRC sample measurement indicate a non -detectable concentration, then the original sample shall be considered as being in compliance with the permit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of BA., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non -detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit'limitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (DMR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 mg/l. 09/07/01 FR1 11:43 FAX 5404345841 Triad Harrisonburg Cuuo . ermit No. VA0029653 Part I Page 4 of 8 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Colifonn parameter shall be limited and monitored by the permitter, as specified below: Discharge Limitations Monitoring Requirements Monthly Avg— Frequency Sample Type Fecal Coliform 200 (n/100 ml) (Geometric Mean) 1/Week Grab Between 10 a.m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.14. 09/07/01 FRI 11:43 FAX 5404345841 Trlact Harrlsonburg C.UUI , :,rmit No. VA0029653 Part I Page 5 of 8 C. SCHEDULE OF COMPLIANCE The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit 2. Report of progress By January 10, 1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3_ 3. Achieve compliance with final Within 4 years after the effective date of this limits permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. Vy/ V f / U1 rnl 11.44 rhA .7q Ugjq.70g1 11'lau n k11'1'1JV11UU1'16 y� vv. 1: ermit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS 1. The Quantification Level for Ammonia-N shall be 0.2 mg/l. 2. Compliance a- Monthly Average Limit Compliance with the monthly average limitations for Ammonia-N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shall be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithinetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia-N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit U9/UY/U1 FRI 11:44 FAX 5404345841 Tr1aa Harrlsonourg vermit No. VA0029653 Part I Page 7 of 8 E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS 1. 95% Capacity Reopener — A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers — The permittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: EL Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. W-JV%)ZI 3. CTC, CTO, O & M Manual Requirements -- The pemuttee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities an d operating the facilities respectively. 09/07/01 FRI 11:44 FAX 5404345841 Triad Harrisonburg LjU.1U 1-crmit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (0 & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised 0 & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or 0 & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement -- No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ-Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. 5. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the pernaittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the submit changes, the revised Sludge Management Plan becomes an enforceable part of the permit. 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg Lgju11 Perm, .4o. VA0029653 Part 11 Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS 1. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permitfee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to: 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg Lf1--luIZ Perms. Ao. VA0029653 Part II Page 2 of 11 Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. The permittee shall furnish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to famish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the Department upon request, copies of records required to be kept by this permit. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. Unauthorized Discharges Except in compliance with this permit, or another permit issued by the Board, it shallbe unlawful for any person to: 1. Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or UZI/ V I/ Vl rnl 11: yo VhA b4U434b841 'lrrlaa tlarri SOn Durg LVJ V1J Perm,..-w. VA0029653 Part II Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of Unauthorized Disft= Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part H.F. or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part II.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of t Tnusual or Extraordinary Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; UU/UY/U1 rx1 11 : 4b r'AX 5404345841 'rrlaa riarrisonour8 Ly, Vlv Perm, No. VA0029653 Part II Page 4 of 11 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. ..••• • .� •!1Vol The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. 1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case -by -case basis for reports of noncompliance under Part H.I. if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts II.I.1. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part 1112. NOTE: The immediate (within 24 hours) reports required in Parts U. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. 1. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg LYJ U 10 Perm-, ,o. VA0029653 Part H Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or C. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The pemuttee shall give advance notice to the Department of any planned changes in the perrnitted facility or activity which may result in noncompliance with permit requirements. a�• •• ;- =2140MIM Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg Lyj ulo Pem,,t No. Z/A0029653 Part II Page 6 of 11 b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or C. For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part II.K.1., or by a duly authorized representative of that person. A person is a duly authorized representative'Only if: a. The authorization is made in writing by a person described in Part U.K.I .; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the corn pany. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Department_ 3. Changes to authorization. If an authorization under Part II.K.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II.K.2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Parts II.K.1 . or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are 09/U7/U1 FRI 11:47 FAX 5404345841 'Triad Harrisonburg W-JVlr Pen,.,c No. VA0029653 Part II Page 7 of 11 significant penalties for submitting false information, including the possibility of fine and imprisonment for ]mowing violations." L. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. M. Duty to Remy If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. N. Effect of a Perini This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of Federal, State or local law or regulations. 0. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part H.U.), and "upset" (Part II.V.) nothing in this permit shall be construed to relieve the penmittee from civil and criminal penalties for noncompliance. UU/UYIU1 rxl 11:46 FAX 5404345841 Tr1ad Harrisonburg LMJ vlo Perm. No. VA0029653 Part Il Page 8 of 1 1 P. Oil and Huardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate Iaboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the pemuttee only when the operation is necessary to achieve compliance with the conditions of this permit. R. Disposal of Solids or Sludizes Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Duty to Mitigate The permitt" shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt or Reduce Activity not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 1. 'Bypass" means the intentional diversion of waste streams from any portion of a treat rrient facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts II.U_ 2. and U.3. 09/07/01 FRI 11:48 FAX 5404345841 Triad Harrisonburg LY.J V1y Perm,. No. VA0029653 Part H Page 9 of 11 2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part HI 3. Prohibition of bypass a. Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted -notices as required under Part H.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part H.U.3.a. V. Upset 1. An upset constitutes an affirmative defewe to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part H.V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: ,,,,, v.. — .— 11-- rrIA Oq V9J9OO91 iriau narr-Lbullvul6 Permi► No. VA0029653 Part II Page 10 of 1 1 a. An upset occurred and that the permitter can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in Part'II.I.; and d. The permittee complied with any remedial measures required under Part II.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any Iocatiom For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. �• 4 Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permitter, for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. L/-ULl 09/07/01 FR. 11:49 FAX 5904345841 Triad Harrisonburg._ Pem,.. No. VA0029653 Part II Page 11 of 11 Permits are not transferable to any person except after notice to the Department. Except as provided in Part U.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new perrnittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part II.Y.1., this permit may be automatically transferred to anew permittee if: a. The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit, If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II.Y.2.b. Z. fSeverability The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. OUTPUT MODULE APPLICANT: PIN 44-A-294 Net Fiscal Impact LAND USE TYPE business Costs of hmaacLcle It INPUT MODU��a REAL EST VAL $3.861,500 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 1 trOpital Fa .illii s col sum only) Op .r •ao o io Expend/Debt S Taxes, Olhe Fire and Rescue Department $20,145 Elementary Schools SO Middle Schools SO SO So High Schools SO Parks and Recreation 50 SO Public Library SO SO Sheriffs Offices $0 $1,228 So SO Administration Building SO So Other Miscellaneous Facilities SO S14,238 S2,865 SUBTOTAL S20,145 S15,467 $2,865 So LESS: NET FISCAL IMPACT S685,749 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per Woadjtlsted) Cost Balance Facilities Impac Dwelling Unil So SO S20,145 ERR So SO SO ERR SO SO SO ERR SO So SO ERR $1,228 $1,228 SO ERR 50 SO So ERR S17,104 S17,104 SO ERR S18,332 $18,332 $1,813 ERR S685,749 S685,749 4 ERR $01 ERR INDEX: "l.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10/15/01 ERL P.I.N. 44-A-294 Rezoning: Assumes10 acres zoned B2, utilizing the existing 38,615 square feet of finished area Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. IMPACT ANALYSIS STATEMENT A PROPOSED REZONING For PARCEL ID 44-((A))-294 Stonewall Magisterial District Frederick County, Virginia September 2001 Prepared For: County Court Reporters, Inc - Purchasers Missionary Servants of the Most Holy Trinity - Owners Prepared By: Triad Engineering, Inc. 200 Aviation Drive PO Box 2397 Winchester, Virginia 22604 540.667.9300 - Phone 540.667.2260 — Fax off cc @,triad -«zinc coil, www.triadeng.com Impact Analysis Statement Jordan Springs Table of Contents 1 Introduction ........................... 2 Site Suitability..... """"""' """"' ...................................... 2.1 100 Year Flood Plain .............. 1 2.2 Wetlands ....................... 1 .................. _3 Steep Slopes ....................... ................... _4 Mature Woodlands ...................... 1 ................................. 2_5 Soils ............................. 1 .......................................................... 2.6 Comprehensive Planning 1 Surrounding Properties ........... 1 3_1 Nuisance Factors ............ ................................................... 4 Traffic ............................ ............................ Sewage Conveyance and Treatment .............. 2 6 Water Supply ........................ ...................... Drainage .............................................................. 2 ................................ 8 Solid Waste Disposal Facilities............ 2 9 Historic Sites and Structures . 2 10 Impact On Community Facilities ................................ 2 10.1 Education ............................... ........... 2 Emergency Services........................................................... 10.3 Parks and Recreation ................. 3 Impact Analysis Statement Jordan Springs 1 INTRODUCTION The subject parcels contain a total of 10.33 (+/-) acres. The property is located on the West Side of Jordan Springs Road (VA Route 664) approximately 4.5 miles northeast of the City of Winchester, VA. The property is currently zoned RA (Rural Areas District) with limiting non -conforming rights, and the owner and purchaser desire to change the zoning to B-2 (Business General District) with a HA (Historic District Overlay). The intended purpose of this zoning is to allow of the continuation of the use, preserve the existing structures and to provide for office space for County Court Reportors, Inc. 2 SITE SUITABILITY The site is very well suited for limited development of the existing structures with restoration and preservation measures. The existing structures have been used for more intense uses than the proposed use. 2.1 100 YEAR FLOOD PLAIN A portion of the property is located within Zone A (100-year flood plain) along Hiatt Run. The existing structures are located outside of Zone A. No development is planned that would impact the existing flood plain of Hiatt Run. Map 5100630110B 2.2 WETLANDS There are no observed wetlands within the boundaries of the parcel. Additionally, there is no observed hydrophilic flora that might suggest the potential for wetland reclassification. 2.3 STEEP SLOPES The site contains steep slopes to the southeast of the main existing structure. 2.4 MATURE WOODLANDS The site contains trees and woodland areas. 2.5 SOILS There are no critical soil areas identified on the site. 2.6 COMPREHENSIVE PLANNING The property is outside of the Urban Development Area. 3 SURROUNDING PROPERTIES The property to be zoned is bordered on all sides by land owned by the Missionary Servants of the Most Holy Trinity and is vacant undeveloped land. Properties adjoining the entire parcel owned by the Missionary Servants of the Most Holy Trinity are either vacant undeveloped or residential (large lot) properties. Page 1 Impact Analysis Statement Jordan Springs 3.1 NUISANCE FACTORS There are no anticipated nuisance factors inappropriate to the zoning. No air or water pollution sources will be generated, and the noise potential is not expected to reach the 75 dBa threshold for nuisance as noted in the Frederick County Zoning Ordinance 165-35-(H). There are no anticipated residential impacts. 4 TRAFFIC The parcel has approximately 500+/- of frontage to Route 664, Jordan Springs Road. The average two-way weekday 24-hour volume for 25 employees is 91 vehicle trips with 12/2 and 2/11 (enter/exit) during AM and PM peak hours. See attached Trip Generation Calculations. 5 SEWAGE CONVEYANCE AND TREATMENT The property is served by Department of Environmental Quality (DEQ) permit VA0029653. A copy is attached for review. The proposed use of County Court Reporters, Inc. is within the limits of the permit. 6 WATER SUPPLY A private provides water supply well. 7 DRAINAGE The site has no identified drainage problems. The property slopes from the northwest to the southeast. No increase in storm water runoff can be expected with development of the property since no new structures or parking areas are anticipated. 8 SOLID WASTE DISPOSAL FACILITIES No additional solid waste disposal facilities will be required for the proposed rezoning. 9 HISTORIC SITES AND STRUCTURES The site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County inventory of sites. See attached information. 10 IMPACT ON COMMUNITY FACILITIES This rezoning request is to change from RA (Rural Area District) with allowed non -conforming rights to conduct certain uses to B-2 (Business General District) with HA overlay. There are anticipated to be no significant impacts to community facilities. 10.1 EDUCATION No impacts to education facilities are anticipated. Page 2 Impact Analysis Statement Jordan Springs 10.2 EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is Clearbrook. No additional police, fire, or rescue facilities will be required due to the rezoning. 10.3 PARKS AND RECREATION No impacts to parks and recreation facilities are anticipated. Page 3 MPACT ANALYSIS STATEMENT Traffic Analysis Summary County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 25 Employees of Single Tenant Office Building October 10, 2001 Avg. Trip Rate Min. Trip Rate Max. Trip Rate Std. Dev. No. of Studies Avg. Weekday 2-Way Volume 3.62 2.09 7.61 2.41 14 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 0 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 7-9 AM Peak Hour Total 0.52 0.27 1.01 0.74 37 4-6 PM Peak Hour Enter 0.08 0.04 0.16 0.00 0 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total 0.50 0.29 1.08 0.72 37 AM Pk Hr, Generator, Enter 0.46 0.24 0.90 0.00 0 AM Pk Hr, Generator, Exit 0.06 0.03 0.11 0.00 0 AM Pk Hr, Generator, Total 0.52 0.27 1.01 0.74 37 PM Pk Hr, Generator, Enter 0.08 0.04 0.16 0.00 0 PM Pk Hr, Generator, Exit 0.43 0.25 0.92 0.00 0 PM Pk Hr, Generator, Total 0.50 0.29 1.08 0.72 37 Saturday 2-Way Volume 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2-Way Volume 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Total 0.00 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 25 Employees of Single Tenant Office Building October 10, 2001 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 3.62 2.41 1.00 91 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 0.46 0.06 0.52 00.00 .00 0.74 1.00 1.00 1.00 12 2 13 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total 0.08 0.43 0.50 0.00 0.00 0.72 1.00 1.00 1.00 2 11 13 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 0 0 0 Note: A zero indicates no data availalQle. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 25 Employees of Single Tenant Office Building October 10, 2001 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 91 12 2 2 11 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 0 0 0 Sunday 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 17 Employees of Single Tenant Office Building October 10, 2001 Avg. Min. Max. No. Trip Trip Trip Std. of Rate Rate Rate Dev. Studies Avg. Weekday 2-Way Volume 3.62 2.09 7.61 2.41 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 14 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 0 7-9 AM Peak Hour Total 0.52 0.27 0. 4-6 PM Peak Hour Enter 0.08 0.04 . 0.16 0.0000 37 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total AM Pk 0.50 0.29 . 0. 0 37 Hr, Generator, Enter AM Pk 0.46 0.24' 0.90 0.0000 0 Hr, Generator, Exit AM Pk 0.06 0.03 00 0.74 0 Hr, Generator, Total PM Pk Hr, Generator, 0.52 0. 1.01 . 0. 37 Enter PM Pk Hr, Generator, 0_08 0.04 0.16 0.0000 0 Exit PM Pk Hr, Generator, Total 0.43 0 25 . 00 0.72 0 Saturday 2-Way Volume 0.50 0.00 0 .29 1.08 0. 37 Saturday Peak Hour Enter 0.00 0..0000 0.00 0.0000 p Saturday Peak Hour Exit 0.00 0.0(3 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2-Way Volume 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Exit 0.00 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Total 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 17 Employees of Single Tenant Office Building October 10, 2001 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 3.62 2.41 1.00 62 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 0.46 0.06 0.52 0.00 0.00 0.74 1.00 1.00 1.00 8 1 9 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total 0.08 0.43 0.50 0.00 0.00 0.72 1.00 1.00 1.00 7 7 9 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 17 Employees of Single Tenant Office Building October 10, 2001 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 62 g 1 1 7 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 0 0 0 Sunday 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP'GENERATION BY MICROTRANS MPACT ANALYSIS STATEMENT Sewage Conveyance and Treatment U`J/U//ul Nxl 11:9L r'Ax 5404345841 Trlaa marrlsonourg LgA U V L COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM 0 THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom at Benedictue, Inc. Facility Name: Shalom at Benedic tua STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac Section: 11 Class: IV Special Standards: pH The authorized discharge shall be in accordance with this cover page, Part I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable Ta All VPDES Permits, as set forth herein. dam/ ;'_� ctor, Dep#tment of Environmental Quality �K e A6,, r997 Date PART I A. INTRIM EFFI.I.ENi LIMITATICNS AND KNITCRI% RECd1IRUIN S Permit No- VA0029653 Page 1 of 8 1. Vine t1epE dal beOrving with the pD tt's effectiT date and lasting wtiI the wmnm ytt of discharge frim the LpTaded facility in accordm with the Stele of Carplixre in Part I.C., the permittee is authorized to discharge fran outfall serial rurber 001. Sudr discharges shall be limited and rtmitored by the permittee as specified below: MLEXE ISTICS DISGAU LIMITATI K)NITCRIr6 WWIR!]41i5 MyOly keraoP Nedcly AveraoE Mini m,n tbx nm ! »y Sarmle Tv[e Flow (MID)' N- N4 M PL 1/1Qy Estimate pH (stan7ar d rnits) M M 6.5 9.5 VDay Crab Kls 30 ng/l 0.8 kg/d 45 ag/l 1.2 kg/d diA 9 117t Grab Suspended Solids 78 rrg/l 2.1 kg/d 117 m3/1 3.1 kg/d H4 ha I/Mmth Grab Total ResidZl Chlorine (TRC) (m3/1)3 M MA N11 K 1/I$y Grab tL - tb Limitation. monitoring regAred M - NA Apl icabl e 2. The design flow of this treatment facility is 0.007 KID. 3. See Part I.B. for TR1; limitations. 4. There shall be no discharge of floating solids or visible foam in other than trace wants. c c Permit No. VADG29653 Page 2 of 8 PART I A. FINsL DTLLENT LIMITATICNS AND KNITCRI% R1371IRf WS I. Upw mart of discharge from the upgraded facility. the following effhaTt limitations and monitoring recpIre eats shall becme effective at cutfall serial niter 001 and resin in effect intil the pardtIs Wntim date. &j, disd�rges shal l be lldt8d and rRnitaTd k ( the P"ttee as sptttei bekw: DISC}p G LIMITATION MarthlY Aymicr i lv Averaoe Flaw (KD)z Nq FM (standard snits) N4 pyq CB4 (Am - fir) 16 mg/1 0.42 kg/d 24 ag/l 0.64 kg/d 03A (meter - F$Y) 25 m3/l 0.65 kg/d 40 m3/l 1.06 kg/d Suspended Solids 30 rtg/1 0.8 kg/d 45 mg/l 1.2 kg/d Total Residual Chlcrine MC) Og/1)' NA N4 Ammia-N (am - No enter)' 1.8 ra3/1 0.05 kg/d N4 Amonia-N (Oecarber - Ftiay)' 2.9 m3/l 0.08 kg/d N4 Dissolved D5 r (nA/1) NA N4 t - Ib Limitation, amitoring required - ibt PTplicable 2. The design flow of this treatment facilitY is 0.007 MM. 3. See Part I.B. for IK limitatims, 4. See Part I.D. for aetional m=itoring instnictions. 5. There shall be ro disdrarye of floating solids or visible foan in other than trace wants. Ri ni MWi MNFUIN; ( FF-WIR MY5 Samle Tvoe N4 hL 1/Day Estimate 6.5 9.5 1/1ay Grab N4 N4 1/Maith Grab N4 NA 1/Ftnth Grab N4 NA 1/t rrth Grab N4 N4 )./Day Grab N4 1.8 m3/1 0.05 kg/d 1/M7ith Grab NA 2.9 mg/1 0.06 kg/d 1ftith Grab 5.0 h4 1/Day Grab 0 cn 0 J O r N v, 0 w W 00 r 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg Lo UU5 , zrmit No. VA0029653 Part I Page 3 of 8 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS 1. a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/l for any one calendar month. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. C. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non -detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non -detectable TRC concentration. Where the TRC concentration is within the limit of BA, the perznittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall betaken within 45 minutes after the original sample. Should.this TRC sample measurement indicate a non -detectable concentration, then the original sample shall be considered as being in compliance with the permit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of BA., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non -detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit limitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (I)MR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 mg/l. 09/07/01 FR1 11:43 FAX 5404345841 Triad Harrisonburg WJ uub . ermit No. VA0029653 Part I Page 4 of 8 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permittee as specified below: Discharge Limitations MonitoringRequireznents Monthly Av — Frequency Sample Type Fecal Coliform 200 (n/100 ml) (Geometric Mean) 1/Week Grab Between 10 a-m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.1-4. 09/07/01 FRI 11:43 FAX 5404345841 1'riad Harrisonburg C. SCHEDULE OF COMPLIANCE J. zrmit No. VA0029653 Part I Page 5 of 8 The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit 2. Report of progress By January 10,1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. 3. Achieve compliance with final Within 4 years after the effective date of this limits permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. Uy/UI/V1 rill 11.99 rAA 59Ug4g0091 11'1dU n U1'1'1JU11UU1'1S qL1- k ermit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS 1. The Quantification Level for Ammonia-N shall be 0.2 mg/l. 2. Compliance a. Monthly Average Limit Compliance with the monthly average limitations for Ammonia-N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shall be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR- "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia-N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit 09/U7/U1 NK1 11: 44 FAX 5404345841 Trlaa Harrlsondurg E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS rennit No. VA0029653 Part I Page 7 of 8 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers — The permittee shall provide adequate notice to DBQ, Valley Regional Office, of the following: a. Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. µI.jVva 3. CTC, CTO, O & M Manual Requirements -- The permittee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities and operating the facilities respectively. 09/07/01 FRI 11:44 FAX 5404345841 Triad Harrisonburg wju1u 1-crmit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (O & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised 0 & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or 0 & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement -- No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ-Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. 5. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the permuttee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the submitted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg Wj U11 Penn, 4o. VA0029653 Part II Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS 1. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. 1. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. y• • •IT•• The permittee shall submit the results of the monitoring required by this permit not later than the 1 Oth day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to: 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg WIulZ Permi. ,4o. V A0029653 Part II Page 2 of l l Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permiri the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. • ' • ! I is)II • The permittee shall furnish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also fumish to the Department upon request, copies of records required to be kept by this permit. .i�• �• .. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. Unauthorized Dischnes Except in compliance with this permit, or another permit issued by the Board, it shall be unlawful for any person to: Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or Vat V I i ul rnl 11; 40 VAA 54u434b841 1'r1aa tiarrisonourK 'L'J V L0 Perm,. Jo. V f,0029653 Part II Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of Unauthorized DisftrQes Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part II.F.; or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part II.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit_ Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of Unusual or Extraordingy Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly fronn processing operations; 2. Breakdown of processing or accessory equipment; UU/U'//U1 rxl 11: 40 PAX 5404345841 Triaa riarrlsonDurb LMj Vly Perna► No. V A0029653 Part H Page 4 of 11 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. 1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a. A description of the noncompliance and its cause; b- The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case -by -case basis for reports of noncompliance under Part H.I. if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts ILIA. or 2., in writing, at the time the next monitoring reports are subrsutted. The reports shall contain the information listed in Part 1112. NOTE: The immediate (within 24 hours) reports required in Parts .II. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. l . The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg �..Ju10 Perm; ,o. V A0029653 Part II Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the' construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or C. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. a,. •. .L I• -I 1. Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 09/07/01 NK1 11:47 FAX 5404345841 Triad Harrisonburg C. ulo Pen,,,t No. 'VA0029653 Part R Page 6 of 11 b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or C. For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purpose s of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part II.K.1., or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part II.K.I .; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company, (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Department_ 3. Changes to authorization. If an authorization under Part II.K.2. is no longer accurate because a different individual or position has responsibility for trte overall operation of the facility, a new authorization satisfying the requirements of Part R.K.2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Parts II.K.1 . or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information subm-itted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are U9/07iU1 111t1 11:47 FAA 5404345841 'Triad Harrisonburg WJV1f Pen,.,c No. V A0029653 Part II Page 7 of 11 significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." MENEM .tt• The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. M. Duty to Reap_pl If the permittee wishes to continue an activity regulated by this permit after the expiration date of this penmit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. N. Effect of a Permit This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of Federal, State or local law or regulations. 0. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II.U.), and "upset" (Part II.V.) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. Phi 11:40 FAX 5404345841 Triad Harrisonburg W.1 vto P. Oil and Hazardous Substance Liability Perm,. No. V A0029653 Part II Page 8 of 1 I Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. The pennittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate Iaboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit. R. Disposal of �qolids or SIudges Solids, sludges or other pollutants removed in the course of treatment or management of Pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Duty to Mitigate The permittee shall take all reasonable steps to minimise or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt or Reduce Activity not a Defensc It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain connpliance with the conditions Of this permit. 1• . 1. "Bypass,, means the intentional diversion of waste streams from any portion of a trImbment facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts II.U_ 2. and U.3. 09/07/01 FRI 11: 48 FAX 5404345841 Triad Earrisonburg ,v1 Vly Perm. No. VA0029653 Part 11 Page 9 of 1 I 2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part IM. 3. Prohibition of bypass a- Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part II.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part 11U.3.a. V. lb"Let 1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part H.V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: il. 11 rt1A .714U'1J4.7041 11'1t1U. nt11'1'1bulluul"6 Permll No. V A0029653 Part H Page 10 of 1 I a. An upset occurred and that the permittee can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in Part•H.I.; and d. The permittee complied with any remedial measures required under Part U.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this pen -nit 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. I.. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 09/07/01 FRI 11:49 FAX 5404345841 Triad Harrisonburg Lgj UG1 Perm.. No. VA0029653 Part II Page 11 of 11 Permits are not transferable to any person except after notice to the Department. Except as provided in Part II.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part 11Y. I., this permit may be automatically transferred to a new permittee if: a. The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittce and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part I1.Y.2.b. Z. Severability The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. IMPACT ANALYSIS STATEMENT Historic Landmarks Survey Data THE INTERIOR lii vi5luN car MINERAL F L SURVEY 536201 SE W000 B M1:l. � Un' r—, 5' 152 753 oOJ N (/NW I I • 81,, �EKER MILL 6 1..:. 5I . SL WSJ]. i .,yy' it �/ �• I �. sch -0 APit .� F� 618` S' t =- -633 83�}•::/, G '`\ _ n ') _ ' Frey co/ railer ] ���.'• :.. Park Hot- 606 f 602 i / 1 EinmanutlCo t. / / ( 1 �`• Ste henSon ! �.� ��,. J •' �\ �\ _ _ , , .f c r' P ler ` rO ailer . \ /ark •�, e:C ; Msn ' - 1• �• ' �66? -' � " •_ • '� 6?3 ' • Dtt, inai- � 1 _ � � � �C'' / l , t urn ;' / \ •` .�'J �4 - If 614 sicr Pit bcp ///C•\/� �(� �n j1 tom, _ =! ( ! % ;Ford 5 ` - � a . e- .7en. arttnenr .;% ; . r.stortc 1gesourres October 26. 1993 Shalom et Benedictus P. O. Box 8 Stephenson VA 22656 RE: Sulphur Spring Spa (Jordan Spring), Frederick County (DHR N-Q 34-110) Dear Sir: At its October 19 meeting, the State Review Board determined that the Sulphur Spring Spa, also known as Jordan Spring, appears to meet the criteria for listing on the Virginia Landmarks Register and the National Register of Historic Places. The board concurs with the Department staff that this property appears to be eligible at the regional level for significance in the area of architecture and recreation. The staff of the Department of Historic Resources does not plan to prepare the national register nomination which is the required next step in the registration process, as our work program is fully scheduled for the remainder of the year and we normally limit our preparation of nominations to those properties for which the Department is accepting an easement. If you are interested in pursuing registration, I would recommend hiring a consultant or preparing the nomination yourself. I would be happy to assist someone with the preparation and upon request will send you a list of consultants and materials necessary to complete the nomination. Thank you for your interest in the register program. Should you have any questions or concerns regarding the registration process, please do not hesitate to contact me. Sincerely, James Christian Hill National Register Assistant REGISM ;VALUATION RAZ'IT1G SHI :17T PROPERTY NIMEk o1 DATE RAT= A 9-3 COUNTY/CITY �,Q_ �'-�C DER He No. ' NR CRITERIA Evaluated Under: 1. DHR Therne/s: Criterion A Criterion B 2. NRI P Property Typeis• �� , .0 Criterion C Criterion D _ 3. Resource Typeis ��}7� /9L'Pf2,J/✓ Criteria Exceptions: 4. Period/s of Significance: 5. Area/s of Significance: n n 1W i Z n72 -0 F, Adequacy of Existing Survey: ASSIG�NT OF BASIS POINTS 1. Level of Significance 5 0 10 15 Local, Regional, State, National 2. Rarity of Property/Resource Type 0 1 2 3 4 5 6 70 8 3. Quality and/or Rarity of Design Z 3 4� 5 6 7 S and Workmanship 0 1 0 1 2 3 4 0 6 7 8 4. Integrity 5. Landscape Features 0 1 2 3 4 6. Contextual Integrity: 1 2 3 4 (it) G�*1, 0 M Immed. surroundings & Assoc. Resources 0 1 2 3 4 7. Archaeological Potential 0 1 O 3 4 7 8 8. Historical Significance &Associative Value 0 1 2 3 4 5 0 ASSIGNMENT OF EXTRA POINTS 1. Unusually Good Representative of Type 0 1 2 3 2. Illustrates History of Ethnic & Cultural Minorities 0 1 2 3 3. Illustrates Distinctive Ways of Life 1 2 Under -Represented on Register 0 4. Offers Exceptional Potential for Study 2 3 and Interpretation 0 1 . �. Visual Prominence as Landmark 0 1 2 3 6. Regional Representation on Register 0 1 2 3 i... �v.. -'flea-•: l Sulphur Spring Spa 34-110 Interior Analysis: High Victorian newel post, identical to the one at the Richard s House 34-3 2. Although the interior has been renovated to be used as a facility for substance abuse treatment, the work could easily be removed and the original parts of the building still be there such as the original staircase, windows, fluted trim w/ bull's eye corner blocks, decorative wooden motifs above segmental windows and doors and wrought iron colonettes in some of the rooms. „. �.{ •� L1�V al at a DIVISION OF MgTORlIC LANDMARKS Ni6tive no(s). 10079 10080 SU. . EY FORM Historic name Je<d'afl WhitO Sulfur Springs Common name Shalom et Benidictus, Sulfur Spring Spa County/Tbwn/Gty Rural Frederick County Street addrrss or route number Rt. 664 USGS Quad Stephenson Date or period Mid 19th Century, 1870-1890 Original owner Branch Jordan Architect/builder/craftsmen Original use Spa -Hotel unknown Present owner Shalom Et Benidictus Source of name owners Pfcxnl owner addrrss Source of date architectural evidence Stephenson, VA Stories Foundation and wall const'n 7-course American bond brick Present use drug and alcohol rehabilitation Acreage center. on a split-level stone foundation. 253 agres Roof type Hippy&rrxif clad was shingle State condition of structure and environs Excellent. State potential threats to structure None Note any archaeological interest .his was the site of activity around the sulfur springs in the mid-18th century. Also, this is not the original building which was used as a hotel- there was another hi }� burned. S tou�d be investigated for possible register potential? yes ® no ❑ Is in very original condition. Architectural description (Note significant features of plan, structural system and interior and exterior decoration, takingcare to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) The site of the sulfur springs were recognized for their healing value by the Indians. before white man settled this area of Frederick County. By 1747, Indians and white then were arguing about who had rights to the spring. The land became part of the Littler grant and exchanged hands until 1834 when the then current owner; Branch Jordan, built a brick building on the sitE This building apparently burned as did some others which followed it. The present building whit is made of brick and stone seems to have been built in the late 19th century. It is of 7-courE American bond. It. is three -and -a -half stories on a split-level stone basement. The basement becomes a full level on the east side of the house. The building has brick piers running the entire height of the building. There are also gable dormers on the building; 3 on the front,l on the side, 2 on the rear. The building is L-shaped in plan with the rear wing being only 2' stories. The building has 2/2 light windows; segmental arches over the openings except on the 3rd story where they are flat arches. There are 2 doors on the entry level, front of the building which have 4-light transoms above. The stone English basement of the building has brick segmental arches over the openings. The building has a stepped brick cornice; exposed rat tens in the eaves and some of the windows are paired. A 19-bay wrap -around porch which is 2 levels and 2 stories is found on the front and sides of the building. The supports are chamfer( columns. There is a sawn balustrade and plain handrail and exposed rafters in the eaves of the porch roof. The rear 2 story ell which gives the Spa its L-shape appears to have been added just a little bit later than the main building. It has a central brick chimney and integral 2-story porches.on its west side. There is a frame cabin(?) just NW of the main building. It is: 2 stories on a split-level base. ment; 3bays wide; sym xatrical; has a gable roof with standing seam metal; 6/6 windows; louvere• shutters; ext. end brick chimney(unable to see the type of bond);fronted by a 3-bay, 1 level vernacular ;nrcb with chamfered column supports, a plain handrail and cross -rail balustrade. Perhaps this was one of several cabins that were found on the property- ones that could be rented. The only other original outbuildings appear to be the frame shed located East of the house by the creek and the open octagonal springhouse located North of the house near the entrance to the property. It is a pergola w/ a shallow conical roof. The supports are baseles Interior inspected? doric columns. Although, some of the parts of this garden structure have surely been replaced tbe sit- is nriginni ncz arp m-Any of -i-be arr-hitectural details- Tbere are 2 Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) modern buildings on th property. one is a 2-story concrete block workshop located south of the main building. The oth is a 1 story brick office building located West of the main building. No, the interior was not inspected. The use of this building has changed several titres since it was built. It was originally buil as a spa -hotel. The history of its ownership needs to be further researched, but briefly what occured is that it was in its peak of use in the late 19th Century when people would come by train from Baltimore, Washington, New York and Philadelphia to enjoy the water and the social life. The spa was abandoned for some years in the 20th century until it was bought by the Franklin Institute in 1950. They sold it in 1954 to the Catholic Church and it was used by the Mission Servants of the Holy Trinity Monastery until 1972. They did a lot of renovation to the building including replacing the swimming pool dressing rooms with a library and the ballroom with a chapel. They sold it to Shalom et Benidictus, a private, non-profit, non -denominational residential treatment community for teenagers with emotional or family -related probles, in 1972. The current owners have also done a lot of work to the building yet retained its archi- tectural integrity. This property should definitely be placed on the State and National Regist as it exemplifies an unusual building type from a "lost era”. VIRGINIA .p b HISTORIC LANDMARKS COMMISSION v . SURVEY FORM 3�-ll0 Filc Numbcr County Frederick Town Stephenson StrcerNo. W. of Rt. 664 at Jordan Spring USGS Quad 1a9m6e6 Stephenson Quad Date Original Owner Jordan's Original Use Health Spa — Hotel Present Owner Shalom & Benedietus Present Owner Address Father Eric'•' Willi Box A Present Use Stephenson, Va. Rehabilitation center 2. Historic Name Sulfur Spring Spa Present Name Same Date or Period (exact or estimate) ea, 1843 Architect ---- Builder, crafrsman, etc. ----- Source of Name Father Erie Williams Source of Date n 'I 'I 3. No. sto3�s (dormers count as %r story): Wall construction Brick/ stone Acrcagenknown 4. Historical Significance (Chain of Tide, Fimilics and Evcnts, etc., connected with the Property) /This spa was originally run and built by the Jordan's. There was a hotel on the spot by 1843, and had been used before then as a health spa. The hotel probably burnt down several times, and the present structu probably dates to the 1870's. In 1950 the Franklin Institute bought the spa and owned it until 1954 when Mission Servants of Most Holy Trinity purchased it and used it as a monastary-type place. In January 1972, Shalom and Benedictus purchased the place and are using it for drug rehabilitation center. S. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alterations and addirions) This is an extremely large structure, note that it is part brick. Note detail of ornament over the windows - photograph. I could not get inside for a ground plan. 6. Physical Condition Structure Grounds Neighborhood Exccllcnr Good fair X Pour SUnc Pntcntial tl•a•c:us to prescnation of srructwc None I W-'A j.7 ta. VAA ftftwm=m�_% low It INX i ,. �•.:Cf.'ej aolai6:ce::.�•_ ,*�•rs�st � i was �i• . �. .:..`�. ...p..� .ram `•�'_.T..%..,,)'�-. •. •.:.i••JM • Ta M�:ws..t wi, :f+- . ��:_ -, t. •r'��''�` -t � `�lift u +e-! fir Date File No• 3 4 l 11 U n Name �tilf vy�w�_-ct Town County J �^e����� 1✓�� Photograr her Contents - K tt ✓ i✓' C�� i� ��c ���, nti am! me" -00 __ %rifill rL .J �' fix;; +:. __ -'-�' . • . •. ow_ �,. W+:• .. .. ,as:,=�P.�. ♦. w�Si���t�.��e •Y"f�i. "�i,.6.,A .rt'.,.�[�Zi !b•'ie%at_.•!i 1't.� Jam' � :':: — .�. ♦ : �1.i.r� �I: C.7'lltl_ ieY-. ...t' _ ��"i'.X; n 1j: 7-74 '..R.'. FIA I'lpa * T-T 4 —Aill oi IN r 17` Alf 461 Lee �. j' �' V• . N. 1 ' - *1 J r/• `.T!i6ti�*a!,'„+'�• .; ,'tY.�,'. �: f'w f i�'.'. i � • % � .7 ` . r t.a + nit at' � "~ ,,,. . S, . � �{ � � =\•r r.i r, � '�''� ` ,''�c•:': ie i• o �. `v`�,. ram'•`` �•i% �^ll('�+'h.• ;_� S -\ �i� A�+ ��-J • "' Jordan ri :�_ C\.'' :�+►' tl-,�Y'•'=ys \h'�• }rrNf` .r Y,iv :%/ •�•r� J> •�. ,r i � _ ~-a :� (/ / � ;w`. \.` . �11 i � Yit • ems: , •'i" 1� . f' �.•S. ' � `�7 t � It �; 1..., Si-'���;'ji.•l�t.sr. ,"1�,; 'tl•'I• f�' - _ ,�%' �4,��'' �`%. � • !� r•a r_ ;i , )j* iJJ�i(?� Y' < par= y :"Y=R� i,-�, .. �: � � : �' :•�' I !... J •t ``rh ;-/1� ` ••'�.%, •a i?, '. ;r= t"�• �''•i ,.: %<'�fa ":��`\..`�'�:(:: `4.• -'T-• '.aa'�';��i'•+._ '�-/� — C s ,ors \ _�- -•. 6•J.� � � .�j; 11 v '• 1 Q, \- , ;.•,.'% � �L.� to ffiY'- :�_ _ � .. _ 1 �.� �. / _..fit �.v tea•{'.`�A �'F• �'(' �.,� f- ,� ..;c:, fir•- i!. •i .` •' \ j ` '.� �a C� 'tip►► , . • 1 '' .'� :� = •.F�'.'' '; ay'-�`=' �� . 'vi=l n:F�+. ,;lp LD Ta�.� 4iopY � ■1 Drrl�� Y=a.l� �M� S.oOrc D3� . r � �- I - ns or.r of eras for • 0 DATE: 10/10/2001 MAP NUMBER: 44 A 294 TICKET NO TAX PAYER ** REAL ESTATE TOTAL ** ** SANITARY TOTAL ** ** ST. LIGHT TOTAL ** ** NEWSPAPER TOTAL ** ***** GRAND TOTAL ***** COUNTY OF FREDERICK VIRGINIA REAL ESTATE TAX SEARCH PAYMENT HISTORY DEPT BASE TAX PENALTY INTEREST 74X L,/ P, PAGE: 1 PAYMENTS #470 irt�-irar+t+r�.+tu�at,rrir�e-r v-uta*#�.ntrtrir#�r�rtr�r�tt� � �v28 W. H. M. STOVER, -INCORPORATED # TO :: :: DEED MISSIONARY SERVANTS OF THE MOST HOLY TRINITY �r*+rtr-tt �#�e-�r+r+�+r�-+r*-a�-te-p+ri►Saar-��r��+rn-�►+r�r�-+r+►+r*+raa�a►*-+�+t THIS DEED made and dated this 24th day of April, 1954, by and between W. H. M. STOVER, INCORPORATED, a corporation created under the laws of the State of Delaware, and authorized to do business in the Commonwealth of Virginia, hereinafter sometimes referred to as the "Grantor", party of the first part; and MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, a corporation organized under the laws of the State of Alabama hereinafter sometimes referred to as the "Grantee", party of the second part. WITNESSETH: That for and in consideration of One Hundred and Forty Thousand Dollars ($140,000) cash, paid by the party of the second part to the party of the first part on or before the delivery of this deed, the receipt of which is hereby acknowledged, the party of the first part doth hereby grant, bargain, sell and convey, with general warranty of title, unto MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, its successors and assigns, the following described properties, containing in the aggre- gate Two Hundred and Fifty-seven (257) Acres, more or less, situate in Stonewall Magis- terial District, Frederick County, Virginia, and more particularly described as follows, to -wit: Tract 1: That certain tract of land, improved by a large brick ` hotel, and other buildings, known as the Jordan Whit* Sulphur Springs Property, situate about five miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Gilbert M. Stover and Laura Helen Stover, his wife, bearing data February 26, 1947, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 199, at page 361;`said tract of land being more particularly described with re- ference to the plat and survey thereof made by Richard U. Goode, Certified Surveyor, dated June 4, 1952, attached to and made a part of a certain deed of trust from the party of the first part to J. Sloan Kuykendall and Wayne A. Whitham, Trustees, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 120, as follows: "Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover; thence with Bailey N 63j- dog. E 1174 ft. to (2) a point in the center of Road No. 664 and in line with the South fence line of the land of Bailey;. thence with the center of Road No. 664 for the following 3 courses: N 161**deg- E 152 ft. to (3); thence N 8-1 deg. E 224 ft. to (4); thence N 20 deg. W 333 ft to (5) a point in the center of Road No. 664 -and in line with the South fence line of the land of Lockhart; thence with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorff S 15 deg. 05 min. E 838 ft. to (7) a black oak three a corner to Orndorff; thence S 82 deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) a post in a fence corner; thence S 63 3/4 deg. W 1116 ft. to (11) a point in the center of Road No. 664 and in line with the South fence line of the land of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell' land on the West side of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fence; thence N 36-j deg. W 1494 ft. to the point of beginning contai ing 74.49 acres, more or less." Tract 2: That certain tract of land, together with the improve- ments thereon and the appurtenances thereunto belonging, situate on the north side of Road No. 660, about four and .one-half miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Joseph A. Massie, Jr., Administrator de bonis non, cum testament annexo of the Estate of H. J. Benner, deceased, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 117, wherein said tract of land is more particularly described,as follows: "Beginning at (1) a point in the center of Road lvo. 664 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North. fence line of the land of Rexrodo N 84-j deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road Ao. 660 with the Last line of Hart's land; thenc, with the East fence line of the land of Hart and then with the East fence line of Rutherford's land N 36 3/4 deg. W.1819 feet to (4) a set stone at a fence corner; thence with Rutherford for the following Four courses: S 23 deg. W 297 foot to (5) a set stone at a fence corner; thence N 56-1 deg. W 900 feet to (6) a pot. stone at a fence corner; thence N 17-1 deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey N 47-1 deg. E 2327 feet to (9) a set stone near a fence corner; thenc with Bailey S 34 deg. E 815 feet to (10) a corner post Set in concrete; thence N 50 deg E 825 feet to (11) a cherry tree in a fence corner; thence with -Bailey and then with the land of W. H. M. Stover S 361 deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23-1 deg. E 387 feet to the point of beginni g, containing 183.01 acres, more or less." A reference to said plats, said deeds and deed of trust, and the references contained in said deeds and deed of trust, is here made for further and more particular descriptions of the properties herein conveyed. This deed, and the conveyances herein contained, are made subjec to all the reservations, restrictions, rights of way and covenants contained in the aforesaid deed, and contained in the deeds referred to in the aforesaid deed, and otherwise of public record. Also, in consideration of the aforesaid purchase price, the Grantor does hereby sell, nsfer, assign and set over unto a Grantee all of those certain articles of personal property listed and described on those certain sheets of paper, marked "Inventory", attached to this deed and made a part hereof. The Grantor covenants that it has the right to convey the title to the said properties; that due and proper action has been taken by W. H. M. Stover, Incorporated, directing the sale and conveyance of the within described properties; that the properties are free of liens and encumbrances, and that the Grantor will execute such further assurances of title as may be requisite. Witness the signature of W. H. M. Stover, Incorporated, by George) M. Stover, its First Vice President, and the seal of said corporation, duly affixed and attested by W. H. M. Stover, its Secretary. (SEAL) W. H. M. STOVER, INCORPORA Attest: W. H. M. STOVER secretary �F #iFk iF###itiF#�f#i}ifiF##{FiF# REVENUE STAMPS # $154.00 CANCELLED # State of Virginia County of Frederick, to -wit: By GEORGE M. STOVER rs ice rest en I, Blanche L. Hoe, a Notary Public in and for the County of Frederick, State of Virginia, hereby certify that George M. Stover and W. H. M. Stover, First Vice President and Secretary, respectively, of W. H. M. Stover, Incorporated, whos names are signed to the foregoing and annexed writing, bearing date on the 24th day of April, 1954, have personally appeared before me and acknowledged the same in my County and State aforesaid. My Commission as Notary Public expires July 9, 1955. Given under my hand and official Notarial Seal this 24th day of April, 1954. (SEAL) ITEM BASEMENT Seven foot mirror Step Ladder Garden Hose Stable brooms Wire Brush Work Bench & Vise Scythe and Snath Shovel Rake - Garden Iron Wedge Small Hand Saw Rasp Alemite gun Wheelbarrow Coil of insulated copper wire 24 ' extension ladder 3 x 7 table Axe INVENTORY OF MOVABLE EQUIPMENT JORDAN'S WHITE SULPHUR SPRINGS March 2, 1951 UNIT QUANTITY PRICE 1 1 200 feet 2 1 1 1 1 1 1 1 1 1 1 BLANCHE L. ROE )votary Public -- VALUE $ 25.00 5.00 50.00 lu. UU 15.00 45.00 17.50 4.50 1.50 FIRST FLOOR (Lobby) 27 Inch Toro Lawn Mower - Power Driven 1 New $285.00 u 24 " „ „ 2-1/2 H.P. - Power Driven Picture 2-1/4 of Coliseum (framed) H.P. 1 New 1 225.00 Picture of Classical Ruins (framed) 1 25.00 Rocking Chairs 5s $ 9.00 25.00 Army Cot 1 45.00 5.00 (BALL ROOM) Yacht Chairs Rocking Chairs 42a $ 5.00 $210.00 Rustic Picnic Tables 6A 2a 9.00 30.00 54.00 Rustic Lunch Tables 2a 10.00 60.00 20.00 Rustic Chairs for Tables 8a 5.00 40.00 Rustic Settees Rustic Chairs 3a 25.00 75.00 Hickory Armed Settees 6a 2a 15.00 18.00 9Q, W' Hickory Chairs 4a 15.00 36.00 60.00 Metal Lawn Table with Parasol la Metal Chair la .00 30.00 C.F .20 piano player rolls $100.00 RCB Roger C. Butts Total, Page L ..... $1,395.00 Ball Room, First Floor Ping Pong Tables - New cont'd. 2a $ 45.00 $ 90.00 Fire Place Andirons 1 set Fire Place Screen l Oak Side Board 1_ Golf Club Rack 1 Ping Pong Paddle Rack 1 20.00 Plastic Croquet Sets (4 Play) 2a- 10.00 Childrens' Uroquet Sets 2a 5.00 20.00 10.00 Shuffle Board Pushers 6 Bamboo Lawn Rakes 2 25.00 Badminton Net 1 -I070= Table Tennis Sets 2 Oak Two Door Cabinet 1_ DINING ROOM, FIRST FLOOR Bakelite Top Tables, 30 x if " " 30 5a $ 15.00 $ 75.00 24 x DiningRoom Chairs 24 4a 35a 12.50 5.00 .00 Wall Cabinets for dishes (10 ft. high, 2a 100.00 175.00 200.00 glass doors) PANTRY, FIRST FLOOR 300 Pound Ice Box 1 $ 100.00 Wall Cabinets for dishes - 10 ft. high, 3a $ 1U0-.7IIU- 300.00 glass doors Step Ladder 1 Water Bucket 1 KITCHEN, FIRST FLOOR Heavy Table 3" x 6' x 33"- Meat Carving 1 $ 500.00 3 Unit Gas Stove (4 burners each with ovens) 1 300.00 Hot Water Heater 1 100.00 Garbage Pail 1 SECOND FLOOR Rocking Chairs 5a $ 18.00 $ 90.00 Ocasional Chairs 21a 15.00 315.00 Dressers lla 35.00 385.00 Stands F1oor.Lamps 4a 4a 8.00 32.00 Mirrors 7a 25.00 20.00 100.00 140.00 Canvas Cots - A 17a 8a 2.00 5.00 34.00 40.00 0 Total, Page 2 ........ $3,346.00 Roger C. Butts SECOND FLOOR (cont'd Waste Paper Baskets 15a Steel Cots (with mattresses) Roll Away 2a Steel Cot (with mattress) In Dressing Tables 2a Single Beds with Coil Springs & inner- spring mattresses (Simmons) 4a Double Beds (Ditto) lla Pillows 21a Spreads 9a Sheets 22a Pillow Cases 8a Towels 22a Wash Cloths 10a Hammock In Floor Mops 2a Brooms 2a Water Bucket In Shower Curtains 2a Slop Jars 2a Steel Cabint - Kitchen In Oil Heater-- 6 room automatic circulator In Coat Hangers 175a Ash Trays 15a C OT TAGE Oil Heater (6 room automatic circulator In Tables (rou h) 2a Frigidaire (used) In Gas Stove (4 burner - used) la Water Bucket la What -Not Cabinet la 9 x 12 rug In Iron cot, mattress & spring In Rocking Chair la Radio - Majestic - used In Coat & Umbrella Rack - Mahogany Antique In Pillow In Double Bed, Mattress & Spring 1 a Kellmer Organ In Miller Organ In Window Screens 9 x 10 rug Picnic Tables Incinerator Small Animal Cage Three Seat Suspension Swing Rocking Type swings Seesaws Small child's slide 5 Gallon Crock 12 Gallon Crock Pan Dipper Golf Putters IN THE OPEN 22a In la In 2a 2a In Roger C. Butts MISCELLANEOUS ITEMS 1 1 1 1 14a Above Items Unpriced, pages 1 through 4 Chloringting Machine $450.00 Page 1 - 13,068.00 1,395.00 Page 2 3,346.00 Page 3 Page 4 - 116.00 $7,925.00 7_q_nn $8,000.00 $ i J 30.00 10.00 150.00 100.00 4.00 2.00 3.00 1.00 1.00 $20.00 •• •• • Total, Page 3 Total .. Total Roger C. Butts Franklin Development Foundation, Inc. $ 15.00 60.00 10.00 600.00 1100.00 84.00 I..09 .00 8.00 22.00 1.00 5.00 30.00 75.00 $ 75.00 10.00 50.00 100.00 10.OU� 5.00 9.00 , 25.00 50.00 50.00 35.00 $330.00 =070� 30.00 20.00 20.00 $3,068.00 $ 3.00 5.00 I$ 116.00 $ 75.00 $8,000.00 6. Further, the following additional property now located in and about the kitchen will be transferred from Franklin to Stover: 1 Kitchen Aid Coffee Mill 1 Coffee Urn - 3 piece Stainless Steel 1 Coffee Urn Stand, Stainless Steel Top Oren Base 1 Champion Dishwasher - Stainless Steel (8 China Trays - 4 Silver Trays) 4 D' h is Carts - Steel - Rubber Tired Wheels 1 General Food Grinder #35211 (Elec) •1 10 Qt. Hobart Mixer .1 Meat Block 1 Mop Bucket Outfit complete with 2 buckets, dolly and wringer 1 Potato Cutter 1 Univex Potato Peeler 1 Victor Walk-in Refrigerator 35' 1 Victor Walk-in Deep Freeze Refrigerator 0" 1 Beam Scale 1 Globe Meat Slicer 1 Duke Steam Table (Gas).with 7 steam table pans 1 Hotpoint Electric Commercial Stove (1 b>vo ) 1 Hotpoint Electric Commercial Fry Kettle 2 Silex Two Unit Coffee Warmers (Eleo) with 6 glass Decanters 1 Dining Room Servin Table - wood and linoleum construction Cafeteria Style) 2 1 gallon Thermos Juge Kysite Trays (Cafeteria Trays) 21 Salad Oil Bottles 68 Salt & Pepper Shakers (Glass, Metal Tops) 29 Sugar Bowls, China 44 Oatmeal Bowls, China 119 Coffee Cups, China 127 Coffee Cup Saucers, China 125 3-1/2" Fruit or Dessert Dishes, China 22 Cream Pitchers, China 138 8" Dinner Plates, China 130 4-1/2" Salad or Dessert Plates, China 82 10oz. Water Glasses 65 5 oz. Juice Glasses 24 Dripcut Syrup Dispensers, Glass (Metal Tops - Plastic handles) 134 Stainless Steel Dinner Forks. 132 Stainless Steel Dinner Knives 241 Stainless Steel Tea Spoons 144 Dessert Stainless Steel Spoons 72 Stainless Steel Table Spoons 2 Mixing Bowls (small size, aluminum) 1 Can Opener, (Wall Type) 1 Eklund Heavy Duty Can Opener 3 Witt Garbage Cans & Covers 1 Universal Food Chopper (small size) 1 Meat Cleaver 1 Corkscrew 1 Dish Drainer 1 Aluminum Double Boiler (large size) 3 Steel Flesh Forks (2 medium, 1 large size) 1 Griddle 1 Meat Hook 2 Ice Cream Dishers 2 Grapefruit Knives 3 6 oz. Ladles 1 Aluminum Pitcher 1 Pan. Stainless Steel 2 Hotel Pans, Stainless Steel 2 Cake Pans, Aluminum Pans 14 x 26 1 Dish Pan, Enamel 1 Dust Pan 3 Sauce Pans, Aluminum 1 Stock Pot Cover, aluminum 2 Stock Pots with covers, aluminum 3 10" Pie Pans, tin 1 Rolling Pin (Wood) 2 Roasters 1 Meat Saw 2 8" Cast Iron Skillets 1 12" Cast Iron Skillet 1 Meat Tenderizer 1 Pr. 9" Stainless Steel Tongs 1 Pr. 6" Stainless Steel Tongs 2 Double Boilers, aluminum 1 Wire Brush (meat block) 1 Retinned Mixing Bowl 1 Pot Cover, aluminum 2 Pot Covers, aluminum 1 Cake Turner, stainless steel cake turner, stainless steel 1 Witt ^•arbage Can & Cover, Galvanized 4 St. Table Covers, stainless steel 1 Coliander 1 Biscuit Cutter, tin 2 Witt Garbage Cans & Covers, galvanized 1 Towel Cabinet, white enamel 24 1/2 oz. Creamers, glass 43 3/4 oz. Creamers, glass 1 Lamson Flesh Fork, wood handle 2 Griswold Griddles, cast iron 2 Chef Knives . 2 Boning Knives 1 Steak knife 1 Knife Holders, aluminum 1 1 Gal. Urn Cup, aluminum 10 Jars, (refrigerator storage) aluminum 2 Pitchers, aluminum 1 Stock Pot, aluminum 1 Stock Pot, aluminum 2 Pitchers, aluminum 3 Bake Pans 6 Roasting Pans, blue steel 2 Hotel Pans, white enamel 1 Hotel Pan, white enamel 5 Hotel Pans, white enamel 9 Cookie Sheets, aluminum 2 Aluminum Pitchers 7 Skewers 1 Roast Beef Slicer 1 12" Spatula 1 8" Spatula 1 Tier - Roast Beef 1 Serving Tray, aluminum 6 Hotel Trays, white enamel 3 Tray Stands (wood) 2 Skimmers - Stainless Steel 1 Bakers Scale 1 Egg Slicer (Cast Aluminum Base) 2 Dexter Steels 1 Magic Chef 2 Oven Gas Range The following tools will be transferred from Franklin to Stovor: 1 Bar - 30" Wrecking 1 Post Hole Digger 1 Digging Iron 1 Set Pipe Dies, Ratchet Type, adjustable 1", 1-1/4" 1-1/2", 2" 3 Steel Tooth Garden Rakes 1 Steel Tooth Garden Rake 1 All steel - 2 wheel rubber tires Bag Truck 1 Trowel 1 Wood Chisel 1 Wood Chisel 1 Water Sprinkling Can 3 Galvanized Snow Shovels 1 Lawn Roller 1 Tilting Arbor Bench Saw 1 Saw Table Extension 1 Saw Table Guard 1 Dado Head 1 8" Combination Saw Blade 1 1/2 HP Electric Motor (mounted on saw) 1 Claw Hammer 1 Square (small) 1 Hand Saw 1 Hatchet 1 Axe 1 Step Ladder - 6' Wood 1 Chain Pipe Vise 1 Flash Light 1 Compass Saw 1 Steel Wheel Barrow - Rubber Tired 1 Steel Tooth Rake 1 Wood Plane Hand 1 Herbrand Socket Wrench Set 8 Herbrand Sockets 1 Oil Stone 1 Wood Scraper 7. In removing any of its property, whether attached to the premises or otherwise, Franklin agrees to do so without damaging the property and to patch over and paint any holes which may be made in the plaster or woodwork. Z Z 2� ,5�?-/ ' o� // --7- 77. reference is made to photo copy of said Sheet No. 4 of Right of Way Map, showing outlined in red the land conveyed in fee simple which photo copy is hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Plat Book. The said grantor covenants that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the land, free from all encumbrances, and that he will execute such further assurance of the said land as may be requisite. The said grantor covenants and agrees for himself, his heirs and assigns and successors, that the considerations hereinabove mentioned and paid to him shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, and maintenance of said highway, including such drainage facilities as may be necessary. WITNESS the following signatures and seals: tt+t-pat-�Fts-xaftttrtr iota rargatar-�rtt REVENUE STAMPS i► $0.55 it FR1 D E. UNGER (SEAL) CANCELLED # BETTY L. UNGER (SEAL STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I, Emory S. Marchant, a Notary Public in and for the State of Virginia at large, do certify that Fred E. Unger and Betty L. Unger, whose names are signed to the foregoing writing, bearing date on the 7th day of April, 1952, have each acknowledged the same before me in my County aforesaid. My term of office expires March 22, 1955. Given under my hand this 8th day of May, 1952. EMORY S. MARCHANT VIRGINIA Notary u ic. FRL•'DERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 9:30 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. j �ititatitititi tt�-u-tttratat . #883 # JOSEPH A. MASSIE, JR. ADMR. +t TO . .. DEED +� W. H. M. STOVER, INC.. it THIS DEED made and dated this 15th day of May, 1952, by and be- tween Joseph A. Massie, Jr., Administrator an bonis non, cum testamento annexo of the Estate of H. J. Benner, Deceased, party of the first part, and W. H. M. Stover, Incor- porated, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations, receipt of all of which is iereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey, with special warranty of title, unto W. H. M. Stover, Incorporated, its assigns 0 Forever, all of the following described real property, to —wit: All of that certain tract or parcel of land near Jordan Springs, in Frederick County, Virgini , which descended to J. W. Benner, jally Toupp, Minnie R. Ware and Henry J. Benner, as heirs at law of Benjamin Benner, Deceased, and which was conveyed to Henry J. Benner by J. W. Benner, Sarah C. Benner, his wife, Henry C. Toupp, Sally C. Toupp, his wife, and Minnie R. Ware, by dead dated April 22 1895 and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 116, page 471; and is more particularly described hereafter by a survey and plat of Richard U. Goode, Certified Surveyor, which is attached hereto and made a part of this deed. The description of the property is as follows: All of that certain tract or parcel of land located on the North side of Road No. 660, about Four and one—half miles Northeast of Winchester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia, and is bounded as follows: Beginning at (1) a point in the center of Road No. 664 and oppo— site an elm tree in a fence corner on the west side of the road, corner to the' -land of Rexrode; thence with the North fence line of the land of Rexrode N 84-j deg. W 516 feet i to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S. 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road No. 660 with the East line of Hart's land; thence with the East fence line of the land of Hart and then with th© East fence line of Rutherford's land N 36 3/4 deg. W 1619 feet to (4) a set stone at a fence corner; thence with Ruther-1 ford for the following Four courses; S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 56-1 deg. W 900 feet to (6) a set stone at a fence corner; thence N 17j deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8)I a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey i N 47j deg. E 2327 feet to (9) a set stone near a fence corner; thence with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence 14 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 361 deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23}z deg. E 387 fe©t to the point of beginning, containing 1183.01 acres, more or less. i The said Joseph A. Massie, Jr., Administrator de bonis non, cum i testamento annexo, conveys this property by authority of the aforesaid will of H. J. Benner, Deceased, and by authority of the Circuit Court of Frederick County, Virginia by its order of October 17, 1951 and March 17, 1952 aforesaid. WITNESS the following signature and seal the first date herein — above written. JOSEPH A. MASSIE JR. art-n-�tratir�F3w+-�+-ieir�-t+-tt-+rttu-rt-tt .(SEAL) REVENUE STAMPS Joseph A. Massie, Jr., Administrator $7.70 de bonis non, cum testamento annexo' CANCELLED it of the Estate of H. J. Benner, �rra �Hrex� i�rr�u rt era �tirrr Deceased 0 STATE OF VIRGINIA COUNTY OF FREDERICK, To—vrit: I, Juanita R. Roe, a Notary Public of and for the County afore— said, in the State of Virginia, hereby certify that Joseph A. Massie, Jr., whose name is signed to the foregoing writing, bearing date of the 15th day of May, 1952, has this day personally appeared before me in my County aforesaid and acknowledged the same. Given under my hand this 15th day of May, 1952. My Commission expires October 18, 1953- Suevc�-co MnT t4, /9sc Cl,f T/F/Lo .i u.fVCYo,t JUAN ITA R . ROE Loc,ArEo .geour -¢% M/GLs /�IOR TN E/1 S T o f I/V1,Y CN,cs TER /n/ $TaiJE WAGG Oi�T.ti�r, Fit EOLR /c /� C ouNT Y Vi1 _ /95G /'r 600 BA/[.EY VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 12:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. 1 , CLERK 3H(-7fiHFiFiHF3F,'YiHHHHHHHHH{-iHFiHHFiHHHHHHHHFitdHHHHF #884 W.-H. M. STOVER, INC. iF TO :: :: DEED OF 'TRUST µ J. SLOAN KUYKENDALL, ET AL, TRS. jF b (6 �', `##�HHHHHNHHHFiHHHHHHHHHHHHt3HHHF;HHHFi1-JHHHHF# PHIS DEED OF TRUST made and dated this 15th day of May, 1952, ! by and between W. H. M. Stover, Incorporated, a corporation organized and existing under) ��� �the laws of the State of Delaware, party of the first part; J..Sloan Kuylcendall and I Mayne A. Whitham, Trustees, parties of the second part; and the Shenandoah Valley National ank of Winchester, at Winchester, Virginia, party of the third part. g WHEREAS the � , party of the first part, by deed from Gilbert M. I T j tover and wife, dated February 26, 1947, of record in the Office of the Clerk of the r ircuit Court of Frederick Count Virg inia, ginia, in Deed Book 199, at page 362, acquired a certain tract or parcel of land containing 74.49 acres, together with improvements ! 1 v T thereon and appurtenances thereto belonging,known a the Jordan White Sulhur Si g pSprings i s t property, situate about four and one half miles northeast of the City of Winchester, in Frederick County, Virginia; and t f5 w WHEREAS, by a certain deed of trust, bearing date November 15, 11 1947, of record in the aforesaid Clerk's office in Deed Book 203, at page 140, the party) of the first part Conveyed the aforesaid property to Burr P. Harrison, Harry K. Benham and J. Edward 1'homa, Trustees, to secure the payment of a promissory note, of even date Iwith said deed of trust, in the principal sum of $12,0002 upon which there is now a I balance due of $8,000; and WHEREAS the party of the first part has, by deed bearing date � the 15th day of May, 1952, of record in the aforesaid Clerk's Office, in Deed Book at page , acquired, by purchase, 183.01 acres, with improvements thereon and i appurtenances thereunto belonging, known as the Benner Farm, situate at Stephenson, in Frederick County, Virginia, for the sum of $7,000; and WHEREAS the party of the first part has arranged to borrow the I I sum of $15,000 from the party of the third part, $8,000 of which is to be used for the purpose of refinancing the balance due on the above -men tionod note of $12,000, secured i by a deed of trust on the Jordan White Sulphur Springs property, and $7,000 of which is to be used for the purpose of purchasing the Benner Farm, said, sum of $15,000 to be secured as hereinafter recited. NOW, THEREFORE,,WITNESSETH: That, for and in consideration of the sum of One Dollar ($1), cash in hand paid by the said Trustees to the parties of the first part on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant and convey, with general warranty of title, unto the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever, the following described tracts of land in Frederick County, Virginia, to -wit: Tract No. 1 - All that certain tract of land, with improvements, located on both sides of Road No. 664 about 41 miles Northeast of Winchester, Virginia and situate in Stonewall Magisterial District, Frederick County, Virginia, which is more particularly described in a plat and survey made by Richard U. Goode, Certified Surveyo , on June 4, 1952, which plat and survey are attached hereto and made a part hereof. Tract No. 2- All that certain tract or parcel of land, with im- provements, located on the North side of Road No. 660, about 4* miles Northeast of Winc- hester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia,) and bounded as follows: Beginning at (1) a point in the center of Road No. 664 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North fence line of the land of Rexrode N 84-1 Deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 I , feet to (3) a point on the 11orth side of Road No. 660, said point being the point of intersection of the North line of Road No.. 660 with the East line of Hart's land; thence with the East fence line of the land of Hart and than with the East fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence with Rutherford for the following four courses; S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 56* deg. W 900 feet to (6) a sot stone at a fence corner; thence N 17-1 deg. W 250 feet to (7)'•a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; -thence with Bailey N 471t deg. E 2327 feet to (9) a set atone near a fence corner; thence with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence N 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 36-1 deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence an opposite a twin sycamore tree; thence S 23-1 deg. E 387 feet to the point of beginning, containing 183.01 acres, more or less. Reference is hereby made to the aforesaid deeds, the plat attac ad to the Benner deed and the survey and plat of the Jordan White Sulphur Springs prop- erty attached to this deed of trust for a more particular description of the property hereby conveyed. TO HAVE AND TO HOLD the property herein conveyed to the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever. BUT UPON THIS TRUST, NEVERTHELESS, to secure equally and without priority one to the other ten (10) bonds of the party of the first part, executed of even date herewith, designated as Bonds Nos. 1 to 10 inclusive; Bonds Nos. 1 to 9, in- '-clusive, are in the principal sum of Seven Hundred and Fifty Dollars ($750), each, and ILL Bond No_ 10 is in the principal sum of Eighty Two Hundred and Fifty Dollars ($8250). r7 ISaid bonds bear interest from date at the rate of six per cent per annum, payable semi- annually, and are payable tc e party of the third part or or( , at the following timej: Bond No. 1 is payable six months from date; Bond No. 2 is payable twelve months from date; Bond No. 3 is payable eighteen months from date; Bond No. 4 is payable twenty-four months from date; Bond No. 5 is payable thirty months from date; Bond iio. 6 is payable thirty-six months from date; Bond No. 7 is payable forty-two months from date; Bond 11o. 8 is payable forty-eight months from date; Bond No. 9 is payable fifty-four months from date; and Bond No. 10 is payable sixty months from date. The party hereto of the first part hereby waives the benefit of all exemptions as to this debt to which it may be legally entitled and this deed of trust is executed to secure the payment of said bonds whatever form the same may assume, by renewal, or renewals, in whole or in part, by change of parties, makers, endorsers, or lotherwise, until the said debt shall be finally and fully paid and discharged. The maker of the bonds hereby secured may pay the principal of any one or more of said bonds before maturity on any semi-annual interest payment date. I The party of the first part covenants that it will keep the buildings on the property hereby conveyed insured against fire and other calamity in some solvent insurance company approved by the Trustees, .or the holders of the bonds, I for the benefit of the beneficiaries hereunder in a sum equal to their fair insurable f (value, and the party of the first part covenants that it will deposit the policies, withl (standard loss payable clause with full contribution in favor of the Trustees, as their interest may appear, with the said Trustees. The party of the first part further cove- nants, in the event of its failure to keep the property so insured and the policies so deposited, that the Trustees may, or the beneficiaries may, at their option, effect such insurance and pay the premium thereon, and the money so paid, with interest thereon, (shall become a part of the debt hereby secured, in the event of sale to be paid next lafter the expense of executing this trust, and shall be otherwise recoverable from the (party of the first part as a debt; but there shall be no obligation upon the Trustees, .or beneficiaries, to effect such insurance. Failure so to insure, or to maintain said (fire and other calamity insurance, shall operate to cause the principal of the debt here in secured to become due and render enforceable this trust deed, without regard to whether all of said bonds shall have matured according to their tenor or not. The party of the first part covenants that it will pay all taxes,! levies, assessments and charges upon the property heroin mentioned and described, which lmay accrue and become due and payable during the existence of this trust; and the party. lof the first part further covenants that it will keep the improvements on the property !herein described in a tenantable condition, whether such improvements were on the propertly ;when the deed of trust was given, or are thereafter placed thereon. If default is made in the payment of any one of said bonds when due, or in any renewal, or renewals thereof, when due, or in the payment of any semi- annual installment of interest thereon when due, or in the payment of any sums due for said insurance premiums, or taxes, or if there is a default in any of the other provisio s, stipulations, terms or conditions of this trust by the party of the first part, then the said Trustees shall, upon being requested so to do, in writing, by the lawful holder, or holders, of the bonds herein secured, or any of them, proceed to sell the property herein conveyed as follows; After first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property hereL in conveyed and described as Tract No. 2, at public auction, in front of the County Court House, in the City of Winchester, Virginia, upon the terms of one-third cash on the day of sale and the balance of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated the day of sale and payable, respectively, one and two years after i date, with interest thereon from date until paid, at the rate of six per cent per annum,j payable semi-annually, to be secured by a trust deed upon the property conveyed and a Policy of insurance upon the buildings thereon, duly endorsed for the protection of the deferred purchase money debt. Out of the proceeds of sale, the Trustees shall pay: First: The cost of executing this trust, including the usual j commission of five per cent upon the gross amount of said sale to the said Trustees, and all legal counsel fees incident and necessary to the enforcement hereof. Second: The debt herein secured, principal and interest, or any part thereof remaining unpaid; and all other sums herein stipulated to be paid. Third: The balance, if any, the said Trustees shall pap to the party of the first part, its successors or assigns. Should the proceeds from the sale of 'Tract Bo. 2 be insufficient to satisfy the debt herein secured, principal and interest, or any part thereof remaining unpaid, and the other sums herein stipulated to be paid, the party of the first part shall be given the opportunity to tender the amount of such deficiency to the Trustees, in lieu of a sale by them of the property herein described as Tract No. 1. If, however, the party of the first part fails to pay to the Trustees the amount of such deficiency, after first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property herein conveyed and describ d as Tract No. 1, at public auction, in front of the County Court House, in the City of Winchester, Virginia, upon the terms of one-third cash on the day of sale and the balanc of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated (the day of sale and payable, respectively, one and two years after date, with interest _thereon from date until paid, at the rate of six per cent per annum, payable semi-annual y, to be secured by a trust deed upon the property conveyed and a policy of insurance upon UU U6. Out of the proceeds from the sale of T act No. 1, the 'rruato-es shall pay: First: Any balance of the cost of executing this trust in the sale of Tract No. 1, including the usual commission of five per cent upon the gross amount of said sale to the said Trustees, and any balance of legal counsel fees incident and necessary to the enforcement hereof. Second: Any balance of the debt herein secured, principal and interest, or other sums herein stipulated to be paid. I Third: The balance, if any, the said 'Trustees shall pay to'the I party of the first part, its suocessors or assigns. WITNESS the signature of W. H. M. Stover, Incorporated, by Charl s E. Stover, its President, and the seal of said corporation duly affixed and attested by W. H. M. Stover, its Secretary: (SEAL) W. H. M. STOVER, INCORPORATED j Attest: By CHARL.ES E . STOVER W. H. M. STOVER rest an acre ary State of Maryland City of Baltimore, to —wit: j I, Joseph E. Kraft, a Notary Public in and for the State and County aforesaid, hereby certify that Charles E. Stover and W. H. M. Stover, President I t i and Secretary, respectively, of W. H. M. Stover, Incorporated, whose names are signed I to the foregoing and annexed deed of trust, personally appeared before me and acknowl— edged the same in my State and County aforesaid. j Given under my hand and seal this 7th day of July, 1952. I 1953. MY Commission as Notary Public expir1:JOSEPH (SEAL) E. K AAFT ary u is LAND OF W. H. M. STOVER 74.49 Acres On June 4, 1952, I surveyed the tract of land shown on the attached drawing, located on both sides of Road No. 664 about 4-j miles Northeast of I I Winchester, Virginia and situate in Stonewall Magisterial District, Frederick County, i Virginia. It is bounded as follows: Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover; thence with Bailey N 63-1 deg. E 1174 ft. to (2) a point in the center of Road No. 664 and in line with the South fence line of the. land of Bailey; thence with the center of Road No. 664 for the following 3 courses: 11 16-1 deg. E 152 ft. to (3); thence N Bi deg. E 224 ft. to (4); thence N 20 deg. W 333 ft to (5) a point in the Centel of Road No. 664 and in line with the South fence line of the land of Lockhart; thence i with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorffl j S 15 deg. 05 min. E 838 ft. to (7) a black oak tree a corner to Orndorff; thence S 82 I deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper ' S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) M' r a post in a fence corner; thence S 63 3/4 deg. W 1116 ft. to (11) a point in the center of Road No. 664 and in line with the South fence line of the land of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell's land on the West side of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fenc thence N 36-1 deg. W 1494 ft. to the point of beginning containing 74.49 acres, more or less. 1� 3 H. T- f3LNNEt Esr• i To W. N..H. STOVER LOCKN.1igr ?c. r- 6 BELL Hichard U. Goode Certified Surveyor OR NOoF'F SBr'c Po 3 COOPER v SuAVLY.CD JUNL 4, /95G AIC,+AAD U. GooDE LocArEo /L1/LES G'EA'r///Eo .S vx vFYo,n Alo?TN 6AJr of W/N cy,.s T CA, ON BOTH S/D.ES of igoAo /Vo• 664, /N STaNEWA�� OiSrAicr, FREocliicK CDUNrY VA. I V IRG I-N IA FREDE.RICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was i acm-titted to record. 0 ,CLERK i Nfs'f BAILEY MAGNET/Cs /9SL Z327 - 500 +n lio 9 / •E SCALE /_ V H rs' 2 ' 4 t — � s b L ANQ OF TN,E E.xr^ TE OF H. �� (/. BENNER '� � N'�RT /8.7. o/ Acifcs r' I 3 ro '+ ^� W. Al. /t! STo vE,e n �r tugs, ' of � NO • 6 60 /! a \/pp� � v \s/ 0 0 SVAvcYEo R/cHAA,p U. GoccE CrAT1F1to .S L�RVf Yo NoRTNE,Tsr OF W/NCHESTEic� /N .STONEWALL F.TEoaR/G K CouHT Y . VA. Q 3 H. J- BLNHeA Zs r• r Z TO W. N.M. SrovEA' .:..-- 1 LOCKNART s J ri_6•W1 333 ` 6 \1 N t Z'4 w N/G cE 3 /TL �/ W M 1114 MA6Ni- s CAGE 1%5,00, II N ORNDOFF SBr�E 0 II � a 1- LAND of COOP.G-R o 'a3� W. N. M. S To ✓ER v � Z � 7f.¢9 AcRds F 8 t tt yR�9\ /o \1116� BELL t zdS' Na /2 1II 5UAvQYdo JuNI 4, /95G A/CNARO U. G401P6 CBAr/F/to 5UR vEYDA LOCAT60 A6OVr -f Z M/LE-S Al oR rH,r,gsT OF W/NCHEJTLR, oN BarH S/o,Fs or RoAo Ma. 664, /At SraNEWALL D/Sr 1=r-, FRLED--/i/CfK COUNTY , VA'. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me an the 15th day of July 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. ,CLERK BUILDIN "D" TREELINE 7�BUILDI G A' O� O TREES APPROXIMATE SCALE: 1 " = 200' v4 o� OWNERS: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY APPROXIMATE SCALE: 1 " = 500' NOTE: THIS PLAN SHEET HAS BEEN DERIVED FROM AN AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD CHECKED. THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRESENTAIION ONLY. a PARKI 0 J BUILDING Z z "D" i a .� OWNERS: n TREELINE Po MISSIONARY SERVANTS OF z THE MOST HOLY TRINITY Q a (b APPROXIMATE SCALE: 1 " = 500' p z O w -' BUILDI G NOTE: d A' THIS PLAN SHEET HAS BEEN DERIVED FROM AN ° O TREES AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD CHECKED. APPROXIMATE N�mee SCALE: 1' = 200' I THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRESENTATION ONLY. CURRENT OWNER: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF: TAX MAP 44 - A PRCL 294 CURRENT ZONING: RA REQUESTED REZONING: B - 2 REZONING AREA: IO, 33 ACRES gyp/ N45°000.0000'"E 14 N17.30'00"W 250.00' 00 00 " \ S23° 00' 00"W \ 297. 00' ems• \. BOUNDARY INFORMATION SHOWN HEREON IS oo:p. `\ COMPILED FROM EXISTING LAND RECORDS ��\\ AND DOES NOT REPRESENT AN ACTUAL FIELD /9'\ RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. 00_ 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 DURING THIS SURVEY. 6p � •. '9i 1a6'��i o oo�,, S89°18'03"E 900.00' 3` P OO O � 0 8.97"' \ 106.94' S89.18'0'3"E 900.00' I \� I 14°20'23"W 173. 02' N81.32'18"E 353. 271 o - 1� S00.41'59"W M S79°56'54"E 351.88' N86.3 4508.08' 4 3. II 138.08' 3j �o 0 Flo 0010 1� vo 10� N� �1 � II / - II �•• 00 S47°00'00"W 179.00' '� 00 • � p5 �:�� S02.45'0q"E 235.00 — N83°00'01"W 105.00' 523°30'04"E 393.93 N84°30'00"W 514.09, /00 O 100 200 SOO f00 SCALE• /'�/00' D—hq N.xnbet� 1 r COUNTY of FRRDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 �I ��rIrlC;arl ��I Jr �J3L IC H"ARIl IG November 21, 2001 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #10-01 OF JORDAN SPRINGS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2001, at 7:00 p.m. in the boardroom of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #10-01 of Jordan Springs, submitted by Triad Engineering, Inc., to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. Additionally, this rezoning will be heard in a public hearing by the Board of Supervisors at their meeting on December 12, 2001. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. n Eric R. Lawrence Deputy Director ERL/ch 0AAgcndu4ldjoincr Urs\2001Vordnn5prings RPZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 1� This is to certify that the attached correspondence was mailed to the following on I / , 7D(�� from the Department of Plan -ring and Development, Frederick County, Virginia: 55 -7- - I. SWEET, MICHAEL L. 362 WOODS MILL DR STEPHENSON,VA 22656.2029 55 -7.. 14. MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 55 - A- - 133- HART, DOROTHY L. 897 WOODS MILL RD STEPHENSON, VA. 44 - A- - 297- CONNER, HAROLD R & CAROLINE D 1010 WOODS MILL RD STEPHENSON, VA 22656.2036 55 - A- - 135- LEE, RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 44 - A- - 294- 20176.2428 HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON, VA. 22656.0008 22656.2044 44 - A- - 292- CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604.1730 44 - A- - 295- REXRODE, WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON, VA. 22656.2046 44 - A- - 296- GARRISON, MELODEE M C/O MELODEE SHEPHERD 1102 WOODS MILL RD STEPHENSON, VA 22656.2037 Eric 55A - 1- - 17. NEWLIN, TINA 906 WOODS MILL RD STEPHENSON, VA 22656.2035 55A - 1- - 18. JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601.4777 Cfr�' a_�-_ idl�k wrenceeputy Director County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, Ann I I, a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, dated -I • a I - C)—,has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of-0 ovembeG Qa-) i My commission expires on-EcOn on,i c2a' 4CO3 _I. RY PUBLIC 55A - 1- - 21- CARTER, JOHN M & KIMBERLY D 554 GUN CLUB RD STEPHENSON,VA 22656.1802 55A - 1. - 22-A CLARK, HERMAN M III 966 WOODS MILL RD STEPHENSON,VA 22656.2035 45 -4- 1- 1- FORTNEY, CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON,VA. 22656-2020 45 -4- 1. 3- CONLEY, JOHN M. & K. JUNE PO BOX 218 STEPHENSON,VA. 22656.0218 45 -4- 1. 4- KIENE, CHRISTIAN F. & 1373 JORDAN SPRINGS RD STEPHENSON, VA. 22656.2021 45 -5- 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 45 -9- 3- 2. HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON,VA 22656.0022 45 -9- 3. 3- BARTON,SUE & BEALL, WARREN CHRISTOPHER 170 MONASTERY RIDGE RD STEPHENSON, VA 22656.1922 45 -9- 3. 4- SIMONS, ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON,VA 22656.1923 55 -7- - 9- SWEET, MICHAEL L & CAROLE T 362 WOODS MILL RD STEPHENSON,VA 22656.2052 45 -9- 3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656.1918 45 -9- 3. 5- �ISTEEPROW, JAMES E. & NANCY A. 13405 GORDON DR MANASSAS, VA. 20112.4740 45 -5- 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 45 -5- 2. 16- SIGLER, MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON,VA. 22656.2014 TRIAD ENGINEERING Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 10, 2001 Triad Engineering Attn: Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, VA 22604 RE: Parcel 44-A-294 Owned by Holy Trinity Mission Seminary Dear Mr. Gyurisin: The purpose of this letter is to,provide you with documentation regarding the use of the referenced parcel. Currently, this 74.49-acre parcel is owned by the Holy Trinity Mission Seminary. The seminary has personnel on -site for the purpose of maintaining the structures, facilities, and grounds associated with Parcel 44-A-294. Our department agrees that the use of the property as a seminary and most recently as an outreach for Shalom et Benedictus would be considered legally nonconforming. The ability exists for the Holy Trinity Mission Seminary to utilize this parcel as a seminary since a component of this use is still on -site. However, should Shalom et Benedictus or a similar treatment center desire to locate on this parcel, the property owner would be required to obtain a Conditional Use Permit (CUP) from Frederick County. Section 165-139 of the Frederick County Zoning Ordinance requires the issuance of a CUP to reestablish a legally nonconforming use that was discontinued. The CUP may only be granted for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional or other requirements. Recently, you inquired about the use of this parcel by Count�Court Reporters, Inc., for their business operations. This inquiry was followed by the August 9, 2001 submittal of information regarding the specifics of this business operation including a floor layout plan. Upon review of this information, our department would consider County Court Reporters, Inc., as a land use of lesser noncon ormity than the Shalom et Benedictus treatment acility and would, therefore, allow this land use on this parcel through the issuance of a CUP by Frederick Uounty. 107 North Kent Street • Winchester, Virginia 22601-5000 Parcel 44-A-294 Letter Page -2- August 10, 2001 Please maintain this letter as evidence of our department's determination regarding the ability of County Court Reporters, Inc., to utilize this parcel through the issuance of a CUP by Frederick County. The application for a CUP is available in our department. Please contact me if you would like to proceed with the filing of this application and I will provide assistance regarding this matter. Sincerely, Evan A. Wyatt, AIC Planning Director cc: Charles W. Orndoff, Sr., Stonewall District Supervisor John R. Riley, Jr., County Administrator Kris C. Tierney, Assistant County Administrator U:Evzn%CommonlCOn-Pmdcncc\HolyTrinityMissionScminary_ amcl44-A•294Pa.ittcdL dUseLcttas.wpd TIR-MIAO) TRIAD ENGINEERING, INC. GEOTECHNICAL, ENVIRONMENTAL, CIVIL, SURVEYING, LAND PLANNING, LANDSCAPE ARCHITECTURE & CONSTRUCTION CONSULTANTS P.O. Box 2397 Winchester, Virginia 22604 (540) 667-9300 - Phone (540) 667-2260 - Fax officen4triad-winc.coni - Email TRANSMITTAL SHEET TO: Mr. Evan Wyatt / Mr. Eric Lawrence Frederick County Planning Department FROM: Steve Gyurisin REFERENCE: Jordan Springs DATE: October 12, 2001 MESSAGE: Please find enclosed a copy of the rezoning application. .Any questions, just call. Th; RECEIVED OCT 12 2001 `t:pT, OF PLANNINGIQEVELOPMENT ST. ALBANS * MORGANTOWN, WEST VIRGINIA WINCHESTER * I-IARRISONBURG,* PURCELLVILLE, VIRGINIA GREENSBURG, PENNSYLVANIA HAGERSTOWN, MARYLAND 67-9300 Rezoning Fees: $550.00 plus $35.00 per acre, plus $50.00 sign fee Fees: $ 550.00 Base Fee $ 361.55 (10.33 acres x $35.00=$361.55) 50.00 Sign Fee $ 961.00 Total Rezoning Fee ORK" l 09)DKEr NC 6 WJA « A m OiCBl • *COQV !C 6 VWA Wes, m.lR s, _1 ML T _ Location Map For: Jordan Springs PIN: 1' 44-A-294 Dept. of Planning and Development, 09/01, I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 13, 2001 Triad Engineering, Inc. Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, Virginia 22604 RE: REZONING APPLICATION #10-01 OF JORDAN SPRINGS; P.I.N. 44-A-294 Dear Steve: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 12, 2001. The Board approved your application to rezone 10.33 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) overlay zone. This property is located at 1160 Jordan Springs Road, and is identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. The attached plat identifies the 10.33 acres addressed by the rezoning. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding this rezoning application. Sincerely, �ldEric R.awrence, AICP Deputy Director cc: Missionary Servants of the Most Holy Trinity County Court Reporters, Inc. Lynda J. Tyler, Stonewall District Supervisor Jane Anderson, Real Estate Steve Melnikoff, VDOT Marcus Lemasters, GIS Division 0AAg-das\Approva1 IrrsVtF2'sUordan Spdngs.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. 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 (+/-) 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. ha the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses R . EZO-NNING REQUA-i-, PROJFIFE R. pr,ri,perty Identification pvv! -if Preliminary T. FVirW'n'z;. 19so. as amended, and the pursuant to 15.2-27-'j6 or`!be code o, L provisions of the Frederick County Zoning Ordinance with respect 10 conditional Zoning, the under.-; "t -, — ', , ­D-ffms that in the event the' Board of Supervisors of -7-alw C'_ :mooning of Frederick. 11:F;Iua' g1l, 'Ipp.jove Rezoning FJ" t'hD :::zo from !�t id -1-2'- Zoning rjk!.Ar,.. k3aLj,�r (� ) 10.33 Z.Oning L)is"j(;j jo j3 -nc of the subject Pr0PtztY shall at a:14 A --a (HA) overlay Zone. Dcvclopme DiArl t.- .. be done in conformity with the terms and conditions set forth herein, except to the. extent that such Kerins an6 conditions may be subsequently amenc,ed or revised by the applicant and such *.: r. -pl- mve by the Fre6rick County Board of jsupervisors in wcordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed w� jdiawu zud have no affect whatsoever. Theundersigned, that owns the above described property, hereby voluntarily proffers that 0 1 '. I.;. if the Bosj.;' for the cnty rTF:t.�.ck 'i" nia ipproves the rezoning for the 10.33 (+-'..) --i,.res the to imu—OrIction C� s ;ind av-1) is:,t jhc; sit3 ;)lanning stage in accordanco with the Virginia Department of Transportation (VDOT) standards. provide necessary Agra of 9,aY along xouw Rxruauct:s slaall bv, Ur:azdm-zwj C2) 4. All ent=ccs shall be constructed in accordance with VDOT standards and Frederick County standards. Allo Limit the allowed uses to: Health 8mices Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses CURRENT OWNER, MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF, TAX MAP 44 - A PRCL 294 CURRENT ZONING, RA REQUESTED REZONING, B - 2 REZONING AREA, 1O.33 ACRES Nss: •. 's 523.00'00ww 297.00' yS BOUNDARY INFORMATION SHOWN HEREON IS °°'\ COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THEREFORE. 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 DURING THIS SURVEY. 6p �•7 1514.2. 2' I-o 1 S79.56' S4'E N81.32'11-E 351.88' 353.27 N86.33'40"E 445.OB' m O„ S89.18'03'E 900.00, 500.41' "W 32.74 = 138.08 No \PO No r O r O o 8.97 O 1A 106.94, o 589.18'f"E 900.00' II ,i�OW i 5 O " A 502.45'04"E :0 235.00 1m N83.00'o w \ 105.001 = `523.30'OQ'E 393.93 N84.30'00"W 514.09, /00 O /00 200 JOO -h'JG r-/oo- REZONING APPLICATION #10-01 JORDAN SPRINGS (County Court Reporters, Inc.) Staff Report for the Board of Supervisors Public Hearing Prepared: December 6, 2001 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. Reviewed Action Planning Commission: 12/05/01 Recommended Approval Board of Supervisors: 12/12/01 Pending PROPOSAL: To rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay District. LOCATION: The property is located at 1160 Jordan Springs Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-294 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: County Court Reporters, Inc. (CUP # 17-01) ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) Use: Agricultural Use: Agricultural / Residential Use: Agricultural / Residential Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Jordan Springs, REZ 4 10-0 1 Page 2 December 6, 2001 PROPOSED USE: County Court Reporters, Inc. (Office) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. See attached letter fro»: Mr. Steve Melnikoff dated 9111101 with sketch. Fire Marshal: Areas not delineated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Plan approval is recommended. Public Works: See letter front Harvey E. Straivsnyder, Jr. P.E., dated 11/07/01. Clearbrook Fire Co.: Would like to see the installation of a dry hydrant placed at the pond as close to the road access from the maintenance building. Keep all lanes clear to the hydrant. Frederick County Sanitation Authority: Revised impact analysis statement; no comment. Frederick -Winchester Health Department: The Health Department has no objections as long as the new owner gets the DEQ Permit in their name. The permit from DEQ is valid and in the current owner's name. DEQ's number is (540)-574-7800. Historic Resources Advisory Board: Please see letter dated 10/19/01 from Rebecca Ragsdale, Planner L Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Jordan Springs, REZ # 10-01 Page 3 December 6, 2001 Winchester Regional Airport: The Winchester Regional Airport Authority has no objections to this rezoning request. County Attorney: When "per VDOT" is added, proffers appear to be in proper form. Planning & Zoning 1) Site History The original Frederick CountyZoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcel which comprises 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. In more recent years, the property has been used by Shalom et Benedictus as a drug and alcohol rehabilitation center. On November 14, 2001, the Board of Supervisors granted a Conditional Use Permit enabling the County Court Reporters to utilize the property for their offices. This rezoning application is being sought as a means to further solidify the office use, while also snaking an effort to preserve the historic characteristics of the property. The rezoning would only apply to a 10.33-acre portion of the larger parent tract. 2) Location The parcel which comprises the proposed rezoning is located on the west side of Jordan Springs Road (Route 664), near Hiatt Run. 3) Comprehensive Policy Plan The parcels are outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcel is included within the Northeast Land Use Plan study area boundary. Land within this portion of the study area is intended to complement the rural character of the County. The Northeast Land Use Plan identifies Sulfur Spring Spa (34-110) as a property of historic significance and recommends Historic Resources Advisory Board (HRAB) review of all development proposals for historic resources and developmentally -sensitive areas. The Comprehensive Policy Plan addresses historic preservation with a goal to protect the historic resources in the county. A historic preservation strategy addresses the promotion of historic districts and the designation of significant resources in the County. The subject site has road frontage on Jordan Springs Road (Route 664). Jordan Springs Road is classified as a Minor Collector Road. Jordan Springs, REZ #10-01 Page 4 December 6, 2001 4) Site Suitability The site is very well suited for limited use of the existing structures with restoration and preservation measures. The existing structures have been used for more intensive uses than the proposed office -type uses. The parcel which comprises the proposed rezoning contains areas of steep slopes, woodlands, and flood plain as identified in the Frederick County Zoning Ordinance. The existing structures are located outside of Zone A, the 100-year flood plain. No development is proposed that would impact the existing flood plain of Hiatt Run, nor the steep slopes and woodland areas. 5) Potential Impacts a) Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement projects that the proposed use would generate 91 vehicle trips per day (VPD). This is based on the anticipated 25 employees. Revieu, Agency Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's traffic analysis. The application to rezone tliis property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Planning Staff Comment Jordan Springs Road has a daily traffic volume of 1,500, based on the 2000 Virginia Department of Transportation vehicle counts. The projected 91 VPD that would be generated by the proposed rezoning does not significantly impact the roadway. It should also be noted that the previous uses on the property have generated traffic that is reflected in the previous vehicle -per - day traffic counts. b) Sewage Conveyance and Treatment Impact Analysis Statement The property will continue to be served by an on -site sewage disposal system that is under the permitting review of the Department of Environmental Quality (DEQ); permit VA0029653. The proposed use of County Court Reporters is within the limits of the permit. Jordan Springs, REZ #10-01 Page 5 December 6, 2001 Review Agency Comment The property has a valid permit to discharge into Lick Run. The permit is valid until June 30, 2002. Prior to the expiration dated, the applicant will be required by DEQ to change the permit holder's name to the new user's, and gain a permit renewal for another five-year period. Planning Staff Comment The property is located outside of the Sewer and Water Service Area (SWSA); therefore, public water and sewer are not available. The property utilizes a lagoon on -site treatment facility that is permitted by the Department of Environment Quality. It is appropriate for the property to be served by the DEQ permit, as neither public facilities are available nor could the property be served by a traditional drainfield due to the scale of the property's use. It would be appropriate for the applicant to consider providing evergreen landscape screening to lessen the visual impact of the effluent holding and discharge area on adjoining properties. c) Historic Resources: Impact Analysis Statement The applicant has expressed interest in preserving the integrity of the site and, therefore, requests that the HA (Historic Area) Overlay District be placed on the property. The applicant has provided information which indicates that the subject site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County Rural Landmarks Survey. The Register Evaluation Ratings Sheet, utilized during the review for National Register qualifications, indicates that the site dates back to the 1890's when the property was used as a resort. Revieiv Agency Comment The Frederick County Historic Resources Advisory Board (HRAB) comment, dated 10/19/01, supports the applicant's request for the HA (Historic Area) Overlay. The HRAB felt that the applicant was making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the HA (Historic Area) Overlay. The HRAB felt that the proffered use restrictions for the B2 Zoning District were appropriate, restricting uses on the property to those commonly associated with office environments. Planning Staff Comment The subject site is located within the study area for the Second Battle of Winchester. The site also contains two structures that have varying degrees of historical significance and are eligible for local, state, and federal register recognition. Jordan Springs, REZ #10-01 Page 6 December 6, 2001 The applicant has requested a rezoning to include the HA (Historic Area) Overlay District. This HA district was established and incorporated into the Frederick County Zoning Ordinance when the Board of Supervisors adopted the new district in 1991. The HA Overlay has not been placed on any properties within Frederick County; this would be the first. Once the HA Overlay is established on a property, modifications to the exterior of structures, as well as site improvements, are reviewed by the Historic Resources Advisory Board (HRAB). Based on the historical significance of the site, the site does qualify for inclusion in the HA (Historic Area) Overlay. d) Impact on Adjoining Properties The subject site is located in a rural area of the county, an area characterized by agricultural and large lot residential properties. The subject site (10.33 acres) is only a portion of the larger parent tract. While the parent tract will surround the proposed B-2/HA site, there are residential properties in close proximity. The existing health system utilized by the subject site is located on the north side of Jordan Springs Road, adjacent to residential uses. The aboveground, open- air storage facility could impact the air quality and viewshed of adjoining properties. Efforts should be undertaken to minimize impacts the health facility would have on the adjoining residences. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • The preparation of detailed traffic studies during the site plan stages; to provide the necessary right-of-way along Jordan Springs Road; • Limit the allowed uses on the site to Health Services, Legal Services, Professional Services, General Business Offices, Public Buildings, and Residential uses associated with allowed businesses. STAFF CONCLUSIONS FOR 12/05/01 PLANNING COMMISSION MEETING: The 10.33-acre site proposed for rezoning is located outside the county's Urban Development Area (UDA) and its Sewer and Water Service Area (SWSA), and is within the Second Battle of Winchester study area. The site contains historic structures and is eligible for historic recognition at the local, state, and federal levels. The proposal to rezone the site from RA(Rural Areas) District to B2 (Business General) with an HA (Historic Area) Overlay is consistent with the historic preservation policies described in the Comprehensive Policy Plan and the statement of intent in the Frederick County Zoning Ordinance. The Jordan Springs, REZ # 10-01 Page 7 December 6, 2001 site's history of commercial uses, and the present office use, are appropriate uses for the B2 District. The applicant could more appropriately respond to the review agency comments and staff concerns by addressing the following issues: • Establish a limit on the number of, location of, and height of signs to be placed on the property. • Improve the existing site entrance to satisfy state entrance standards. • Establish a limit on the number of entrances permitted onto Jordan Springs Road (Route 664). • Establish methods to mitigate the visual and safety concerns with the lagoon, including plantings and fence enclosure. Staff believes that the applicant should address the issues identified by the review agencies, in addition to any concerns raised by the Planning Commission when forwarding a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 12/05/01 Commission members voiced the same concerns raised by the staff. After discussing these issues with the applicant's representative, the applicant's representative volunteered to modify the proffer statement to establish a limit on the number, location, and height of signs to be placed on the property; to limit the number of entrances to two and to have those entrances meet VDOT entrance standards; and to address the lagoon safety issue by providing fencing, if it is agreeable by DEQ. The applicant's representative believed he could provide the revised proffer, with the owner's signature and the County Attorney's review, prior to the Board of Supervisors' public hearing scheduled for December 12, 2001. There were no public comments. The Commission unanimously recommended approval of the rezoning with the understanding that the applicant will satisfactorily address the issues as discussed by their revised proffer. RAC_... _ .. 45 93 1 W-IL w, 11 - 45 93 2 11 RI"F PA Mona Ridap RC CRIOER 3 SHOC EY INC OF VWA 44 A 292 RA BARTON RA FOXYZ _ 45 93 3 ` 45 9AA4 ``� FKJL.f TRINITY MSSICN SEMNARY CRIOER & SHOCIEY INC OF VWA - 44 A 293 44 A 294 t"i RA Area to be .Rezoned B2 45 52 17 10 Acres FCX_YTPIt,BTY MS&ON SEWARY N A 7.94. d' SGLFR F \ ^ PA �\ 45 .` I G ve 4 K MIER 55 7 14 f RO� RA RA {� SN£EI 44 RP , 55 7 9 SNE._i 77 RA 55 7 1PP RA 44 A 297 RA RR RA CONJER yyG� � RA RA W� — -- RA d 55 7 1 9 RA RA RP RA 9 �'Fq 2, .q LEE RA RA W " RA Ftk RP RA C44 1 , �q PA RP RP RA T >> ''4y� RA RA - RA RA RP RA RA RA RP RA I REZ ##10 - of Location Map For: Jordan Springs (County Court Reporters, Inc.) PIN: 44-A-294 )ept. of Planning and Development,11/01, Agray REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. SS Fee, Paid. �. -•. Zoning Amendment Number Q' '.Date'Reeeive' 11- 8-01 PC Hearing Date /Z�.S— D BOS, Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: TRIAD Engineering, Inc. Telephone: 667-9300 Address: Stephen M. G. urisin 200 Avaition Drive, POBox2397, Winchester, VA 22604 2. Property Owner (if different than above) Name: Missionary Servants of the Most Holy Trinity Telephone: 1-301-439-0333 Address: 9001 New Hampshire Ave., Silver Spring, MD 20903 3. Contact person if other than above Name: Stephen M. Gyurisin Telephone: 667-9300 Fax: 667-2260 - E-mail: stevcg@triad-winc.corn 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Missionary Servants of the Most Holy Trinity County Court Reporters, Inc. 6. A) Current Use of the Property B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE Jordan Springs — Shalom et Benedictus B-2 & Historic District Overlay ZONING Adjoining Properties are zoned Rural Area (RA) and are large lot residential or vacant land uses. See complete list of adjoining property owners and address attached as part of this rezoning application. 8.- Location: The property is located at (give exact location based on nearest road and distance fi-om nearest intersection, using road names and route numbers). The property is located at 1160 Jordan Springs Road(Va. Sec Route 664) approximately 4.5 miles northeast of the City of Winchester, VA. See attached location map. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 8. Parcel Identification/Location: Parcel Identification It: 44-((A))-294 Districts Magisterial: Stonewall High School: James Wood Fire Service: S4Hie----,TH Middle School: James Wood Rescue Service: Siei� Elementary School: Stonewall CIEAw itoo K 9. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 10 RA B2 with Historic District Overlay HA 10 Total acreage to be rezoned 10. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed - 0 Single Family home Townhomes Non -Residential Lots Mobile Home Office Retail Restaurant Square Footage of Proposed Uses Multi -Family Hotel Rooms Facilities are existing see attached description of areas. Service Station Manufacturing Warehouse Other 3 OCT-10-2001 10:24 TEt WINC P.05 11. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. 1(we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least stven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible: from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Date Applicant(s) // Stephen M. G nisi — Triad h i n miriz, Inc. Date 10/08/200,t_ Owner(s) Missionary Servants of the Most Floly'frinity Address: 9001 New Hampshire Avenue, Silver Spring, MD 20903 Telephone: 301-439-0333 County Court Reporters, Inc. and Court Reporting Consultants plan to purchase the Jordan Springs property and move their corporate office to the property. Approximately seventeen (17) office employees are associated with this move. Employee growth at this location is not anticipated because of the high level of technology associated with these businesses. Following the relocation, a long-term preservation program for the Jordan Springs property is anticipated. The buildings and grounds surrounding the core complex are planned to remain unchanged except for required repairs and maintenance. Amble parking and access exist for the planned office use. The core complex of Jordan Springs consists of four major buildings: - BUILDING "A":The "hotel or main building" which consists of approximately 29,150 square feet. - BUILDING "B":The "administration building" which consists of approximately 2876 square feet. - BUILDING "C":The "shop building" which consists of approximately 4840 square feet. - BUILDING "D":The "original house" which consists of approximately 1750 square feet. The approximate total square footage of Jordan Springs consists of 38, 615 square feet subdivided as follows: - Living Areas 9500 square feet, approximate. - Storage / Utility Areas 7100 square feet, approximate. - Office / Meeting Areas 7200 square feet, approximate. - Shop Areas 2900 square feet, approximate. - Kitchen / Dining Areas 2750 square feet, approximate. - Misc. Attic/Crawl Areas 9165 square feet, approximate. Jordan Springs has been in continuous use as a resort, hotel, seminary and drug and alcohol rehabilitation center for over 100 years. More recently, the complex has been used by the Missionary Servants of the Most Holy Trinity as a seminary, and by Shalom Et Benedictus, Inc. for alcohol and drug rehabilitation purposes. The transformation from the seminary to the rehabilitation facility occurred gradually in the late 1960's with Shalom Et Benedictus, Inc. emerging as the primary user in 1971 - 72. Shalom Et Benedictus, Inc. operated at Jordan Springs with between 30 to 50 residents and employees until late 1999. Jordan Springs has been maintained since, as a drug and alcohol rehabilitation facility by the owners. This use has not been discontinued. The owners have kept staff on board at Jordan Springs to maintain the property in its current use and condition in hopes of having another operator such as Shalom Et Benedictus, Inc. provide similar services. Currently two staff members are employed in such a capacity. JORDAN SPRINGS ADJOINING OWNERS PHYSICAL in tin OWNFR MAILING ADDRESS ADDRESS ZONING USE 362 WOODS MILL DRIVE 55 7-1 MICHAEL L. SWEET STEPHENSON, VA 22656 SAME RA RURAL WILLIAM G. III & 207 PLAZA ST. NE LICK RUN CROSSING 55-7-14 BARBARA E. MEIER LEESBURG, VA 20176 STEPHENSON, VA RA RURAL 897 WOODS MILL ROAD 55-A-133 DOROTHY L. HART STEPHENSON, VA 22656 SAME RA RURAL 44-A-292 & CRIDER & SHOCKEY, POST OFFICE BOX 2530 A-293 INC. WINCHESTER, VA 22604 RA RURAL WILLIAM M. & 1099 WOODS MILL ROAD 44-A-295 SHARON M. REXRODE STEPHENSON, VA 22656 SAME RA RURAL C/O MELODEE 1102 WOODS MILL ROAD 44-A-296 SHEPHERD STEPHENSON, VA 22656 SAME RA RURAL 44-A-297 & HAROLD R. & 1010 WOODS MILL ROAD 55-A-134 CAROLINE D. CONNER STEPHENSON, VA 22656 SAME RA RURAL RONALD A. & 1947 MARTINSBURG PIKE WOODS MILL ROAD 55-A-135 MARY C. LEE WINCHESTER, VA 22603 STEPHENSON, VA RA RURAL 906 WOODS MILL ROAD 55A-1-17 TINA NEWLIN STEPHENSON, VA 22656 SAME RA RURAL 55A-1-18, 19, JRW PROPERTIES & 13 S. LOUDOUN ST. WOODS MILL ROAD 20 RENTALS, INC. WINCHESTER, VA 22601 STEPHENSON, VA RA RURAL JOHN M. & 554 GUN CLUB ROAD WOODS MILL ROAD 55A-1-21 KIMBERLY D. CARTER STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 966 WOODS MILL ROAD 55A-1-22A HERMAN M. CLARK III STEPHENSON, VA 22656 SAME RA RURAL 45-4((1))-1 & CLARK D. & 1281 JORDAN SPRINGS RD. 2 BARBARA K. FORTNEY STEPHENSON, VA 22656 SAME RA RURAL JOHN M. & POST OFFICE BOX 218 JORDAN SPRINGS RD. 45-4((1))-3 K. JUNE CONLEY STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 1373 JORDAN SPRINGS RD. 45-4((1))-4 CHRISTIAN F. KIENE STEPHENSON, VA 22656 SAME RA RURAL 154 HUMMINGBIRD LANE 45-4((A))-17 RENE R. CARLSON STEPHENSON, VA 22656 SAME RA RURAL WILLIAM H. III & 1081 JORDAN SPRINGS RD. 45-9((3))-1 REBECCA HALL STEPHENSON, VA 22656 SAME RA RURAL WILLIAM D. & POST OFFICE BOX 22 JORDAN SPRINGS RD. 45-9((3))-2 PATSY L. HOFFMAN STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL DAVID E. & 170 MONASTERY RIDGE RD. 45-9((3))-3 NANCY M. RITTER STEPHENSON, VA 22656 SAME RA RURAL JAMES C. JR & 220 MONASTERY RIDGE RD. 45-9((3))-4 SANDRA DUNIVAN I STEPHENSON, VA 22656 SAME RA RURAL REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. 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 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site plaruiing stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 Side 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. 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: w„, Fr,rperty TdentificatiOU �v i`�J) "`i &l/.lE vti «:: 1V1 �,'15L'.'.'1. . 1!3iT'ICt Preliminary_ p•T.� pursuant 1.6 oc,,:ion 15.2-2YJ5 et.. see, of :be code of tiirgjnic. 1950. as amended, and the provisions of the Frederick CountyZoning Ordinance with respect to conditional zoning, ��r •offers that in the event the Board of Supervisors of the under.' :e.: : ,- —__ __r__ , :1:3 C' f,r the zoning of Frederick �•QIuiN- ira«ua, h;.lall d}1p,ave Rezoning f:ppiica'.lc,: ;;._�_ _� 10.33 (+/••; 3�_as from '��^al. p rya c )t A, , /�rlini! 1)lstrlci i0 r3usii�dss �;Cuciwl tiS-2; Zoning District a:-� �'_`�'li'"i:. �. :a (HA) Overlay 'Zone. Developmont of the subject property shall be done in conformity with the terms and conditions set forth heroin, except to the extent that such cm,s 4r,6 conditions may be subsequently amemµe4 or revised by the applicant and such :s-pi,mvc-uy the Frederick County Board of i-upervisors in accordwice with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed w4httiawl, iud have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the BoEa!' �',f s for the C- cnrt (,f. I':g nit) i'pproves ti" rezoning for the 10.33 (+') +:res the TranSVOVI:a6011 C�11aL.: (!P!�:,0'� !T'Tff'f ;'; ;•�; Aridal:.�'.� Sls :,t �4ri aii'� :Awning stage ill accordanc0 with the Virginia Department of Transportation (VDOT) standards. Provide necessaiv rigor of ,xa:r a'011 i ')WU t;4: cur rear' VDOT. E-ouances sl,al] lK iir_litcd'ca'cv:a (Z) ; it ; 1 rci.l cl:tr�i.ccs OI1tC+r�,J:: r.t4. All entra^ces shall be constructed in accordance with VDOT standards &nd Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, ronagement and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses DEC-07-2001 13:19 TEI WINC P.03 REZONXNO REQUEST PROFFER AA !!AVX 70A +rr,IV�;!4te>ri! C?iptr�t t i.,;lrit `mac allowed business sign to one sign. The sip sba.11 lio of monurnent-tvm construction s,ad liini[ed to fifty (50) square feet :n sze. ci:- a 0,164-, -'i» 1 �vcrJ�cttts to 1,;: ontt : 2waru Sys�tit:t T',;�tv 1 !.J4tti�tS st,c�tl"tV-ttroe fhnoing alone, the parameter ordle la"OU.' ii:h'-FBE( gygit%:� pond that Aerviees the 10.33 (+/-) acres. Th: conditions pr�ft'ered above shalt be binding upon the heirs, executors, adminisU-aw s, r.�ji•^: v•t•i �t�rl`�4nnrc 1P in[erPst of the A.pclioant and Owner, !a lho evoni tha Fi'Cil�7iClC hL.L" of Supervisors grant said rezoning and aceppts these conditions; the riff l rnnCjjtlnr.s Sh:'l� rnnj., J .:t' ;3',t' l :;'. •'a'tiort to other requiretnents SO r� frn#t^ ;«. ` is FrPderirk. county .e PROPERTY OWNER i►�i:F•?oiiaty �ei.h atnts ':J:c: Nd10s3 Rally T.:°iur�i~� (Print n�snel 0_fZ D i N ... Di4te STATE OF MARYLAND, AY LA Cill— MONTGc: MP_KY COUNTY To -wit: The foregoing instrument was acknowledged before hie this 11 th aay of December, 2001 . Tviv %nmrrllSSioii oXfjiita: ^_j_U1 )4 1, 2 Notary Public: Revised 12/05/2001 per Frederick County St find Planning (Ui11II71YylUI1 wttuttwtts, MTAL P.03 AMENDMENT Action: PLANNING COMMISSION: December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10-01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WHEREAS, Rezoning # 10-01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the I-iA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #28-01 This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Richard C. Shickle, Chairman Ay-e Sidney A. Reyes W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST owt,4 - John R. ley, Jr. Frederick County Administrator PDRcs. #28-01 OAAgcndas\COMMENTS\REZONTNGIRMOLUTNUordan Springs.wpd REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. 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 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site plamiing stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 Signaee 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. 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: Frrperty identilflcanon Nn-^ne; � ', t1"r ,rSYiivC dl «:: �ig�15i �_'_w: 1 ! 3tiICL polo , of 7 Prelim in ary_AjAWJ1 pursuant,.. S,,'ion 15.2-2 Y_'S o!' soc^ oy :be code of uirg:nic. 1 °50. as amended, and the provisions of the Frederick County Zoning Ordinance with resPect to conditional zoning, • offers that in the event the Board of Supervisors of the under:.;:-=.: _:.r---- - -----; ,' Frederick f.n1a.. a, Nv g .pp fur ilr� ..zottin o. n,. "vll'Qitll t+il}aii a �Gve Rezoning � a1l:�:iJ.: ii 13. C .• b', 10.33 (+/ ; 3"- �rorn to"l ^MR 1RA., Lt)mn? District to 11-W111CW% Vauci:sl (;S-1, Zoning District a-,. .,. �.-: A Overlay Zone. Develohmem of the suuJcct propc::ty skull . _-is a (H ) Y be done in conformity with the terms and conditions set forth herein, exuepl to the extent that such -erms anti conditions may be subsequently amen..e4 or revised by the applicant and such ay the Frederick County hoard of ,,'upervisors in accordwice with Virginia law. In the event that such rezoning is not grantod, then these proffers shall be deemed a �:,d have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Bor.­'for the C'c-nr( rf ~=t"irk' V nit+ j,pproves the rezoning for the 10.33 r ' ; +:res thew rs'.knr Tr nsnor::a►P.+ Allo C ildi... �!��'�•�'T�ff %• I;,- ,ind ac.'-see J' ''►: S1; 7lanning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary rialit of %kAv AWiiK iQJUiL :, ..Ll' lJai! .:1:�.11�V..: :.a- i VDOT. E,w&izas Shall bv- ;ir.l:t ;d (U iv. J �-Z)1L>rc:.:.i ai.iiccs oIitc. r '.. ,A4 All erm-:ces shall be constructed in accordance with VDOT standards and Frederick County standards. Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. DEC-a7-2001 11::9 TEI AINC P. 03 REZONING ZONING REQUEST PROFFER A 4 Id AV% '104 -r;-!terj2! 1D Hiet 7�1 N4 �,jir. y jT. t L,ayuz tic allowed business sign to one sign The sign shall be of monument-tvDe -0 r c-�3..jsjru.c;tIon and Iiinitea, L� (50) sq*aare fait n r:."- "; - 1 AC w. i. rox a .,I -� P!0'VL.j s�;CLjj�.ty-fvne fencing alone the Daram. eit-!,' 1) )Jlt IaL�()C- '% pond that .texvices the 10.33 (+/'-) acres. p fr M. c-xecuims, administnas. MeA eYnvr. shall be binding upon tie ni the Fi-ederick -,.4 in interf-st of the 'A.W.1cant and Owner, in tho eve s grant said rezoning and accepts these conditions; the L,.L: of per r. -',','+ion to other requirements set prn•rr^fF— :j rf, y PROPERTY OWNER J*.(! MOO Mal'y's": Wtv, gn at ire)- 2e (Privi mar.,C).. f, Y. STATE OF M.kRyLAND- Ay -LAR(JE MIONTWNIE-ky COI�NTY, To -wit: The foregoing instrument was acknowledged before me this 11th day of Decerther, 2001. Notary Public: Revised l2/05/2001'rF=Ck 'pN and Planning4 ','07PL P.03 AMENDMENT Action: PLANNING COMMISSION: December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10-01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WHEREAS, Rezoning #10-01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District; and WHREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #28-01 This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Richard C. Shickle, Chairman --Ay-e- Sidney A. Reyes -Aye— W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST John R. ' ley, Jr. Frederick County Administrator PDRes. #28-01 O.Wgmda%COMi.1GNTSNREZONING\RESOLUTMIordnn Springs.wpd COMMONWEALTH TH of 'VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE ARLES D. NOTTINGHAM EDINBURG, VA 22824 J ERRY A. COPP COMMISSIONER RESIDENT ENGINEER TELE(540)9B4.5600 September 11, 2001 FAX(540)984-5607 Mr. Evan Wyatt, Planning Director County of Frederick Department of Planning 107 North Kent Street Winchester, VA 22601-5000 Ref: Conditional Use Permit Comment Jordan Springs Route 664, Frederick County Dear Mr. Wyatt: The attached sketch depicts a commercial entrance of appropriate design for the Jordan Springs request. ' The minimum entrance required for this application will require an entrance 30' wide at the back of the radii with 25' radii to the edge of pavement and paved with 2" of asphalt. No curb and gutter will be required. A land use permit will be required accompanied by an engineered drawing. I trust this information will be helpful. Steven A. Melnikoff Transportation Engineer SAM/rf Attachment HECEIVE D, xc: Mr. Dave Heironimus Mr. Steve Gyurisin S E P 1 2 2001 '-DT OF PLANNINGIDEVELOPMEI o w .,s • z e o F� c u /u e ,r f lrL qcJ rr-N_d O/l a( o'i rec><io r� [.�> Q � e •r"' �/O [-tom . /17 , i7 . M t.J rY1 rl�,Q , a,r. e9vivcz l e. •�-f- iz'G (MCD _r �C+E'rCa11CC. -(3 90 TON Ex,Lerlp CU/verT 10 To T h i ,T Ifs- / / / /� GG'f-�' `r � .•� CL",..:M ') 1 S/GHT O/STAAlCE J,50r / PL, A Al V / .E W Qauem 5 iq _ 1Z.; A HALF 7JYP/CAL. 5-AC7-/01V @ ,ENTRANCE 0 it/a -00 /(f�- November 7, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. 200 Aviation Drive P.O. Box 2397 Winchester, Virginia 22604 RE: Jordan Springs Rezoning Frederick County, Virginia Dear Mr. Gyurisin: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of your request to rezone approximately 10 (ten) acres located at 1160 Jordan Springs Road from RA to B-2/HA, Based on this review, we offer the following comments: 1) The impact analysis indicates that the sewage treatment is covered by the Department of Environmental Quality permit VA0029653. Provide a copy of this permit including a location plan delineating the on -site lagoon. 2) Clarify the comment under water supply. We understand that the water supply is derived from a well source. Indicate the well location on the site plan identified as drawing number 1. 3) Indicate the actual location of the spring for which the property is named. This location should be reflected on drawing number 1. Our approval of the proposed rezoning will be contingent upon receipt of the above information and revisions. Sincerely, +6 �, Atz- HaJr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Zoning./ 107 North Kent Street • Winchester, Virginia 22601-5000 COPY FOR YOUR INFORMATION COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 19, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 RE: Jordan Springs Rezoning - 1160 Jordan Springs Road Dear Mr. Gyurisin: Tire Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of October 16, 2001. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Department of Historic Resources' files, and the applicant's proffer statement. Historic Resources Advisory Board Comment The ten -acre parcel proposed for rezoning from the RA (Rural Areas) District to the B2 (Business General) District, with the HA (Historic Area) Overlay Zone, is located within the study area for the Second Battle of Winchester. Located on the subject parcel are four structures, two of which are historically significant. The two historic properties include amain spa/hotel building and a cottage. The main hotel building has been determined eligible for the State and National Register. This main hotel building is proposed for utilization by the County Court Reporters, Inc. as their corporate offices. The HRAB considered details of the County Court Reporter's business, their plans for the property, and its history. Discussion included the HRAB's role in future external changes to the property if the HA Overlay Zone is approved. The applicant expressed their desire to be sensitive to the property's history and explained why they were seeking the HA Overlay Zone. There were no adverse comments by the HRAB and, after consideration, approval of this rezoning application was recommended. The HRAB is in support of the submitted proffers and finds limiting the uses of the B2 Zoning District appropriate, as proffered. Permitted uses would be limited to the following: health services; legal services; engineering, accounting, research, management and related services; general business offices; public buildings; and residential uses accessory to allowed business uses. Members felt that the applicants were making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the HA Overlay Zone. The HRAB looks forward to reviewing any future proposals from the applicant. Please do not hesitate to contact me if you have any questions regarding the formal comment from the Historic Resources Advisory Board. Sincerely n�^ Rebecca Ragsdale Planner I RAR/ch cc: Missionary Servants of the Most Holy Trinity 107 North Kent Street • Winchester, Virginia 22601-5000 Dec 14 01 03:27a g.w. clifford & assoc. 540-665-0493 P,1 VIRGINIA DEPARTMENT OF HEALTH Page 122 of SEWAGE COLLECTION AND TREATMENT REGULATIONS /%S1'P')tills Where it is not possible to Provide 120table water from a pqbk water supply,a a may be oca —— — �_ provided. Location and construction of the well shall co_ mply with requirements of the Department ?. All sewage treatment works shall be provided with or have ready access to a toilet and lavai For a treatment works at which the o erator is re uired to be on duty for eight or more hours per day, a show r shall also Le provided. 3. Minimum laboratory space for treatment works not performing BOD and suspended solids testing on -site shall be 50 s ware feet of floors ace with 20 square feet of bench area. Treatment works rovidin on -site BOD, suspended solids, or fecal coliform anaIvsis shall rovide a minimum of 400 square feet of floors ace and 150 s uare feet of bench space. If more than two persons will be working in the Iaboratory at any iven time, 100 s uare feet of additional space should be provided for each additiona person. Advanced sewage treatment works shall provide a minimum of 100 additional s uare feet of floors ace with a proportionate increase in bench space. On -site laboratories shall Le isolated from treatment works a ui ment vehicular traffic. etc., so as to render the Iaboratory reasonably free from the adverse effects of noise, heat, vibration, and dust in accordance with VOSH requirements. _y provisions should protect operators and visitors at treatment works from ex osure to hazards In accordance with VOSH requirements The desi ner should refer to the applicable occupational safety and health standards of the Virginia Department of Labor and Industry for the appropriate requirements The following shall be require as a minimum as applicable• a. Enclosing the treatment works site with a fence designed to discourage the entrance of unauthorized persons and animals. b. Providing adequate li htin installing handrails and establishing accessguards, where necessary, and posting "No Smoking' signs inr hazardous locations. L. Providing first aid supplies and safety equipment including protective clothing and equipment such as gas masks, qoqqles and gloves. d. Providing explosion proof electrical eguipmenf non -sparking tools, etcin worR areas where Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 nand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as acciifa- fely:as possiiile in order to assist tlie:County Attorney's office with their review. Attach a copy of your. application form; location map; proffer sta#ement, impact analysis, and any other peg tineiit information. . Applicant's Naive: TFi- I q p 1= N6-) At E f- a--, J Telephone: Mailing Address: Location of property: _ d l2'p f P z1 J �- i �G v fir„ cn.. , . n __ Current zoning: 84 Zoning requested: ' -2A Acreage: /0 County Attorney's Comments: Assistant County Attorney's Signature & Date: go I Rezoning Comments Jordan Springs Virginia Department of Transportation Mail to: Hand deliver to: Virginia Dept. of Transportation Virginia Dept. of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, VA 22824 Winchester, VA 22601 Applicant: Please._fill out the.iri#ormation as -accurately as possible, in-order..to.: assist the Virginia. Department of Transportation with their review. Attach three copies of your application form; location map, proffer'statement, impact . analysis, anal :any oth& ' pertinent'information. g3oo Applicant's Name: TRIAD Engineering, Inc Phone: (5401667- Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4.5 miles northeast of the City of Winchester VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Virginia Department of Transportation Comments The application to rezone this property appears to have rliltitle. measurable inpact on Routes 64, the VDOT facility which would provide access to the property. Before development, this office 11 require a complete set of construction plans detailing entrance desiRns� drainage featurpG and t af data from the I.T.E. Trip Generation Manual, Sixth Edition for review. MOT reserves the e ri It flow needs, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be c vered bond coverage. Thank you for allow* ". �. O VlL-LUC aLiu rectuires an inspection f and surety us the opportunity to comment See attached letter f om Mr. Steve Melnikoff dated 09/11/01 wit h. VDOT Signature & Date: 10 22 /01 Notice to Advisory Board — Please Return This to the Applicant 9 Rezoning Comments Jordan Springs Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as.possible in order .to. assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any. other pertinent.. information. 92fov Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667 Mailing Address: c/o Stephen M. Gvurisin 200 Avaition Drive PO Box 2397 Winchester VA' 22604 Location of Property:. The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Fire Marshal's Comments Fire Marshal's Signature & Date IIN � Notice to Marshal —Please Return hi"s Form to the Applicant Fieldl: COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. RZO1-0008R Date Received 10/15/01 Date Reviewed 10/31/01 Applicant Triad Engineering, Inc. Address 200 Avaition Drive P.O.Box 2397 Winchester, Va. 22602 Project Name Shalom et Benedictus Phone No.540-667-2139 Type of Application Rezoning Current Zoning RA 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 44-A-294 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Areas not dilenated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes XX No Comments Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Hydrant Locations Adequate Inadequate Not Identified XX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature ,�� • ""��itle 55�� �Nx;��� • Rezoning Comments Jordan Springs Fire and Rescue Company Name of Fire & Rescue Co. Address & Phone Clearbrook Vol. Fire Co. Inc P.O. Box 56 1256 Brucetown Rd. Clearbrook Va 22624 Applicant Please. fill.out the information- as:accurately. as'possible in order 6--assist,the. Fire _ and Rescue Squad, with their review:. Attach.., *a:_ copy, of your application form, location map; proffer statement; impacf ana'I,yss,:: a.nd'`.;any :o.fiher ::pertinent information. , Applicant's Name: TRIAD Engineering Inc Phone: (540)667-9,A00 Mailing Address: c/o Stephen M. G) urisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 • Location of Property: IP The property is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4.5 miles northeast of the City of Winchester VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Fire and Rescue Company's Comments d"at L. i' S iG C i.J s T o.✓ ... "�nv ffv w� f ,o /.a e e b ...� y`�i ✓Je.a a a s c o s f-r 01, y4v 7-� s may./.,, ' i Fire & Rescue Company's Signature & Date Notice to Fire & Rescue Company Please Ret�irnc ��N P Y — 1�his Form to the Applicant 21 Rezoning Comments Jordan Springs Frederick County Sanitation Authority Mail to: Hand deliver to. Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. - Applicant's Name: TRIAD Engineering Inc Phone: (5401667-� Mailing Address: c/o Stephen M. Gnrisin 200 Avaition Drive PO Box 2397 Winchester. VA 22604 Location of Property: The pro e�rtv is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4.5 miles northeast of the City of Winchester VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Sanitation Authority Comments Sanitation Authority Signature & Dat Notice to Sanitation Authority — Please Return This Form to the Applicant 14 Rezoning Comments Jordan Springs Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant: Please'.-hil out the information:., : as accuratelycas possible m:order to assist •the ;; Frederick Winchester Health Department.'w'th their review: AttacYi'a copy of your: application Morin, location map; _proffer statement, impact au:alysis, and any other pertment'in formatioii ': , g3oa Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667- Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive, PO Box 2397 Winchester, VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Frederick — Winchester Health Department's Comments �kf_NP_� �r� �(r��— kol1� ,ya dDg T'GG7i dr1- Lls Lora i 5 T�.a Ownyp-4 5Z't5 /��in� [/ L 0 M� ivy � /tic!i /VotM e . I!Q/// E-0 Li Signature & Date: IOZ2 Notice to Health Department — Please Return This Form to the Applicant 15 Rezoning Comments Jordan Springs Historic Resources Advisory Board Mail to: Frederick County Dept. of Plaruiing & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Dept. of Planning & Development Co. Administration Bldg., 4`' Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach 'a. copy of your application form, location map, proffer statement, impact.analysis' and ,�any.-othO... pertinent information. 43oa Applicant's Name: TRIAD Engineering, Inc. Phone: (540)66 Mailing Address: c/o Stephen M. G) urisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4.5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Advisory Board Comments ftj=ksE Sal✓ Lr:TIEK DNT- —p i 11gIoi . �a Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant 9 Rez)ning Comments Jordan Springs Superintendent of Frederick Co. Public Schools Mail to: Fredrick Co. Public Schools Attn: Superintendent P.O.Box 3508 Winchester, VA 22604 (540) 662-3888 Hand deliver to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg. 1415 Amherst St. Winchester, VA 22601 Applicant: Please Pill out the information,as accutat'ely as'possible in..order..to;.assist:ahe Superintendent".d Tub lic Schools with; •his review Attach a copy,of application forrn,, location map;': pr`offertstatemei�t, impact analysis; and; any otli"er pertinent information: Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-2139 Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive, PO Box 2397 Winchester, VA 22604 Location of Property: The property is located at 1 160 Jordan Springs Road (Va. Sec Route 664) approximately 4.5 miles northeast of the City of Winchester VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Superintendent of Public Schools' Comments Superintendent Signature & Date Notice to School Superintendent — Ple turn This Form to the Applicant 13 Wdents An 4'}c h c F - j Frederick County Public Schools Administrative Assistant to Visit us at www.frederick.kl2.va.us e-mail: the Superintendent orndorfa@frederick.k12.va.us October 17, 2001 Stephen M. Gyurisin TRIAD Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 RE: Rezoning Property 1160 Jordan Springs Road Dear Mr. Gyurisin: This letter is in response to your request for cormnents concerning the revised planning application for rezoning 10.33 acres located at 1160 Jordan Springs Road from RA to B-2/HA. Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Sincerely �w &V_11� Al Orndorff Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools 540-662-3889 ) xt 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788 L:/P lanning/SoulhernV i llage MEMORANDUM TO: ALL REVIEW AGENCIES FOR FREDERICK COUNTY, VA FROM: STEPHEN M. GYURISIN, TRIAD ENGINEERING, INC. DATE: 10/10/01 / COUNTY SUBJECT: JORDAN SPRINGS OF10/ACRES FROM RA TO B02 WITH HURT PSOTORIC OVERLAY RTERS, INC REZONING PLEASE NOTE: AREA IS REVISED FROM 29 TO 10 ACRES Attached you will find a comment sheet and appropriate supportive material for your review of the request to rezone 10+/- acres surrounding Jordan Springs from the current Rural Area Zoning District to B-2 Commercial District with a Historic District Overlay Zoning District (HA). Thank you in advance for your quick response to our request for additional comments regarding this rezoning. Copies of your previous comment(s), if applicable, are attached pertaining to the recent request for a Conditional Use Permit (CUP). You may fax or e-mail your response comment. As always we are trying to make a meeting schedule deadline and thank you in advance for your timely response. Thanks, Steve Stephen M. Gyurisin (guy-ra-sin) Director of Planning and Development Triad Engineering, Inc. PO Box 2397 200 Aviation Drive Winchester, VA 22602 Phone: 540-667-9300 x103 Mobil Phone: 540-533-4373 Fax: 540-667-2267 E-mail Direct:steveg@triad-winc.com C. E-mail Triad De ' n Team: office'j&eiade Web Paae: wOw.triadeng.com ome hone:540-667-9384 0 E-mail: urisin visuallink.com it 1/-C.1% !( � uulutlUl rKi 11:4L 5404345841 frlaa tiarrlsonDurg WI VVL COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. vA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM F—Vail THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictue, Inc. Facility Name: Shalom et Benedictus STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac Section; 11 class: IV Special Standards: pH The authorized discharge shall be in accordance with this cover page, Part' I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable To All VPDES Permits, as set forth herein. Dep tmenE of Environmental Quality _ tine- /6, r997 Date PART 1 A. INTERIM EFF111M LIMITATIQS AND h4JnMDG RECIAREbM Permit No. VNQ9653 Page I of 8 1. VIT the prigs beglming with the permit's effective date and lastIT Ail the arniracmt of discharge from the LWaded facility in accordance with the Sdredle of Cnrpliance in Part I.C., the permittee is authorized to discharge frun outfall serial mrrber 001. Such discharges shall be limited and emltored by the permittee as specified below: EE51a T 0-afrA MISTICS DISQJAU LIMITATIUS V41TCRIhG RI_QII MYOly Average Wedcly Average Mini mm xht imm Erb Sample Twe Flow (KD)z N_ N4 PL I/Day Estimate PH (standard snits) N4 NA 6.5 9.5 1/Day Grab BCC 30 m3/l 0.8 kg/d 45 ng/l 1.2 kg/d N4 NA imith Grab Suspended Solids 78 ng/1 2.1 kg/d 117 ng/l 3.1 kg/d NA NA 1/Mrtth Grab Total Pesidial Chlorine (TFQ (rg/1)3 NA N4 N4 Na 1/Ddy Grab NL - No Limitation, monitoring required M — Not Applicable 2. The design flow of this treatrEnt facility is 0.007 MD. 3. See Part I.H. fbr TRC limitations. 4. lire shall be rro discharge of floating solids or visible foam in other than trace gnats. 0 Permit No. VPW29653 Page 2 of 8 N. PART I ~ N. fINM.. EFFUFNT LIMITATICI.S PFD hQJITiRIPG REgJIRf1•fNTS 1. 1pon anmiarerart of discharge frrm the upgraded facility. the following effluent limitations and mxritnring recpirarents shall becam effective at outfall serial ntrber D01 and rennin in Affect until the perdt's epiratial date- Sui� dlsdlarges shall be limited and EnitTed kY the peftUM as sWfW Cekw: CD DISO AU LDUATIM "FICRING K IIIPSIn A 0 a tktly Average Wflv Avera4e nits i MVdl C!Swple � cil zNLNqVDay Estimate 00 pi (stardard snits) N4 N4 6.5 CBCCI, (Am - ) 16 rtg/l 0.42 kg/d 24 ag/l 0.64 kg/d N4 MA (fiber - ray) 25 mg/l 0.66 kg/d 40 rVl 1.06 kg/d NA &Bpehded Solids 30 m9/1 0.8 kg/d 45 mg/1 1.2 kg/d NA Total Residzl Chlorine (TTQ (m3/I) NA N4 Amrunia-N (am - Nowrber)' 1.8 ng/l 0.05 kg/d NA N4 Ammrnia-N Member - MAy)' 2.9 rrg/l 0.08 kg/d NA NA Dissolved ftxygen (mg/1) M N4 5.0 NL - tb Limitation, monitoring mired M - Not Plplicable 2. The design flag of this treatJTE nt facility is 0,007 hM. 3. See Part I.B. for IK limtatiDs. 4. See Part I.D. for additional amitoring instrictions. S. There shall be no discharge of floating solids or visible foam in other. than trace wants. 9.5 1/Day Grab N4 1Rtnth Grab m 1Rbnth Grab NA Lftnth Grab N4 1/1)4y Grab 1.8 m9/l 0.05 kg/d IM31th Grab 2.9 mg/l 0.06 kg/d 1/M:xAh Grab N4 ]./Ddy Grab 09/07/01 FRI 11:43 FAA 5404345841 Triad Harrisonburg , zn-nit No. VA0029653 Part I Page 3 of 8 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/1 for any one calendar month.. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. C. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non -detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non -detectable TRC concentration. Where the TRC concentration is within the limit of B.4., the perrnittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall betaken within 45 minutes after the original sample. Should.this TRC sample measurement indicate a non -detectable concentration, then the original sample shall be considered as being in compliance with the permit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of BA., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non -detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit'lirnitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (DMR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 sm 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg Lg U U 0 . ermit No. VA0029653 Part I Page 4 of 8 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permittee as specified below: Discharge limitations Monitoring Require guts Monthly Avg. Frequency Sample Type Fecal Coliform 200 (11/100 MI) (Geometric Mean) l/Week Grab Between 10 a-m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.14. 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg C. UU! C. SCHEDULE OF COMPLIANCE 6rmit No. VA0029653 Part I Page 5 of 8 The permittec shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit 2. Report of progress By January 10,1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. 3. Achieve compliance with final Within 4 years after the effective date of this limits permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. Ua/UI/Ul rill 11.44 VhA 09U9J90891 11*lilu nal'1'lbullw Urts 1 ermit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS 1. The Quantification Level for Ammonia-N shall be 0.2 mg/1. 2. Compliance a- Monthly Average Limit Compliance with the monthly average limitations for Arnmonia-N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shall be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia-N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit UU/U7/Ul rxl 11:44 FAX 5404345841 Trlacl tlarrlsonour8 rermit No. VA0029653 Part I Page 7 of 8 E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than. 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers — The permittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: a- Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. LEL V V 0 3. CTC, CTO, O & M Manual Requirements -- The permittee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities an d operating the facilities respectively. 09/07/01 FRI 11:44 FAX 5404345841 Triad Harrisonburg 1-crmit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (O & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised 0 & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or 0 & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement — No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ-Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. 5. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the permittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the submitted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg LQJU11 Perm. .4o. VA0029653 Part H Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS 1. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. : ; . 4 1. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used; and f The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extendeii automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. 1. The permittee shall submit the results of the monitoring required by this permit not later than the 1 Oth day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit, Monitoring results shall be submitted to: 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg C.U1z Permi_ No. VA0029653 Part II Page 2 of 11 Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. The permittee shall furnish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittce shall also fumish to the Department upon request, copies of records required to be kept by this permit. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. Unauthori.zed Disrhu7m Except in compliance with this permit, or another permit issued by the Board, it shallbe unlawful for any person to: Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or Vai V ri V1 P"I 11; 40 VAA b4o434b841 'iriaa narrisonourg yJ V1J Perm,..vo. VA0029653 Part II Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of Unauthorized Discharges Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part H.F. or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part II.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of Z Inusual or Extraordinary Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; UU/U•i/U1 PEI 11:4b IM 5404345841 rriaa MarrlsonDurg LVj U 1 It Perm, No. VA0029653 Part II Page 4 of 11 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. 1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case -by -case basis for reports of noncompliance under Part 111 if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts ILL1. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II.I.2. NOTE: The immediate (within 24 hours) reports required in Parts H. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. 1. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 09/07/01 FRI 11:47 FAX 5404345841 Triad Ilarrisonburg Perm: ,o. VA0029653 Part 11 Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b• The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged_ This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or c• The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The pemittee shall give advance notice to the Department of any planned changes in the perrnitted facility or activity which may result in noncompliance with permit requirements. 1. Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 mullion (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg Wi uto Pen,,,t No. 'VA0029653 Part II Page 6ofII b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part II.K.1., or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part H.K.I.; b• The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Department_ Changes to authorization. If an authorization under Part H.K.2. is no longer accurate because a different individual or position has responsibility for t1h. e overall operation of the facility, a new authorization satisfying the requirements of Part H.K.2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized rcprescntative. 4. Certification. Any person signing a document under Parts H.K. l . or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are 09/07/01 r*xl 11:4Y FAX 5404345841 'rrlaci Harrisonburg WJ Vl! Pen,..c No. VA0029653 Part II Page 7ofII significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." AMELM. �. of M The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing pe Mit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. N. Effect of a PU it This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of Federal, State or local law or regulations. 0. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part H.U), and "upset" (Part II.V.) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncornpliance. UU/U"U1 "1 11:40 FAX 5404345841 lilac( Harrisonburg L/J V 10 Perm,. No. VA0029653 Part II Page 8 of 1 1 P. Oil andjiUgrd�ous Substance LiabilitX Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. The pennittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate Iaboratory and process controls, including appropriate quality assurance procedures. This' provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit. R. Disposal of solids or Sludees Solids, sludges or other pollutants removed in the course of treatment or management of Pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Du1Y to Mitigate The permittee shall take all reasonable steps to minimise or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt o R duce Activity not a Dcfe 0 It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions Of this permit. 1. "Bypass" means the intentional diversion of waste streams from any portion of a treatzxlent facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts II.U-2. and U.3. 09/07/01 FRI 11:48 FAX 5404345841 Triad Harrisonburg t2d Vly Perm,. No. VA0029653 Part H Page 9 of 11 2. Notice a. Anticipated bypass. If the pennittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part ILL 3. Prohibition of bypass a. Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part I1.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part H.U.3.a. V. et 1 • An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part H.V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: vui v � � vy a a�i yy. iu 0gUg0q0O41 11.1du nal"1'l bull uUl-6 Permit No. VA0029653 Part H Page 10 of 11 a. An upset occurred and that the permittee can identify the cause(s) of the upset; b• The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in Part-111; and d. The permittee complied with any remedial measures required under Part II.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3• InsPeet at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection utueasonable during an emergency. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Pe1mittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 09/07/01 FR. 11:49 FAX 5404345841 Triad Harrisonburg L$yluZI Peru... No. VA0029653 Part II Page 11 of 11 .•• l Permits are not transferable to any person except after notice to the Department. Except as provided in Part II.Y.2, a permit may be transferred by the permittee to a new owner or Operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new pennittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part II.Y.1., this permit may be automatically transferred to a new permittee if: a. The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II.Y.2.b. Z. v b' The provisions of this permit are severable, and if any provision of this permit or the application Of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. OUTPUT MODULE Net Fiscal Impact pt,T e nnni n F redits to b Total Potential Adjustment For Tax Credits Revenue Net Capital Net Cost Per Pie � PIN 44-A-294 r dit ,1- APPLICANT: Costs of Imoa .t : Future CIPI USE TYPE business (entered in Cur. Budget Cur. Budget Cap. S. Tax�Other land Facilities LAND Required $3,861,500 q Oo r ao Eauin Fxo .ndlpebt REAL EST VAL col sum only) 1 j�ae'tal Faciltties SO SO $20,145 ERR FIRE & RESCUE $p ERR 520,145 Fire and Rescue Department 45 so SO so SO SO _ ERR Elementary Schools SO SO SO SO SO 50 ERR Middle Schools SO S0 SO s0 ERR High Schools 50 parks and Recreation SO 50 SO 2 $1,228 SO S1,228 SO SO ERR ERR $1 228 Public Library SO SO $17,104 $17,104 SO Sheriffs Offices SO 52,865 Administration Building SO 514,238 518,332 $18,332 $1 813 ERR EBB Other Miscellaneous Facilities j15,467 $2,865 SO $685 749 $685,749 74 0 ERR $20,145 SUBTOTAL $685,749 LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT 1.0 "1.0" If Cap. Equip Included: 0.0 Rev -Cost Bat = = 1.000 1.433 INDEX: "1.0" if Rev -Cost Bat, "0.0"'rf Ratio to Co Avg_0 1.0 Ratio to Co Avg "-- �_ ------ INDF�C: PLANNING DEPT PREFERENCES—_�----- — �-------- --- —�— n as calculated in the model. 1. Capital facilities requirements are input to the first colum is input in row total of second column METHODOLOGY 2. Net Fiscal Impact NPV from operations calculations taxes1fees for ne year, ly at full value. in e-time fiscal impacts. (zero if negative); included capquipeaxeopaid n third column asocalculated pacts. oper cap equipted 3. NPV of future 4. NPV of future capital expenditure taxes paid in fourth cstandard foranew'factlies,nas county up 5. NPV of future taxes paid to bring current for each new facility. the calculated capital calculated otentiai credits against 6. Columns three through five are added as p for percent of costs covered by the revenues facilities requirements. These are adjusted as ratio to avg. for all residential development). from the project (actual, or Credits do include interest if the projects are debt financed. front. do not include include interest because they are cash hpayments up front. ____ ------ NOTE: Proffer calculations Model Run Date loll5/01 ERL NOTES: NOTES: zoned B2, utilizing the existing 38,615 square feet of finished area P.I.N. 44-A-294 Rezoning: Assumes10 acres Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. ---_ IMPACT ANALYSIS STATEMENT A PROPOSED REZONING For PARCEL ID 44-((A))-294 Stonewall Magisterial District Frederick County, Virginia September 2001 Prepared For: County Court Reporters, Inc - Purchasers Missionary Servants of the Most Holy Trinity - Owners Prepared By: Triad Engineering, Inc. 200 Aviation Drive PO Box 2397 Winchester, Virginia 22604 540.667.9300 - Phone 540.667.2260 — Fax officentriad-winc.coil, www.triadeng.com Impact Analysis Statement Jordan Springs Table of Contents 1 Introduction................................................................................................... 1 2 Site Suitability................................................................................................ _ 1 2.1 100 Year Flood Plain.............................................................................. 1 2.2 Wetlands................................................................................................ 1 2.3 Steep Slopes.......................................................................................... 1 2.4 Mature Woodlands................................................................................. 1 2.5 Soils....................................................................................................... 1 2.6 Comprehensive Planning....................................................................... 1 3 ... ................... Surrounding Properties........................................................... _ 1 3.1 Nuisance Factors................................................................................... 2 4 Traffic............................................................................................................ _ 2 5 Sewage Conveyance and Treatment............................................................ 2 6 .............................................. Water Supply ................................................... _ 2 7 Drainage........................................................................................................2 8 Solid Waste Disposal Facilities......................................................................2 9 Historic Sites and Structures......................................................................... 2 10 Impact On Community Facilities................................................................ 2 10.1 Education............................................................................................... 2 10.2 Emergency Services.............................................................................. 3 10.3 Parks and Recreation............................................................................. 3 Impact Analysis Statement Jordan Springs 1 INTRODUCTION The subject parcels contain a total of 10.33 (+/-) acres. The property is located on the West Side of Jordan Springs Road (VA Route 664) approximately 4.5 miles northeast of the City of Winchester, VA. The property is currently zoned RA (Rural Areas District) with limiting non -conforming rights, and the owner and purchaser desire to change the zoning to B-2 (Business General District) with a HA (Historic District Overlay). The intended purpose of this zoning is to allow of the continuation of the use, preserve the existing structures and to provide for office space for County Court Reportors, Inc. 2 SITE SUITABILITY The site is very well suited for limited development of the existing structures with restoration and preservation measures. The existing structures have been used for more intense uses than the proposed use. 2.1 100 YEAR FLOOD PLAIN A portion of the property is located within Zone A (100-year flood plain) along Hiatt Run. The existing structures are located outside of Zone A. No development is planned that would impact the existing flood plain of Hiatt Run. Map 510063011013 2.2 WETLANDS There are no observed wetlands within the boundaries of the parcel. Additionally, there is no observed hydrophilic flora that might suggest the potential for wetland reclassification. 2.3 STEEP SLOPES The site contains steep slopes to the southeast of the main existing structure. 2.4 MATURE WOODLANDS The site contains trees and woodland areas. There are no critical soil areas identified on the site. 2.6 COMPREHENSIVE PLANNING The property is outside of the Urban Development Area. 3 SURROUNDING PROPERTIES The property to be zoned is bordered on all sides by land owned by the Missionary Servants of the Most Holy Trinity and is vacant undeveloped land. Properties adjoining the entire parcel owned by the Missionary Servants of the Most Holy Trinity are either vacant undeveloped or residential (large lot) properties. Page 1 Impact Analysis Statement Jordan Springs 3.1 NUISANCE FACTORS There are no anticipated nuisance factors inappropriate to the zoning. No air or water pollution sources will be generated, and the noise potential is not expected to reach the 75 dBa threshold for nuisance as noted in the Frederick County Zoning Ordinance 165-35-(H). There are no anticipated residential impacts. 4 TRAFFIC The parcel has approximately 500+/- of frontage to Route 664, Jordan Springs Road. The average two-way weekday 24-hour volume for 25 employees is 91 vehicle trips with 12/2 and 2/11 (enter/exit) during AM and PM peak hours. See attached Trip Generation Calculations. 5 SEWAGE CONVEYANCE AND TREATMENT The property is served by Department of Environmental Quality (DEQ) permit VA0029653. A copy is attached for review. The proposed use of County Court Reporters, Inc. is within the limits of the permit. 6 WATER SUPPLY A private provides water supply well. 7 DRAINAGE The site has no identified drainage problems. The property slopes from the northwest to the southeast. No increase in storm water runoff can be expected with development of the property since no new structures or parking areas are anticipated. 8 SOLID WASTE DISPOSAL FACILITIES No additional solid waste disposal facilities will be required for the proposed rezoning. 9 HISTORIC SITES AND STRUCTURES The site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County inventory of sites. See attached information. 10 IMPACT ON COMMUNITY FACILITIES This rezoning request is to change from RA (Rural Area District) with allowed non -conforming rights to conduct certain uses to B-2 (Business General District) with HA overlay. There are anticipated to be no significant impacts to community facilities. 10.1 EDUCATION No impacts to education facilities are anticipated. Page 2 Impact Analysis Statement Jordan Springs 10.2 EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is Clearbrook. No additional police, fire, or rescue facilities will be required due to the rezoning. 10.3 PARKS AND RECREATION No impacts to parks and recreation facilities are anticipated. Page 3 IMPACT ANALYSIS STATEMENT Traffic Analysis Summary County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 25 Employees of Single Tenant Office Building October 10, 2001 Avg. Trip Rate Min. Trip Rate Max. Trip Rate Std. Dev. No. of Studies Avg. Weekday 2-Way Volume 3.62 2.09 7.61 2.41 14 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 0 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 7-9 AM Peak Hour Total 0.52 0.27 1.01 0.74 37 4-6 PM Peak Hour Enter 0.08 0.04 0.16 0.00 0 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total 0.50 0.29 1.08 0.72 37 AM Pk Hr, Generator, Enter 0.46 0.24 0.90 0.00 0 AM Pk Hr, Generator, Exit 0.06 0.03 0.11 0.00 0 AM Pk Hr, Generator, Total 0.52 0.27 1.01 0.74 37 PM Pk Hr, Generator, Enter 0.08 0.04 0.16 0.00 0 PM Pk Hr, Generator, Exit 0.43 0.25 0.92 0.00 0 PM Pk Hr, Generator, Total 0.50 0.29 1.08 0.72 37 Saturday 2-Way Volume 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2-Way Volume 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Total 0.00 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 25 Employees of Single Tenant Office Building October 10, 2001 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 3.62 2.41 1.00 91 7-9 AM Peak Hour Enter 0.46 0.00 1.00 12 7-9 AM Peak Hour Exit 0.06 0.00 1.00 2 7-9 AM Peak Hour Total 0.52 0.74 1.00 13 4-6 PM Peak Hour Enter 0.08 0.00 1.00 2 4-6 PM Peak Hour Exit 0.43 0.00 1.00 11 4-6 PM Peak Hour Total 0.50 0.72 1.00 13 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 25 Employees of Single Tenant Office Building October 10, 2001 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 91 12 2 2 11 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 0 0 0 Sunday 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Court Reporters at of Trip Generation Employees of Single 10, 2001 Avg. Weekday 2-Way Volume 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total AM Pk Hr, Generator, Enter AM Pk Hr, Generator, Exit AM Pk Hr, Generator, Total PM Pk Hr, Generator, Enter PM Pk Hr, Generator, Exit PM Pk Hr, Generator, Total Saturday 2-Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total Sunday 2-Way Volume Sunday Peak Hour Enter Sunday Peak Hour Exit Sunday Peak Hour Total A zero indicates no data available. Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 17 Employees of Single Tenant Office Building October 10, 2001 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 3.62 2.41 1.00 62 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 0.46 0.06 0.52 0.00 0.00 0.74 1.00 1.00 1.00 8 1 9 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total 0.08 0.43 0.50 0.00 0.00 0.72 1.00 1.00 1.00 7 7 9 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 17 Employees of Single Tenant Office Building October 10, 2001 Average Weekday Saturday Sunday 24 Hour Two -Way Volume 7-9 AM Pk Hour Enter Exit 4-6 PM Pk Hour Enter Exit 62 8 1 1 7 24 hour Peak Hour Two -Way Volume Enter Exit 0 0 0 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP'GENERATION BY MICROTRANS IMPACT ANALYSIS STATEMENT Sewage Conveyance and Treatment U`J"1"I Phi 11:4L 1&X 5404345841 'rria4 flarrlson4urg ,/f�. V V 4 I COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM F.T576 THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictus, Inc. Facility Name: Shalom et Benedictun STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River ]Basin: Potomac River Subbasin Potomac Section: 11 Class: IV Special Standards: pH The authorized discharge shall be in accordance with this cover page, Part•I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable To All VPDES Permits, as set forth herein. ctor, DepgIrtmenE of Environmental Quality Date PART I A. IffalM EFF" LIMITATICtS AND MNrTCRI% RECUIRDp[r Permit No. VAQ024653 Page 1 of 8 1. COT Oe period Vming with the pamit's effEztiw date and Iast!T wtil the CIIm3amffit of discharge frm the !;^aded facility in accordance with the sd,edjle of Gmpliance in Part I.C. , the Permittee is authorized to discharge fran outfall serial wrber 001. Such discharges shall be limited and nmitored by the permittee as specified below: iSfICS DISCI Y LIMITATTCNS 9hlTCRI% REC(1IRET4di5 Mbithly Average iaedciy Average Mini mm ra F Stele T}� Flaw (M;D)Z N- m PH(standard snits) � 1/�f' Estimate 6.5 9.5 1/Iay Grab M� 30 W 0. B kg/d 45 mg/1 1.2 kg/d m Nq immth Grab &Lspaided Solids 78 m311 2.1 kg/d 117 ng/1 3.1 kg/d N4 DA 1Rtrrth Grab Total Residuai Chlorine (TAC) (mg/1)3 N4 N4 � 111�y Grab FL - Db Limitation, m3litoring required M - Not Ulicable 2. The design floor of this treatTmt facility is 0.007 MID. 3. See Part I.B. for TRC limitations. 4• There shall be no discharge of floating solids or visible foam in other than trace amants. Permit No. VA0029653 Page 2 of 8 PART I A. FIWL URIIENT LIMITATIONS NE KNITCRI% R=F2E1•fNTS 1. Upon O=Srmunt of discharge from the upgraded facility. the following effluent limitations and monitoring rapirwents shall becare effective at outfall serial wrber 001 and retain in Affect until the palmt's &Tiratsm date_ .%r dlschaM shall be 11dW and MnfO'3d �Y the perTnittf as W181 Celcw. EFRI.ENT Qi*6CTERISTI(S DISQi E E LIMITATIQVS KNMIN3 REWIi4TfNTS Mxrthly Avera4e Weekly Averaoe Minimum mud F es' Sm le Tvoe Flow (MU)Z PL M M N- I/Day Estimate pi (standard units) N4 NA 6.5 9.5 1/Day Grab CKCl ('Ve - Noverber) 16 mg/l 0.42 kg/d 24 mg/l 0.64 kg/d N4 N4 1/htnth Grab CID, (Decatber - Pay) 25 mg/l 0.66 kg/d 40 mg/l 1.06 kg/d N4 M 1Mthth Grab Suspa W Solids 30 mg/l 0.8 kg/d 45 mg/l 1.2 kg/d N4 M Mtnth Grab Total Residual Chlorine (TFV (mg/1)' M N4 N4 NA 11Day Grab Ammia-N (Am - Novsrber)` 1.B rr9/1 0.05 kg/d N4 N4 1.8 m3/1 0.05 kg/d LMmth Grab Antonia-N (December - ft)` 2.9 mg/l 0.08 kg/d M N4 2.9 mg/l 0.06 kg/d 1ftnth G-ab Dissolved Q*,en (mg/1) N4 N4 5.0 N4 1/Day Grab N- - t8 Limitation, mm»toring required M - rbt 1pl icabl e 2. The design flow of this treatment facility is 0,007 MD. 3. See Part I.B. for TRC limitations. 4. See Part I.D. for additional mrnitoring instruction. S. There shall be no discharge of floating solids or visible fain in otter• than trace wants. 09/07/01 FH1 11:43 FAX 5404345841 Triad Harrisonburg L$7j005 I� 4 L „rmit No. VA0029653 Part I Page 3 of 8 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS a- No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/l for any one calendar month- b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non -detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non -detectable TRC concentration. Where the TRC concentration is within the limit of BA, the permittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall be taken within 45 minutes after the original sample. Should. this TRC sample measurement indicate a non -detectable concentration, then the original sample shall be considered as being in compliance with the permit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of BA., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non -detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit limitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in 13.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (DMR). The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 mg/l. 09/07/01 FR1 11:43 FAX 5404345841 Triad Harrisonburg LQJoub . ermit No. VA0029653 Part I Page 4 of 8 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permiittee as specified below: Discharge Limitations Monitoring Requirements Monthly Avg. Frequency Sample Type Fecal Coliform 200 (n/100 ml) (Geometric Mean) 1/Week Grab Between 10 a-m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B. 1-4. 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg Wjuur C. SCHEDULE OF COMPLIANCE . ormit No. VA0029653 Part I Page 5 of 8 The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit 2. Report of progress By January 10,1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. 3. Achieve compliance with final Within 4 years after the effective date of this lindts permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. U.'f/U!/U1 Prll 11.44 VhA J4U4J40841 lr'lau lydr-r-lJUrrUU!-8 W-, ., ., l ermit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS 1. The Quantification Level for Ammonia-N shall be 0.2 mg/l. 2. Compliance a. Monthly Average Limit Compliance with the monthly average limitations for Ammonia-N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shall be treated as it is* reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ shall be reported on the DMR- "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Arnmonia-N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit 0U/UY/U1 N1t1 11:44 FAX 5404345841 TrIacl 1larrisonourg E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS renmt No. VA0029653 Part I Page 7 of 8 1. 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. In direct Dischargers — The permittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: a- Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. 3. CTC, CTO, O & M Manual Requirements -- The permittee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities an d operating the facilities respectively. W--1 V V V 09/07/01 FRI 11:44 FAX 5404345841 Triad Harrisonburg C.Ulu 1 ermit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (O & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised 0 & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or 0 & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement — No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ-Valley Regional office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the Permittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the submitted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg LgjU11 Perm..4o. V-A0029653 Part II Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS 01019 ., .M M. 1. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. ;•..G-A 1. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to: 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg Perm_ ,Jo. V A0029653 Part II Page 2 of 11 Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. The permittee shall furnish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the Department upon request, copies of records required to be kept by this permit. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. UnauthoriZ� Dischgges Except in compliance with this permit, or another permit issued by the Board, it shall be unlawful for any person to: 1. Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or rAA b40434b641 rriaa marr1smiDur6' L'�j vto Perm, Jo. V ,0029653 Part II Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of T Inauthorized DisChu= Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part H.F.; or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part H.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The Iength of time that the discharge continued; 5• The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8• Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. RMorts of T n sual or Extraordbiga Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part 11.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly frorn processing operations; 2• Breakdown of processing or accessory equipment; OU"Y/U1 VEI 11:9b FAX 54U4345841 7riao Harrisonourg Ly_.J V 1 •f Perna. No. V A0029653 Part II Page 4 of I 1 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. N:'••� • .1 •u• The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case -by -case basis for reports of noncompliance under Part II.I. if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts 1111. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II.I.2. NOTE: The immediate (within 24 hours) reports required in Parts II. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulfil] the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg wi U 10 Perm; ,o. V.A0029653 Part II Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the* construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within. 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of pen -nit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The penmittee shall give advance notice to the Department of any planned changes in the perrnitted facility or activity which may result in noncompliance with permit requirements. I� a.�• �• -_„-� Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 09/07/01 NR1 11:47 FAX 5404345841 Triad Harrisonburg C. U 1 O Pen,,,t No. "VA0029653 Part II Page 6ofII For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or C. For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part II.K.1., or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part U.K.1.; b• The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Department_ Changes to authorization. If an authorization under Part II.K.2. i s no longer accurate because a different individual or position has responsibility for ttZe overall operation of the facility, a new authorization satisfying the requirements of Part II.K.2. shall be submitted to the Department prior to or together with any reports, or information to be Signed by an authorized representative. 4. Certification. Any person signing a document under Parts U.K.1 . or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the informatiorz submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information subm-itted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are 0yi07iu1 Nil 11:47 FAX 5404345841 Trlaa Harrisonburg W-J Pen,..c No. V A0029653 Part If Page 7ofII significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The permittee shall comply with all conditions of this permit. Any pernaut noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. M. Duly to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective perrnit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing petZnit. N. Effect of a Permit This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of Federal, State or local law or regulations. 0. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II.U.), and "upset" (Part II.V) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. 11:"" FAX 5404345841 Triad Harrisonburg LY_J V 1 O Perm., No. VA0029653 Part Il Page 8 of 1 I P. and H a dou c U ili Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perrnittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. •' ��•' •1 •1• 10. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This Provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit. R. Disposal ofSolids or Sludges Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Duty to Mitigate The perm'ttee shall take all reasonable steps to minimise or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt or Reduce Activity not a DCfenSP It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain connpliance with the conditions of this permit. 1. Typess" means the intentional diversion of waste streams from any portion of a tre'att'Xient facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to asses a efficient operation. These bypasses are not subject to the provisions of Parts II.U_ 2. and U.3. 09/07/01 FRI 11:48 FAX 5404345841 Triad Harrisonburg C. m y Perm. No. V A0029653 Part 11 Page 9 of 1 I 2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part H.I. 3. Prohibition of bypass V. UPset a• Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part II.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part II.U.3.a. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part H.V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: — vI i — —I ii. , "tIA O4V'10Ya7O41 11'1t1LL Rtit'1'1 JV11U LL1'(5 Permit No. VA0029653 Part H Page 10 of I I a. An upset occurred and that the permittee can identify the cause(s) of the upset; The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in Part-H.I.; and d. The permittee complied with any remedial measures required under Part U.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the perm.ittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection luueasonable during an emergency. I.. Permits maybe modified, revoked and reissued, or terminated for cause. The filing of a request by the peimittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 09/07/01 FRI 11:49 FAX 5404345841 Triad Harrisonburg 1j/luzi Perri,.. No. VA0029653 Part II Page 11 of 11 1 • Permits are not transferable to any person except after notice to the Department. Except as provided in Part H.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part II.Y.1., this permit may be automatically transferred to a new permittee if. a. The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II.Y.2.b. Z. v bi The provisions of this permit are severable, and if any provision of this permit or the application Of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. MPACT ANALYSIS STATEMENT Historic Landmarks Survey Data THE INTERIOR UJvJ,'jJUI"l Ul- MINERAL L SURVEY INWOOD a 750 SUNKER HILL 6X',,,, 751 5' 152 153 5.362 1 SE (INWOOD) S wall. Pit qN . / . . 4 am 618 Ab —633 (93 46 N- Freyco/ railer• C, 5, Not Bark 57 M 606 602 EinmanutIC., ler Stephenson C-� N. railer eeel 'nal- eeta4rn urn C) 7 e X 09 N. JI 6/4 rin ;�tale v 6,(,, e N10 0 bv- C, o 66 J0 0 Ce October 16. 1993 Shalom et Benedictus P. O. Box 8 Stephenson VA 212656 7e'n. tarrmenr .:j r.stortc .Resources rs:MN RE: Sulphur Spring Spa (Jordan Spring), Frederick County (DHR Ns 34-110) Dear Sir: At its October 19 meeting. the State Review Board determined that the Sulphur Spring Spa, also known as Jordan Spring, appears to meet the criteria for listing on the Virginia Landmarks Register and the National Register of Historic Places. The board concurs with the Department staff that this property appears to be eligible at the regional level for significance in the area of architecture and recreation. ` The staff of the Department of Historic Resources does not plan to prepare the national register nomination which is the required next step in the registration process, as our work program is fully scheduled for the remainder of the year and we normally limit our preparation of nominations to those properties for which the Department is accepting an easement. If you are interested in pursuing registration, I would recommend hiring a consultant or preparing the nomination yourself. I would be happy to assist someone with the preparation and upon request will send you a list of consultants and materials necessary to complete the nomination. Thank you for your interest in the register program. Should you have any questions or concerns regarding the registration process, please do not hesitate to contact me. Sincerely, James Christian Hill National Register Assistant ag•1— REGI= ;VALUATION RATING SDI 7 PROPERTY NAI'NE o? DATE RATED / 515 COUNTY/CITY.Q�1CC 1) DHR File No. _-�/� //D NR CRITERIA 1. DHR T:rn �eeis: A/ Evaluated Under: -,P Criterion A Crite:-ion B _ 2. NRHP Property Types: Criterion C RT Criterion D 3. Resource Typeis: Criteria Exceptions: 4. Period/s of Significance: %89Q 5. Area/s of Significance: ,qjP j2J./ / ] 2a71p f, Adequacy of Existing Survey: 770tiL &//— ASSIGINNN� OF BASIC POINTS 1. Level of Significance Local, Regional, State, National 5 0 10 15 2. Rarity of Property/Resource Type 0 1 2 3 4 5 6 7O 8 3. Quality and/or Rarity of Design and Workmanship 0 1 2 3 4� 5 6 7 8 4' Integrity 0 1 2 3 4 Q 6 7 8 5. Landscape Features 1 2 3 4 6. Contextual Integrity: (a) General S"yvdip 0 1 2 3 4 (b) Immed. Surromwdinp & Assoc. Resources 0 1 2 3 4 7. Archaeological Potential 0 1 O 3 4 8. Historical Significance & Associative Value 0 1 2 3 4 5 06 7 8 ASSIGNMENT OF EXTRA POINTS 1. Unusually Good Representative of Type 0 1 Z 3 2. Illustrates History of Ethnic & Cultural Minorities 0 1 2 3 3. Illustrates Distinctive Ways of Life Under -Represented on Register 0 1 2 3 4. Offers Exceptional Potential for Study and Interpretation 0 -1. 2 3 5. Visual Prominence as Landmark 0 1 2 3 6. Regional Representation on Register 0 1 2 3 — 1 K •. .. • ..ice .. T "'I , Sulphur Spring Spa 34-110 Interior Analysis: High Victorian newel post, identical to the one at the Richard's House 34-3 2. Although the interior has been renovated to be used as a facility for substance abuse treatment, the work could easily be removed and the original parts of the building still be there such as the original staircase, windows, fluted trim w/ bull's eye corner blocks, decorative wooden motifs above segmental windows and doors and wrought iron colonettes in some of the rooms. jDIVISION OF HIgTORIC LANDMARKS Negativeno(s). ino7g 1anna SU. . EY FORM Historic name Jordwin White Sulfur- Springs Common name Shalom et Benidictus, Sulfur Spring Spa County/Tbwn/City Rural Frederick County Street address or route number Rt. 664 USGS Quad Stephenson Date or period Mid 19th Century, 1870-1890 Original owner Branch Jordan Architect/builder/craftsmen Original use Spa -Hotel unknown Present owner Shalom Et Benidictus Source of name owners F[=nl owner address Stephenson, VA Source of date architectural evidence stories 9 Present use drug and alcohol rehabilitation Foundation and wall const'n 7-course American bond brick Acreage center. on a split-level stone foundation. 253 acres RooftypeHipp_ed roof clad w/ asphalt shingle. State condition of structure and environs Excellent. State potential threats to structure None Note any archaeological interest This was the site of activity around the sulfurspringsin the mid-18th century. Also, this is not the original building which was used as a hotel- there was another ei i burned. Is in very original condition. u�d be investigated for possible register potential? yes ® no ❑ Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible orclear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) The site of the sulfur springs were recognized for their healing value by the Indians, before white man settled this area of Frederick County. By 1747, Indians and white men were arguing about who had rights to the spring. The land became part of the Littler grant and exchanged hands until 1834 when the then current owner; Branch Jordan, built a brick building on the site This building apparently burned as did some others which followed it. The present building whit is made of brick and stone seems to have been built in the late 19th century. It is of 7-courE American bond. It. is three -and -a -half stories on a split-level stone basement. The basement becomes a full level on the east side of the house. The building has brick piers running the entire height of the building. There are also gable dormers on the building; 3 on the front,l on the side, 2 on the rear. The building is L-shaped in plan with the rear wing being only 2' stories. The building has 2/2 light windows; segmental arches over the openings except on the 3rd story where they are flat arches. There are 2 doors on the entry level, front of the building which have 4-light transoms above. The stone English basement of the building has brick segmental arches over the openings. The building has a stepped brick cornice; exposed rat tens in the eaves and some of the windows are paired. A 19-bay wrap -around porch which is 2 levels and 2 stories is found on the front and sides of the building. The supports are chamfer( columns. There is a sawn balustrade and plain handrail and exposed rafters in the eaves of the porch roof. The rear 2 story ell which gives the Spa its L-shape appears to have been added just a little bit later than the main building. It has a central brick chimney and integral 2-story porches.on its west side. There is a frame cabin(?) just NW of the main building. It is: 2 stories on a split-level base. ment; 3bays wide; symmetrical; has a gable roof with standing seam metal; 6/6 windows; louvere, shutters; ext. end brick chimney(unable to see the type of bond);fronted by a 3-bay, 1 level vernacular !nor^.h with chamfered column supports, a plain handrail and cross -rail balustrade. Perhaps this was one of several cabins that were found on the property- ones that could be rented. The only other original outbuildings appear to be the frame shed located East of the house by the creek and the open octagonal springhouse located North of the house near the entrance to the property. It is a pergola w/ a shallow conical roof. The supports are baseles Intenor inspected? doric columns. Although, some of the parts of this garden structure have surely Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) modern buildings on th property. one is a 2-st6ry concrete block workshop located south of the main building. The oth is a 1 story brick office building located West of the main building. No, the interior was not inspected. The use of this building has changed several times since it was built. It was originally buil as a spa -hotel. The history of its ownership needs to be further researched, but briefly what occured is that it was in its peak of use in the late 19th Century when people would come by train from Baltimore, Washington, New York and Philadelphia to enjoy the water and the social life. The spa was abandoned for some years in the 20th century until it was bought by the Franklin Institute in 1950. They sold it in 1954 to the Catholic Church and it was used by the Mission Servants of the Holy Trinity Monastery until 1972. They did a lot of renovation to the building including replacing the swimming pool dressing rooms with a library and the ballroom with a chapel. They sold it to Shalom et Benidictus, a private, non-profit, non -denominational residential treatment community for teenagers with emotional or family -related probles, in 1972. The current owners have also done a lot of work to the building yet retained its archi- tectural integrity. This property should definitely be placed on the State and National Regist as it exemplifies an unusual building type from a "lost era". VIRGINIA �P 0 , HISTORIC LANDMARKS COMMISSION SURVEY FORM 34-110 Filc Numbcr 1. County Frederick 2. HistoricNamc Sulfur Spring Spa Town Stephenson Present Name Same Street No. ld, of At, 664 at Jordan Date or Period (exact or estimate) ea, 1843 Spring Architect —`-- --__— USGS Quad Name Stephenson BuIldcr, craftsman, etc. Quad Date 1966 Source of Name Father Erie Williams t Source of Date " Original Owner Jordan s Original Use Health Spa — Hotel Present Owner Shalom & Benedictus Present Owner Address Father Eric WilliamE 3. No. stori (dotmcrs count as %= story): Box A V Stephenson, Va. Wall construction Present Use Brick/ stone Rehabilitation center Acrcag6nknown 4. Historical Significance (Chain of Title, Families and Events, etc., connected with the property) /This spa was originally run and built by the Jordan's. There was a hotel on the spot by 1843, and had been used before then as a health spa. The hotel probably burnt down several times, and the present structur probably dates to the 1870's. In 1950 the Franklin Institute bought the spa and owned it until 1954 when Mission Servants of Most Holy Trinity purchased it and used it as a monastary-type place, In January 1972, Shalom and Benedictus purchased the place and are using it for drug rehabilitation center. 5. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alterarions and additions) This is an extremely large structure, note that it is part brick. Note detail of ornament over the windows - photograph, I could not get inside for a ground plan, 6. Physical Condition E.xccllcnt Good I";1ir Pour Structure X_— Grounds X ---- Neighborhood -- X — ----' State potential tl-rc:its to prescnatiun of srructurc None _.•.i�.�s+a�n�.—�— � "may . � i s i�lt'� •� .•i r -_ ;,tom Date ."I�a►k1T [ ! 7J File N-- Name rtiif JnYI"�)ct. Town County J Lw1 J 4v" �� PhotograF her ► [ ";A,, Contents 4 k t u �✓;_,1 C��w�Uw�r�, n4 )►I�V a . ice• Geer r� t3i �� pp— -q w1 s�'. 6 a 41M AIAM IN. ww.'q"e 0 OA Phn :ik • let ...I JN V's npi P7- z 40. ' .'. •i : 'r If' r. •^••••-. �::3 •''!w"`y •/,'' �"lam" t• -)r __'~ /. �'�f 1 l • ' ... \}e, y� sr-, _�`��.-t i :t"�?•ly t: �;• �/ r ''+ "�i-., •••� +SCT�_ j.�.•t,� '�•t•�C ,ys 1 � •,� G+" ��n ,i.. wa, '.rztiSj �J-.•''.mac- �;^• Z� . �••' i :�+. •.) '7a�• f i -' >Vvst Y •'•t, •' ' '�i:' } '• i .. i ; � �^ -_`v- -' .:�: �-� 41 '�;t i'r, fir% { • S�� 'i,�/V.'.•., W'' ,��, `.N.' 'ram\./\ � � '~i•' : i' '•\ r � .: ,♦l P � .-t: Y '�•.�^ . j 't. ..,y 't: s� j' t...,.. '1v� : `jar' \> 46. 14 :emu-• ''�L/.. ," -•Y� ' .�.t•. -_.(' '{' '"�+��•t-'•mil it;• �\(.1.�_\ 41 . �✓^. -,+, •, f}(�� �jj�1��/\1\J i'��.1�r,j' > ,'k` ,'•1`'t'�"��� "1,.i� �':'t> _-fir �t ,, y y� ',� L ;_ t:.-A�. _, 1,..:• JordanSprinotop (t'i J , �� { ••1'! N � �7 'r' rr j •-f •a�n .i!r. ...Y •�. Yi: affl :f''.�!7Z1;r IM '-�rFr• �0••1.� c i j� 1 •� 5 >` .• " ;... tom• .-� :. . i - � • � s.. , �/�/�� e�•a' r F -"' ski .: M`>.�'f. ♦ 4-� •. �r,r �' J r�e"'•i •�... r' '' �:'�'`:: - , r All+`•� `) '•` I�ji'��'r/: .t�`` �'\!'�I': ,' tom_ -1 l 31 sit Nip � ^7i' � t} a •.. _• v t 171l.Qalb 410 /# pis Y=>•� jE I�f Sne ptc ITSQ }- F� on laic 1: ILM Daft 112^Do= wcm 0 1 0 THE 4PPROXIMATE SCALE: 1" = 200' BOUNDARY — — PROPER _ TY — — TAX MAP PARCEI PARKING V. N BUILDING Z a OWNERS: 0- MISSIONARY SERVANTS OF a" °tee THE MOST HOLY TRINITY o APPROXIMATE SCALE: 1" = 500' rA .! G �. QQ p w Q NOTE: ` -> a o�? THIS PLAN SHEET HAS BEEN DERIVED FROM AN oa TREES AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD ` CHECKED. u,.."•, THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRESENTATION ONLY. 1 DATE: 10/10/2001 NAP NUMBER: 44 A 294 TICKET NO TAX PAYER ** REAL ESTATE TOTAL ** ** SANITARY TOTAL ** ** ST. LIGHT TOTAL ** ** NEWSPAPER TOTAL ** ***** GRAND TOTAL ***** COUNTY OF FREDERICK VIRGINIA REAL ESTATE TAX SEARCH PAYMENT HISTORY DEPT BASE TAX PENALTY INTEREST PAGE: 1 PAYMENTS Z) 16 �4-p4l3 TO H. M. STOVER,'INCORPORATED r a DEED MISSIONARY SERVANTS OF THE MOST HOLY TRINITYUd # 5 > THIS DEED made and dated this 24th day of April, 1954, by and between W. H. M. STOVER, INCORPORATED, a corporation created under the laws of the State of Delaware, and authorized to do business in the Commonwealth of Virginia, hereinafter sometimes referred to as the "Grantor", party of the first part; and MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, a corporation organized under the laws of the State of Alabama hereinafter sometimes referred to as the "Grantee", party of the second part. WITNESSETH: That for and in consideration of One Hundred and Forty Thousand Dollars ($140,000) cash, paid by the party of the second part to the Party of the first part on or before the delivery of this deed, the receipt of which is hereby acknowledged, the party of the first part doth hereby grant, bargain, sell and convey, with general warranty of title, unto MISSIONARY SERVANTS OF THE MOST HOLY TRINIT its successors and assigns, the following described properties, containing in the aggro- ' gate Two Hundred and Fifty-seven (257) Acres, more or less, situate in Stonewall Magis- terial District, Frederick County, Virginia, and more particularly described as follows, to -wit: Tract 1: That certain tract of land, improved by a large brick hotel, and other buildings, known as the Jordan Whity Sulphur Springs Property, situate about five miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Gilbert M. Stover and Laura Helen Stover, his wife, bearing date February 26, 1947, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 199, at page 361;_said tract of land being more particularly described with re- ference to the plat and survey thereof made by Richard U. Goode, Certified Surveyor, dated June 4, 1952, attached to and made a part of a certain deed of trust from the party of the first part to J- Sloan Kuykendall and Wayne A. Whitham, Trustees, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 120, as follows: "Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover; thence with Bailey N 631r deg. E 1174 ft- to (2) a point in the center of Road No. 664 and in line with the South fence line of the land of Bailey;. thence with the center of Road No. 664 for the following 3 courses: N 14 deg- E 152 ft. to (3); thence N 8-1 deg. E 224 ft. to (4); thence N 20 deg. W 333 ft to (5) s point in the center of Road No. 664 -and in line with the South fence line of the land of Lockhart; thence with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorff S 15 deg. 05 min. E 838 ft. to (7) a black oak three a corner to Orndorff; thence S 82 deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) a post in a fence corner; thence S 63'3/4 deg. W 1116 ft. to (11) e point in the center of Road No. 664 and in line with the South fence line of the land of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell's land on the West side of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fence; thence N 36-j deg. W 1494 ft. to the point of beginning contain ing 74.49 acres, more or less." Tract 2: That certain tract of land, together with the improve- ments thereon and the appurtenances therounto belonging, situate on the north side of Road No. 660, about four and .one-half miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Joseph A. Massie, Jr., Administrator de bonis non, cum testament' annexo of the Estate of H. J. Benner, deceased, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 117, wherein said tract of land is more particularly described as follows: "Beginning at (1) a point in the center of Road 14o. 664 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North.fence line of the land of Rexrode N 84-j deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road mo. 660 with the last line of Hart's land; thence with the East fence line of the land of Hart and then with the East fence line of Rutherford's land N 36 3/4 deg. W.1819 feet to (4) a set stone at a fence corner; thence with Rutherford for the following Four courses: S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 56-j deg. W 900 feet to (6) a set. stone at a fence corner; thence N 17-1 deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey N 47-1 deg. E 2327 feet to (9) a set stone near a fence corner; thenc with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence N 50 deg E 825 feet to (11) a cherry tree in a fence corner; thence with -Bailey and then with the land of W. H. M. Stover S 36j deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23-j deg. E 387 feet to the point of beginni g, containing 183.01 acres, more or less." A reference to said plats, said deeds and deed of trust, and the references contained in said deeds and deed of trust, is here made for further and more particular descriptions of the properties herein conveyed. This deed, and the conveyances herein contained, are made subjec to all the reservations, restrictions, rights of way and covenants contained in the aforesaid deed, and contained in the deeds referred to in the aforesaid deed, and otherwise of public record. Also, in consideration of the aforesaid purchase price, the Grantor does hereby sell, nsfer, assign and set over unto ,e Grantee all of those certain articles of personal property listed and described on those certain sheets of paper, marked "Inventory", attached to this deed and made a part hereof. The Grantor covenants that it has the right to convey the title to the said properties; that due and proper action has been taken by W. B. M. Stover, Incorporated, directing the sale and conveyance of the within described properties; that the properties are free of liens and encumbrances, and that the Grantor will execute such further assurances of title as may be requisite. Witness the signature of W. H. M. Stover, Incorporated, by George) M. Stover, its First Vice President, and the seal of said corporation, duly affixed and attested by W. H. M. Stover, its Secretary. (SEAL) Attest: W. H. M. STOVER ,.ecretary REVENUE STAMPS # $154.00 CANCELLED # tr+t-+r�rtru-ire-ir+Htfrsr nor# State of Virginia County of Frederick, to -wit: W. H. M. STOVER, INC By GEORGE M. STOVE rs ice res I, Blanche L. Roe, a Notary Public in and for the County of Frederick, State of Virginia, hereby certify that George M. Stover and W. H. M. Stover, First Vice President and Secretary, respectively, of W. H. M: Stover, Incorporated, who. names are signed to the foregoing and annexed writing, bearing date on the 24th day of April, 1954, have personally appeared before me and acknowledged the same in nay County and State aforesaid. My Commission as Notary Public expires July 9, 1955. Given under my hand and official Notarial Seal this 24th day of April, 1954. (SEAL) ITEM BASEMENT Seven foot mirror Step Ladder Garden Hose Stable brooms Wire Brush Work Bench & Vise Scythe and Snath Shovel Rake - Garden Iron Wedge Small Hand Saw Rasp Alemite gun Wheelbarrow Coil of insulated copper wire 24 ' extension ladder 3 x 7 table Axe INVENTORY OF MOVABLE EQUIPMENT JORDAN'S WHITE SULPHUR SPRINGS March 2, 1951 UNIT QUANTITY PRICE 1 1 200 feet 2 1 1 1 1 1 1 1 1 1 1 BLANCHE L. ROE vo t ary u is VALUE $ 25.00 5.00 50.00 15.00 45.00 17.50 4.50 1.50 FIRST FLOOR (Lobby) 27 Inch Toro Lawn Mower - Power Driven 1 New $285.00 2-1/2 H.P. �� �� �� " 24 - Power Driven 2-1/4 H.P. Picture of Coliseum (framed) 1 New 1 225.00 Picture of Classical Ruins (framed) 1 25.00 25.00 Rocking Chairs 5a $ 9.00 45.00 Army Cot 1 5.00 (BALL ROOM) Yacht Chairs 42a $ 5.00 $210.00 Rocking Chairs 6a 9.00 54.00 Rustic Picnic Tables 2a 30.00 60.00 Rustic Lunch Tables 2a 10.00 20.00 Rustic Chairs for Tables 8a 5.00 40.00 Rustic Settees 3a 25.00 75.00 Rustic Chairs 6a 15.00 9Q, M' Hickory Armed Settees 2a 18.00 36.00 Hickory Chairs 4a 15.00 60.00 Metal Lawn Table with Parasol la 30.00 Metal Chair la 5.00 C.F .20 piano player rolls $100.00 Total, Page L ..... $1,395.00 RCB Roger C. Butts Ball Room, First Floor cont'd. Ping Pong Tables - New 2a $ 45.00 $ 90.00 Fire Place Andirons 1 set Fire Place Screen 1 Oak Side Board 1 ,B700- Golf Club Rack 1 20.00 Ping Pong Paddle Rack 1 10.00 Plastic Croquet Sets (4 Play) 2a 10.UO 20.00 Childrens' Croquet Sets 2a 5.00 10.00 Shuffle Board Pushers 6 25.00 Bamboo Lawn Rakes 2 Badminton Net 1 10.00 Table Tennis Sets 2 Oak Two Door Cabinet 1 25.00- DINING ROOM, FIRST FLOOR Bakelite Top Tables, 30 x 30 " " " 5a $ 15.00 $ 75.00 24 x 24 4a 12.50 50.00 Dining Room Chairs 35a 5.00 175.00 Wall Cabinets for dishes (10 ft. high, 2a 100.00 200.00 glass doors) PANTRY, FIRST FLOOR 300 Pound Ice Box 1 $ 100.00 Wall Cabinets for dishes - 10 £t. high, 3a $ IUD -.DI- 300.00 glass doors Step Ladder 1 Water Bucket 1 KITCHEN, FIRST FLOOR Heavy Table 3" x 6' x 33"- Meat Carving 1 $ 500.00 3 Unit Gas Stove (4 burners each with ovens) 1 300.00 Hot Water Heater 1 100.00 Garbage Pail 1 SECOND FLOOR Rocking Chairs 5a $ 18.00 $ 90.00 Ocasional Chairs 21a 15.00 315.00 Dressers lla 35.00 385.00 Stands 4a 8.00 32.00 F1oor.Lamps 4a 25.00 100.00 Mirrors 7a 20.00 140.00 18a 34.00 Canvas Cots - Army 5.00 40.00 Total, Page 2 ........ $3,346.00 Roger C. Butts SECOND FLOOR (cont'd Waste Paper Baskets 15a $ i J $ 15.00 Steel Cots (with mattresses) Roll Away 2a 30.00 60.00 Steel Cot (with mattress) In 10.00 10.00 Dressing Tables 2a Single Beds with Coil Springs & inner- spring mattresses (Simmons) 4a 150.00 600.00 Double Beds (Ditto) lla 100.00 1100.00 Pillows 21a 4.00 84.00 Spreads 9a 2.00 1 ..09 . Sheets 22a 3.00 6�.00 Pillow Cases 8a 1.00 8.00 Towels 22a 1.00 22.00 Wash Cloths 10a 1.00 Hammock In 5.00 Floor Mops 2a Brooms 2a Water Bucket In Shower Curtains 2a Slop Jars 2a- ��- Steel Cabint - Kitchen la 30.00 Oil Heater-- 6 room automatic circulator In 75.00 Coat Hangers 175a Ash Trays 15a C OT TAGE Oil Heater (6 room automatic circulator In $ 75.00 Tables (rough) 2a- 10.00 Frigidaire (used) In 50.00 Gas Stove (4 burner - used) In 100.00 Water Bucket In What -Not Cabinet In 9 x 12 rug In 1O.Ou- Iron cot, mattress & spring In 5.00 Rocking Chair In 9.00 Radio - Majestic - used In 25.00 Coat & Umbrella Rack - Mahogany Antique In 50.00 Pillow In Double Bed, Mattress & Spring 1 a 50.00- Kellmer Organ In 50.00 Miller Organ In 35.00 Window Screens 9 x 10 rug IN THE OPEN Picnic Tables 22a $20.00 $330.00 Incinerator In Small Animal Cage In Three Seat Suspension Swing In IUO.00- Rocking Type swings 2a 15.00 30.00 Seesaws 2a 10.00 20.00 Small child's slide In Pn_nn Total, Page 3 $3,068.00 Roger C. Butts MISCELLANEOUS ITEMS 5 Gallon Crock 1 $ 3.00 12 Gallon Crock 1 5.00 Pan 1 Dippper 1 Golf Putters 14a $7.00 98.00 Total .. $ 116.00 Above Items Unpriced, pages 1 through 4 $ 75.00 Chloringting Machine $450.00 Total $8,000.00 Page 1 1,395.00 Page 2 3,346.00 = 13,068-00 Page 3 Page 4 - 116.00 $7,925.00 75.00 $8,000.00 Roger C. Butts Franklin Development Foundation, Inc. I L 6. Further, the following additional property now located in and about the kitchen will be transferred from Franklin to Stover: 1 Kitchen Aid Coffee Mill 1 Coffee Urn - 3 piece Stainless Steel 1 Coffee Urn Stand, Stainless Steel Top Oren Base 1 Cl- D' 1 amp on ishwasher - Stainless Stee (8 China Trays - 4 Silver Trays) 4 Dish Carts - Steel - Rubber Tired Wheels 1 General Food Grinder #35211 (Else) 1 10 Qt. Hobart Mixer 1 Meat Block 1 Mop Bucket Outfit complete with 2 buckets, dolly and wringer 1 Potato Cutter 1 Univex Potato Peeler 1 Victor Walk-in Refrigerator 35' 1 Victor Walk-in Deep Freeze Refrigerator 0' 1 Beam Scale 1 Globe Meat Slicer 1 Duke Steam Table (Gas).with 7 Steam table ans 1 Hotpoint Electric Commercial Stove (1 Oven 1 Hotpoint Electric Commercial Fry Kettle 2 Silex Two Unit Coffee Warmers (Elea) with 6 glass Decanters 1 Dining Room Servin Table - wood and linoleum construction fCa£eteria Style) 2 1 gallon Thermos Jugs I�psite Trays (Cafeteria Trays) 21 Salad Oil Bottles 68 Salt & Pepper Shakers (Glass, Metal Tops) 29 Sugar Bowls, China 44 Oatmeal Bowls, China 119 Coffee Cups, China 127 Coffee Cup Saucers, China 125 3-1/2" Fruit or Dessert Dishes, China 22 Cream Pitchers, China 138 8" Dinner Plates, China 130 4-1/2" Salad or Dessert Plates, China 82 10oz. Water Glasses 65 5 oz. Juice Glasses 24 Dripcut Syrup Dispensers, Glass (Metal Tops - Plastic handles) 134 Stainless Steel Dinner Forks 132 Stainless Steel Dinner Knives 241 Stainless Steel Tea Spoons 144 Dessert Stainless Steel Spoons 72 Stainless Steel Table Spoons 2 Mixing Bowls (small size, aluminum) 1 Can Opener,, (Wall Type) 1 Eklund Heavy Duty Can Opener 3 Witt Garbage Cans & Covers 1 Universal Food Chopper (small size) 1 Meat Cleaver 1 Corkscrew 1 Dish Drainer 1 Aluminum Double Boiler (large size) 3 Steel Flesh Forks (2 medium, 1 large size) 1 Griddle 1 Meat Hook 2 Ice Cream Dishers 2 Grapefruit Knives 3 6 oz. Ladles 1 Aluminum Pitcher 1 Pan. Stainless Steel 2 Hotel Pans, Stainless Stool 2 Cake Pans, Aluminum Pans 14 x 26 1 Dish Pan, Enamel 1 Dust Pan 3 Sauce Pans, Aluminum 1 Stock Pot Cover, aluminum 2 Stock Pots with covers, aluminum 3 10" Pie Pans, tin 1 Rolling Pin (Wood) 2 Roasters 1 Meat Saw 2 8" Cast Iron Skillets 1 12" Cast Iron Skillet 1 Meat Tenderizer 1 Pr. 9" Stainless Steel Tongs 1 Pr. 6" Stainless Steel Tongs 2 Double Boilers, aluminum 1 Wire Brush (meat block) 1 Retinned Mixing Bowl 1 Pot Cover, aluminum 2 Pot Covers, aluminum 1 Cake Turner, stainless steel cake turner, stainless steel 1 Witt `=arbage Can & Cover, Galvanized 4 Sty Table Covers, stainless steel 1 Col -Lander 1 Biscuit Cutter, tin 2 Witt Garbage Cans & Covers, galvanized 1 Towel Cabinet, white enamel 24 1/2 oz. Creamers, glass 43 3/4 oz. Creamers, glass 1 Lamson Flesh Fork, wood handle 2 Griswold Griddles, cast iron 2 Chef Knives . 2 Boning Knives 1 Steak knife 1 Knife Holders, aluminum 1 1 Gal. Urn Cup, aluminum 10 Jars, (refrigerator storage) aluminum 2 Pitchers, aluminum 1 Stock Pot, aluminum 1 Stook Pot, aluminum 2 Pitchers, aluminum 3 Bake Pans 6 Roasting Pans, blue steel 2 Hotel Pans, white enamel 1 Hotel Pan, white enamel 5 Hotel Pans, white enamel 9 Cookie Sheets, aluminum 2 Aluminum Pitchers 7 Skewers 1 Roast Beef Slicer 1 12" Spatula 1 8" Spatula 1 Tier - Roast Beef 1 Serving Tray, aluminum 6 Hotel Trays, white enamel 3 Tray Stands (wood) 2 Skimmers - Stainless Steel 1 Bakers Scale 1 Egg Slicer (Cast Aluminum Base) 2 Dexter Steels 1 Magic Chef 2 Oven Gas Range The following tools will be transferred from Franklin to Stover: 1 Bar - 30" Wrecking 1 Post Hole Digger 1 Digging Iron 1 Set Pipe Dies, Ratchet Type, adjustable 1", 3 Steel Tooth Garden Rakes 1 Steel Tooth Garden Rake 1 All steel - 2 wheel rubber tires Bag Truck 1 Trowel 1 Wood Chisel 1 Wood Chisel 1 Water Sprinkling Can 3 Galvanized Snow Shovels 1 Lawn Roller 1 Tilting Arbor Bench Saw 1 Saw Table Extension 1 Saw Table Guard 1 Dado Head 1 8" Combination Saw Blade 1 1/2 HP Electric Motor (mounted on saw) 1 Claw Hammer 1 Square (small) 1 Hand Saw 1 Hatchet 1 Axe 1 Step Ladder - 6' Wood 1 Chain Pipe Vise 1 Flash Light 1 Compass Saw 1 Steel Wheel Barrow - Rubber Tired 1 Steel Tooth Rake 1 Wood Plane Hand 1 Herbrand Socket Wrench Set 8 Herbrand Sockets 1 Oil Stone 1 Wood Scraper 7. In removing any of its property, whether attached 1-1/4" , 1-1/2", 2" I I to the premises or otherwise, Franklin agrees to do so without damaging the property and to patch over and paint any holes which may be made in the plaster or woodwork. A z 2,- -5Z/ / `� // --7- reference is made to photo copy of said Sheet No. 4 of Right of Way Map, showing outlined in red the land conveyed in fee simple which photo copy is hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Plat Book. The said grantor covenants that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the land, free from all encumbrances, and that he will execute such further assurance of the said land as may be requisite. The said grantor covenants and agrees for himself, his heirs and assigns and successors, that the considerations hereinabove mentioned and paid to him shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, and maintenance of said highway, including such drainage facilities as may be necessary. WITNESS the following signatures and seals: ' �+tt�t�ruaeaatt-ttttttitirtr�rto-tr-tt# REVENUE STAMPS +f $0.55 FItEa E . LINGER ( bLAL) CANCELLED # BETTY L. UNGER SEAL' STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I, Emory S. Marchant, a Notary Public in and for the State of Virginia at large, do certify that Fred E. Unger and Betty L. Unger, whose names are signed to the foregoing writing, bearing date on the 7th day of April, 1952, have each acknowledged the same before me in my County aforesaid. My term of office expires March 22, 1955, Given under my hand this 8th day of May, 1952. EMORY S. V IRGIN IA Notary FREDERICK COUNTY, (SCT. c. This instrument of writing was produced to me on the 15th day of July 1952 at 9:30 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. "'flkj.. #883 �r JOSEPH A. MASSIE, JR. ADMR. a+ TO .. DEED a+ W. H. M. STOVER, INC. ++ �Fi+�NFiNt Y-iNfil-ititi.��t-tFit-n-tF-uacas THIS DEED made and dated this 15th day of May, 1952, by and be- tween Joseph A. Massie, Jr., Administrator as bonis non, cum testamento annexo of the :state of H. J. Benner, Deceased, party of the first part, and W. H. M. Stover, Incor- porated, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey, with special warranty of title, unto W. H. M. Stover, Incorporated, its assigns forever, all of the following described real property, to -wit: All of that certain tract or parcel of land near Jordan Springs, in Frederick County, Virgins • which descended to J. W. Benner, ,ally Toupp, Minnie R. Ware and Henry J. Benner, as heirs at law of Benjamin Benner, Deceased, and which was conveyed to Henry J. Benner by J. W. Benner, Sarah C. Benner, his wife, Henry C. Toupp, Sally C. Toupp, his wife, and Minnie R. Ware, by deed dated April 2, 1895 and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 116, page 471; and is more particularly described hereafter by a survey and plat of Richard U. Goode, Certified Surveyor, which is attached hereto and made a part of this deed. The description of the property is as follows: All of that certain tract or parcel of land located on the North side of Road No. 660, about Four and one—half miles Northeast of Winchester, Virginia, situate in Stonewall Magisterial District, Frederiok County, Virginia, and is bounded as follows Beginning at (1) a point in the center of Road No. 664 and oppo— site an elm tree in a fence corner on the west side of the road, corner to thi--land of Rexrode; thence with the North fence line of the land of Rexrode N B4-i deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road No. 660 with the East line of Hart's.land; thence with the East fence line of the land of Hart and then with the East fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence with Huther— ford for the following Four courses; S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 561 deg. W 900 feet to (6) a set stone at a fence corner; thence N 17,j I deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8)I a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey N 47-� deg. E 2327 feet to (9) a set stone near a fence corner; thence with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence iV 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 36-1 deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a i twin sycamore tree; thence S 231 deg. E 387 foot to the point of beginning, containing 1183.01 acres, more or less. i ' The said Joseph A. Massie, Jr., Administrator de bonis non, cum I I testamento annexo, conveys this property by authority of the aforesaid will of H. J. Benner, Deceased, and by authority of the Circuit Court of Frederick County, Virginia by its order of October 17, 1951 and March 17, 1952 aforesaid. WITNESS the following signature and seal the first date herein — above written. JOSEFH A. MASSIE JR. (SEAI�) Joseph Massie., Jr., Administrator REVENUE STAMPS as bonis non, cum testamento annexo' CANCELLED {F of the Estate of H. J. Benner, CANC CANC Deceased 3TATE OF VIRGINIA )OUNTY OF FREDERICK, To -wit: I, Juanita R. Roo, a Notary Public of and for the County afore- 3aid, in the State of Virginia, hereby certify that Joseph A. Massie, Jr., whose name .9 signed to the foregoing writing, bearing date of the 15th day of may, 1952, has this lay personally appeared before me in my County aforesaid and acknowledged the same. Given under my hand this 15th day of May, 1952. My Commission expires October 18, 1953. JUAN I`PA R . ROF Notary Public ,, -- NO. .660 S U,f VL Yc�O MA r L }, / 96L /�/L NAAO U. GOOOC GL,�T/F�LO SU�f Vc"YoA MA a n/a r/c s SCALL y N P�O Loc,47-,Eo ,q,&ou-r 4 /< M/Las /V CIX r// E/1 S T o f - W/,v c N,cs T ER , /" S TO/JE WALL O/.3 T,T/cT , FIT En-IV/c K CO",VT -1- , V,4. B/1 /LEY 0 VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 12:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. CLERK #3FtHHHHNFdt y-7HHtiHHHHHHHHtiHHf-iHHHHHHHHF#iHHF#-tF #k884 # W.-H. M. STOVER, INC. tt TO :: DEED OF TRUST J. SLOAN KUYKENDALL, ET AL, TRS. at b � I G �, ` { #iHHHHHHHHHNFitIHHHHHHt-7HHHH}iHHHHFiHHt;NHHF-tHHt 1'HI5 DEED OF TRUST made and dated this 15th day of May, 1952, ! by and between W. H. M. Stover, Incorporated, a corporation organized and existing under) the laws of the State of Delaware, party of the first part; J. Sloan Kuykendall and I IJayne A. Whitham, Trustees, parties of the second part; and the Shenandoah Valley National ank of Winchester, at Winchester, Virginia, party of the third part. ~ WHEREAS the party of the first part, by deed from Gilbert M. Y 2 tover and wife, dated February 26, 1947, of record in the Office of the Clerk of the 'ircuit Court of Frederick Count Vir y, ginia, in Doed Book 199, at page 362, acquired a certain tract or parcel of land containing 74.49 acros, together with improvements I , g � thereon and appurtenances thereto belonging, gin g� known as the Jordan White Sulphur Springs s k property, situate about four and one half miles northeast of the City of Winchester, in Frederick County, Virginia; and � 5 WHEREAS, by a certain I deed of trust, bearing date November 15, M c S 1947, of record in the aforesaid Clerk's office in Deed Book 203, at page 140, the party) i of the first part conveyed the aforesaid property to Burr P. Harrison, Harry K. Benham I and J. Edward Thoma, Trustees, to secure the payment of a promissory note, of even date Iwith said deed of trust, in the principal sum of $12,000, upon which there is now a balance due of $8,000; and WHEREAS, the party of the first part has, by deed bearing date the 15th day of May, 1952, of record in the aforesaid Clerk's Office, in Deed Book at page , acquired, by purchase, 183.01 acres, with improvements thereon and I' i appurtenances thereunto belonging, known as the Benner Farm, situate at Stephenson, in i Frederick County, Virginia, for the sum of $7,000; and Ii WHEREAS, the party of the first part has arranged to borrow the ' sum of $15,000 from the party of the third part, $8,000 of which is to be used for the i purpose of refinancing the balance due on the above -mentioned note of $12,000, secured i by a deed of trust on the Jordan White Sulphur Springs property, and $7,000 of which i is to be used for the purpose of purchasing the Benner Farm, said sum of $15,000 to be secured as hereinafter recited. NOW, THEREFOR:,. WITIVESSETH: That, for and in consideration of the sum of One Dollar ($1), cash in hand paid by the said Trustees to the parties of the first part on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant and convey, with general warranty of title, unto the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever, the following described tracts of land in Frederick County, Virginia, to -wit: Tract No. 1 - All that certain tract of land, with improvements, located on both sides of Road No. 664 about 4-1-miles Northeast of Winchester, Virginia and situate in Stonewall Magisterial District, Frederick County, Virginia, which is more particularly described in a plat and survey made by Richard U. Goode, Certified Surveyo I, on June 4, 1952, which plat and survey are attached hereto and made a part hereof. Tract No. 2- All that certain tract or parcel of land, with im- provements, located on the North side of Road No. 660, about 41 miles Northeast of Winc- hester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia,) and bounded as follows: Beginning at (1) a point in the center of Road No. 684 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North fence line of the land of Rexrode N 84-1 Deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fenoe line of Road No. 660 S 53 3/4 deg. W 2095 I , feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the North line of Road No. 660 with the East line of Hart's land; thence with the East fence line of the land of Hart and than with the East fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence with Rutherford for the following four courses; S 23 dog. W 297 feet to (5) a set stone at a fence corner; thence N 56-1 deg. W 900 feet to (6) a set stone at a fence corner; thence N 171r deg. W 250 feet to (7)'•a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; -thence with Bailey N 47-1 deg. E 2327 feet to (9) a set atone noar a fence corner; thence with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence N 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 36-} deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence an opposite a twin sycamore tree; thence S 23--deg. E 387 feet to the point of beginning, containing 183.01 acres, more or less. Reference is hereby made to the aforesaid deeds, the plat attar ad to the Benner deed and the survey and plat of the Jordan White Sulphur Springs prop- erty attached to this deed of trust for a more particular description of the property hereby conveyed. TO HAVE AND TO HOLD the property herein conveyed to the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever. BUT UPON 'PHIS TRUST, NEVERTHELESS, to secure equally and without j priority one to the other ten (10) bonds of the party of the first part, executed of even date herewith, designated as Bonds Nos. 1 to 10 inclusive; Bonds Nos. 1 to 9, in- ' -elusive, are in the principal sum of Seven Hundred and Fifty Dollars ($750), each, and L, Bond No. 10 is in the principal sum of Eighty Two Hundred and Fifty Dollars ($8250). rr Isaid bonds bear interest from date at the rate of six per cent per annum, payable semi- annually, and are payable tc e party of the third part or or( at the following time: Bond No. 1 is payable six months from date; Bond No. 2 is payable twelve months from date; Bond No. 3 is payable eighteen months from date; Bond No. 4 is payable twenty -£our months from date; Bond No. 5 is payable thirty months from date; Bond 11o. 6 is payable thirty-six months from date; Bond No. 7 is payable forty -tyro months from date; Bond No. 8 is payable forty-eight months from date; Bond No. 9 is payable fifty-four months from date; and Bond No. 10 is payable sixty months from date. The party hereto of the first part hereby waives the benefit of all exemptions as to this debt to which it may be legally entitled and this .deed of trust is executed to secure the payment of said bonds whatever form the same may assume, by renewal, or renewals, in whole or in part, by change of parties, makers, endorsers, or lotherwise, until the said debt shall be finally and fully paid and discharged. The maker of the bonds herebysecured may pay the principal of !any one or more of said bonds before maturity on any semi-annual interest payment date. i The party of the first part covenants that it will keep the ` buildings on the property hereby conveyed insured against fire and other calamity in some solvent insurance company approved by the Trustees., the holders of the bonds, for the benefit of the beneficiaries hereunder in a sum equal to their fair insurable (value, and the party of the first part covenants that it will deposit the policies , with ) (standard loan payable clause with full contribution in favor of the 'Trustees, as their I interest may appear, with the said Trustees. The part of the e first part further cove- nants, in the event Of its failure to keep the property so insured and the policies so deposited, that the Trustees may, or the beneficiaries may, at their option, effect such Iinsurance and pay the premium thereon, and the money so paid, with interest thereon, sbell become a part of the debt hereby sec after the expense of executing thiured, in the event of sale to be paid next s trust, and shall be otherwise recoverable from the (party of the first part as a debt; but there shall be no obligation upon the Trustees, I .or beneficiaries, to effect such insurance. Failure so to insure, or to maintain said i fire and other calamity insurance, shall operate to cause the principal of the debt here-! iin secured to become due and render enforceable this trust deed, without regard to whether all of said bonds shall have matured according to their tenor or not. The party of the first part covenants that it will I pay a (levies, assessments and charges upon the property herein mentioned and described, taxes,: ribed, which imay accrue and become due and payable during the existence of this trust; and the party. lof the first part further covenants that it will keep the improvements on the property !herein described in a tenantable condition, whether such improvements were on the proper tly ;when the deed of trust was given, or are thereafter placed thereon. If default is made in the payment of an I Y one of said bonds when � I due, or in any renevral, or renewals thereof, when duo, or in the payment of any semi- annual installment of interest thereon when due, or in the payment of any sums due for said insurance premiums, or taxes, or if there is a default in any of the other provisio s, stipulations, terms or conditions of this trust by the party of the first part, then thel said Trustees shall, upon being requested so to do, in writing, by the lawful holder, orl holders, of the bonds herein secured, or any of them, proceed to sell the property herein conveyed as follows: After first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees I may seem necessaryand proper, the said Trustees shall proceed to sell the property here-1 in conveyed and described as Tract No. 2, at public auction, in front of the County Court House, in the City of Winchester, Virginia, upon the terms of one-third cash on the day of sale and the balance of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated the day of sale and payable, respectively, one and two years after date, with interest thereon from date until paid, at the rate of six per cent per annum payable semi-annually, to be secured by a trust deed upon the property conveyed and a ,I policy of insurance upon the buildings thereon, duly endorsed for the protection of the deferred purchase money debt. Out of the proceeds of sale, the Trustees shall pay: First: The cost of executing this trust, including the usual j commission of five per cent upon the gross amount of said sale to the said Trustees, and all legal counsel fees incident and necessary to the enforcement hereof. Second: The debt herein secured, principal and interest, or any part thereof remaining unpaid; and all other sums herein stipulated to be paid. Third: The balance, if any, the said Trustees shall pay to the party of the first part, its successors or assigns. Should the proceeds from the sale of 'Tract No. 2 be insufficient to satisfy the debt herein secured, principal and interest, or any part thereof remaining unpaid, and the other sums herein stipulated to be paid, the party of the first part shall be given the opportunity to tender the amount of such deficiency to the Trustees, in lieu of a sale by them of the property herein described as Tract No. 1. If, however, the party of the first part fails to pay to the Trustees the amount of such deficiency, after first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property herein conveyed and desorib d as Tract No. 1, at public auction, in front of the County Court House, in the City of IWinchester, Virginia, upon the terms of one-third cash on the day of sale and the balanc of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated i!the day of sale and payable, respectively, one and two years after date, with interest _thereon from date until paid, at the rate of six per cent per annum, payable semi-annual y, to be secured by a trust deed upon the property conveyed and a policy of insurance upon the buildings thereon_ dulv endorsed for tha , 4, +-1-._ s Out of the proceeds from the sale of Tract No. 1, the Trurtee: Et shall pay: First: Any balance of the cost of executing this trust in the sale of Tract No. 1, including the usual commission of five per cent upon the gross amoumt of said sale to the said Trustees, and any balance of legal counsel fees incident and necessary to the enforcement hereof. Second: Any balance of the debt herein secured, principal and interest, or other sums herein stipulated to be paid. Third: The balance, if any, the said Trustees shall pay to*the i party of the first part, its successors or assigns. WITNESS the signature of W. H. M. Stover, Incorporated, by Charl s E. Stover, its President, and the seal of said corporation duly affixed and attested by W. H. M. Stover, its Secretary: (SEAL) W. H. M. STOVER, INCORPORATED Attest: By CHARL.E;S E. STOVER W. H. M. STOVER rresident ecru ary State of Maryland City of Baltimore, to -wit: ' I I, Joseph E. Kraft, a Notary Public in and for the State and County aforesaid, hereby certify that Charles E. Stover and W. H. M. Stover, President I and Secretary, respectively, of W. H. M. Stover, Incorporated, whose names are signed j to the foregoing and annexed deed of trust, personally appeared before me and acknowl- edged the same in my State and County aforesaid. i Given under my hand and seal this 7th day of July, 1952. i My Commission as Notary Public expires May 1953. (SEAL) JOSEPH E. KRAFT 11 o ary u is LAND OF W. H. M. S`1'OVER 74.49 Acres On June 4, 1952, I surveyed the tract of land shown on the attached drawing, located on both sides of Road No. 664 about 4-1 miles Bortheast of I I Winchester, Virginia and situate in Stonewall Magisterial District, Frederick County, Virginia. It is bounded as follows: I I Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover; thence with Bailey N 63-1 deg. E 1174 ft. to (2) a point in the center Of Road No. 664 and in line with the South fence line of the. land of Bailey; thence with the center of (toad No. 664 for the following 3 courses: N 161- deg. E 152 ft. to (3); thence N 81 deg. E 224 ft. to (4); thence N 20 dog. W 333 ft to (5) a point in the centel of Road No. 664 and in line with the South fence line of the land of Lockhart; thence with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorffl i S 15 deg. 05 min. E 838 ft. to (7) a black oak tree a corner to Orndorff; thence S 82 I t deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) a post in a fence corner; thence S 63 3/4 deg. W 1116 ft. to (11 a point in the center of Road No. 664 and in line with the South fence line of the land of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell's land on the West side of Road No. 664; thence N 83 deg. W 105 A- to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak trey at an angle in a wire fenc thence N 361 deg. W 1494 ft. to the point of beginning containing 74.49 acres, more or ' less. SAIL Ey 1 H. T- -Ox yHeA Es r• �n To Z W. //. A-f- 5770vER Nzo W1 13 3. t 2.tr N�ti f/ 2ll II III b ZI a /f L. O C I! /-I.1 R T S Q rC S. Richard U. Goode Certified Surveyor MAGNET/CS ISSG J CA L __ / ".. SOO 01 a LAND of 3 COOPER W N. M. S TO ✓ER v h 7f.-X9 Ac/Pcs zw IIS,.kE 13 Na.,1'V /2 /o S' 1II 9 y1 ,1e 1�16 BELL SuAvcYco Ju _ -A, /954 RIC/+n/ea U. Gooac LOcATEo A.cour -f % M/L ES CErr/F/60 $uRVEY.A IVO PTN6,7ST of VV/NCNESTC/t, ON BOTH Sloes Of- RoAo /Vo. 6 6 ¢, /N STaNEWALL. �/S T.f/C T, l FR EOE/tf/CK COU/V TY VA. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed c->- &d=itted to record. was CLERK t TREELINE APPROXIMATE SCALE: 1 " = 200 ..A" I BUILDI "D" TREES OWNERS: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY APPROXIMATE SCALE: 1 " = 500' NOTE: THIS PLAN SHEET HAS BEEN DERIVED FROM AN AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD CHECKED. THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRESENIA11ON ONLY. W I AREA TO BE REZONED TO B-2 10.33 ACRES +/- 'FREED NE} / QO � O BUILDING a �� PARKI BUILDING Z z ••D., i a OWNERS: v TREELINE Po MISSIONARY SERVANTS OF z THE MOST HOLY TRINITY o z tee° APPROXIMATE SCALE: 1" = 500' 00 � BUILDI G "A"' NOTE: / a THIS PLAN SHEET HAS BEEN DERIVED FROM AN p AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD 0 TREES APPROXIMATE SCALE: 1' = 200' I CHECKED. THE BOUNDARY IS APPROXIMATE AND IS N�moe, INCLUDED FOR GRAPHIC REPRESENTATION ONLY. N�t't BA/LEY MA0Aoe&rics /95G eN47 •E Z3L7 SCALC /"= boo • tD V 6 � h • h � � B.q/LEY 4 t — � s L A1,0 Or THE EJT/1 TE OF � y (I. BENNER .� h N.1R7 /BJ. o/ ACRcs e 3 To h W. W . M. STo rE,4 n S53 3 RcAo No. 4, h bK \s/ b /r S VAVBYCrO MAY L A, /9SG R/C.YAAD U. G000-- CZA-rfAISD s U tVQYo,( LocAreo geour 4% M/ccs No,c 5r of W//✓CH,EST ERA //J STONEWALL 01-3r�vc-r, FitEo6,P/GK COuvTY, VA. BAILCY LOCKHART s J rj T. W o tG ••C. 33 j 6 w N,G1iE 3 11' 4 . MAGN£T�CS /95z SCAG N 0RNDoFF I I s e2. �II 0 . ` q � 4 LINO oR CooPLIP 3 � o W N. M. S TO ✓ER v N. J 6LNNEt �sr• 7f.49 AcRBs P 9 ' Z ' To p W. N. N1• 5roV4A O` yki /f PW 1ij6, \ ' il S bs BELL Iva 13 /o S' 1 5 UA VG YLO JONi 4, /95c A/CNARD U. G000E CERr,FiLo Sufic vEYoR L oGArEO Aeour 4 % Ahi - 3 NOR rP/i'A.f r 0 r W/NCNEJTLR, oN BorH S/PRS of RoAo No. 664, /,v S roriE-WAct, Disntic r, FREoER/CIC Coomry, , VA-. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me an the 15th day of July 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. '��r�, C I:ERK COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 'j'NI Cjr1r1CCr\;t�� is November 21, 2001 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #10-01 OF JORDAN SPRINGS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2001, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #10-01 of Jordan Springs, submitted by Triad Engineering, Inc., to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. Additionally, this rezoning will be heard in a public hearing by the Board of Supervisors at their meeting on December 12, 2001. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Eric R. Lawrence Deputy Director ERL/ch 0AAgcnd.&Mjoincr Ltrs\2001Vord=Springs REZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on d from the Department of Planning and Development, Frederick County, Virginia: 55 -7. - I. SWEET, MICHAEL L. 362 WOODS MILL DR STEPHENSON, VA 22656.2029 55 -7• - 14. MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 55 - A- - 133• HART, DOROTHY L. 897 WOODS MILL RD STEPHENSON, VA. 44 - A- - 297- CONNER, HAROLD R & CAROLINE D 1010 WOODS MILL RD STEPHENSON, VA 22656.2036 55 - A- - 135• LEE, RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 44 - A- - 294- 20176-2428 HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON, VA. 22656.0008 22656.2044 44 - A- - 292- CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604.1730 44 - A- • 295- REXRODE, WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON, VA. 22656.2046 44 - A- - 296- GARRISON, MELODEE M CIO MELODEE SHEPHERD 1102 WOODS MILL RD STEPHENSON, VA 22656.2037 55A - 1- - 17. NEWLIN, TINA 906 WOODS MILL RD STEPHENSON, VA 22656.2035 55A - 1- - 18. JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601.4777 Eric awrence, eputy Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREIDERICK i, Lffikn�l , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, dated _l_I • a I • ()l , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this � - day of-0 cwm beG —�)a-) i Ivly commission expires on _Ritnf on on 3 RY PUBLIC 55A - 1- - 21- n, y CARTER, JOHN M & KIMBERLY D 554 GUN CLUB RD STEPHENSON,VA 22656.1802 55A - 1- - 22-A CLARK, HERMAN M III 966 WOODS MILL RD STEPHENSON,VA 22656.2035 45 -4- 1- 1- FORTNEY, CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON,VA. 22656.2020 45 -4- 1. 3- CONLEY, JOHN M. & K. JUNE PO BOX 218 STEPHENSON,VA. 22656.0218 45 -4- 1. 4- KIENE, CHRISTIAN F. & 1373 JORDAN SPRINGS RD STEPHENSON,VA. 22656.2021 45 -5- 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 45 - 9. 3- 2. HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON,VA 22656.0022 45 -9- 3. 3- BARTON, SUE & BEALL, WARREN CHRISTOPHER 170 MONASTERY RIDGE RD STEPHENSON,VA 22656.1922 45 - 9.3- 4- SIMONS, ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON,VA 22656.1923 55 - 7- - 9- SWEET, MICHAEL L & CAROLE T 362 WOODS MILL RD STEPHENSON,VA 22656.2052 45 -9- 3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656-1918 45 -9- 3- 5- `"'tSTEEPROW, JAMES E. & NANCY A. ff13405 GORDON DR MANASSAS, VA. 20112.4740 45 -5- 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656-2014 45 -5- 2- 16- SIGLER, MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON,VA. 22656.2014 TRIAD ENGINEERING Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, VA 22604 �� I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 10, 2001 Triad Engineering Attn: Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, VA 22604 RE: Parcel 44-A-294 Owned by Holy Trinity Mission Seminary Dear Mr. Gyurisin: The purpose of this letter is to. provide you with documentation regarding the use of the referenced parcel. Currently, this 74.49-acre parcel is owned by the Holy Trinity Mission Seminary. The seminary has personnel on -site for the purpose of maintaining the structures, facilities, and grounds associated with Parcel 44-A-294. Our department agrees that the use of the property as a seminary and most recently as an outreach for Shalom et Benedictus would-be considered legally nonconforming. The ability exists for the Holy Trinity Mission Seminary to utilize this parcel as a seminary since a component of this use is still on -site. However, should Shalom et Benedictus or a similar treatment center desire to locate on this parcel, the property owner would be required to obtain a Conditional Use Permit (CUP) from Frederick County. Section 165-139 of the Frederick County Zoning Ordinance requires the issuance of a CUP to reestablish a legally nonconforming use that was discontinued. The CUP may only be granted for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional or other requirements. Recently, you inquired about the use of this parcel by County Court Reporters, Inc., for their business operations. This inquiry was followed by the August 9, 2001 submittal of information regarding the specifics of this business operation including a floor layout plan. Upon review of this information, our department would consider County Court Reporters, Inc., as a land use of lesser nonconformity than the Shalom et Benedictus treatment acility and would, therefore, allow this land use on this parcel through the issuance of a CUP by Frederick Uounty. 107 North Kent Street • Winchester, Virginia 22601-5000 Parcel 44-A-294 Letter Page -2- August 10, 2001 Please maintain this letter as evidence of our department's determination regarding the ability of County Court Reporters, Inc., to utilize this parcel through the issuance of a CUP by Frederick County. The application for a CUP is available in our department. Please contact me if you would like to proceed with the filing of this application and I will provide assistance regarding this matter. Sincerely, Evan A. Wyatt, AIC Planning Director cc: Charles W. Orndoff, Sr., Stonewall District Supervisor John R. Riley, Jr., County Administrator Kris C. Tierney, Assistant County Administrator U;tEYm\Common\Cor mT-dcncc\HolyTriniryMissionS=inwyParccl44-A•294PamittedLandUseLettcrs.wpd .7`T ?<<� IAUD TRIAD ENGINEERING, INC. GEOTECHNICAL, ENVIRONMENTAL, CIVIL, SURVEYING, LAND PLANNING, LANDSCAPE ARCHITECTURE & CONSTRUCTION CONSULTANTS P.O. Box 2397 Winchester, Virginia 22604 (540) 667-9300 - Phone (540) 667-2260 - Fax office a triad-winc.com - Email TRANSMITTAL SHEET TO: Mr. Evan Wyatt / Mr. Eric Lawrence Frederick Countv Planning Department FROM: Steve Gyurisin REFERENCE: Jordan Springs DATE: October 12, 2001 MESSAGE: Please find enclosed a copy of the rezoning application. Any questions, just call. Th, DECEIVED OCT 12 2001 `CPT, OF PLANNINGIDEVELOPMENT ST. ALBANS * MORGANTOWN, WEST VIRGINIA WINCHESTER * I-LARRISONBURG,* PURCELLVILLE, VIRGINIA GREE-NSBURG, PENNSYLVANIA I-iAGERSTOWN, MARYLAND 67-9300 Rezoning Fees: $550.00 plus $35.00 per acre, plus $50.00 sign fee Fees: $ 550.00 Base Fee $ 361.55 (10.33 acres x $35.00=$361.55) $ 50.00 Sign Fee $ 961.00 Total Rezoning Fee COUNTY of I+REDE='RICX Department of Planning and Development 540/665-3651 FAX: 540/665-6395 December 13, 2001 Triad Engineering, Inc. Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, Virginia 22604 RE: REZONING APPLICATION #10-01 OF JORDAN SPRINGS; P.I.N. 44-A-294 Dear Steve: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 12, 2001. The Board approved your application to rezone 10.33 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) overlay zone. This property is located at 1160 Jordan Springs Road, and is identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. The attached plat identifies the 10.33 acres addressed by the rezoning. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please !do not hesitate to contact this office if you have any questions regarding this rezoning application. Silrely, Eric RI awrence, AICP Deputy Director ERL/bah cc: Missionary Servants of the Most Holy Trinity County Court Reporters, Inc. Lynda J. Tyler, Stonewall District Supervisor Jane Anderson, Real Estate Steve Melnikoff, VDOT Marcus Lemasters, GIS Division O.\Agendas\Approval Ilrs\RPl's\Jordan Springs.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. 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 910-01 for the rezoning of 10.33 (+/-) acres from Rural Area (RA.) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 SiLrnaee 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. 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: Pr,rperty Identification Iv :sDei?• t �►31 't 1!3trict PYv- , of Pre l,iminarr-Y14 jC 1 Pursuant w , ,-non 15.2-27'J5 gee - o' :be code of virg:niz. 1p50, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, s, , •,jffers that in the event the Board of Supervisors of the under::,,::_.: r-._— ---- j.•C'- Cjr th3 :tzoning of Frederick Ca,Mty- V imitua, tcJiali d},y,a�e Rrzoning J►pp:ica:,�.. n 10.33 (+!••; 3^--: !iv-"!q fro!iv-"!Ar&AA �R , Lx)mna District :o riu6i►1eas vcucrdi ("�l-2; Zoning *": r '�.-� A overlay "Lone. Development of the SUbJCct propu tY shall Uiytrict a _,.:..' , -i; . a (H ) Y be done in conformity with the terms and conditions set forth harem, excCpt to the extent that such •erms and conditions may be subsequently arnenu or revised by the in accordance cant and such pl.*rvra by the Frederick County Board of :. ti env Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffer that if the Bori a 1:1 : •.trcn•,r.u. g f,3r the C.- nri rf F . --irk ^pprovcs the rezoning for � J r the 10.33 , ') i -res the w ,',- rs'.w . 1 T nsoor:::tio:t andal'.; �� 515 �: ±V='- olalning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide nece-isary rWit: 4t v`av aLj le. Qvut.6: VDOT- Eiwauccs stall be, iica ;d w iv. o -.ts-r_ccs onto, T' ':: A4 All entrances sliall be constructed in accordance with VDOT standards and Frederick County standards. M 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 DEC-07-2001 13:-19 TEI WIHC P.03 0 4 REZONING REQUEST PROFFER AA /i AV% IDA :��L' U jr. t 'Limit `Lc allowed business sign to one sign. The sign shall be of monurnent-tym a aad ffinitedto Uft-y (50) square fret :a F"CC!" a --,'! c ard - Pw'n%le sc,cjje.tv-". e fbncingalong the parameter 13r-he pond fist qexvices the 10.33 (+/-) acres. Th-- c-md:-Nans PT--Bewed above- shq11 be bir%firisr upon the heirs, executm-S, a=''ni8U-xCjfS, intermit of the p.pp!._jcant and owner. in L,' event aw Frederick rezoning of Supervisors grant said re g and 3CCOPts these conditions; the X on to other requirements set P—...d--Tirlr Cniaaty '_. ':C PROPERTY OWNER Mi-II6011M S-ex-valits 0i d.0 hlait Holy s -izfieity EVAM STATE OF MARYLAND, Ar LAR(�E MON7GOR-ERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this 11th dayGf December, 2001. Mv '7nrnrTjjssjon eXplics: jjj]W 1, 9nng; Notary Public. - Revised 12/05=01 per Frederick County S and Planning TOTAL P-03 9 0 CURRENT OWNER, MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF, TAX MAP 44 -A PRCL 294 CURRENT ZONING, RA REQUESTED REZONING, B - 2 REZONING AREAr /0.33 ACRES •50 N45.00'00'E 140.00, N17'30'00'W .1 250.00' 00\ i ,\ S23'00'00'W 297.00' y� BOUNDARY INFORMATION SHOWN HEREON IS 00 `\ COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD �/9'• RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. oa: 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 DURING THIS SURVEY. 0 6 �0 - N63•� •� S14.20'23"W 173.02' N81'32'18"E 353.27' 0�"' S89'18'03'E 900.00, I S00'41'�,9"W 3.'/ 32.74 s 138.086, v o v O O O oU) 8.97 om j N 106.94' N t' S89' 18' 0'3'E 900.00' c� ,•j/ u 79'56'54"E 351.88' 9 N86.33'40"E 6 445.08' III i' QO o S02.45'09"E o r� 235.00 1r„ N83'00'0 w 105.0011 -S23'30'09'E 393.93 N84'30'00"W 511.09, �I O �• olo S47'00'00'W 179.00' 0 REZONING APPLICATION #10-01 JORDAN SPRINGS (County Court Reporters, Inc.) Staff Report for the Board of Supervisors Public Hearing Prepared: December 6, 2001 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. Reviewed Action Planning Commission: 12/05/01 Recommended Approval Board of Supervisors: 12/12/01 Pending PROPOSAL: To rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay District. LOCATION: The property is located at 1160 Jordan Springs Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-294 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: County Court Reporters, Inc. (CUP # 17-01) ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Agricultural South: Zoned RA (Rural Areas) District Use: Agricultural / Residential East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Use: Residential Use: Agricultural / Residential • 0 Jordan Springs, REZ # 10-01 Page 2 December 6, 2001 PROPOSED USE: County Court Reporters, Inc. (Office) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. See attached letter from Mr. Steve Melnikoff dated 9111101 with sketch. Fire Marshal: Areas not delineated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Plan approval is recommended. Public Works: See letter from Harvey E. Straivsnyder, Jr. P.E., dated 11107101. Clearbrook Fire Co.: Would like to see the installation of a dry hydrant placed at the pond as close to the road access from the maintenance building. Keep all lanes clear to the hydrant. Frederick County Sanitation Authority: Revised impact analysis statement; no comment. Frederick -Winchester Health Department: The Health Department has no objections as long as the new owner gets the DEQ Permit in their name. The permit from DEQ is valid and in the current owner's name. DEQ's number is (540)-574-7800. Historic Resources Advisory Board: Please see letter dated 10119/01 from Rebecca Ragsdale, Planner L Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Jordan Springs, REZ #10-01 Page 3 December 6, 2001 Winchester Regional Airport: The Winchester Regional Airport Authority has no objections to this rezoning request. County Attorney: When "per VDOT" is added, proffers appear to be in proper form. Planning & ZoninLY: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the parcel which comprises 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. In more recent years, the property has been used by Shalom et Benedictus as a drug and alcohol rehabilitation center. On November 14, 2001, the Board of Supervisors granted a Conditional Use Permit enabling the County Court Reporters to utilize the property for their offices. This rezoning application is being sought as a means to further solidify the office use, while also making an effort to preserve the historic characteristics of the property. The rezoning would only apply to a 10.33-acre portion of the larger parent tract. 2) Location The parcel which comprises the proposed rezoning is located on the west side of Jordan Springs Road (Route 664), near Hiatt Run. 3) Comprehensive Policy Plan The parcels are outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcel is included within the Northeast Land Use Plan study area boundary. Land within this portion of the study area is intended to complement the rural character of the County. The Northeast Land Use Plan identifies Sulfur Spring Spa (34-110) as a property of historic significance and recommends Historic Resources Advisory Board (HRAB) review of all development proposals for historic resources and developmentally -sensitive areas. The Comprehensive Policy Plan addresses historic preservation with a goal to protect the historic resources in the county. A historic preservation strategy addresses the promotion of historic districts and the designation of significant resources in the County. The subject site has road frontage on Jordan Springs Road (Route 664). Jordan Springs Road is classified as a Minor Collector Road. Jordan Springs, REZ #10-01 Page 4 December 6, 2001 4) Site Suitability The site is very well suited for limited use of the existing structures with restoration and preservation measures. The existing structures have been used for more intensive uses than the proposed office -type uses. The parcel which comprises the proposed rezoning contains areas of steep slopes, woodlands, and flood plain as identified in the Frederick County Zoning Ordinance. The existing structures are located outside of Zone A, the 100-year flood plain. No development is proposed that would impact the existing flood plain of Hiatt Run, nor the steep slopes and woodland areas. 5) Potential Impacts a) Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement projects that the proposed use would generate 91 vehicle trips per day (VPD). This is based on the anticipated 25 employees. Review Agency Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's traffic analysis. The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Planning Staff Comment Jordan Springs Road has a daily traffic volume of 1,500, based on the 2000 Virginia Department of Transportation vehicle counts. The projected 91 VPD that would be generated by the proposed rezoning does not significantly impact the roadway. It should also be noted that the previous uses on the properly have generated traffic that is reflected in the previous vehicle -per - day traffic counts. b) Sewage Conveyance and Treatment Impact Analysis Statement The properly will continue to be served by an on -site sewage disposal system that is under the permitting review of the Department of Environmental Quality (DEQ); permit VA0029653. The proposed use of County Court Reporters is within the limits of the permit. Jordan Springs, REZ # 10-01 Page 5 December 6, 2001 Review Agency Comment The property has a valid permit to discharge into Lick Run. The permit is valid until June 30, 2002. Prior to the expiration dated, the applicant will be required by DEQ to change the permit holder's name to the new user's, and gain a permit renewal for another five-year period. Planning Staff Comment The property is located outside of the Sewer and Water Service Area (SWSA); therefore, public water and sewer are not available. The property utilizes a lagoon on -site treatment facility that is permitted by the Department of Environment Quality. It is appropriate for the property to be served by the DEQ permit, as neither public facilities are available nor could the property be served by a traditional drainfield due to the scale of the property's use. It would be appropriate for the applicant to consider providing evergreen landscape screening to lessen the visual impact of the effluent holding and discharge area on adjoining properties. c) Historic Resources: hrt-pact Analysis Statement The applicant has expressed interest in preserving the integrity of the site and, therefore, requests that the HA (Historic Area) Overlay District be placed on the property. The applicant has provided information which indicates that the subject site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County Rural Landmarks Survey. The Register Evaluation Ratings Sheet, utilized during the review for National Register qualifications, indicates that the site dates back to the 1890's when the property was used as a resort. Review Agency Comment The Frederick County Historic Resources Advisory Board (HRAB) comment, dated 10/19/01, supports the applicant's request for the HA (Historic Area) Overlay. The HRAB felt that the applicant was making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the HA (Historic Area) Overlay. The HRAB felt that the proffered use restrictions for the B2 Zoning District were appropriate, restricting uses on the property to those commonly associated with office environments. Planning Staff Cornment The subject site is located within the study area for the Second Battle of Winchester. The site also contains two structures that have varying degrees of historical significance and are eligible for local, state, and federal register recognition. 0 • Jordan Springs, REZ #10-01 Page 6 December 6, 2001 The applicant has requested a rezoning to include the HA (Historic Area) Overlay District. This HA district was established and incorporated into the Frederick County Zoning Ordinance when the Board of Supervisors adopted the new district in 1991. The HA Overlay has not been placed on any properties within Frederick County; this would be the first. Once the HA Overlay is established on a property, modifications to the exterior of structures, as well as site improvements, are reviewed by the Historic Resources Advisory Board (HRAB). Based on the historical significance of the site, the site does qualify for inclusion in the HA (Historic Area) Overlay. d) Impact on Adjoining Properties The subject site is located in a rural area of the county, an area characterized by agricultural and large lot residential properties. The subject site (10.33 acres) is only a portion of the larger parent tract. While the parent tract will surround the proposed B-2/HA site, there are residential properties in close proximity. The existing health system utilized by the subject site is located on the north side of Jordan Springs Road, adjacent to residential uses. The aboveground, open- air storage facility could impact the air quality and viewshed of adjoining properties. Efforts should be undertaken to minimize impacts the health facility would have on the adjoining residences. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • The preparation of detailed traffic studies during the site plan stages; to provide the necessary right-of-way along Jordan Springs Road; Limit the allowed uses on the site to Health Services, Legal Services, Professional Services, General Business Offices, Public Buildings, and Residential uses associated with allowed businesses. STAFF CONCLUSIONS FOR 12/05/01 PLANNING COMMISSION MEETING: The 10.33-acre site proposed for rezoning is located outside the county's Urban Development Area (UDA) and its Sewer and Water Service Area (SWSA), and is within the Second Battle of Winchester study area. The site contains historic structures and is eligible for historic recognition at the local, state, and federal levels. The proposal to rezone the site from RA(Rural Areas) District to B2 (Business General) with an HA (Historic Area) Overlay is consistent with the historic preservation policies described in the Comprehensive Policy Plan and the statement of intent in the Frederick County Zoning Ordinance. The • Jordan Springs, REZ #10-01 Page 7 December 6, 2001 site's history of commercial uses, and the present office use, are appropriate uses for the B2 District. The applicant could more appropriately respond to the review agency comments and staff concerns by addressing the following issues: • Establish a limit on the number of, location of, and height of signs to be placed on the property. • Improve the existing site entrance to satisfy state entrance standards. • Establish a limit on the number of entrances permitted onto Jordan Springs Road (Route 664). • Establish methods to mitigate the visual and safety concerns with the lagoon, including plantings and fence enclosure. Staff believes that the applicant should address the issues identified by the review agencies, in addition to any concerns raised by the Planning Commission when forwarding a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 12/05/01 Commission members voiced the same concerns raised by the staff. After discussing these issues with the applicant's representative, the applicant's representative volunteered to modify the proffer statement to establish a limit on the number, location, and height of signs to be placed on the property; to limit the number of entrances to two and to have those entrances meet VDOT entrance standards; and to address the lagoon safety issue by providing fencing, if it is agreeable by DEQ. The applicant's representative believed he could provide the revised proffer, with the owner's signature and the County Attorney's review, prior to the Board of Supervisors' public hearing scheduled for December 12, 2001. There were no public comments. The Commission unanimously recommended approval of the rezoning with the understanding that the applicant will satisfactorily address the issues as discussed by their revised proffer. RA RA 45 9 3 1 RA HWL RA 14 ` 45 93 2 I-OFFIMN 1` RA CRIGER & SHOCKEY INC OF WVF � � ! R-RTON RA SIM7NS 44 A 292 / 4$ 9 S 3 45 9 3 4 RQ RA _ HOLY TRINITY MSSICN SEMIU1JRY 33 CRIDR & SHCCKEY INC OF WVA 44 A 294 N A 293 RA / RA -4 CAP -SON Area to be 45 52 17 Rezoned B2 10 Acres CL HOLY TRINITY MSSION SEMr4ARY .c1 Ice SIGLEF2 44 A 294 P �1 45 52 16 RA pi RP RP RP ` 3 � 4 NP Ppip,rrf1ER R � 55 7 14 44 P RA 44 RP SNEET 55 7 9 S MEET RA 55 7 RA 1 44 A 297 RA RP RP RA COPWER 660 PA 9 RA RP Fr SWEET RA 55 7 1 9 RA RA PP RAtEE l �.?.t RA RA RA RP �'r, .�q Pq RA RA RA q y 1 `9 RA RP Rr rA.�`� 9•Ty9 , B �9A q Rig RA RA RA tr 9 >6, RA RP RA RA P PP REZ #10 - Ol Location Map For: Jordans Springs (County Court Reporters, Inc.) PIN: 44-A-294 C) Dept. of Planning and Development, l 1/01, Agray I REZONING APPLICATION FORM FREDERICI{ COUNTY, VIRGINIA To be completed by Planning Staff. S5 Fee Paid....... ,�96 /, r Zoning Amendment Number Q" Date Received lI - $-01 PC Hearing Date /Z' S" O l BOS Hearing Date 0 /- () 9 -0 2_ The following infoi-matlon Shall be p/•ovicled by the applicant. - All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: TRIAD Engineering, Inc. Telephone: 667-9300 Address: Stephen M. Gyurisin 200 Avaition Drive POBox2397 Winchester, VA 22604 2. Property Owner (if different than above) Name: Missionary Servants of the Most Holy Trinity Telephone: 1-301-439-0333 Address: 9001 New Hampshire Ave. Silver Spring, MD 20903 3. Contact person if other than above Name: Stephen M. G uy risill Telephone: 667-9300 Fax: 667-2260 E-mail: stcyegpirlad-winc.Com 4. Checklist: Chcck the following items that have becll i lClUded with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statcnlcnt X Verification of taxes paid X Proffer Statcnlcnt X 0 LI S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Missionary Servants of the Most Holy Trinity County Court Reporters, Inc. 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE Jordan Springs — Shalom et BenedlCtuS B-2 & Historic District Overlay ZONING Adjoining Properties are zoned Rural Area (RA) and are large lot residential or vacant land uses. See complete list of adjoining property owners and address attached as part Of this rezonln� application. 8.- Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, IISInfg road Maples and route Illllllbers). The property is located at 1 160 Jordan Springs Road (Va. Sec. Route 664) approximately 4 5 miles northeast of the City of Winchester VA. See attached location slap. • • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. S. Parcel Identification/Location: Parcel Identification fl: 44-((A))-294 Magisterial: Stonewall Fire Service: Stonewall Rescue Service: Stonewali CLEA►!3RaoK Districts High School: .Tames Wood Middle School: James Wood Elementary School: Stonewall 9. "Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 10 RA B2 with Historic District Overlay I -IA 10 Total acreage to be rezoned 10. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed - 0 Single Family home Townhonles Non -Residential Lots Mobile Home Office Retail Restaurant Sauare Footage of Pi-wosed Uses Multi -Family Hotel Rooms Facilities are existing see attached description of areas. Service Station Manufacturing Warehouse Other N OCT-10-2001 10:24 TEI WIHC P.05 11. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning; ordinance and to change the zoning map of Frederick County, Virginia. 1()vc) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must he placed at the front property line at least stven days prior to the planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. 1 (we) hereby certify that this application and its accompanying; materiuls are true and accurate to the best of my (our) knowledge. Applicants) pate /D O`� h' Stephen M. Gyurisin — Triad F irtebate 10/08/200. Owner(s) Missionary Servants of thee Most Holy Tiinity ,- Address: 9001 New Hampshire Avenue, Silver Spring, MD 20903 Telephone: 301-439-0333 0 0 County Court Reporters, Inc. and Court Reporting Consultants plan to purchase the Jordan Springs property and move their corporate office to the property. Approximately seventeen (17) office employees are associated with this move. Employee growth at this location is not anticipated because of the high level of technology associated with these businesses. Following the relocation, a long-term preservation program for the Jordan Springs property is anticipated. The buildings and grounds surrounding the core complex are planned to remain unchanged except for required repairs and maintenance. Amble parking and access exist for the planned office use. The core complex of Jordan Springs consists of four major buildings: - BUILDING "A":The "hotel or main building" which consists of approximately 29,150 square feet. - BUILDING "B":The "administration building" which consists of approximately 2876 square feet. - BUILDING "C":The "shop building" which consists of approximately 4840 square feet. - BUILDING "D":The "original house" which consists of approximately 1750 square feet. The approximate total square footage of Jordan Springs consists of 38, 615 square feet subdivided as follows: - Living Areas 9500 square feet, approximate. - Storage / Utility Areas 7100 square feet, approximate. - Office / Meeting Areas 7200 square feet, approximate. - Shop Areas 2900 square feet, approximate. - Kitchen / Dining Areas 2750 square feet, approximate. - Misc. Attic/Crawl Areas 9165 square feet, approximate. Jordan Springs has been in continuous use as a resort, hotel, seminary and drug and alcohol rehabilitation center for over 100 years. More recently, the complex has been used by the Missionary Servants of the Most holy Trinity as a seminary, and by Shalom Et Benedictus, Inc. for alcohol and drug rehabilitation purposes. The transformation from the seminary to the rehabilitation facility occurred gradually in the late 1960's with Shalom Et Benedictus, Inc. emerging as the primary user in 1971 - 72. Shalom Et Benedictus, Inc. operated at Jordan Springs with between 30 to 50 residents and employees until late 1999. Jordan Springs has been maintained since, as a drug and alcohol rehabilitation facility by the owners. This use has not been discontinued. The owners have kept staff on board at Jordan Springs to maintain the property in its current use and condition in hopes of having another operator such as Shalom Et Benedictus, Inc. provide similar services. Currently two staff members are employed in such a capacity. r jb JORDAN SPRINGS ADJOINING OWNERS PHYSICAL ID. NO. OWNER MAILING ADDRESS ADDRESS ZONING USE 362 WOODS MILL DRIVE 55-7-1 MICHAEL L. SWEET STEPHENSON, VA 22656 SAME RA RURAL WILLIAM G. III & 207 PLAZA ST. NE LICK RUN CROSSING 55-7-14 BARBARA E. MEIER LEESBURG, VA 20176 STEPHENSON, VA RA RURAL 897 WOODS MILL ROAD 55-A-133 DOROTHY L. HART STEPHENSON, VA 22656 SAME RA RURAL 44-A-292 & CRIDER & SHOCKEY, POST OFFICE BOX 2530 A-293 INC. WINCHESTER, VA 22604 RA RURAL WILLIAM M. & 1099 WOODS MILL ROAD 44-A-295 SHARON M. REXRODE STEPHENSON, VA 22656 SAME RA RURAL C/O MELODEE 1102 WOODS MILL ROAD 44-A-296 SHEPHERD STEPHENSON, VA 22656 SAME RA RURAL 44-A-297 & HAROLD R. & 1010 WOODS MILL ROAD 55-A-134 CAROLINE D. CONNER STEPHENSON, VA 22656 SAME RA RURAL RONALD A. & 1947 MARTINSBURG PIKE WOODS MILL ROAD 55-A-135 MARY C. LEE WINCHESTER, VA 22603 STEPHENSON, VA RA RURAL 906 WOODS MILL ROAD 55A-1-17 TINA NEWLIN STEPHENSON, VA 22656 SAME RA RURAL 55A-1-18, 19, JRW PROPERTIES & 13 S. LOUDOUN ST. WOODS MILL ROAD 20 RENTALS, INC. WINCHESTER, VA 22601 STEPHENSON, VA RA RURAL JOHN M. & 554 GUN CLUB ROAD WOODS MILL ROAD 55A-1-21 KIMBERLY D. CARTER STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 966 WOODS MILL ROAD 55A-1-22A HERMAN M. CLARK III STEPHENSON, VA 22656 SAME RA RURAL 45-4((1))-1 & CLARK D. & 1281 JORDAN SPRINGS RD. 2 BARBARA K. FORTNEY STEPHENSON, VA 22656 SAME RA RURAL JOHN M. & POST OFFICE BOX 218 JORDAN SPRINGS RD. 45-4((1))-3 K. JUNE CONLEY STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 1373 JORDAN SPRINGS RD. 45-4((1))-4 CHRISTIAN F. KIENE STEPHENSON, VA 22656 SAME RA RURAL 154 HUMMINGBIRD LANE 45-4((A))-17 RENE R. CARLSON STEPHENSON, VA 22656 SAME RA RURAL WILLIAM H. III & 1081 JORDAN SPRINGS RD. 45-9((3))-1 REBECCA HALL STEPHENSON, VA 22656 SAME RA RURAL WILLIAM D. & POST OFFICE BOX 22 JORDAN SPRINGS RD. 45-9((3))-2 PATSY L. HOFFMAN STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL DAVID E. & 170 MONASTERY RIDGE RD. 45-9((3))-3 NANCY M. RITTER STEPHENSON, VA 22656 SAME RA RURAL JAMES C. JR & 220 MONASTERY RIDGE RD. 45-9((3))-4 SANDRA DUNIVAN I STEPHENSON, VA 22656 SAME RA RURAL 0 0 AMENDMENT Action: PLANNING COMMISSION: December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10-01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WIIEREAS, Rezoning # 10-01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #28-01 This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Richard C. Shickle, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. -Aye-- Sidney A. Reyes Aye Margaret B. Douglas Aye Robert M. Sager PDRes. i123-01 0 \Agcndas\COMMENTS\REZONING\RESOLUTNUordan Springs wpd -Lye_ Aye Aye A COPY ATTEST owt'4 John R. ley, Jr. Frederick County Administrator n 0 REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. 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 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses 0 �I REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 Si na e 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. 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: F� • • - PROFFER Pr-rperty Identification 1 � Strict Pr?• ! 0s P reliminat�`.1�1Sp1� Purstraat to ;(-non 15.2-27ri5 o! 'be code of virb:nic. 1950, as amended, and the provisions of the Frederick County Zc,nirtg Ordinance with respect to conditional zoning, ��� •offers that in the event the Board of Supervisors of the under:,:::.: — --.__, 1,� C' fir th3:-Monin of Frederick C.o�rn!y- Virai�ua, Mall aNy,o�e Rezoning f,pp:ic3:�c.: n 10.33 (+/••; �: -Q from u��+�. ^s*R (RA.. Lomng Dismc► to 6usiil�s Qe;,�cnl ("S-2; Zoning r,: •• a -r A Overla "Lone. Development of the sueicct prop 'y shall be done in conformity with the terms and conditions set forth herein, except to the extent that such •erms aw conditions may be subsequently amen..ei: or rev u prdanceltcant with and such "pl n-vca by the Frederick County Board of Wvry isors in Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed w4h%.6awr, :,A have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Borg ' rf : •r; c^,;�c.*3 for the C: cnrf of F'=••i'"ir- �'"g�nia ppmvcs the rezoning for r 1 ;res the w -' rs the 10.33 , , � Tnsooe;;:da 7 C'udL.:: ��'•-1�� ��•�Qt jr :X,- and stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right -itwar aio: x `Ju�ti% ::4; :ur 1JaL :a:F r�;v_::t:.:t� i.�. VDOT. Eatuau; c� s6alI b� ;intit: ci w iv. u �:.) :; :tt.:s-rc:�1 ci:t,. r ocs onw All enm-:ces shall be constructed in accordance with VDOT standards and Frederick County standards. Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, ruanagetnent and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses DEC-07-2001 T-::- I t , C 0 E P. 0:3 �1 REZONING REQUEST PROFFER -Limitt `,Lc allowed business sign to one sign- The sign shall be of monument-tyDe ooastruaian and limited La Lift-y k730) square fzet :ii go -Awn P SewaraSy p! 0V L%Ie' h,.cj ir;.ty-t.re fenCing alOng, 7 the parameter ) ;.he IaLou-,. pond tent ttexvices the 10.33 (+/-) acres. Th-, cnr&ttans pT--ffered e1nve- shall be binding upon the heirs, executm*s, adminisUzom ipinterf..st of the &.pp!iG'ant alld Owner. in the ev=i the Fiederick of Supervisors grant said rezoning and accepts these conditions; the -L. -L ;-tion to other requirements set rf.-frr-q-1 �-&.Mdjtivrs sh.111 Al Y,,. ii F—de-Tick Cpimty PROPERTY OWNER , �:inz I r S-ti-I'Muts ei d.0 fa Holy S is at, ire) (PrLnt STATE OF M. kRYLAND, Ar LAR(�E MC)N'TWM-ERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this 11th dayGf December, 2001. Notary public - Revised 12/05/2001 per Frederick Comty S and Planning "-MMS =.a C-011111=4$1 TOTAL P-03 I ARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH of VI RGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG. VA 22824 September 11, 2001 Mr. Evan Wyatt, Planning Director County of Frederick Department of Planning 107 North Kent Street Winchester, VA 22601-5000 Ref: Conditional Use Permit Comment Jordan Springs Route 664, Frederick County 10 Dear Mr. Wyatt: J ERRY A. COPP RESIDENT ENGINEER TELE (540) 984-56M FAX (540) 984-5607 The attached sketch depicts a commercial entrance of appropriate design for the Jordan Springs request. The minimum entrance required for this application will require an entrance 30' wide at the back of the radii with 25' radii to the edge of pavement and paved with 2" of asphalt. No curb and gutter will be required. A land use permit wil I be required accompanied by an engineered drawing. I trust this information will be helpful. Steven A. Melnikoff Transportation Engineer SAM/rf HECEIVE Q- Attachment xc: Mr. Dave Heironimus S E P 1 2 2001 Mr. Steve Gyurisin ' °T OF PtAINNINGIDEVEIOPMEW WE KEEP VIRGINIA MOVING Cv/Uer7' & o'i r-'= C 7-'i o .-1 !/�,Q or egclivC2 /e.7'rL - �TDr1� CJLJI++N �--`- S5 , - - i-i 10 P.L A A/ V 1,E W CaC,4 RTE. Pa0em en1 Desk, i� HALF ?"Y.�/CA SE C7-101V @ ,E /1/TRA N C E COUNTY of FREDERICK I Department of Public Works November 7, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. 200 Aviation Drive P.O. Box 2397 Winchester, Virginia 22604 RE: Jordan Springs Rezoning Frederick County, Virginia Dear Mr. Gyurisin: 540/665-5643 FAX: 540/678-0682 We have completed our review of your request to rezone approximately 10 (ten) acres located at 1160 Jordan Springs Road from RA to B-2/HA. Based on this review, we offer the following comments: 1) The impact analysis indicates that the sewage treatment is covered by the Department of Environmental Quality permit VA0029653. Provide a copy of this permit including a location plan delineating the on -site lagoon. 2) Clarify the comment under water supply. We understand that the water supply is derived from a well source. Indicate the well location on the site plan identified as drawing number 1. 3) Indicate the actual location of the spring for which the property is named. This location should be reflected on drawing number 1. Our approval of the proposed rezoning will be contingent upon receipt of the above information and revisions. Sincerely, HaMeytrawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Zonings./ 107 North Kent Street • Winchester, Virginia 22601-5000 COPY FOR YOUR r � INFORMATION COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 19, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 REi : Jordan Springs Rezoning - 1160 Jordan Springs Road Dear Mr. Gyurisin: The Frederick County Historic Resources Advisory Board (I-IRAB) considered the referenced proposal during their meeting of October 16, 2001. The I-IRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Department of Historic Resources' files, and the applicant's proffer statement. Historic Resources Advisory Board Comment The ten -acre parcel proposed for rezoning from the RA (Rural Areas) District to the B2 (Business General) District, with the HA (Historic Area) Overlay Zone, is located within the study area for the Second Battle of Winchester. Located on the subject parcel are four structures, two of which are historically significant. The two historic properties include a main spa/hotel building and a cottage. The main hotel building has been determined eligible for the State and National Register. This main hotel building is proposed for utilization by the County Court Reporters, Inc. as their corporate offices. The HRAB considered details of the County Court Reporter's business, their plans for the property, and its history. Discussion included the I-IRAB's role in future external changes to the property if the HA Overlay Zone is approved. The applicant expressed their desire to be sensitive to the property's history and explained why they were seeking the HA Overlay Zone. There were no adverse comments by the HRAB and, after consideration, approval of this rezoning application was recommended. The HRAB is in support of the submitted proffers and finds limiting the uses of the B2 Zoning District appropriate, as proffered. Permitted uses would be limited to the following: health services; legal services; engineering, accounting, research, management and related services; general business offices; public buildings; and residential uses accessory to allowed business uses. Members felt that the applicants were making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the HA Overlay Zone. The I-IRAB looks forward to reviewing any future proposals from the applicant. ' Please do not hesitate to contact me if you have any questions regarding the formal comment fi•om the Iistoric Resources Advisory Board. Sincerel410G� l Rebecca Ragsdale Planner I RAR/ch cc: Missionary Servants of the Most Holy Trinity 107 North Kent Street • Winchester, Virginia 22601-5000 Dec 14 01 03:27a g.w. clifford & assoc. 8 540-665-0493 0 P.1 VIRGINIA DEPARTMENT OF HEALTH Page 122 of SEWAGE COLLECTION AND TREATMENT REGULATIONS Where it is not possible to provide Potable water from a ublic water su �_ ppIV, a Separate we) maybe Provided. Location and construction of the well shall comply with requirements of the Department. 2. All sewage treatment works shall be provided with or have ready access to a toilet and lavat Fora treatment works at which the o erator Is re uired to bo on d'RY for eight or more hours per day, a show r shall also be provided. IMinimum laboratory s ace for treatment works not performing BOD and suspended solids testing on -site shall be 50 square feet of floors ace with 20 square feet of bench area. Treatment works providing on -site BOD, suspended solids, or fecal coliform analysis shall Provide a minimum of 400 square feet of floors ace and 150 s uare feet of bench space. If more than two persons will be working in the Iaboratory at any qiveg tune, 100 square feet of additional s ace should be Provided for each additional person. Advanced sewage treatment works shall provide a minimum of 100 additional s uare feet of floors ace with a proportionate increase in bench space. On -site laboratories shall be isolated from treatment works a ui ment vehicular traffic, etc_, so as to render the laboratory reasonably free from the adverse effects of noise, heat, vibration, and dust in accordance with VOSH requirements. 4. Safety provisions should protect operators and visitors at treatment works from exposure to hazards in accordance with VOSH requirements. The designer should refer to the applicable occupational safety and health standards of the Virginia Department of Labor and Indust for the appropriate requirements. The following shall be required as a minimum, as applicable: a. Enclosing the treatment works site with a fence designed to discourage the entrance of unauthorized persons and animals. b. Providing adequate lighting, installing handrails, and establishing access guards, where necessary, and postin "No Smoking' sj ns iil hazardous locations. L. Providing first aid supplies and safety equipment including protective clothing and equipment such as gas masks, -goggles and gloves, d. Providing explosion proof electrical equipment, non -sparking tools, etcin wor areas where Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pex•tinent information. Applicant's Name: IJ i A D E-tq/r, ,l rc n-, Jt.— Telephone: Mailing Address: Location of property: L a-b nm S P p--, -) it e II G C-) JC) L )eO �:Pr-I3"1- P--mN- Current zoning: /\ Zoning requested: ie-Lk4 Acreage: /0 County Attorney's Comments: Ir Assistant County Attorney's j Signature & Date: i HE Rezoning Comments Jordan SDrintys Virginia Department of Transportation Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. R3o-D Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-29Ei9 Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Virginia Department of Transportation Comments The application to rezone this property appears to have ;,,H tle measurable impact on Routes VDOT facility which would provide access to the property. Before development, this office v. a complete set of construction plans detailing entrance e designs, dry features and tra data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDDT reserves the ri cowmpt on allright-af 3aay-needs, roadway improvements and drainage. Any work performed on , the State's right-of-way must be c Lindrnu is perms is issue y is o ice an requires an inspection fe bond coverage. Thank you for allo us the opportunity to comment See attached letter f Steve Melnikoff dated 09/11/01 wit h. 10/10 VDOT Signature & Date: 10 22 Notice to Advisory Board — Please Return This AV to the Applicant 64, the 11 require is flow ht to and off -site vered and surety om Mr. 9 Rezoning Comments Jordan Sm-inEs Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540)665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name Mailing Address Location of Property: 93oe) TRIAD Engineering, Inc. Phone: (540)667 c/o Stephen M. Gyiirisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 The property is located at 1160 Jordan Springs Road (Va Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Fire Marshal's Comments Fire Marshal's Signature & Date Notice to Marshal — Please Return his Form to the Applicant - - -- , - 1 0 • Fieldl : COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. RZ01-0008R Date Received 10/15/01 Date Reviewed 10/31/01 Applicant Triad Engineering, Inc. Address 200 Avaition Drive P.O.Box 2397 Winchester, Va. 22602 Project Name Shalom et Benedictus Phone No. 540-667-2139 Type of Application Rezoning Current Zoning RA Ist Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 44-A-294 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Areas not dilenated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes XX No Comments Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Hydrant Locations Adequate Inadequate Not Identified XX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No qzve- Signatur .�.� �WQitle ss�6 0 0 • E Rezoning Comments Jordan Springs Fire and Rescue Company Name of Fire & Rescue Co. Address & Phone Clearbrook Vol. Fire Co. Inc. P.O. Box 56 1256 Brucetown Rd. Clearbrook Va 22624 Applicant: Please fill.out the information as -accurately as possible in order.to._assist.tlie Fire and Rescue Squad with their review.. Attach, a. copy . of your application form, location map, proffer statement, impact analysis, . a,nd' .any. :otli&- pertmegt information.-. Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-9,�00 Mailing Address: c/o Stephen M. Gyurisin -- 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Fire and Rescue Company's Comments �Q Wdsti4h, G,I SSG /s?6 ,�i7'�IO.✓ w. 14 /p•"� .cam %�o.� b 4.�a s-tS � .-� Ttt c /�%i i`,..�-•.--. �..,i�.�t.� a C/ cle �-�� �y� -�'�• - 2 Fire & Rescue Company's Signature & Date Notice to Fire & Rescue Company — Please Ret6n 1� is Form to the Applicant 21 6 Rezoning Comments Jordan Springs Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name Mailing Address: Location of Property: 13.300 TRIAD Engineering, Inc. Phone: (540)667-2i�39 c/o Stephen M. Gyurisin 200 Avaition Drive, PO Box 2397 Winchester VA 22604 The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Sanitation Autthfority/ Comments r 1-2 Sanitation Authority Signature & Dat Notice to Sanitation AutVoority — Please Return This Form to the Applicant 0 • Rezoning Comments Jordan Springs Frederick — Winchester Health Department Mail to: Hand deliver to: Frederick -Winchester Health Dept. Frederick -Winchester Health Dept. Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent St., Suite 201 Winchester, VA 22601 Winchester, VA 22601 (540) 722-3480 (540) 722-3480 Applicant: Please fill_ out the information as accurately, as possible in order to assist the Frederick -Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. g3oa Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667- Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Frederick — Winchester Health Department's Comments 6 G G n.�� L� s L-. o tiq < S_T �P N r4. 11��r� 1- k onne / OwnP / ti-e f5 /�� 1/ f �X / e/ M� � i vi TLt Y lVom e T - P�r,�, r F� Eck ►^s //�!� �( a,r��,(, ik c k(,re4 i owki el- ,r/�.e �t� AA M Signature & Date: / Notice to Health Department — Please Return This Form to the Applicant 15 • • Rezoning Comments Jordan Springs Historic Resources Advisory Board Mail to: Frederick County Dept. of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Dept. of Planning & Development Co. Administration Bldg., 4`Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach a copy of your -offer statement,.impact analysis, and any, other application form, location map, p pertinent information. q3 oa Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667 Mailing Address: c/o Stephen M. Gy1trisin 200 Avaition Drive PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Advisory Board Comments PLE M E E LF.IrErz p D la I i A I o l ID Signature & Date: I� Notice to Advisory Board — Please Return This Form to the Applicant m Rezoning Comments Jordan Springs Superintendent of Frederick Co. Public Schools Mail to: Frederick Co. Public Schools Attn: Superintendent P.O. Box 3508 Winchester, VA 22604 (540) 662-3888 Hand deliver to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg. 1415 Amherst St. Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to, assist the Superintendent of Public Schools with his review. Attach ' a copy: of your application . form, location map, proffer statement, impact dialysis, and any other pertinent information. Applicant's Name: TRIAD Engineering, Inc. Phone: (540)667-2139 Mailing Address: c/o Stephen M. Gyurisin 200 Avaition Drive, PO Box 2397 Winchester VA 22604 Location of Property: The property is located at 1160 Jordan Springs Road(Va. Sec Route 664) approximately 4 5 miles northeast of the City of Winchester, VA Current Zoning: RA Zoning Requested: B-2 / HA Acreage: 10.33 ± acres Superintendent of Public Schools' Comments Superintendent Signature & Date CGl/c�� t/i1 L1� Notice to School Superintendent — Ple Return This Form to the Applicant //G 13 Administrative Assistant to the Superintendent Stephen M. Gyurisin TRIAD Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 G W � C, Ems-.FCP J Frederick Count -Public Schools Visit us at www.frederick.1<12.va.us October 17, 2001 RE: Rezoning Property 1160 Jordan Springs Road Dear Mr. Gyurisin: e-mail: orndorfaWrederick.k12.va.us This letter is in response to your request for comments concerning the revised planning application for rezoning 10.33 acres located at 1160 Jordan Springs Road from RA to B-2/HA. Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Sincerely zV &if_ Al Orndorff Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools 510-662-3889 I xt 112 1415 Amherst Sheet, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788 L:/Plamiing/SouthcmViI]age 00 MEMORANDUM TO: ALL REVIEW AGENCIES FOR FREDERICK COUNTY, VA FROM: STEPHEN M. GYURISIN, TRIAD ENGINEERING, INC. DATE: 10/10/01 SUBJECT: JORDAN SPRINGS / COUNTY COURT REPORTERS, INC REZONING OF 10+/- ACRES FROM RA TO B2 WITH HISTORIC OVERLAY HA PLEASE NOTE: AREA IS REVISED FROM 29 TO 10 ACRES Attached you will find a comment sheet and appropriate supportive material for your review of the request to rezone 10+/- acres surrounding Jordan Springs from the current Rural Area Zoning District to B-2 Commercial District with a Historic District Overlay Zoning District (HA). Thank you in advance for your quick response to our request for additional comments regarding this rezoning. Copies of your previous comment(s), if applicable, are attached pertaining to the recent request for a Conditional Use Permit (CUP). You may fax or e-mail your response comment. As always we are trying to make a meeting schedule deadline and thank you in advance for your timely response. Thanks, Steve Stephen M. Gyurisin (guy-ra-sin) Director of Planning and Development Triad Engineering, Inc. PO Box 2397 200 Aviation Drive Winchester, VA 22602 Phone: 540-667-9300 x103 Mobil Phone: 540-533-4373 Fax: 540-667-2267 E-mail Direct:steveg@triad-winc.com O�Tv�- P-t7� �_3 ':�:y E-mcom 119 �C ! N �,,�E�,, rr✓ uu/u!/ul Phi 11:4L FAX 5404345841 '1'rlaa tiarrisonourS 'juVL v , COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL. QUALITY Permit No. vA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictua, Inc. Facility Name: Shalom et Benedictun STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac Section: 11 Class: IV Special Standards: pH The authorized discharge shall be in accordance with this cover page, Part•I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable To All VPDES Permits, as set forth herein. Director, Depqktment of Environmental Quality ahe /Ct r997 Date PART 1 A. INTERIM EFRI M LIMITATIDS AND KNITCRI% RECIRPRUM Perini t Nb. VM029653 Page 1 of B 1. [Ong the pedcd beoming with the XOt's effeftiw date at lasting Ail the mmuawt of discharge from the 4gr'aded facility in aoccrdance with the Sd,edile of Gmpliance in Part I.C.. the permittee is authorized to discharge from ahfall serial cumber 001. Such discharges shall be limited arcs monitored by the permittee as specified below: EFFI.IEM 0-wFfi+CTFRISiIC5 niSOJNU LIMITATICtr4 TATGRIN; rfW] h t lv Avera4e Weekly Minimum Ma S4Ve TvDe Flow (M3))Z ti NA M NL 1/Ddy Estimate pH (standard units) N4 NA 6.5 9.5 LIMY Grab KlL 30 mg/l 0.8 k9/d 45 m3/1 1.2 k9/d Ii4 M l/M31th Grab RLwded Solids 75 mg/l 2.1 kg/d 117 mg/l 3.1 kg/d N4 M 1AMj h Grab Total Residual Chlorine (TRC) (mg/l)' M M N4 N4 LTa3y Grab N_ - No Limitation, monitoring required M - Pbt Olicable 2. The desigi flow of this treatment facility is 0.007 113D. 3. See Part I.B. for TFC limmitetions. 4. There shall be no discharge of floating solids or visible foan in other than trace amounts. CJ v; _ a � 's•R, a �a fi 1, r r, r! as A 2s4� Location Map For: Jordan Springs PIN: 44-A-294 I Permit No. VAOG29653 Page 2 of 8 PART I _ o Cm 0 0 r N. FINAL FFFLLEM LIHITATIM /MD KNITCRI% REOJIFOIN15 r 1. Lpon comerarent of discharge from the upgraded facility, the folloAng effluaTt limitatims and monitoring recpIrerents shall becore effective at outfall serial rrrnber 001 and resin in gffert intil the permit's e)piraticn date. N Suds dlsd�a s shall be limited and aftaed 4Y the pe tttee as WiBl bel(w: M T01 Y Avera4e Flog-(VM)' N- p-I (standard rnits) M CBOD, (Am - Nb-erben•) 16 mg/1 0.42 kg/d 03A (Dec _ Pay) 25 mg/l 0.66 kg/d Suspanded Solids 30 mg/l 0.8 kg/d Total Resid el Chlorine (TIC) Ammia-N D" - %Wfter)' 1.8 mg/l 0.05 kg/d Ammia-N (Dacerber - May)' 2.9 m3/l 0.08 kg/d Dissolved Q)nen (mr D t4 - No Limn tati cn, mmi tori ng ragi red M - Not Afpl icabl e 2. the design flaw of this treatrrmt facility is 0.007 MD. 3. See Part I.B. for lRC lidtations, DIS[lJNU LIMITATIM Weekly Average NA N4 24 m3/l 0.64 kg/d 40 ng/l 1.06 kg/d 45 mg/1 1.2 kg/d N4 N4 N4 N4 4. See Part I.D. for aeticnal monitoring instrirtions. S. There shall be no discharge of floating solids or visible foam in other. than trace wants. M 11MINS KUMfTVU Mini Mi?d F SmIalz a CIO A NL 1/Day Estimate °o r 6.5 9•6 VDay Grab NA Nq lAtnth Grab 1Mmth Grab Nq Nq Lftnth Grab N4 I/Day Grab -s K4 1.8 m>3/1 0.05 kg/d 1/Ptrrth Grab w w NA 2.9 rrg/l 0.06 kg/d 1/ bt Grab r 5.0 N4 VDdY Grab a' G `S LAI 09/07/01 FRI 11:43 FAX 5404345841 - i Triad Harrisonburg , ,;rmit No. VA0029653 WJ UUb Part I Page 3 of 8 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS 1. a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/l for any one calendar month. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. C. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non -detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non -detectable TRC concentration. Where the TRC concentration is within the limit of BA, the permittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall betaken within 45 minutes after the original sample. Should.this TRC sample measurement indicate a non -detectable concentration, then the original sample shall be considered as being in compliance with the permit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of BA., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non -detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit'limitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (DMR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg WJUUb ermit No. VA0029653 Part I Page 4 of 8 5. The per-mittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permittee as specified below: Discharge Limitations MonitodngRQquiremgnts Monthly Ay - Fre� Sample Type Fecal Coliform 200 (n/l00 ml) (Geometric Mean) l/Week Grab Between 10 a-m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.1-4. 09/07/01 YK1 11:43 FAX 5404345841 'Triad Harrisonburg JL :,rmit No. VA0029653 Part I Page 5 of 8 C. SCHEDULE OF COMPLIANCE Wj V V The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit 2. Report of progress By January 10, 1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. 3. Achieve compliance with final Within 4 years after the effective date of this limits permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement, V'7/ V r V1 rn, 11 . YY CAA .74U4J4.7o91 1!'1dU rial'i'1JVllum-15 Led u v u l en -nit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS The Quantification Level for Ammonia-N shall be 0.2 mg/l. 2. Compliance a. Monthly Average Limit Compliance with the monthly average limitations for Ammonia-N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shall be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia-N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit UU/U7/Ul PHI 11:44 FAX 5404345841 Trlacl Harrisonburg q1-J vvZ2 rermit No. VA0029653 Part I Page 7 of 8 E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS 1. 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers — The permittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: a. Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. 3. CTC, CTO, O & M Manual Requirements -- The permittee, in accordance with the Sewerage Regulations, shall obtain a Certiflw2te to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities an d operating the facilities respectively. 09/07/01 FRI 11:44 FAX 5404345841 Triad Harrisonburg WJ UlU 0 1-crrnit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (O & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised 0 & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or 0 & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement — No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ-Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. 5. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the pernaittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the submitted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg Perm, .4o. VA0029653 Part II Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS A. Monitorine WJU11 I. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. 1. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permince's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. 1. The permittee shall submit the results of the monitoring required by this permit not later than the 1 Oth day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to: 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg ow Perrm. No. VA0029653 Part II Page 2 of 11 Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permiu the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. The permittee shall furnish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to famish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The purittee shall also furnish to the Department upon request, copies of records required to be kept by this permit. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. Unauthwdzed Discharges Except in compliance with this permit, or another permit issued by the B oard, it shallbe unlawful for any person to: 1. Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or Ua/U(/V1 rni 11:40 rnb 54U434bM41 '1r1aa tiarrisonourb tv.fV1J • perm,. VVA0029653 Part 11 Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of Unauthorized Discharges Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part II.F.; or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part II.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of Unusual or Extraordinary Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; U9/U'!/U1 PEI 11:4b FAX 5404345841 1'mao ttarrlsonDur6 Perm. No. VA0029653 L/.J V 1 `f Part II Page 4 of 11 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. 1. Rep9rls of Noncotxmliance The permitter shall report any noncompliance which may adversely affect State waters or may endanger public health. l . An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain.: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case -by -case basis for reports of noncompliance under Part H.I. if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permitter, shall report all instances of noncompliance not reported under Parts ILIA. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II.I.2. NOTE: The immediate (within 24 hours) reports required in Parts U. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. 1. The permitter shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg Perm; •VA0029653 WJ V10 Part II Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or C. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The pennittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. K. Simatory Requirements 1. Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg Pen,,,to. VA0029653 C. U l O Part H Page 6 of 11 b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part II.K.I., or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part H.K.1.; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly aut"oized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Department - 3. Changes to authorization. If an authorization under Part II.K.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part U.K-2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Parts II.K.1 . or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my lmowledge and belief, true, accurate, and complete. I am aware that there are U9/U7/U1 rttl 11: 4 i FAX 5404345841 Tr1ac1 Harrisonburg Pem..c ITo. VA0029653 Part II Page 7 of 11 significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." L. Duty to Conl& The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. M. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All perrnittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. N. Effect of a Permit This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infiingement of Federal, State or local law or regulations. 0. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part H.U.), and "upset" (Part H.V.) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. UU/U[/U1 Phi 11:46 FAX 5404345841 • Triad Harrisonburg Perm,, rlo. VA0029653 LLJJ V 10 P. Oil and Hazardous Substance Liability Part II Page 8 of 1 1 Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. • • •� •••••uMy�-� The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the pern ittee only when the operation is necessary to achieve- compliance with the conditions of this permit. R. Disposal of Solids or Sludges Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Duly to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt or Reduce Activity not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. "Bypass" means the intentional diversion of waste streams from any portion of a treatirient facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts II•U_ 2. and U.3. 09/07/01 FRI 11:48 FAX 5404345841 Triad Harrisonburg `YJ"ly perm„ o. VA0029653 Part H Page 9 of 11 2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part ILL 3. Prohibition of bypass ` . et a. Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part H.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part II.U.3.a. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part II.V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: vo. v�. vi ,..i 11ZJ rtf,� pyUH JH OOYl ti'lau rlal'1'1JU11ULL1 6 PCMIIL O. VA0029653 Part H Page 10 of I a• An upset occurred and that the permittee can identify the causes) of the upset; b. The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in Part'II.I.; and d. The permittee complied with any remedial measures required under Part II.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. W. Insppection and ,= The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection Wareasonable during an emergency. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permit -tee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 09/07/01 FRI 11:49 FAX 5404345841 Triad Harrisonburg Pern,..fNo. VA0029653 Lgj U L 1 VA Z. Part II Page l l of 11 1. Permits are not transferable to any person except after notice to the Department. Except as provided in Part H.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part II.Y.1., this permit may be automatically transferred to a new permittee if. a, The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part R.Y.2.b. Severabzl ly The provisions of this permit are severable, and if any provision of this permit or the application Of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. OUTPUT MODULE APPLICANT: PIN 44-A-294 Net Fiscal Impact LAND USE TYPE business Costs of l Dpacucl:ol 1LaU_1_M_0AS11E`Cie�is_Lo be Lake Total Potential Adjustment For REAL EST VAL $3,861.500 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE 1 Capital Faciltiies col sum only) QperSajLEQvjI2 ExpeadLD la$. Iax@s QSbe1 LUII td, slo) CQs1B21aIl�e Fslcilitie past IZelling Unit Fire and Rescue Department $20,145 $0 SO $20,145 ERR Elementary Schools SO $0 SO — $0 — SO ERR Middle Schools SO SO High Schools SO $0 SO $0 $0 SO ERR Parks and Recreation $0 $0 $0 $0 ERR Public Library Sheriffs Offices SO $0 $1,228 SO SO S1,228 S1,228 SO ERR Administration Building SO $0 $0 $0 $0 ERR Other Miscellaneous Facilities SO S14,238 $2,865 S17,104 $17,104 SO ERR SUBTOTAL S20,145 $15,467 S2,865 SO $18,332 S18,332 S1,813 ERR LESS: NET FISCAL IMPACT $685,749 $685,749 $685,749 4 1 ERR NET CAP. FACILITIES IMPACT I0 ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth cot as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10/15/01 ERL P.I.N. 44-A-294 Rezoning: Assumes10 acres zoned B2, utilizing the existing 38,615 square feet of finished area Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. IMPACT ANALYSIS STATEMENT A PROPOSED REZONING For PARCEL ID 44-((A))-294 Stonewall Magisterial District Frederick County, Virginia September 2001 Prepared For: County Court Reporters, Inc - Purchasers Missionary Servants of the Most Holy Trinity - Owners Prepared By: Triad Engineering, Inc. 200 Aviation Drive PO Box 2397 Winchester, Virginia 22604 540.667.9300 - Phone 540.667.2260 — Fax officcOmtriad-winc.com www.triadeng.com Impact Analysis Statement Jordan Springs Table of Contents 1 Introduction................................................................................................... 2 Site Suitability................................................................................................ 1 _ 2.1 100 Year Flood Plain.............................................................................. 1 2.2 Wetlands................................................................................................ 1 2.3 Steep Slopes.......................................................................................... 1 2.4 Mature Woodlands................................................................................. 1 2.5 Soils....................................................................................................... 1 2.6 Comprehensive Planning....................................................................... 3 Surrounding Properties................................................................................. 3.1 Nuisance Factors................................................................................... 2 _ 4 Traffic............................................................................................................ 2 5 Sewage Conveyance and Treatment............................................................ 2 6 Water Supply................................................................................................. 2 7 Drainage .......................... 8 Solid Waste Disposal Facilities...................................................................... 2 9 ............................................... Historic Sites and Structures .......................... 2 _ 10 Impact On Community Facilities................................................................ 2 10.1 Education............................................................................................... 2 10.2 Emergency Services.............................................................................. 3 10.3 Parks and Recreation............................................................................. 3 Impact Analysis Statement • • Jordan Springs 1 INTRODUCTION The subject parcels contain a total of 10.33 (+/-) acres. The property is located on the West Side of Jordan Springs Road (VA Route 664) approximately 4.5 miles northeast of the City of Winchester, VA. The property is currently zoned RA (Rural Areas District) with limiting non -conforming rights, and the owner and purchaser desire to change the zoning to B-2 (Business General District) with a HA (Historic District Overlay). The intended purpose of this zoning is to allow of the continuation of the use, preserve the existing structures and to provide for office space for County Court Reportors, Inc. 2 SITE SUITABILITY The site is very well suited for limited development of the existing structures with restoration and preservation measures. The existing structures have been used for more intense uses than the proposed use. 2.1 100 YEAR FLOOD PLAIN A portion of the property is located within Zone A (100-year flood plain) along Hiatt Run. The existing structures are located outside of Zone A. No development is planned that would impact the existing flood plain of Hiatt Run. Map 5100630110E 2.2 WETLANDS There are no observed wetlands within the boundaries of the parcel. Additionally, there is no observed hydrophilic flora that might suggest the potential for wetland reclassification. 2.3 STEEP SLOPES The site contains steep slopes to the southeast of the main existing structure. 2.4 MATURE WOODLANDS The site contains trees and woodland areas. 2.5 SOILS There are no critical soil areas identified on the site. 2.6 COMPREHENSIVE PLANNING The property is outside of the Urban Development Area. 3 SURROUNDING PROPERTIES The property to be zoned is bordered on all sides by land owned by the Missionary Servants of the Most Holy Trinity and is vacant undeveloped land. Properties adjoining the entire parcel owned by the Missionary Servants of the Most Holy Trinity are either vacant undeveloped or residential (large lot) properties. Page I Impact Analysis Statement • Jordan Springs 3.1 NUISANCE FACTORS There are no anticipated nuisance factors inappropriate to the zoning. No air or water pollution sources will be generated, and the noise potential is not expected to reach the 75 dBa threshold for nuisance as noted in the Frederick County Zoning Ordinance 165-35-(H). There are no anticipated residential impacts. 4 TRAFFIC The parcel has approximately 500+/- of frontage to Route 664, Jordan Springs Road. The average two-way weekday 24-hour volume for 25 employees is 91 vehicle trips with 12/2 and 2/11 (enter/exit) during AM and PM peak hours. See attached Trip Generation Calculations. 5 SEWAGE CONVEYANCE AND TREATMENT The property is served by Department of Environmental Quality (DEQ) permit VA0029653. A copy is attached for review. The proposed use of County Court Reporters, Inc. is within the limits of the permit. 6 WATER SUPPLY A private provides water supply well. 7 DRAINAGE The site has no identified drainage problems. The property slopes from the northwest to the southeast. No increase in storm water runoff can be expected with development of the property since no new structures or parking areas are anticipated. 8 SOLID WASTE DISPOSAL FACILITIES No additional solid waste disposal facilities will be required for the proposed rezoning. 9 HISTORIC SITES AND STRUCTURES The site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County inventory of sites. See attached information. 10 IMPACT ON COMMUNITY FACILITIES This rezoning request is to change from RA (Rural Area District) with allowed non -conforming rights to conduct certain uses to B-2 (Business General District) with HA overlay. There are anticipated to be no significant impacts to community facilities. 10.1 EDUCATION No impacts to education facilities are anticipated. Pagc 2 Impact Analysis Statement Jordan Springs 10.2 EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is Clearbrook. No additional police, fire, or rescue facilities will be required due to the rezoning. 10.3 PARKS AND RECREATION No impacts to parks and recreation facilities are anticipated. Pagc 3 0 • MPACT ANALYSIS STATEMENT Traffic Analysis Summary County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 25 Employees of Single Tenant Office Building October 10, 2001 Avg. Min. Max. No. Trip Trip Trip Std. of Rate Rate Rate Dev. Studies Avg. Weekday 2-Way Volume 3.62 2.09 7.61 2.41 14 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 0 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 7-9 AM Peak Hour Total 0.52 0.27 1.01 0.74 37 4-6 PM Peak Hour Enter 0.08 0.04 0.16 0.00 0 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total 0.50 0.29 1.08 0.72 37 AM Pk Hr, Generator, Enter 0.46 0.24 0.90 0.00 0 AM Pk Hr, Generator, Exit 0.06 0.03 0.11 0.00 0 AM Pk Hr, Generator, Total 0.52 0.27 1.01 0.74 37 PM Pk Hr, Generator, Enter 0.08 0.04 0.16 0.00 0 PM Pk Hr, Generator, Exit 0.43 0.25 0.92 0.00 0 PM Pk Hr, Generator, Total 0.50 0.29 1.08 0.72 37 Saturday 2-Way Volume 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2-Way Volume 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Total 0.00 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS fe u County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 25 Employees of Single Tenant Office Building October 10, 2001 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 3.62 2.41 1.00 91 7-9 AM Peak Hour Enter 0.46 0.00 1.00 12 7-9 AM Peak Hour Exit 0.06 0.00 1.00 2 7-9 AM Peak Hour Total 0.52 0.74 1.00 13 4-6 PM Peak Hour Enter 0.08 0.00 1.00 2 4-6 PM Peak Hour Exit 0.43 0.00 1.00 11 4-6 PM Peak Hour Total 0.50 0.72 1.00 13 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data availa]Qle. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 49 u County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 25 Employees of Single Tenant Office Building October 10, 2001 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 91 12 2 2 11 24 hour Peak Hour • Two -Way Volume Enter Exit Saturday 0 0 0 Sunday 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS • County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 17 Employees of Single Tenant Office Building October 10, 2001 Avg. Min. Max. No. Trip Trip Trip Std. of Rate Rate Rate Dev. Studies Avg. Weekday 2-Way Volume 3.62 2.09 7.61 2.41 14 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 0 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 7-9 AM Peak Hour Total 0.52 0.27 1.01 0.74 37 PM Peak Hour Enter 0.08 0.04 0.16 0.00 0 Is 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total 0.50 0.29 1.08 0.72 37 AM Pk Hr, Generator, Enter 0.46 0.24 0.90 0.00 0 AM Pk Hr, Generator, Exit 0.06 0.03 0.11 0.00 0 AM Pk Hr, Generator, Total 0.52 0.27 1.01 0.74 37 PM Pk Hr, Generator, Enter 0.08 0.04 0.16 0.00 0 PM Pk Hr, Generator, Exit 0.43 0.25 0.92 0.00 0 PM Pk Hr, Generator, Total 0.50 0.29 1.08 0.72 37 Saturday 2-Way Volume 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Enter 0.00 0.0G, 0.00 0.00 0 Saturday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2-Way Volume 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 • Sunday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Total 0.00 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 17 Employees of Single Tenant Office Building October 10, 2001 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 3.62 2.41 1.00 62 7-9 AM Peak Hour Enter 0.46 0.00 1.00 8 7-9 AM Peak Hour Exit 0.06 0.00 1.00 1 7-9 AM Peak Hour Total 0.52 0.74 1.00 9 • 4-6 PM Peak Hour Enter 0.08 0.00 1.00 1 4-6 PM Peak Hour Exit 0.43 0.00 1.00 7 4-6 PM Peak Hour Total 0.50 0.72 1.00 9 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS • County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 17 Employees of Single Tenant Office Building October 10, 2001 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 62 8 1 1 7 24 hour Peak Hour • Two -Way Volume Enter Exit Saturday 0 0 0 Sunday 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP'GENERATION BY MICROTRANS • MPACT ANALYSIS STATEMENT Sewage Conveyance and Treatment UU/U//Ul rxi 11:9Z PAX 54U4345841 1'r1au tiarrlsonDurg LLIJVV4 LI COMMONWEAL I of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictue, Inc. Facility Name: Shalom et Benedictus STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac Section: 11 Class: IV Special Standards: pH The authorized discharge shall be in accordance with this cover page, Part' I - Effluent Limitations and Monitoring Requirements, and Part II - conditions Applicable To All VPDES Permits, as set forth herein. irector, Dep rtment of Environmental Quality t�vn e lCt r997 Date PART I A. INTERIM EFRL" LIMITATICDS FAD KNITCRI% RECUIR9.2M Penm t rb. VP0029653 Page 1 of B 1. Mpg the peMcd Waling with the permit's effective date and lastiTlrJ ufitil the amararfit of discharge from the LpTaded facility in aaordance with the Soule of appliance in Part I.C.. the permittee is authorized to discharge fran outfall serial ntrber 001. Sudr discharges shall be limited and monitored by the perrnittee as specified below: F;=ELLENr O+vucitRrsrres nISDA r - E LIMITATICDS K)NITCRI% KWI Monthly AvEraae Wedcly Avera4e Mini mm is _m Frea�errcv Smrle Tvoe Flog (KD)Z N- ty4 M PL 1/Day Estimate pH (standard rnits) N4 f1A 6.5 9.5 1/[1aY Crab 8C� 30 ng/l 0.8 kg/d 45 ag/l 1.2 kg/d N4 N4 IThtrrth Grab Srlsperrded Solids 78 nWl 2.1 kg/d 117 rrg/l 3.1 kg/d N4 ha Iftnth Crab Total Fesidal Chlorine (TFi) (m3/1)' N4 M NA N4 1/04Y Grab PL - No Limitation, monitoring required N4 v Not FFplicable 2. The design flow of this treaiTEnt facility is 0.007 M37. 3. See Part I.B. for TRC, limitations. 4. There shall be no discharge of floating solids or visible foam in other than trace w=ts. • R Permit No. VA0029653 Page 2 of 8 PART I A. FINAL UYUJNT LIMITATICIS NU KNITCRI% RaJIMI MS 1. L. m mmarerent of discharge frun the ipgraded facility. the following effluent limitations and monitoring regilrernnts shall bomm effective at outfall serial niter 001 and resin in Affect until the permit's e)piratim date. kh dlschaM shall b lirted and anitoft k, the Pmittee as spefied aelcw: FFft iE1r Q4NZA=ISTICS DmwGE LIMITATIM MxOly Average Weekly Average Flaw (W' NL pH (starch d units) m � (Bq (Am - No,arber) 16 m3/1 0.42 kg/d 24 ag/l 0.64 kg/d CBA (0mr{er - pay) 25 mg/1 0.66 kg/d 40 mg/l 1.06 kg/d Suspended Solids 30 m3/l 0.8 kg/d 45 trg/l 1.2 kg/d Total Residual Chlorine JFV (ffg/1)3 NA Na Ammia-N (am - Now ttier)' 1.B ng/l 0.05 kg/d NA ATtmia-N ([ ember - ft)' 2.9 mg/l 0.08 kg/d Dissolved Q— (-Il) m N_ - tb Limitation. amitoring required N4 - tbt A pl i cabl e 2. The design flow of this treatm nt facility is 0.007 MM. 3. See Part I.B. for TK limitations. 4. See Part I.D. for additional nmitorirg instnutions. 5. There shall be ro discharge of floating solids or visible foarn in other than trace wants. III-UIN5 FmJIRfJ'fN5 n�ti imtrli Saml e�& m 1/Day Estimate 6.5 9.5 1/Day Grab tyq Nq Irrtnth Grab Nq 1Rtxnth Grab NA NA lMmth Grab tyq NA M)4y Grab NA 1.8 ng/l 0.05 kg/d LMxth Grab NA 2.9 M/1 0.06 kg/d Mtn h Grab 5.0 1/1)4y Grab is is 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg GR a .;rmit No. VA0029653 Part I Page 3 of 8 gyp_► 005 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS 1. a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/1 for any one calendar month. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. C. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non -detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non -detectable TRC concentration. Where the TRC concentration is within the limit of BA, the perznittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall betaken within 45 minutes after the original sample. Should.this TRC sample measurement indicate a non -detectable concentration, then the original sample shall be considered as being in compliance with the permit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of B A., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non -detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit limitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (DMR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 mgn. 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg • . ermit No. VA0029653 Part I Page 4 of 8 WJUUb 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permittee as specified below: Discharge Limitations MonitoringRgquirements Monthly Avvg,. Frequency Sample Type Fecal Coliform 200 (n/100 ml) (Geometric Mean) l/Week Grab Between 10 a-m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.14. 09/07/01 YRI 11:43 FAX 5404345841 1Tiad flarrisonburg W.jvuI • , , rmit Now. VA0029653 Part I Page 5 of 8 C. SCHEDULE OF COMPLIANCE The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for achievement of compliance 2. Report of progress 3. Achieve compliance with final limits Within 90 days after the effective date of this permit By January 10,1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. Within 4 years after the effective date of this permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement, UZI/ V f / Ul rill ii- 44 CAA 54U9J9Uo41 11'lau 11d1'1'1bulmu1'r$ 1 ennit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS 1. The Quantification Level for Ammonia-N shall be 0.2 mg/l. 2. Compliance a. Monthly Average Limit Compliance with the monthly average limitations for .Ammonia-N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL sha11 be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia-N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit UU/UY U1 r'K1 11:44 FAX 5404345841 Trlact llarrisonourg E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS • rermit No. VA0029653 Part I Page 7 of 8 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 WJVVV when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers -- The permittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: a. Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. 3. CTC, CTO, O & M Manual Requirements -- The pernuttee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities and operating the facilities respectively. 09/07/01 FRI 11: 44 FAX 5404345841 Triad Harrisonburg C. Ulu 1-ermit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (O & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised O & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or O & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement — No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ-Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. 5. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the perruittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the submitted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. 09/07/01 FRI 11:45 FAX 5404345841 0 Triad Harrisonburg Perm, .4o. V A0029653 WJ U11 Part II Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS A. Monitoring 1. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. 1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit, Monitoring results shall be submitted to: 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg • Permi. No. A0029653 WJUlL Part II Page 2 of I 1 Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. The permittee shall furnish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to famish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the Department upon request, copies of records required to be kept by this permit. E. Compliance Schedule Reports Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. Unauthorized Dischgrges Except in compliance with this permit, or another permit issued by the Board, it shall be unlawful for any person to: 1. Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or Uai V r i Ul rAi 11: 40 VAX b4U434b841 lrlaa narrlsollourg LyJ/. V1J 0 Perms_ .4o. A029653 Part II Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of Unauthorized Discharges Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part H.F. or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part H.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of I lnusual or Extraordinary Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly frorn processing operations; 2. Breakdown of processing or accessory equipment; UU/07 U1 t'ttt II: 9b IAX 5404345841 'trlaa tiarrlsonUurK Yj V1Y PerrrUL No. IP0029653 Part II Page 4 of 11 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. • -.•a • •� •��.• The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case -by -case basis for reports of noncompliance under Part HI if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts 1111. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part 11.1.2. NOTE: The immediate (within 24 hours) reports required in Parts II. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. 1. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 09/07/01 FRI 11: 47 FAX 5404345841 Triad Harrisonburg ula Perm; 'o. V9029653 Part II Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. K. Simtory Requirements Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 09/07/01 FRI 11:47 FAX 5404345841 Triad HarrisoriburB WJUlb Pen ... t No. fAO029653 Part II Page 6 of 11 b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or C. For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part ILK.1., or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part U.K.1.; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and The written authorization is submitted to the Department_ 3. Changes to authorization. If an authorization under Part II.K.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II.K.2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Parts ILK. l . or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my loauwledge and belief, true, accurate, and complete. 1 am aware that there are 09/U"I 01 FRI 11 : 4 r FAX 5404345841 Trlact llarrlsonburg Pen,.,c No. V10029653 Part II Page 7 of 11 significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." It • •t • The pennittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. M. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. N. Effect of a Permit This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infiingement of Federal, State or local law or regulations. 0. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II.U.), and "upset" (Part II.V.) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. UU/U!/Ul Phi 11:46 FAX 5404345841 Triad tiarrlsonburg 0 Perm.. flo. *0029653 Part lI Page 8 of 11 P. Oil and Hazardous Substance Liabiliiy Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. MrielvId The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit. R. Disposal of Solids or Sludizes Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Duty to itigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt or Reduce Activity not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. n. 1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts II.U_ 2. and U.3. 09/07/01 FRI 11:48 FAX 5404345841 Triad Harrisonburg Perms, No. *0029653 W. VIV LVA Part H Page 9 of 11 2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part ILL 3. Prohibition of bypass a. Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part II.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part II.U.3.a. et 1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part II.V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: — v.. — .— — - — I'AA 314vgo toOYI 11'1du Ildl l'1bV11ULL1 5 • Permh No. X10029653 Part II Page 10 of 1 1 a. An upset occurred and that the permittee can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in Part•H.l.; and d. The permittee complied with any remedial measures required under Part U.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 09/07/01 FRI 11:49 FAX 5404345841 Triad Harrisonburg Pem,.. NoIA0029653 WjuZl Part II Page 11 of 11 Permits are not transferable to any person except after notice to the Department. Except as provided in Part H.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part MY. L, this permit may be automatically transferred to a new permittee if. a. The current penmittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part H.Y.2.b. Z. Severability The provisions of this permit are severable, and if any provision of this permit or the application Of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. IMPACT ANALYSIS STATEMENT Historic Landmarks Survey Data THE INTERIOR LAV161UIN Ul- MINERAL F L SURVEY• •5362 1 SE 750 secINKER HILL 6 751 5' 752 753 (IN WOOD) INW000 8 Mi. St WSJ,. Sch Pit 7' BM ? 15� 618.. —633 64 Freyco/ railer Park 0 t BM • 6 602 Einmanutl .1 q Stephenson ler • x �t' P7 railer ; w I ...- Q) ark 57 X tc h" If (5c i urn e C. N, N ..ng, 4A ............ Bm ICFC n Se v e 10 066�,llll VL 6P0 C, /. A Ce 110 Burnt '6, De�nartmenr rstvrrc ,�esourc�s October 26. 199 3 Shalom et Benedictus P. O. Box 8 Stephenson VA 1-21656 RE: Sulphur Spring Spa (Jordan Spring), Frederick. County (MR Ns 34-110) Dear Sir: At its October 19 meeting. the State Review Board determined that the Sulphur Spring Spa, also known as Jordan Spring, appears to meet the criteria for listing on the Virginia Landmarks Register and the National Register of Historic Places. The board concurs with the Department staff that this property appears to be eligible at the regional level for significance in the area of architecture and recreation. The staff of the Department of Historic Resources does not plan to prepare the national register nomination which is the required next step in the registration process, as our work program is fully scheduled for the remainder of the year and we normally limit our preparation of nominations to those properties for which the Department is accepting an easement. If you are interested in pursuing registration, I would recommend hiring a consultant or preparing the nomination yourself. I would be happy to assist someone with the preparation and upon request will send you a list of consultants and materials necessary to complete the nomination. Thank you for your interest in the register program. Should you have any questions or concerns regarding the registration process, please do not hesitate to contact me. Sincerely, James Christian Hill National Register Assistant REG V .A,H�1 ALUAMN RG SHiWr PROPERTY NAME 01 DATE RATED 16 4�2 . COUNTY/CITY DHR He No. 34— / /D NR CRITERIA 1. DHR Therneis: A /T / Evalu.nted Under: ��:C_Tt� •P-Gs T7UN Criterion A Criterion B 2. NRHP Property Typeis: Criterion C Criterion D — 3. Resource Typeis: Q p IYOTxj -- Criteria Exceptions: 4. Period/s of Significance: 5. Area/s of Significance: A W / lfj-rZL,4Q. , Adequacy of Existing Survey: T)OAJI &z end 4)�Al j ASSIGNMENT OF BASIC POINTS 1. Level of Significance Loral, Regional, State, National 5 0 10 15 2. Rarity of Property/Resource Type 0 1 2 3 4 5 6 70 8 3. Quality and/or Rarity of Design and Worlananship 0 1 2 3 4� 5 6 7 8 4. Integrity 0 1 2 3 4 0 6 7 8 5. Landscape Features 1 2 3 4 6. Contextual Integrity: (it) General Surroundings 0 1 2 3 4 (b) Immed. Surroundings & Assoc. Resources 0 1 2 3 4 7. Archaeological Potential 0 1 O 3 4 7 8 8. Historical Significance & Associative Value 0 1 2 3 4 5 0 ASSIGNMENT OF EXTRA POINTS - �7 1. Unusually Good Representative of Type 0 1 2 3 2. Illustrates History of Ethnic & Cultural Minorities 0 1 2 3 3. Illustrates Distinctive Ways of Life Under -Represented on Register 0 1 2 3 4. Offers Exceptional Potential for Study and Interpretation 0 -1. 2 3 5. Visual Prominence as Landmark 0 1 2 3 6. Regional Representation on Register 0 1 2 3 a.' � 'L� t•; s T 4' - '••� •rT .r1 -•�•. -.�•. r�.!''i ��rr� ,jam S•. ���:� S. Sulphur Spring Spa 34-110 Interior Analysis: High Victorian newel post, identical to the one at the Richard's House 34-32 . Although the interior has been renovated to be used as a facility for substance abuse treatment, the work could easily be removed and the original parts of the building still be there such as the original staircase, windows, fluted trim w/ bull's eye corner blocks, decorative wooden motifs above segmental windows and doors and wrought iron colonettes in some of the rooms. _5 \ 111V 11 \aa a DIVISION OF I�TORIC LANDMARKS S EY FORM Ne at' e n s . 1p Historic name J3g�iafi Whito Sulfur Springs Common name Shalom et Benidictus, Sulfur Spring Spa County/ lbwn/City Rural Frederick County Street address or route number Rt. 664 USGS Quad Stephenson Date or period Mid 19th Century, 1870-1890 Original owner Branch Jordan Architect/builder/craftsmen Original use Spa -Hotel unknown Present owner Shalom Et Benidittus Source of name owners Prcxnt owner address Source of date architectural evidence Stephenson, VA stories g Foundation and wall const'n 7-course American bond brick Present use drug and alcohol rehabilitation on a split-level stone foundation. Acreage center. 253 agres Roof type Hippjed rnnf clad w/ asphalt shingle State condition of structure and environs Excellent. State potential threats to structure None Note any archaeological interest This was the site of activity around the sulfur springs in the mid-18th century. Also, this is not the original building which was used as a hotel- there was another hi }� burned. Sroucfd be investigated for possible register potential? yes ® no ❑ Is in very original condition. Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) The site of the sulfur springs were recognized for their healing value by the Indians before white man settled this area of Frederick County. By 1747, Indians and white men were arguinc about who had rights to the spring. The land became part of the Littler grant and exchanged hands until 1834 when the then current owner; Branch Jordan, built a brick building on the sitE This building apparently burned as did some others which followed it. The present building whit is made of brick and stone seems to have been built in the late 19th century. It is of 7-tour: American bond. It. is three -and -a -half stories on a split-level stone basement. The basement becomes a full level on the east side of the house. The building has brick piers running the entire height of the building. There are also gable dormers on the building; 3 on the front,l on the side, 2 on the rear. The building is L-shaped in plan with the rear wing being only 2' stories. The building has 2/2 light windows; segmental arches over the openings except on the 3rd story where they are flat arches. There are 2 doors on the entry level, front of the building which have 4-light transoms above. The stone English basement of the building has brick segmental arches over the openings. The building has a stepped brick cornice; exposed raJ ters in the eaves and some of the windows are paired. A 19-bay wrap -around porch which is 2 levels and 2 stories is found on the front and sides of the building. The supports are chamfert columns. There is a sawn balustrade and plain handrail and exposed rafters in the eaves of the porch roof. The rear 2 story ell which gives the Spa its L-shape appears to have been added just a little bit later than the main building. It has a central brick chimney and integral 2-story porches.on its west side. There is a frame cabin(?) just NW of the main building. It is: 2 stories on a split-level base. ment; 3bays wide; symmetrical; has a gable roof with standing seam metal; 6/6 windows; louvere. shutters; ext. end brick chinurey(unable to see the type of bond);fronted by a 3-bay, 1 level vernacular -,orcb with chamfered column supports, a plain handrail and cross -rail balustrade. Perhaps this was one of several cabins that were found on the property- ones that could be rented. The only other original outbuildings appear to be the frame shed located East of the house by the creek and the open octagonal springhouse located North of the house near the entrance to the property. It is a pergola w/ a shallow conical roof. The supports are baseles Intenor inspected? Boric columns. Although, some of the parts of this garden structure have surely p fj the site is original as—arP many of the archifect-13 a,]. LletailS There are i Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) modern buildings on th property. one is a 2-story concrete block workshop located south of the main building. The oth is a 1 story brick office building located West of the main building. No, the interior was not inspected. The use of this building has changed several times since it was built. It was originally buil as a spa -hotel. The history of its ownership needs to be further researched, but briefly what occured is that it was in its peak of use in the late 19th Century when people would come by train from Baltimore, Washington, New York and Philadelphia to enjoy the water and the social life. The spa was abandoned for some years in the 20th century until it was bought by the Franklin Institute in 1950. They sold it in 1954 to the Catholic Church and it was used by the Mission Servants of the Holy Trinity Monastery until 1972. They did a lot of renovation to the building including replacing the swimming pool dressing rooms with a library and the ballroom with a chapel. They sold it to Shalom et Benidictus, a private, non-profit, non -denominational residential treatment community for teenagers with emotional or family -related probles, in 1972. The current owners have also done a lot of work to the building yet retained its archi- tectural integrity. This property should definitely be placed on the State and National Regist as it exemplifies an unusual building type from a "lost era". LPG N b I r 1 HISTORIC o, v VIRGINIA LANDMARKS COMMISSION SURVEY FORM 3�-110 File Number County Frederick Town Stephenson Street No. W. of fit. 664 at Jordan Spring USGS Quad Name Stephenson Quad Date 1966 Original Owner Jordan's Original Use Health Spa — Hotel PrescntOwner Shalom & Benedictus Present Owner Address Father Eric'•' Willi Box A Present Use Stephenson, Va. Rehabilitation center 2. Historic Name Sulfur Spring Spa Present Name Same Date or Period (exact or estimate) Ca. 1843 Architect ---- Builder, craftsman, etc. ----- Source of Name Father Erie Williams Source of Date ° ° 11 3. No. stori (domiers count as %2 story): Wall construction Brick/ stone Acre298nknown 4. Historical Significance (Chain of Title, Families and Events, etc., connected with the property) /This spa was originally run and built by the Jordan's. There was a hotel on the spot by 1843, and had been used before then as a health spa. The hotel probably burnt down several times, and the present structu probably dates to the 1870's. In 1950 the Franklin Institute bought the spa and owned it until 1954 when Mission Servants of Most Holy Trinity purchased it and used it as a monastary-type place. In January 1972, Shalom and Benedictus purchased the place and are using it for drug rehabilitation center. S. Architectural Significance (Note interesting interior and exterior details, ctc., cite significant alterations and additions) This is an extremely large structure, note that it is part brick. Note detail of ornament over the windows - photograph, I could not get inside for a ground plan. 6. Ph)'sical Condition Excellent Good hair Puur Structure X Grounds X ---- Neighborhood -- X — ---- 1. 5tatc potential threats to prescrtatiun of structure None L �'♦ L -' Y T .. 1 r °, n n �a u lid a ir A' N Jwi ; %9- 21 .�- ����' •� - � ..._ s"'� sue. `. �s -p- Q ■ Im 3? q oel e • !,' _..�..a� : � •1'�����vrr. "4•J..J'. 9'�ii� .~fd1"�11� �A•� �! �:�``1'� M PERpppp • �} � w•1� I i t. Date �'t4►a�T r �-3 File No. ZZU Name Town S K P- County Photograr her 1_ Contents µ �` ""�I�—� p Xf I :�• L: �{ K xa. M � f\4T•y• I• .• ••.t4 - N`.{Y ��•li' ��. •- •.�'F ""FYw''!.• }}��y�.. i1 • �'' • ¢i.� Tl m • m •, r. Y all � � slip•. vw'k'*lllnl!� W-1 • re�•2�tL,•�• raw•' may• �• ... • �A'r Ll�y �F i NM zz �.I i/,\, • �J` '� ,• '•� , i•c tit ''. YK�_ ..�, 1, 1 �r •' T". ! .F' �t` (•,� , .. r"f`P' 'fig: �j' •. �; -� yrt� "a _ .1 ;. T Yr � ! yr :. •�. - ' • �K,�,�.. _• :. Rom` �.Fr � �, ter., oil 73 ��c '�0./P..tyfJ,• Nay /. ..'� �...f .. _;��_' :i'aF-t _'`r.. T�n� _ ice. �"'.i :'• ''� 'i�'!4! rR.• i, .�:+ /• j 1. L'���. •t��f � /�/)� �'Z .,�.f� / ::^ `}}!5-. ': .3'r. �i. 4.c; ��� '.` ,ro; • .. YY _•/ : 1 iv • �.6' .'�'�•�' % �r:• o�j•!'. ' � � .t, 1T� ,� ti�_?�:•�i s' ��1 `k , 4 aM ( �_� i�L/•• t "'.. > ��; ir\. l'•i-% `'� y+flE, 3 •s4� �\, ,;IVJ'�p�;'' �' 'j►.y ;;.;v� - _ `t. —! ; -�l.l :k` 4��Yi• 't�. �i. �tr� ri _:fl �`�..�. Via/ _ ;.: . ',, : Jordan Spring�:Y,. `"''.' - 10, S``" � �. :.• '`t `i '• '.., is ��; ,:``.... _ ,`-=�1'�`'"i:,-e�3�. ;`j�.: . . '' .�'.r' -, ': v�a " � �'•�/` IV, i1':,;\~.: ,, `'_',ri ? J. rR•� *; ��. /: ��� _Ji ' �Y?A•�. ��.' :� �.:1+ w• i' ?;rlJ'ys/y '�'•i. y_..11i! .may �P'. - ,C:...�:",,. r•,�F,-.i, v'.,-/ / `l ,�t'�"��� ...?�* � ;� ';•:i. .l �:T ..�' icy: � .�t. ;:! '� yF: ;1C-�� �•Z•'!,•. '. `�{_'� 17. ,, • T y' f Ik -� •"i , �. iR �•.1 ''t _ •••` �1. '..Fit: y' •C•{ .�:: F• 47 WA ' '�- ''�, f ^'•�:�� f 'fi'•'",%r''<a ,..�;, ��. '.- ^i• yam- _ �`�s, • f . z � ` � � �� "�,��►.. •� ��. s.'�:,� tea} :: ' . �",l�iv, ` _ J i�'. � ; � 1D i*.Qmb 4yr* a PP Mom Yamm.A IM IM Smm DMwU= fM a ak J : 3LN D.lt M2 D3a%m WM 0 BUI ADI` I APPROXIMATE SCALE: 1 " = 200' 9 TREES '01 OWNERS: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY APPROXIMATE SCALE; 1 " = 500' NOTE: i THIS PLAN SHEET HAS BEEN DERIVED FROM AN AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD CHECKED. THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRESENTATION ONLY. 0 J a DATE: 10/10/2001 MAP NUMBER: 44 A 294 TICKET NO TAX PAYER ** REAL ESTATE TOTAL ** ** SANITARY TOTAL ** ** ST. LIGHT TOTAL ** ** NEWSPAPER TOTAL ** ***** GRAND TOTAL ***** COUNTY OF FREDERICK VIRGINIA 0 REAL ESTATE TAX SEARCH PAYMENT HISTORY DEPT BASE TAX PENALTY INTEREST T4-X W-MPr PAGE: 1 PAYMENTS tr3rtrtrtr+rtsirtrtr+rarrtrirrrt+trrrartrt+�rtrtttrntrtt»trrrtrtrarutttrtstrttt►tr 0 #470 tr W. H. M. STOVER, INCORPORATED # TO :: :: DEED # MISSIONARY SERVANTS OF THE MOST HOLY TRINITY �► *tt�r rrti-b trtrtrtt-t�trtrtttttr�-+rrr-tr,n»tr�artr-�tr-�rtttr�r-irt�tr�rt�-rt+r�r�ratotwn�r-a♦rr THIS DEED made and dated this 24th day of April, 1954, by and between W. H. M. STOVER, INCORPORATED, a corporation created under the laws of the State of Delaware, and authorized to do business in the Commonwealth of Virginia, hereinafter sometimes referred to as the "Grantor", party of the first part; and MISSIONARY SERVANTS OF THE MOST HOLY TRINITY, a corporation organized under the laws of the State of Alabama hereinafter sometimes referred to as the "Grantee", party of the second part. WITNESSETH: That for and in consideration of One Hundred and Forty Thousand Dollars ($140,000) cash, paid by the party of the second part to the party of the first part on or before the delivery of this deed, the receipt of which is hereby acknowledged, the party of the first part doth hereby grant, bargain, sell and convey, with general warranty of title, unto MISSIONARY SERVANTS OF THE MOST HOLY TRINI`P , its successors and assigns, the following described properties, containing in the aggre- gate Two Hundred and Fifty-seven (257) Acres, more or less, situate in Stonewall Magis- terial District, Frederick County, Virginia, and more particularly described as follows, to -wit: Tract 1: That certain tract of land, improved by a large brick hotel, and other buildings, known as the Jordan White Sulphur Springs Property, situate about five miles northeast of. the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Gilbert M. Stover and Laura Helen Stover, his wife, bearing date February 26, 1947, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 199, at page 361;'said tract of land being more particularly described with re- ference to the plat and survey thereof made by Richard U. Goode, Certified Surveyor, dated June 4, 1952, attached to and made a part of a certain deed of trust from the party of the first part to J. Sloan Kuykendall and Wayne A. Whitham, Trustees, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 120, as follows: "Beginning at (1) a post in a fence corner, a corner to the land of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover; thence with Bailey N 63* deg. E 1174 ft. to (2) a point in the center of Road No. 664 and in line with the South fence line of the land of Bailey;. thence with the center of Road No. 664 for the following 3 courses: N 16-j deg. E 152 ft. to (3); thence N 8-1 deg. E 224 ft. to (4); thence N 20 deg. W 333 ft to (5) a point in the center of Road No. 664 and in line with the South fence line of the land of Lockhart; thence with Lockhart S 76 deg. E 602 £t. to (6) a post corner to Orndorff; thence with Orndorff S 15 deg. 05 min. E 838 ft. to (7) a black oak three a corner to Orndorff; thence S 82 deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) a post in a fence corner; thence S 63 3/4 deg. W 1116 ft. to (11) a point in the center of Road No. 664 and in line with the South fence line of the land r of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell's land on the West side of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the Last line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fence; thence N 36-j deg. W 1494 ft. to the point of beginning contain ing 74.49 acres, more or less." Tract 2: That certain tract of land, together with the improve- ments thereon and the appurtenances thereunto belonging, situate on the north side of Road No. 660, about four and one-half miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, conveyed to the party of the first part by deed from Joseph A. Massie, Jr., Administrator de bonis non, cum testament annexo of the Estate of H. J. Benner, deceased, bearing date May 15, 1952, of record in the aforesaid Clerk's Office in Deed Book 224, at page 117, wherein said tract of land is more particularly described as follows: "Beginning at (1) a point in the center of Road h o. 664 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North.fence line of the land of Rexrode N 84-j deg. W 516 feet to (2) a post at an angle in the fence; thence with the North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road ivo. 660 with the Last line of Hart's land; thenoe with the East fence line of the land of Hart and than with the Last fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thenc with Rutherford for the following Four courses: S 23 deg. W 297 feet to (5) a set stone at a fence corner; thence N 56-j deg. W 900 feet to (6) a sot .stone at a fence corner; thence N 17-j deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey N 47-1 deg. E 2327 feet to (9) a set stone near a fence corner; thenc with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence N 50 deg E 825 feet to (11) a cherry tree in a fence corner; thence with -Bailey and then with the land of W. H. M. Stover S 36j deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23-1 deg. E 387 feet to the point of beginni g, containing 183.01 acres, more or less." A reference to said plats, said deeds and deed of trust, and the references contained in said deeds and deed of trust, is here made for further and more particular descriptions of the properties herein conveyed. This deed, and the conveyances herein contained, are made subjec to all the reservations, restrictions, rights of way and covenants contained in the aforesaid deed, and contained in the deeds referred to in the aforesaid deed, and otherwise of public record. Also, in consideration of the aforesaid purchase price, the Grantor does hereby sell, ons£er, assign and set over unto 9e Grantee all of those '. certain articles of personal property listed and described on those certain sheets of paper, marked "Inventory", attached to this deed and made a part hereof. The Grantor covenants that it has the right to convey the title to the said properties; that due and proper action has been taken by W. H. M. Stover, Incorporated, directing the sale and conveyance of the within described properties; that! the properties are free of liens and encumbrances, and that the Grantor will execute such further assurances of title as may be requisite. Witness the signature of W. H. M. Stover, Incorporated, by George M. Stover, its First Vice President, and the seal of said corporation, duly affixed and attested by W. H. M. Stover, its Secretary. (SEAL) Attest: W. H. M. STOVER becresary matte-+r�rtrfr+tttarat-lrtttr;r-q �t+t+rtt-et REVENUE STAMPS �* $154.00 # CANCELLED # ir+E-q-lt-lt+t+r-+rirttitif irir+hlrtr##u# State of Virginia County of Frederick, to -wit: W. H. M. STOVER, INCORPORATE By GEORGE M. STOVER ---Flrst Vice Fresii I, Blanche L. Roe, a Notary Public in and for the County of Frederick, State of Virginia, hereby certify that George M. Stover and W. H. M. Stover, First Vice President and Secretary, respectively, of W. H. M. Stover, Incorporated, who: names are signed to the foregoing and annexed writing, bearing date on the 24th day of April, 1954, have personally appeared before me and acknowledged the same in my County and State aforesaid. My Commission as Notary Public expires July 9, 1955. Given under my hand and official Notarial Seal this 24th day of April, 1954. (SEAL) ITEM BASEMENT Seven foot mirror Step Ladder Garden Hose Stable brooms Wire Brush Work Bench & Vise Scythe and Snath Shovel Rake - Garden Iron Wedge Small Hand Saw Rasp Alemite gun Wheelbarrow Coil of insulated copper wire 24 ' extension ladder 3 x 7 table Axe INVENTORY OF MOVABLE EQUIPMENT JORDAN'S WHIT; SULPHUR SPRINGS March 2, 1951 UNIT QUANTITY PRICE 1 1 200 feet 2 1 1 1 1 1 1 1 1 1 1 BLANCHE L. ROE Notary Public VALUE $ 25.00 5.00 50.00 15.00 45.00 17.50 4.50 1.50 C.F RCB 0 0 FIRST FLOOR kl,obby) 27 Inch Toro Latin Mower - Power Driven 1 New $285.00 2-1/2 H.P. 24 " " " " - Power Driven 2-1/4 H.P. 1 New 225.00 Picture of Coliseum (framed) 1 25.00 Picture of Classical Ruins (framed) 1 25.00 Rocking Chairs 5a $ 9.00 45.00 Army Cot 1 5.00 (BALL ROOM) Yacht Chairs 42a $ 5.00 $210.00 Rocking Chairs 6a 9.00 54.00 Rustic Picnic Tables 2a 30.00 60.00 Rustic Lunch Tables 2a 10.00 20.00 Rustic Chairs for Tables 8a 5.00 40.00 Rustic Settees 3a 25.00 75.00 Rustic Chairs 6a 15.00 94,.Q0. Hickory Armed Settees 2a 18.00 36.00 Hickory Chairs 4a 15.00 60.00 Metal Lawn Table with Parasol la 30.00 Metal Chair la 5.00 Total, Page L ..... $1,395.00 .20 piano player rolls $100.00 Roger C. Butts Ball Room, First Floor cont'd. Ping Pong Tables - New 2a $ 45.00 $ 90.00 Fire Place Andirons 1 set Fire Place Screen 1 Oak Side Board 1 '75-. uu- Golf Club Rack 1 20.00 Ping Pong Paddle Rack 1 10.00 Plastic Croquet Sets (4 Play) 2a 10. 00- 20.00 Childrens' Croquet Sets 2a 5.00 10.00 Shuffle Board Pushers 6 25.00 Bamboo Lawn Rakes 2 Badminton Net 1 --1U730- Table Tennis Sets 2 Oak Two Door Cabinet 1 -7570= DINING ROOM, FIRST FLOOR Bakelite Top Tables, 30 x 30 5a $ 15.00 $ 75.00 It" If 24 x 24 4a 12.50 50.00 Dining Room Chairs 35a 5.00 175.00 Wall Cabinets for dishes (10 ft. high, 2a 100.00 200.00 glass doors) PANTRY, FIRST FLOOR 300 Pound Ice Box 1 $ 100.00 Wall Cabinets for dishes - 10 ft. high, 3a $ TUC.-.= 300.00 glass doors Step Ladder 1 Water Bucket 1 KITCHEN. FIRST FLOOR Heavy Table 3" x 6' x 33"- Meat Carving 1 $ 500.00 3 Unit Gas Stove (4 burners each with ovens) 1 300.00 Hot Water Heater 1 100.00 Garbage Pail 1 SECOND FLOOR Rocking Chairs 5a $ 18.00 $ 90.00 Ocasional Chairs 21a 15.00 315.00 Dressers lla 35.00 385.00 Stands 4a 8.00 32.00 F1oor.Lamps 4a 25.00 100.00 Mirrors 7a 20.00 140.00 Rugs . 17a 2.00 34.00 Canvas Cots - Army 8a 5.00 40.00 Total, Page 2 ........ $3,346.00 0 Roger C. Butts SECOND FLOOR (cont'a.) Waste Paper Baskets 15a Steel Cots (with mattresses Roll Away 2a Steel Cot (with mattress) la Dressing Tables 2a Single Beas with Coil Springs & inner- spring mattresses (Simmons) 4a Double Beds (Ditto) lla Pillows 21a Spreads 9a Sheets 22a Pillow Cases 8a Towels 22a Wash Cloths l0a Hammock la Floor Mops 2a Brooms 2a Water Bucket la Shower Curtains 2a Slop Jars 2a Steel Cabint - Kitchen la Oil Heater-- 6 room automatic circulator la Coat Hangers 175a Ash Trays 15a C OT TAGE Oil Heater (6 room automatic circulator la Tables (rough) 2a Frigidaire (used) la Gas Stove (4 burner - used) la Water Bucket la What -Not Cabinet la 9 x 12 rug la Iron cot, mattress & spring la Rocking Chair la Radio - Majestic - used la Coat & Umbrella Rack - Mahogany Antique la Pillow la Double Bed, Mattress & Spring 1 a Kellmer Organ la Miller Organ la Windom Screens 9 x 10 rug Picnic Tables Incinerator Small Animal Cage Three Seat Suspension Swing Rocking Type swings Seesaws Small child's slide 5 Gallon Crook 12 Gallon Crock Pan Dipper Golf Putters IN THE OPEN 22a la la la 2a 2a la Roger C. Butts MISCELLANEOUS ITEMS 1 1 1 1 14a Above Items Unpriced, pages 1 through 4 Chloringting Machine $450.00 Page 1 1,395.00 Page 2 - 3,346.00 Page 3 - 3,068.00 Page 4 - 116.00 $7,925.00 75.00 $8,000.00 30.00 10.00 150.00 100.00 4.00 2.00 3.00 1.00 1.00 $20.00 M16191 • •e Total, Page 3 $ 15.00 60.00 10.00 600.00 1100.00 84.00 1 D. 6 .00 8.00 22.00 1.00 5.00 b-OO- 30.00 75.00 $ 75.00 10.00 50.00 100.00 10.Z0- 5.00 9.00 25.00 50.00 50.00 35.00 8.00 $330.00 100.00' 30.00 20.00 20.00 $3,068.00 $ 3.00 5.00 Total .. $ 116.00 $ 75.00 Total $8,000.00 Roger C. Butts Franklin Development Foundation, Inc. 0 0 6. Further, the following additional property now located in and about the kitchen will be transferred from Franklin to Stover: 1 Kitchen Aid Coffee Mill 1 Coffee Urn - 3 piece Stainless Steel 1 Coffee Urn Stand, Stainless Stool Top Oren Base 1 Champion Dishwasher - Stainless Steel (8 China Trays - 4 Silver Trays) 4 Dish Carts - Steel - Rubber Tired Wheels 1 General Food Grinder #35211 (Elec) 1 10 Qt. Hobart Mixer 1 Meat Block 1 Mop Bucket Outfit complete with 2 buckets, dolly and wringer 1 Potato Cutter 1 Univex Potato Peeler 1 Victor Walk-in Refri orator 35' 1 Victor Walk-in Deep freeze Refrigerator 0' 1 Beam Scale 1 Globe Meat Slicer 1 Duke Steam Table (Gas).with 7 steam table pans 1 Hotpoint Electric Commercial Stove (1 oven) 1 Hotpoint Electric Commercial Fry Kettle 2 Silex Two Unit Coffee Warmers (Eloc) with 6 glass Decanters 1 Dining Room Serving Table - wood and linoleum construction (Cafeteria Style) 2 1 gallon Thermos Jugs 'Ky site Trays (Cafeteria Trays) 21 Salad Oil Bottles 68 Salt & Pepper Shakers (Glass, Metal Tops) 29 Sugar Bowls, China 44 Oatmeal Bowls, China 119 Coffee Cups, China 127 Coffee Cup Saucers, China 125 3-1/2" Fruit or Dessert Dishes, China 22 Cream Pitchers, China 138 8" Dinner Plates, China 130 4-1/2" Salad or Dessert Plates, China 82 10oz. Water Glasses 65 5 oz. Juice Glasses 24 Dripcut Syrup Dispensers, Glass (Metal Tops - Plastic handles; 134 Stainless Steel Dinner Forks 132 Stainless Steel Dinner Knives 241 Stainless Steel Tea Spoons 144 Dessert Stainless Steel Spoons 72 Stainless Steel Table Spoons 2 Mixing Bowls (small size, aluminum) 1 Can Opener ,(Wall Type) 1 Eklund Heavy Duty Can Opener 3 Witt Garbage Cans & Covers 1 Universal Food Chopper (small size) 1 Meat Cleaver 1 Corkscrew 1 Dish Drainer 1 Aluminum Double Boiler (large size) 3 Steel Flesh Forks (2 medium, 1 largo size) 1 Griddle 1 Meat Hook 2 Ice Cream Dishers 2 Grapefruit Knives 3 6 oz. Ladles 1 Aluminum Pitcher 1 Pan. Stainless Steel 2 Hotel Pans, Stainless Steel 2 Cake Pansy Aluminum Pans 14 x 26 1 Dish Pan, Enamel 1 Dust Pan 3 Sauce Pans, Aluminum 1 Stock Pot Cover, aluminum 2 Stock Pots with covers, aluminum 3 10" Pie Pans, tin 1 Rolling Pin (Wood) 2 Roasters 1 Meat Saw 2 8" Cast Iron Skillets 1 12" Cast Iron Skillet 1 Meat Tenderizer 1 Pr. 9" Stainless Steel Tongs 1 Pr. 6" Stainless Steel Tongs 2 Double Boilers, aluminum 1 Wire Brush (meat block) 1 Retinned Mixing Bowl 1 Pot Cover, aluminum 2 Pot Covers, aluminum 1 Cake Turner, stainless steel 1 cake turner, stainless steel 1 WitjMfLarbaa Can & Cover, Galvanized 4 St Tablge Covers, stainless steel 1 Co nder 1 Biscuit Cutter, tin 2 Witt Garbage Cans & Covers, galvanized 1 Towel Cabinet, white enamel 24 1/2 oz. Creamers, glass 43 3/4 oz. Creamers, glass 1 Lamson Flesh Fork, wood handle 2 Griswold Griddles, cast iron 2 Chef Knives . 2 Boning Knives 1 Steak knife 1 Knife Holders, aluminum 1 1 Gal. Urn Cup, aluminum 10 Jars, (refrigerator storage) aluminum 2 Pitchers, aluminum 1 Stock Pot, aluminum 1 Stook Pot, aluminum 2 Pitchers, aluminum 3 Bake Pans 6 Roasting Pans, blue steel 2 Hotel Pans, white enamel 1 Hotel Pan, white enamel 5 Hotel Pans, white enamel 9 Cookie Sheets, aluminum 2 Aluminum Pitchers 7 Skewers 1 Roast Beef Slicer 1 12" Spatula 1 8" Spatula 1 Tier - Roast Beef 1 Serving Tray, aluminum 6 Hotel Trays, white enamel 3 Tray Stands (wood) 2 Skimmers - Stainless Steel 1 Bakers Scale 1 Egg Slicer (Cast Aluminum Base) 2 Dexter Steels „ 1 Magic Chef 2 Oven Gas Range The following tools will be transferred from Franklin to Stover: 1 Bar - 30" Wrecking 1 Post Hole Digger 1 Digging Iron 1 Set Pipe Dies, Ratchet Type, adjustable 1", 1-1/4" 1-1/2", 2" 3 Steel Tooth Garden Rakes 1 Steel Tooth Garden Rake 1 All steel - 2 wheel rubber tires Bag Truck 1 Trowel 1 Wood Chisel 1 Wood Chisel 1 Water Sprinkling Can 3 Galvanized Snow Shovels 1 Lawn Roller 1 Tilting Arbor Bench Saw 1 Saw Table Extension 1 Saw Table Guard 1 Dado Head 1 8" Combination Saw Blade 1 1/2 HP Electric Motor (mounted on saw) 1 Claw Hammer 1 Square (small) 1 Hand Saw 1 Hatchet 1 Axe 1 Step Ladder - 6' Wood 1 Chain Pipe Vise 1 Flash Light 1 Compass Sax 1 Steel Wheel Barrow - Rubber Tired 1 Steel Tooth Rake 1 Wood Plane Hand 1 Herbrand Socket Wrench Set I 8 Herbrand Sockets 1 Oil Stone 1 Wood Scraper 7. In removing any of its property, whether attached to the premises or otherwise, Franklin agrees to do so without damaging the property and to patch over and paint any holes which may be made in the plaster or woodwork. • lJ ,6 22 44rG // -,,;z reference is made to photo copy of said Sheet No. 4 of Right of Way Map, showing outlined in red the land conveyed in fee simple which photo copy is hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Plat Book. The said grantor covenants that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the land, free from all encumbrances, and that he will execute such further assurance of the said land as may be requisite. The said grantor covenants and agrees for himself, his heirs and' assigns and successors, that the considerations hereinabove mentioned and paid to him shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, and maintenance of said highway, including such drainage facilities as may be necessary. WITNESS the following signatures and seals: #4f-h4Hf4Hf-*#***iHF4tiFf FiHHF REVENUE STAMPS iF FRL D E. UNGER (SEAL) $0.55 CANCELLED BETTY L. UNGER (SEAL i tiH F iFiF UHF i F1�FiFiFiFi7-:HF+FiHrp-rF STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I, Emory S. Marchant, a Notary Public in and for the State of Virginia at large, do certify that Fred E. Unger and Betty L. Unger, whose names are signed to the foregoing writing, bearing date on the 7th day of April, 1952, have each acknowledged the same before me in my County aforesaid. My term of office expires March 22, 1955. Given under my hand this 8th day of May, 1952. EMORY S. MARCHANT Notary u ic. V IRGIN IA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 9:30 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. #'tHHHH IHHriHF�HHF#iiif-JHFiHHHHHHFiti-ltiHHHHf-iFiF* #883 # JOSEPH A. MASSIE, JR. ADMR. # TO .. DEED W. H. M. STOVER, INC. +� iNHHHHtiHHfiHHHf.'FiHHHFdFi�f-.giHHHHFiHFiF±NHHHHHNF THIS DEED made and dated this 15th day of May, 1952, by and be- tween Joseph A. Massie, Jr., Administrator de bonis non, cum testamento annexo of the Estate of H. J. Benner, Deceased, party of the first part, and W. H. M. Stover, Incor- porated, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and bonvey, with special warranty of title, unto W. H. M. Stover, Incorporated, its assigns n�i s� forever, all of the following described real property, to -wit: All of that certain tract or parcel of land near Jordan Springs, in Frederick County, Virgin which descended to J. W. Bennereally T oupp, Minnie R. Ware and Henry J. Benner, as heirs at law of Benjamin Benner, Deceased, and which was conveyed to Henry J. Benner by J. W. Benner, Sarah C. Benner, his wife, Henry C. T oupp, Sally C. Toupp, his wife, and Minnie R. Ware, by deed dated April 2, 1895 and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 1 116, page 471; and is more particularly described hereafter by a survey and plat of Richard U. Goode, Certified Surveyor, which is attached hereto and made a part of this deed. The description of the property is as follows: All of that certain tract or parcel of land located on the North side of Road No. 660, about Four and one-half miles Northeast of Winchester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia, and is bounded as follows Beginning at (1) a point in the center of Road No. 664 and oppo- site an elm tree in a fence corner on the west side of the road, corner to th6"land of Rexrode; thence with the North fence line of the land of Rexrode N 84-,� deg. W 516 feet i to (2) a post at an angle in the fence; thence with the North fence line of the land of iRexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the North side of Road No. 660, said point being the point of intersection of the north line of Road No. 660 with the East line of Hart's land; thence with the iEast fence line of the land of Hart and then with the East fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence with Ruther-1 ford for the following Four courses; S 23 deg. W 297 feet to (5) a set stone at a fence I corner; thence N 56-1 deg. W 900 feet to (6) a set stone at a fence corner; thence N 17-,', deg. W 250 feet to (7) a set stone at a fence corner; thence N 45 deg. E 140 feet to (8)I a set stone at a fence corner, a corner between Rutherford and Bailey; thence with Bailey I N 471 deg. E 2327 feet to (9) a set stone near a fence corner; thence with Bailey S 34 deg. E 815 feet to (10) a corner post set in concrete; thence 11 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 36-1 deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feat to (18) a poet at an angle in a wire fence and opposite a twin sycamore tree; thence S 23k deg. E 387 feet to the point of beginning, containing j 183.01 acres, more or less. The said Joseph A. Massie, Jr., Administrator de bonis non, cum i i testamento annexe, conveys this property by authority of the aforesaid will of H. J. Benner, Deceased, and by authority of the Circuit Court of Frederick County, Virginia by its order of October 17, 1951 and March 17, 1952 aforesaid. above written. ittHHttHt it#iF{t3HHNtit ifit-JHHH7iHt REVENUE STAMPS u $7.70 CANCELLED at aHHHH7-iHj—*i 4HHHHHHH13HHHt WITNESS the following signature and seal the first date herein - JOSEPH A. MASSIE JR. (SEAL) Joseph Massie, Jr., Administrator de bonis non, cum testamento annexo of the Estate of H. J. Benner, Deceased STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Juanita R. Roe, a Notary Public of and for the County afore- said, in the State of Virginia, hereby certify that Joseph A. Massie, Jr., whose name is signed to the foregoing writing, bearing date of the 15th day of May, 1952, has this day personally appeared before me in my County aforesaid and acknowledged the same. Given under my hand this 15th day of May, 1952. My Commission expires October 18, 1953. JUAN ITA R . ROB: Notary Public S u c vc �-Ev /Y1n r -1 4, /9sc Ca,f rF�o S u,tv�rv,r L oG/i TED AaoUT 4�'x /N /L ,e"S A/oRrNEAST of W/NCN6STEcr, /ni .5To/JE WALL O/a rl,,c7, F-t6oER/I= H COUNT Y , yA. VIRGINIA FR.EDERICK COUNTY, (SCT. • • This instrument of writing was produced to me on the 15th day of i July 1952 at 12:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. 3HH}iHf*4t* ,'HHHt1HHHHHHHHEiHH}{HHH}{HHHHHHHHHHt #884 i W.-H. M. STOVER, INC. {} TO : • :: DEED OF 'TRUST {} I' J. SLOAN KUYKENDALL, ET AL, TRS. {t 0l b7-', #{HH}iHHtiHtiHHtiNHHHHHHHHHHHt{HHHtitiHH}iHHtit-ttif# I V ��; 'THIS DEED OF TRUST made and dated this 15th day of May, 1952, ! O, r ti 1�7`1' by and between W. H. M. Stover, Incorporated, a corporation organized and existing under the laws of the State of Delaware, party of the first part; J. .-Sloan Kuykendall and Wayne A. Whitham, Trustees, parties of the second part; and the Shenandoah Valley National ank of Winchester, at Winchester Virginia, art of the third Y , , g , party part. X WHEREAS, the party of the first part, by deed from Gilbert M. I . r � tover and wife, dated February 26, 1947, of record in the Office of the Clerk of the F - 'ircuit Court of Frederick Count Virginia, in Deed Book 199 at r_ y, g , , page 362, acquired a � e pertain tract or parcel of land containing 74-49 acres, together with improvements thereon and appurtenances thereto belonging, known as the Jordan White Sulphur Springs 's t property, situate about four and one half, miles northeast of the City of Winchester, in Frederick County, Virginia; and r WHEREAS, by a certain deed of trust, bearing date November 15, � 5 1947, of record in the aforesaid Clerk's Office in Deed Book 203, at page 140, the party) of the first part conveyed the aforesaid property to Burr P. Harrison, Harry K. Benham I and J. Edward Thoma, Trustees, to secure the payment of a promissory note, of even date j with said deed of trust, in the principal sum of $12,000, upon which there is now a balance due of $8,000; and WHEREAS the art of the first , party part has, by deed bearing date i the 15th day of May, 1952, of record in the aforesaid Clerk's Office, in Deed Book ; E at page acquired, by purchase, 183.01 acres, with improvements thereon and x appurtenances thereunto belonging, known as the Benner Farm, situate at Stephenson, in I Frederick County, Virginia, for the sum of $7,000; and 1: I 2 i WHEREAS, the party of the first part has arranged to borrow the sum of $15,000 from the party of the third part, $8,000 of which is to be used for the I i purpose of refinancing the balance due on the above -mentioned note of $12,000, secured by a deed of trust on the Jordan White Sulphur Springs property, and $7,000 of which is to be used for the purpose of purchasing the Benner Farm, said sum of $15,000 to be secured as hereinafter recited. I NOW, THEREFORE,. WITNESSETH: That, for and in consideration of the sum of One Dollar ($1), cash in hand paid by the said 'Trustees to the parties of the first part on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant and convey, with general warranty of title, unto the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever, the following described tracts of land in Frederick County, Virginia, to -wit: Tract No. 1 - All that certain tract of land, with improvements, located on both sides of Road No. 664 about 4jmiles Northeast of Winchester, Virginia and situate in Stonewall Magisterial District, 1'redorick County, Virginia, which is more particularly described in a plat and survey made by Richard U. Goode, Certified Surveyor on June 4, 1952, which plat and survey are attached hereto and made a part hereof. Tract No. 2- All that certain tract or parcel of land, with im- provements, located on the North side of Road No. 660, about 4* miles Northeast of Winc- hester, Virginia, situate in Stonewall Magisterial District, Frederick County, Virginia,l and bounded as follows: Beginning at (1) a point in the center of Road No. 664 and opposite an elm tree in a fence corner on the west side of the road, corner to the land of Rexrode; thence with the North fence line of the land of Rexrode N 84-1 Deg. W 516 feet to (2) a post at an angle in the fence; thence with tho North fence line of the land of Rexrode and then with the North fence line of Road No. 660 S 53 3/4 deg. W 2095 feet to (3) a point on the 11orth side of Road No. 660, said point being the point of intersection of the North line of Road No. 660 with the East line of Hart's land; thence with the East fence line of the land of Hart and then with the East fence line of Rutherford's land N 36 3/4 deg. W 1819 feet to (4) a set stone at a fence corner; thence with Rutherford for the following four courses; S 23 dog. W 297 feet to (5) a set stone at a fence corner; thence N 56-- deg. W 900 feet to (6) a sot stone at a fence corner; thence N 17-1 deg. W 250 feet to (7}•a set stone at a fence corner; thence N 45 deg. E 140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey; -thence with Bailey N 47* deg. E 2327 feet to (9) a set stone near a fence corner; thence with Bailey S 34 deg. E 815 feet to (10) a corner post sot in concrete; thence N 50 deg. E 825 feet to (11) a cherry tree in a fence corner; thence with Bailey and then with the land of W. H. M. Stover S 36-1 deg. E 1785 feet to (12) a black oak tree at an angle in a wire fence; thence S 14 deg. E 472 feet to (13) a post at an angle in a wire fence and opposite a twin sycamore tree; thence S 23-1 deg. E 387 feet to the point of beginning, containing 183.01 acres, more or less. Reference is hereby made to the aforesaid deeds, the plat attac ed to the Benner deed and the survey and plat of the Jordan White Sulphur Springs prop- erty attached to this deed of trust for a more particular description of the property hereby conveyed. TO HAVE AND TO BOLD the property herein conveyed to the said J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever. BUT UPON THIS TRUST, NEVERTHELESS, to secure equally and without priority one to the other ten (10) bonds of the party of the first part, executed of even date herewith, designated as Bonds Nos. 1 to 10 inclusive; Bonds Nos. 1 to 9, in- clusive, are in the principal sum of Seven Hundred and Fifty Dollars ($750), each, and Bond No. 10 is in the principal sum of Eighty Two Hundred and Fifty Dollars ($8250). r Said bonds bear interest from date at the rate of six per cunt per annum, payable semi- annually, and are payable t 0e party of the third part or or4e, at the following timez: j Bond No. 1 is payable six months from date; Bond No. 2 is payable twelve months from date; Bond No. 3 is payable eighteen months from date; Bond No. 4 is payable twenty-four months from date; Bond No. 5 is payable thirty months from date; Bond No. 6 is payable thirty-six months from date; Bond No. 7 is payable forty -tyro months from date; Bond No. 8 is payable forty-eight months from date; Bond No. 9 is payable fifty-four months from date; and Bond No. 10 is payable sixty months from date. The party hereto of the first part hereby waives the benefit of all exemptions as to this debt to which it may be legally entitled and this deed of truss is executed to secure the payment of said bonds whatever form the same may assume, by renewal, or renewals, in whole or in part, by change of parties, makers, endorsers, or otherwise, until the said debt shall be finally and fully paid and discharged. i The maker of the bonds hereby secured may pay the principal of I any one or more of said bonds before maturity on any semi-annual interest payment date. ! The party of the first part covenants that it will keep the ibuildings on the property hereby conveyed insured against fire and other calamity in i some solvent insurance company approved by the 'Trustees, .or the holders of the bonds, for the benefit of the beneficiaries hereunder in a sum equal to their fair insurable value, and the party of the first part covenants that it will deposit the policies, with standard loss payable clause with full contribution in favor of the 'Trustees, as their interest may appear, with the said Trustees. The party of the first part further cove- inants, in the event of its failure to keep the property so insured and the policies so j deposited, that the Trustees may, or the beneficiaries may, at their option, effect such insurance and pay the premium thereon, and the money so paid, with interest thereon, (shall become a part of the debt hereby secured, in the event of sale to be paid next lafter the expense of executing this trust, and shall be otherwise recoverable from the `party of the first part as a debt; but there shall be no obligation upon the Trustees, or beneficiaries, to effect such insurance. Failure so to insure, or to maintain said I Ifiro and other calamity insurance, shall operate to cause the principal of the debt here- in secured to become due and render enforceable this trust deed, without regard to whether I all of said bonds shall have matured according to their tonor or not. The party of the first part covenants that it will pay all taxes levies, assessments and charges upon the property heroin mentioned and described, which imay accrue and become due and payable during the existence of this trust; and the party. !of the first part further covenants that it will keep the improvements on the property !herein described in a tenantable condition, whether such improvements were on the property .when the deed of trust was given, or are thereafter placed thereon. If default is made in the payment of any one of said bonds when 4 0 • due, or in any renewal, or renewals thereof, when due, or in the payment of any semi- annual installment of interest thereon when due, or in the payment of any sums due for said insurance premiums, or taxes, or if there is a default in any of the other provisio s, stipulations, terms or conditions of this trust by the party of the first part, then thel said Trustees shall, upon being requested so to do, in writing, by the lawful holder, orl holders, of the bonds herein secured, or any of them, proceed to sell the property herein conveyed as follows: I After first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property here- in conveyed and described as Tract No. 2, at public auction, in front of the County Court House, in the City of Winchester, Virginia, upon the terms of one-third cash on the day of sale and the balance of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated the day of sale and payable, respectively, one and two years after date, with interest thereon from date until paid, at the rate of six per cent per annum, payable semi-annually, to be secured by a trust dead upon the property conveyed and a policy of insurance upon the buildings thereon, duly endorsed for the protection of the deferred purchase money debt. Out of the proceeds of sale, the Trustees shall pay: First: The cost of executing this trust, including the usual j commission of five per cent upon the gross amount of said sale to the said Trustees, and all legal counsel fees incident and necessary to the enforcement hereof. Second: The debt herein secured, principal and interest, or any part thereof remaining unpaid; and all other sums herein stipulated to be paid. Third: The balance, if any, the said Trustees shall pay to the party of the first part, its successors or assigns. Should the proceeds from the sale of 'tract No. 2 be insufficient to satisfy the debt herein secured, principal and interest, or any part thereof remaining unpaid, and the other sums herein stipulated to be paid, the party of the first part shall be given the opportunity to tender the amount of such deficiency to the Trustees, in lieu of a sale by them of the property herein described as Tract No. 1. If, however, the party of the first part fails to pay to the Trustees the amount of such deficiency, after first advertising the time, terms and place of sale for at least once a week, for four successive weeks in some newspaper published or having circulation in Frederick County, Virginia, and by such other method as to the Trustees may seem necessary and proper, the said Trustees shall proceed to sell the property herein conveyed and describ d as Tract No. 1, at public auction, in front of the County Court House, in the City of Winchester, Virginia, upon the terms of one-third cash on the day of sale and the balanc of two-thirds to be evidenced by the bonds of the purchaser, in equal amounts, dated ithe day of sale and payable, respectively, one and two years after date, with interest !_thereon from date until paid, at the rate of six per cent per annum, payable semi-annual y, to be secured by a trust deed upon the property conveyed and a policy of insurance upon the buildings thereon. dulv endorsed for the protection of the deferrer3 7mirr.hnsA mnrwv udu6. Outf the proceeds from the sale of T t No. 1, the 'lru5t"* shall pay: First: Any balance of the cost of executing this trust in the sale of Tract No. 1, including the usual commission of five per cent upon the gross amount of said sale to the said Trustees, and any balance of legal counsel fees incident and necessary to the enforcement hereof. Second: Any balance of the debt heroin secured, principal and interest, or other sums herein stipulated to be paid. Third: The balance, if any, the said 'Trustees shall pay to.the party of the first part, its successors or assigns. WITNESS the signature of W. H. M. Stover, Incorporated, by Charles E. Stover, its President, and the seal of said corporation duly affixed and attested by W. H. M. Stover, its Secretary: (SEAL) W. H. M. STOVER, INCORPORATED Attest: By W. H. M. STOVER Secretary State of Maryland City of Baltimore, to -wit: CHARLES E. STOVER President I, Joseph E. Kraft, a Notary Public in and for the State and County aforesaid, hereby certify that Charles E. Stover and W. H. M. Stover, President and Secretary, respectively, of W. H. M. Stover, Incorporated, whose names are signed to the foregoing and annexed deed of trust, personally appeared before me and acknowl- edged the same in my State and County aforesaid. Given under my hand and seal this 7th day of July, 1952. My Commission as Notary Public expires May 1953. (SEAL) JOSEPH E. KRAFT Notary Public LAND OF W. H. M. STOVER 74.49 Acres On June 4, 1952, I surveyed the tract of land shown on the attached drawing, located on both sides of Road No. 664 about 4j- miles !Northeast of I Winchester, Virginia and situate in Stonewall lAagistorial District, Frederick County, j Virginia. It is bounded as follows: Beginning at (1) a post in a fence corner, a corner to the land i of Bailey and in the East line of the 183.01 acre tract being conveyed by the Benner I estate to Stover; thence with Bailey N 63-t deg. E 1174 ft. to (2) a point in the center of Road No. 664 and in line with the South fence line of the land of Bailey; thence with I the center of !toad No. 664 for the following 3 courses: lV 16R deg. E 152 ft. to (3); thence N 8* deg. E 224 ft. to (4); thence N 20 dog. W 333 ft to (5) a point in the cente of Road No. 664 and in line with the South fence line of the land of Lockhart; thence with Lockhart S 76 deg. E 602 ft. to (6) a post corner to Orndorff; thence with Orndorffl S 15 deg. 05 min. E 838 ft. to (7) a black oak true a corner to Orndorff; thence S 82 deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper S 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10) 0 a post in a fence corner; thence S 63 3/4 deg. W 1116 ft. to (11) a point in the center of Road No. 664 and in line with the South fence line of the land of Bell; thence with the center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road No. 664 and in line with a wire fence the North boundary of Bell's land on the West side of Road No. 664; thence N 83 deg. W 105 ft. to (13) the point of intersection of 2 wire fences; thence with the East line of the 183.01 acre tract being conveyed by the Benner estate to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fenc'; thence N 364 deg. W 1494 ft. to the point of beginning containing 74.49 acres, more or less. LOCK/-VAgr ?1. Richard U. Goode Certified Surveyor MAGNET/CS /954 3 CA L E / "- SOO 0 1 s 3 O Z Tp W. N..N• STo V ER 0 ,-I I LAND of 3 COOPER b y- W. N. M. 5 To ✓Eft ^� Z 7¢.�g Ac.4as P 9 0 a hR,�o /f 11j6 b 9 �/AovJ S BELL Z J S Ij J 2 Ne3'- 1 1 I I SuRVGYCo Jur/c -A, /95L LOG.9rE0 ABour -f M/LES' R/c +n/to U. GoaoE CERT/iiEo Sun vEYoR /V OR TN 6AST OF W/NCN ESTCR, on BorH S/D.Es of RoAo /Vo. 664 /N STONEWAL< D/srt/cT, FREOEK/CK CouNTY , VA. ' VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. Leo i Q—a a ,CLERK e 5vAvEYEo M,4r 24, /9.SC AICH env U. cove_- CLRT'F�LO J tj.tv&v o4 Loc.ArEn Aeour 4 % Mates NORrgE/1Sr of • W/Nc//,65TER /,v S raNE W,4LL Q/.7 rlic r F'teoER/ck Couvrr, V,4. /95L /" 'Too BA/LAr-Y 0 0 0 SA/LEY 1 • OCKNARs Lr J rj i.� W 1 ° rG •�' 33 b 1 6 14 ZZ4, m 2a� a Nit'E. 3 /St �/ W .M 13 ►►�9 ZII h MAGNET/CS /95L S CA e_- E / ", SOO \ 3 y1 6 I I N OR/VDaFF 6 .78 . 0 o� Q LAND 01. CooP�R 3 o W. N. M. S To ✓ER v h 2 � 7•f. ¢ 9 AGREs H. T. B<NNBR Zs r• r p 9 Z � •� To O W. H.M• 5rOy6R a /o 1,16 3 �' s 6 BELL 13 /2 N a j'w1� ioT' _11 1II S UA vG YLO jUN/ 4, /95L Loc.4rE'O ABour 4 % /17/LEA A1CNAAO U. Go"A' CE'qT/F/(O 5vAv-'y0A I1ORrN6AST OF W/NCNEJ7LR, o/Y BarH S/DIES OF RDAD N0- 664, /,v SroNEWA«. D.,srt/cr, FFRED--R/C/'K CouNTY , VA'. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. 0 9 TREELINE BUILDING-/ A" I APPROXIMATE SCALE: 1 " = 200' O BEES OWNERS: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY APPROXIMATE SCALE: 1 " = 500' NOTE: THIS PLAN SHEET HAS BEEN DERIVED FROM AN AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD CHECKED. THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPREESENIAIION ONLY. U AREA TO REZONED TO 10.33 ACRES BE B-2 EULII�J RIA[J ENGINEERING, IW 3 " TAX CEL c ` G o G _ U Z Z ; Wa Wes_ 4 R v J > u Z u W A / r— oPo DING BUILDING C B �Q OP O� PARKI J BUILDING z „D„ ;� a OWNERS: cn Li w TREELINE o MISSIONARY SERVANTS OF Z >- °P THE MOST HOLY TRINITY Q Z � o APPROXIMATE SCALE: 1 " = 500' BUILDI G NOTE: —' A„ = THIS PLAN SHEET HAS BEEN DERIVED FROM AN pQ AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD APPROXIMATE �� TREES 0Number: CHECKED. Numbe,; SCALE: 1 " = 200' I THE BOUNDARY IS APPROXIMATE AND IS 1 INCLUDED FOR GRAPHIC REPRESENTATION ONLY. CURRENT OWNER: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY S 1 4 0 REF: TAX MAP 44 - A PRCL 294 \ZO9" 7302 "W ' 0 CURRENT ZONING: RA to J r, 3p vm S79° 56 54 ELn REQUESTED REZONING: B - 2 /' / �� Oo �/ -/ / \9\0o N63�� / ��i^' N8353. 27' E 351.88 N86° 33' 40"E s\`o A 0 445.08 f� REZONING AREA: /0.33 ACRES / ooo_ ,m 0���. ems\ ----- __------ -----; S89° 18' 03 "E 900.00' ILL S00° 41 ' 59 "W CD 0 32.74 I `3 138. 08 a30 O F �I`0p \- I—O O I m�O O , 9IIO 0 88 N 106. 4 0 I I V) I S89° 18' 0'3"E 900. 00' III J i `9s S4 N45° 00' 00"E / op\, ICI 1 79000'„W 14d.00 �/ 1 III po i•3° %5 N17°30'00"W �` 010 � S02°45'00"E 250.00' \ \ o'o r235.00 0 , N83° 00' 01 "W S 0- - 1 05. 00' w 9'0\, / 00;`\; \-------- ---- S23° 30' 00 "E / �N84'30'00"W 393.93' S23°00'00"W 297. 00 514.09' Oo.\` BOUNDARY INFORMATION SHOWN HEREON IS COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD p0 RUN BOUNDARY SURVEY BY TRIAD ENGINEERING. ,900:. 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 DURING THIS SURVEY. rMlIAID TMAD ENGiNEERMG, INC 0 0 0 0 U � O � a U '7 (n z ca 0 ~ o a o .. J N O d u-) c 0 N J = W IY a o D- C) U Z Q > z w� Z 0 Ww� N Fx } LLJ Z N LLJ O W E Z zd a 3 G mou0 O n Z Z 5�z LiJ r _mom �m W� v, Ul 3 zWjF- U ooFr< w>'�zv~iZ Noz>-�� aiL—cno - " =�z O_Do )qo C9W7j)0MY zoom-JU =oa�3o y F N W W 1.-0 0o`` 0. a cr N 0 Drawing i00 o i00 zoo 300 4100 Number: S�A�: �•--goo- 1 14 CURRENT OWNER: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF: TAX MAP 44 - A PRCL 294 CURRENT ZONING: R REQUESTED REZONI, REZONING AREA: /O.. N45°00'00"E 140.00, N17'30'00"W 250.00' \ v� p0 cp .01 0��, pQ- pQ 6° i S89° 18' Lo O 88. 97�`, to 00 - BOUNDARY INFORMATION SHOWN COMPILED FROM EXISTING LAND AND DOES NOT RUN BOUNDARY r 900- S23°00'00"W \ 297.00' 9s=\ 00-\. HEREON IS iy `\ RECORDS REPRESENT AN ACTUAL FIELD SURVEY BY TRIAD ENGINEERING. 00:,\ ' o a5 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 DURING THIS SURVEY. ti S89°18' -/ S14°20'23"W 173.02' N �.- i cn ��� S79°56'54"E n o lL, N81 ° 32' 18 "E 351 . 88' F, 353.27' ------ ----3—N 8il� _6 °33'40 "E 445.08' w 13„E 900.001S00°41'S9"W F27 138.08' oo�o FO; 010 ON, Co O V 1 '5 "E 900. 00' 1i1 l S47° 00' 00"W Oo\_ ICI 11� p0 179.00' 0 ohS02°45'00"E o `oo •� 235. 00 \ N83°00'01"W \ 105.00' S23°30'00"E 393.93' N84°30'00"W 514. 09' /Oo 0 /00 200 Soo 400 rollj&D TRIAD aGINa-R G, NC. 0 0 0 0 U Lr) ' O c o U 7 V) z c� 0 o O _ J a , o_ O ,n C O N J w w d O U U a Z C� w� c Z J�Zzp z /y I } LLJ Z N W a O Z Wa z V Z O D N Z N,z; W Wm W:� �V) _ W V, H s U) ZH Z�>a U F 00Of :Q Lj LLI Lnn Qa °d jozr�} ox'o-i a a Fn o H Z owcn=(n n- t-- _ c4 o OLL t)om z o z J U 3 z EE wales =oa~ww J)�� Qa0o�w J cn a Drawing Number: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 ��or�r�c�\rIO�I Or PULE IC Ht"At111NIc November 21, 2001 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION 910-01 OF JORDAN SPRINGS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2001, at 7:00 p.m. in the boardroom of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #10-01 of Jordan Springs, submitted by Triad Engineering, Inc., to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the IIA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. Additionally, this rezoning will be heard in a public hearing by the Board of Supervisors at their meeting on December 12, 2001. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sinceyed, V Er rc R. Lawrence Deputy Director ERL/ch O:UgcndOAdjoincr Ltrs\21001VordinSprings REZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 1 0 0 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 44 A 297 CONNER, HAROLD R & CAROLINE D 55 - 7- - 1 1010 WOODS MILL RD SWEET, MICHAEL L. STEPHENSON,VA 22656.2036 362 WOODS MILL DR 55 A 135 STEPHENSON,VA 22656 2029 LEE, RONALD A & MARY C 55 7 14 MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 55 A -133 HART,OOROTHYL. 897 WOODS MILL RD STEPHENSON,VA. 1947 MARTINSBURG PIKE WINCHESTER, VA 22603 4714 44 A 294 20176 2428 HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON,VA. 22656 0008 22656-2044 44 A- 292 CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 226041730 44 A 295 REXRODE, WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON,VA. 226562046 44 A 296 GARRISON, MELODEE M CIO MELODEE SHEPHERD 1102 WOODS MILL RD STEPHENSON,VA 226562037 55A 1 - 17 NEWLIN, TINA 906 WOODS MILL RD STEPHENSON,VA 22656-2035 55A - 1- - 18 JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601-4777 C Ok Eric �awrence�Deputy Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK A,qfiAnn Ho I I, a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, dated a I ,has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of 0c y m l Tf -, �� My commission expires on Fe Wa121 aC--1-)3 _ RY PUBLIC 55A - 1- - 21- 6 CARTER, JOHN M & KIMBERLY D 554 GUN CLUB RD STEPHENSON, VA 22656-1802 55A - 1- - 22-A CLARK, HERMAN M III 966 WOODS MILL RD STEPHENSON, VA 22656-2035 45 - 4- 1- 1- FORTNEY, CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON, VA. 22656-2020 45 - 4- 1- 3- CONLEY, JOHN M. & K. JUNE PO BOX 218 STEPHENSON, VA. 22656-0218 45 - 4- 1- 4- KIENE, CHRISTIAN F. & 1373 JORDAN SPRINGS RD STEPHENSON, VA. 22656-2021 45 - 5- 2- 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON, VA 22656-2014 45 - 9- 3- 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON, VA 22656-0022 45 -9- 3- 3- BARTON,SUE & BEALL, WARREN CHRISTOPHER 170 MONASTERY RIDGE RD STEPHENSON, VA 22656-1922 45 - 9- 3. 4- SIMONS, ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON,VA 22656-1923 55 - 7- - 9- SWEET, MICHAEL L & CAROLE T 362 WOODS MILL RD STEPHENSON, VA 22656-2052 45 - 9- 3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON, VA 22656-1918 45 - 9- 3- 5- �STEEPROW, JAMES E. & NANCY A. 13405 GORDON DR MANASSAS, VA. 20112-4740 45 - 5- 2- 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON, VA 22656-2014 45 - 5. 2- 16- SIGLER, MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON, VA. 22656-2014 TRIAD ENGINEERING Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, VA 22604 t SEP-06-2001 15:24 TEI WIIJC TO: Barbara in Data Processing FROM: Carol Huff lanning Department Please print W of labels by: THANK YOU!! 8. 'The type of use proposed is (consult with the Planning Dept. before completing)__ w, ROW m %of� �FS-W,1� � 9. It is proposed that the following buildings will be constructed • Nlc>� 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted, (continue on back if necessary.) These people Will be notified by mail of this application: NAME M i��z-�L r��� ADDRESS �fvZ. Ivy � w D1e, PROPERTY ID# NAME W t W—I ADDRESS ZU-7 kAZA r,)c . e6A MA �2 �, P- %)A -.� I-? 1(T± PROP Y IDO SS' 7 - I _ NAME 1 9 i;i +1Ai-T ADDRESS 6CI VJOVQ9 m t L.L, �. ,J J/�- 22l�Sk. PROPERTY ID# SS -,A, ' " S NAME t'e I, ( A 11} (N(, ADDRESS p 0 wrf 'Z�IU ' VJIH>37IJP� 271�cU� PROPERTY ID#��'A-Z�iZ A -Z�=j AME IN(I.UFAry1 eA * ! 41 4 M , ADDRESS LO'�R I•vlLx, � 7-0DG- 4 ' Zi T tJ / J� zZ.faS PROPERTY IDI -A NAME MS M • 6a ADDRESS t I C)Z. V"CW47 M ► L.L- �(v : K U 'D J A- DA PROPERTY I y — A Z-J,W— AME OA-PVU F— D . ADDRESS OptJ Q Iz PROPERTY ID# - ft • -Xil _f47+;0 Ar�N�tLl� M ADDRESS PROPERTY ID# � -- A - CAS 1U1 L-) VJI.*i Ix LJ, ?2P . U� JAB zz� SEP-06-2001 15 ; 25 TE I -J 114C P.04 • NAME J � hjev%) Li rJ ADDRESS PROPERTY IDO NAME j c1'j ADDRESS r 7 777_7 i 71 C PROPERTY ID# 554- I - I f Iq ZO NAME 35H tJ M -` V-1M P, ADDRESS PROPERTY IDf " Z� NAME Al M 9ADORESS PROPERTY ID# '5�P`� � (p'���� NAME J �1L yr 1i-� 'nf-�A ADDRESS �c -r G=Y� PR ERTY IDS i f ►J 1 (L Ji��ic 1 Cb' r l ADDRESS � � P ERTY IDf 4'7 - L{ (( f 11 ' �7 AME %rl 1%-' F IV, �I ", L/E ADDRESS � lr L l P OPERTY ID# � - q :r/ ()_0 AO" C ll11L /� r-� • j5 ADDRESS PROPERTY IDS �1N1�.tn�� ADDRESS -Ho FT (JA,e\7•j `PROPERTY �- AxE pA�/I D �f N� ���/ ' ' ` ADDRESS PROPERTY IDO 41 - I' ,3 c -# tw A ADDRESS AIJ -- -- 5i _ _ - DU I JA•-J PROPERTY ID# L1 -c1- (( ?)> - NAME DRESS PROPERTY ID# - t NAME ADDR PROPERTY IDO /`5S-"A-7 2 rs (•re8 • Co. 5"00( Qd bu+ is n o-f- 0 5 /) - ve#'-t St, t3 j. LoDaZua 5T C�v�j cw � ►u- \JA z� JtN- iZtuS 15-77j -�WD A�JC r J&"7 9'U -44vW M I LyW JIB Z�S �P0 , 6OX zz -- - - SSA -1 — as l LI`5 — q 1- and 45-01 3-5 I�- L_15'�'��I� F-4�6E CIO Smooth Feed SheetSTM • 01 Use template for 51610 55 -7- - 1- SWEET, MICHAEL L. 362 WOODS MILL DR STEPHENSON,VA 22656.2029 55 -7- - 14- MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 20176.2428 55 - A- - 133- HART, DOROTHY L. 897 WOODS MILL RD STEPHENSON,VA. 22656.2044 44 - A- - 292- CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604.1730 44 - A- - 295- REXRODE, WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON,VA. 22656.2046 55 -7- - 1- SWEET, MICHAEL L. 362 WOODS MILL DR STEPHENSON,VA 22656.2029 55 -7- - 14- MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 20176.2428 55 - A- - 133- HART, DOROTHY L. 897 WOODS MILL RD STEPHENSON,VA. 22656.2044 44 - A- - 292- CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604.1730 44 - A. - 295- REXRODE, WILLIAM M & SHARON M 1099 WOODS MILL RD STEPHENSON,VA. 22656.2046 9 Address Labets Laser 51610 Smooth Feed Sheets TM • Use template for 51610 44 - A- - 296- GARRISON, MELODEE M CIO MELODEE SHEPHERD 1102 WOODS MILL RD STEPHENSON,VA 22656.2037 44 - A- - 297- CONNER, HAROLD R & CAROLINE D 1010 WOODS MILL RD STEPHENSON,VA 22656.2036 55 - A- - 135- LEE, RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603-4714 44 - A- - 294- HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON, VA. 22656.0008 55A - 1- - 17- NEWLIN, TINA 906 WOODS MILL RD STEPHENSON,VA 22656.2035 Favo Address Labels 44 - A- - 296- GARRISON, MELODEE M CIO MELODEE SHEPHERD 1102 WOODS MILL RD STEPHENSON,VA 22656.2037 44 - A- - 297- CONNER, HAROLD R & CAROLINE D 1010 WOODS MILL RD STEPHENSON, VA 22656.2036 55 - A- - 135- LEE, RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 44 - A- - 294- HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON,VA. 22656.0008 55A - 1- - 17- NEWLIN, TINA 906 WOODS MILL RD STEPHENSON,VA 22656.2035 Laser 51610 -)vfloodl Fe 41 55A - 1- - 18- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601.4777 5 5 A - 1- - 21- CARTER, JOHN M & KIMBERLY D 554 GUN CLUB RD STEPHENSON,VA 22656.1802 55A - 1- - 22-A CLARK, HERMAN M III 966 WOODS MILL RD STEPHENSON, VA 22656.2035 45 -4- 1- 1- FORTNEY, CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON, VA. 22656.2020 45 -4- 1- 3- CONLEY, JOHN M. & K. JUNE PO BOX 218 STEPHENSON, VA. 22656.0218 55A - 1- - 18- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601.4777 55A - I. - 21- CARTER, JOHN M & KIMBERLY D 554 GUN CLUB RD STEPHENSON, VA 22656.1802 55A - 1- - 22-A CLARK, HERMAN M III 966 WOODS MILL RD STEPHENSON, VA 22656.2035 45 -4-1- 1- FORTNEY, CLARK D. & BARBARA K. 1281 JORDAN SPRINGS RD STEPHENSON, VA. 22656.2020 45 -4- 1- 3- CONLEY, JOHN M. & K. JUNE PO BOX 218 STEPHENSON, VA. 22656.0218 Address Labels gg (-" d 6 1 R Smooth Deed Sheets TM • Use template for 51610 45 -4- 1. 4- KIENE, CHRISTIAN F. & 1373 JORDAN SPRINGS RD STEPHENSON, VA. 22656.2021 45 -4.1. 7 MALLOZZI, OHN A. 137 HIGH B NKS RD STEPKNS N, VA. 22656.2010 45 -4-1- 7- MALL OZZ , JO A. 137 HIGH BANKS STEPHEN ON, VA. 22656.2010 45 -5- 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON, VA 22656.2014 45 - 9. 3- 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON, VA 22656.0022 45 - 9. 3- 3- BARTON,SUE & BEALL, WARREN CHRISTOPHER 170 MONASTERY RIDGE RD STEPHENSON, VA 22656.1922 45 -4- 1. 4- KIENE, CHRISTIAN F. & 1373 JORDAN SPRINGS RD STEPHENSON, VA. 22656.2021 45 -4- 1. 7- MALLOZZI, OHN A. 13 HIGH ANKS RD ST HEN ON, VA. 22656.2010 45 -4- 7- MALLO ZI, OHN A. 137 H H BA S RD STEP ENSON, 22656.2010 45 - 5. 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 45 - 9. 3- 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON,VA 22656.0022 45 - 9. 3- 3- BARTON,SUE & BEALL, WARREN CHRISTOPHER 170 MONASTERY RIDGE RD STEPHENSON, VA 22656.1922 11') ZAVLG—RvO Address Labels Laser 51610 Smooth Geed SheetsTI Use template for 51610 45 - 9. 3. 4- SIMONS, ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON,VA 22656.1923 55 -7- - 9- SWEET, MICHAEL L & CAROLE T 362 WOODS MILL RD STEPHENSON,VA 22656.2052 45 -9- 3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656.1918 45 -9- 3- 5- STEEPROW, JAMES E. & NANCY A. 13405 GORDON OR MANASSAS, VA. 20112.4740 45 - 5. 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 45 -9- 3. 4- SIMONS, ERVIN W & BARBARA K 220 MONASTERY RIDGE RD STEPHENSON,VA 22656.1923 55 -7- - 9- SWEET, MICHAEL L & CAROLE T 362 WOODS MILL RD STEPHENSON,VA 22656.2052 45 -9-3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON, VA 22656.1918 45 - 9. 3- 5- STEEPROW, JAMES E. & NANCY A. 13405 GORDON OR MANASSAS, VA. 20112.4740 45 -5- 2. 17- CARLSON, RENE R 154 HUMMINGBIRD LN STEPHENSON,VA 22656.2014 01A n, luG�vo Address Labels Laser 5160 Smooth Feed Sheets TM Use template for 51610 0 0 45 -5. 2. 16- SIGLER, MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON, VA. 22656.2014 45 - 5- 2. 16- SIGLER, MICHAEL S. & JOAN B. 141 HUMMINGBIRD LN STEPHENSON, VA. 22656.2014 VAAZIAVFfRv : Address Labels Laser 51610 cy COUNTY of FREDERICK w ¢ Department of Planning and Development 540/665-5651 `1MGIN, FAX: 540/ 665-6395 ma August 10, 2001 Triad Engineering Attn: Mr. Stephen M. Gyurisin P.O. Box 2397 Winchester, VA 22604 RE: Parcel 44 A 294 Owned by Holy Trinity Mission Seminary Dear Mr. Gyurisin: The purpose of this letter is to provide you with docurnentation regarding the use of the referenced parcel. Currently, this 74.49-acre parcel is owned by the Holy Trinity Mission Seminary. The seminary has personnel on -site for the purpose of maintaining the structures, facilities, and grounds associated with Parcel 44-A-294. Our department agrees that the use of the property as a seminary and most recently as an outreach for Shalom et Benedictus would be considered legally nonconforming. The ability exists for the Holy Trinity Mission Seminary to utilize this parcel as a seminary since a component of this use is still on -site. However, should Shalom et Benedictus or a similar treatment center desire to locate on this parcel, the property owner would be required to obtain a Conditional Use Permit (CUP) from Frederick County. Section 165-139 of the Frederick County Zoning Ordinance requires the issuance of a CUP to reestablish a legally nonconforming use that was discontinued. The CUP may only be granted for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional or other requirements. Recently, you inquired about the use of this parcel by County Court Reporters, Inc., for their business operations. This inquiry was followed by the August 9, 2001 submittal of information regarding the specifics of this business operation including a floor layout plan. Upon review of this information, our department would consider County Court Reporters, Inc., as a land use of lesser noncon ormity than the Shalom et Benedictus treatment facility and would, therefore, allow this land use on this parcel through the issuance of a CUP by Frederick County. 107 North Kent Street • Winchester, Virginia 22601-5000 Parcel 44-A-294 Letter Page -2- August 10, 2001 Please maintain this letter as evidence of our department's determination regarding the ability of County Court Reporters, Inc., to utilize this parcel through the issuance of a CUP by Frederick County. The application for a CUP is available in our department. Please contact me if you would like to proceed with the filing of this application and I will provide assistance regarding this matter. Sincerely, Evan A. Wyatt, M Planning Director cc: Charles W. Orndoff, Sr., Stonewall District Supervisor John R. Riley, Jr., County Administrator Kris C. Tierney, Assistant County Administrator U:\Eyan\Common\Cortapondrncc\HolyTrinityMimionScminwy_Pscc144.A•194Pcrmi ttcdlandUscLcttcrs.wpd i TRIAD ENGINEERING, INC. GEOTECI-INICAL, ENVIRONMENTAL, CIVIL, SURVEYING, LAND PLANNING, LANDSCAPE ARCHITECTURE & CONSTRUCTION CONSULTANTS 11.0. Box 2397 Winchester, Virginia 22604 (540) 667-9300 -Phone (540) 667-2260 - Fax ofl'ice(wtriacl-winc.com - Email TRANSMITTAL SHEET TO: Mr. Evan Wyatt / Mr. Eric Lawrence Frederick County Planning Department FROM: Steve Gyurisin REFERENCE: Jordan Springs DATE: October 12, 2001 MESSAGE: Please find enclosed a copy of the rezoning application. Any questions, just call. Thanks, [DECEIVED OCT 12 2001 li- i . Gyurisin 540-667-9300 i `(:PT, OF PLANNINGIDEVELOPMENT ST. ALBANS * MORGANTOWN, WESTVIRGINIA WINCHESTER * I-IARRISONBURG,* PURCELLVILLE, VIRGINIA GREENSBURG, PENNSYLVANIA HAGERSTOWN, MARYLAND Rezoning Fees: $550.00 plus $35.00 per acre, plus $50.00 sign fee Fees: $ 550.00 Base Fee $ 361.55 (10.33 acres x $35.00=$361.55) $ 50.00 Sign Fee $ 961.00 Total Rezoning Fee j 1W Frederick County Department of Planning and Development DATE: REQUESTING AGENT: — DEPARTMENT/AGENCY: ADDRESS: FAX: E-MAIL ADDRESS: DESCRIPTION OF REQUEST: /�, w �� ' G� r� �( V �1 REQUESTED COMPLETION DATE: COST OF FINISHED PRODUCT: PROJECT REQUEST RECEIVED: PAYMENT RECEIVED: FINAL PRODUCT DESCRIPTION: PROJECT COMPLETION DATE: PROJECT DELIVERY/PICK-UP: MATERIALS AND SUPPLIES USED: ESTIMATED STAFF WORK TIME: NOTES: PHONE: -TOYTA N S� ,i} 0 v-�+ R o h f I 1 G) P T. N. "-A-M- PROJECT TRACKING - DATE INITIALS