HomeMy WebLinkAbout17-01 Jordan Springs - Stonewall - Backfile (2)%
CUP TRACKING SHEET
(To be completed by Frederick Co. Staff only.)
CUP # 7 /
Owner/Applicant
Application Date -
Fee Paid ET2f yes initials: C
Sign Deposit
yes Sign return date:
C_ }
Submittal Cut -Off Date
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P/C Mtg. date:
BOS
Mtg.
date:LLI_4�
V VDOT
Inspections
V Fire Marshal
Health Dept.
AGENCY REVIEW COMMENTS
Airport Authority
City of Winchester
Co Sanitation Authority
PLANNING COMMISSION RECOMMENDATIONS OFw� oZO Q�
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APPROVAL (WITH CONDITIONS) Zyes no
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BOARD OF SUPERVISORS PUBLIC HEARING TION 141. 20GII
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DENIAL Date W /5`01
NOTES
Date:
C File opened
Reference Manual updated/number assigned
,/ D-base updated
One black & white location map (81/2" x 11 ") requested from Mapping Dept.
Four sets of labels requested from Data Processing
I�.a-Gt� • d File given to Renee' to update Application Action Summary
CLOSE OUT FILE:
-�,s- Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or "withdrawn"
Reference Manual updated
D-base updated
File given to Renee' for final update to Application Action Summary
U \Carol\Common\CUP. TRK
Revised 4/I2/01
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• DUE ORDER--
August 02, 2001
Mr. Evan Wyatt
Director of Planning
Frederick County Planning Department
107 Kent Street
Winchester, VA 22601
RE: Office use of Jordan Springs
Tax ID Number 44-A-294,
Frederick County, Virginia
Dear Mr. Wyatt,
EVr- j
AUG p
1EPT. OFPU " -NT
Jordan Springs Road (Rt. 664)
As a follow-up to our meeting and telephone discussions regarding the office use of Jordan
Springs for the corporate office headquarters of County Court Reporters, Inc. and Court Reporting
Consultants, please consider the following for your use and determination.
County Court Reporters, Inc. and Court Reporting Consultants is a local business on the
leading edge of technology in the field of court reporting and associated software with worldwide
clients. The owners, Tonie and Greg Aitken wish to use Jordan Springs as the corporate
headquarters for County Court Reporters, Inc. and Court Reporting Consultants. Both Tonie and
Greg Aitken have a keen interest in historic preservation, and have spent much time and money
restoring their home located in Frederick County, Virginia as well as the current corporate
facilities for County Court Reporters, Inc. and Court Reporting Consultants located on Cork Street
in the City of Winchester, Virginia. Tonie and Greg have pledged the same level of commitment
for preservation of the Jordan Springs.
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:
- The "hotel or main building" which consists of approximately 29,150 square feet.
- The "administration building" which consists of approximately 2876 square feet.
- The "shop building" which consists of approximately 4840 square feet.
- The "original house" which consists of approximately 1750 square feet.
Mr. Evan Wyatt
RE: JORDAN SPRINGS
Page 2
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 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.
On behalf of the owners, I request that County Court Reporters, Inc. and Court Reporting
Consultants be permitted to use the office / reception / meeting portion of the Jordan Springs
property immediately for their business use as a continuation of the nonconforming use. The
proposed office use is certainly less intense than another anticipated drug and alcohol center.
Sincerely,
TRIAD ENGINEERING, INC.
Stephen M. Gyurisin
Director of Planning & Development
August 02, 2001
Mr. Evan Wyatt
Director of Planning
Frederick County Planning Department
107 Kent Street
Winchester, VA 22601'
RE: Office use of Jordan Springs
Tax ID Number 44-A-294, Jordan Springs Road (Rt. 664)
Frederick County, Virginia .
Dear Mr. Wyatt,
As a follow-up to our meeting and telephone discussions regarding the office use of Jordan
Springs for the corporate office headquarters of County Court Reporters, Inc. and Court Reporting
Consultants, please consider the following for your use and determination.
County Court Reporters, Inc. and Court Reporting Consultants is a local business on the
leading edge of technology in the field of court reporting and associated software with worldwide
clients. The owners, Tonie and Greg Aitken wish to use Jordan Springs as the corporate
headquarters for County Court Reporters, Inc. and Court Reporting Consultants. Both Tonie and
Greg Aitken have a keen interest in historic preservation, and have spent much time and money
restoring their home located in Frederick County, Virginia as well as the current corporate
facilities for County Court Reporters, Inc. and Court Reporting Consultants located on Cork Street
in the City of Winchester, Virginia. Tonie and Greg have pledged the same level of commitment
for preservation of the Jordan Springs.
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:
- The "hotel or main building" which consists of approximately 29,150 square feet.
- The "administration building" which consists of approximately 2876 square feet.
- The "shop building" which consists of approximately 4840 square feet.
- The "original house" which consists of approximately 1750 square feet.
Mr. Evan Wyatt
RE: JORDAN SPRINGS
Page 2
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 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.
On behalf of the owners, I request that County Court Reporters, Inc. and Court Reporting
Consultants be permitted to use the office / reception / meeting portion of the Jordan Springs
property immediately for their business use as a continuation of the nonconforming use. The
proposed office use is certainly less intense than another anticipated drug and alcohol center.
Sincerely,
TRIAD ENGINEERING, INC.
Stephen M. Gyurisin
Director of Planning & Development
HP OfficeJet
Personal Printer/Pax/Copier/Scanner
Last Fax
Date Time Type Identification
Aug 10 3:22pfh Sent 96672260
Result:
OK - black —and white fax
OK color - color fax
Fax History Report for
Frederick County Planning
665-6395
Aug 10 2001 3:24pm
Duration Pa es Result
1:21 3 OK
FAx TRANSMISSION
FREDERICK COUNTY PLANNING DEPARTMENT
107 North Kent Street
Winchester, VA 22601
(540) 665-5651
Fax: (540) 665-6395
To: Steve Gyurisin Date: August 10, 2001
Fax #: (540) 667-2260 Pages: 3, including this cover sheet.
From: Evan A. Wyatt
Subject: Holy Trinity Mission Seminary
COMMENTS
Steve:
We will mail the original to your attention today. Please give me a call if you have any questions.
Have a good weekend!
WEvanTommonTax Shects\TriadEngineering-SteveGyurisinPAX.wpd
COUNTY of FREDERIClK
Department of Planning and Development
5401665-5651
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 Trinily 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 ofthe Frederick CountyZoning 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 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, AIC
Planning Director
cc: Charles W. Orndoff, Sr., Stonewall District Supervisor
John R. Riley, Jr., County Administrator
Kris C. Tierney, Assistant County Administrator
U:\Evan\Common\Corrapondence\HolyTrinityMiscionSeminm)_Parcel44-A-294PennittedLandUseLcUm.wpd
COUNT' 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 rinity 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 CountyZoning 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 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, AIC
Planning Director
cc: Charles W. Orndoff, Sr., Stonewall District Supervisor
John R. Riley, Jr., County Administrator
Kris C. Tierney, Assistant County Administrator
U:\Evan\Common\CorrespondencaUlolyTrinityMissionSeminary_Parcel44-A-294PennittedlandUseLeam.wpd
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 5401665-6395
MEMORANDUM
TO: Finance Department
FROM: Karen A. Cain, Receptionist/Office Assistant U4
SUBJECT: Return Of Sign Deposit
r
DATE: November 20, 2001
The amount of$50.00 was deposited in line item#3-010-019110-0008 forthe company named below
as a deposit for a sign for Conditional -Use Permit #17-01 Jordan Springs- They have now returned
the sign and are therefore entitled to the return of their deposit. You may pay this through the regular
bill cycle.
Please send a check in the amount of $50.00 to:
Triad Engineering
P.O. Box 2397
Winchester, VA 22604
RSA/kac
6�w 1)),0101
UWareAarens stufffCon mo SIGNRTRN.IST�nimmerSIGNDEP.PER wpd
FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
November 15, 2001
TRIAD Engineering, Inc.
Mr. Stephen M. Gyurisin
P.O. Box 2397
Winchester, VA 22604
RE: CUP #17-01 OF JORDAN SPRINGS; Property Identification Number 44-A-294
Dear Steve:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
November 15, 2001. Your request, Conditional Use Permit #17-01 to establish an office use that is of equal
or lesser nonconformity than the Shalom et Benedictus treatment facility (County Court Reporters, Inc.) was
approved with the following conditions:
1. All review agency comments shall be complied with at all times.
2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of CUP
approval.
3. All parking areas shall be hard surfaced with asphalt and striped. Compliance with these conditions
shall occur within 180 days of CUP approval.
4. All vegetation within close proximity of all travel ways serving access to the structures shall be
maintained to provide a 15-foot vertical clearance for emergency vehicle access.
5. All applicable permits shall be obtained fiom the Department of Environmental Quality for the use and
maintenance of the health system.
6. Land use shall be limited to general office with the exception of residential above the shop building.
Occupants of the shop building shall be limited to maintenance personnel.
7. One business sign shall be permitted. It should be of monument -type construction and limited to fifty
(50) square feet in size or a placard.
8. A site plan shall be approved by Frederick County for applicable site improvements. Any future
expansion or structural development shall require an amended site plan.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Rebecca A. Ragsdale, Planner I
RAR/ch
cc: Harrington Smith, Shawnee District Supervisor
Jane Anderson, Real Estate
0AAgendas\Approval Itrs\CUP's\2001 Vordansprings.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
PC REVIEW: 11/07/01
BOS REVIEW: 11/14/01
CONDITIONAL USE PERMIT #17-01
JORDAN SPRINGS
To establish an office use that is of equal or lesser nonconformity than the
Shalom et Benedictus treatment facility
LOCATION: This 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: Occupied by maintenance staff for the upkeep of existing structures and grounds
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Vacant and Residential
PROPOSED USE: Office space for`the County Court Reporters/Court Reporting Consultants
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 664, the VDOT facility which would
provide access to the property. Prior to operation of the business, a commercial entrance
must be constructed to our minimum standards to allow for safe egress and ingress of the
property. Any, work performed on the States' right-of-way must be covered under a land use
permit. The permit is issued by this office and requires an inspection fee and surety bond
coverage. See also the attached letter and sketch dated 9111101 from Mr. Steven
Melnikoff, VDOT Transportation Engineer.
Fire Marshal: Additional uses of other building portions may be cause for additional
comments. Emergency vehicle access maintained per NFPA 299, 12-ft. width/14.5-ft.
vertical. Access to normal and emergency building ingress and egress points. Maintenance
Jordan Springs CUP #17-01
Page 2
November 8, 2001
of existing fire sprinkler system and current recall procedures for existing sprinkler heads.
Inspections Department: No change of use permit required for business use in this
structure. Please contact our office if renovations are to occur for permit requirements.
Department of Environmental Quality: DEQ is the regulatory review agency for the health
system on the property. Please find attached a copy the current permit issued by DEQ.
Planning and Zoning: In accordance with Section 165-139. of the Frederick County Zoning
Ordinance, a legally nonconforming use that was discontinued due to abandonment may be
re-established by obtaining a conditional use permit. Approval ofthis conditional use permit
shall only be granted for a use that is of equal or lesser nonconformity than the original use
in relation to intensity, type of use, or dimensional requirements.
Jordan Springs has been used in the past as a resort, as a hotel, and as a seminary by the
Missionary Servants of the Holy Trinity. Most recently it was used by Shalom et Benedictus,
Inc. as a drug and alcohol rehabilitation center. Shalom et Benedictus was the primary user
from the early 1970's to 1999. It operated at Jordan Springs with 30 to 50 employees and
residents. On the weekends, the number of people using the property would increase due to
visitation by family and friends of the residents.
The applicant, County Court Reporters/Court Reporting Consultants, proposes- to relocate
their office to Jordan Springs. At present, there are 17 employees of the business that would
relocate to the site. The number of employees is not expected to significantly increase. The
facilities as they exist are adequate for the business. There are four buildings on the property:
the main hotel building (A), the administration building (B), the shop building (C) , and the
original house (D). The location of these buildings is shown on the attached plan of Jordan
Springs. Also attached is information about the square footage of the buildings. Two
maintenance employees currently live in the apartment above the shop building and would like
to continue living there. The property is served by a septic tank.and lagoon, all appropriate
Department of Environmental Quality permits are in good standing. The existing structures
are located approximately 500 feet from Jordan Springs Road (Rt 664) and at least 800 feet
from the side and rear property lines. There is substantial vegetation on the sides and rear of
the property, forming a buffer to any future development or agriculture.
Staff feels that the applicant's request would not negatively impact surrounding areas and is
a good example of adaptive reuse of the property. Staff feels that the use proposed by the
applicant is of a lesser nonconformity than the original use of a drug treatment facility.
Jordan Springs CUP #17-01
Page 3
November 8, 2001
STAFF CONCLUSIONS FOR THE 11-07-01 PLANNING COMMISSION MEETING:
Should the Planning Commission determine that this request is appropriate, staff suggests the
following conditions:
1. All review agency comments shall be complied with at all times.
2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of
CUP approval.
3. All parking areas shall be hard surfaced with asphalt and striped. Compliance with these
conditions shall occur within 180 days of CUP approval.
h.s
4. All vegetation within close proximity of all travel ways serving access to the structures shall
be maintained to provide a 15-foot vertical clearance for emergency vehicle access.
5. All applicable permits shall be obtained from the Department of Environmental Quality for the
use and maintenance of the health system.
6. Land use shall be limited to general office with the exception of residential above the shop
building. Occupants of the shop building shall be limited to maintenance personnel.
7. One business sign shall be permitted. It should be ofmonument-type construction and limited
to fifty (50) square feet in size or a placard.
A site plan shall be approved by Frederick County for applicable site improvements. Any
future expansion or structural development shall require an amended site plan.
PLANNING COMMISSION SUMMARY & ACTION OF 11/07/01 MEETING:
Three citizens came forward to speak regarding the proposed conditional use permit. One person, an
adjoining property owner on Monastery Ridge Road, had concerns about the age and condition of the
existing septic system and lagoon on the property and he believed the system should be inspected and
upgraded as a condition of the permit. The second person, the broker involved with the property
transaction, noted that this property has previously been "exempt" because it has been owned by
religious organizations for a number of years; however, it will become a source of tax revenue for the
County if this business is approved. The third individual spoke in favor of this use on this particular
property because of the intent for historic preservation and incorporation of the historic overlay; he
Jordan Springs CUP # 17-01
Page 4
November 8, 2001
also agreed, however, that the septic system should be inspected.
Commissioners pointed out that a considerable amount of money is being invested by the applicant to
operate on a conditional use permit that could be revoked at any time. The representative for the
applicant said this is a risk the applicant is willing to take because of the interest in renovating,
restoring, and keeping the property intact; he stated that it was the applicant's intention to pursue the
rezoning of the property, with a historic district overlay, as soon as possible.
Commission members inquired if it would be appropriate to fashion an additional condition to ensure
historic preservation of the property until the rezoning and historic overlay could be accomplished.
The applicant's representative noted that Condition Number (8) was intended to ensure the
maintenance of the existing historic resources by way of requiring a site plan before any construction
activities occur on the property.' The applicant's representative stated that he would not have any
objection�to adding wording to Condition Number (8) to state that no demolition of existing buildings
or alteration of any outside appearance of buildings shall occur. The applicants' representative also
concurred with the conditions as recommended by the staff and believed the time frames established
were adequate to meet the conditions of the permit.
Members of the Commission decided that any reference to the preservation of historic structures
should be addressed at the time of rezoning. The Planning Commission had no other outstanding
issues of concern and believed the use would not negatively impact surrounding areas. The
Commission unanimously recommend approval of the conditional use permit with the conditions as
stated by the staff.
O: W gendas\COMMENTS\CUP's\2001 VordanSprings.wpd
PC REVIEW: 11/07/01
BOS REVIEW: 11/14/01
CONDITIONAL USE PERMIT ##17-01
JORDAN SPRINGS
To establish an office use that is of equal or lesser nonconformity than the
Shalom et Benedictus treatment facility
LOCATION: This 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: Occupied by maintenance staff for the upkeep of existing structures and grounds
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Vacant and Residential
PROPOSED USE: Office space for the County Court Reporters/Court Reporting Consultants
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 664, the VDOT facility which would
provide access to the property. Prior to operation of the business, a commercial entrance
must be constructed to our minimum standards to allow for safe egress and ingress of the
property. Any work performed on the States' right-of-way must be covered under a land use
permit. The permit is issued by this office and requires an inspection fee and surety bond
coverage. See also the attached letter and sketch dated 9111101 from Mr. Steven
Melnikoff, VDOT Transportation Engineer.
Fire Marshal: Additional uses of other building portions may be cause for additional
comments. Emergency vehicle access maintained per NFPA 299, 12-ft. width/14.5-ft.
vertical. Access to normal and emergency building ingress and egress points. Maintenance
Jordan Springs CUP # 17-01
Page 2
November 8, 2001
of existing fire sprinkler system and current recall procedures for existing sprinkler heads.
Inspections Department: No change of use permit required for business use in this
structure. Please contact our office if renovations are to occur for permit requirements.
Department of Environmental Quality: DEQ is the regulatory review agency for the health
system on the property. Please find attached a copy the current permit issued by DEQ.
Planning and Zoning: In accordance with Section 165-139 of the Frederick County Zoning
Ordinance, a legally nonconforming use that was discontinued due to abandonment may be
re-established by obtaining a conditional use permit. Approval ofthis conditional use permit
shall only be granted for a use that is of equal or lesser nonconformity than the original use
in relation to intensity, type of use, or dimensional requirements.
Jordan Springs has been used in the past as a resort, as a hotel, and as a seminary by the
Missionary Servants of the Holy Trinity. Most recently it was used by Shalom et Benedictus,
Inc. as a drug and alcohol rehabilitation center. Shalom et Benedictus was the primary user
from the early 1970's to 1999. It operated at Jordan Springs with 30 to 50 employees and
residents. On the weekends, the number of people using the property would increase due to
visitation by family and friends of the residents.
The applicant, County Court Reporters/Court Reporting Consultants, proposes to relocate
their office to Jordan Springs. At present, there are 17 employees of the business that would
relocate to the site. The number of employees is not expected to significantly increase. The
facilities as they exist are adequate for the business. There are four buildings on the property:
the main hotel building (A), the administration building (B), the shop building (C) , and the
original house (D). The location of these buildings is shown on the attached plan of Jordan
Springs. Also attached is information about the square footage of the buildings. Two
maintenance employees currently live in the apartment above the shop building and would like
to continue living there. The property is served by a septic tank and lagoon, all appropriate
Department of Environmental Quality permits are in good standing. The existing structures
are located approximately 500 feet from Jordan Springs Road (Rt 664) and at least 800 feet
from the side and rear property lines. There is substantial vegetation on the sides and rear of
the property, forming a buffer to any future development or agriculture.
Staff feels that the applicant's request would not negatively impact surrounding areas and is
a good example of adaptive reuse of the property. Staff feels that the use proposed by the
applicant is of a lesser nonconformity than the original use of a drug treatment facility.
Jordan Springs CUP # 17-01
Page 3
November 8, 2001
STAFF CONCLUSIONS FOR THE 11-07-01 PLANNING COMMISSION MEETING:
Should the Planning Commission determine that this request is appropriate, staff suggests the
following conditions:
1. All review agency comments shall be complied with at all times.
2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of
CUP,approval.
3. All parking areas shall be hard surfaced with asphalt and striped. Compliance with these
conditions shall occur within 180 days of CUP approval.
4. All vegetation within close proximity of all travel ways serving access to the structures shall
be maintained to provide a 15-foot vertical clearance for emergency vehicle access.
5. All applicable permits shall be obtained from the Department of Environmental Quality for the
use and maintenance of the health system.
6. Land use shall be limited to general office with the exception of residential above the shop
building. Occupants of the shop building shall be limited to maintenance personnel.
7. One business sign shall be permitted. It should be ofmonum6nt-type construction and limited
to fifty (50) square feet in size or a placard.
8. A site plan shall be approved by Frederick County for applicable site improvements. Any
future expansion or structural development shall require an amended site plan.
PLANNING COMMISSION SUMMARY & ACTION OF 11/07/01 MEETING:
Three citizens came forward to speak regarding the proposed conditional use permit. One person, an
adjoining property owner on Monastery Ridge Road, had concerns about the age and condition of the
existing septic system and lagoon on the property and he believed the system should be inspected and
upgraded as a condition of the permit. The second person, the broker involved with the property
transaction, noted that this property has previously been "exempt" because it has been owned by
religious organizations for a number of years; however, it will become a source of tax revenue for the
County if this business is approved. The third individual spoke in favor of this use on this particular
property because of the intent for historic preservation and incorporation of the historic overlay; he
Jordan Springs CUP #17-01
Page 4
November 8, 2001
also agreed, however, that the septic system should be inspected.
Commissioners pointed out that a considerable amount of money is being invested by the applicant to
operate on a conditional use permit that could be revoked at any time. The representative for the
applicant said this is a risk the applicant is willing to take because of the interest in renovating,
restoring, and keeping the property intact; he stated that it was the applicant's intention to pursue the
rezoning of the property, with a historic district overlay, as soon as possible.
Commissioamembers inquired if it would be appropriate to fashion an additional condition to ensure
historic preservation of the property until the rezoning and historic overlay could be accomplished.
The applicant's representative noted that Condition Number (8) was intended to ensure the
maintenance of the existing historic resources by way of requiring a site plan before any construction
activities occur on the property. The applicant's representative stated that he would not have any
objection to adding wording to Condition Number (8) to state that no demolition of existing buildings
or alteration of any outside appearance of buildings shall occur. The applicants' representative also
concurred with the conditions as recommended by the staff and believed the time frames established
were adequate to meet the conditions of the permit.
Members of the Commission decided that any reference to the preservation of historic structures
should be addressed at the time of rezoning. The Planning Commission had no other outstanding
issues of concern and believed the use would not negatively impact surrounding areas. The
Commission unanimously recommend approval of the conditional use permit with the conditions as
stated by the staff.
O: W gendas\CO MMENTS\CUP's\200I UordmSpri ngs.wpd
_— J
b
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
CHARLES D. NOTTINGHAM EDINBURG, VA 22824
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:
JERRY A. COPP
RESIDENT ENGINEER
TELE (540) 984-5600
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 will be
required accompanied by an engineered drawing.
I trust this information will be helpful.
Steven A. Melnikoff
Transportation Engineer
SAM/rf
Attachment HB.� EIVED,
xc: Mr. Dave Heironimus S� 2001
Mr. Steve Gyurisin
"IT Or PLAN NINGIDEVELOPMENT-
WE KEEP VIRGINIA MOVING
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09/07/01 r'K1 11:4G rAA 04U4345641 irtaa narrisouour-K
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COMMONWEAL
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
ilk
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.
irector, Dep men. of Environmental Quality
an e- /6, (17 1
Date
LjLj V V G
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.
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Dept. of Planning and Development, 09/01,
Submittal r dli:----� _fir
P/C Meeting
BOS Meeting � J.
APPLICATION FOR CO"ITIONAL USE PERMIT
rREDERICR COUNTY, VIRGINIA
1. APPliGant ('The applicant if the owner other)
NAME: —fgi'O+D 0 gee IQ C_ _
ADDRESS., D �T . \bk --
TELEPHONE 1J` 'f 2&-7 ' G 770 C > C � ' � � • �n[ LAZT%I e_J
2. Please list all owners, occupants, or parties in interest of.
the property:
3. The property is located at: (please give exact directions and
include the route number of your road or street)
VA • �_. jEtnnZC
4.
5.
6.
7.
The property has a road frontage of {l feet and a
depth of 2000 �� feet and consists of 4,�ta, acres.
(Please be exact) A t F' 23(a. ''7=
7-F-It-I rr►lt
The property is owned by A44010ahf,� ?!�� D�PviE: Mori" Hot�4as
evidenced by deed from W - - K - J$A. 7'1_0Vr12, recorded
(previous owner)
in deed book no. 7-2-4 on page I.i , as recorded in the
records of the Clerk of the Circu t Court- County of
Frederick. Al_,�70 _1�;� Z31 " 3 At- A,-7P
14-Digit Property Identification No.
Magisterial District 15f�FOAd.-
Current Zoning 72A, — JJZht. AOC4%
Adjoining Property:
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ZONING
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SEP-06-2001 15:24 TEi JINC F.1
a. The type of use proposed is (consult with the Planning Dept.
before completing)
V� ram♦
9. It is proposed that the following buildings will be
constructed
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:
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NORTHEAST OF W/NCNESTEA,
QN BOTH S/DES or ROAD /VO.
664, /N SroNEWAci- D1sr41cr,
FREDER/Gf� C ouNTY , 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.
CLERK
OC
SUAVaYEO M.+r 24, /95z
Ricri+eo U. GOooc
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LOCATED AeovT 4% M/LEs
Alox EAST OF W/iv C.Vcs reR,
/N STONEWALL D/JT41c-r,
FREDERic K COUNT Y , VA.
SEP-06-2001 15:25 TEI WINC P•06
12. Additional comments, if any:
1 (we), the undersigned, do Hereby respQctfully make application
and petition the governing body of Frederick County, Virginia to
allow the use dascribQd in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until aftor
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
IA
45" el
Signature of Applicant'LV4�.
+� 6I 0 14 -M ( f D �cKxi, � I tJU Signature of Owner Missionary Servants of the Most Holy Trinity
BY :ice S.Tj
Owners' Mailing Address 9001 New Hampshire Avenue
Silver pring, MD 20903
Owners' Telephone No. 301-439-0333
TO BE COMPLETED BY ZONING. ADMINISTRATOR:
USE CODE:
RENEWAL, DATE;
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
MI JTlrlrrIVI J! I Or PUBLIC i-lEARIl Ir
October 24, 2001
TO: , THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: APPLICATION OF JORDAN SPRINGS, CONDITIONAL USE PERMIT #17-01
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on November 7, 2001, at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider
Conditional Use Permit #17-01 of Jordan Springs to establish an office use that is of equal or lesser
nonconformity than the Shalom et Benedictus treatment center. This property is located at 1160
Jordan Springs Road and is identified with Property Identification Ntunber 44-A-294 in the Stonewall
Magisterial District.
Additionally, this application will be heard the following Wednesday, November 14, 2001, by the
Frederick County Board of Supervisors at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend these public hearings. A copy
of the application will be available for review at the Handley Library approximately one week before
the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in. Winchester, Virginia.
Sincerely,
(4tv �
lq#L
Rebecca A. Ragsdale
Planner I
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
�►, Q from the Department of Planning and Development, Frederick
County, irginia:`
TRIAD ENGINEERING
55A -1- - 18-
JRW PROPERTIES & RENTALS INC.
13 S LOUDOUN U
WINCHESTER, VA. 22601.4777
55A - 1- - 22-A
CLARK, HERMAN M III
966 WOODS MILL RD
STEPHENSON,VA 22656.2035
55A - 1- - 21-
CARTER, JOHN M & KIMBERLY D
554 GUN CLUB RD
STEPHENSON, VA 22656.1802
45 -4- 1. 3-
CONLEY, JOHN M. & K. JUNE
PO BOX 218
STEPHENSON,VA. 22656.0218
45 -4- 1- 1-
FORTNEY, CLARK D. & BARBARA K.
1281 JORDAN SPRINGS RD
STEPHENSON,VA. 22656.2020
45 -9- 3- 2-
HOFFMAN, WILLIAM D. & PATSY L.
PO BOX 22
STEPHENSON,VA 22656.0022
Mr. Stephen M. Gyurisin
P.O. Box 2397
Winchester, VA 22604
45 -5- 2. 17-
CARLSON,RENER
154 HUMMINGBIRD LN
STEPHENSON,VA
45 -4- 1- 4-
KIENE, CHRISTIAN F. &
22656-2014
1373 JORDAN SPRINGS RD
STEPHENSON,VA. 22656.2021
45 -9- 3. 3-
RITTER, DAVID E & NANCY M
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
Rebecca A. Rags ale, Planner I
Frederick County Planning Dept.
STATE OF VIRGIN11A
COUNTY OF FREDERICK
I, 9Ahnan IL , a Notary Public in and for the State and County
aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for the Department of Planning and
Development, whose name is signed to the foregoing, dated /(). QLJ .01 , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this C: �' �' day of Uoft�ber,t /3O 9
My commission expires on Fe b a @'BB acx')7,
i� d -16..
111--.N, ARY PUBLIC
45 -9- 3- 1-
HALL, WILLIAM H III & REBECCA
1081 JORDAN SPRINGS RD
STEPHENSON,VA 22656-1918
55 - A- - 22-
COUNTY SCHOOL BOARD OF FREDERICK
5 N KENT ST
WINCHESTER, VA 22601.5037
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
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
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 22656 2036
STEPHENSON,VA
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
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
,i
Jrlrl��V1 J! I Jr �J3� !r rIr e l !I Ir
September 19, 2001
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS
• APPLICATION OF JORDAN SPRINGS, CONDITIONAL USE PERMIT #17-01
RE.
Commission, you are hereby notified of a public hearing
On behalf of the Frederick County Planning P.M. in the board room of the Frederick County
being held on October 3, 2001, at 7:00
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider
al or lesser
at is
f equ
nonf
Conditional Use Permit #17-01 of Jordan Springs to establish an office
use th property is located at 1160
nonconformity than the Shalom et Benedictus treatment icationNumber 44-A-294 in the Stonewall
Jordan Springs Road and is identified with Property
Magisterial District. of the
to speak may attend this meeting. A copy
Any interested parties having questions or wishing p
will be available for review at the Handley Library approximately one week before the
application meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
Rebecca A. Ragsdale
Planner I
O;Wgendasbldjoiner LtrS\2001UardwSprings.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
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• - 296-
55 - 7- - 1- SS' �-i GARRISON, MELODEE M
SWEET, MICHAEL L. CIO MELODEE SHEPHERD
362 WOODS MILL DR 1102 WOODS MILL RD
STEPHENSON,VA 22656.2029 STEPHENSON,VA 22656-2
as - A- - 297-
55 •7- - 14• CONNER, HAROLD R & CAROLINE D
MEIER, WILLIAM G III & BARBARA E 1010 WOODS MILL RD
STEPHENSON,VA 22656-2
207 PLAZA ST NE 55 - A- • 135-
LEESBURG, VA. 20176-2428
LEE, RONALD A & MARY C
55 - A- - 133- 1947 MARTINSBURG PIKE
HART, DOROTHY L. WINCHESTER, VA 22603-47
897 WOODS MILL RD
STEPHENSON,VA. 22656-2044 44 - A• • 294-
HOLY TRINITY MISSION SEMINARY
44 • A- - 292• Z9 3 PO BOX 8
CRIDER & SHOCKEY OF WVA STEPHENSON,VA. 22656.00
55A - 1• 17-
PO BOX 2530 NEWLIN, TINA
WINCHESTER, VA 22604.1730 906 WOODS MILL RD
44 - A- - 295- STEPHENSON,VA 22656-2
REXRODE, WILLIAM M & SHARON M
1099 WOODS MILL RD
STEPHENSON,VA. 22656-2046
Rebecca A. Rags ale, Planner I
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
037
036
14
08
035
I, 6�h Pm o i �i , a Notary Public in and for the State and County
aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for the Department of Planning and
Development, whose name is signed to the foregoing, dated q - q . (_) I , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this I q day of
My commission expires on
�- TARY PUBLIC
I, 6�h Pm o i �i , a Notary Public in and for the State and County
aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for the Department of Planning and
Development, whose name is signed to the foregoing, dated q - q . (_) I , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this I q day of
My commission expires on
�- TARY PUBLIC
45 -5- 2. 17-
CARLSON, RENE R
55A 1 18-
JRW PROPERTIES & RENTALS INC.
154 HUMMINGBIRD LN
22656.2014
STEPHENSON,VA
13 S LOUDOUN ST
WINCHESTER, VA. 22601.4777
45 - 5. 2- 16-
SIGLER, MICHAEL S. & JOAN B.
55A - 1- - 21•
141 HUMMINGBIRD LN
CARTER, JOHN M & KIMBERLY D
STEPHENSON,VA. 22656-2014
554 GUN CLUB RD
STEPHENSON,VA 22656-1802
55 - A- - 22-
55A 1 22-A COUNTY SCHOOL BOARD OF FREDERICK
CLARK, HERMAN M III 5 N KENT ST
WINCHESTER, VA 22601.5037
966 WOODS MILL RD 22656 2035
STEPHENSON,VA
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-
RITTER, DAVID E & NANCY M
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
45 - 9.3- 1-
HALL, WILLIAM H III & REBECCA
1081 JORDAN SPRINGS RD
STEPHENSON,VA 22656.1918
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395.
September 26, 2001
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS
RE: APPLICATION OF JORDAN SPRINGS, CONDITIONAL USE PERMIT #17-01
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on October 10, 2001, at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider
Conditional Use Permit #17-01 of Jordan Springs to establish an office use that is of equal or lesser
nonconformity than the Shalom et Benedictus treatment center. This property is located at 1160
Jordan Springs Road and is identified with Property Identification Number 44-A-294 in the Stonewall
Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will be available for review at the Handley Library approximately one week before the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
Rebecca A. Ragsdale
Planner I
O:Wgendas\Adjoiner Ltrs\2001UordanSprings.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
55A • 1• - 18•
45 -9- 3- �
JRW PROPERTIES & h... ALS INC.
HALL, WIL , i H III & REBECCA
1081 JORDAN SPRINGS RD
13 S LOUDOUN ST
STEPHENSON, VA 22656.1918
WINCHESTER, VA. 22601-4777
45 •5- 2. 17-
55A - 1- - 21-
CARLSON, RENE R
CARTER, JOHN M & KIMBERLY D
554 GUN CLUB RD
154 HUMMINGBIRD LN
STEPHENSON, VA 22656.1802
STEPHENSON, VA 22656.2014
55A - 1- - 22-A
CLARK, HERMAN M III 45 -5- 2. 16•
SIGLER, MICHAEL S. & JOAN B.
966 WOODS MILL RD 141 HUMMINGBIRD LN
STEPHENSON, VA 22656.2035 STEPHENSON, VA. 22656.2014
45 -4.1- 1-
FORTNEY, CLARK D. & BARBARA K.
1281 JORDAN SPRINGS RD 55 A 22
COUNTY SCHOOL BOARD OF FREDERICK
STEPHENSON, VA. 22656.2020
5 N KENT ST
WINCHESTER, VA 22601.5037
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. 4-
SIMONS, ERVIN W & BARBARA K
220 MONASTERY RIDGE RD
STEPHENSON, VA 22656.1923
45 -9- 3. 3-
RITTER, DAVID E & NANCY M
170 MONASTERY RIDGE RD
STEPHENSON,VA 22656.1922
This is certify that the attached correspondence was mailed to the following on
/ from the Department of Planning and Development, Frederick
County, Viirginia: 44 - A- - 296-
TRIAD ENGINEERING GARRISON, MELODEE M
CIO MELODEE SHEPHERD
Mr. Stephen M. Gyurisin 1102 WOODS MILL RD
P.O. Box 2397 STEPHENSON, VA 22656.2037
Winchester, VA 22604
55 -7.- 1. f 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 20176.2428
LEESBURG, VA.
55 - A- - 133-
HART, DOROTHY L.
897 WOODS MILL RD
STEPHENSON, VA. 22656-2044
44 - A- - 292- 193
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
STATE OF VIRGINIA
COUNTY OF FREDERICK
44 - A. - 29755a,3 4-
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
/Aha � ' . faajao
Rebecca A. Ragsdale, anner I
Frederick County Planning Dept.
I, LEM I—ff )A "U I I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for th DM
ment of Planning and
Development, whose name is signed to the foregoing, dated � Q .0 / , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this (00
day of �•% �C� 1
My commission expires on %eb w n n 1 (3 �3 , aw 5
�4cLEL
TARY PUBLIC
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 5401665-6395
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 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
i '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,
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:\Evan\Common\CorrespondencMolyTrin ityMissi onS eminary_Parcel44-A-294PcrmittedLandUseLcttm.wpd
e UP-O/7 0)
Submittal Deadli - --Z
P/C Meeting BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Appli a . (The applicant if the owner other)
NAME:ir-36, il.���l!�
ADDRESS:
TELEPHONE 'FqO "62&-7� � �'I�' � � N�'GY��-�5►�
2. Please list all owners, occupants, or parties in interest of.
the property:
r :7MT�4
S. The property is located at: (please give enact directions and
include the route number of your road or street)
MA Ck-
4.
5.
V
7.
The property has a road frontage of -'; Coto -Ff feet and a
depth of 2o00 -Y- feet and consists of �I,uH acres.
(Please be exact)A�'r+i
The property is owned by as
evidetoed by deed from W-4A Vey?- recorded
(previous owner)
in deed book no. ZZ on page; I.ir� , as recorded in the
records of the Clerk of the Circa t Court- County of
Frederick. -A -*V 2-3l .P<�'
14-Digit property Identification
Magisterial District 5t�r��pc4c
Current Zoning Rik--.W2M- Psi
Adjoining Property:
North 2AL-- VPCAr,1T
East gn,atlif'CC_
South �U 1
west
No. qe-I - .R 4 - -- - �� J-O rdCe /1--,
ZONING
iZO04"—
K c
SEP 0 7 2001
70T OF pi AN1N11nir,/nFVEi OPMENT
SEP-06-2001 15:24 TEI bJINC P.03
S. The type of use proposed is (consult with the Planning Dept.
pefore completing)
rMM
9. It is proposed that the following buildings will be
constructed: /13W(F:
10. The fallowing 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 bank if
necessary.) These people will be notified by mail of this
application:
NAME 14 V,�4L.,
ADDRESS(��.
PROPERTY ID ,# 5-5i " I
NAME VJl i. (-10\c 6 TIC
ADDRESS
C , Mal -
� � Ll�k �� S"7 4•
PROPERTY ID# SS - 2 -y I
NAMI3 1 7 D '{�I L- `{`�� �![_r
ADDRESS
6CI- n M t tl ,L- �.
JIB-
PROPERTY ID#
N.AME (? ()QQ JrQ .,
ADDRESS
PQ
PROPERTY 1Di qq - A - n7- 4 A - a21
NAME ��I.U�{PV�r �7� M ,
ADDRESS
TD:�Oi 44 ~ A -2qf
PROPERTY
NAME MS �� M •
ADDRESS
1 l (:) Z- VJCW-'l MILL-
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PROPERTY IDS HLk- A=lek
NAME P A-J?AUP k LAC UrJ� D
ADDRESS
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PROPERTY ID#,y�.�i
NAME � � � M _
ADDRESS
PROPERTY ID#
fiEG VED
SEP 0 7 2001
-oT nF ai ANiNiwrmFVFI.0PMEN"1
SEP-06-2001 15:25 TEI WINC
P.04
NAME `fit r-.Ak rJVi-J Ll ^�
PROPERTY ID, -
NAME JI?YJ
7M J-It r
PROPERTY ID#
NAME IrJ / l'
PROPERTY ID#/�
ADDRESS Cv Y
ADDRESS
.ADDRESS
NAME +b V )"VJ AA FEADDRESS
PROPERTY ID#
NAIL �,( Fl�IL T); ADDRESS
PROPERTY D f � _ y
NAME� f/il f � �� � � > Ji�� �� (�f-1� ADDRESS
PROPERTY ID# `I, �- - Lf_ f (f )1 -
NAME �� �� �jrl l �; *,� �P v ADDRESS
PROPERTY IDt
NAIL
PROPERTY I D# LfV7 -q -((()) L -�
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PROPERTY ID#'t1�" Z-
PROPERTY ID # `j - Liz 3
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ADDRESS 1,54-Yorvm ( t- bIr�17 LA-�-L
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ADDRESS PD JUX 2-
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ADDRESS 170
N �- -p- ADDRESS
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PROPERTY IIDi
NAME
PROPERTY ID#
ADDRESS
NAME ADDRESS
PROPERTY ID#
H,LE
6 93 1 \
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4 93
45 93
CRIOER 88J1OCKEY WC CF WJA 664 /ice /
„ A 292 45 93 3 9M7r19
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lRIOER 8 SHOCKEY WC OF WJA C.- M A 294
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CUP#17 - 01
Location Nlap For:
Jordan Springs
PIN:•
44-A-294
Dept. of Planning and Development, 09/01,
1 1 _ LOCHHART
s
S
N t" W
33 j 6
Np/e 4 MA6NETiC5 /954
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BA/LEY N/c �E 3
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t LAND OF COOPER
`n 3 y.
3 o W. P. M. S TO VER v
H. f- BLNNEt Esr• °, 74.49 ACRES
P 9
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W. N . Al. STOVER
l F 3 j
'Z3S
13
Ns3. ja
/0 5'
III
S UR vQ Y410 ,I UNG- 4, /95L
A ICNARO U. GOOOE LOCATED ABour 4 % M/LEs
CER�i�iEo SURVEYOR NORTHEAST OF WINCNESTEA,
ON BOTH S/DES OF ROAD /VO-
664, /N rj'TONE•WALL D1sr, 1cr,
FREOER/CfC Couvey, , VA.
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 15th day of
July 1952 at 1:00 P. V. and with certificate of acknowledgment thereto annexed was
admitted to record.
Q /z"6—); "�_, C LERK
5uAVaYEO MAY L!, /95L
%i/CHAAO U. GOOOE
CEATi FIFO JuRvEYo,(
\\ ao'
O
Ile,,,
LOCATED AeoUT 4 Z Ma es-
A/ORTHE.A5r OF W//y C/IE-S rER
/N STONEWALL D/3 TR/CT,
FIT EDER/CH COUNTY, VA.
EEP-95-2001 15:25 TEI WINC
P . 06
12. Additional comments, if any:
i (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application,. I underE;tand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until, after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Davelopment Department to inspect your property where the proposed
use will be conducted.
R
4
Signature of Applicant
71-1
Signature of Owner Missionary Servants of the Most Holy Trinity
Owners' Mailing Address 9001 New Hampshire Avenue
Silver Spring, MD 0
Owners' Telephone No.
301-439-0333
TO HE COMPL8T Q BY 40Nj;NG ADMINIUIR�xO
USE CODE:
RENEWAL ?ATE:
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
The local office of the Transportation Department is located at 1550 Commerce St. in Winchester
if you prefer to hand deliver this form.
Applicant's name, address and phone number:
0 Z39-7 -
i-ff)t,1E ; --wo -< `Z -a_ loci % S -ldv7 -Zoo
Name of development and/or description of the request:
- -rat -(►fir �F � 01�E C fE- - -
rJ�v� +T�I T1-t►2rJ " }tJl t�z�`7 l��J �� �#C�D LIE
cation:
. — A
Va. Dept. of Transportation Comments:
The application for a conditional use permit for this property appears to have little measurable impact
on Route 661, the VDOT facility which would provide access to the property. Prior to operation of
e ousiness a comnercia entrance must e constructed to our minuTum standards o allow For sae egress
a 1 and iisP r�rmi t Tht- pi-rmi 1- is i ssnan by this nffi ra nd reqii rPs an i nsuarti nn fPP and surety bond
coverage. Thank you for alowing us the opportunity to conment.
VDOT Signature and Date:
O' Transportation Engineer 09/07/0.
(NOTICE TO RESIDENT ENGINEER*PLEASE RE THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency
with their review. Also, please attach two (2) copies of your application form, location map and all
other pertinent information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department
Attn: Building Official
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5650
The Frederick County Inspections Department is located at 107 North
County Administration Building in
Kent Street, 4th Floor of the
Winchester, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
ame of
`ice— _ r: _—�
development and/or description of the request:
rJy
Location:
lj
Inspection Department Comments:
No change of use permit required for B, (Business) use in this structure. Plpas
contact our office if renovations are to occurr for permit requirements.
Code Administrator Signature & Date: d /
(NOTICE TO INSPECTIONS DEPT.*PLEASE R N I ORM TO PL T•)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to as ist a h their review. location map and
please attach a copy of your pPlication form,
other pertinent information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Fire Marshal
ATTN: Fire Marshal
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6350
The Frederick County Fire Marshal is located at 107 North Kent
Street, 1st floor of the County Administration Building in
Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
j �wp i rJ r (� M - 6, v f i r rJ
w213c�t�riz �Pr -Zzc�1
ce&-7 22��
Name of development and/or description of the request:
Location:
Fire Marshal Comments:
Fire Marshal Signature & Date
(NOTICE TO FIRE MARSHAL - PLEASE RETURN S FORM TO APPLICANT.
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map and any
other pertinent information:
Fieldl :
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. CUP01-0018 Date Received 9/6/01 . Date Reviewed 9/10/01
Applicant Triad Engineering
Address P.0.130X 2397
Winchester, Va. 22601
Project Name Shalom et Benedictus
Phone No. 540-667-9300
Type of Application Conditional Use Current Zoning
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 Inadequate Not Identified XX
Fire Lanes Required Yes XX No
Comments : Emergency vehicle access maintained per NFPA 299, 12 ft. width
14.5 ft verticle. Access to normal & emergency building ingress &egress points,
Roa�lc way Aisleway Widths Adequate Inadequate Not Identified XX
Special Hazards Noted Yes XX No
Comments : Maintenance of existing Fire Sprinkler system and current recall
procedures for existing sprinkler heads.
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 I Title _\'�
Memorandum
To: Evan Wyatt, Director
From: Stephen Gyurisin
Date: 09/07/01
Subject: CUP - Jordan Springs - County Court Reporters
The regulatory review agency for the Jordan Springs ( County Court Reports ) CUP is the
Department of Environmental Quality (DEQ). Attached you will find a copy of the applicable
permit. Permit Number. VA0029653
Should you have any specific questions regarding the permit you may call Mr. Keith Fowler with
DEQ at 540-574-7812.
COMMONWEALTH of VIRGI IA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
CHARLES D. NOTTINGHAM EDINBURG, VA 22824
COMMISSIONER
September 11, 2001
Mr. Evan Wyatt, Pla li ilnlg. 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:
JERRY A. COPP
RESIDENT ENGINEER
TELE (540) 984-5600
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 will be
required accompanied by an engineered drawing.
I trust this information will be helpful.
Sincerely,
Steven A. Melnikoff
Transportation Engineer
SAM/rf Attachment HECEIVER
xc: Mr. Dave Heironimus
Mr. Steve Gyurisin S �' i 2001
°T OF PLAN NINGIDEVELOPOt'
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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
"Ahei
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.
rector, Dep4-tment of Environmental Quality
�vn e A6f r997
Date
Perim t % VA0029663
Page 1 of 8
PART 1
A. INTERIM EFTUENT LIMITATICDS AND K]NITCRINS RECIAR D'EMS
1. During the period beginning with the permit's effective date and lasting until the catmffame rt of discharge from the upgraded facility in aomdance with the Schedule of Cmpliance in Part I.C., the
permittee is authorized to discharge from outfall serial rurber 001.
Such discharges shall be limited and rrmitored by the permittee as specified below:
EFFLLENT QW-OCUISTICS
DISCjAU LIMITATICNS
MCNITDRITJ
KOJIf�fN1�
M_ OIY Average Wk*ly Average Hlnimm
xM3 mm
Erb f
Samle Tvoe
Flow (M17)z
N_ N4 94
W
1/Day
Estinate
pH (standard ants)
N4 NA 6.5
9.5
1/Day
Grab
KlD
30 mg/l 0.8 kg/d 45 ag/l 1.2 kg/d NA
NA
IM31th
Grab
9iWlded Solids
78 m.I/1 2.1 kg/d 117 mg/l 3.1 kg/d N4
NA
Iftnth
Grab
Total Residual Chlorine (M) (mg/l)3
NA NA N4
NA
IINY
Grab
N_ - No Limitation, mxritoring required
NA - Not AFplicable
2. The desigi flow of this treatment facility is 0.007 KD.
3. See Part I.B. for W limitations.
4. There shall be no discharge of floating solids or visible foam in other than trace arwrts.
Permit No. VA002%53
Page 2 of 8
A. FINAL UTUOT LIMITATIX NV Fi 11TRI% REU) FUENTS
1, tpw mmnar_emmt of discharge from the upgraded facility, the following effILirt limitations and monitoring requirerents shall beorne effective at outfall serial nrber 001 arcs ruin in effect until the
permit's e)piration date-
Suzh discharges shall be limited and monitored by tyre permittee as specified below_
gen
pjc(11NX;< LIMITATIONS
KliT1RINI
KOAR111tM5
Mxrtltly Avera4e
Weekly
Mini
MW
(
Sample Tvoe
Flaw (MD)'
N
NA
NA
N-
1/Day
Estimate
pH (standard units)
N4
N4
6.5
9.5
1/Day
Grab
CWD� (Am - Wvarber)
16 mg/1
0.42 kg/d
24 mg/1 0.64 kg/d
NA
W1
IMo nth
Grab
03A (D - Vey)
25 mg/1
0.66 kg/d
40 rrg/l 1.06 kg/d
NA
NA
1Rtrnth
Grab
Suspeided Solids
30 mg/l
0.8 kg/d
45 ng/1 1.2 kg/d
NA
NA
1/Nbnth
Grab
Total Residual Chlorine (TRC) (mg/))'
NA
NA
NA
N4
I/Day
Grab
Amonia-N (Jule - Novarber)'
1.8 mg/l
0.05 kg/d
NA
NA
1.8 mg/l 0.05 kg/d
1/htrrth
Grab
Amn nia-N (Decerber - May)'
2.9 mg/l
0.0B kg/d
N4
NA
2.9 mg/l 0.06 kg/d
1/Mxrth
Grab
Di load nx (mg /1)
NA
NA
5.0
NA
1/Day
Grab
sso
N- - fb Limitation, monitoring regaired
NA - Not PFplicable
2. The design flaw of this treatment facility is 0.007 MID.
3. See Part I.B. for TRC limitations.
4. See Part I,D. for additional monitoring instructions.
S. There shall be no discharge of floating solids or visible foam in other than trace amounts.
UU/U//Ul
, .;rmit No. VA0029653
Part I
Page 3 of S
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/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 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 permif 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.
UU/U'//U1 VAJ 11:40 rAd UgV404a041 �a aau aaaaa a i . aavua o
a 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 Rgquioments
Monthly Avg; Frequency am e —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.
VU/ V (/ V1 Pill 11. YU 1'AA UY VYVYUVYI as tv...a aqua a ivvaav ua p
JL Crmit 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:
i. 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.
r 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
rennit'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 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 b4U434bd41
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
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
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.
UU/UI/U1
Perm, .;o. 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 permitfee shall periodically calibrate and perform maintenance procedures on all
monitoring and analytical instrumentation at intervals that will insure accuracy of
measurements.
B. Reoords
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.
C. Reporting Monitoring Results
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:
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.
D. Duty 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 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.
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 Discharges
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,. -.4o. 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 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
S. 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. Rpports 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;
Pemm 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.
I. Reports of Nonc 2mplian e
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 ILIA -
or 2., in writing, at the time the next monitoring reports are submitted. The reports shall
contain the information listed in Part 111.1.2.
NOTE: The immediate (within 24 hours) reports required in Farts 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:
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 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. Signatory 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
i
Pem,,t No. VA0029653
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. 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.
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
i
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 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 Reavnly
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 infringement of Federal, State or local law or regulations.
o. tate aw
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 510 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.
Pcrrm. No. VA0029653
Part 1I
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
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 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 rninimie 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. Nqed t2Halt 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
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
H.U.2. and U.3.
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 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. 14 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:
l
Permh 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•II.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 pemuttee'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.
Pern'— No. VA0029653
Part II
Page 11 of 11
Y. Transfer of Permits
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 H.Y. I., 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
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.
► a ,
lJ 6 ; /
#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 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
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.e'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 Gilber
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 36--!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 631 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. 6641for the following 3 courses: N 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'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 36j deg. W 1494 ft. to the point of beginning contain
ing 74.49 acres, more or less." I'
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 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 iro. 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,i819 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 set stone at a fence corner;
thence N 171 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 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 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 §ycamore tree; thence S 23j deg. E 387 feet to the point of'beginnii
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 subje
to all the reservations, restrictions, rights of way and covenants contained in the
ag,
aforesaid deed, and contained in the deeds referred to in the aforesaid deed, and
otherwise of public record.
FIRST FLOOR
-MEby�-'
27 Inch Toro Lawn Mower - Power
Driven
1 New
$285.00
2-1/2
H.P.
u u n "
24 - Power
Driven
2-1/4
Picture of Coliseum (framed)
H.P.
1 New
1
225.00
Picture of Classical Ruins (framed)
1
25.00
25.00
Rocking Chairs
Army Cot
5a
$ 9.00
45.00
1
5.00
(BALL ROOM)
Yacht Chairs
Rocking Chairs
42a
$ 5.00
$210.00
Rustic Picnic Tables
6A
2a
9.00
30.00
54.00
60.00
Rustic Lunch Tables
Rustic Chairs for Tables
2a
8a
10.00
20.00
Rustic Settees
3a
5.00
25.00
40.00
75.00
Rustic Chairs
Hickory Armed Settees
6a
2a
15.00
18.00
9a.,Q0.
Hickory Chairs
4a
15.00
36.00
60.00
Metal Lawn Table with Parasol
la
30.00
Metal Chair
la
5.00
C.F
.20 piano player rolls
p. p y
Total, Page
$100.00
L ..... $1,395.00
ROB
.
Roger Co Butts
Ball Room, First Floor
Ping Pong Tables - New
cont'd.
2a $ 45.00
$ 90.00
Fire Place Andirons
1 set
Fire Place Screen
1
Oak Side Board
1
I/b.00--
Golf Club Rack
1
20.00
Ping Pong Paddle Rack
1
10.00
Plastic Croquet Sets (4
Play) 2a 1.0.00
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 A
---
DINING
ROOM,
FIRST FLOOR
Bakelite Top Tables, 30 x 30
if
5a
$ 15.00
$ 75.00
" 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 $ I00:iRi 300.00
Step Ladder glass doors 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
815.00
Dressers
lla
35.00
385.00
Stands
4a
8.00
32.00
Floor.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
Roger C. Butts
SECOND FLOOR (cont'd.)
Waste Paper Baskets
15a
Steel Cots (with mattresses) Roll Away 2a
Steel Cot (with -mattress)
la
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
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
COTTAGE
Oil Heater (6 room automatic circulator
la
Tables (rou h)
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
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 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 Uupriced, pages 1 through,4
Chloringting Machine $450.00
Page 1
-
1,395.00
Page 2
-
T39346.00
Page 3
-
$3,068.00
Page 4
- 116.00
$7,925.00
75.00
$8,000.00
$ 1.00_
30.00
10.00
150.00
100.00
4.00
2.00
3.00
1.00
1.00
$20.00
10.00
Total, Page 3
.$7.00
$ 15.00
60.00
10.00
600.00.
1100.00
84.00
4.,;OQ _
66.00
8.00
22.00
1.00
5.00
30.00
75.00
$ 75.00
10.00
50.00
100.00
10.00
5.00
9.00
25.00
50.00
.0
50.00
35.00
3. UU
$330.00
100. Qu '
30.00
20.00
20.00
$3,068.00
$ 3.00
5.00
Total $ 116.00
$ 75.00
Total
Roger C. Butts
Franklin Development
Foundation, Inc.
$8,000.00
1 Witt Go ige Can & Cover, Galvanized
4 Steam role Covers, stainless steel
1 Collander
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 Stover:
1 Bar - 80" Wrecking
1 Post Hole Digger
1 Digging Iron
1 Set Pipe Dies, Ratchet Type, adjustable 1", 1-1/4" , 1-1/211, 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.
- - ..... .....
reference is made.to photo copy of said Sheet No. 4 of Right of Way Map,
showing outline4
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 facilit
as may be necessary..
WITNESS the following signatures and seals:
REVENUE STAMPS FRED E. UNGER
$0.55 # (SEAL
CANCELLED # BETTY L. UNGER (SEAL
tt-xaa�t�;r�tt-tt�c�H�u-tt
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.
VIRGINIA
FREDERICK COUNTY, (SCT.
My term of office expires March 22, 1955.
Given under my hand this 8th day of May, 1952.
EMORY S. MARCHANT
Notary u ic.
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.
#883 #
JOSEPH A. MASSIF, JR. ADMR. #
TO :: DEED #
W. H. M. STOVER, INC.
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
Les
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 �-Iat certain tract or parcel of land --near Jordan Springs,
In Frederick County, Virginia, which descended to J. W. Benner, Saiiy 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. `1'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
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 Nortl
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
follows:
Beginning at (1) a point in the center of Road No. 664 and
site an elm tree in a fence corner on the west side of the road, corner to th&land of
Rexrode; thence with the North fence line of the land of Rexrode N 80 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 intersectic
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 thb East fence line of Rutherford's
4
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 feet to (5) a set stone at a fence
corner; thence N 561P. deg. W 900 feet to (6) a set stone at a fence corner; thence N 171
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 Baile
N 475 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* 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 232 deg. E 387 feet to the point of beginning, containing
183.01 acres, more or less.
i
The said Joseph A. Massie, Jr., Administrator de bonis'non, cum j
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.
7E##iEiE9EdHEaEiE9E9E9E4E9E7E3E4E9EiE#iEiE JOSEPH A. MASSTE JR. (SEAI
REVENUE STAMPS joseph A. Massie,_Vre, AdminiNtratc
$7.70 de bonis non, cum testamento annexc
CANCELLED -of the Estate of H. J. Benner,
aErEE�r�t-ttaEa;E-sEEEaEeHE 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.
S&AVEYEO MAr 24, /9sr
/Q/CHAAD U. G000c
CFAr,,zo JuRv_-Y-o (
I
.TTTANT111A a W(W
if
LoCArEO 400ur 4% M/tes
AloxrNEAsr OF W//✓CN�STER�
/ N 5 TONE WAGG
FREDER/G K COUNTY , VA.
BA/LEY
VIRGINIA
FREDERICK COUNTY, (SCT. j
r
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.
C LERK
itiFitititiFit#dt-�:t3H4�FiFJNF,`Eii^ii-1Ht#iFJF:Htii3E�tdHNt :i#icltiHfiE i
#884
W. H. M. STOVER, INC. ,F
TO :: : DEED OF 'TRUST
J. SLOAN KUYKEICALL, ET AL, TRS. �+
F#iFiFiFiNFiF#-?Fit�FiF#iFiHFititiHh`iit-2FitiF :tiF#
THIS DEED OF TRUST made and dated this 15th day of May, 1952, 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
i
iank
ayne A. Whitham, 'Trustees, parties of the second part; and the Shenandoah Valley National
of Winchester, at Winchester, Virginia, party of the third part. l
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
I
F'ircuit Court of Frederick County, Virginia, in Deed Hook 199, at page 362, acquired a
,certain tract or parcel of land containing 74.49 acres, together with improvements
thereon and ap
purtenances thereto belonging, known as 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
I
WHEREAS, by a certain deed of trust, bearing date November 15, 1
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 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 party of the first part has, by deed bearing date I
the 15th day of May, 1952, of record in the aforesaid Clerk's Office, in Deed Book
s
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
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 -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.
NOW, THEREFORE, WITNESSETH:
That, for and in consideration of the sum of One Dollar
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 41ja 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 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 4a 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; 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 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 171 deg. W 250 feet to (7},4 set stone at a fence corner; thenceN 45 deg. E
140 feet to (8) a set stone at a fence corner, a corner between Rutherford and Bailey;
,thence with Bailey N 4712 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 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 ani
opposite a twin sycamore tree; thence S 231 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 attach
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 herein conveyed to the said
J. Sloan Kuykendall and Wayne A. Whitham, Trustees, and their successors forever.
BUT UPON `!'HIS 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-
-.elusive, 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 do- }e -at the rate of six per cent per Apnum, payable semi-
annually, and are payable to the -party of the third part or order, 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;
I
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 iVo. 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 trus
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
iany 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
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,
Ior 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 whethe
;all of said bonds shall have matured according to their tenor or not.
I
Thee party of the first part covenants.that it will pay all taxes,,
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 keep the improvements on the property
herein described in a tenantable condition, whether such improvements were on the propert
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
r
11
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 herei
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 Cour
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
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
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
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. duly endorsed for the protection Of the AAfArrAa pnrnhnQg ,nnnatr
7
debt. I .
Out of "le proceeds from the sale of T'rac' -No. 1, the 'Trustees
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 amc
of.said sale to the said Trustees, and any balance of legal counsel fees incident and
necessary to the enforcement hereof.
Second: Any balance If 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
party of the first part, its successors or assigns.
WITNESS the signaturelof W. H. M. Stover, Incorporated, by Char
E. Stover, its President, and the seal of said corporation duly affixed and attested by
W. H. M. Stover, its Secretary:
(SEAL)
Attest:
W. H. M. STOVER
oecre•cary --
State of Maryland
City of Baltimore, to -wit:
I, Joseph E. Kraft, a
County aforesaid, hereby certify that Charles
and Secretary, respectively, of W. H. M. Stove
i
i to the foregoing and annexed deed of trust, pe
edged the same in my State and County aforesai
W. H. M. STOVER, INCORPORATED
By.
CHARLES E. STOVER
President
Notary Public in and for the State and
. Stover and W. H. M. Stover, President
7, Incorporated, whose names are signed
?sonally appeared before me and acknowl-
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
o ary u a.c
j LAND OF W1. H. M. STOVER
74.49 Acres
I
On June 4, 1952, I surveyed the tract of land shown on the
j attached drawing, located on both sides of Road No. 664 about 4j miles Northeast of
Winchester, Virginia and situate .in Stonewall Magisterial District, Frederick County,
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 63j deg! E 1174 ft. to (2) a point in the center
i
of Road No. 664 and in line with the South fence line of the land of Bailey; thence wit]
the center of Road No. 664 for the following 3courses: lY 1613a 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 cent(
of Road No. 664 and in line with the 6outh 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 Orndorfl
S 15 deg. 05 min. E 838 ft. to (7) a black oakltree'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)
unt
:s
-- -- -- -.-..._.—.__._...._.-.._..-._ ..._-.-..._....-.--.------
a postin 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 Bells 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 tree at an angle in a wire fen,
thence N 361 deg. W.1494 ft. to the point of beginning containing 74.49 acres, more or
less.
N. T- bo vt4r,t Es r.
To
W. N. M. 5rovcq
13
N83'N
/oT,
1
s
N O.W 333 1
N
tz.a�
H.yE��
z
LOCK/,l,9Rr
?a .
Richard U. Goode
Certified Surveyor
MAGNET/CS /95G
S CA [ ,C / "= SOO
OR NDOFF
Se..
a
--_
SuAvar,co JuNE 4, /96z LoGATEo ABour 4 % /i'/LES
R/CNARO U. GOOGE
CEAT/F/EO 50Rv6YOR NORTHEAST of W/NCNE57dIQ,
on BaTH S/D,ES of ROAD NO.
664¢, 11v jroNEWAcz. D/srt/cr,
FREOER/CK Covmry , 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.
'CLERK
TURNER
REAL ESTATE, LLC
COMMERCIAL • INDUSTRIAL • RETAIL
R. J. Turner, M.B.A., M.S.
2971 Valley Avenue
Winchester, Virginia 22601
Licensed Broker in Virginia, Phone (540) 722-2200
West Virginia, and Maryland Fax (540) 722-2212
+l C
/C/y r7
:� V
Economic Analysis
of the Tax Benefits
to Frederick County, VA
of the Rezoning of
10 acres to B2: Commercial
and 263 acres to RA
Land
Current
New
Total Land
Tax
Acres
Assess. Q1
Assess. 2
Value
Rate 3
Tax
263
$ -
$ 6,000
$ 1,578,000
$ 0.0061
$ 9,626
10
$ -
$ 20,000
$ 200,000
$ . 0.0061
$ 1,220
Total
$ 10,846
MBuildings
Current
New
Total bldg.
Tax
Sa• ft.
Assess. M
Assess. L31
Value
Rate 4
Tax
47,000
$ -
$ 40
$ 1,880,000
$ 0.0061
$ 11,468
Machine
Tax
Acquisition
Tax
Price (61
Rate 5
Tax
$ 300,000
$ 0.0420
$ 3, 780
Annual Total
to Frederick County
$ 26,094
Notes
(1)
Currently owned by non- orfit organization.
(2)
Per acre price based orl I r e tracts. owned by Shockey.
3
Pure guestimate.tkS
4
$0.61/$100 of ass ss en .
(5)
Actual Cost x 30% = assessment; then $4.20/$100 of assessment.
(6)
Computers, servers, telecommunication equip ment, etc.
t,
`rglnia 22601
.�3L SI 1 � y$ s� � y"
utl ��' ��1r
4'"'':�• (�.v` i l
t�
Vl l%y j Z7
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i 1 ;:
Y TRINITY MISSION SEMINARY
P0. BOX 8
STEpHENSON, Vq,
22614EIV ED
OCT2 6 zool
"r nFPI.ANNINGIoFVFLOPMFnr
- c;l
COPY FOR YOUR
�.Zter\ INFORMATION
COUNTY of FREDERICK
° Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
IN Jl'Irlr'\TIUNI Ur PUBLIC H-EANINIG
October 24, 2001
TO: - THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS
RE: APPLICATION OF JORDAN SPRINGS, CONDITIONAL USE PERMIT #17-01
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on November 7, 2001, at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider
Conditional Use Permit #17-01 of Jordan Springs to establish an office use that is of equal or lesser
nonconformity than the Shalom et Benedictus treatment center. This property is located at 1160
Jordan Springs Road and is identified with Property Identification Number 44-A-294 in the Stonewall
Magisterial District.
Additionally, this application will be heard the following Wednesday, November 14, 2001, by the
Frederick County Board of Supervisors at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester; Virginia.
Any interested parties having questions or wishing to speak may attend these public hearings. A copy
of the application will be available for review at the Handley Library approximately one week before
the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in. Winchester, Virginia. - .
Sincerely,
4v'o �
Rebecca A. Ragsdale
Planner I
RAR/ch
107 North Kent Street • Winchester, Virainia 22601-5000
August 02, 2001
Mr. Evan Wyatt AUG n
Director of Planning 7EPT, OF PP
Frederick County Planning Department
107 Kent Street
Winchester, VA 22601
RE: Office use of Jordan Springs
Tax ID Number 44-A-294, Jordan Springs Road (Rt. 664)
Frederick County, Virginia
Dear Mr. Wyatt,
As a follow-up to our meeting and telephone discussions regarding the office use of Jordan
Springs for the corporate office headquarters of County Court Reporters, Inc. and Court Reporting
Consultants, please consider the following for your use and determination.
County Court Reporters, Inc. and Court Reporting Consultants is a local business on the
leading edge of technology in the field of court reporting and associated software with worldwide
clients. The owners, Tonie and Greg Aitken wish to use Jordan Springs as the corporate
headquarters for County Court Reporters, Inc. and Court Reporting Consultants. Both Tonie and
Greg Aitken have a keen interest in historic preservation, and have spent much time and money
restoring their home located in Frederick County, Virginia as well as the current corporate
facilities for County Court Reporters, Inc. and Court Reporting Consultants located on Cork Street
in the City of Winchester, Virginia. Tonie and Greg have pledged the same level of commitment
for preservation of the Jordan Springs.
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:
- The "hotel or main building" which consists of approximately 29,150 square feet.
- The "administration building" which consists of approximately 2876 square feet.
- The "shop building" which consists of approximately 4840 square feet.
- The "original house" which consists of approximately 1750 square feet.
Mr. Evan Wyatt
RE: JORDAN SPRINGS
Page 2
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 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.
On behalf of the owners, I request that County Court Reporters, Inc. and Court Reporting
Consultants be permitted to use the office / reception / meeting portion of the Jordan Springs
property immediately for their business use as a continuation of the nonconforming use. The
proposed office use is certainly less intense than another anticipated drug and alcohol center.
Sincerely,
TRIAD ENGINEERING, INC.
Stephen M. Gyurisin
Director of Planning & Development
August 02, 2001
Mr. Evan Wyatt
Director of Planning
Frederick County Planning Department
107 Kent Street
Winchester, VA 22601
RE: Office use of Jordan Springs
Tax ID Number 44-A-294, Jordan Springs Road (Rt. 664)
Frederick County, Virginia .
Dear Mr., Wyatt,
As a follow-up to our meeting and telephone discussions regarding the office use of Jordan'
Springs for the corporate office headquarters of County Court Reporters, Inc. and Court Reporting
Consultants, please consider the following for your use and determination.
County Court Reporters, Inc. and Court Reporting Consultants is a local business on the
leading edge of technology in the field of court reporting and associated software with worldwide
clients. The owners, Tonie and Greg Aitken wish to use Jordan Springs as the corporate
headquarters for County Court Reporters, Inc. and Court Reporting Consultants. Both Tonie and
Greg Aitken have a keen interest in historic preservation, and have spent much time and money
restoring their home located in Frederick County, Virginia as well as the current corporate
facilities for County Court Reporters, Inc. and Court Reporting Consultants located on Cork Street
in the City of Winchester, Virginia. Tonie and Greg have pledged the same level of commitment
for preservation of the Jordan Springs.
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:
- The "hotel or main building" which consists of approximately 29,150 square feet.
- The "administration building" which consists of approximately 2876 square feet.
- The "shop building" which consists of approximately 4840 square feet.
- The "original house" which consists of approximately 1750 square feet.
Mr. Evan Wyatt
RE: JORDAN SPRINGS
Page 2
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 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.
On behalf of the owners, I request that County Court Reporters, Inc. and Court Reporting
Consultants be permitted to use the office / reception / meeting portion of the Jordan Springs
property immediately for their business use as a continuation of the nonconforming use. The
proposed office use is certainly less intense than another anticipated drug and alcohol center.
Sincerely,
TRIAD ENGINEERING, INC.
Stephen M. Gyurisin
Director of Planning & Development
HP OfficeJet
Personal Printer/Fax/Copier/Scanner
Last Fax
Date Time Type _ Identification
Aug 10 3:22ph, Sent 96672260
Result:
OK - black -and white fax
OK color - color fax
Fax History Report for
Frederick County Planning
665-6395
Aug 10 2001 3:24pm
Duration Pages Result
1:21 3 OK
FAX TRANSMISSION
FREDERICK COUNTY PLANNING DEPARTMENT
107 North Kent Street
Winchester, VA 22601
(540) 665-5651
Fax: (540) 665-6395
To: Steve Gyurisin Date: August 10, 2001
Fax #: (540) 667-2260 Pages: 3, including this cover sheet.
From: Evan A. Wyatt
Subject: Holy Trinity Mission Seminary
O
COMMENTS
Steve:
We will mail the original to your attention today. Please give me a call if you have any questions.
Have a good weekend!
UAEvan\Con=on\Fax Sheets\TriadEngineering=SteveGyurisinpAX.wpd
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 ofthe 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 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, AIC
Planning Director
cc: Charles W. Orndoff, Sr., Stonewall District Supervisor
John R. Riley, Jr., County Administrator
Kris C. Tierney, Assistant County Administrator
U:\Evan\Common\Correspondence\HolyTrinityMissionSeminary_Parcel44-A-294PertniltcdLandUseLetters.wpd
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
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 Trinily 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 ofthe 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 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
i _"
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:\Evan\Common\CorrespondenccUHolyTrinityMissionS eminary_Parcel44-A-294PerrnittedLandUseLetters.wpd
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX:540/665-6395
MEMORANDUM
TO: Finance Department
FROM: Karen A. Cain, Receptionist/Office Assistant 1
SUBJECT: Return Of Sign Deposit
DATE: November 20, 2001
The amount of $50.00 was deposited in he item #3-010-019110-0008 for the company named below
as a deposit for a sign for Conditional -Use Permit #17-01 Jordan Springs. They have now returned
the sign and are therefore entitled to the return of their deposit. You may pay this through the regular
bill cycle.
Please send a check in the amount of $50.00 to:
Triad Engineering
P.O. Box 2397
Winchester, VA 22604
RSA/kac
U:Wamnikarens'siuMCommon�SIGNRTRN. ST\niesmersIGNDEP.PERwpd
i
FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX:540/665-6395
November 15, 2001
TRIAD Engineering, Inc.
Mr. Stephen M. Gyurisin
P.O. Box 2397
Winchester, VA 22604
RE: CUP #17-01 OF JORDAN SPRINGS; Property Identification Number 44-A-294
Dear Steve:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
November 15, 2001. Your request, Conditional Use Permit #17-01 to establish an office use that is of equal
or lesser nonconformity than the Shalom et Benedictus treatment facility (County Court Reporters, Inc.) was
approved with the following conditions:
1. All review agency comments shall be complied with at all times.
2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of CUP
approval.
3. All parking areas shall be hard surfaced with asphalt and striped. Compliance with these conditions
shall occur within 180 days of CUP approval.
4. All vegetation within close proximity of all travel ways serving access to the structures shall be
maintained to provide a 15-foot vertical clearance for emergency vehicle access.
5. All applicable permits shall be obtained from the Department of Environmental Quality for the use and
maintenance of the health system.
6. Land use shall be limited to general office with the exception of residential above the shop building.
Occupants of the shop building shall be limited to maintenance personnel.
7. One business sign shall be permitted. It should be ofmonument-type construction and limited to fifty
(50) square feet in size or a placard.
8. A site plan shall be approved by Frederick County for applicable site improvements. Any future
expansion or structural development shall require an amended site plan.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
4 4��
Rebecca A. Ragsdale, Planner I
RAR/ch
cc: Harrington Smith, Shawnee District Supervisor
Jane Anderson, Real Estate
O.\Agendas\Approval Itrs\CUP's\2001 VordanSprings.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
PC REVIEW: 11/07/01
BOS REVIEW: 11/14/01
CONDITIONAL USE PERMIT #17-01
JORDAN SPRINGS
To establish an office use that is of equal or lesser nonconformity than the
Shalom et Benedictus treatment facility
LOCATION: This 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: Occupied by maintenance staff for the upkeep of existing structures and grounds
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Vacant and Residential
PROPOSED USE:...Office space for the County Court Reporters/Court Reporting Consultants
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 664, the VDOT facility which would
provide access to the property. Prior to operation of the business, a commercial entrance
must be constructed to our minimum standards to allow for safe egress and ingress of the
property. Any work performed on the States' right-of-way must be covered under a land use
permit. The permit is issued by this office and requires an inspection fee and surety bond
coverage. See also the attached letter and sketch dated 9111101 from Mr. Steven
Melnikoff, VDOT Transportation Engineer.
Fire Marshal: Additional uses of other building portions may be cause for additional
comments. Emergency vehicle access maintained per NFPA 299, 12-ft. width/14.5-ft.
vertical. Access to normal and emergency building ingress and egress points. Maintenance
E
•
Jordan Springs CUP # 17-01
Page 2
November 8, 2001
of existing fire sprinkler system and current recall procedures for existing sprinkler heads.
Inspections Department: No change of use permit required for business use in this
structure. Please contact our office if renovations are to occur for permit requirements.
Department of Environmental Quality: DEQ is the regulatory review agency for the health
system on the property. Please find attached a copy the current permit issued by DEQ.
Planning and Zoning: In accordance with Section 165-139, of the Frederick County Zoning
Ordinance, a legally nonconforming use that was discontinued due to abandonment may be
re-established by obtaining a conditional use permit. Approval of this conditional use permit
shall only be granted for a use that is of equal or lesser nonconformity than the original use
in relation to intensity, type of use, or dimensional requirements.
Jordan Springs has been used in the past as a resort, as a hotel, and as a seminary by the
Missionary Servants of the Holy Trinity. Most recently it was used by Shalom et Benedictus,
Inc. as a drug and alcohol rehabilitation center. Shalom et Benedictus was the primary user
from the early 1970's to 1999. It operated at Jordan Springs with 30 to 50 employees and
residents. On the weekends, the number of people using the property would increase due to
visitation by family and friends of the residents.
The applicant, County Court Reporters/Court Reporting Consultants, proposes to relocate
their office to Jordan Springs. At present, there are 17 employees of the business that would
relocate to the site. The number of employees is not expected to significantly increase. The
facilities as they exist are adequate for the business. There are four buildings on the property:
the main hotel building (A), the administration building (B), the shop building (C) , and the
original house (D). The location of these buildings is shown on the attached plan of Jordan
Springs. Also attached is information about the square footage of the buildings. Two
maintenance employees currently live in the apartment above the shop building and would like
to continue living there. The property is served by a septic tank.and lagoon, all appropriate
Department of Environmental Quality permits are in good standing. The existing structures
are located approximately 500 feet from Jordan Springs Road (Rt 664) and at least 800 feet
from the side and rear property lines. There is substantial vegetation on the sides and rear of
the property, forming a buffer to any future development or agriculture.
Staff feels that the applicant's request would not negatively impact surrounding areas and is
a good example of adaptive reuse of the property. Staff feels that the use proposed by the
applicant is of a lesser nonconformity than the original use of a drug treatment facility.
0
0
Jordan Springs CUP #17-01
Page 3
November 8, 2001
STAFF CONCLUSIONS FOR THE 11-07-01 PLANNING COMMISSION MEETING:
Should the Planning Commission determine that this request is appropriate, staff suggests the
following conditions:
1. All review agency comments shall be complied with at all times.
2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of
CUP approval.
3. All parking areas shall be hard surfaced with asphalt and striped. Compliance with these
conditions shall occur within 180 days of CUP approval.
4. All vegetation within close proximity of all travel ways serving access to the structures shall
be maintained to provide a 15-foot vertical clearance for emergency vehicle access.
All applicable permits shall be obtained from the Department of Environmental Quality for the
use and maintenance of the health system.
6. Land use shall be limited to general office with the exception of residential above the shop
building. Occupants of the shop building shall be limited to maintenance personnel.
7. One business sign shall be permitted. It should be ofmonument-type construction and limited
to fifty (50) square feet in size or a placard.
A site plan shall be approved by Frederick County for applicable site improvements. Any
future expansion or structural development shall require an amended site plan.
PLANNING COMMISSION SUMMARY & ACTION OF 11/07/01 MEETING:
Three citizens came forward to speak regarding the proposed conditional use permit. One person, an
adjoining property owner on Monastery Ridge Road, had concerns about the age and condition of the
existing septic system and lagoon on the property and he believed the system should be inspected and
upgraded as a condition of the permit. The second person, the broker involved with the property
transaction, noted that this property has previously been "exempt" because it has been owned by
religious organizations for a number of years; however, it will become a source of tax revenue for the
County if this business is approved. The third individual spoke in favor of this use on this particular
property because of the intent for historic preservation and incorporation of the historic overlay; he
0 •
Jordan Springs CUP #17-01
Page 4
November 8, 2001
also agreed, however, that the septic system should be inspected.
Commissioners pointed out that a considerable amount of money is being invested by the applicant to
operate on a conditional use permit that could be revoked at any time. The representative for the
applicant said this is a risk the applicant is willing to take because of the interest in renovating,
restoring, and keeping the property intact; he stated that it was the applicant's intention to pursue the
rezoning of the property, with a historic district overlay, as soon as possible.
Commission members inquired if it would be appropriate to fashion an additional condition to ensure
historic preservation of the property until the rezoning and historic overlay could be accomplished.
The applicant's representative noted that Condition Number (8) was intended to ensure the
maintenance of the existing historic resources by way of requiring a site plan before any construction
activities occur on the property. The applicant's representative stated that he would not have any
objection to adding wording to Condition Number (8) to state that no demolition of existing buildings
or alteration of any outside appearance of buildings shall occur. The applicants' representative also
concurred with the conditions as recommended by the staff and believed the time frames established
were adequate to meet the conditions of the permit.
Members of the Commission decided that any reference to the preservation of historic structures
should be addressed at the time of rezoning. The Planning Commission had no other outstanding
issues of concern and believed the use would not negatively impact surrounding areas. The
Commission unanimously recommend approval of the conditional use permit with the conditions as
stated by the staff.
0:\Agendas\COMMENTS\CUP's\2001 VordanSprings.wpd
PC REVIEW: 11/07/01
BOS REVIEW: 11/14/01
CONDITIONAL USE PERMIT #17-01
JORDAN SPRINGS
To establish an office use that is of equal or lesser nonconformity than the
Shalom et Benedictus treatment facility
LOCATION: This 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: Occupied by maintenance staff for the upkeep of existing structures and grounds
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Vacant and Residential
PROPOSED USE: Office space for the County Court Reporters/Court Reporting Consultants
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 664, the VDOT facility which would
provide access to the property. Prior to operation of the business, a commercial entrance
must be constructed to our minimum standards to allow for safe egress and ingress of the
property. Any work performed on the States' right-of-way must be covered under a land use
permit. The permit is issued by this office and requires an inspection fee and surety bond
coverage. See also the attached letter and sketch dated 9111101 from Mr. Steven
Melnikoff, VDOT Transportation Engineer.
Fire Marshal: Additional uses of other building portions may be cause for additional
comments. Emergency vehicle access maintained 'per NFPA 299, 12-ft. width/14.5-ft.
vertical. Access to normal and emergency building ingress and egress points. Maintenance
9
Jordan Springs CUP # 17-01
Page 2
November 8, 2001
of existing fire sprinkler system and current recall procedures for existing sprinkler heads.
Inspections Department: No change of use permit required for business use in this
structure. Please contact our office if renovations are to occur for permit requirements.
Department of Environmental OuaGty: DEQ is the regulatory review agency for the health
system on the property. Please find attached a copy the current permit issued by DEQ.
Planning and Zoning: In accordance with Section 165-139 of the Frederick County Zoning
Ordinance, a legally nonconforming use that was discontinued due to abandonment may be
re-established by obtaining a conditional use permit. Approval of this conditional use permit
shall only be granted for a use that is of equal or lesser nonconformity than the original use
in relation to intensity, type of use, or dimensional requirements.
Jordan Springs has been used in the past as a resort, as a hotel, and as a seminary by the
Missionary Servants of the Holy Trinity. Most recently it was used by Shalom et Benedictus,
Inc. as a drug and alcohol rehabilitation center. Shalom et Benedictus was the primary user
from the early 1970's to 1999. It operated at Jordan Springs with 30 to 50 employees and
residents. On the weekends, the number of people using the property would increase due to
visitation by family and friends of the residents.
The applicant, County Court Reporters/Court Reporting Consultants, proposes to relocate
their office to Jordan Springs. At present, there are 17 employees of the business that would
relocate to the site. The number of employees is not expected to significantly increase. The
facilities as they exist are adequate for the business. There are four buildings on the property:
the main hotel building (A), the administration building (B), the shop building (C) , and the
original house (D). The location of these buildings is shown on the attached plan of Jordan
Springs. Also attached is information about the square footage of the buildings. Two
maintenance employees currently live in the apartment above the shop building and would like
to continue living there. The property is served by a septic tank and lagoon, all appropriate
Department of Environmental Quality permits are in good standing. The existing structures
are located approximately 500 feet from Jordan Springs Road (Rt 664) and at least 800 feet
from the side and rear property lines. There is substantial vegetation on the sides and rear of
the property, forming a buffer to any future development or agriculture.
Staff feels that the applicant's request would not negatively impact surrounding areas and is
a good example of adaptive reuse of the property. Staff feels that the use proposed by the
applicant is of a lesser nonconformity than the original use of a drug treatment facility.
0
•
Jordan Springs CUP #17-01
Page 3
November 8, 2001
STAFF CONCLUSIONS FOR THE 11-07-01 PLANNING COMMISSION MEETING:
Should the Planning Commission determine that this request is appropriate, staff suggests the
following conditions:
1. All review agency comments shall be complied with at all times.
2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of
CUP,approval.
3. All parking areas shall be hard surfaced with asphalt and striped. Compliance with these
conditions shall occur within 180 days of CUP approval.
4. All vegetation within close proximity of all travel ways serving access to the structures shall
be maintained to provide a 15-foot vertical clearance for emergency vehicle access.
5. All applicable permits shall be obtained from the Department of Environmental Quality for the
use and maintenance of the health system.
6. Land use shall be limited to general office with the exception of residential above the shop
building. Occupants of the shop building shall be limited to maintenance personnel.
7. One business sign shall be permitted. It should be ofmonument-type construction and limited
to fifty (50) square feet in size or a placard.
8. A site plan shall be approved by Frederick County for applicable site improvements. Any
future expansion or structural development shall require an amended site plan.
PLANNING COMMISSION SUMMARY & ACTION OF 11/07/01 MEETING:
Three citizens came forward to speak regarding the proposed conditional use permit. One person, an
adjoining property owner on Monastery Ridge Road, had concerns about the age and condition of the
existing septic system and lagoon on the property and he believed the system should be inspected and
upgraded as a condition of the permit. The second person, the broker involved with the property
transaction, noted that this property has previously been "exempt" because it has been owned by
religious organizations for a number of years; however, it will become a source of tax revenue for the
County if this business is approved. The third individual spoke in favor of this use on this particular
property because of the intent for historic preservation and incorporation of the historic overlay; he
E
0
Jordan Springs CUP #17-01
Page 4
November 8, 2001
also agreed, however, that the septic system should be inspected.
Commissioners pointed out that a considerable amount of money is being invested by the applicant to
operate on a conditional use permit that could be revoked at any time. The representative for the
applicant said this is a risk the applicant is willing to take because of the interest in renovating,
restoring, and keeping the property intact; he stated that it was the applicant's intention to pursue the
rezoning of the property, with a historic district overlay, as soon as possible.
Commissioamembers inquired if it would be appropriate to fashion an additional condition to ensure
historic preservation of the property until the rezoning and historic overlay could be accomplished.
The applicant's representative noted that Condition Number (8) was intended to ensure the
maintenance of the existing historic resources by way of requiring a site plan before any construction
activities occur on the property. The applicant's representative stated that he would not have any
objection to adding wording to Condition Number (8) to state that no demolition of existing buildings
or alteration of any outside appearance of buildings shall occur. The applicants' representative also
concurred with the conditions as recommended by the staff and believed the time frames established
were adequate to meet the conditions of the permit.
Members of the Commission decided that any reference to the preservation of historic structures
should be addressed at the time of rezoning. The Planning Commission had no other outstanding
issues of concern and believed the use would not negatively impact surrounding areas. The
Commission unanimously recommend approval of the conditional use permit with the conditions as
stated by the staff.
0AAgendas\COMMENTS\CUP's\2001 UordanSprings.wpd
>� o
COMMONWEALTH of VIRGI IA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
CHARLES D. NOTTINGHAM EDINBURG, VA 22824
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:
JERRY A. COPP
RESIDENT ENGINEER
TELE (540) 984-5600
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 will be
required accompanied by an engineered drawing.
I trust this information will be helpful.
Steven A. Melnikoff
Transportation Engineer
SAM/rf
Attachment HECEIVED,
xc: Mr. Dave Heironimus S� 1 2001
Mr. Steve Gyurisin
'DT OF PLANNINGIDEVELOPMEUr'
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COMMONWEAL
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 Benedictus, Inc.
Facility Name: Shalom at 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.
i
74 Director, Dep-,Ltment of Environmental Quality
an e Xf r997
Date
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.
Z l i s
�II
BUILDING BUILDING�
I ARKING
N
PARKING
r
BUILDING Z i
OWNERS: a
TREELINE PQ MISSIONARY SERVANTS OF
THE MOST HOLY TRINITY o Z
APPROXIMATE SCALE: 1" 500' cr
BUILD G O
Q�cQ� NOTE: i A"I THIS PLAN SHEET HAS BEEN DERIVED FROM AN
APPROXIMATE
pip TREES AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD
THE BOUNDARY IS APPROXIMATE AND IS
SCALE: 1 " = 200' INCLUDED FOR GRAPHIC REPRESENTATION ONLY. 1
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Dept. of Planning and Development, 09/01,
Submittal *dIi - A -7-_rY____
P/C Meeting PG-3-
BOS Meeting
APPLICATION FOR CONDITIONAL, USE PERMIT
• rABDERICR COIINTY, VIRGINIA
1. ApR11_ cant (T,h.-e, japplicant if the owner other)
NAME: N)EzI � , f i•��
ADDRESS: i; 0. L Z36tj-----
TELEPHONE �✓O -(� N� C G%� /� G�U��S
2. Please list all owners, occupants, or parties in interest of,
t'ie property:
3. The property is located at: (please give exact directions and
include the route number of your road or street)
• 4. The property has a road Frontage of +/ feet and a
depth of Z000 -�- feet and consists of 4 OL acres.
(Please be exact)��Tr+�
79iN ►Tl'
5 . The property is owned by as
evidenced by deed from ul.+t-AFL- 7'��ur12. recorded
(previous owner)
in deed book no. ZZ on page I.I I , as recorded in the
records of the Clerk of the Ci— rcu t Court_ County of
Frederick. -f�70 --e7� Z'S k T-�� 3 A�c+cc-:D
6. 14-Digit Property Identification
Magisterial District 51>360Atc
Current Zoning RIB r icUeAt- P�
7. Adjoining Property:
REP
ZONING
South
- ;t �i�. ii.. a-X
-i CEIVED
0 SEP 0 7. 2001
'13T ()F of dDwm(zinpl/FI nPwwG
SEP-06-2001 15:24 TEOIAC � F.C-Z
S. The type of use proposed is (consult with the Planning Dept.
before completing) •
t6E of tEViE�P- �
9. It is proposed that the following buildings will be
constructed:- PYCOE
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
roquested use gill be conducted. (continue on back if
necessary.) These people will be notified by mail of this
application:
NAM A4V Wit. L, ADDRESS 3497- Vim'. W
PROPERTY ID# 55 - `7 -• I
NAaB Wt A-i ro 6 , M7._ 4 ADDRESs ZD-7 kAZA "aT +-�c .
PROP e � Ea may& 7 � , �.%�4 Za Sol �
07 ^
NAKH D2eQM-iLf V �-{?T' ADDx�ss �a� 6 t M i t..�.
PROPERTY IDS S !F -Jk - I." <�I�� /
r
PROPERTY IDi ��,� �' BIZ 4 A - ZR-J- V l � Pt- Z`ZlG�7L.j
r
NAND:' VILUAM M . ADDRESS L 1ttitu' F4>,
PROPERTY MF 44 - A'
K7 ME62PM M ADDRESS (! O Z. VJCWI�F M 1 LL- �Z,
PROPERTY IDS y+4- A - 2�e
NAME h D . ADDRESS I l D V�Nu TAP,
PROPERTY ID-
MM J�LN M ADDPXss VON'?
PROPERTY MF- CZ47 -A 09-
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SFP 0 7 2001
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NAME rJJ �-� ADDRESS qQ 6 vNyyi I ►..�.- RD
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NAME JF-YJ I ADDRESS (� � . � 6J �bZ�
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CERri/iEo SuRvEYOR /VORT//EAsr 0. W/NCNE37ER,
o/V BOTH S/DES OF ROA,0 /VO.
664, /,v STONEWALL D/snvcr,
FREDER/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.
ZO r, l.Glr 1 0 , CLERK
/95L
/ Soo
•
•
•
SEP-a6-2001 15:25 TEI WINC
0 40
P.06
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12. Additional comments, if any:
•
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use describod in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until aftor
the Board of Supervisors' public hearing. Your application for a
Conditional use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
a
r
Signature of Applicant 45" A*— 1A . 41—A.A#' . . . A O%Ww
.fie 1 U t 4 '1iZ IrtiD F1J'o �
signature of Owner Missionary Servants of the Most Holy Trinity
BY
Owners' Mailing Address 9001 New Hampshire Avenue
Sliver pring, MD Z0903
Owners' Telephone No. 301-439-0333
TO BE COMPLETED BY ZQNING.ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
W', W
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9edion56.shp
Section55.shp
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10
i� •
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
�I J'rlrlrr\1'1 JAI OF PUBLIC HEARING
October 24, 2001
TO: - THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: APPLICATION OF JORDAN SPRINGS, CONDITIONAL USE PERMIT #17-01
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on November 7, 2001, at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider
Conditional Use Permit #17-01 of Jordan Springs to establish an office use that is of equal or lesser
nonconformity than the Shalom et Benedictus treatment center. This property is located at 1160
Jordan Springs Road and is identified with Property Identification Number 44-A-294 in the Stonewall
Magisterial District.
Additionally, this application will be heard the following Wednesday, November 14, 2001, by the
Frederick County Board of Supervisors at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia.
Any interested parties having questions or wishing to speakmay attend these public hearings. A copy
of the application will be available for review at the Handley Library approximately one week before
the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in. Winchester, Virginia.
Sincerely,
ej V, 0 d� Iq d4
Rebecca A. Ragsdale
Planner I
RAR/ch
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
'•,f " ���Q fj/ from the Department of Planning and Development, Frederick
County, irginia: TRIAD ENGINEERING
55A - 1- - 18-
JRW PROPERTIES & RENTALS INC.
13 S LOUDOUN ST
WINCHESTER, VA. 22601.4777
55A - 1- - 22-A
CLARK, HERMAN M III
966 WOODS MILL RD
STEPHENSON, VA 22656-2035
55A - 1- - 21-
CARTER, JOHN M & KIMBERLY D
554 GUN CLUB RD
STEPHENSON,VA
45 -4- 1- 3-
CONLEY, JOHN M.
PO BOX 218
STEPHENSON, VA.
22656-1802
& K. JUNE
22656-0218
45 -4-1- 1-
FORTNEY, CLARK D. & BARBARA K.
1281 JORDAN SPRINGS RD
STEPHENSON, VA. 22656-2020
45 - 9- 3- 2-
HOFFMAN, WILLIAM D. & PATSY L.
PO BOX 22
STEPHENSON, VA 22656-0022
SPATE OF VIRGINIA
COUNTY OF FREDERICK
Mr. Stephen M. Gyurisin
P.O. Box 2397
Winchester, VA 22604
45 - 5- 2- 17-
CARLSON, RENE R
154 HUMMINGBIRD LN
STEPHENSON,VA
45 -4- 1. 4-
KIENE, CHRISTIAN F. &
22656-2014
1373 JORDAN SPRINGS RD
STEPHENSON, VA. 22656-2021
45 - 9- 3- 3-
RITTER, DAVID E & NANCY M
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
/jIld t f A 112�AIJI-1,01 J
Rebecca A. Rags ale, Planner I
Frederick County Planning Dept.
I, &[h fiffl [10 1 L , a Notary Public in and for the State and County
aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for the Department of Planning and
Development, whose name is signed to the foregoing, dated I(). R14 .01 , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this ao�L day of VUUyr. i 00 1
My commission expires on F'e iJrua r?T aCaO�
ARY PUBLIC
45 - 9- 3- 1-
HALL, WILLIAM H III & REBECCA
1081 JORDAN SPRINGS RD
STEPHENSON,VA 22656.1918
55 - A- - 22-
COUNTY SCHOOL BOARD OF FREDERICK
5 N KENT ST
WINCHESTER, VA 22601-5037
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
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
44 - A- - 296-
GARRISON, MELODEE M
CIO MELODEE SHEPHERD
1102 WOODS MILL RD
STEPHENSON,VA 2
44 - A- - 297-
CONNER, HAROLD R & CAROL'
1010 WOODS MILL RD
STEPHENSON,VA 2
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
•
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
I WIFICAVI A I OF PUBLIC Ht"AIRIIIG
September 19, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: APPLICATION OF JORDAN SPRINGS, CONDITIONAL USE PERMIT #17-01
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on October 3, 2001, at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider
Conditional Use Permit #17-01 of Jordan Springs to establish an office use that is of equal or lesser
nonconformity than the Shalom et Benedictus treatment center. This property is located at 1160
Jordan Springs Road and is identified with Property Identification Number 44-A-294 in the Stonewall
Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will be available for review at the Handley Library approximately one week before the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
Rebecca A. Ragsdale
Planner I
RAR/ch
O:Wgenda\AdjoinerLtrs\2001UordanSprings.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
•
0
This is to certify that the attached
correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, Vi inia:
44 - A- • 296-
55 7 1• yS' %-9
GARRISON, MELODEE M
SWEET, MICHAEL L.
CIO MELODEE SHEPHERD
362 WOODS MILL DR
1102 WOODS MILL RD
STEPHENSON, VA 22656.2029
STEPHENSON, VA 22656-2037
5 y_ _ 134- 44 - A• - 297-
55 - 7- - 14
CONNER, HAROLD R & CAROLINE D
METER, WILLIAM G III & BARBARA E
1010 WOODS MILL RDSTEPHENSON,
VA 22656-2036
207 PLAZA ST NE
LEESBURG, VA. 20176 2428
55 A 135
LEE, RONALD A & MARY C
55 - A• . 133-
1947 MARTINSBURG PIKE
HART, DOROTHY L.
WINCHESTER, VA 22603.4714
897 WOODS MILL RD
STEPHENSON, VA. 22656-2044
44 - A- - 294-
HOLY TRINITY MISSION SEMINARY
44 • A• - 292- .'
PO BOX 8
-'
CRIDER & SHOCKEY OF WVA
STEPHENSON, VA. 22656-0008
55A - 1- - 17-
PO BOX 2530
NEWLIN, TINA
WINCHESTER, VA 22604.1730
906 WOODS MILL RD
44 - A• - 295-
STEPHENSON, VA 22656-2035
REXRODE, WILLIAM M & SHARON M
1099 WOODS MILL RD
STEPHENSON, VA. 22656-2046
9(v) J
4 1
Re ecca A. Rags ale, Planner I
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, LffiEAa t , a Notary Public in and for the State and County
aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for the Department of Planning and
Development, whose name is signed to the foregoing, dated q .�9 f_7 I , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this lqfh day of aDf=6cr W
My commission expires on uj )( to (o L'\'.2)1e), 0-on
TARY PUBLIC
55A - I. - 18. 1*
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
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-
RITTER, DAVID E & NANCY M
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
45 -9- 3- 1-
HALL, WILLIAM H III & REBECCA
1081 JORDAN SPRINGS RD
STEPHENSON,VA 22656.1918
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
55 - A- - 22-
COUNTY SCHOOL BOARD OF FREDERICK
5 N KENT ST
WINCHESTER, VA 22601-5037
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395.
PI OMIC40--VIO! i Or PUBLIC HEA41MING
September 26, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: APPLICATION OF JORDAN SPRINGS, CONDITIONAL USE PERMIT #17-01
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on October 10, 2001, at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider
Conditional Use Permit #17-01 of Jordan Springs to establish an office use that is of equal or lesser
nonconformity than the Shalom et Benedictus treatment center. This property is located at 1160
Jordan Springs Road and is identified with Property Identification Number 44-A-294 in the Stonewall
Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will be available for review at the Handley Library approximately one week before the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
Rebecca A. Ragsdale
Planner I
O:WgendasWdjoiner L[rs\200IVordanSprings.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
9 0
0 0
This is certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, rginia: 44 - A- - 296-
TRIAD ENGINEERING GARRISON, MELODEE NI
' CIO MELODEE SHEPHERD
Mr. Stephen M. Gyurisin % 1102 WOODS MILL RD
P.O. Box 2397 I STEPHENSON, VA 22656 2037
Winchester, VA 22604 44 - A.. 2975S4-(3 4-
55 7 1 i CONNER, HAROLD R& CAROLINE D
1010 WOODS MILL RD
SWEET, MICHAEL L. STEPHENSON, VA 22656.2036
362 WOODS MILL OR
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
44 - A• • 294-
LEESBURG, VA. 20176.2428
HOLY TRINITY MISSION SEMINARY-
��
-
55 • A• • 133- — — --
� PO BOX 8
HART, DOROTHY L.
STEPHENSON, VA. 22656.0008
897 WOODS MILL RD
55A 1 17
STEPHENSON, VA. 22656 2044
NEWLIN, TINA
906 WOODS MILL RD
44 -A- . 292• z93
STEPHENSON, VA 22656.2035
CRIDER & SHOCKEY OF WVA
PO BOX 2530
WINCHESTER, VA 22604.1730
44 - A- - 295-
REXRODE, WILLIAM M & SHARON M
�f
Rebecca A. Ragsdale, f#anner I
1099 WOODS MILL RD
STEPHENSON, VA. 22656.2046
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, ff M I —MG HCA I I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for th DJ"L
ment of Planning and
Development, whose name is signed to the foregoing, dated n ,0 , (_) / . , has
personally appeared before me and acknowledged
� the same in my State and County aforesaid.
Given under my hand this (�I day of C u tcr c'9_00
My commission expires on Fehru on J &(20
5.
A�C
'TARY PUBLIC
" 55A - 1- . 18-
JRW PROPERTIES & &ALS i
45 9 3
is HALL, WI H III & REBECCA
INC.
1081 JORDAN SPRINGS RD
13 S LOUDOUN ST
STEPHENSON, VA 22656.1918
WINCHESTER, VA. 22601.4777
45 -5- 2. 17-
55A - 1- - 21-
CARLSON, RENE R
CARTER, JOHN M & KIMBERLY D
554 GUN CLUB RD
154 HUMMINGBIRD LN
STEPHENSON, VA 22656.1802
STEPHENSON, VA 22656-2014
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. 4-
SIMONS, ERVIN W & BARBARA K
220 MONASTERY RIDGE RD
STEPHENSON, VA 22656.1923
45 -9- 3. 3-
RITTER, DAVID E & NANCY M
170 MONASTERY RIDGE RD
STEPHENSON, VA 22656.1922
45 -5- 2. 16-
SIGLER, MICHAEL S. & JOAN B.
141 HUMMINGBIRD LN
STEPHENSON, VA. 22656.2014
55 - A. - 22-
COUNTY SCHOOL BOARD OF FREDERICK
5 N KENT ST
WINCHESTER, VA 22601-5037
•
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
noncon ormitythan 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
0
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:\Evan\Common\Correspondence\HolyTri n ityMissi onSeminary_Parcel44-A-294PcmittedLandUseLetters.wpd
Submittal Deadli— _ ni
P J C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
PREDERICK COUNTY, VIRGINIA
1.. Apollant {The applicant if the owner other)
NAME: I t-3�,p
ADDRESS: PO. � `/tilr��-t�I!E --_Vbk
TELEPHONE IF40 'r6:2tU-7 - q :�,Q0 D 7 E7J M �Y tJ l51t�
T
Z. Please list all owners, occupants, or parties in interest of,
the property:It
11
3. The property is located at: (please aive exact directions and
include the route number of your road or street)
4. The property has a road frontage of feet and a
depth of feet and consists of u,!tK acres.
(Please be exact) -5;-
5. The property is owned by MK4I0rA-9,( Pp CFIF-Vif: Mr -A- (IoLyas
evidenced by deed from W +t. M - '7'11)Vrecorded
(previous owner)
in deed book no. 7-Z,on page I.ias recorded in the
records of the Clerk of the Cir&u t Count- County of
Frederick. -At-*V Zit 3 Za A<-;:,
6. 14-Digit property Identification No. AH -Pk- 7-'q4
Magisterial District 5M,06 NLP LL Spri�gS /�d.
current Zoning Rfl. -_ t?f tr Pc2e-k
7. Adjoining Property:
s
North PL1PL- 4q� T
East �� �167-Q-7�flCC-
South 1
West
ZONING
HECEIVED
SEP 0 7 2001
rDT r)F P1 a.OPMPI-
SEP-06-2001 15;24 TE[ WINC P.03
• 0
8. The type of use proposed is (consult with the Planning Dept.
before completing)
- g3ptJ F evem rv-J I Z�v 0tc Krpar
9. It is proposed that the following buildings will be
constructed:
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
MV.,44A- L,
ADDRESS
PROPERTY ID,V 5.7 - 1 " 1�'
NAME
W l LDS 00k 6,,
ADDRESS
ZED-7 f ATA -V- 1,) .
.
PROP
T� SS - :2 -
NAMM
G)020-1:�-U t--Holf-'r
ADDRESS
6a? V M l L-L- PP,
PROPERTY ID# S 57 -.A- i3
I
NAME
�. ` � ItJC,
ADDRESS
P, Q - 00 2 U
PROPERTY 1D# q4 - A - Z-:M A -- Z6
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r
NAME
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ADDRESS
lLl.
4A ►
PROPERTY
IDif - L
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ADDRESS
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PROPER qLk-As
NAME 6A7LyQF- D . ADDRESS
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PROPERTY IDF - •A-i--,zi4
IUI VA�i fKl-L.A, -12P.
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NAIVE lzbN! ,�A- -� M ADDRESS I�� I���l 6Y* &
C. L42�F_
PROPERTY MO 4C�5 r A -• 09-
i-itcEIVED
SEP 0 7 2001
'7oT nFPIaniniiNrnPvFIOPME.N"T
SEP-06-2001 15:25 TEI WINC P.04
NAME `ti ok OeK) Li t%)
PROPERTY. ID# -- A �"� - I1
NAME UCYJ -I i
7i`tZ.`�-
PROPERTY ID# SSi� -I
ADDRESS Q0GoY' 7 0 I LA- RA
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ADDRESS (3 Lco DbZo j
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Nun -bHtj /A ,� ,14lmP, ADnRLss y GUI ►2D,
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PROPERTY Imr�- I
PROPERTY ID# 15�A - 1 - 22A
PROPERTY ID# - i �-
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PROPERTY ID# �7 " �. (f
NAME C+I 2t Sri & F: 1 E
PROPERTY ID#
ADDRESS IZqt�����,
ADDRESS Z9
ADDRESS 1517j ZP-J) A-)'j F-1 rJ(L`7 �
NAME ,��E � � C�2�� � ADDRESS
PROPERTY IDS'
NAME W LI:.1PCYYl_ D Ps`� ADDRESS
PROPERTY INZ--
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ADDRESS { !XJ M1��� ` L �� lv
PROPERTY ID#�7
NAMTi`�C fE ADDRESS 220 %ti'Ll ice' `
PROPERTY
NAME
PROPERTY IDO
NAME ADDRESS
PROPERTY ID#
HQYII�JNTY rASSION SE"Wy
M A 294
N1 i T
3 FANUNS
93 4
iS
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0
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CGMER
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44 A 2-Aj
CUP#17 - 01
Location Map For:
Jordan Springs
PIN:
44 - A - 294 IIS
Dept. of Planning and Development, 09/01,
BA/L Er
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SURVGYOD Juvc 4, /954
A1CHARO U. GOOOE
CERr///EO SURVEYOR
BELL
LOCArEO A6our 4 % /N/LEs
NORTHEAST OF W/NCHEST&R,
o,v BOTH S/D,Es OF ROAD NO-
66¢, /N SrONEWALt D1sr.4/Cr,
FREOE-R/Cle 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.
CLERK
III
MAGNET/CS� /SSL
LTCAL E / Soo
S 6-3 zo9s' P q
9 Ro� o �--�.
6 60 \ 1!
IV
4 b
Ot.
SVAVCYEO MAY Z 4, 195L
R/CHAAO V. G000C
CBRT,—ED .5URVEYo,(
Lor-ArE,o goour 4 % M/L4rs
NOR TN EA S T o f W,,Iv T ER ,
/ N S TONE WALL D/.7 TR/CT ,
F,PEDER/C K COUNTY , VA.
SA/i.EY
SEP-06-2001 15:25 TEI WIIC P.05
• 0
12. Additional comments, if any:
i (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission., Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
a
Signature of Applicant •
.$TtAftj IA, U 14 -- *-M I h'D E1.�ro
Signature of owner Missionary Servants of the Most Holy Trinity
B Y :�''�
Owners' Mailing Address 9001 New Hampshire .Avenue
�Ilver Spr7, MD 7903
owners' Telephone No. 301-439-0333
TO BE COMPLETED BY ZONING_ ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
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REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540)984-5600
The local office of the Transportation Department is located at 1550 Commerce St. in Winchester
if you prefer to hand deliver this form.
Applicant's name, address and phone number:
ED,J&f fJ E3Ue1-z4,-- . I rJ C,
M
M • �a`��2.IStrl
R-fntJE ; xWd -zgo-7 -a boo ?((ozi - 54d -(00 - 22 ;?c
Name of development and/or description of the request:
67
Lppcation:
VA 2� i�
A'17
TICMAP A `l L4 — A Z4 y Cry P-1�c7 d 5 n •-� of `7 `(.
Va. Dept. of Transportation Comments:
The application for a conditional use permit for this property appears to have little measurable impact
on Route 661, the VDOT facility which would provide access to the property. Prior to operation of
—the business a commercial entrance must constructed o our m1nUTM s anar s to aiiow tor sae egress
,res. �f the property. Any wc!rk perfonted on tire State's right of way fffti9tc 1�e eavered linder
a 1 nni i1se rlarmi t 1bP permit is i ssup d by this offi re and rarn li rP5 an i nsr)ecticm fpp and surety bond
coverage. Thank you for alowing us the opportunity to comment.
VDOT Signature and Date: Transportation Engineer 09/07/01
(NOTICE TO RESIDENT ENGINEER -PLEASE RE THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency
with their review. Also, please attach two (2) copies of your application form, location map and all
other pertinent information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department
Attn: Building official
107 North Rent Street
Winchester, Virginia 22601
(540) 665-5650
The Frederick County Inspections Department is located at 107 North
Kent Street, 4th Floor of the County Administration Building in
Winchester, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
°% ,- � AA
10
Z517 "10&
,t---'_ 5;7qo--rr4---1 - a;3000 X
of development and/or des4
W-i zz.
.ption of the request:
Location:
I" O&UL 44 - y-K -��
Inspection Department Comments:
No change of use permit required for B, (Business) use in this structure. Please
contact our office if renovations are to occurr for permit requirements.
Code Administrator Signature & Date: — d
(NOTICE TO INSPECTIONS DEPT.*PLEASE /RfefIRN I ORM TO PL T.
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map and all
other pertinent information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Fire Marshal
ATTN: Fire Marshal
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6350
The Frederick County Fire Marshal is located at 107 North Kent
Street, 1st floor of the County Administration Building in
Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
AA upc� i rJ
P�-ca�' S—cec�� ra3c�o X tom F 5a-c� zz�b
Name of development and/or description of the request:
OFA
/jo�~
Location:
Ll
Lt -& --Z61
Fire Marshal Comments:
Fire Marshal Signature & Date
(NOTICE TO FIRE MARSHAL - PLEASE RETURN T14S FORM TO,APPLICANT.
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map and any
other pertinent information.
46
Fieldl :
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. CUPO1-0018 Date Received 9/6/01 Date Reviewed 9/10/01
Applicant Triad Engineering
Address P.O.BOX 2397
Winchester, Va. 22601
Project Name Shalom et Benedictus Phone No. 540-667-9300
Type of Application Conditional Use Current Zoning
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 Inadequate Not Identified XX
Fire Lanes Required Yes XX No
Comments : Emergency vehicle access maintained per NFPA 299, 12 ft. width
14.5 ft verticle. Access to normal &emergency building ingress & egress pints.
Roadway isleway Widths Adequate Inadequate Not Identified XX
Special Hazards Noted Yes XX No
Comments : Maintenance of existing Fire Sprinkler system and current recall
procedures for existing sprinkler heads.
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
G �
Signature NTitle _\'�
Memorandum
To: Evan Wyatt, Director
From: Stephen Gyurisin
Date: 09/07/01
Subject: CUP - Jordan Springs - County Court Reporters
The regulatory review agency for the Jordan Springs ( County Court Reports ) CUP is the
Department of Environmental Quality (DEQ). Attached you will find a copy of the applicable
permit. Permit Number. VA0029653
Should you have any specific questions regarding the permit you may call Mr. Keith Fowler with
DEQ at 540-574-7812.
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
CHARLES D. NOTTINGHAM EDINBURG, VA 22824
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:
JERRY A. COPP
RESIDENT ENGINEER
TELE (540) 984-5600
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 will be
required accompanied by an engineered drawing.
I trust this information will be helpful.
Sincerely,
Steven A. Melnikoff
Transportation Engineer
SAM/rf
Attachment riECEIVEQ.
xc: Mr. Dave Heironimus
Mr. Steve Gyurisin SEP 1 2 2001
'7DT OF PLANNING/DEVELOPMK
WE KEEP VIRGINIA MOVING
ow Size o P Cv/uer-7'
re 9ui r--N,Cf onp( psi recY�ion
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uN
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09/07/01 FRI 11:4G NAA1 b4U434bS41
lriau narrisouourK LL,.j U V 4
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
WA
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 Benedictua 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.*tment of Environmental Quality
an e Xf r997
Date
Permit No. VA0029653
Page I of 8
PART I
A. INi1RIM UTUJENT LIMITATIGS M K141TERING REQJIREAfMS
1. Liming the period beginning with the permit's effective date and lasting until the comianowent of discharge from the upgraded facility in accordance with the Schedule of Cmpliance in Part I.C., the
permittee is ad rized to discharge from outfall serial number 001.
Such discharges shall be limited and imnitored by the perw ttee as specified below:
FtFLIENT i MACTtRISTICS
DISOVW LIMITATIU6
K)41TCRI%
RECUiRQfTJis
Monthly Average Weekly Average Mini
rex tam
F
Samle Tvoe
Flow (KD)=
N_ NA M
K
1Jody
Estimate
pH (standard units)
M NA 6.5
9.5
UL1ay
Crab
BA
30 mg/1 0.8 kg/d 45 mg/l 1.2 kg/d NA
NA
1/Month
Grab
Suspected Solids
78 mg/1 2.1 kg/d 117 mg/l 3.1 kg/d NA
NA
iMxnth
Grab
Total Residual Chlorine (TX) (mg/1)3
M M NA
M
L%
Grab
ilL - No Limitation, mLnitor'in9 required
M - Not AWlicable
2. The design flag of this treatment facility is 0.007 K D.
3. See Part I.B. for TFC limitations.
4. There shall be no discharge of floating solids or visible foam in other than traoe giants.
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Permit No. VA0029653
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PART I
A. MOL EFRLEM LIMITATIDS AND MNITIRM RMJIRI?(M
1. llpm anrencament of discharge fmn the Lpgraded facility, the following effluent limitations and monitoring requiraTents shall become effective at ouLfall serial saber 001 and remain in pffect until the
permit's expiration date.
Such discharges shall be limited and monitored ttf the permittee as specified below:
DISGJNM L MITI ATICNS
01TCRIr6
REQlI
=1Y Average
Weekly Average
n�i imam
MW
F!
Samle �
Flow (MD)'
NL
NA
NA
N_
1/02y
Estimate
pH (standard units)
N4
N4
6.5
9.5
1/Ddy
Grab
03A (,m - NNerber)
16 mg/1
0.42 kg/d
24 mg/l 0.64 kg/d
N4
N4
1Mnth
Grab
03A (Decorter - Fay)
25 mg/1
0.66 kg/d
40 nyll 1.06 kg/d
NA
NA
1Rtnth
Grab
Suspended Solids
30 mg/l
0.8 kg/d
45 ng/1 1,2 kg/d
NA
NA
1Rtnth
Grab
Total Residual Chlorine (TRC) (mg/))'
NA
N4
N4
NA
May
Grab
Ammmia-N (Jive - November')'
1.8 m3/l
0.05 kg/d
N4
NA
1.8 mg/l 0.05 kg/d
lAtrrth
Grab
Ammonia-N (December - May)'
2.9 rg/l
0.08 kg/d
NA
NA
2.9 mg/l 0.06 kg/d
1MxU
Grab
Qissolved Doh (m3/1)
NA
NA
5.0
N4
1/Day
Grab
I - No Limitation, monitoring rerpired
NA - Not Applicable
2. The design flow of this treatmmt facility is 0.007 MM.
3. See Part I.B. for TRC limitations.
4. See Part I.D. for additional monitoring instructions.
5. There shall be no discharge of floating solids or visible foam in other than trace anoints.
•
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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/1.
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 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 perrnit'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.
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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 fquireents
Monthly Aviz., Frequency Sample Tyne
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.1-4.
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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:
C. UU
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 p'robability of meeting the next scheduled
requirement.
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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
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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 ManuaI 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.
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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 ths 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.
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WJ V 11
Part lI
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.
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:
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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.
itMont-0-Uni
L�/. U I
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 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. Unauthorized Discharges
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
.11
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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 ExtraordinaryDischarges
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 from processing operations;
2. Breakdown of processing or accessory equipment;
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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.
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 R.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 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.
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:
UU/U7/U1 YRI 11:47 PAX b4U434bb41 '1'rlaa HarrisonDurg u15
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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.
K. Signaatoly 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 S25 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
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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 pen -nits, and other information requested by the
Board shall be signed by a person described in Part H.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.
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 H.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 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
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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 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 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.
O. State Lw
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 510 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.
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P. Oil and Hazardous Substance Liability
Part H
Page 8 of 11
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.
FTM18M Ng "In
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 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. DIM 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 tQ, 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.
U. Bypass
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.
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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 ]ELL
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.
V. Vp5et
l . 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:
09/07/01 FRI 11:49 FAX 5404345841
Trlaa tiarrisonourS LEJ ""'
Permio. VA0029653
Part II
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- II -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.
W. Inspection and EnWv
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.
M 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.
09/07/01 FRI 11:49 FAX 5404345841 'Triad Harrisonburg 'V-juZl
Per0
nNo. VA0029653
Part II
Page 11 of 11
Y. Transfer of Permits
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.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 11Y.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.
LJ 6 /
47
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 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 Both 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 Whit,9'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 362; 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 631 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 16t deg. E 152 ft. to
(3); thence N 8j 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 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 lio. 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 14o. 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 56j deg. W 900 feet to (6) a set.stone at a fence corner;
thence N 171 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 47j 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 23j 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 subje
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,`ansfer, assign and set over untie 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
Secretary
REVENUE STAMPS #
$154.00 #
CANCELLED #
State of Virginia
County of Frederick, to -wit:
W. H. M. STOVER
By GEORGE M. STOVER
=irst Vice Preside
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, whosl
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.
April, 1954.
(SEAL)
My Commission as Notary Public expires July 9, 1955.
Given under my hand and official Notarial Seal this 24th day of
BLANCHE L. ROE
Notary. Fu is
INVENTORY OF MOVABLE EQUIPMENT
JORDAN'S WHITE SULPHUR SPRINGS
March 2, 1951 UNIT
ITEM BASEMENT
QUANTITY PRICE
VALUE
Seven foot mirror
1
$ 25.00
Step Ladder
1
5.00
Garden Hose
200 feet
50.00
Stable brooms
2
Wire Brush
l
Work Bench & Vise
1
iu.00
Scythe and Snath
1
Shovel
1
Rake - Garden
1
Iron Wedge
1
Small Hand Saw
1
Rasp
1
Alemite gun
1
Wheelbarrow
1
15.00
Coil of insulated copper wire
45.00
24 ' extension ladder
17.50
3 x 7 table
4.50
Axe
1.50
•
i
FIRST FLOOR
(LobUy)�
27 Inch Toro Lawn Mower- Power
Driven
1 New
$285.00
2-1/2
H.P.
n n " "
24 - Power
Driven
2-1/4
Picture of Coliseum (framed)
H.P.
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
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
9allaO.
36.00
Hickory Chairs
Metal Lawn Table with Parasol
4a
la
15.00
60.00
Metal Chair
la
30.00
5.00
C.F .20 piano player rolls Total, Page L ..... $1,395.00
RCB p. p y $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 7b.00 -
Golf Club Rack 1 20.00
Ping Pong Paddle Rack 1 10.00
Plastic Croquet Sets (4 Play) 2a ID.00 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 -2.5.00--
DINING
ROOM,
FIRST FLOOR
Bakelite Top Tables, 30 x 30
5a
$ 15.00
$ 75.00
It 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 $ 100.00 300.00
glass doors
Step Ladder 1
Water Bucket 1
KITCHEN, FIRST FLOOR
Heavy Table 3" x 6' x 33"- Meat Carving 1
3 Unit Gas Stove (4 burners each with ovens) 1
Hot Water Heater 1
Garbage Pail 1
SECOND FLOOR
Rocking Chairs
5a
$ 18.00
Ocasional Chairs
21a
15.00
Dressers
lla
35.00
Stands
4a
8.00
F1oor.Lamps
4a
25.00
Mirrors
7a
20.00
Rugs...
17a
2.00
Canvas Cots - Army
8a
5.00
$ 500.00
300.00
100.00
$ 90.00
315.00
385.00
32.00
100.00
140.00
34.00
40.00
Total, Page 2 ........ $3,346.00
Roger C. Butts
SECOND FLOOR (cont'd.)
Waste Paper Baskets 4615a
Steel Cots (with mattresses) Roll Away 2a
Steel Cot (with -mattress) la
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 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
COTTAGE
Oil Heater (6 room automatic circulator
la
Tables (rou h)
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
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
la
la
la
2a
2a
la
Roger C. Butts
MISCELLANEOUS ITEMS
Above Items Unpriced, pages 1 through 4
Chloringting Machine $450.00
Page 1
- $1,395.00
Page 2
- T3,346.00
Page 3
- $3,068.00
Page 4
- 116.00
$7,925.00
75.00
$8,000.00
$ 1.00•
30.00
10.00
150.00
100.00
4.00
2.00
3.00
1.00
1.00
_2=
$20.00
J.5.00'
10.00
Total, Page 3
$ 15.00
60.00
10.00
600.00
1100.00
84.00
4.�0� .
66.00
8.00
22.00
1.00
5.00
-T.=
30.00
75.00
$ 75.00
10.00
50.00
100.00
10.00
5.00
9.00
25.00
50.00
bo. 00'
50.00
35.00
3.00
$330.00
-I00.00
30.00
20.00
20.00
$3,068.00
1 $ 3.00
1 5.00
1
1
14a 111.00"
Total .. $ 116.00
$ 75.00
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 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 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 .tab.le ans
1 Hotpoint Electric Commercial Stove (1 6v
1 Hotpoint Electric Commercial Fry Kettle
2 Silex Two Unit Coffee Warmers (Elec) 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 lOoz. 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
1 cake turner, stainless steel
1 Witt Gge Can & Cover, Galvanized .
4 Steam _ le Covers, stainless steel
1 Collander
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 Stover:
Bar - 30" Wrecking
Post Hole Digger
Digging Iron
Set Pipe Dies, Ratchet Type, adjustable 1", 1-1/4" , 1-1/2", 2"
Steel Tooth Garden Rakes
Steel Tooth Garden Rake
All steel - 2 wheel rubber tires Bag Truck
Trowel
Wood Chisel
Wood Chisel
Water Sprinkling Can
Galvanized Snow Shovels
Lawn Roller
Tilting Arbor Bench Saw
Saw Table Extension
Saw Table Guard
Dado Head
8" Combination Saw Blade
1/2 HP Electric Motor (mounted on saw)
Claw Hammer
Square (small)
Hand Saw
Hatchet
Axe
Step Ladder - 6' Wood
Chain Pipe Vise
Flash Light
Compass Saw
Steel Wheel Barrow - Rubber Tired
Steel Tooth Rake
Wood Plane Hand
Herbrand Socket Wrench Set
Herbrand Sockets
Oil Stone
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.
•
A16
reference is made to photo copy of said Sheet No. 4 of Right of Way Map, showing outline
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 andl
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 facilit,
as may be necessary.
WITNESS the following signatures and seals:
REVENUE STAMPS a�
$0.55 #
CANCELLED
STATE OF VIRGINIA,
COUNTY OF FREDERIC K, To -wit:
FRED E . UNGER
BETTY L. UNGER
(SEAL)
(SEAL)
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
VIRGIN TA Notary rublic.
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.
#883
JOSEPH A. MASSIE, JR. ADMR.
TO .. DEED #
W. H. M. STOVER, INC.
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
convey, with special warranty of title, unto W. H. M. Stover, Incorporated, its assigns
forever, all of the following described real property, to -wit:
es
'ft"'
4
All of t certain tract or parcel of la01y
ear Jordan Springs,
in Frederick County, Virginia, Oich descended to J. W. Benner, ST oupp, Minnie R.
Ware and Henry 1. 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
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 a
follows:
Beginning at (1) a point in the center of Road No. 664 and opp
site an elm tree in a fence corner on the west side of the road, corner to tl &"* land of
Rexrode; thence with the North fence line of the land of Rexrode N 80 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 intersectic
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
1 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. IN 297 feet to (5) a set stone at a fence
corner; thence N 562 deg. W 900 feet to (6) a set stone at a fence corner; thence N 171
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 Baile;
N 4712 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 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 232 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
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.
3eii�rfitsEiHeiHFifetis�� JOSEPH A. MASSIE JR. (SEAI
REVENUE STAMPS osep ssie, Jr., ministratc
$7.70 de bonis non, cum testamento annexe
CANCELLED of the Estate of H. J. Benner,
iFiEiEiE#iE3iiEiEsBit icif3FiHhi#ibit-3FiFtF 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 blay, 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.
Ify Commission expires October 18, 1953.
JUANIT'A R. ROE
Notary ary u is
0
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i
5VAVLY" MAY 24, /95z
R ICHAAD U. G0006
CEAT/F�ED JUAvEY0,1
LOCATED 4,00ur 4 % M/LEs
A/oxrNEAsr OF WIN cHEsTEA,
iN STONEWALL D/JTRicr,
Fie --DER/G H COUANT Y , VA.
rj
VIRGIN
FREllERREDERIA •
ICK 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.
#884 #
W. H. M. STOVER, INC.
TO :: : DEED OF TRUST �
J. SLOAN KUYKENDALL, EST AL, TRS. �
'�FliFk^1�f3fiHE#it#�!^JEiEiEiEiFiHE•;HE4EiE•;f:E•tiiH:iY.t•iEiHE#itii'EiE'.EiFiE
'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'
j 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, party of the third part.
WHEREAS, the party of the first part, by deed from Gilbert M.
stover and wife, dated February 26, 1947, of record in the Office of the Clerk of the
F ircuit Court of Frederick County, Virginia, in Deed Hook 199 at
page 362, acquired a
,certain tract or parcel of land containing 74.49 acres, together with improvements
thereon and appurtenances thereto belonging, known as the Jordan White Sulphur Springs
property, situate about four and one half miles northeast of the City of Vinchester, in
I
Frederick County, Virginia; and
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 party,
of the first part conveyed the aforesaid property to Burr P. Harrison, Harry K. Benham
and J. Edward Thoma, Trustees, to secure the payment of a promissory note, of even date
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 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
s
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
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 -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.
NOW, THEREFORE,. WITNESSETH:
That, for and in consideration of the sum of One Dollar
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 42 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 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 Wine-'
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 11orth 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; thenc+
with the Nast 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 56j deg. W 900 feet to (6) a set stone at a fence corner;
thence N 171 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 472 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 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 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 ani
opposite a twin sycamore tree; thence S 231 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 attach
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 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
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
Bond No. 10 is in the principal sum of Eighty Two Hundred and Fifty Dollars ($8250).
Said bonds bear interest from d+e at the rate of six per cent per�,nnum, payable semi-
annually, and are payable to the epparty of the third part or order, ati 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 de,e_d of truf
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.
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.
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,
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,
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-1
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 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 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
0
9
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 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 here
in conveyed and described as Tract No. 2, at public auction, in front of the County Cour
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
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
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 remainin�
unpaid, apd 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
the buildings thereon, duly endorsed for the protection of the deferred purchase money
debt.
Out o0 a proceeds from the sale of 'Tra0 o. 1, the 'Trustees
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 an
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
party of the first part, its successors or assigns.
WITNESS the signature of W. H. M. Stover, Incorporated, by Chart
E. Stover, its President, and the seal of said corporation duly affixed and attested by
W. H. M. Stover, its Secretary:
(SEAL)
Attest:
W. H. M. STOVER
Secretary
State of Maryland
City of Baltimore, to -wit:
W. H. M. STOVER, INCORPORATED
By CHARLES E. STOVER
President
I, Joseph E. Kraft, a Notary Public in and for the State and
i
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
i
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.
(SEAL)
My Commission as Notary Public expires May 1953.
JOSEPH E. KRAFT
Notary 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 4j miles !Northeast of
VVinchester, Virginia and situate in Stonewall Magisterial District, Frederick County,
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 631 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 162 deg. E 152 ft. to (3);
thence N 8j 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 Orndorff
S 15 deg. 05 min.'E 838 ft. to (7) a black oak tree•a corner to Orndorff; thence S 82
deg. E 441 ft. to (8) a stone a corner between Orndorff and Cooper; thence with Cooper
9 2 deg. W 990 ft. to (9) a post in a fence corner; thence S 47 deg. W 179 ft. to (10)
;s
post in a fence corner; thence S 63 3/4 deg. W 1116 ft. to (11) a point in the center
f Road No. 664 and in line with the South fence line of the land of bell; thence with
he center of Road No. 664 S 2 3/4 deg. E 235 ft. to (12) a point in the center of Road
o. 664 and in line with a wire fence the North boundary of bell's land on the West side
f Road No. 664; thence N 83 deg. W 105 A. to (13) the point of intersection of 2 wire
ences; thence with the East line of the 183.01 acre tract being conveyed by the Benner
state to Stover N 14 deg. W 451 ft. to (14) a black oak tree at an angle in a wire fence;
hence N 364 deg. W 1494 ft. to the point of beginning containing 74.49 acres, more or
ess.
Richard U. Goode
Certified Surveyor
8,41LEr
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H. T- 6c/v,4rA Es r.
z
Tp
W. N. A4. SrovER
1 s _ L OCK,4A4T
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333 6
4
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MAGNETICS 1954
SCAL E / % SOO,
V 11 LAND of COOPER
`0 W. N. M. S TO ✓ER v
7¢. ¢ 9 AGRES
A 9
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io
Is IU6
3 )b°v!
2,9s•
13
N83.W� /2
1
I I I
SURV&Y00 jUN-- 4, /95z
R/CHARD U. GOODE
CER-riF/ro 5URVEYoR
BELL
L OGATED ABOUT 4 % M//-E 5
NORTHEAST OF W/NCNE.STER,
oN BOTH S/D,ES of RDAO /VO-
664, /A/ STONEWALL D1srt1cr,
F8EDE,y1--x CouNTY , VA.
IRGINIA
REDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 15th day of
my 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was
Imitted to record.
C LERK
COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street
Winchester, Virginia 22601
3 UCi24 01
44 - A- - 294-
HOLY TRINITY MISSION SEMINARY
ST PHENSON, VA. 226jiCEIVED
OCT 262001
-^T OP al_ANNINGinFVFI O"P'
U.S. ECSTAi;
n � ,t
G�11Y:J4
COPY FOR YOUR
INFORMATION
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
1 IWIF1Cr\t101 I 0F PUBLIC Ht"A II IG
October 24, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: APPLICATION OF JORDAN SPRINGS, CONDITIONAL USE PERMIT #17-01
On behalf ofthe Frederick County Planning Commission, you are hereby notified of a public hearing
being held on November 7, 2001, at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider
Conditional Use Permit #17-01 of Jordan Springs to establish an office use that is of equal or lesser
nonconformity than the Shalom et Benedictus treatment center. This property is located at 1160
Jordan Springs Road and is identified with Property Identification Number 44-A-294 in the Stonewall
Magisterial District.
Additionally, this application will be heard the following Wednesday, November 14, 2001, by the
Frederick County Board of Supervisors at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend these public hearings. A copy
of the application will be available for review at the Handley Library approximately one week before
the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in Winchester, Virginia.
Sincerely, � 4W4
00
Rebecca A. Ragsdale
Planner I
RAR/ch
107 North Kent Street • Winchester, Virginia 22601-5000
Economic Analysis
of the Tax Benefits
to Frederick County, VA
of the Rezoning of
10 acres to B2: Commercial
and 263 acres to RA
Land
Current
New
Total Land
Tax
Acres
Assess. (1)
Asse§L._L21
Value
Rate 3
Tax
263
$ -
$ 6,000
$ 1 578, 000
$ 0.0061
$ 9,626
10
$ -
$ 20,000
$ 200,000
$ 0.0061
$ 1,220
Total
$ 10,846
I
Buildings
Current
New
Total bldg.
Tax
Sq. ft.
Assess. (1)
Assess. 3
Value
Rate 4
Tax
47,000
$ -
$ 40
$ 1,880,000
$ 0.0061
$ 11,468
Machine
Tax
Acquisition
Tax
Price (61
Rate 5
Tax
$ 300,000
$ 0.0420
$ 3, 780
Annual Total
to Frederick County
$ 26,094
Notes
1
-Currently owned by non- orfit organization.
(2)1
Per acre price based or3 I r e tracts owned by Shockey.
3
Pure uestimate. S
_
(4),
$0.61/$100 of ass ss en .
(5)
Actual Cost x 30% = assessment; then $4.20/$100 of assessment.
6)
Computers, servers, telecommunication equipment, etc.
I
19 � /,///0 /
401" TURNER
'WigREAL ESTATE, LLC
COMMERCIAL • INDUSTRIAL • RETAIL
R. J. Turner, M.B.A., M.S.
2971 Valley Avenue
Winchester, Virginia 22601
Licensed Broker in Virginia, Phone (540) 722-2200
West Virginia, and Maryland Fax (540) 722-2212