BZA 05-20-97 Meeting AgendaFILE COPY
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room of the Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
May 20, 1997
3:25 p.m. CALL TO ORDER
1) Minutes of April 15, 1997
3:30 p.m. PUBLIC HEARINGS
2) Appeal Application #006-97 of CFJ Properties (Flying J) to appeal the
determination made by the Director of Planning and Development in the
administration of the Zoning Ordinance regarding commercial business signs within
the IA (Interstate Area) Overlay District.
3) Variance Application #007-97 of CFJ Properties (Flying J) for a 20' sign height
variance, and a 198.95 -square -foot sign size variance for a business sign within the
Interstate Area Overlay District. The property is located at 1530 Rest Church Road
and is zoned B3 (Industrial Transition) District and IA (Interstate Area Overlay)
District. The site is identified with Property Identification Number 33-9-1 in the
Stonewall Magisterial District.
4) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on April 15, 1997.
PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr.,Vice
Chairman, Gainesboro District; Dudley Rinker, Back Creek District; and Harold
Nichols, Opequon District.
ABSENT: Ralph M. Wakeman, Shawnee District
STAFF
PRESENT: Andrew D. Evans, Zoning Administrator; Carol Cameron, Secretary
CALL TO ORDER
Chairman Sempeles called the meeting to order at 3:30 p.m.
MINUTES OF MARCH 18, 9997
Acting on a request from Mr. Rinker, the minutes from the March meeting were
amended. A copy of the amended portion of the minutes was handed out to each Board member.
Upon motion made by Mr. Rinker and seconded by Mr. Larrick, the minutes of March 18, 1997 were
unanimously approved as amended.
PUBLIC HEARING (3:35 p.m.)
Variance Application #005-97 of Devon Willett for a 5' side yard setback variance for an
addition to an existing structure. The property is located at 201 Stonecrest Court and is zoned
RA (Rural Areas). The site is identified with Property Identification Number 43-18-5 in the
Gainesboro Magisterial District.
ACTION - APPROVED
2
DISCUSSION
In the absence of Michael Ruddy; Planner I, Mr. Andrew Evans, Zoning
Administrator, presented the application and gave background information on the request. He
showed colored photographs of the addition, which was already under construction, and entered
into the record copies of letters from the Homeowner's Association and a letter from the
applicant's doctor regarding his medical condition. He informed the board that a building permit
had not been obtained for the addition, and a stop -work order had been issued. Mr. Andrews
stated that the staff recommendation for this variance was for denial as a demonstrable hardship
approaching confiscation does not exist.
Mr. Devon Willett, applicant, came to the podium to state the reasons for his
request; however, due to his medical condition, he presented the remainder of his case from the
bench. He said that he understood the setback to be 25 feet and only recently discovered it to be
50 feet. He said that he told his contractor about it and that the contractor told him he would
take care of obtaining the proper permits, but never did. Mr. Willet said that the second floor
addition sticks out in the back so there's no room for it, plus the Homeowner's Association has
denied an addition to the back of the house. They would, however, approve the side application;
Mr. Willett referred to the aforementioned letters. He also presented a letter from his neighbor,
who says they have no problem with the addition.
Mrs. Jackie Willett, the applicant's wife, spoke on her husband's behalf. She listed
the following reasons for the need for the addition:
1. Ventilator machine is needed to sleep at night and to use exercise equipment which is currently
stored downstairs in the basement. Mr. Willett cannot traverse the steps to use the equipment,
additionally, they would have to carry the ventilator machine up and down the steps. The purpose
of the exercise room directly off the bedroom is so he can lie down when he is worn out.
2. The shower they currently have is very small and Mr. Willett cannot stand for long periods.
They need to build a shower large enough to accomodate seating.
Chairman Sempeles asked Mr. Willett about the lack of a building permit. Mr.
Willett said that he had applied for a permit and that was when he found out about the 50 -foot
setback. He reiterated that he informed his contractor (Crigger/Krieger Contracting out of
Manassas, Virginia) of the need for a permit, who assured him he would take care of it.
Construction continued, however, and Mr. Willett insisted that he was not aware of the situation
because he was in Michigan, receiving medical treatment. On a question from Chairman
Sempeles, Mr. Willett said there has been no construction since the stop -work order was issued.
Mr. Mark Curry, who stated that he works for the applicant, came to the podium
to explain that he went to the Frederick County Inspections Department to apply for a permit
when he found out that the contractor had not taken care of it. He also said he was not aware
3
that the contractor had not pulled the proper permit, because he had also been told by
Crigger/Krieger Contracting that it would be taken care of. He said he didn't realize it until
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Mr. Larrick asked Mr. Willett why he didn't just go to his contractor and ask
`what's the story here?' Mr. Willett replied that he had confronted the contractor and that he was
not going to be completing the job.
Mr. Curry said that once the stop -work order had been issued, he came to the
Frederick County Inspections Department to find out if the contractor had even applied for a
variance and found that he had not.
Chairman Sempeles asked Mr. Willett how he came to hire Krieger Contracting
in the first place. Mr. Willett replied that he knew them from doing business in northern Virginia,
and that he didn't know any contractors in Frederick County. Discussion followed on the
selection of this particular contractor and the fact that he was entrusted to secure the proper
permits and did not.
Mr. Curry was asked questions about what his responsibilities in all this were,
where he lived now and where did he live before, when did he start working for Mr. Willett, and
why was the Homeowner's Association opposed to the addition on the back of the house.
Mr. Evans asked Mr. Willett about the drawing which was submitted for the 15'
x 30' addition, and asked if he could reduce the size to 20'. Mr. Willett insisted that with the
equipment he needs and the size of the shower required, he does need the 30'. Mr. Nichols said
he believed Mr. Evans meant could he turn the addition around so it would go 30' by 20' instead
of the other way around; in other words, how wide is his house? Mr. Willett replied that he did
not have his house plans with him and couldn't say how wide it measured.
Mr. Rinker interjected that just for the record, there was no relation between the
adjoining property owner by the last name of Rinker, and himself.
Mr. Larrick stated that the contractor is the "bad guy" here, and that the licensing
agency should be made aware of this. Mr. Larrick requested that the minutes reflect the Board
of Zoning Appeal's position that a letter of complaint against the Krieger Contracting Company
should be filed. Mr. Evans said that the State Board of Licensing requires three letters of
complaint before they will act on it. He said that he can do a letter, if the Board so requests. Mr.
Willett said he would be willing to do a letter of complaint but didn't know where to send it. Mr.
Evans stated that if Mr. Willett would provide him with the address of the contractor, he would
be glad to send it to the State Board of Licensing along with his letter on behalf of Frederick
County.
A motion was made by Mr. Rinker and seconded by Mr. Larrick to approve the
11
Y variance request; the motion was approved by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby
approve Variance Application #005-97 of Devon Willett for a 5' side yard setback variance
for an addition to an existing structure.
After the motion was approved, Chairman Sempeles asked Mr. Willett if he would
bring the letter of complaint against the contractor in to Mr. Evans the following day. Mr. Willett
replied that he would, and Mr. Curry added that they would take care of it.
Other
Mr. Evans brought up the training session for the Board of Zoning Appeals
which is being held on May 16, 1997. He said that he attended a similar training session and
is certified through the Board of Zoning Appeals Virginia Tech program. He told the Board
that it would be very helpful if when they made a motion, they would state reasons one, two
or three as to why they are making the motion. The reasons they should state are 1) is there a
demonstrable hardship; 2) is there an impact on adjoining property owners; and 3) will there
be an impact on the future. The reason it is important, Mr. Evans said, is that if a decision is
appealed to the Circuit Court, the first thing the judge looks at. If there is no reason given,
that gives him a chance to overturn the ruling.
Discussion followed on whether the burden should be on the applicant to show
the reason for why the variance should be approved, that sometimes applicants are not able to
represent themselves as well as others, that each variance should be judged on its own merit.
Further discussion on applicant's bringing an attorney to the Board of Zoning Appeals
meetings followed.
At this time, Chairman Sempeles suggested that the meeting be adjourned and
resume the discussion afterwards; however, Mr. Larrick pointed out that according to the
Freedom of Information Act, this was not possible.
The discussion continued on applicant or representatives coming to Board or
staff members individually to try to pursuade their opinions, why so many questions regarding
the size of the room needed by Mr. Willett were directed at the applicant, and whether 99.9%
of the decisions heard by the Board of Zoning Appeals should be turned down. Discussion
continued about builders laying out plats with no room for garages, decks, etc. and that it
should be a function of the planning department to address this before these plats are
approved; that many situations are "grandfathered" and there's nothing that can be done about
it and why does the County approve plats like this.
5
ADJOURNMENT
At this point, Mr. Larrick suggested that the conversation was becoming
political and moved for adjournment. The meeting was adjourned by unanimous decision at
4:35 p.m.
Respectfully submitted,
Manuel G. Sempeles, Chairman
Carol I. Cameron, Secretary
BZA REVIEW DATE: 5/20/97
BZA 9006-97 - APPEAL
CFJ PROPERTIES (FLYING J)
LOCATION: The property is located at 1630 Rest Church Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-9-1
PROPERTY ZONING & USE: Zoned B3 (Industrial Transition) District and IA (Interstate Area
Overlay) District; Land use - Under development
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District: Land use -
Agricultural, interstate highway, and vacant
APPEAL: Appeal of the determination made by the Director of Planning and Development in the
administra±ion of the Zoning Ordinance .with regards to commercial business signs within the IA
(Interstate Area Overlay) District.
REASON FOR APPEAL: See attached list from applicant stating their basis for appeal.
STAFF COMMENTS:
The applicant is appealing the determination made by the Director of Planning and Development.
Mr. Kris Tierney, in a letter dated April 4, 1997, to Mr. Craig Call, Community Liaison for Flying
J, Inc. In his letter, Mr. Tierney- determined that the Flying J facility does not qualify for a 500 -
square -foot commercial business sign in the Interstate Area Overlay District. Rather. FIN ing J is
limited to a 300 -square -foot sign as prescribed by Section 165-120,C (1) of the Frederick Count%
Zoning Ordinance.
Mr. Tierney's letter clearly demonstrates the position of this department. Rather than restating the
contents of the letter, I offer the following summary of the basis for Mr. Tiernev-s determination.
Flying J - Appeal
Page 2
May 12, 1997
The property in which the Flying J Travel Plaza is being developed is zoned B-3 (Industrial
Transition) District, and IA (Interstate Area Overlay) District. The Flying J Travel Plaza w as
permitted because the primary use was determined to meet SIC (Standard Industrial
Classification)Major Group 55 - Automotive Dealers and Gasoline Service Stations. Under
this major group is subgroup 5541 which allows truck stops with fuel sales. The B-3 district
permits all uses described in Major Group 55.
The B-3 district does not permit SIC 58, Eating and Drinking Places, nor does it permit SIC
72, Personal Services. The eating and drinking establishments, general merchandise and
apparel stores, convenience stores and service uses associated with the Flying J Travel Plaza
are only permitted as accessory uses to the permitted primary use, the truck stop � ith fuel
sales.
Section 165-119A, Qualifying Criteria, of the Interstate Area Overlay District Article.
specifies that uses within SIC Major Groups 53, 55, 56, 58, and 70 are permitted to erect a
commercial business sign that is of a greater height and size than is permitted in the
underlying zoning district. However, as previously explained, the truck stop with fuel sales
is the permitted primary use on the property. Therefore, the truck stop with fuel sales is the
only primary use authorized to erect a larger sign. Section 165-12OF allows the message
portion of this sign to be up to three hundred square feet in area.
In addition, staff believes that the Board, at their March 18, 1997 meeting, extensively addressed the
issue of several separate uses at this location and adeptly determined that Flying J Travel Plaza w -as
the primary use on the property, and that the various other uses are subordinate to the use as a travel
plaza. The Board, at the above meeting. affirmed that Flying J qualified for a commercial business
sign of three hundred square feet in size.
The Code of Virginia, Section 15.1-496.1, requires that all papers constituting the record from ,vh1ch
the action was appealed, be transmitted to the Board. Therefore, the correspondence from Mr.
Tierney to Mr. Call is attached. Mr. Tierney will be available at the meeting to elaborate on the
determination made in his letter to Mr. Craig Call, and to answer any questions the Board may lime.
STAFF RECOMMENDATION:
Affirmation of the determination made by the Director of Planning and Development.
File O \AGENDAS'C0NlNl iNTs'.F1_MGJ2 BZA
VARIANCE #006-97 - Appeal
Plying J PIN: 33-9-1
APPEAL
Palo 1 of S APPLICATION FOR VXP290= APPEAL
IN THR
COUNTY OF FREDERICXj VIRGINIA
r 1. applicant is the owner
2. APPLICANT:
ADDRESS 50 West 990 $uth
✓ other . (Check one)
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE: 801-734-6400 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
Bout west quadrant of In 81 and VA 669 (Exit 323)
1530 Rest Church Road
Clearbrook VA 22624
4. The property has a road frontage of 787.37 feet and a depth
of 1588.45 feet and consists of 25.0027 acres. (please be
exact)
5. The property is owned by CFJ Properties
as evidenCed by deed from d d
(previous owner)."7,
in deed book no. 867 on page 670-674deed`. '7``
Fob the .y,
books of the Clerk of the Court for Frederick C unity. ei;t},ick
a copy of the deed.
a,
cc_!
Page 2 of 5
6. Magisterial District: Stonewall
7. 14 -Digit Property Identification No.: 33-9-1
8: The existing zoning of the property is 8 B3 Tndii-g a l TT inti i t i an
iii St.
9. The existing use of the proparty is:ubAer DQyelonmenr_
10. Adjoining Property:
M ZONING
North Agriculture
East Interstate Hwy.
South Undeveloped
West Agriculture
11. Describe the variance sought in terms of distance and type.
(For example: "A 3.5' rear yard variance for an attached two
car garage.")
N/A
appeal
12. List specific reasons) why the wrdmww is being sought in
terms of:
T �X W9WR1XXAXiMx xXqsxxif
3pXxxi�
;. C•:Y., _ ,.1. .�. .�i.. ,N _ _.. .i 7n .; iii= >. r.,.�:•,:. �... _.i'. 'Sf _ '.
w 9-4.14r� � � � err �� v • .r �
See Exhibit "A"
13. Additional comments, if any
See Exhibit "A"
h
,
`•' (Zr
f�`�
�Y Cy)
P"Sdb
14. The following names and addresses are all of ft individuals, firms, or corporations owning
Property adjacent to the property for which the a ea is being sought, including properties at the
sides, rear and in front of (across street &om) the subject property. (Use additional pages if
necessary.) These people will be notifd by mail.of thiSLapplication.-
NANM interstate Orchards Address P. 0. Box 2368
Winchester, VA 22604
Property ID# 23-A-17 & 18
NAME Fruithill Orchard Co. Address P. 0. Box 2368
Winchester, VA 22604
Property ID# 33-A-90
NAND~ Rainbow Group
Property M#
33-9-4
Address 720 S. Braddock Street
Winchester, VA 22601
NAb,M Address
Property ID#
NAl E Address
Property ID#
NA&M Address
Property ID# - - - - - -- - - - -- ---- - --- - -
NAME Address
Property 1D#
NAND Address
Property ID#
NAME Address
Property ID#
NAUE Address
Property 1D#
15. Provide a sketch of the property (you may use this page).
Show proposed and/or existing structures on the property,
including measurements to all property lines and to the
nearest structure(s) on adjoining properties. Please include
any other exhibits, drawings or photographs with this
application.
A416n* Promrty
YMR PROPERTY
Prop"
rAdai,
$
-----------------____—Gauer of
Rood -------
Rood
.
W THESE
MEASIJREI4 eas
See Exhibits "D" and "E".
?.Mads
AGREEMENT
P. 11
VARIANCE M I
I (we), the undersigned, do hereby respectfUlly make application, and petiti the Frederick
CountyBoard of Zonis qo ck
g Appeals (BZA) to t a variance to the terms of the F crick County
Zoning Ordinance as described herein I agree to comply with any conditions r the variance
required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upn the property
for site inspection purposes.
I understand that the sign issued to me when this appgcation is wbnutted mist be placed at
the front property line at least seven (7) days prior to the BZA public hearing and r4alntained so as
to be visible $om the road or right-of-way until the heating.
I hereby certify that all of the statements and information contained herein
my knowledge, true.
SIGNATURE OFA7'7UC..'>NT
..�� De1,°ITF
SIGNATURE OF OWNER
Of other than applicant) DAVE
BZA PUBLIC HEARING OF ACTION:
• DAT
l?-
"FRO VAL SIGNED:
BZA CHAIRMAN
t"
r
DENIAL DATE: s
t
to the best of
'0� /r'
TOTAL P.11
C.,
Exhibit "A" to Appeals Application
In his April 4, 1997 letter to Craig Call (see Exhibit `B") hereto, the Planning Director erred in
determining that the proposed facility does not qualify for a 500 -square foot sign in that:
1. The project is located within the Interstate Overlay (IA) district, which is designed to
allow for "additional visibility for commercial businesses" within interstate interchange
areas (Zoning Ordinance § 165-116).
2. The provisions of § 165-120.F(2) authorize more than (1) freestanding commercial
business sign to share a common support pole, and further provides that the area of said
sign shall not exceed five hundred (500) square feet.
3. The interpretation asserted by the Planning Director would impair the visibility of the site
and would violate the property rights of Flying J pursuant to Amendments V and XIV of
the United States Constitution and Section 11 of Article 1 of the Virginia Constitution.
4. The interpretation asserted by the Planning Director would impair the visibility of the site
and would violate the free speech rights of Flying J pursuant to Amendment I of the
United States Constitution and Section 12 of Article 1 of the Virginia Constitution.
#29267/90560-023
Exhibit "B"
COUNTY of FREDERICK
ALL -STATE LEGAL SUPPLY CO- Department of Planning and Development
540/665-5651
FAX: 540/678-0682
April 4, 1997
Mr. Craig M. Call, Community Liaison
Flying J Inc.
P.O. BOX 678 r
Brigham City, Utah 84302
Dear Craig:
After reviewing the points of your Fax transmission of April 2, 1997, and considerable discussion
with staff members regarding the specifics of the Flying J project and the content of Frederick
County Ordinances, it is my determination that your facility does not qualify for a 500-squarC-foot
sign. .
This- determination' is based'primarily on the fact that your site is zoned B-3 (Industrial
Transition). This zone, permits a variety of heavy commercial uses such as whole_ Baling, motor
freight: transportation and warehousing, storage- facilities -forheavy construction, along with some
retail and other assorted uses. Eating and drinking establishments (restaurants), general
merchandise and apparel stores, convenience stores and service uses such as barber shops or
laundry mats are not permitted uses in the B3 zone. The existence of these uses on your site
would only be permitted as accessory uses to a permitted principle use.
Under § 165-120,C. (1) of the Frederick County Zoning Ordinance, any permitted principle use
may erect one business sign that complies with the provisions of the Interstate Area Overlay
Zone. The assertion that the "travel plaza" consists of more than one principle business use, and
therefore qualifies for a 500 -square -foot sign under the provisions of § 165-120, F. (1) is invalid
since the uses cited are not permitted principle uses.
I fully realize this is not the interpretation you were hoping for, however, I feel this is the only
valid conclusion that can be drawn which is in keeping with the intent of the Interstate Area
Overlay provisions.
Regarding the staff position on a variance application, I do not believe we could support a size
variance of any sort in this instance. After viewing the site from the southbound lane of the
interstate during our trip yesterday, I believe you would agree that square footage is not the issue.
The Exxon sign on the east side of the interstate is clearly visible and legible at under 150 square
feet. Surely, Flying J can convey a reasonable amount of information in 300 square feet.
Depending on the outcome of your efforts yesterday to relocate the sign to a more visible point
107 North Kent Street - Winchester, Virginia 22601-5000
Mr. Craig M. Call, Community Liaison
Page 2
April 4, 1997
on the site, you may have some basis for requesting a reasonable height variance. The staff would
only give a positive recommendation on a valid request where the need was clearly demonstrated.
If you desire to pursue a variance for sign height or square footage, the next available Board of
Zoning Appeals meeting date is May 20, 1997, with the cutoff date for submission of an
application being April 25, 1997.-
I
997.
I hope this information enables you to determine the course of action you need to take. If I can
provide any additional information or, if you would like to discuss the matter further, please do
not hesitate to contact me.
Sincerely,
Kris C. Tierney, AICP
Planning and Development Director
cc. Richard C. Shickle
Charles W. Omdoff, Sr.
John R. Riley, Jr.
DEED
Exhibit ', ,
ALL -STATE LEGAL SUPPLY CO. f
KSb7;�'0 i0
THIS DEED, made this day of October, 1996, by and between THE RAINBOW
GROUP, a Virginia general partnership, GRANTOR, and CFJ PROPERTIES, a Utah partnership,
GRANTEE, whose address is 50 West 990 South, Brigham City, Utah 84302.
THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash
in hand paid by the Grantee to the Grantor, and other good and valuable consideration, the receipt
r+"J, whereof is hereby acknowledged the Grantor does hereby bargain, sell, grant and convey, with
General Warranty and English Covenants of Title unto the Grantee, all of that certain lot or
parcel of land lying and being in the county of Frederick, Virginia and more particularly
described as follows, to -wit:
All those certain lots or parcels of land, situate in Stonewall Magisterial District,
Frederick County, Virginia, designated as follows:
PARCEL 1: Lots 1, 2 and 3 of White Hall Business Park, as same are shown on
plat of survey of record in Deed Book 747, at Page 1052, amended in Deed Book
750, at Page 1810, AND BEING a portion of the same property conveyed to the
Rainbow Group, a Virginia Partnership, from Manuel C. DeHaven and Pearl A.
DeHaven, husband and wife, in Deed dated July 8, 1989 and recorded July 31,
1989 in Deed Book 720, at Page 936;
PARCEL 2: Lots E and F; AND BEING the same property conveyed to The
Rainbow Group, a Virginia Partnership, from BDK, Ltd., a Virginia L.P. by deed
dated July 17, 1995 and recorded in Deed Book 842, at Page 127;
PARCEL 3: Lot D, as same is shown on plat of survey of record in Deed Book
279, at Page 156; AND BEING a portion of the same property conveyed to the
Rainbow Group, a Virginia Partnership, from Manuel C. DeHaven and Pearl A.
DeHaven husband and wife, in Deed dated July 28, 1989 and recorded July 31,
1989 in Deed Book 720, at Page 936;
PARCEL 4: Lot C, containing 18.750 square feet; AND BEING a portion of the
c Un -I �-,00�
same property conveyed to the Rainbow Group, a Virginia Partnership, from
Ronald Simkhovitch, homme sole, in Deed dated November 7, 1989 and recorded
December 4, 1989 in Deed Book 732, at Page 870;
PARCEL 5: Lot B, containing 18,750 square feet; AND BEING the same
property conveyed to the Rainbow Group, a Virginia Partnership, from Robert L.
Swartz and Brenda M. Swartz, husband and wife, in Deed dated June 13, 1995
and recorded June 13, 1995 in Deed Book 840, at Page 22.
ALL PARCELS: FURTHER BEING a portion of the property conveyed to The
Rainbow Group, a Virginia Partnership, by Quitclaim Deed dated May 8, 1996,
from Manuel C. DeHaven and Pearl A. DeHaven, his wife, recorded in Deed Book
858, at Page 196.
SAID PROPERTIES are further described by metes and bounds description
prepared by Bowers & Associates, P.C., attached hereto and made a part hereof.
AND BEING all of the land (as now surveyed) described in Deed Book (D.B.)
842, Page (Pg.) 127, D.B. 732, Pg. 870, D.B. 840, Pg. 22 and part of the land
described in D.B. 720, Pg. 936, and D.B. 858, Pg. 196. Said land being bounded
on the northeasterly comer by Virginia Department of Transportation (VDOT)
right of way for State Route 669, Plat Book 3, Pg. 1; and Tax Map Parcels 33A -
((A)) -7 through 10, Pen Day Enterprises, Inc., D.B. 651, Pg. 293 and D.B. 556,
Pg. 825; on the east by VDOT limited access right of way for Interstate Route 81,
Plat Book 3, Pg. 48; on the south by Lot 4 of White Hall Business Park, D.B.
747, Pg. 1052 and D.B. 750, Pg. 1810; on the west by property now or formerly
of Fruit Hill Orchard, Inc., D.B. 373, Pg. 496; on the northwesterly corner by tax
map Parcel 33a_((A))-2, property now or formerly of William M. Young, et ux,
D.B. 311, Pg. 212, and the remainder of the aforereferenced Quitclaim Parcel,
D.B. 858, Pg. 196; and on the north by property now or formerly of Inter -State
Orchards, Inc., D.B. 202, Pg. 82, D.B. 202, Pg. 131 and by the aforesaid VDOT
right of way for State Route 669, all among the land records of Frederick County,
Virginia.
Beginning at a P.K. nail set in the centerline of pavement of the aforementioned
State Route 669 -Rest Church Road;
Thence running with said centerline S 79` 08' 24" E., 375.00' to a P.K. nail set,
Thence running said centerline, S 10° 45' 13" W., 270.22' to a P.K. nail set,
Thence S 79° 14' 47" E., 299.83' to an iron pipe set.
Thence S 79' 14' 47" E, 299.83' to an iron pipe set.
2
605 0 72
Thence S 1 1* 12' 48" W, 450.37' to an iron rod found.
Thence 895.02' along the arc of a curve deflecting to the left having a radius of
14.444.73' and a chord bearing S 21' 31' 07" W, 984.88' to a point (passing over
an iron rod found along said arc at 894.77').
Thence N 78" 04' 37" W, 599.38' to an iron rod found,
Thence N 11" 55' 23" E, 1317.54' to an iron rod found,
Thence S 79° 14' 47" E, 68.30' to a cut "X" in stone.
Thence N 10" 45' 13" E, 270.91' to the point of beginning, containing 1,022,224
square feet or 23.4670 acres of land, more or less, all in accordance with an
ALTA/ACSM land title survey prepared by Bowers & Associates, P.C. of
Leesburg, Virginia, dated October 13, 1995, recertified July 14, 1996 and revised
September 10, 1996, reference B&A file no. C-771.
The undersigned Grantors acknowledge that they are the owners of adjoining lots and
hereby release any rights into the use of a dirt road shown on a survey dated October 13, 1995
prepared by Bowers & Associates, running through the property herein conveyed.
This conveyance is made subject, however, to all easements, conditions, restrictions and
reservations of record which affect said property.
0-0
The RAINBOW GRO
Henry C. Wenner, Jr.
General P ner
i
and
(Ronald S. Simkhovitch
General Partner
3
COMMONWEALTH OF VIRGINIA AT LARGE
City of Winchester, to -wit:
The foregoing instrument was acknowledge
Henry C. Buettner, Jr.
My commission expires 12-31-99.
COMMONWEALTH OF VIRGINIA AT LARGE
City of Winchester, to -wit:
✓0-73
d ru
before me this 3rd day of October, 1996 by"
J J �
Notary Public
The foregoing instrument was acknowledged before me this 3rd day of Octo�* .v9:6 by
Ronald S. Simkhovitch.
My commission expires 12-31-99.
Notary Public'. .'
VfRGINfA: 1`19COERICK COUNTY, SCT.
Th's in..•rurnant or `hIng(was produced to mo on the
and witt', ce; tificete o! acknowladgm*nnt thereto annexad
wb record. Tax Imposed by Sec. Sa.1-802 of
S and
Sa-1-801 have been paid, if assessable.
G1i
Clerk
4
FLYING J TRAVEL PLAZA SIGN PROGRAM
PANAFLEK FLEXIBLE FACE FOR
MAJOR IDENTIFICATK)N SECTION (q.LIAA.
WRH MlTERNAL HORIZONTAL
ILLUMINATION.)
WHITE BKGO. YAM BLACK COPY AND
COLOR GRAPHICS
WHITE FABRIC FACE MATERIAL
YELLOW-VT5= SUNFLOWER
ORANGEArM604 ORANGE
RED- VT4757 RED VINYL
SHEET METAL FABRICATED FILLER AND
RETAINER TO HAVE SATIN BLACK FINISH
SKYLINE PRODUCTS PRICE DISPLAY
SYSTEM W1 6W CHARACTERS 6
RE—AICTE CONTROLLED
PRICE MODULES
PAINT SUPPORTS SATIN BLACK
ENGINEERING
NOTE
r
FOUNDATION REOUIREMENTS SHOWN
ARE TYPICAL AND MAY REQUIRE ENGINEERING ;
FORTH SOIL CONDITIONS AND
CODE RESTRICTIONS FOR THE
SPECIFIC GUXNW IC AREA IN
WHICH SIGN SHAD, INSTALL
SIGN TYPE B
DOUBLE -FACE, INTERNALLY ILLUMINATED
HIGH RISE SIGN WITH GAS SIGN
Exhibit "D"
ALL•STATE LEGAL SUPPLy 00
IcAS SGM 73'4'
MAW I.D.) JVC
1V CTR- t
76'
T
498.95 SQ. Fr
GQ'ou
rn...-
Flying J Travel Plaza ��
Location: WINCHESTER, VA.
�''+�K FEDERAL SIGN
CIVIL 7" L SNE
_
12
A
Q 8 2
CIO
4 L'4NZ)S
co
RN
)11'
4�� r F
UEL
�L/z,4
EDr
J % O
Exhibit "E"
ALL -STATE LEGAL SUPPLY CO.
BZA REVIEW DATE: 5/20/97
VARIANCE #007-97
CFJ PROPERTIES (FLYING J)
LOCATION: The property is located at 1630 Rest Church Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-9-1
PROPERTY ZONING & USE: Zoned B3 (Industrial Transition) District and I.A (Interstate Area
Overlay) District; Land use - Under development
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District: Land use -
Agricultural, interstate highway, and vacant
VARIANCE: 20' sign height variance, and a 198.95 square foot sign size variance
REASON FOR VARIANCE: Height increase is sought so the sign can be seen to south bound
traffic. Square feet increase sought so the sign will be legible to traffic. See Exhibit "A."
STAFF COMMENTS:
This Variance application is different to the previous application heard by the Board at their March
18, 1997 meeting in that the applicant is requesting a reduced height variance and a reduced size
variance from their previous application. More important, the sign is shown to be placed at a
different location on the property. This new location is directly adjacent to State Route 669 and is
shown on the site layout submitted as part of the application.
The necessity of the 198.95 -square -foot sign size variance request is dependant upon the outcome
of Appeal Application #006-97. Should the Board decide in favor of the appellant. Flying J would
be entitled to a 500 -square -foot sign. The proposed 498.95-square-footsign would be permitted by -
right. If the Board affirmed the determination made by the Director of Planning and Development.
the 198.95-square-footsign size variance request would be necessary. The Board should address the
height increase variance request regardless of the outcome of the Appeal application.
Flying J - Variance #007-97
Page 2
May .12, 1997
To summarize the intent of the Interstate Area Overlay District which was adopted in June 1995, the
IA District is intended to provide commercial businesses within an identified area the ability to
utilize business signs that are in excess of the limits specified in Section 165-30 of the Zoning
Ordinance. This flexibility is provided to inform the traveling public of business service
opportunities at specific interchange areas. The standards within this article are designed to allow-
for additional visibility for commercial businesses while minimizing the negative impacts to
adjoining properties. The property on which Flying J is developing their travel plaza is within the
Interstate Area Overlay District and they are, therefore, permitted to erect one commercial business
sign that complies with the requirements of the Interstate Area Overlay District.
The message portion of a commercial business sign within the Interstate Area Overlay District may
be as large as 300 square feet in area. Any permitted primary use in this district may erect one
business sign that complies with the requirements of the Interstate Area Overlay District. The truck
stop with fuel sales is considered to be the only primary use on the property and. therefore. the
maximum size of the sign cannot exceed 300 square feet. The applicant is proposing to construct a
sign that is 498.95 square feet in size. This would require a size variance of 198.95 square feet.
It would be appropriate to compare existing signs when considering this variance request. Also.
located at the exit 323 intersection is an Exxon sign. This sign is 128 square feet in size and is clearly
visible and legible. The Cracker Barrel sign, which the board recently considered. is 281 square feet
in size. Staff is of the opinion that 300 square feet is more than a sufficient size in which to convey
a reasonable amount of information.
In addition to evaluating existing signs, staff believes that the Board, at their March 18. 1997
meeting, extensively addressed the issue of several separate uses at this location and adeptly
determined that Flying J Travel Plaza was the primary use on the property and that the various other
uses are subordinate to the use as a travel plaza. The Board, at the above meeting. affirmed that
Flying J qualified for a commercial business sign of 300 square feet in size.
It should be noted that the sign depicted in the application package identifies only one use. the Flying
J Travel Plaza. The sign does not attempt to depict any of the other uses identified in Exhibit "A"
of the application.
The property being developed is located at the exit 323 interchange area. The maximum business
sign height at this exit is 710 feet above mean sea level. The applicant is requesting a 20' variance
from this height requirement which would place the height of this sign at 730 feet above mean sea
level. Based upon information contained within the site plan for this project, the sign is located at
a point where the base of the sign would be 667' above sea level. Based upon the 710' limit. this
location would allow a sign with a maximum height above grade of 43'. With the requested ?0'
variance, the maximum height above grade for the sign would be 63'.
Flying J - Variance 9007-97
Page 3
May 12, 1997
As with the previous application, the sign detail included in the application appears to be inconsistent
with the requested height variance. The applicant is showing a sign that is 69' in height. Based on
information contained on the site plan for this project, this sign would be higher than the 730' ceiling
requested by the variance. Alternatively, if 730' above mean sea level is the point at which Flying
J believes the sign is visible in both directions, then a sign that is 63' in height would suffice.
Once again, it would be appropriate to compare existing signs when considering this variance
request. Also located at the exit 323 intersection is an Exxon sign. This sign is 60' in height. When
considering its height relative to mean sea level, the sign is 706 feet above mean sea level which is
4' below the established ceiling of 710'.
The Code of Virginia, Section 15.1-495(2) states that no variance shall be authorized by the board
unless it finds that a) strict application of the ordinance would produce an undue hardship: b) that
such hardship is not shared generally by other properties in the same zoning district and the same
vicinity, and; c) that the authorization of such variance will not be of substantial detriment to
adjacent property, and that the character of the district will not be changed by the granting of the
variance.
Staff believes that granting this variance would be inappropriate as the applicant has not
demonstrated that a hardship approaching confiscation exists. The applicant has not demonstrated
that a sign constructed in compliance with zoning ordinance regulations would not be visible in both
directions along Interstate 81. In addition, a sign of the magnitude proposed would be of detriment
In
to adjacent properties, and the characterof the districtwould be substantially changed if this � ariance
request was to be approved.
STAFF RECOMMENDATION:
Denial of both the sign height and sign size requests.
f�iz o ,-�cF�o-�s coninir.�rs ri_�iNc�: sz-�
APR -20-97 SUN 22:33 FREDERICK COUNTY 1 5406780682 P.07
j+:ij_nti
Palo 1 of s APPLICATION FOR VARIANCE f � v� N
� 1 �
IN THE
1. The applicant is the owner X — other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: CF,T Properties NAME:
ADDRESS 50 West. 990 South ADDRESS:
TELEPHONE: 801/734-6400
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
cn„t-hWi,gt- Qiiarlrant of jTtarctato 81 anti VA 669 (Exit 323)
1530 Rest Church Road
Clearbrook.VA 22624
4. The property has a road frontage of 787.37 feet and a depth
of 158R -As feet and consists of 25.0027 acres. (please be
exact)
5. The property is owned by CFJ Properties
as evidenced by deed from recorded
(previous owner)
in deed book no. 867 on page 6,70-674 of the deed
books of the Clerk of the Court for Frederick County. attach
A cagy of the deed.
mrr ;=IWN «:skr e-K=-URIi- ICK 4UvnTr 1 5466780682 P.62
Page 2 of 5
6. Magisterial District: newall
7. 14 -Digit Property Identification No.: 33-9-1
S.
The existing Zoning of
the property is; B3
Industrial Transition Dist.
9.
The existing use of the
property is: Under
Development
10.
Adjoining Property:
0 /j
iLKJi
ZOIJXNGN
V
North A¢ricul
--- — —ture
o: >
EastInterstate Hwy.
�'
.13
r _' `^
South
, Q
West Agri r•i,1tiIrp-
tom_ i
11.
Describe the variance
sought in terms of
distance an&-'- K1 e,;;,�,,`y J 1~i
(For
(For example: "A 3.5'
rear yard variance
for an at
car garage.")
-an increase of 20' to 730' above mean sea level
-In the event that the companion administrative appeal is not
the 300 square feet allowed by Section 165-120.1'(1) of the Zoning
r 1n n r�
12. List specific reason(s) why the variance is being sough- in
terms of:
exceptional narrowness, shallowness, Size or shape of
property, or
- exceptional topographic conditions or other extraordinary
situation or condition of property, or
- the use or development of property immediately adjacent
thereto
Height increase is sought so sign can be seen by southbound traffic.
care Feet increase sought so the sign will be legible to traffic.
_qPP_FXh i h i r "A"-
13. Additional comments, if any
See Exhibit "A".
~sat6
14. The following names and addresses arc a tt of the individuals, firms, or corporations owning
property adjacent to the property for which the variance is being sought, including properties at the
sides, rear and in front of (across street from) the subject property. (Use additional pages if
necessary.) These people will be notifd by mail of this application:
NAM Interstate Orchards
Address
P. 0_ Box 2368
Winchester, VA 22604
Property M# 23 - A - 17 & 18
NAME Fruithill Orchard Co.
Address
P. 0. Box 2368
Winchester, VA 22604
Property ID# 33 - A - 90
NAME Rainbow Group
Address
720 S. Braddock Street
_
Winchester, VA 2260
Property M# 33 - 9 - 4
NAME
Address
Property ID#
NAME
Address
Property M#
NAME
Address
pert.V -- - -- ---------
NAME
Address
Property,ID#
NANS
Address
Property M#
NMO
Address
Property ID#
NAME? Address
Property ]D#
IS. Provide a sketch of the property (you may use this page).
Show proposed and/or existing structures on the property,
including measurements to all property lines and to the
nearest structure(s) on adjoining properties. Please include
any other exhibits, drawings or photographs with this
application.
AA466rq P"V" muR PROPERTY
raaa�=
T-i
�
Road_
___
o{ __
Rood —
-
See Exhibits "D" and "E".
?Alp 0 feI
AGREEMENT
VARIANCE 0
I (we), tho undersigned, do hervby respecdUy make application, and pedti r► the Frederick
County Board of Zorting Appeals (BZA) to gent a variance to the terms of the Fe erick County
Zoning Ordinance as described herein. I agree to comply with any conditions I Dr the vatiance
required by the BZA.
I authorize the members of the BZA and Frederick County officials to go u n the property
for site inspection purposes.
I understand that the sign issued to me when this application is submitted mist be placed at
the font property line at leant seven (7) days prior to the BZA public hearing and r4alntained so as
to be visible from the road or right-of-way until the hearing.
t L---�--- _—'n. tet_ _. _H _ e.1. . . . . .. .I . . . .
APPROVAL
-1 DENIAL
•DATE -
SIGNED
W_
BZA CHAIRMAN
TOTAL P.11
Exhibit "A" to Variance Application
1. That the strict application of the Zoning Ordinance will produce practical
difficulties and undue hardship.
* If this petition is granted, the effect will be to achieve readable signage to identify the project.
This operation serves interstate travelers and is logically located adjacent to Interstate 81.
The views available to drivers approaching along this stretch of Interstate 81 are limited such
that a 300 square foot sign will not effectively identify the business.
2. Such hardship is not shared generally by other properties in the same zoning district
and the same vicinity.
This 25 -acre project includes the following diverse services:
► Semi -truck diesel fueling and parking.
► Semi -trucks Weigh Scales.
► Professional Truck Drivers facilities including T. V. lounge, telephones, showers,
and communications.
► Cars and R.V.'s fueling, parking, and RV. sanitary dump station.
► Two Fast Foods inside a 24-hour Convenience Store.
► A 24-hour full-service Restaurant.
The numerous services provided in this one complex project resemble a small retail complex
more so than a single business entity.
* To limit the primary pole sign to 300 square foot would reader the sign ineffactive fo.
Interstate 81 travelers. A small business on a corner lot with at least two primary uses would
be allowed at least two signs, regardless of how small the site may be. This 25 -acre project
requires the following signs to identify the various services available on site:
Primary, Interstate 81 -oriented sign, with the following items:
► Flying J Travel Plaza Sign
► Gas Pricing Sign
To limit this project to two signs effectively limits the number of retail services identified.
This project has more retail services than two.
3. The authorization of such variance will not be of substantial detriment to adjacent
property and the character of the district will not be changed by the granting of the
variance.
In the task of adequately identifying this interstate business from a distance -- so that vehicles
629261H056o-023
can safely maneuver for an exit to the facility -- this larger sign enhances public safety.
This commercially zoned area is developing as a diverse commercial area. Each added
commercial property has been allowed signage, resulting in an increase of signs existing in the
area Located adjacent an interstate highway interchange, this area will continue to increase
in commercial properties with the associated signage increases. This project is simply a part
of the agriculture -to -commercial evolution of this area, and therefore in character with this
changing "neighborhood".
SM61/90560-M
xhibit "B" C(_- 'NTY of FREDERICK
KLmAre�GAL�� Department of Planning and Development
540/665-5651
FAX: 540/678-0682
April 4, 1997
Mr. Craig M. Call, Community Liaison
Flying J Inc.
P.O. Box 678
Brigham City, Utah 84302
Dear Craig:
After reviewing the points of your Fax transmission of April 2, 1997, and considerable discussion
with staff members regarding the specifics of the Flying J project and the content of Frederick
County Ordinances, it is my determination that your facility does not qualify for a 500 -square -foot
sigh. .
This- deterriiinatiori' is' based �priniarily on:the fact that your site is zoned B-3 (Industrial
Tran`sition).� This zone permits avariety nfheavy conunercial uses such as whol motor
o. -.
fi�eightAransportaiion and warehousing, storage'facilitiesfor*heavy construction, along with some
ail and other assorted uses. Eating and dnnkmg establishments (restaurants), genersl
uterchandise and apparel stores, convenience stores and service uses such as barber shops or
Laundry teats are not permitted uses in the B3 zone. The existence of these uses on your site
would only be permitted as accessory uses to a permitted principle use.
Under §165-120,C. (1) of the Frederick County Zoning Ordinance, any permitted prindple use
may erect one business sign that complies with the provisions of the Interstate Area Overlay
Zone. The-assettion that the `travel plaza" consists of more than one principle business use, and
therefore qualifies for a 500 -square -foot sign under the provisions of § 165-120, F. (1) is invalid
since the uses cited are not permitted principle uses.
I fully realize this is not the interpretation you were hoping for, however, I feel this is the only
valid conclusion that can be drawn which is in keeping with the intent of the Interstate Area
Overlay provisions.
Regarding the staff position on a variance application, I do not -believe we could support a size
variance of any -sort -in -this instance. After viewing the site from the southbound lane of the
interstate during our -trip yesterday, I believe you would agree that square footage is not the issue.
The Exxon sign on the east side of the interstate is clearly visible and legible at under 150 square
feet. Surely, Flying J can convey a reasonable amount of information in 300 square feet.
Depending on the outcome of your efforts yesterday to relocate the sign to a more visible point
107 North Kent Street - Winchester, Virginia 22601-5000
Mr. Craig M. Call, Community Liaison
Page 2
April 4, 1997
on the site, you may have some basis for requesting a reasonable height variance. The staff would
only give a positive recommendation on a valid request where the need was clearly demonstrated.
If you desire to pursue a variance for sign height or square footage, the next available Board of
Zoning Appeals meeting date is May 20, 1997, with the cutoff date for submission of an
application being April 25; 1997.-
I
997:
I hope this information enables you to determine the course of action you need to take. If I can
provide any additional information or, if you would like to discuss the matter further, please do
not hesitate to contact me.
Sincerely,
Kris C. Tierney, AICP
Planning and Development Director
CC. Richard C. Shiclde
Chades W. Omdoff, Sr.
John R. Riley, Jr.
Lxr_nioit:-STATE LEGAL S -L.
DEED .,
85?,-��05 i0
THIS DEED, made this day of October, 1996, by and between THE RAINBOW
GROUP, a Virginia general partnership, GRANTOR, and CFJ PROPERTIES, a Utah partnership,
GRANTEE, whose address is 50 West 990 South, Brigham City, Utah 84302.
THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash
in hand paid by the Grantee to the Grantor, and other good and valuable consideration, the receipt
whereof is hereby acknowledged the Grantor does hereby bargain, sell, grant and convey, with
General Warranty and English Covenants of Title unto the Grantee, all of that certain lot or
parcel of land lying and being in the county of Frederick, Virginia and more particularly
described as follows, to -wit:
All those certain lots or parcels of land, situate in Stonewall Magisterial District,
Frederick County, Virginia, designated as follows:
PARCEL 1: Lots 1, 2 and 3 of White Hall Business Park, as same are shown on
plat of survey of record in Deed Book 747, at Page 1052, amended in Deed Book
750, at Page 1810, AND BEING a portion of the same property conveyed to the
Rainbow Group, a Virginia Partnership, from Manuel C. DeHaven and Pearl A.
DeHaven, husband and wife, in Deed dated July 8, 1989 and recorded July 31,
1989 in Deed Book 720, at Page 936;
PARCEL 2: Lots E and F; AND BEING the same property conveyed -to The
Rainbow Group, a Virginia Partnership, from BDK, Ltd., a Virginia L.P. by deed
dated July 17, 1995 and recorded in Deed Book 842, at Page 127;
PARCEL 3: Lot D, as same is shown on plat of survey of record in Deed Book
279, at Page 156; AND BEING a portion of the same property conveyed to the
Rainbow Group, a Virginia Partnership, from Manuel C. DeHaven and Pearl A.
DeHaven husband and wife, in Deed dated July 28, 1989 and recorded July 31,
1989 in Deed Book 720, at Page 936;
PARCEL 4: Lot C, containing 18.750 square feet; AND BEING a portion of the
same property conveyed to ane Rainbow Group, a Virginia PalLnership, from
Ronald Simkhovitch, homme sole, in Deed dated November 7, 1989 and recorded
December 4, 1989 in Deed Book 732, at Page 870;
PARCEL 5: Lot B, containing 18,750 square feet; AND BEING the same
property conveyed to the Rainbow Group, a Virginia Partnership, from Robert L.
Swartz and Brenda M. Swartz, husband and wife, in Deed dated June 13, 1995
and recorded June 13, 1995 in Deed Book 840, at Page 22.
ALL PARCELS: FURTHER BEING a portion of the property conveyed to The
Rainbow Group, a Virginia Partnership, by Quitclaim Deed dated May 8, 1996,
from Manuel C. DeHaven and Pearl A. DeHaven, his wife, recorded in Deed Book
858, at Page 196.
SAID PROPERTIES are further described by metes and bounds description
prepared by Bowers & Associates, P.C., attached hereto and made a part hereof.
AND BEING all of the land (as now surveyed) described in Deed Book (D.B.)
842, Page (Pg.) 127, D.B. 732, Pg. 870, D.B. 840, Pg. 22 and part of the land
described in D.B. 720, Pg. 936, and D.B. 858, Pg. 196. Said land being bounded
on the northeasterly corner by Virginia Department of Transportation (VDOT)
right of way for State Route 669, Plat Book 3, Pg. 1; and Tax Map Parcels 33A -
((A)) -7 through 10, Pen Day Enterprises, Inc., D.B. 651, Pg. 293 and D.B. 556,
Pg. 825; on the east by VDOT limited access right of way for Interstate Route 81,
Plat Book 3, Pg. 48; on the south by Lot 4 of White Hall Business Park, D.B.
747, Pg. 1052 and D.B. 750, Pg. 1810; on the west by property now or formerly
of Fruit Hill Orchard, Inc., D.B. 373, Pg. 496; on the northwesterly comer by tax
map Parcel 33a ((A))-2, property now or formerly of William M. Young, et ux,
D.B. -311, Pg. 212, and the remainder of the aforereferenced Quitclaim Parcel,
D.B. 858, Pg. 196; and on the north by property now or formerly of Inter -State
Orchards, Inc., D.B. 202, Pg. 82, D.B. 202, Pg. 131 and by the aforesaid VDOT
right of way for State Route 669, all among the land records of Frederick County,
Virginia.
Beginning at a P.K. nail set in the centerline of pavement of the aforementioned
State Route 669 -Rest Church Road;
Thence running with said centerline S 79" 08' 24" E., 375.00' to a P.K. nail set,
Thence running said centerline, S 10' 45' 13" W., 270.22' to a P.K. nail set,
Thence S 79' 14' 47" E., 299.83' to an iron pipe set.
Thence S 79' 14' 47" E, 299.83' to an iron pipe set.
2
635 7�G072
Thence S 11' 12' 48" W, -J.37' to an iron rod found.
Thence 895.02' along the arc of a curve deflecting to the left having a radius of
14.444.73' and a chord bearing S 21' 31' 07" W, 984.88' to a point (passing over
an iron rod found along said arc at 894.77').
Thence N 78' 04' 37" W, 599.38' to an iron rod found,
Thence N 11' 55' 23" E, 1317.54' to an iron rod found,
Thence S 79' 14' 47" E, 68.30' to a cut "X" in stone.
Thence N 10' 45' 13" E, 270.91' to the point of beginning, containing 1,022,224
square feet or 23.4670 acres of land, more or less, all in accordance with an
ALTA/ACSM land title survey prepared by Bowers & Associates, P.C. of
Leesburg, Virginia, dated October 13, 1995, recertified July 14, 1996 and revised
September 10, 1996, reference B&A file no. C-771.
The undersigned Grantors acknowledge that they are the owners of adjoining lots and
hereby release any rights into the use of a dirt road shown on a survey dated October 13, 1995
prepared by Bowers & Associates, running through the property herein conveyed.
This conveyance is made subject, however, to all easements, conditions, restrictions and
reservations of record which affect said property.
a
i
andf ,
�L
(Ronald S. Simkhovitch
General Partner
3
COMIVIONWEALTH OF VIRGINIA AT LARGE
City of Winchester, to -wit:
The foregoing instrument was acknowledge
Henry C. Buettner, Jr.
My commission expires 12-31-99.
COMMONWEALTH OF VIRGINIA AT LARGE
City of Winchester, to -wit:
� o r ru0 7 3
before me this 3rd day
of October, 19,96- by"
Notary Public
euu�.•�••,•
The foregoing instrument was acknowledged before me this 3rd day of Octo1jti3996*by
Ronald S. Simkhovitch. = �•, ' <<
Notary
My commission expires 12-31-99.
VIRGINIA: FREDERICK COUNTY. SCT.
Th s instrument of \hingewas produced fo me on the ,
of .17
and withceltificete of acknowladgme.1t thereto annexed
we d 'tfer` :0 C ecor d. Tax Impossd by Sec. 58.1-802 of
5 and 58.1-801 have been paid, if assessable.
Clerk
4
Exhibit "D"
All -STATE LEGAL SUppty CO
FLYING J TRAVEL PLAZA SIGN PROGRAM
_FC YEN ,t;
F777:3W.-F—M,
PANAFLDC FLEKIBLE FACE FOR
MA" IOENTIFK�TION SECTION nn��uu
MIfTFi fRTTTt►U1L HDII�()NTAI.
Iii ANATION )
VA4TE BKOO. MOTH BLACK COPY AND
WHITE FABR)C FACE MATERNL
YELLO W A17=5 6LVAI.O W ER
ORA►GEA/T5664 ORANGE
RED. VT4757 RED VINYL.
SHEET METAL FABRICATED FILUM AND
RETAINER TO HAVE SATIN BUCK FINISH
SKYU1E PRODUCTS PRICE DISPLAY
SYSTE U WT QC' CHARACTUM i
REMOTE CONTROLLED
PRICE MOOLIES
PANT SUPPORTS SATIN BLACK
ENGINEERING
i
MOTE
FOUNDATION REOU eMEWT6 SHOWN i
i ARE TYPICAL AND WIY P43SM B01143M 10
FDRTH MI. CONDMONS AND -
CODE RESTRICTIONS FOR THE
SPECFTC GGOORAPICARH1 IN
WHICH 611111 SHALL NGM 1L
SIGN TYPE B
DOUBLE -FAKE. INTERNALLY ILLUMINATED
HIGH RISE SIGN WITH GAS SIGN
r.AS W-+9 n.d.
MAN LDS Jjr r
1r CTR
498.95 SQ. Fr
(sq a.0
Flying J Travel Plaza
Location: WINCHESTER, VA.
FERAL SIGN
arn. F"r d WOW ty-0.
Exhibit "E'
ALL -STATE LEGAL SI/PPLV W.
ho; V
y v t.p�
z ,
Z),5
'0