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HomeMy WebLinkAbout004-95 Rezoning - Flying J. Inc. - Stonewall - Backfile (2)Flying J is committed to taking care of you, the interstate driver. We believe one of the best ways to do this is to provide great food at competitive prices. Our 24-hour restaurants are known for high -quality food, generous portions, and low prices. Conveniently located at select Travel Plazas, Flying J Inns offer clean rooms and a friendly atmo- sphere at very competitive rates. FLYING J P.O. Box 678 Brigham City, UT 84302 (801) 734-6400 Flying J is committed, as a matter of policy, to maintain our workforce and workplace free from unauthorized, prohibited, illegal or controlled substances including alcohol and drugs. All Flying J personnel are screened prior to employment. FLYING J's NETWORK In Ogden • In Richfield � • In snowville Flying J's 24-hour convenience stores offer a wide variety of quality merchandise as well as delicious hot and cold deli items. For fast cash on the road, just find a Flying J —every Travel Plaza offers an Automatic Teller Machine for your convenience. Considered state-of-the-art, certified J-Scales are backed by Flying J's written guarantee. Enjoy the cleanest, most luxurious private showers in the industry — FREE with a 50-gallon fuel purchase receipt from Flying J. Enjoy AT&T quality phones, available in rows of private phone booths or at your restaurant table for dining convenience. Our convenient 24-hour laundry facilities are one more way Flying J delivers the conveniences of home while you're on the road. Enjoy many other Flying J amenities such as barber shops, � brokers' offices, shoe shine booths, acres of paved parking, comfortable drivers' lounges, and more — now and at future sites under development. FLYING J 21/_ Premiers Interstate Network With 85 Locations To Serve You! _ 1 %e fastest gro wing ,network o f c/uatity `-' interstate services • C'umpetii''ve streeir prices • Premium diesel • .AT&T telephone. • hill -service restucu'unts Convenicliceslores • 1'lYiug .l Frpress I'(lr C ardreade is And Aluch More... i *Franchised Facilities ♦Nearby + Amenities To Be Announced WASHINGTON MONTANA .NORTH DAKOTA f OREGON IDgHO SOUTH DAKOTA WYOMING 13 r- NEVADA NEBRASKA U UTAI-1 COLORADO ■ A KANSAS A , s RNIA s ARIZONA NEW MEXICO , OK TEXAS * Travel Plazas Travel Plazas with J Care Facilities Fuel Stops e Sites Under Construction ■ Properties in Permitting Process ; MINNESOTA pUEBEC ■ MICH. �> WISCONSIN NoN YORK NH. s - MICH. -- MASS. ` IOWA :1 LV. N1A _Rl. ILL. ■ �V Eot4 CONN. TND. I I ` t _^ O 10 - NEW JERSEY - �—� MD. 1 � DEL. ,o y W, VA. • �> VA. KY. - MISSOURI - HOMA ARKANSAS r` N. CAR• ;; TENN. ALA. S. CA . MISS. GA. �. LOUISIANA� FLORIDA Flying Fs new Express Pay Cardreader System speeds up the fuel transaction process to save you time and money! J Care Service Centers offer expert service and exceptional amenities for driver comfort. FLY/NC J's NETWORK * TRAVEL PLAZAS AL AR AR Bessemer (Birmingham) Russellville Texarkana 1.20 & 1-59, Exit 104 I.40 Exit 84 1.30 Exit 7 (205) 477.9181 (501) 890-6161 (501) 774-3595 AR West Memphis -40 Exit 281 & 1.55 Exit 4 501) 735-8200 AZ Ehrenberg 1-10 Exit 1 (602) 923-9600 AZ Eloy 1-10 Exit 208A 602) 466-9205 AZ Kingman 1-40 Exit 53 602) 757.7300 AZ Winslow 1.40 Exit 257 ECK LISTING ID McCammon 1-15 & Hwy 30 Exit 47 (208) 254-3741 D Post Falls 1-90 Exit 2 (208) 773-0593 IN Gary 1-94 & 1-80 Exit 9A (219) 981-4646 IN Indianapolis 1.465 Exit 4 (317) 783.5543 KS Salina 1.70 Exit 252 CHECK LISTING * Franchised Facilities (2) Flying J posts the most competitive street prices in the industry: purchase FJ2000 Plus premium diesel at straight #2 prices! Our high-tech fuel desks with courteous clerks provide fully automated receipts and fast service. N ,eceive additional Aik enefits as a member of Flying Fs Frequent Fueler club. RoadLink is a complete service and information system for the transportation industry: simple and easy to use, RoadLink interactive kiosks provide fax and copy services, fax and message mailbox services, load matching and freight availability information, Rand McNally "Milemaker," mileage and routing, call - board listings, and permit services. Call 800-206-5506 for more information. * TRAVEL PLAZAS NE Gretna (Omaha) 1.80 Exit 432 (402) 332-4483 PA Carlisle 1-81 Exit 17E (717) 243.6659 SC Blacksburg 1-85 Exit 102 (803) 839-5934 SC Columbia 1-20 Exit 70 (803) 735.9006 SC Latta (Dillon) 1-95 Exit 181 (803) 752-5047 N Knoxville 1-40 & 1-75 Exit 369 (615) 531-7400 TX Amarillo 1-40 Exit 76 (806) 335-1475 ♦ FUEL STOPS ROADT" ...INK A • asco U.S. Hwy 395 509) 547.5561 WA • est poKane 1-90 Exit 276 (509) 456-8843 • Sites Under Cons&uction ■ Properties in Permitting Process U.S. Properties ■ NE North Platte ■ CA Dixon ■ NJ Carney's Point ■ CA Lodi (N Stockton) • NM Albuquerque ■ CO Aurora (Denver) ■ OH Youngstown • FL Dade City ■ OK Oklahoma City (N.) ■ FL Quincy (Tallahassee) ■ OR Aurora (Portland) ■ GA Atlanta ■ PA Porter Township ■ GA Brunswick ■ SD Sioux Falls • GA Lake Park (Valdosta) ■ TX Tye (Abilene) ■ KS Emporia • VA Carmel Church • KY Franklin ■ VA Winchester ■ MI Grasslake(Jackson) ■ WI Vienna (Madison) ■ MN Lake Elmo (Minneapolis) • MO Joplin Canadian Properties ■ MO Kansas City ■ Quebec, Montrdal • MO Peculiar • MO Sullivan Plus Many More... REZONLN CHE4-,;'L} 1ST The application is not complete if the following are not present: SUBMISSION PACKAGE 1. Comment sheets from the following agencies along with any marked copies of the plan: VDOT City of Winchester Co. San. Auth. Co. Health Dept. Inspection Dept. Parks & Recreation Fire Marshal Airport Authority --YCo. County Attorney Engineer 2. Application Form 6. Taxes paid statement 3. Location Map 7. Sign received 4. Survey 8. Fees paid J� 5. Deed 9. Impact statement 10. ✓ Proffer statement TRACKING DATE Application Received Consultation held with Planning staff Rezoning reviewed by Zoning Review Committee Adjoiner notifications mailed for PC public hearing Rezoning heard by PC (Action Memo to BOS re: date for public hearing Rezoning heard by BOS (Action i 1, ) Q // Ordinance of amendment with conditions proffered prepared for County Administrator's signature 03-741L` & Zoning map amended Rezoning records updated A I i 1-2cmVeo ZN�o q 5co A- L(.)c O-)Qp bi deg Pd G� �o vc�r �rv4 PC. ��20 ' -?-)v I eI I �tCLL Nr - I 'll 1y Gcw� �I1e �o ISnS for COm S i)ey Krl � Lue qre. OULWIJO !�vrvq ol io i3 q5: � �%�!J N2� � ✓fir= � a� RECEIPT N2 0246i8 AMOUNT DUE !!�� P,MOUNT PAID BALANCE DUE • 1 MD BY CASH CHECK I '1 111 ❑ OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P. 0. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 RECEIVED FROM _ ff ADDRESS O THE SUM OF FOR "'Re \ 11 LLARS $ .ted m USA 0 1 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 October 12, 1995 Flying J. Inc. Attn: Mr. Craig Call P.O. Box 678 Brigham City, VT 84302 RE: REZONING #004-95 OF FLYING J. INC.; P.I.N. s 33A-A-1,2,3,6,7,8,9, and 10 Dear Mr. Call: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 11, 1995. Your application for the rezoning of 3.65 acres, from RA (Rural Areas) to B3 (Industrial Transition) has been unanimously approved with the proffer of $500.00 for the local Fire & Rescue Company. If you have any questions regarding the approval of this rezoning, please feel free to call this office. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 0 ACTION: AMENDMENT PLANNING COMMISSION: October 4, 1995 BOARD OF SUPERVISORS October 11, 1995 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #004-95 of FLYING J INC. WHEREAS, Rezoning Application #004-95 of Flying J Inc. was submitted to rezone 3.65 acres, located at the intersection of Interstate 81 and Rest Church Road (Route 669) and designated with PINs 33A-A-1, -2, -3, -6, -7, -8, -9, and -10 in the Stonewall Magisterial District, from RA (Rural Areas) to B3 (Industrial Transition); and, WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on October 4, 1995; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this rezoning on October 11, 1995; and finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 3.65 acres, designated by PINS 33A-A-1, -2, -3, =6, -7, -8, -9, and -10, from RA (Rural Areas), to B3 (Industrial Transition) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: CJ • This ordinance shall be in effect upon its passage. Passed this 11 day of October, 1995. Richard G. Dick Aye Jimmie K. Ellington Chairman W. Harrington Smith, Jr. Aye Charles W. Orndoff, Sr. Aye James L. Longerbeam Aye Robert M. Sager Aye Aye A Copy Attest l John R` .Riley, Jr. Frederick County Administrator • 0 WAFT R-�CFFEr6 DRAFT August 30, 1995 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester, VA 22601 Reference: Flying J Travel Plaza Flying J Inc. I-81 & Route 669 Frederick Co., VA We the undersigned, sole owners of the lands to be rezoned under rezoning request number ,(hereinafter the "Property") referred to as the Flying J Travel Plaza rezoning, and the applicants for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding on the heirs, exectutors, administrators, assigns and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to the other requirements set forth in the Federick County Code: 1. Prior to the issuance of a certificate of occupancy related to any improvements placed on the Property by applicant, it will pay to Clearbrook Volunteer Fire Company, Inc. the sum of $500.00 to be used for the purposes of the fire company. 'I a OWNERS: THE RAINBOW GROUP: Henry C. Buettner, Jr. Ronald S. Simkhovitch WILLIAM M. YOUNG VENNA M. YOUNG • 0 PEN DAY ENTERPRISES, INC. James Connelly, President John W. Owen, Vice President APPLICANT: FLYING J INC. J. Phillip Adams, President • 0 This ordinance shall be in effect upon its passage. Passed this 11 day of October, 1995. Richard G. Dick Aye Jimmie K. Ellington Chairman W. Harrington Smith, Jr. A,,. Charles W. Orndoff, Sr. Aye James L. Longerbeam A., Robert M. Sager Aye Aye A Copy Attest John Riley, Jr. Frederick County A numstrator COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM DUM TO: Cheryl Shiffler, Director of Finance FROM: Kris C. Tierney, Deputy Planning Directq�e� RE: Check for Clearbrook Fire Company DATE: October 12, 1995 Please find attached a check for $500.00 made out to the Clearbrook Volunteer Fire Co. from Flying J. As we discussed yesterday, the check is payment of a proffer offered by Flying J as a condition of their rezoning of 3.65 acres. The rezoning was approved last night by the Board of Supervisors. Please let me know if we can process the check as written or if we need to get a new check made out to the County Treasurer. Thanks again for your help. KCT/rsa Attachment: Check #00547711 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 0 Flying J P.O BOX 678 BRIGHAM CITY. UTAH 84302 DATE CHECK NO. 10/10/95 547711 1901 322151 rwarnurrr - NET -.'FORTE - - INVOICE / CREDIT MEMU I ire uc a..+�� ^••• - - --_ - 1d09195 I I 1NV8-30-9 88019 50600 I 00 I 500 I 00 I I I I I I I I I I I I I I i I I C I I I I t I I I THE ATTACHED CHECK IS IN PAYMENT FOR ITEMS DESCRIBED ABOVE. Flying J P.0 BOX 678 ` BRIGHAM CITY, UTAH 84302 DISBURSEMENT ACCOUNT PAY FIVE HUNDRED DOLLARS AND NO CENTS TO THE ORDER OF CLEARBROOK VOLUNTEER FIRE CO. 1256 BRUCE TOWN RD CLEARBROOK VA 22624 �. TwisT,OELA-M N coo5(LIJISOCL T10l1 WIM NIrT MTY bVl[ O/ llfMl N A 62-38 311 006 f 3 u 1 i DATE CHECK AMOUNT 10/10/95 **************500.00 II'00 5 L. 7 7 L L11' 1:0 3 L L00 380I: 00 5 7 40 L 2118 • 0 P/C Review Date: 10/04/95 BOS Review Date: 10/11/95 REZONING APPLICATION #004-95 FLYING J. INC. To Rezone 3.65 Acres From RA (Rural Areas) To B3 (Industrial Transition) LOCATION: This property is located at the intersection of Interstate 81 and Rest Church Road (Route 669). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33A-A-1, 2, 3, 6, 7, 8, 9 & 10 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoning: B3 (Industrial Transition) and RA (Rural Areas) Land Use: business and agricultural PROPOSED USE: Landscaped areas, parking and fueling islands for interstate travel plaza. REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached comments dated 09/06/95. Health Department: No comment on rezoning of three acres. The Health Department has not received any applications for the water supply or sewage. Fire Marshal: Additional dialogue is taking place with the applicant on various fire safety issues. All of these issues will be addressed on site plan. • Page 2 Flying J. Inc. Rezoning #004-95 Fire and Rescue: Water storage pond needs to be maintained to capacity for fire suppression. It also needs to be protected from fuel run-off in case a leak or spill occurred at the fuel pumps. It is requested that a dry hydrant be placed for the pond. The connection area will have to be protected from parking. County Attorney: Only present owners need to sign proffers. County Engineer: We do not have any comments at this time concerning the proposed rezoning. However, we reserve the right to perform a detailed review at the time of the site plan submission. Stormwater management will be required for the proposed development. Planning & Zoning: Location: The parcels in question are located adjacent to a interstate interchange and existing B-3 (Industrial Transition) zoning. Site Suitability: The terrain of the lots is slightly rolling. The general area has historically been used for agricultural uses. Much of the nearby land is currently in orchard. The lots to be rezoned are not in the flood plain, are not wooded and appear to contain no other environmental features as defined by our ordinance. Potential Impacts: The anticipated impacts of the requested rezoning are minimal. The proposed use for the lots to be rezoned is incidental to the main use of lots 1, 2 and 3 of the land rezoned to B-3 in 1991 by the Rainbow Group. These three lots are the proposed site of a Flying J Travel plaza. The "travel plaza" can be expected to draw a large number of vehicles off of the interstate, however, the plaza can be constructed (assuming appropriate permits and approvals are obtained) without the approval of the current rezoning request. These lots are not necessary for the use, but rather provide for an unobstructed frontage along Route 669 which is desired by the applicant. • E Page 3 Flying J. Inc. Rezoning #004-95 There would be an unfunded cost to the local fire and rescue company, which the applicant has proffered to pay at the time of issuance of a certificate of occupancy. The proffer statement in the application package is labled "draft" and is not signed. Prior to approval, the applicant would need to provide a signed original. Other: There is some confusion concerning the actual acreage of the parcels to be rezoned. The survey supplied does not match the site drawing. It is believed that the discrepancy is a result of the deeds for the lots running to the center line of Route 669 rather than from the edge of the Virginia Department of Transportation's right-of-way. The applicant will need to provide information to clarify the acreage to be rezoned. If in fact the deeds do run to the centerline of Route 669, land will need to be dedicated as part of the future subdivision and or site plan approval. STAFF RECOMMENDATION FOR 10\04\95 PC MEETING: In light of the minimal impacts associated with request, staff recommends approval with the acceptance of the proffers. SUMMARY OF 10/04/95 PC MEETING: Five citizens spoke in opposition to the proposed rezoning. Concerns expressed were increased traffic, safety of neighborhood children, noise from traffic and all night truck parking, property values, increased water runoff, and that this was not the proper location for such a facility due to the proximity of nearby subdivisions. A letter of endorsement was received from the Winchester -Frederick County Chamber of Commerce & Visitor Center. The Commission concluded that the anticipated impacts of the rezoning of the 3.65 acres on Route 669 were minimal considering that the approximate 24 acres to the rear of the site were already zoned properly for the use proposed. It was noted that the parcels fronting on Route 669 were not necessary for the use, but rather to provide an unobstructed frontage along Route 669. PC ACTION OF 10/04/95: Unanimously recommended approval. (Mr. Stone was absent.) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Ntimber V Date Received q `' " BOS Hearing Date I PC Hearing Date 161 OL, The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name Addre Telephone: bl 73q 64 OD 2. Representative: Name: 1M w 3. Owner: Name: za.wJr 1ej I�!U Address: Telephone: 12 Z C; S, U Flying J Travel Plaza Rezoning Application Form Frederick County, Virginia Continuation Sheet: ITEM 3 - OWNERS: Area West of Lot A and Lot A: William F. Young Venna M. Young HC33, Box 772 Winchester, VA 22601 Lots B and E: Rainbow Group, Inc. c/o Mr. Henry Buettner 124 West Boscawen Street Winchester, VA 22601 Lots F, G, H, and J: Pen Day Enterprises, Inc. Rte 1, Box 148 Clearbrook, VA 22624 Other parties of interest: Flying J Inc., a Utah Corporation P.O. Box 678 Brigham City, UT 84302 Contract to purchase Lots A, B, E, F, G, H and J CJ 0 �tp03 Ik-�to. gsbay� The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: OWN, 4. Zoning Change: It is requested that the zoning of the property be changed from (2' P to -E)' 5. Current Use of the Property: 'Ar ' �� UV3 6. Adjoining Property: PARCEL ID NUMBER v USE ZONING 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): �)C odw' t QQ9AM4A 13 Flying J Travel Plaza Frederick County Rezoning Application Continuation Sheet ITEM 6 - ADJOINING PROPERTY: Parcel ID Number: Use: Zoning: ----------------------------------------------------------------- 33A 00 000 000 000 000 004 Planned for B-3 33A 00 000 000 000 000 005 Commercial 33 OOOA 000 000 000 000 91A & B Development M -Z 4 3 (Whitehall Business Park) Ag e 00 000 8. Parcel Identification: 14 Digit Tax Parcel Number: �3� 00 UCH Odp Om 00 t , Z, 3) C4�, 9. Magisterial District: �tOnc W0 1 I 0 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 3��Acres The area of each portion to be rezoned to A different zoning district category should be noted: Acres Rezoned from l(�' _ to Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property its referenced by the following deed: Conveyed from: Deed Book Number Page 12. Proposed Use: It is proposed that the property will be put to the following uses. - access 13. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property _ Statement verifying taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement 14 • 9 Flying J Travel Plaza Frederick County Rezoning Application Continuation Sheet 0 ITEM 11 - DEED•REFERENCE: Young Property: Conveyed from Luther H. Combs and Patricia A. Combs Deed Book Number 311 Page 210 Deed Book Number 311 Page 212 Rainbow Group: Lot B: Conveyed from Barbara S. Linecum, Diane S. Kearns, and Katherine S. Whitesell as general partners of BDK Ltd., a Virginia Limited Partnership Deed Book Number 842 Page 0127 Lot E: Conveyed from Robert L. Swartz and Brenda M. Swartz Deed Book Number 840 Page 222 Pen Day Enterprises, Inc. Lots G, H and J: Conveyed from Jack A. Dennison and Evelyn Dennison Deed Book Number 558 Page 825 Lot F: Conveyed from Robert A. Owens and Brenda S. Owens Deed Book Number 651 Page 293 • 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner. Date: l liav M . aN4 \) EAY\& b: C]44,�� -15 15 RD'-ar FLYING J TRAVEL PLAZA WINCNEFER, VIRGINIA SITE CONCEFT A PROTOTYPE BUILDING L15208R 0 0 ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14-digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. Name Address and Property Identification 1. Address:124 W. Boscawen St., Winchester, V The Rainbow Group 22601 Property ID: 33A 00 000 000 000 000 004 2. Address: Siler Rt, Box 1 51 , Winchester, VA Ronald Simhovitch 22601 Property ID: 33A 00 000 000 000 000 005 3. Address: Box 2368, Winchester, VA 22601 Fruit Hill Orchard PropertyID: 33 000 A 000 000 000 000 890-90 4. Address: P.O. Box 55, Clearbrook, VA 22624 Davi K. & renda y tty ID: 33 A 000 000 000 000�88O�� 5. Address:124 w. Boscawen St., Winchester, VP. 22601 The Rainbow Group Property ID: 33 000 A 000 000 000 000 91 A&B Address: Property ID: N 7. Address: Property ID: 8. Address: Property ID: 9. Address: Property ID: 17 n i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 TO: Cheryl ShifJler, Director of Finance FROM: Kris C. Tierney, Deputy Planning Directo,,,� RE: Check for Clearbrook Fire Company DATE: October 12, 19.95 Please find attached a check for $500.00 made out to the Clearbrook Volunteer Fire Co. from Flying J. As we discussed yesterday, the check is payment of a proffer offered by Flying J as a condition of their rezoning of 3.65 acres.. The rezoning was approved last night by the Board of Supervisors. Please let me know if we can process the check as written or if we need to get a new check made out to the County Treasurer. Thanks again for your help. KCT/rsa Attachment: Check #00547711 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 Flying J P.O BOX 678 ..Ir-'WAAA r'ITV I ITAH R4102 547j f 1901 322151 221 51 TYPE :-DESCRIPTION 7', INVOICE / CREDIT MEMO . 50dOO bo 5od,00 1�0� 95 INV8-30-95 88019 doo 50000) THE ATTACHED CHECK IS IN PAYMENT FOR ITEMS DES RIBEC a,ncun62-38 E Flying J 00�44U 1 P.O BOX 678 BRIGHAM CITY, UTAH 84302 DISBURSEMENT ACCOUNT PAY FIVE HUNDRED DOLLARS AND NO CENTS DATE CHECK AMOUNT TO THE ORDER OF 0/10/95.**************500-00 CLEARBROOK VOLUNTEER FIRE CO. 1256 BRUCE TOWN RD CLEARBROOK VA 22624 BANKERS TRUST (DELAWARE) WILMMUTON, DELAWARE IN cOOPERATION WITH Authorized Sighature FIRST SECUIRITY BANK OF UTAH. N.A. 11'005477 I W.Iil! 1:0 3 L LOO 3BOI: 005740 L 211, "f �1920 d ve Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Reference: Whitehall Business Park Rainbow Group Property I-81 & Rt. 669 Frederick Co., Va. 0 November 21,1990 We the undersigned, sole owners of land to be rezoned -under rezoning request number 009-90, referred to as the Whitehall Business Park rezoning, and the applicant for said rezoning, hereby, voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There will be two ponds provided to serve as sources of water supply for fire protection; one towards the northern portion and one towards the southern portion of the property. An easement will be provided to guarantee access of the local fire departments to the water supply. One well shall be provided with each pond to maintain a year-round water level. The design of easements and ponds shall be agreed to by the Fire Marshal and The Rainbow Group for adequacy as a source of water for fire protection. The approximate location of ponds shall be shown on the master development plan before any site plan is approved. At least one pond shall be provided before any occupancy permit is issued on the site. The second pond shall be provided as shown on the master development plan when the site containing said pond is developed. 2. Deeds shall specify that property owners will maintain ponds for fire protection. 3. The Rainbow Group and/or assigns will record architectural and development standards/restrictions/covenants and enforce all recorded standards. These shall include provisions for minimum architectural standards, site maintenance, landscaping and facility maintenance. These will include a requirement for an architecturally designed front facade visible from Interstate 81. Loading areas shall be on the west side of buildings. 4. A storm water management system will be described on the master development plan. The ponds may be used for detention if appropriate. 5. Buildings shall be shown on the site plans located between outdoor storage areas and boundaries of the property adjacent to Interstate 81. 6. A master development plan will be submitted for approval by the County before any site plans or subdivisions are submitted. 7. A complete opaque vegetative or other screen shall be provided, before any occupancy permit is issued, on the site between the primary entrance from Route 669 and adjoining properties containing residential uses. The screening shall be designed to not interfere with sight distance on Route 669. 8. Each separate lot shall be provided direct access to a road dedicated for state maintenance. The access road or roads shall be constructed at the time each lot is developed. No occupancy permit shall be approved on any lot until plans for the road have been approved by the Virginia Department of Transportation, the road has been constructed to said lot and the road has been dedicated to said lot for acceptance by the Virginia Department of Transportation. 9. Deeds for each lot shall establish a property owners association according to the requirements of the Frederick County Code. THE RAINBOW GROUP: Henry Buettner, , Jr. x Ric VIP Ronald S. Simkhovitch WHITEHALL BUSINESS PARK ''Virginia's First Business and Industrial Park'' C RAINBOW GROUP December 5, 1990 The deed shall contain the following restrictions which shall appear in all deeds for all building sites. 1. No abandoned nor unlicensed vehicles shall be retained on the building sites. 2. All business property shall be kept neat and clean. Grass and shrubbery should be kept trimmed. 3. All trash and debis shall be.kept in a closed container and disposed of in a timely fashion from rear of building. 4. All businesses shall have the front land areas of buildings landscaped to present a pleasant appearance. 5. Building designs shall be reviewed with members of the Rainbow Group for approval. THE RAINBOW GROUP: enry<C Buettner, Jr. Ronald S. Simkhovitch WHITEHALL BUSINESS PARK This ordinance shall be in effect upon its passage. Passed this 12th day of December, 1990. A Copy Teste f 4�— -f John R. Riley, Jr. Frederick County Administrator IMPACT STATEMENT ZONING APPLICATION NUMBER FLYING J TRAVEL PLAZA The proposal is to rezone property owned by three property owners from R-A residential zone to B-3 transitional commercial zone. The proposed use is an interstate travel center offering retail goods and services to the motoring public. The facilities will include a 24 hour restaurant, convenience store, fueling facilities, RV station including propane sales and waste disposal, laundromat, drivers lounge and shower facilities, and barber shop. Other services to be provided include extensive telephones, fax devices, automatic teller machines, and similar electronic services to the general public. The site consists of a total of approximately 25 acres, of which about 22 acres are appropriately zoned B-3. This request is to rezone about 3 acres of road frontage to the same zoning as the larger portion which is located behind it. The rezoning issue is limited to only the frontage area of the 25 acre site and all comments will relate only to that 3 acre area to be rezoned. A. Suitability of the Site: 100 year floor plain. Includes no portion of the site. Wetlands. No portion of the site is classified as wetlands. Steep Slopes. There are no portions of the site over 15% in slope. Mature Woodlands. There are no site. Prime Agricultural Soils. The single family residential. agricultural purposes. mature woodlands on the site is now developed as None of it is used for Soil or Bedrock Conditions. There are no conditions that would interfere with proposed use. soil or bedrock-Z �.� or restrict the Stjs. i There are no other site restraints or hazards. M SF��`!G/�� N o�c e pQ O B. Surrounding Properties: Gc The only residences near the rezone area are includeA in rezoning and will be removed. There are no other residences within sight or sound of the site, and no activities on the rezoned aria will produce noise, glare, fumes, pollution, odors or other nuisance factors to surrounding residential properties. C. Traffic• The effect of the proposed rezoning will be to generate no additional traffic. The proposed travel plaza will generate the same traffic with or without the proposed rezoning. The rezoning is being proposed to provide more area for landscaping, better visibility for the facility and more convenient parking. Were the land not rezoned and the plaza built, the existing houses would block sight lines from the access roads to the plaza and constitute a traffic hazard. The rezoning therefore would enhance area traffic movements. Existing traffic counts are 1335 per day West of I-81 in Route 669 and 2401 per day East. Changes in traffic counts will come as•a direct result of the 1990 rezoning of the majority of the travel plaza site, not from the rezoning of these lots on the periphery of the property. D. Sewage Conveyance and Treatment: There are no structures intended for the rezoned area that would need or have sewer service. . E. Water SuPP1 The only need for water in the rezoned area.would be for the care.and maintenance of the extensive landscaping planned. A central irrigation system wi.11.,be ins:tal•led,to supplement normal. precipitation. Specifics .of this -plan and other water issues will be addressedcomprehensively in the site plan review and building permit processes as the project. proceeds. F. Drainage: The drainage from these peripheral lots as part of the larger travel plaza development will be incidental. A complete site drainage and grading plan will be provided for the entire site as part of our site plan review process, and this issue can only be addressed as part of that larger site engineering. G. Solid Waste Disposal Facilities: The majority of the rezoned area will be landscaped, with the balance in parking area. Minimal solid waste is expected to be generated by those uses, and will be considered in the context of our larger site plan review process. H. Historic Sites and Structures: There are no historic sites or structures identified by the Frederick County Rural Landmarks Survey Report, the Virginia Division of Historic Resources, or listed on the State or National Register of Historic Places on the land to be rezoned or adjoining properties. I Impact on Community Facilities: A model of our impact on community facilities has been provided by the Frederick County Department of Planning and Development and is attached. The only significant impact shown by this analysis is a burden of approximately $500.00 on the Clearbrook Fire and Rescue Company. We are proferring the payment of this amount as part of our zoning request. In a 1990 rezoning, the principal portion of the site for the proposed travel plaza was rezoned to B-3. As part of that rezoning action, proffers from the property owners were tendered to the county and accepted. As Flying J develops its portion of the site, it will comply with those proffers. This will involve providing specific site improvements, complying with conditions for operation and maintenance of the site, and other terms of the.prpffers. J Other Impacts: The proposed rezoning will have a positive impact on schools by removal of seven housing units. Flying J estimates its annual contribution to the Frederick County General Fund from sales tax, gross receipts business license fees, property tax on land, buildings, equipment and vehicles, and food tax to be $ 225,000 to $ 275,000. We would anticipate the payment of motor fuels taxes to the state transportation fund of $ 2.5 million to $ 3 million per year. Much of this revenue would be lost to the Common- wealth if our store is not built since we will be located on the state line and will bring revenue to Virginia that would otherwise be generated in another state. Our facility will involve construction expenditures of some $ 4 to 5 million in 1996, using predominately local contractors whereever practical. We will hire 100 local employees upon opening. Flying J is a national company with more than 6000 employees. We provide full benefits including pension and profit sharing funds as well as health insurance. Opportunities for advancement are dramatic in our company, which leads the industry in sales and growth. Flying J Inc operates interstate travel centers in partner- ship with Conoco, a subsidiary of DuPont. We have 85 travel plazas in operation now, with twenty more underconstruction or permitting at this time. The Flying J travel plaza will have a significant positive impact on the motoring public, tax base, and economic resources of Frederick County. lRallentine Walker Sw acoustics and vibration consulter / development consulting research end,._ B WS/TR 95-1133 ENVIRONMENTAL MPACT STUDY OF PROPOSED COUNTRY MARKET AND BUFFET TRUCK STOP ON NEARBY RESIDENTS FOR Peterson Dillard Young Asselin & Powell 230 Peachtree Street, NW, Suite 1100 ATLANTA, GA 30303 July 28, 1995 144813rookcliffDrive, Marietta, Georgia 30062 (404) 973-2465 (404) 973-4656 0 0 INTRODUCTION In July 1995, Ballentine Walker Smith Inc. (BWS) was contracted by Peterson, Dillard, Young, & Powell, Attorneys at Law, to conduct an environmental impact study for the proposed Country Market & Buffet truck stop facility. The staff` of BWS has made site visits to the proposed location and to a similar existing facility. The purpose of our visits was as follows; 1. To conduct a survey of the Bolton Road/Bankhead Highway area to determine acceptable noise montoring locations which will be in proximity to the proposed Country Market & Buffet, 2. To conduct a survey of an existing truck stop facility (PETRO) in order to determine noise monitoring locations that will have a similar noise environment as the proposed facility. 3. Conduct noise level measurements at the locations determined above. 4. Analyze the data obtained in order to predict the environmental noise impact of the Country Market & Buffet truck stop facility on nearby Neighborhoods, SM SELECTION AND SOUND LEVEL DATA SUMMARY For reference, a discussion of sound level definitions and terminology has been included in the Appendix. An understanding of these terms is useful in order to interpret the data which is presented in this report. 1, Site Selection BWS visited the area near the intersection of Bankhead Highway and Interstate 285 to perform a preliminary site survey for determining acceptable noise monitoring locations. Site plans provided by Wieser Architects were used to determine applicable distances and land layouts, Two noise monitoring locations were selected during the preliminary survey, aft" , Selection of Site # 1 was based upon determining a location for measuring existing background noise levels near residences that could be impacted by the noise created at the proposed facility. BWS determined the nearest applicable residential property line is located one block south of Bankhead Highway on Bolton Road approximately 560 feet from the proposed facility. Figure 1 shows the noise monitoring position at Site 41.. Site #2 Selection of Site # 2 was based upon determining a location for measuring existing noise levels produced by trucks at a facility similar to the proposed Country Market and Buffet truck stop, The PETRO truck stop location was selected because (1) it is located less than a mile from the proposed facility and is close to Interstate 285, (2) it has more trucks than the proposed facility and (3) the dead end road (Watts Road) located directly behind the facility was free of traffic and people -related activities that could have affected the measurements, BWS selected a noise monitoring location approximately 20 feet from the PETRO security fence between PETRO and Watts Road. At this location, the noise monitoring equipment was located 50 feet away from the PETRO truck parking lot and any truck stop related activities,' Figure 2 shows the noise monitoring location for the PETRO truck stop facility. ' A measurement could not be made at 560 feet atom PETRO Truck Stop due to the land layout and security fences located on nearby properties. In addition, the closer distance ensured that the recorded noise levels were not influenced by sources other than the truck stop activity. All of this was taken into account in selecting the Site 42 noise monitoring position, Fulton Industrial Blvd. FIGURE 1: BOLTON ROAD NOISE MONITORING LOCATION BWS/IR 45-1133 PETRO NOISE MONITORING LOCATION MEASUREMENT POSITION 0 is 9 46 2, Sound Level Data Summary Two (2) four-hour sound level measurements were performed at each noise monitoring location. The first measurement at each location was performed during the morning hours from 07:00 to 11,00, The second, measurement at each location was performed during the evening hours from 20:00 to 24:00. The measurement conducted on the evening of July 27 was divided into two (2) two-hour segments, This was done to ensure that measurement data was obtained in the event that the measurements were interrupted due to local weather conditions, Table 1 shows the measurement results, All instrumentation was successfully calibrated before and after a particular measurement sequence, Tattle 1: Data Summary for PETRO Truck Stop and Dolton Road Noise Measurements* Efate Loc Time Leq L10 L50 L90 Lmax Lorin Temp Hum Ear, Pres, Wind 7/25/95 S2 07:00 - 11:00 67 71 62 58 95 61 76'- 82 30,02F NW2 7/25/95 S2 20:00.24:00 66 69 64 62 89 56 84 44 30.02F NW'3 7/26/95 SI 07:00 -11:00 68 68 56 51 102 46 93 45 29.99F SE7 7/27/95** S1 20:00 - 22:00 66 67 62 60 90 56 85 55 29,99R SE15 7/27/95** S1 22:00 - 24:00 64 65 62 60 92 57 85 55 29,99P, SE15 S1 — Site #1 (Bolton Road .measurement location) S2 = Site 42 (PETRO measurement location) *all measurements in dBA re. 20 µPa * * 7/27 measurement performed in 2-hour segments due to possibility of inclement weather, DISCUSSION 1, The sound level data was graphically recorded during each of the measurement periods, Figure 3 shows a graphical representation of the noise recorded at the PETRO truck stop facility, WS/TR 95-1133 100 dBA PETRO Truck. -Stop Noise- — Taken from 7125/95 0700 - 1100 measurement period. r E-TIME 0 dBA ENTERVAL '0 dBA 0 dBA 0 dBA 0 dB A FIGURE 3: PETRO TRUCK STOP NOISE 0 This data was taken from the morning measurement made on July 25, 1995. The principal sources of noise recorded at this location are listed below: 1, Truck Engine Idle Noise 2, Loading/Unloading Noises 3, Cab Door Slams 4, Talking/Shouting 5, Aircraft Noise It is BWS's opinion that the tnick engine idle noise is the most significant source of noise at PETRO, This noise is represented graphically in Figure 3 by the flat (horizontal) sections of plotted data. The recorded engine noise from the trucks was steady-state. That is, the engine noise levels retrain relatively constant over time. The evening noise measurements trade at the truck stop facility did not vary significantly from the morning measurements, That is, the overall A -Weighted average noise levels were essentially the same (refer to Table 1), Other sources of noise (items 2 - 5) were found to be impulsive and randomly scattered in time. These sources are represented in Figure 3 as sharp spikes on the plot. Figure 4 shows a segment of the noises recorded at the Bolton Road location, The figure clearly shows the noise occurring at this location is significantly more random and impulsive than noise recorded at PETRO Truck Stop, The principal sources of noise contributing to the overall noise environment at the Bolton Ruud location are listed below: 1, Surface Vehicles (cars, trucks, busses, emergency vehicles) 2, Load Car Stereos 3, .Aircraft Noise 4, I-285 Traffic IBWS/TR 95-1133 1100 dBA 190 dBA 180 dBA 170 dBA I60 dBA A Bclton Road Residential Noise -- Taken,fram 7/26/95, 4700 - 1100 measure - -ft11period, ---- - -- ---T--� -�-= 2 MINUTE TIME INTERVAL 1 1 � .. RI * . , r :: . - .1 r ME LJJMljmrj�N FIGURE 4: BOLTON ROAD RESIDENTIAL NOISE 0 0 The majority of the spikes shown graphically in Figure 4 are caused by surface vehicles. It is our opinion this is the most significant source of noise at the Site #1 measurement locations, The amount of vehicles passing per unit time did not vary significantly between the morning measurements and the evening measurements at this location, On the average twenty to thirty vehicles passed by the monitoring location in any given ten minute interval, 2. At a distance of 50 feet, the average measured A -weighted noise levels at PETRO are similar in magnitude to existing A -weighted noise levels measured at Site 41, (Refer to Table 1) BWS performed an acoustical analysis on the data measured at Site #2 and determined the noise levels emanating from PE'TRO would decrease by 10 dBA - 15 dBA at a distance of 560 feet. This was a conservative estimate because air absorption and attenuation afforded by vegetation were not taken into account, Based upon the site measurements and subsequent analysis, it is our professional opinion that the noise produced by the new facility will be inaudible at the residential property lines, Since the residences are currently located in a moderate to heavy traffic area, the noise that currently exists near the homes will mask the noise produced by the new facility. Furthermore, it is our opinion that the noise produced by the proposed truck stop facility will be less annoying due to its steady-state characteristics, In the event the residential noise levels decrease significantly, it is our opinion that the steady-state characteristics of the truck stop derived noise will cause much less annoyance than impulsive noise already known to exist in the area, ----- SENT BytXerox Te1000PIer 7020 �12-87-5 0 CONCLUSIONS Based upon the measured data and analysis, it is our opituon that the proposed truck stop c residents, $WS will follow-up this set of measuTeznents by generated Liaise will not impact local eekend, These measuremezts will. P erfornung a similes set of measurements over the course of a w conclusions, to are with the data already obtained and to further substantiate our be used to co p SOUND LEVEL DATA TERMINOLOGY A -Weighted Found Level The accumulated evidence of research on human response to sound indicates clearly that the magnitude of sound as a function of frequency (pitch) is a basic indicator of human response to sound. By the use of an electrical weighting network in the measurement device, the response of the average human ear may be simulated. This electrical weighting network is the A -Weighting network, Measurement of sound with a sound level meter incorporating an A -Weighting network yields a single number sound level in decibels or dBA, The A -Weighted level (dBA) has been adopted in large scale sound surveys of noise coming from a variety of sources. It is widely accepted as an appro)dmation of the human ear's differing sensitivity to sounds and frequency (pitch). Therefore, the A -Weighted sound level was selected to be used for this shady. Sound Level Descriptors Because of the fluctuations of the A -Weighted sound levels (dBA) with time, it is essential that the data be analyzed using a descriptive and detailed technique, Of primary importance is the amount of time per day or segment of a day that the sound level is equal to or exceeds a ,given level. The exposure at the monitoring position is described rasing the following descriptors; 1. L 10 The sound level that would be exceeded 10 percent of it measurement period. 2 L50 - The sound level that would be exceeded 50 percent of a measurement Period. 3. L90 - The sound level that would be exceeded 90 percent of a measurement period. 4. Lmax - The maximum sound level recorded during a measurement period. 5. Lmhn - The minimum sound level recorded during a measurement period, 6. Leq - The steady state sound level which in a stated period of time would contain the same sound energy as the time -varying sound during the same time period. 1� 1 CSC i Z � 1 f 1 INMUMENTATION The test equipment used for the measurements and data reduction is listed below: 1, GenRad Type 1945-9700 Community Noise Analyzer The GenRad Type 1945-9700 Community Noise Analyzer is capable of monitoring noise levels for up to three sequential 24-hour time periods and automatically computes and stores the following exceedance levels for each time period: Lp , , Ll , L2, L, , L,o , L20 , L,o , L" , Lys, Lam,,, LWtX , ,Also selectable are Leq and Ldn for 24-hour time periods. The GenRad Type 1945-9700 has a dynamic range of 100 dB to ensure that data will not be compromised during wide variations in sound pressure levels. A GenRad Type 1945-9700 Weatherproof Microphone System is used in conjunction with the GenRad Type' 1945-9700 Community Noise Analyzer. 2, GenRad Type 1985 Recorder The GenRad Type 1985 Recorder is a portable, single -channel, strip -chart recorder with multiple speeds and selectable sensitivities. When used in conjunction with a sound level meter, the GenRad is capable of continuously plotting data over an extended time period. Table 2 presents the results of all measurements taken at both sites, Table 2 includes data previously presented in Table 1 as well as data measured at the two sites on the weekend of July 29, 1995 and July 30, 1995, The average A -weighted noise levels measured during the weekend are within two (2) to three (3) decibels of the average A -weighted noise levels measured during the business week. The highest average A -weighted noise levels measured at PETRO were 70 MA and the lowest average A -weighted noise levels measured near the residences were 64 dBA. As mentioned previously, BWS predicted a 10 dBA - 15 dBA decrease in truck derived A -weighted noise levels (Lecl) at the residential property lines. Based upon the measured data, it is our opinion the truck derived noise will be masked by the noise already present near the residences. Table 2; Data Summary for PETRO Truck Stop and Bolton Road Noise Measurements* Date Loc Time Leq Ll0 L50 L90 Lnm :Lmin Temp Hun Bar,Pres, Wind 7/25/95 S2 07:00 - 1P00 67 71 62 58 95 61 76 82 30,02F NW2 7/25/95 S2 20:00 - 24:00 66 69 64 62 89 56 84 44 30.02F NW3 7/26/95 S1 07:00 - 11:00 68 68 56 51 102 46 93 45 29,99F SE7 7/27/95** S1 20:00 - 22:00 66 67 62� 60 90 56 85 55 29,99R SE15 7/27/95** 7/29/95** S1 S1 22:00 - 24:00 07:00 - 09:00 64 65 65 67 62 57 60 54 92 92 57 51 85 72 55 90 29,99R 30.12 R SE15 ENE 7 7/29/95** S1 09:00 - 11:00 66 70 62 58 86 54 72 90 30,12 R ENE 7 7/30/95** S2 07:00 - 09:00 65 68 62 58 84 54 71 90 1 30.2 R NE 7 7/30/95** S2 09:00 -11:00 70 72 70 65 1 92 59 71 90 30.2 R NE 7 7/30/95** S1 20:00 - 22:00 68 70 60 56 98 53 86 46 30,13 R .ESE 8 7/30/95** S1 22:00 -24:00 64 b8 57 55 86 52 86 46 30.13 R ESE 8 S 1 = Site 41 (Holton Road measurement location) S2 = Site 42 (PETRO measurement location) *all measurements in dBA re, 20 µPa * * 7/27 measurement performed in 2-hour segments due to possibility of inclement weather. • 0 Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 9844133 The local office of the Transportation Department is located at 1550 Commerce Street in Winchester, if you prefer to hand deliver this review form Applicants name, address and phone number: NO Name of development and/or description of the request: Location: Cbmvy Via, Va. Dept. of Transportation Comments: See attached comments dated 09/06/95. VDOT Signature and Date: C7+��c�u :z-- vI (NOTICE TO RESIDENT ENGINEER LEASE RETURN THIS PORM TO APPLICANT.) NOTICE TO APPLICANT "A s� 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, impact analysis, proffer statement, and all other pertinent information 21 1I a CJ� fi0. T'@�SAS COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE DAVID R. GEHR P.O. BOX 278 COMMISSIONER EDINBURG, 22824-0278 September 6, 1995 Request for Rezoning Comments Flying J., Inc. (Route 669, Frederick County) WILLIAM H. BUSHMAN, P. E. RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 No overall objections to the rezoning of the seven residential properties. However, if rezoned these properties when combined with the adjacent parcel to develop the proposed Flying J Travel Plaza will have a significant traffic impact on Route 669 and the 1-81 interchange area. Commercial entrances will need to be constructed in accordance with VDOT minimum design standards to allow for a safe egress/ingress of the site. Also based on traffic generated by the development, extensive improvements to Route 669 including widening, turn lane lanes, and signalization may be required. The developer will be required to bear the costs of all right-of-way improvements and provide any additional right-of-way necessary to accommodate needed improvements. All work will need to be covered under a land use permit. Before commenting further this office will require a complete set of construction plans which detail entrance designs, drainage features and a traffic impact analysis for review. TRANSPORTATION FOR THE 21 ST CENTURY 21314-15IGy> REQUEST FOR REZONING COMMENTS." � c° bl I Frederick County Fire Marshal �,�`a ATTN: Fire Marshal �9 1 P.O. Box 601 ��'GL'6��LZ Winchester, Virginia 22604 (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: C►�JF"oz boo` 86c[ - iMo - Name of development and/or description of the request: Location: O1-- \YZuwCXQjOC In, CA- U-U 3,eX- C-OY`nYtitQ, -*-aA 51 u - . 4, <1-� aGf-D� co"""" , �41� Fire Marshal Comments: Fire Marshal Signature & Dat(e (NOTICE TO FIRE MARSHAL - PL$A E RETURN T IS FORM TO APPL 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. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0906952754 Date Received 090195 Date Reviewed 090795 Applicant Flying "J" Inc. Address P.O. Box 678 Brigham City, Utah 84302 Project Name Flying "J" Truck Plaza Phone No.800-869-3146 Type of Application Re -zoning Current Zoning RA 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 33A-A-40,50,91A,&91B RECOMMENDATIONS Automatic Sprinkler System XX Residential Sprinkler System Automatic Fire Alarm System XX Other Dry IIydrant on proposed ponds REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not Identified XX Fire Lanes Required Yes XX No Comments Will address on site plan Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX Special Hazards Noted Yes No XX Comments Hydrand Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes XX No Plan Approval Recommended? Yes XX No - r Signat a .u,_ -�Y T i t I c ,,a CJ • Name of Fire and Rescue Squad, address and phone number: ckafbrat)Vo tv4te""-�c Cz, Po a cr, % Cam- 6-7y A Zz6 zy Applicant's name, address and phone number: -�s C. �b31x�71b (3(, N6 Name of development and/or description of the request: 25-0,cA---f-SA Location: (ate G(�fl Cj `?, 8 1. Fire and Rescue Squad Comments: C� b-, G \ gy 30 2- 1,r/�Q 3�,i? S7pi?A6c I)0.✓d Nc 605 7D 3c �/sr/.�+T►o h 7►a CtaP.aciT/ f t�ti y 7 4c.sv Ned _n> oc!F r�i�7CCJta /F A1fCfJrq,,2 r fe--" Fucc. 4,x; -o<F //- /I Lc.9 A. 0/2 S^Ct- OGc;.�Ea-y gT 73ye FycL d4.-sPs, ZT 1S ,fitfDuC S.-t J TNigT /4 l /*Zi' H%J•2/gA,7 ,sue 2460 Fc�2 7W-iF /%�✓? TNc GO.e1NS'G71-Aj ARcsa z-o ikt H,411f To 13e f�i�o 7FGJ2�!> F'/?GH �A2K/NL -- 5cc' S/b,rr Gvu.�or m,tA F' a an Rescue Si�n$ture and Date: 4;,� 12 (NOTICE TO SQUAD - PLEASE RETURN THIS FORM TO THE A NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible iti-6rder to assist the agency with their review. Also, please attach a copy of your application, location map, proffc-i statement, impact analysis, results of County Capital Facilties Impact Model run, and any pertinent information. - `� y 33 • REQUEST OR REZONING COMMENTS Frederick Cou y Commonwealth Attorney Winchester -Frederick County Judicial Center 5 North Kent Street Winchester, Virginia 22601 ( 540 ) � - C038; The Commonwealth Attorneys office is located in the Frederick County Judicial Center at 5 North Kent Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: �S- UT%C . Po. (7) 1U6 Name of development and/or description of the request: Winchester - Street in L i F3V3o Z _Y1�-0fWQts civy o cy� 5,4Arp ►�r �i� n v,�i &bwck e6 �5'T'te_ �/ i �1 M& , I.4 I. M. 1W ao�ican� /( 7S'a� ��'o i / dGT4•'�es —fit oh/ I'r % BWnc�f a s�mu 1fj Art Signature and Date: (NOTICE TO -4VMM%T. * PLEASE RET N HIS 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, proffer statement, impact analysis, and all other pertinent information. 09/05/95 09 : 14 %Y703 722 3479 LORD FA I RFAX EHD 10 002 REQUEST FOR RE7QNINC COMMENTS Frederick -Winchester Health Department Attn: Sanitation Engineer P.O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: P.D. &v Brt 8`f 3O z 046 Name of development and/or description of the request: Looation: CP�MVYLt� 4 , . L J�C0^u- C6 S�� a&&!� 0�_ (dQqHealth Department Comments: REZONIN' F THREE ACRES. THE HEALTH DEPARTMENT HAS NO COSUppj,? OR SEWAGE - NOT RECEIVED ANY APPLICATIONS FOR THE WATE) TREATMENT SYSTEM FOR THE FLYING J TRAVEL PLAZA. WITHOUT ADDITT.ONAL DETAILS FROM FLYTNG J., INC. NO COMMENT CAN BE GIVEN ON THE FEASIBILI Y OF AN ADEQUATE WATER OR SEWAGE D1:SPOSAL Health Signature and Date: (NOTICE TO HEALTH DEPT. - PLEASE RE THIS FORM TO APPLICANT.) NOTICE TO APPLiCANI 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, profTcr statement, impact analysis, and all other pertinent information. 27 a CIO . • EK84 ►�0127 � THIS DEED made and dated this 7 y of fu �y, 1995 by and between BDK, LTD., n a Virginia Limited Partnership, herein after referred to assGGrantor, and THE RAINBOW GROUP, hereinafter referred to as Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general warranty of title, unto the Grantee, the following described property and appurtenances thereunto belonging: Lot "E": beginning at a stake in the south line of Whitehall Road 1227.6 feet from the Brown lot and corner to lot "D" thence with the same S 16' 15' W. 250 feet to a stake, thence N 73° 45' W 75 o feet to a stake, corner of lot "F" thence with same N 16' 15' E 250' to a stake, in the South line of Whitehall Road, thence with the same S 73' 45' E 75 feet to the beginning. Lot "F": beginning at a stake, in the south line of Whitehall Road O1302.6 feet from the Brown lot and corner to lot "E" thence with the same S 16' 15' W 250 feet to a stake, thence N 73" 45' W 75 p .mac feet to a stake, corner of lot "G" thence with same N 16" 15' E 3 250' to a stake, in the South line of Whitehall Road, thence with the same S 73' 45' E 75 feet to the beginning. And being the same property conveyed by deed dated and recorded on April 8, 1994 to the Grantor and recorded herein in Deed Book 817 at Page 972. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. The Grantor covenants that Barbara S. Lintecum, Diane S. Kearns and Katherine S. Whitesell are the sole general partners of BDK, LTD., a Virginia Limited Partnership, and that BDK, LTD., a Virginia Limited Partnership has the right to convey said property to the Grantee; that it has done no act to encumber said property; that it will execute such further assurances of title to said property as may be requisite; that it is seized in fee simple of the property conveyed; and that the Grantee shall have quiet possession of said property free from all encumbrances. The spouses of the general partners endorse this deed only to convey any curtesy ownership rights.. they may have acquired. cv t� 8K8421G0* WITNESS the following signatures and seals: (9 Y STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: tQ� (SEAL) DIANE S.KEARNS (SEAL) THE NE S ITESELL IVA 0 77C_ SEAL) BARBARA S. LINTE U,Mc� The foregoing instrument was acknowledged before me this 5�2/,Xtday'of , 1995 by Diane S. Kearns who is a General Partner of BDK, LTD. a My Commission expires 1011 3 /, �! y Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this 414' day of , 1995 by Arthur Kearns who is the spouse of Diane S. Kearns. My Commission expires /'14 A y 7 Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this a 1995 by Katherine S. Whitesell who is a General Partner of BDK, LTD. My Commission expires Mum '31, I`i`F�1. Notary Public day Io�',•.� amod,1 ,I. BK842PGO129 �E OF VIRGINIA AT LARGE 1JNTY OF FREDERICK, To -wit. The foregoing instrument was acknowledged before me this A 1995 by Douglas Whitesell who is the spouse of Katherine S. Whitesell. day ofowled.t My Commission expires Much 31 166r Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this 1S day of S , ........... 1,995 by Barbara S. Lintecum who is a General Partner of BDK, LTD. ati w , " �� My Commission expires G Notary Public Ic �p STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To-wit: e—day / The foregoing instrument was acknowledged before me this of 1995 b Terry Lintecum who is the spouse of Barbara S. Lintecum. Y ITY P My Commission expires J�-•�.t 3 .q Q �i r),, R 0 0 Notary Public "< o VIRGO"- FREIDeSiCK 000NTY, liM Toro lnommnwd wrttiwg was prod = to me on Q eo the 1day of and with certkics c! cknowlodpment thereto ancexed ws/S &dgrn�t7&d to re�ocrd. Tax tmposed by Sec. 58.1-e02 of and W.1-601 have been oald, It saseasabte. 6 403FG0222 • �n THIS DEED made and dated this 13th day of June, 1995, by and between, ROBERT L. SWARTZ and BRENDA M. SWARTZ, his wife, parties of the first part, hereinafter called Grantors, and THE RAINBOW GROUP, a partnership, party of the second part, hereinafter called Grantee. WITNESSETH: that for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, in fee simple, with General Warranty of Title and English Covenants of Title unto the Grantee, together with all rights, rights of way, easements, privileges, and appurtenances the following described real estate: All of that certain lot or parcel of land, containing 18,750 square feet, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the Southern side of the White Hall Road, about nine miles North of Winchester, in Stonewall District, Frederick County, Virginia, fronting on said road a distance of 250 feet, and being the same land that was conveyed to the late Frank Fox and his wife, Ida Fox, with common law right of survivorship, by Norman Peter Ruble, et ux, by deed dated August 14, 1956, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in deed Book No. 243, page 366, and which upon the subsequent death of said Frank Fox on the 29th day of November, 1963 vested in his surviving widow, said Ida Fox, and which upon the death of said Ida Fox, intestate, on the 15th day of April, 1976, descended to her three children, Frank J. Fox, divorced, Virginia I. Broadt, divorced, and Chester D. Fox, who constituted all of her heirs and distributees at law. And Being the same property conveyed to Robert L. Swartz and Brenda M. Swartz, his wife, as tenants by the entir with common law right of survivorship, by Frank J. Fo divorced, Virginia I. Broadt, divorced, and Chester D-`Fq� I57� and Margaret H. Fox, his wife, under Deed dated SeptembecQ5 27, 1976 and recorded October 22, 1976 in Deed Book 465 QN'J �O Page 488, among the aforesaid land records of Frederick G��`N�NG w County, Virginia. • C. ^ 6�_ qP H84, "0223 Reference is made to the aforesaid instruments and attachments and the references therein contained for a further and more particular description of the conveyed property. This conveyance is made subject to all easements, rights of way and legally enforceable restrictions, covenants and reservations of record, if any, affecting the subject property. WITNESS the following signature and seal: rf 0' • _ .�, _ .. STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit; The foregoing instrument was acknowledged before me this 13th day of June 1995, by ROBERT L. SWARTZ and BRENDA M. SWARTZ, the Grantors named in the foregoing Deed. Given under my hand this 13tq day of June, 1995,%,.'"' pN My commission Expires:12 31 9 Vlr.OiNL4: FR DEMCK COUNTY, SCT. This �r;sIrument oI riting was prcdu:ed to me on the and wltt. Coi'Ifiraie of ncknowtedgment itor?to annoyed was adrtlasod to record. Tax Imposed by Sec. 56.1-602 of $9 .vC-", and 38.1-601 have been geld, It sesessabto. 4 —� Clerk 2 Lle-A. -:3 '_'—e0%_ PUBLIC �� •y ter. v M LB:gll 4826-u IUN 1 7 19bl 5u #4636 t*** ROBERT A. OWENS, ET UX TO :. DEED PEN DAY ENTERPRISES, INC. ***************************** SK65 1 Fc293 CJ THIS DEED made and dated this 18 day of June, 1987, by and between ROBERT A. OWENS and BRENDA S. OWENS, his wife, parties of the first part, hereinafter called the Grantors, and PEN DAY ENTERPRISES, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all of that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, fronting on the Southern boundary line of ^oute 669, containing 17,250 square feet and being more particularly described by that certain plat and survey drawn by Lee A. Ebert, C.L.S., dated September 22, 1970, a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same property conveyed to the Grantors herein by Deed dated April 23, 1982, from Bobbie Lee White, et ux, of record in the Clerk's Office of the Circuit Court o: Frederick County, Virginia, in Deed Book 546 at Page 685. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. /6 E� • �' R et. BK65IFG294 The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: (SEAL) ROBERT A. OWENS ��(SEAL) END�oWENS STATE OF VIRGINIA, At -Large, City /�of Winchester , TO -WIT: I, "C/C- ILcnc� i^ L L' ', a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that ROBERT A. OWENS and BRENDA S. OWENS, his wife, whose names are signed to the foregoing Deed dated June 18 , 1987, have personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. Given under my hand this 18 day of June 1987. My Commission expires f (Lj& /u �C �l r� l•�� e_J NOTARY PUBLIC 2 pK�l PG295 N x iO Om 1' d 0� I Yd O\ ZNI � Q am , �o N o� S Ti RT. 669 -- 80' R/ W IRON PIN —•" \ ION PIN ►T. •[O. } N73'45'W--75.00' I M p N O OW N O 1 STORY fHINaLL I 17,250 SQ.FT HWY. 174. 20'�� \� 0- I W ce�r 11.9 u Q �U N W 0: \d to � Z Q It- 0 W U W� Ir I.5' a•t oU 0 W n' K y.` M a aMi < 20 N It w y d W Uy _S7_3 45'E — 75.00' 'T �• • IROM PIN IRON PIN -- 1� MANUEL C. DI[HAVEN D.B. 358 — P. 254 The above Plat is a Survey of the Land conveyed to William 0. Rudy by Deed dated 7 May 1964 in Deed Book 299 Page 210. The said Unproved Lot fronts the Southern Boundary Lino of Rt. 669, and lies in Stonewall District, Frederick County, Virginias Beginning at an iron pin in the Southern Boundary Lino of Rt. 669, a corner to the Armbreoht Lot, which pin is located by measuring 174.20 ft. Westwardly along the said Lino from it ooncroto highway monument at the intersection of the said Line with the Western Lino of tho Int. 81 Ramp, running with the said Southern Boundary Line N 730 451 W - 75.00 ft* to an iron pin corner to the Fox Lot; thence with tho'Eastorn Line off' the maid Lot S 160 15, W - 230.00 ftao to an iron pin in the Northern Line of the Donavan Land; thence With the •naid.Line S 730 45► E - 75.00 ft. to an iron pin corner to the said Armbrooht Lot; thenco with the Western Lino of the said Lot N 16o 15s E - 230.00 ft. to the beginning. Containing - - 17,250 Sq. Ft. Surveyed - - - September 22, 1970e `� I ,?-~ i�•: '1,11; IIItA rn6o&' lat: COU;ITY, Scr. LEE A. EBERT, ` r°II� 'ds-man „hnawaay,odn I m. ps Certified Land Surveyor, —LLr o Is ,.I CO=e of Virginia # 484• ,nd with ca,4Lcale d ackoowld n,enl tl 1 p — o nan, wa dm i to T- i Tu impo.o,1 oy S•c. 5d J4.1 o1 11 , and &1­54 have Loon pak1, to aw*► bi., ' B":dha r"tb L 5 1983 #434 JACK A. DENNISON ETUX. TO .. .: DEED PEN DAY ENTERPRISES, INC. f ;jf,r 55 i o.: 825 THIS DEED made and dated this 25th day of February, 1983, by and between JACK A. DENNISON and EVELYN DENNISON, his wife, parties of the first part, hereinafter called the Grantors, and PEN DAY ENTERPRISES, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valu- able consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all of those cer- tain lots or parcels of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, on the South side of Virginia Secondary Highway No. 669, and more particularly described as follows: PARCEL ONE: All of that certain tract or parcel of land, containing .35 Acre, together with all improvements and appurtenances there - unto belonging, and designated "Verona Whitlock 0.35 Acre" on that certain plat drawn by li. Bruce Edens, C. L. S., of record in the Office of the Clerk of the Circuit C-)urt of Frederick County, Virginia in Deed Book 474 at Page 183 and by this reference made a part hereof as if set out in full; PARCEL TWO: All of that certain tract or parcel of land, containing .39 Acre, together with all improvements and appurtenances thereunto belong- ing, and designated "Carrie V. Wyker 0.39 Acre" on the aforesaid plat; and, PARCEL THREE: All of that certain tract or parcel of land, containing .39 Acre, together with all improvements and appurtenances thereunto belong- ing, and designated "Margaret E. Armbrecht 0.39 Acre" on the aforesaid plat; and being the same real estate conveyed to Jack A, Dennison by deed dated May 18, 1977, from Margaret E. Armbrecht, et al, of record in the aforesaid Clerk's Office in Deed Book 474 at Page 11178. Reference is made to the aforesaid plat and deed for a more particular description of the property herein conveyed. 1 1 CS 95 v�P R�'G 1,pNN�N� pEP99EVEIOPNiENt r, 826 • • HOOK 55 i P►u 826 This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantprs do hereby covenant that they have the right to convey to the Grantees that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: / g.FAL) AC A. DENNISON (SEAL) EVELY DENNISON STATE OF VIRGINIA, f OF , TO -WIT% a Notary Public in and for the Stat and,,,r aforesaid, do hereby certify that JACK A. DENNISON, whose name is signed to the foregoing Deed,,, dated February 25, 1983, has personally appeared before acknowledged the same in my State and , foresai, Given under my hand this T day of r.-Le 19�:'%y My Commission expires 7f y - Wy N ARY PUBLIC STATE OF V1 /L r (' OF TO -WIT: I, a Notary Public in and for the State and G_-�� aforesaid, do hereby certify that r EVELYN DENNISON, whose name is signed to the foregoing Deed, date( February 25, 1'983, has personally appeared before me and acknowl- edged the same in my State and aforesaid. Given under my hanii this day of 721_-_-e4/ 1983. My Commission expires z/- (NOTARIAL SEAL) RY PU IC �+ i �Z'•`J. G FA-D--i..c.0 CJ;J.1rY, scr. ...... 'r. is instrcmerst o1 writing wac produced to me on the qtJ, d_y of Y-n g ej, 19g _, at gad with certificate of acknow'ladgment thereto anneced was drnit to r.,cord. Tax ungDsed oy Sec. 58-,)4.1 of id 5354 have been paid, if assessable. n t � �. Clerk wrrrrrwwwwwrwwwwrrrwwrrrrrr sR H. COMBS, ET UX DEED CAM M. YOUNG, ET UX �w wwwwwwrrrwwwwwwrwwrwwwwrw nox M race i1Q THIS DEED, made and dated this .'Z day of 1965, by and between Luther H. Combs and Patricia A. Combs, his wife, hereinafter called the Grantors, and William M. Young and Venna M. Young, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey, with general warranty of title, unto the Grantee in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain lot or parcel of land situate in Stonewall Magisterial District, Frederick County, Virginia, fronting 60 feet on the South side of the White Hall Road and a depth of 250 feet, adjoining other property which is to be conveyed to the Grantees by the Grantors by deed bearing even date herewith and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, immediately following this deed. This is the same realty which was conveyed to the Grantors by Thomas D. Cather and wife by deed dated May 29, 1963, and recorded in the aforesaid Clerk's Office immediately preceding and contemporaneously with this deed. The Grantors covenant that they have the right to convey the within described property; that the same is free from all liens and encumbrances; and that they will forever warrant and defend the title thereto. i is a ue wue aeo �wuu Boa M rug 211 WITNESS the following signatures and seals: (SEAL) Luther H. Combs iSEAL) !- Patricia A. Combs STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I �, ,��,,,,v, , a Notary Public in and for the State and County aforesaid, do hereby certify that Luther H. Combs and Patricia A. Combs, his wife, whose names are signed to the foregoing deed, bearing date the A_ day of 1965, have acknowledged the same before me in my State and County aforesaid. Given under my hand this �_ day of 1965. My commission expires �/06 0 Notary Public vIRGAAA FREDERICK COUNTY, SCT. m. Yrhvmenf ,,iIinp way produced me On th day Of at e1' , and -th WW'Cale o Ocb�Jgwledpmvl�`hereb xed wa, admiHed b record, _ A /.� �l 1'� N. - 2 - 0 . 0 rrrrrrararMrraaaararrrarrrrrrrrr 151 r 7ER H. COMBS, ET UX a DEED a L11L4M M. YOUNG ET UX a rrrrrrrrraraaa�,rrrrrrrrrrrrrarrr 3 i9 coy; 311 ?Act 212 THIS DEED, made and dated this A day of ✓cln/i , 1965, by and between Luther H. Combs and Patricia A. Combs, his wife, hereinafter called the Grantors, and William M. Young and IVenne M. Young, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforce able restrictions of record affecting such realty: All of that certain lot or parcel of land situate in Stonewall Magisterial District, Frederick County, Virginia, on the South side of the White Hall Road, fronting on the South side of the White Hall Road a distance of 63 feet and extending back in a Southernly direction along its Eastern boundary line a distance of 250 feet and along its Westernly boundary line a distance of 250.05 feet, with a width along its Southern boundary of 68.3 feet. This is the same realty which was conveyed to the Grantors by James Price and Evalene Price, his wife, by deed dated April 14, 1961, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 269, at Page 536. The Grantors covenant that they have the right to convey the within described property; that the same is free from all liens and encumbrances; and that they will forever warrant and defend the title thereto. '4 1E3 ' sir K"519 •.e NW■ AT7en9" AT VW tioorn. vwwu IWOK 311 w 213 WITNESS the following signatures and seals: (SEAL) Luther H. Combs l'12� �t.�'r_�'/ . • ��rn�vt (9�/ (SEAL) Patricia A. Combs STATE OF VIRGINIA, COUNTY OF FREDER,II�C�K, To -wit: I, S. "a Notary Public in and for the State and County aforesaid, do hereby certify that Luther H. Combs and Patricia A. Combs, his wife, whose names are signed to the foregoing deed, bearing date the 1, day of Q , 1965, have acknowledged the same before me in my State and County aforesaid. Given under my hand this day of g , 1965. My commission expires t Notary Public MGlt•AA FREDER!CX COUNn, SCT. 13' A e�of iting was produced to me on the day of at and with car�f. at of o wlyd to trcw 9 there4�= xed was admitted Q h P1 .� OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL •--------------------- --------------------- FIRE AND RESCUE ADDENDUM 0 ------------ -- Capital Costs $44 $164 $0 $0 $0 $Q $208 --------------------------- 0 ---------------------- Net Credit for Fiscal Taxes to Impact Capital Net Credit Costs 1mRaci $336 $0 $122,775 $0 SY—ZQ8 IQ $1,838,714 $130,409 $0 --------------------------------------------------------------- New Capital Costs Not $500.76 Covered by County Contributions NOTES: Impact Model Run Date: 8/23/95 EAW Flying "J" Rezoning: Assumes 68,795 square feet of retail on 3.65 acres zoned B-3 F"v i nt Key Output 5 7 OSSi V2R3MO 93i2 i7 FRCK4(} 08/ 'i/95 i : ?:S : 3C D i sp lay Device . . . Cio I ` - Date. 3/2.i/95 C. _sh Req i stet- COIINTY OF FREDERTCK T i me 1 3 - 43 :'24 TI Cashier: CONNIE: J. OATES Reg i s•ter OF•EN? Drawk}r CJU keg i ster• ID: XD� Cus+tc,mer Transact i c;ns : (F 4,-Rev i raw ) I. Transact- i to s : 70 _. _�____�xv SE.AR ;-'1 BY NAME :..____.._._..-.__ .._ V__._.___t__..._._......___..._.._.-.._..._....._ X%Et Dept Ticket No. H Name Map i !sxrt�t;r..s— Act j . s7rnc;un _. 00.'3544000i i =C:�f DAY _ tNTbFz_Pf: ISC:S T 33A A iU si �F-95 002354400 PEN DAY' ENTERPRISES � ...,A A iU b: F'E95 06235450001. i i"-EN DAN' E:NT>w:i'lPRISES, 34A - - _ 2 F'Ei�i DAY ENTERPRISES, --A A 7 `$ �.0b . 70 RE9E 00 _'.3545000�1':� RE 95 0023 5460001 i PEN DAY ENTERr'i'11,ISES, 33A A � RE95_ 00235�#Ei0(502_. DER- DAY E:NTE:hFIRIS�:S, . , �3.5 A A �: RE95- I. RE:95 00'23547066 2 E`EN DAY E:TE•,."PI IIH,,;` 33�� A 9 ! ifa.91 - - tamp 1.r"te ' r• _-__ -_... .. .. ._ - F'osstion �iE -Tci. -- - - _ arch '(a1a1 32,47 / y- -- F3.-Gota Amoun_`T —rides-ed` -Fitt Show F�:=Ex it Fi0=Fun6t i onis Meiiu F`9.5=Shaw Oi i y t+ns0unts F,i=Command L.i nc _ •_..._. _.. _ -.mow.__......___....-. �. ... ___.._��. .. _ _-••_. _._._ _ _ . _ _.. ...- 1 .r-.+- y._. ....._ ._w... ✓ ____ _.r �.-. _, ._..._ _ .. . _ _ . _ �--.._.. _ .... .-. ...._ __. _.'..— ter•__. _ . _ _ - --r nn F..:.............. ...-__--.__-__.___.__...�.._.c-".-�---..M._-•--•-_..._-..T_«..___.. _..._,_.._._tom__•_._ .•____...__..._--_. _.___.._. �,,. -_ _ .•_�-_•._. _ .T _ rJr • 4 �,nt_K��-Ou tE'_«•t ._ .... F':i<.aE-� �. 57385Si V2F.3M0 - 931 t7 FRCK40 08/21/95 13 : 4i_ i sp LaY.,-Device . ,x� ......_..... _. M•_ _ • _ ... - User •.__._ _ CJt7 _ .._ . __... _._ Date:'0/221/95 Cast. Rey i ster COUNTY 0 F FF:EDr RICK T i me.: I.",: 4 .: 3<<*t Cashier: CONNIE J. OATES heck inter• : Cust amer• Name: COCHRAN, DOUGhAS C,__,JCi. Drawer: Map 33 A 7 Customer Tr ansac i o��s i (FS=FeViFew) Tut<•a1. Tz <ari_>ac:tirris: 1-305 _ Dept Tickcat No. H 1`3i L L t _ ,, Clti�i �� �Peria L�ty/Irat� _ s�niouI'►t..f'a itt _., Pa Lance LUAF 00004700001 1 5.1/29/94 $ b UU-UU- ., RE95 0005041000 2 122/05/95 't . ' _ 27 ..s > ._ `•!>�' .' 7 Comment ... . ..........: _ -- O Ld/New Pram i se Date.: 0/00iOC i 0100/00 i c3ta L : o. o ir�,r,�>�G i , ,r�,: �. Amount tca Pay: N �' _ . . ,r F3=Cancel F4=Accept FaYment Fi=Piy 1.ii L1.s :at�aly F"'i=Command Line _. . _ . ..__. _.._ . Fi 5-S>how h-eria 1.ty/Irnt ; ,r i n•t Key Output- h'..._J.. 5736S - i V2R3MO 93J.2i 7 F'R(. K4(} Display Device' Xr'i User : CJLi Date: 0/ 2 :-/95 Cash Register: COUNTY OF FREDERI f� Time: J.3 = 4 f.: t}1. Gash i er : CC)NNIE J. OATI 5 Register: _ _ _ nl''F�' . _ _._.. Drawer. _ _ _.._.__ CJO __.. Reg i ster ID: XD Cwi,tomer _ Tr ansac t i oils : (F`;=:Rel.? i ow) Transactions: z05 •SEARCH BY MAPt-- .._._.._... _.........__._.�_.._ _...._.......__._ r....._._ X/B Dept Ticket No. H Name Map Number Ad j Amount rL L)ptF 00004690001 i GOCHRAN , DOUG-eLi--)S ..JR 33 A fr 'i> "�; . 00--. RE94 00050450002 ?-" COCHFAN , DOtatY�..AB C ..J _. 00050400001 i C:OCHRAN D0UGLAS C 3 � - S A H e �dRF_95 - -- SS , ..1 00050400002 2't:ClCFti AN",-Dt�CGCi6S C; J 33 .'30 . ti4 Comp lute —P i t ion To = . ;tir^�i-cl l Tout I. :'0�; _ 64 i=Cato Amount `%nderect 1= ie Show Drsc ,. 119 Show .iap tt : F ''O--Shoe sick �: �'� =Ex i t F iO=F'unct i or.�rMeinu I.. i. i Show Or i t1- Amounts i 'iwC.ammaniJ I... i r�., 1 F:'r i nt i<y__Ou 5736SSi V2R3MO 931217-. �._ _..__ __.. -. FRCK40 '- Disp I.av Device User . . . . . . CJt Date: 8/21/95 _ Cash R g i ster : COUNTY OF FREDE RICK -_ T i_me: _ i:'; : 4.0: 2 . Cash i erg CONNIE J. _ OATES Drawer: CJO Register ID XD Customer- Transiac t i ons : (F:'5=Re,;- i Total. Transactions: SEARCH BY > X/B Dept Ticket No. H Name Map Number a�.j . Amount -- ---- - - RE015 0002'3560001 1 BOf�ROR , ROY � ' ;� M1 RL 33 A � RE95 00023`60002 2 BORROR, ROY C; fY MYRL 33_�3 - :y 77 _- - - - -.._ -.._. � .. -_._ - _- _. _,- _---_•�"�'-•.-,,--- .-.-rc-•was- _ _ _ Comp i.ete _ .y.._posl t i on To __.�S �ay-cii Fi=Coto Amount Tendered F18-Show�Desc .'i9-SP��:�w 3•iap F'G-Shaw Soc: , . -F3=Exit F10=Funct i onc> Menu Fi 5 Shaw (ar i g . Amount,_> F 21=-Command E. i r� F'r int Key Output P= 7i%-je� 5738SSi V2k3M0 931�1? _ . FRCK40 08/ '1/95 1:7 : 39 : 50 D i ap !ay Dev I ce XD Da+e , 0/25./95 C2ash Rey inter : COUNTY OF i-1tiFl-M]:F'i:I CK T ; mE., : 13: 39 : 46 Cashier: CONNIE J. OATES Reciister: OVEN �5rawer GJCI Reg i s-rer D XD T Customer Tvansa`t ions: CF�;=ReviT-ransactio'ns: 305 SEAR'01-1 BY IMAP X/P Dept T ickct No. H Name chap Number y Adj. Amm ount �F:E 94 OOi 41f.�?0002 2 1•iUTTON, J�ii�E::> V . JR . 33 r A % Rl=95 0013977000-f i-HUTTON , JAME':) u . Jh:. 33 A T. RE95 00138770002 2 HUTTON, JA�fE'� V. _JR1 33A t. $J.3 75 C0(1)p I.ete _ _ ___.,� _._ ,_..r _.. __ .__ _. _ _ 13'osi i ion�o Sea r'c:t'- Tota I. — <a>5.3. l5 =Coto Amciul'lt -'Ten c erect - FiT3=Shaw Des- c . _., l- 19 ••Shr)w ''taw w � �.20=Show Soc: _ _ .. _.. 3=_Ex i t F J.0= Func t i on<s Menu F'1. , Shc)w Or i cj . Amounts F?i::=Cominand 1_. i ne Pr i 1'7t i%ey Output Pi; ge I. 5738SSi V.2-R3MO 9312J.7 F'RCK40 08/21/9 5 1.;:::3y:: 1.1 D-ispLay DevicF XD User . . . . . . . CJ(:) Date. 3/2i/9`:; Clash Re�3 i stet = COUNTY OF FREDERICK _-� Time: J.3:39: ie) Cashier: CONNT E J . OATES __ __. _ _�_ Reg i s t er OPEN Drawer : CJO Register ID: XD. _ _ C. Customer Transactions: W5 Re+.riew5 TotaL Transactions: 305 SEARCH i BY MAP' --_.._..�___..._. _._._._.___.___ _._ __ _ _.. __._� -- _ X/rB Dept Ticket No. H Name _�_.._.. Map Number___.. RE95 001387G000t� HUTTON , JAMES VERNON 33 A 2 C% t 95 00i387RO002, 2. -HU'i TON, JAMES VERi��3.:17, _ Posy # i on To - Search Tota L : _ 64. 1:1 Fi=Gota Amount Tendered F18=8how D(Y�ac , F� 9 Sht)W Map-"- F''O �ih�W �}t�C l° _. . F3=Ex i t FiO= Func t i onss menu F IL5:=Sh0W t:lr i C! . Amount<-, F- _:1 Coinnuand L. i ne_ C) FLYING J INC. P.O. BOX 678 • BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 September 7,1995 To: Kris Tierney Frederick County Dept. of Planning and Development 107 N Kent Street Winchester ,VA 22601 Re: Application for Flying J Inc. From: Craig Call tiJ 4 '1� IDep, CEP 1°� o EfV AND k p VVllvQ. J t--LYIN/-'-& J TRAVEL PLAZA WINCS HE,YER, VIRnINIA 51TE GONCEEPT A t.wo;0. . Ytt rA;rL Doti L bltw 0 COUNTY of FREDERICK i Department of Planning and Development 703/665-5651 FAX 703/678-0682 September 27, 1995 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: FLYING J. INC. Rezoning Application #004-95 to rezone 3.65 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at the intersection of Interstate 81 and Rest Church Road (Route 669), and is identified with PINS 33A-A-1, 2, 3, 6, 7, 8, 9, & 10 in the Stonewall District. This rezoning is scheduled for the Frederick County Board of Supervisors meeting of October 11, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:15 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify tl& the attached correspondence w ailed to the following on -?fTPTEMBER 27, 1995 fro a Department of Planning and D elopment, Frederick County, Virginia: WILLIAM YOUNG 32 PARAISO CT SALINA, CA 93901-3804 THE RAINBOW GROUP 720 S. BRADDOCK STREET WINCHESTER, VIRGINIA 22601 pEN DAY ENTERPRISES, 1NC 4663 MARTINSBURG PIKE CLEARBROOK, VIRGINTA 22624 FRUIT HILL ORCHARDS P.O. BOX 2368 WINCHESTER, VIRGINIA 22604 DAVID GRAY P.O. BOX 55 CLEARBROOK, VIRGINIA 22624 INTERSTATE ORCHARD INC. P. 0. BOX 2368RGINIA 22604 ,WINCHESTER STATE OF VIRGINIA COUNTY OF FREDERICK I, DENICE R. CATHER FLYING J. INC. P.O. BOX 678 GRIGHAM CITY, VT 84302 Kris C. Tierne , D ro Directo Frederick County epf P,, t ang , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated SEPTEMBER 27, 1995 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 27 day of SEPTEMBER �1995 . My commission expires on JULY 31, 1999 A''awlll "A NOTARY PUBLIC COUNTY of FREDERICK i Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 September 20, 1995 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: FLYING J. INC. Rezoning_ Application #004-95 to rezone 3.65 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at the intersection of Interstate 81 and Rest Church Road (Route 669), and is identified with PINs 33A-A-1, 2, 3, 6, 7, 8, 9, & 10 in the Stonewall District. This rezoning is scheduled for the Frederick County Planning Commission's meeting of October 4, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t1' the attached correspondence wailed to the following on SEPTalBER 20, 1995from e Department of Planning and Development, Frederick County, Virginia: A ' t\ YOUNG, WIL:L.IAM M & VE:NNA M C/O 'K-F E:EGE:Rl FLYING J . !NC. 32 `F''ARAI90 C'i' P.O. BOX 678 SAL.INA, CA Y35>0:i.�••3fi<)d BRIGHAM CITY, VT 84302 T'HE: RAINBOW GROUP 720 8 BRADDOCK ST WINCHEBTER, VA rs•� F''E:N DAY !ENT'E:RF'FiIf3E:f3, INC 'Y'/A 9'r'AT'E:L.INE. iE:XXGIN 44663 MAR7'.INf3BURG PIKE: CL:H:AFeBROOK , VA :+?;n 6,21a14 F FiUIT' HIL.L. ORCHARD, INC.;. A �� WINCHEM'>t' R, VA .: 2604— (-;RAY, .DAVID K . 4 FtF<E:N3 f3.. A Fl . (:). BOX «'ice t-:I•••E:AF'iliFgOOK,, 'VA. 226.24.... 23 A 3.'r IN'TE: EMATE: ORCHARD, INC. F'' 0 "BOX WINCF•IE:81'E.'R, VA Kris---C. Tierney e Director Frederi k County Dep . of P1 g STATE OF VIRGINIA COUNTY OF FREDERICK I� DENICE R. CATHER , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated SEPTEMBER 20, 1995 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 20 day of SEPTEMBER ,1995 My commission expires on JULY 31, 1999 IL'),V ('� , CC' iL 1 NOTARY PUBLIC 0 VA. ROUTE 669 REST CHURCH ROAD N 790 14' 47" W PT. BEG. 1 60.00' QL� o � 16,193 SO, FT. (i 0) z tD o� N � � I _� 3 U CL Q1 OJ M N J M �) N = m Lo p • lL I 60.00' o �S79.14'47"E Q1 D1 (D N N I N w ih z ` N o U') r 0� In p e Z oi131415�6�j O REPppEVE N 01 w 0 a 0 - REBAR (FOUND) 0 - REBAR (SET) Q' V LOT I WHITEHALL BUSINESS PARK The accompanying Plat represents a Survey of the Land conveyed to William M. Young and Venna M. Young by Deed dated 2 June 1965 in Deed Book 311 Page 210. The said Land fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center line of Rest Church Road, a corner to the Young Land (Deed Book 311 Page 212), and original corner to the Thomas D. Cather Tract and the M. G. Hoffman Tract, running with the said Center Line, N 79' 14' 47" W - 60.00 ft. to a corner to the Fruit Hill Orchard, Inc. Land; thence with the Two Following Lines of the said Land, S 11 ° 55' 23" W - 20.00 ft. to a rebar (set), and continuing S 11 ° 55' 23" W - 269.94 ft., IN ALL, to a rebar (set); thence S 79' 14' 47" E - 60.00 ft. to a rebar (found) corner to the said Fruit Hill Land, Lot 1 - White Hall Business Park and the said Young Land; thence with the Western Line of the said Young Land, N 11 ° 55' 23" E - 249.94 ft. to a rebar (found), and continuing N 1 1 ° 55' 23" E - 269.94 ft., IN ALL, to the beginning. Containing: 16,193 Sy. Ft. -bLTN( , Surveyed: 29 August 1995 (SL �f A. EBERT WIFICATE No. 484 0. AND S�f VA. ROUTE 669 REST CHURCH ROAD N79'14'47"W i 60.00' u 01 U � Z cD N � � 1 !Y � U li c, M N J_ ~ M _ !D Lo j p • u- N 16,193 SO. FT. ci V. 0) CV w PT. BEG. N 0 w 0 0 w 0 QQ 0 0— REBAR (FOUND) p — REBAR (SET) 60.00' S79'14'47"E I LOT I WHITEHALL BUSINESS PARK The accompanying Plat represents a Survey of the Land conveyed to William M. Young and Venna M. Young by Deed dated 2 June 1965 in Deed Book 311 Page 210. The said Land fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center line of Rest Church Road, a corner to the Young Land (Deed Book 311 Page 212), and original corner to the Thomas D. Cather Tract and the M. G. Hoffman Tract, running with the said Center Line, N 79' 14' 47" W - 60.00 ft. to a corner to the Fruit Hill Orchard, Inc. Land; thence with the Two Following Lines of the said Land, S It ° 55' 23" W - 20.00 ft. to a rebar (set), and continuing S 1 1 ° 55' 23" W - 269.94 ft., IN ALL, to a rebar (set); thence S 79' 14' 47" E - 60.00 ft. to a rebar (found) corner to the said Fruit Hill Land, Lot 1 - White Hall Business Park and the said Young Land; thence with the Western Line of the said Young Land, N 1 1 ° 55' 23" E - 249.94 ft. to a rebar (found), and continuing N I 1 ° 55' 23" E - 269.94 ft., IN ALL, to the beginning. Containing: 16,193 Sy. Ft. ,,.C,. Surveyed: 29 August 1995 rLE ELT [i q1O ,cl Q • .a�A A. ESERTTIFICATE No. (� ``484 a� ~" L AND 32�� ��� � � �� ��. ��� VA. ROUTE 669 'i REST CHURCH ROAD N79.14'47"W CPT. BEG, 62.79' 0 0 0 N Sri 67.6' I - STORY FRAME HOUSE 1 NO. 1488 17,690 tD SO. FT. N 3 N zo e cn 9U) rJ SEP 1c95 RECEIVED. pEPT. OF PLANNINQ AN01) NUIDPMEA 0 Alm I 0 -IRON PIN (FOUND) O - REBAR (SET) CD H. U. D. FLOOD ZONE C: OD AREA OF MINIMAL FLOODING. N THIS IS TO CERTIFY THAT ON JUNE 14. 1995, 1 MADE AN ACCURATE SURVEY OF cv THE PREMISES SHOWN HEREON AND THAT r` THERE ARE NO EASEMENTS OR ENCROACH- O) p _ MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. J ti TITLE REPORT NOT FURNISHED. THIS x cX) SURVEY 15 SUBJECT TO ANY FACTS THAT 06 MIGHT BE DISCLOSED BY A FULL AND m o ACCURATE TITLE SEARCH. I S 79' 14' 47" E - 68.30' 2 �- LOT I WHITE HALL BUSINESS PARK V `" T�� QWTIFfCA"E No > t 4M /-o � A ? The accompanying Plat represents a Survey of the Land conveyed to William M. Young and Venna M. Young by Deed dated 2 June 1965 in Deed Book 311 Page 212. The said Improved Land - designated as No. 1488 - fronts the Center Line of Rest Church Road - Virginia Route 669, and lies _just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the Young Land, and the original Northwest corner of the entire M. G. Hoffman Tract, running with the Eastern Line of the said Young Land, and the original Western Line of the entire M. G. Hoffman Tract, S 1 1 ° 55' 23" W - 20.00 ft. to a rebar (set), and contining S 11 ° 55' 23" W - 269.94 ft., 1N ALL, to an iron pin (found), a corner to the Young Land, the Fruit Hill Orchard, Inc. Land, and Lot 1 - White Hall Business Park; thence with the Northern Line of the said Lot 1 - S 790 14' 47" E - 68.30 ft. to a rebar (set) corner to the BDK Ltd. Land; thence with the Western Linc of the said Land, N 100 45' 13" E - 249.88 ft. to a rebar (set), and continuing N 100 45' 13" E 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line, N 790 14' 47" W - 62.79 ft. to the beginning. Containing: 17,690 Sq. Ft. Surveyed: 14 June 1995 rt L. E �RIOAT E8+4 0 11 LAND S� o SEP its ... � RECE QED �� N M DEFT. OF PLANNING c pMip pEVELOPMEN VA. ROUTE 669 REST CHURCH ROAD eZlz9 N79.1.4'47"W tl'TtEG , 0 62.79' o 0 0 0 0 N N W / 67.6' � 0 io Ld I - STORY FRAME HOUSE NO. 1488 17690 SO. FT. tD N i 3 M N in 10 e W 0 � W LL � ii I S79.14'47"E-68.30' 1 0 0 LOT I WHITE HALL BUSINESS PARK w O AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. A. /'! 1a !.P(I FICA'-E No48* � r io The accompanying Plat represents a Survey of the Land conveyed to William M. Young and Venna M. Young by Deed dated 2 June 1965 in Deed Book 311 Page 212. The said Improved Land - designated as No. 1488 - fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the Young Land, and the original Northwest corner of the entire M. G. 11off nan Tract, running with the Eastern Line of the said Young Land, and the original Western Line of the entire M. G. Hoffman Tract, S 1 1 ° 55' 23" W - 20.00 ft. to a rebar (set), and contining S 11 ° 55' 23" W - 269.94 ft., IN ALL, to an iron pin (found), a corner to the Young Land, the Fruit Hill Orchard, Inc. Land, and Lot 1 - White Hall Business Park; thence with the Northern Line of the said Lot 1 - S 79' 14' 47" E - 68.30 ft. to a rebar (set) corner to the BDK Ltd. Land; thence with the Western Line of the said Land, N 10' 45' 13" E - 249.88 ft. to a rebar (set), and continuing N 100 45' 13" E 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line, N 79' 14' 47" W - 62.79 ft. to the beginning. Containing: 17,690 Sq. Ft. Surveyed: 14 June 1995" ""T11' �►��"'� V t_F A.. ET3T RT�� UfiFK`AlE 'r 484 t� ! ANO K. VA. ROUTE 669 REST CHURCH ROAD PT. BEG. o N 79° 14' 47"�W - 150.00' 0 / 'p � N N POLE > > tD 68.0, a< o i A POLE i CD OD N N N i � 3 z C, o O N 2 - STORY SIDING HOUSE NO. 1496 4 0, 4 83 SO. FT. S79°14'47"E-150.00' -- o LOT I WHITE HALL BUSINESS PARK THIS 15 TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 112 J31�js�� SEP 1 C-95 w RECEIVED- N pEPL OF PLANNING �� O� AIVD DEVE�OPMENZ nli 0 O 0 — N iJ t \) W O H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. 0 —IRON PIN (FOUND) u - REBAR (SET) k The accompanying Plat represents a Survey of the Land conveyed to BDK Ltd. by Deed dated 8 April 1994 in Deed Book 817 Page 972. The said Improved Land - designated as No. 1496 - fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Intestate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the Young Land, and located by measuring 62.79 ft. Eastwardly along the said Center Line from the original Northwest corner to the entire M. G. Hoffman Tract, running with the Eastern Line of the said Young Land, S 10' 45' 13" W - 20.00 ft. to a rebar (set), and continuing S 100 45' 13" W - 269.88 ft., IN ALL, to a rebar (set) in the Northern Line of Lot 1 - White Hall Business Park; thence with the said Line, S 79' 14' 47" E - 150.00 ft. to an iron pin (found) corner to the Rainbow Group Land; thence with the Western Line of the said Land, N 10' 45' 13" E - 249.88 ft. to a re -bar (set), and continuing N 10' 45' 13" E - 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line N 79' 14' 47" W - 150.00 ft. to the beginning. Containing: 40,483 Sq. Ft. Xl.•Tf! Surveyed: 14 June 1995 0��� o' LEE A. EBERT u -- QWT I F"TE No. n� 484 4 fin'.•\ . , VA. ROUTE 669 REST CHURCH ROAD PT. BEG N 79. 14' 47" W - 75.00' O I 00 a 0� O ti p O N N TEL POLE 60' PRIVATE ACCESS EASEMENT 20,241 SO. FT. CO I aD N cD m N N 0 J fn 3 w omr mo — _ �, Z 1379'14'47"E-75.0 LOT I WHITE HALL BUSINESS PARK a- O O r,- crco CID a_ CC> 3: Z N Q� r cb /� 6> J ca cb SEP 195 a d RECVP� E� N M pEP7 CIN pND DEVELOPMENT_ w O e• 0 — IRON PIN (FOUND) O— REBAR (SET) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. r, The accompanying Plat represents a Survey of the Land (Parcel Two and Parcel Three) conveyed to the Rainbow Group by Deed dated 28 July 1989 in Deed Book 720 Page 936. The said Land fronts the Center of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the BDK Ltd. Land, and located by measuring 212.79 ft. Eastwardly along the said Center Line from the original Northwest corner to the entire M. G. Hoffman Tract, running with the Eastern Line of the said BDK Ltd. Land, S- 10' 45' 13" W - 20.00 ft. to a rebar (set), and continuing S 100 45' 13" W - 269.88 ft., IN ALL, to an iron pin (found) in the Northern Line of Lot 1 - White Hall Business Park; thence with the said Line, S 790 14' 47" E - 75.00 ft. to an iron pin (found) corner to the Rainbow Group Land; thence with the Western Line of the said Land N 10' 45' 13" W - 249.88 ft. to a rebar (set), and continuing N 10' 45' 13" E - 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line N 79' 14' 47" W - 75.00 ft. to the beginning. ALSO SHOWN ON THE PLAT IS THE 60.0 FT. ACCESS EASEMENT OVER THE WESTERN PORTION OF THE LAND (Deed Book 750 Page 1810). Containing: 20,241 Sy. Ft. Surveyed: 14 June 1995 LEE A. EURT _ QFRiIFK:ATE No. 10. 484 4 VA. ROUTE 669 REST CHURCH ROAD ,C SEP 1005 / d RECEIVED PEP1. OF PLAN �N AND AEVELOPMENT PT. N 79' 14' 47" W - 75.00' — �— O Io N ti O POLE 0 ti TE - -- S O N TEL Q' a. O cD 0 cr n O a) 2 Q t- tD tD m J W I- STORY > a �I SIDING HOUSE � NO. 1516 w o C a X u- a C9 rf, 20,241CID I S 79.14'47"E-75.00' I 0 - -- LOT I WHITE HALL BUSINESS PARK D, B. 750 - P. 1810 N Ol 0 It VDOT LAND CL D 0 N cr N U N • mim affie • &- VDOT MONUMENT (FOUND) 0- IRON PIN (FOUND) Gl- REBAR (SET) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS 15 TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON -AND THAT THERE ARE NO EASEMENTS OR -ENCROACH- MENTS VISIBLE ON THE GROUN6 OTHER THAN THOSE SHOWN HEREON. , TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. The accompanying Plat represents a Survey of the Land conveyed to the Rainbow Group by Deed dated 7 November 1989 in Deed Book 732 Page 870. The said Improved Land - designated as No. 1516 -, fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the Rainbow Group Land, and located by measuring 287.79 ft. Eastwardly along the said Center Line from the original Northwest corner to the entire M. G. Hoffinan Tract, running with the Eastern Line of the said Rainbow Group Land, S 10' 45' 13" W - 20.00 ft. to a rebar (set), and continuing S 100 45' 13" W - 269.88 ft., IN ALL, to an iron pin (found) in the Northern Line of Lot I - White Hall Business Park; thence with the said Line, S 790 14' 47" E - 75.00 ft. to an iron pin (found) corner to the Rainbow Group Land; thence with the Western Line of the said Land, N 100 45' 13" E - 229.88 ft. to a concrete highway monument, a corner to the VDOT Land, and continuing with the Western Line of the said Land, N 10' 45' 13" E - 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line N 790 14' 47" W - 75.00 ft. to the beginning. Containing: 20,241 Sq. Ft. Surveyed: 14 June 1995 6 LEE A. EBERT u QWIF1CATE No. N- 0484 1�fv�� f CA Iry 5`�� A • VA. ROUTE 669 REST CHURCH ROAD POLE CL N � N ON aC 0� 00 mqr z� Q . ac m Lu F- GRAVEL I PARKING AREA I I � N 79. 14' 47" W - 751,00' PT. BEGI 0 0 TEL 174.07' I I 29.3' II I v'P� STORY SIDING SIDING HOUSE NO. 1532 m CD ai N N i 3 M io O z.; w U z w tL Y Z J Z Q S U FENCE 17,241 SQ. FT. w a a io co a; N N W M O S79.14'47"E-75.00' LOT I WHITE HALL BUSINESS PARK D. B. 750 - P. 1810 kii w U Z w LL Y Z J _Z Q S U tN J LA 0 i\l e• O — IRON PIN (FOUND) &— VDOT MONUMENT (FOUND) H. V. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER Z THAN THOSE SHOWN HEREON. vi TITLE REPORT NOT FURNISHED. THIS N N SURVEY IS SUBJECT TO ANY FACTS THAT Fr OD MIGHT BE DISCLOSED BY A FULL AND � a ACCURATE TITLE SEARCH. w I HW Z ,o w m a ad 00 ate..�A� CMRTIFKATE Vn. i 484 Ar- A N p The accompanying Plat represents a Survey of the Land conveyed to PEN DAY ENTERPRISES, INC. by Deed dated 18 June 1987 in Deed Book 651 Page 293. The said Improved Land - designated as No. 1532 - fronts the Southern Boudary Line of Rest Church Road - Virginia Route 669 - and lies in Stonewall District, Frederick County, Virginia: Beginning at an iron pin (found) in the Southern Boundary Line of the Rest Church Road, a corner to the Pen Day Enterprises, Inc. Land, which point is located by measuring 174.07 ft. along the said Boundary Line from a concrete highway monument at the intersection of the said Line with the Western Boundary Line of Interstate Route 81, running with the said Southern Boundary Line, N 79' 14' 47" W - 75.00 ft. to an iron pin (found), a corner to The Rainbow Group Land; thence with the Eastern Line of the said Land, S 10' 45' 13" W - 229.88 ft. to an iron pin (found) in the Northern Line of the White Hall Business Park Land; thence with the said line, S 79' 14' 47" E - 75.00 ft. to an Iron pin (found), a corner to the said Pen Day Enterprises, Inc. Land; thence with the Western Line of the said Land, N 10' 45' 13" E - 229.88 f't. to the beginning. Containing: 17,241 Sq. Ft. Surveyed: 14 June 1995y,�•T�t a� t- o 1-11 A. EB17RT V MMWICATE NO, Y 6) ti N (D M VA. ROUTE 669 REST CHURCH ROAD 1 0 1 \ 1 1 \ 1 0 1 z I Y TE` N 79e 14' 47" W 1 a s PT. BEG. - - - 17:241 SO. FT. m I c7aeIA' A7"F_7r,00' LA LOT I WHITE HALL BUSINESS PARK D. S. 750 - P. 1810 i, r�),Ep 1 �' � CD E:IV F cn DEPT. OF PLANNINPi c D DEVELOPoE� POLE U z u w cn m N a X w w w Q m 0 p Z W CL N 01 W O • 0 —VDOT MONUMENT (FOUND) O — IRON PIN (FOUND) H. V. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. W. 1Y"rE "la A 484 a The accompanying Plat represents a Survey of the Land conveyed to the Rainbow Group by Deed dated 13 June 1995 in Deed Book 840 Page 222. The said Improved Land - designated as No. 1524 - fronts the Southern Boundary Line of Rest Church Road - Virignia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a concrete highway monument in the Eastern Line of the Rainbow Group Land, which monument is S 100 45' 13" W - 40.00 ft. from the corner of the said Land in the Center Line of the said Road, the said corner located by measuring 362.79 ft. Eastwardly along the said Center Line from the original Northwest corner to the entire M. G. Hoffman Tract, running with the Eastern Line of the said Rainbow Group Land S 100 45' 13" W - 229.88 ft. to an iron pin (found) in the Northern Line of Lot 1 - White Hall Business Park; thence with the said Line S 79' 14' 47" E - 75.00 ft. to an iron pin (found) corner to the Pen Day Enterprises, Inc. Land; thence with the Western Line of the said Land N 100 45' 13" E - 229.88 ft. to an iron pin (found) in the Southern Highway Boundary Line of Rest Church Road; thence with the said Boundary Land N 790 14' 47" W - 75.00 ft. to the beginning. Containing: 17,241 Sq. Ft. Surveyed: 14 June 1995 a LE A. EBcRT u CW I F"TE No. > ci 484 LARD 3 4'} •,-, A 5_ VA. ROUTE 669 REST CHURCH ROAD N 790 14' 47" W U z w w L0 E (n N _ � W �Md J W w F- U z ,n Q win CL Q m no z w a_ 75.00' 3 I 28.3' jl 6 ai— Y I - STORY w SIDING HOUSE 0 NO. 1546 DECK PARCEL TWO 17,241 SO. FT. O PT. BEG. 24.07' io io CID N N N N w 3 M M _ io in � e 0 0 z N N o$ U► 0 I H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. O-REBAR (SET) p-VDOT MONUMENT (FOUND) THIS IS TO CERTIFY THAT ON JUNE 14. 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER z to THAN THOSE SHOWN HEREON. — N co TITLE REPORT NOT FURNISHED. THIS w a SURVEY 15 SUBJECT TO ANY FACTS THAT w , MIGHT BE DISCLOSED BY A FULL AND z0 CL w ACCURATE TITLE SEARCH. w�� Uzm cr_ ui a}n CQ n z III <. ).-. L F a.DNA'. 05zriFi[48 s or The accompanying Plat represents a Survey of the Land designated as PARCEL TWO conveyed to PEN DAY ENTERPRISES, INC. by Deed dated 25 February 1983 in Deed Book 556 Page 825. The said Improved Land - designated as No. 1546 - fronts the Southern Boundary Line of Rest Church Road - Virginia Route 669 - and lies in Stonewall District, Frederick County, Virginia: Beginning at a rebar (set) in the Southern Boundary Line of the Rest Church Road, a corner to Parcel One, which point is located by measuring 24.07 ft. along the said Boundary Line from a concrete highway monument at the intersection of the said Line with the Western Boundary Line of Interstate Route 81, running with the said Southern Boundary Line N 79' 14' 47" W - 75.00 ft. to a rebar (set), a corner to Parcel Three; thence with the Eastern Line of said Land, S 10' 45' 13" W - 229.88 ft. to a rebar (set) in the Northern Line of the White Hall Business Park Land, thence with the said Line, S 79' 14' 47" E - 75.00 ft. to a rebar (set) corner to the said Parcel One; thence with the Western Line of the said Land, N 100 45' 13" E - 229.88 ft. to the beginning. Containing: 17,241 Sy. Ft. Surveyed: 14 June 1995 qo�A- 0G� o LEE A. €BIRT x u GWIA"TE U16 > 4� fft VA. ROUTE 669 REST CHURCH ROAD I GRAVEL I PARKING AREA I I N 79. 14' 47" 75.00' — I I WELL I � I f 29.0' Q� 11 w rn u) m N ti w i F- — Z L0 w w } m Q Q 0 z w a- 0 m I- STORY Y U SIDING HOUSE o NO.1538 DECK PA RCEL THREE 17,241 SO. FT. S 79. 14' 47" E - 75.00' LOT I WHITE HALL BUSINESS PARK D. B. 750 - P. 1810 bD OD Q) N N I' w P7 lci O O r. 1314 � SEP 1Gg5 REC N D p&Nl. p p0i 0 MENS 0. I (PT. BEG. _C POLE 99, N o -A w O t9 4t O 0-IRON PIN (FOUND) 0-REBAR (SET) &- VDOT MONUMENT (FOUND) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. z TITLE REPORT NOT FURNISHED. THIS cf; to SURVEY IS SUBJECT TO ANY FACTS THAT o w N MIGHT BE DISCLOSED BY A FULL AND 3 Ln co ACCURATE TITLE SEARCH. x� CL w U w (D Z tr) Q w m uj d .��` ! r: A. EBALRT CUlIFICATE Np. The accompanying Plat represents a Survey of the Land designated as PARCEL THREE conveyed to PEN DAY ENTERPRISES, INC. by Deed dated 25 February 1983 in Deed Book 556 Page 825. The said Improved Land - designated as No. 1538 - fronts the Southern Boundary Line of Rest Church Road - Virignia Route 669 - and lies in Stonewall District, Frederick County, Virginia: Beginning at a rebar (set) in the Southern Boundary Line of the Rest Church Road, a corner to Parcel Two, which point is located by measuring 99.07 ft. along the said Boundary Line from a concrete highway monument at the intersection of the said Line with the Western Boundary Line of Interstate Route 81, running with the said Southern Boundary Line, N 79' 14' 47" W - 75.0 ft. to an iron pin (found), a corner to the Pen Day Enterprises, Inc.. Land; thence with the Eastern Line of the said Land, S 10' 45' 13" W - 229.88 ft. to an iron pin (found) in the Northern Line of the White Hall Business Park Land; thence with the said Line, S 79' 14' 47" E - 75.00 ft. to a rebar (set) corner to the said Parcel Two; thence with the Western Line of the said Land, N 10' 45' 13" E - 229.88 ft. to the beginning. Containing: 17,241 Sq. Ft. Surveyed: 14 June 1995 ruChRTIVICATE EURTNo. 484 �� A LAND 5��4 VA. ROUTE 669 REST CHURCH ROAD N 79. 14' 47" W O n� PT. BEG. 24.07' \ U z v W p to N 3cm J W � W p z a w ,Lo a < oQ z w CL PARCEL ONE l5, 3/8 SO. FT. POLE NO, VA. POWER CO. R /W D.B.164-P.366— �! O O O m S79°14'47"E-74.83' LOT I WHITE HALL BUSINESS PARK / D. B. 750 - P. 1810 L L•� a W F_ D 0 W Q N w w 0 m m-VDOT MONUMENT (FOUND) El-REBAR (SET) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS Z SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. Ltf A. ;Bl f JWTI LATE NO. AJgA o. The accompanying Plat represents a Survey of the Land - designated as PARCEL ONE - conveyed to PEN DAY ENTERPRISES, INC. by Deed dated 25 February 1983 in Deed Book 556 Page 825. The said Unimproved Land fronts the Southern Boundary Line of Rest Church Road - Virginia Route 669 - and lies in Stonewall District, Frederick County, Virginia: Beginning at a concrete highway monument at the intersection of the Southern Boundary Line of the Rest Church Road with the Western Boundary Line of Interstate Route 81, running with the said Southern Boundary Line, N 790 14' 47" W - 24.07 ft. to a rebar (set), a corner to Parcel Two - Pen Day Enterprises, Inc. Land; thence .with the Eastern Line of the said Land, S 10' 45' 13" W - 229.88 ft. to a rebar (set) in the Northern Line of the White Hall Business Park Land; thence with the said Line, S 79' 14' 47" E - 74.83 ft. to a concrete highway monument in the Western Boundary Line of Interstate Route 81; thence with the Two Following Western Boundary Lines, N 11 ° 13' 47" E - 150.00 ft. to a concrete highway monument; thence N 22' 18' 28" E - 95.32 ft. to the beginning. Containing: 15,318 Sq. Ft. Surveyed: 14 June 1995 �tlll+�� ON Q�LEF A. EBB'ERT 7 u (AWFIRCATE Na. /484 ct � LAND qv4 3�1„ ^ \00' 200 100 0 �111Z 131Qj SEP 1 �950 —I' PIN (FOUND) RECEIVEJ7V� MONUMENT (FOUND) ]DEPT. Of PLANNI M-0 mVELOPME H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. - w—r- .'% FRUIT HILL ORCHARD, INC, D. B. 373 - P. 496 YOUNG D.B. 311 - P. 210 PT. BEG. O YOUNG S II' 55' 23" W — 435.18' D,B. 311 - P. 212 RAINBOW LANE 60' PRIVATE ACCESS EASEMENT BDK L /TD p D.B. 817 - P. 972 M I co 1 I N THE RAINBOW GROUP I a9 �\ �\ 60' PRIVATE 2� I ACCESS EASEMENT v y D.B. 720 - P. 936 LOT l '� �, cd ` THE RAINBOW GROUP D.B. 732 - P. 870 I m 7. 5 8 / ACRES No F a 6 /64 Rp � RAW N 110 12' 48" E — 450.37' INTERSTATE THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ROUTE 81 i,,) THE RAINBOW GROUP Ki D.B. 840 - P. 222 N 3 PEN DAY ENTERPRISES, INC, j` D,B, 651 - P. 293 PEN DAY ENTERPRISES, INC. D.B. 556 - P. 825 ti PEN DAY ENTERPRISES, INC, D.B. 556 - P. 825 PEN DAY ENTERPRISES, INC. D.B. 556 - P. 825 `. �� 484 The accompanying Plat represents a Survey of LOT 1 - WHITE HALL BUSINESS PARK - the Amended Deed of Dedication dated 24 September 1990 is a Matter of Record in Deed Book 750 Page 1810. The said Land lies South of Rest Church Road - Virginia Route 669 and West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin (found), a corner to the two Young Lots and the Fruit Hill Orchard, Inc. Land, running with the Eastern Line of the said Fruit Hill Land - also the Western Line of Rainbow Lane - 60.0 Ft. Private Access Easement - S 11 ° 55' 23" W - 435.18 ft. to an iron pin (found) corner to Lot 2; thence with the Northern Line of the said Land, S 78' 04' 37" E - crossing the said Lane - 748.55 ft. to an iron pin (found) in the Western Boundary Line of Interstate Route 8 1 ; thence with the said Line, N 11 ° 12' 48" E - 450.37 ft. to a concrete highway monument corner to Lots fronting Rest Church Road; thence with the Southern Line of the said Lots, N 790 14' 47" W - 524.83 ft. to a corner to the said Rainbow Lane, and continuing N 790 14' 47" W - with the Northern Line of the said Lane - 743.13 ft., In All, to the beginning. ALSO SHOWN ON THE PLAT IS THE SAID RAINBOW LANE. Containing: 7.581 Acres Surveyed: 14 June 1995 rLF u ' . RT MATE Nm 2 rn O I Z H. U. D. FLOOD ZONE C: 300?13141516jJ AREA OF MINIMAL FLOODING. 00 0 0 r�V% `'�Q O-) ON PIN (FOUND) cfl R�G�G,N\N A.) c�C '6182L2� FRUIT HILL ORCHARD. INC. D. B. 373 - P. 496 PT. BEG. S I 1* 55' 23" W - 461.49' RAINBOW LANE_ GO- PRIVATE ACCESS EASEMENT_ N to M l0 CD i W ti 'v 0 ZD ti z.; LOT 2 7.4 6 6 ACRES _ _---- io to pRpINFIE�p / Cp `\ AREA �i ti � J � i� \ M NC) q. po CD D 6 w, ti �s4 P 3 R,w z 6g CHORD N 220 2/ 14,444 730 E _ 469 26. QRC � 469.28• INTERST,q TE ROUTE 81 THIS 15 TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY 15 SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. '�Ki IF"ICa►' c ?rD. i► 484 �, The accompanying Plat represents a Survey of LOT 2 - WHITE HALL BUSINESS PARK - the Amended Deed of Dedication dated 24 September 1990 is a Matter of Record in Deed Book 750 Page 1810. The said Land lies South of Rest Church Road - Virginia Route 669 and West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin (found) in the Eastern Line of the Fruit Hill Orchard, Inc. Land, a corner to Lot 1, running with the said Eastern Line - Also the Western Line of Rainbow Lane - 60.0 Ft. Private Access Easement - S 1 1 ° 55' 23" W - 461.49 ft. to an iron pin (found) corner to Lot 3; thence with the Northern Line of the said Land, S 78' 04' 37" E - crossing the said Lane - 663.52 ft. to an iron pin (found) in the Western Boundary Line of Interstate Route 81; thence with the said Line - with the Arc Line 469.28 ft. - (Chord N 22' 21' 47" E - 469.26 ft. - R. 14,444.73 ft. - to an iron pin (found) corner to Lot I ; thence with the Southern Line of the said Land, N 78' 04' 37" W - crossing Rainbow Lane - 748.55 ft. to the beginning. ALSO SHOWN ON THE PLAT IS THE SAID RAINBOW LANE. Containing: 7.466 Acres Surveyed: 14 June 1995�,o�f o� G1,� n IEEE A. ESERT' U CWTIFICATL No. Y 484 co R Q AJA N% IRON PIN (FOUND) Z pEp D pEVE`APMENS w 300 \00' 200 �� Z�� �Z NOTE: THIS LOT CONTAINS LAND THAT \00 LIES WITHIN THE BOUNDARIES OF THE 0 100-YEAR FLOOD PLAIN (ZONE A). THE FRUIT HILL ORCHARD, INC. BOUNDARY LINE WAS DETERMINED BY D. B. 373 - P. 496 SCALE ONLY FROM FLOOD INSURANCE MAP INFORMATION. v 0 J S I I° 55' 23" W-1420.87' PT. BEG. RAINBOW LANE 60' PRIVATE ACCESS EASEMENT— +� I i DRAINFIELD 1 � i AREA — J U 7- O O N N d' �p No VA. AowF \ bD o. B R o � 6q p 3 0 Q` 66 U \ W M LOT 3 LO �M O cD 6.091 ACRES (n U 3 O r-- ZONEA_ ZONE C r O / r- / Z -� CHORD N 1 ' 14.444.730 20° 35' 17" E _ 425.73. ARC_ 425 74. INTERSTATE ROUTE 81 THIS IS TO CERTIFY THAT ON JUNE 14,1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON, TITLE REPORT NOT FURNISHED. THIS SURVEY 15 SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. The accompanying Plat represents a Survey of LOT 3 - WHITE HALL BUSINESS PARK - the Amended Deed of Dedication dated 24 September 1990 is a Matter of Record in Deed Book 750 Page 1810. The said Land lies South of Rest Church Road - Virginia Route 669 and West of Interstate Route 81, in Stonewall District, Frederick County, Virignia: Beginning at an iron pin (found) in the Eastern Line of the Fruit Hill Orchard, Inc. Land, a corner to Lot 2, running with the said Eastern Line - Also the Western Line of Rainbow Lane - 60.0 Ft. Private Access Easement - S 11 ° 55' 23" W - 420.87 ft. - to an iron pin (Bound) corner to Lot 4; thence with the Northern Line of the said Land, S 78' 04' 37" E - crossing the said Lane - 599.38 ft. to an iron pin (found) in the Western Boundary Line of Interstate Route 81; thence with the said Line - with the Arc Line 425.74 ft. - Chord N 200 35' 17" E - 425.73 ft. - R. 14,444.73 ft. - to an iron pin (Bound) corner to Lot 2; thence with the Southern Line of the said Land, N 78' 04' 37" W - crossing Rainbow Lane - 663.52 ft. to the beginning. ALSO SHOWN ON THE PLAT IS THE SAID RAINBOW LANE. Containing Surveyed: 6.091 Acres 14 June 1995 C t L'i ii Qr �il.• u LEE A. EBERT V (IEff rIFlCATE No. y FLYING J INC. P.O. BOX 678 • BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 August 31, 1995 Kris Tierney Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 Dear Kris: Enclosed is a copy of materials prepared for our zoning application. Please review for completeness and let me know of the other materials that may be needed. I am also enclosing copies of correspondence with agencies that will comment on the zoning. Thanks for your assistance. truly, Craig M. C 1 Commun iaison 1-800-440-6606 Voice Mail: 1-800-869-3146 VC a0%01 d��au)i� ��•I ����t°� '�` � �:; ��� FLYING J INC. P.O. BOX 678 • BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 August 30, 1995 William H. Bushman, P.E. Resident Engineer Virginia Dept. of Transportation 14031 Old Valley Pike Edinburg, VA 22824 VIA OVERNIGHT EXPRESS DELIVERY RE: Flying J Travel Plaza Frontage rezoning Dear Mr. Bushman: I met with you, Robert Childress, and Frederick County officials a few weeks ago about our proposed Flying J facility there. Enclosed is a site plan, rendering, fact summary and impact statement on the proposal. The Department of Planning and Development has asked us to deliver comments to them by Friday, September 8. I will be in Winchester on September 6-7 to meet with the planning commission and finalize our application. I understand that there will be significant issures related to access that will be reviewed in detail through the site plan review process for the entire 25 acre site. This application is just for a small portion of the site and we hope could be moved ahead while we prepare the comprehensive materials you will need for site plan review. Please let me be of whatever assistance I can to you as you review these materials. The best way to reach me is by voice mail at 1-800-869-3146. Once your written response is prepared, I will drop by to pick it up for delivery to Planning and Development. Thanks for your help. cc: Kris Tierney, Frederick County Dept. of Planning and Development C) FLYING J INC. P.O. BOX 678 • BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 August 30, 1995 Frederick County Fire Marshal Attn: Doug Kiracofe 107 North Kent Street Winchester, VA 22601 VIA OVERNIGHT EXPRESS DELIVERY RE: Flying J Travel Plaza Frontage rezoning Dear Mr. Kiracofe: I am the individual who called your office two weeks ago about a project we are planning for Frederick County. Our company is applying for the rezoning of about 3 acres of a 25 acre site in the north part of the county for an interstate travel center. Enclosed is a site plan, rendering, fact summary and impact statement on the proposal. The Department of Planning and Development has asked us to deliver comments to them by Friday, September 8. I will be in Winchester on September 6-7 to meet with the planning commission and finalize our application. I understand that there will be significant issues related to hazardous materials, access and water supply that will be reviewed in detail through the site plan review process for the entire 25 acre site. This application is just for a small portion of the site and we hope could be moved ahead while we prepare the comprehensive materials you will need for site plan review. Please let me be of whatever assistance I can to you as you review these materials. The best way to reach me is by voice mail at 1-800-869-3146. Once your written response is prepared, I will drop by to pick it up for delivery to Planning and Development. Thanks for your help. Y s truly, Crai M. 11 Commun' Liaison FLYING J INC. P.O. BOX 678 • BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 August 30, 1995 Frederick -Winchester Health Dept Attn: Frank Lee 800 Smithfield Avenue Winchester, VA 22601 VIA OVERNIGHT EXPRESS DELIVERY RE: Flying J Travel Plaza Frontage rezoning Dear Mr. Lee: Thank you for visiting with me today about our project. Our company is applying for the rezoning of about 3 acres of a 25 acre site in the north part of Frederick County for an interstate travel center. Enclosed is a site plan, rendering, fact summary and impact statement on the proposal. The Department of Planning and Development has asked us to deliver comments to them by Friday, September 8. I will be in Winchester on September 6-7 to meet with the planning commission and finalize our application. Please let me be of whatever assistance I can to you as you review these materials. The best way to reach me is by voice mail at 1-800-869-3146. Once your written response is prepared, I will drop by to pick it up for delivery to Planning and Development. Thanks for your help. _ Ypu.r,s truly, Craig 11 Commune Liaison cc: Kris Tierney, Frederick County Dept. of Planning and Development r-) FLYING J INC. P.O. BOX 678 • BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 August 30, 1995 Jay D. Cook III, Asst. Frederick County Commonwealth Attorney Winchester -Frederick County Judicial Center 5 North Kent Street Winchester, VA 22601 VIA OVERNIGHT EXPRESS DELIVERY RE: Flying J Travel Plaza Frontage rezoning Dear Mr. Cook: Our company is applying for the rezoning of about 3 acres of a 25 acre site in the north part of Frederick County for an interstate travel center. Enclosed is a site plan, rendering, fact summary and impact statement on the proposal. Also enclosed is a draft proffers letter for your review. The Department of Planning and Development has asked us to deliver comments to them by Friday, September 8. I will be in Winchester on September 6-7 to meet with the planning commission and finalize our application. Please let me be of whatever assistance I can to you as you review these materials. The best way to reach me is by voice mail at 1-800-869-3146. Once your written response is prepared, I will drop by to pick it up for delivery to Planning and Development. Thanks for your assistance. Y rs truly, Craigtl1, Attorney at Law Community Liaison cc: Kris Tierney, Frederick County Dept. of Planning and Development r-) FLYING J INC. P.O. BOX 678 • BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 August 30, 1995 Harvey Strawsnyder Frederick County Public Works Department 107 North Kent Street, Fourth Floor Winchester, VA 22601 VIA OVERNIGHT EXPRESS DELIVERY RE: Flying J Travel Plaza Frontage rezoning Dear Mr. Strawsnyder: Our company is applying for the rezoning of about 3 acres of a 25 acre site in the north part of Frederick County for an interstate travel center. Enclosed is a site plan, rendering, fact summary and impact statement on the proposal. The Department of Planning and Development has asked us to deliver comments to them by Friday, September 8. I will be in Winchester on September 6-7 to meet with the planning commission and finalize our application. Please let me be of whatever assistance I can to you as you review these materials. The best way to reach me is by voice mail at 1-800-869-3146. Once your written response is prepared, I will drop by to pick it up for delivery to Planning and Development. Thanks for your help. You truly, Craig all Community Liaison cc: Kris Tierney, Frederick County Dept. of Planning and Development r-) FLYING J INC. P.O. BOX 678 • BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 August 30, 1995 Clear Brook Volunteer Fire Company P.O. Box 56 Clearbrook, VA 22624 VIA OVERNIGHT EXPRESS DELIVERY RE: Flying J Travel Plaza Frontage rezoning Dear Sirs: Our company is applying for the rezoning of about 3 acres of a 25 acre site in the north part of Frederick County for an interstate travel center. Enclosed is a site plan, rendering, fact summary and impact statement on the proposal. The Department of Planning and Development has asked us to deliver comments to them by Friday, September 8. I will be in Winchester on September 6-7 to meet with the planning commission and finalize our application. Please let me be of whatever assistance I can to you as you review these materials. The best way to reach me is by voice mail at 1-800-869-3146. Once your written response is prepared, I will drop by to pick it up for delivery to Planning and Development. Thanks for your help. Y C C1 cc: Kris Tierney, Frederick County Dept. of Planning and Development REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number Date Received BOS Hearing Date PC Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name: Addre: Telephone: 001 734 64 op 2. Representative: Name: Telephone: BM A'(Oa 3 M0 3. Owner: Name: z eat 1 eJ '� Address: Telephone: 12 02- Flying J Travel Plaza Rezoning Application Form Frederick County, Virginia Continuation Sheet: ITEM 3 - OWNERS• Area West of Lot A and Lot A: William F. Young Venna M. Young HC33, Box 772 Winchester, VA 22601 Lots B and E: Rainbow Group, Inc. c/o Mr. Henry Buettner 124 West Boscawen Street Winchester, VA 22601 Lots F, G, H, and J: Pen Day Enterprises, Inc. Rte 1, Box 148 Clearbrook, VA 22624 Other parties of interest: Flying J Inc., a Utah Corporation P.O. Box 678 Brigham City, UT 84302 Contract to purchase Lots A, B, E, F, G, H and J The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Ira.( ii 11 4. Zoning Change: It is requested that the zoning of the property be changed from ( - P to Tc-�' S 5. Current Use of the Property: APLA44nt c MAn C- TCJl L UV3AV S 6. Adjoining Property: PARCEL ID NUMBER USE ZONING 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 13 Flying J Travel Plaza Frederick County Rezoning Application Continuation Sheet ITEM 6 - ADJOINING PROPERTY: Parcel ID Number: Use: Zoning: 33A 00 000 000 000 000 004 Planned for B-3 33A 00 000 000 000 000 005 Commercial 33 OOOA 000 000 000 000 91A & B Development (Whitehall Business Park) 33 OOOA 000 000 000 000 890-900 Agriculture 33 OOOA 000 000 000 000 880 Agriculture 8. Parcel Identification: 14 Digit Tax Parcel Number: d� cooO� �d0 Omo0 I , Z, 3� �'� 71 to 9. Magisterial District: ,��ne ball 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 3, Acres The area of each portion to be rezoned to a different zoning district category should be noted: Acres Rezoned from. L4 to —Is Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Deed Book Number ages 12. Proposed Use: It is proposed that the property will be put to the following uses. - CLCU-Ss H 4 13. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property _ Statement verifying taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement 14 Flying J Travel Plaza Frederick County Rezoning Application Continuation Sheet ITEM 11 - DEED REFERENCE: Young Property: Conveyed from Luther H. Combs and Patricia A. Combs Deed Book Number 311 Page 210 Deed Book Number 311 Page 212 Rainbow Group: Lot B: Conveyed from Barbara S. Linecum, Diane S. Kearns, and Katherine S. Whitesell as general partners of BDK Ltd., a Virginia Limited Partnership Deed Book Number 842 Page 0127 Lot E: Conveyed from Robert L. Swartz and Brenda M. Swartz Deed Book Number 840 Page 222 Pen Day Enterprises, Inc. Lots G, H and J: Conveyed from Jack A. Dennison and Evelyn Dennison Deed Book Number 558 Page 825 Lot F: Conveyed from Robert A. Owens and Brenda S. Owens Deed Book Number 651 Page 293 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner: Date: Du.tranl awl M • a>4 U e yv - M- tl'6 : OU'YA,r . ptn. Qb ev�'roy�s Wcl. 15 FLYING J TRAVEL PLAZA WINCNE5TER, VIRGINIA SITE CONCEPT A PROTOTYPE BUILDMG LI5208R ZONING ( 12 GRID INDEX I I "FREDERICK COUNTY VIRGINIA 3 4 5 3 -r B TAX MAP GRID INDEX US" ` C ,q SITE � 676 • 6 v 7; 8 9 � I /S 60E ISOOC Q3 N I - c Bi L J No m° a CK 39 G'g zs Ilk I i Pl3, 14 in cl 15,roal 41 `� Hoyfiel C-31 Q 1 ray 90 � �t� o y+t•1 0 w`STEa WIN ESTE ° t boo ° 0m° ���\' 16 17; 1 S'/ 19, 20 ..21. r fall .p ' �Jc ezz pa O op U O o Rug 0 T r r tJ, - iz� 7- ohen psi NATION L FORE - t' 23 24 oiSr 2 5' I Yz 26 S � � S F 00 7 O 0 Q -tiddletovyn _ I H ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14-digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. Name Address and Property Identification 1• Address:124 W. Boscawen St., Winchester, V The Rainbow Group 22601 Property ID: 33A 00 000 000 000 000 004 • Address:Siler Rt, Box 151, Winchester, VA Ronald Simhovitch 22601 Property ID: 33A 00 000 000 000 000 005 • Address:Box 2368, Winchester, VA 22601 Fruit Hill Orchard Property ID: 33 000 A 000 000 000 000 890-90 • Address: P.O. Box 55, Clearbrook, VA 22624 David K. & Brenda S. Gray Property ID: 33 OOOA 000 000 000 000 880 • Address:124 w. Boscawen St., Winchester, V The Rainbow Group 22601 PropertyID: 33 000 A 000 000 000 000 91 A&B 6• Address: Property ID: Address: Property ID: 8. Address: Property ID: 9• Address: Property ID: 17 6K84 i GO 121 THIS DEED made and dated this 7 y of fu�y, 1995 by and between BDK, LTD., ,11'2 a Virginia Limited Partnership, herein after referred to as Grantor, and THE RAINBOW GROUP, hereinafter referred to as Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general warranty of title, unto the Grantee, the following described property and appurtenances thereunto belonging: Lot "E": beginning at a stake in the south line of Whitehall Road 4-11 1227.6 feet from the Brown lot and corner to lot "D" thence with the same S 16' 15' W. 250 feet to a stake, thence N 73' 45' W 75 o feet to a stake, corner of lot "F" thence with same N 16' 15' E 250' to a stake, in the South line of Whitehall Road, thence with �s the same S 73' 45' E 75 feet to the beginning. "F": Lot beginning at a stake, in the south line of Whitehall Road Oo 1302.6 feet from the Brown lot and corner to lot "E" thence with the same S 16' 15' W 250 feet to a stake, thence N 73' 45' W 75 O ? feet to a stake, corner of lot "G" thence with same N 16' 15' E 3 250' to a stake, in the South line of Whitehall Road, thence with the same S 73' 45' E 75 feet to the beginning. And being the same property conveyed by deed dated and recorded on April 8, 1994 to the Grantor and recorded herein in Deed Book 817 at Page 972. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. The Grantor covenants that Barbara S. Lintecum, Diane S. Kearns and Katherine S. Whitesell are the sole general partners of BDK, LTD., a Virginia Limited Partnership, and that BDK, LTD., a Virginia Limited Partnership has the right to convey said property to the Grantee; that it has done no act to encumber said property; that it will execute such further assurances of title to said property as may be requisite; that it is seized in fee simple of the property conveyed; and that the Grantee shall have quiet possession of said property free from all encumbrances. The spouses of the general partners endorse this deed only to convey any curtesy ownership rights they may have acquired. BK842PGO128 WITNESS the following signatures and seals: C . Aq,11s7*77 Gbh Y ��cU -tars c'• ,fi•f/irESEL� STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: CIXaU�_ s - �,a:" (SEAL) DIANE S. KEARNS BARBARA S. LINT✓/(.L.�UM Z-N 7 Gu N+ SEAL) ;SEAL) The foregoing instrument was acknowledged before me this %' day of ' 1995 by Diane S. Kearns who is a General Partner of BDK, LTD. ; •'' My Commission expires 1141f 3 I, 9 if s }�`' ' r—r , �( D' Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: 4 1 1 The foregoing instrument was acknowledged before me this 41,;7—day of , 1995 by Arthur Kearns who is the spouse of Diane S. Kearns. My Commission expires All h y j Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this O 1995 by Katherine S. Whitesell who is a General Partner of BDK, LTD. My Commission expires ► aml , , 19 1. Notary Public BK842PGO129 /E OF VIRGINIA AT LARGE LINTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this aq day ofvwle'jo 1995 by Douglas Whitesell who is the spouse of Katherine S. Vitesell.;�.'a My Commission expires *rrh,31 1601, ;;�1�.••', Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this e—day of .......... 1995 by Barbara S. Lintecum who is a General Partner of BDK, LTD. R0� My Commission expires o Notary Public ,C) c STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To-wit: e—day The foregoing instrument was acknowledged before me this of 1995 by Terry Lintecum who is the spouse of Barbara S. Lintecum. My Commission expires p1041. Notary Public NLQ�C) vrRGU"- MEDEP ac 000N Y, 9CT. TW* irmrumem writ was pfodum-4 to me on the 1&_day of . 14IL- st 4", and with certW1cs c! c!cnowlodpmant thereto annexed was�adrr~ to reocrd. Tax imposed by Sec. 88.1-802 of S � and W.?-001 have Dean paid, It assessable. :;!irk CY�540FG0222 THIS DEED made and dated this 13th day of June, 1995, by and between, ROBERT L. SWARTZ and BRENDA M. SWARTZ, his wife, parties of the first part, hereinafter called Grantors, and THE RAINBOW GROUP, a partnership, party of the second part, hereinafter called Grantee. WITNESSETH: that for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, in fee simple, with General Warranty of Title and English Covenants of Title unto the Grantee, together with all rights, rights of way, easements, privileges, and appurtenances the following described real estate: 8 A c �J :J All of that certain lot or parcel of land, containing 18,750 square feet, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the Southern side of the White Hall Road, about nine miles North of Winchester, in Stonewall District, Frederick County, Virginia, fronting on said road a distance of 250 feet, and being the same land that was conveyed to the late Frank Fox and his wife, Ida Fox, with common law right of survivorship, by Norman Peter Ruble, et ux, by deed dated August 14, 1956, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in deed Book No. 243, page 366, and which upon the subsequent death of said Frank Fox on the 29th day of November, 1963 vested in his surviving widow, said Ida Fox, and which upon the death of said Ida Fox, intestate, on the 15th day of April, 1976, descended to her three children, Frank J. Fox, divorced, Virginia I. Broadt, divorced, and Chester D. Fox, who constituted all of her heirs and distributees at law. And Being the same property conveyed to Robert L. Swartz and Brenda M. Swartz, his wife, as tenants by the entirety, with common law right of survivorship, by Frank J. Fox, divorced, Virginia I. Broadt, divorced, and Chester D. Fox and Margaret H. Fox, his wife, under Deed dated September 27, 1976 and recorded October 22, 1976 in Deed Book 465 at Page 488, among the aforesaid land records of Frederick County, Virginia. EX84 C S 0 2 2 3 Reference is made to the aforesaid instruments and attachments and the references therein contained for a further and more particular description of the conveyed property. This conveyance is made subject to all easements, rights of way and legally enforceable restrictions, covenants and reservations of record, if any, affecting the subject property. WITNESS the following signature and seal: ii ROBERT L. SWARTZ__ ,. � STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit; The foregoing instrument was acknowledged before me this 13th day of June 1995, by ROBERT L. SWARTZ and BRENDA M. SWARTZ, the Grantors named in the foregoing Deed. .. I%III,II•..,,., Given under my hand this 13t day of June, 19950II,ON ,�••. My commission Expires:12 31 9 VlrRG NO- FSSMEMCK COUNTY, SCT. Thiis�� r;Wumen: o! ruing was produ:ed to me on the and .V11kY. coil)(1cais of acknowiedgment thorato annexed was adrMlaad to record. Tax Imposed by Sec. 56.1-602 of $C�' vc, and 58.1-801 have been pald, tf aeeessabto. Cork 0A NOTARY PUBLIC ti •i I', s. rr • F MLB:gII 4826-U IUN 1 7 19U7 3�0 N �D N W N N co ro x ro mo x y O y ri 0 y A 4 ro ai 0 aU ****************************** #4636 ROBERT A. OWENS, ET UX • TO .. DEED * PEN DAY ENTERPRISES, INC. ** ***************************** DX65 1 FG293 THIS DEED made and dated this 18 day of June, 1987, by and between ROBERT A. OWENS and BRENDA S. OWENS, his wife, parties of the first part, hereinafter called the Grantors, and PEN DAY ENTERPRISES, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all of that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, fronting on the Southern boundary line of route 669, containing 17,250 square feet and being,,moreaparticularly,described by that certain plat and survey drawn by Lee A. Ebert, C.L.S., dated September 22, 1970, a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same property conveyed to the Grantors herein by Deed dated April 23, 1982, from Bobbie Lee White, et ux, of record in the Clerk's Office of the Circuit Court o: Frederick County, Virginia, in Deed Book 546 at Page 685. Reference is made to the aforesaid instruments fora more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. BK65IPG294 The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: (SEAL) RO ERT A. OWENS (SEAL) ENDA S. OWENS STATE OF VIRGINIA, At -Large, City of Winchester , TO -WIT: a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that ROBERT A. OWENS and BRENDA S. OWENS, his wife, whose names are signed to the foregoing Deed dated June 18 , 1987, have personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. Given under my hand this 18 day of June 1987. My Commission expires NOTARY PUBLIC GK65 1 ec295 N , O t0 . x'0 to o" d j Yd 0\ ZN Q. m . &Lo N o l� S Zi RT. 669—80'R/W IRON PIN —•••_ ION PIN PT. •[O. N73'45'W—75.00' 1 ro N w N 1 STORY sHINaLc HWV. WON..-. 174.20'S� b \� O N \�� W U U i� W m a 2 17, 250 SQ.FT. Is 4 20 �.. S_7_3 45'E — 75.00' _ '•• IRON PIN IRON ►IN —­ 1� r f.. 'O W U ('I W v! ccU O y` 1 O� W ' u. u W t=uy MANUEL C. D&HAVEN D.B. 358 — P. 254 The above Plat is a Survey of the Land conveyed to William 0. Rudy by Deed dated 7 May 1964 in Dood Book 299 Pago 210, The avid Lnproved Lot fronts the Southern Boundary Lino of Rt. 669, and lieu in Stonewall District, Frodoriok County, Virginia: Beginning at an iron pin in the Southern Boundary Lino of Rt. 669, a corner to the Armbreoht Lot, Which pin is located by moasuring 174- 20 ft. Weatwardly along the said Line from it concrete, highway monument at the intersection of the said Line with the Western Lino of tho Int. 81 Ramp, running with the said Southern Boundary Line H 730 451 W - 75.00 ft. to an iron pin corner to the Fox.Lot; thence with tho'Eastern Line or the said Lot S 160 i51 W - 230.00 ft* to an iron pin in the Northern Line of the DeH4ven Land; thonoe with tbo maid..Line 3 730 451 E - 75.00 ft. to an iron pin corner to the amid Armbrooht Lot; thence with the Western Lino of the amid Lot N 160 i5, E - 230.00 ft. to the beginning. Containing - - 17,250 Sq. Ft. - Surveyed - - - September 22, 1970.— :+, Z;IIhA rnanmucx couafl', scr. LEE A. Ei3ERT, ' t°" °�^ t.h.a M.. Drama�ry 1 u» Certified Land Surve or, Comm. of Virginia # I r, red wdh c.thhce1.. 4 •ekua,l �Ipm,nl Ihetelo nnn-W w" t•Y40 VX. t 1•u -MPS �! ur '3-c. 5d J4.1 d ******************************* #434 B"-.dhe JACK A. DENNISON ETUX. FEB 8oZ%G TO :: :: DEED J 93 PEN DAY ENTERPRISES, INC. ******************************* t��cr 55fi I-KE 825 THIS DEED made and dated this 25th day of February, 1983, I by and between JACK A. DENNISON and EVELYN DENNISON, his wife, parties of the first part, hereinafter called the Grantors, and PEN DAY ENTERPRISES, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valu- able consideration,/�he receipt of which is hereby acknowledged, the Grantors do herieby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all of those cer-• tain lots or parcels of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, on the South side of Virginia Secondary Highway No. 669, and more particularly described as follows: PARCEL ONES All of that certain tract or parcel of land, containing .35 Acre, together with all improvements and appurtenances there - unto belonging, and designated "Verona Whitlock 0.35 Acre" on that certain plat drawn by H. Bruce Edens, C. L. S., of record in the Office of the Clerk of the Circuit Caurt of Frederick County, Virginia in Deed Book 474 at Page 183 and by this reference made a part hereof as if set out in full; PARCEL TWO: All of that certain tract or parcel of land, containing .39 Acre, together with all improvements and appurtenances thereunto belong- ing, and designated "Carrie V. Wyker 0.39 Acre" on the aforesaid plat; and, PARCEL THREE: All of that certain tract or parcel of land, containing .39 Acre, together with all improvements and appurtenances thereunto belong- ing, and designated "Margaret E. Armbrecht 0.39 Acre" on the aforesaid plat; and being the same real estate conveyed to Jack A, Dennison by deed dated May 18, 1977, from Margaret E. Armbrecht, et al, of record in the aforesaid Clerk's Office in Deed Book 474 at Page 178. Reference is made to.the aforesaid plat and deed for a more particular description of the property herein conveyed. 1 826 h00K 55 . PACE 826 This conveyance is•made subject to all easements, rights of way and restrictions of record affecting the subject property. The Granters do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens land encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: WA.DENNISON S L) A (SEAL) EVELY DENNISON STATE OF VIRGINIA, OF , TO -WIT: I, �--, , a Notary Public in and for the Stat nd& aforesaid, do hereby certify that JACK A.•DENNISON, whose name is signed to the foregoing Deedd,, dated February 25, 1983, has personally appeared before me;.A[1dp;'.,, acknowledged the same in my State and , foresatd'� Given under my hand this T day of :� u ' i 19Y}`'2� ';✓ ; My Commission expires �3- a� ,:'.ti " ,M +. NARY PU LI STATE OFy, ,'Z X -, OF It, , TO -WIT: I, , a Notary Public in and for the State and Gt�-aforesaid, do hereby certify that EVELYN DENNISON, whose name is signed to the foregoing Deed, dated February 25, 1'983, has personally appeared before me and acknowl- edged the same in my State and (4 .,,T�__ aforesaid. Given under my hand this � day of `fit-e-�-��/ 1983. My Commission expires /-/- 3 —ee (NOTARIAL SEAL) RY PU IC ti 44. .131A.A c",����.f:�.0 cju.-irY, 3Cr. �'� ....... T..is instrument of writing wac produced to me on the tkd..y of 19�, _, at ` SO .ad with certificate of acknowledgment thereto annexed was dmitto to rocord. Tax unpossd oy Sec. 58•d4.1 of a.: d 53.54 have been paid, if assessable. ' t � Clerk a**iFia**MIFilialt*1F**•+F+I****+f*** * M H. COMBS, ET UX DEED [AM M. YOUNG ET UX 3 �9G� II eou 311. ease 21Q THIS DEED, made and dated this 2 day of �jy,yE , 1965, by and be Luther H. Combs and Patricia A. Combs, his wife, hereinafter called the Grantors, and William M. Young and Venna M. Young, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of Ten Dollars 010.00) and other valuable considerations paid the'. Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey, with general warranty of title, unto the Grantee in fee simple, jointly, as tenants by the entirety with the common law iight'of survivorship, the following (real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain lot or parcel of land situate in Stonewall Magisterial District, Frederick County, Virginia, fronting 60 feet on the South side of the White Hall Aoad and a depth of.250 feet, adjoining other property which is to be conveyed to the Grantees by the Grantors by deed bearing even date herewith and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, immediately following this deed. This is the same realty which was conveyed to the Grantors by Thomas D. Cather and wife by deed dated May 29, 1963, and recorded in the aforesaid Clerk's Office immediately preceding and contemporaneously with this deed. The Grantors covenant that they have the right to :onvey the within described property; that the same is free from 911 liens and encumbrances; and that they will forever warrant and defend the title thereto. — nm a ur, ors.. rrwr doax 311 rug 211 WITNESS the following signatures and seals: (SEAL) -Luther H. Combs l �2'�" c!ci • C GY�c( 1/ SEAL) l Patricia A. Combs STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I, hJ- 1 9. � DTI,, a Notary Public in and for the State and County aforesaid, do hereby certify that Luther H. Combs and Patricia A. Combs, his wife, whose names are signed to the foregoing deed, bearing date the A_ day of 1965, have acknowledged the same before me in my State and County aforesaid. Given under my hand this I_ day of 1965. My commission expires , 10' l9 G g 0 tary Public V1RC4NA FRMEM COUNTY, SC. Thi Yrtrvn+ent writing -as prod K d b -a on Ih� day 0 of ,and w�M cudf �� of oclvgwl�dGt�+�rr,b rrd vas odmlttrd - 2 - ♦►r r N♦• r•► r• ►w►►► r►►►► r r►►►►►IIr 151 • H. COMBS, ET UX • DEED • LLIAM M. YOUNG ET OX r rrw wrwrwrwrrrr%wwwwrw+++wwrrwwrr eooK 311 ?Act 212- THIS DEED, made and dated this A day of ✓ JNe , 1965, by and between Luther H. Combs and Patricia A. Combs, his Iwife, hereinafter called the Grantors, and William M. Young and IVenna M. Young, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforce able restrictions of record affecting such realty: All of that certain lot or parcel of land situate in Stonewall Magisterial District, Frederick County, Virginia, on the South side of the White Hall Road, fronting on the South side of the White Hall Road a distance of 63 feet and extending back in a Southernly direction along its Eastern boundary line a distance of 250 feet and along its Westernly boundary line a distance of 250.05 feet, with a width along its Southern boundary of 68.3 feet. This is the same realty which was conveyed to the Grantors by James Price and Evalene Price, his wife, by deed dated April 14, 1961, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 269, at Page 536. The Grantors covenant that they have the right to convey the within described property; that the some is free from all liens and encumbrances; and that they will forever warrant and defend the title thereto. BOOK 311 e 213 WITNESS the following signatures and seals: (SEAL) Luther H. Combs (SEAL) Patricia A. Combs STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: a Notary Public in and for the State and County aforesaid, do hereby certify that Luther �^ H. Combs and Patricia A. Combs, his wife, whose names are signed to the foregoing deed, bearing date the _p day of Q , 1965, have acknowledged the same before me in my State and County aforesaid. Given under 'my hand this day of 1965. ®`I ' My commission expires U G 4� r Notary Public VIRCJNIA PREDER!CK COUNTY, So. Inct �of iting was produced to me on the 6Z-4 day of 7 � a o! xdand with uryf%fofawdfltfierebb rrwra� �was admitted //7 \--- KUM AN {MAID ATTO"M AT LAW MOCPICL ONM1Y IMPACT STATEMENT ZONING APPLICATION NUMBER FLYING J TRAVEL PLAZA The proposal is to rezone property owned by three property owners from R-A residential zone to B-3 transitional commercial zone. The proposed use is an interstate travel center offering retail goods and services to the motoring public. The facilities will include a 24 hour restaurant, convenience store, fueling facilities, RV station including propane sales and waste disposal, laundromat, drivers lounge and shower facilities, and barber shop. Other services to be provided include extensive telephones, fax devices, automatic teller machines, and similar electronic services to the general public. The site consists of a total of approximately 25 acres, of which about 22 acres are appropriately zoned B-3. This request is to rezone about 3 acres of road frontage to the same zoning as the larger portion which is located behind it. The rezoning issue is limited to only the frontage area of the 25 acre site and all comments will relate only to that 3 acre area to be rezoned. A. Suitability of the Site: 100 year floor plain. Includes no portion of the site. Wetlands. No portion of the site is classified as wetlands. Steep Slopes. There are no portions of the site over 15% in slope. Mature Woodlands. There are no mature woodlands on the site. Prime Agricultural Soils. The site is now developed as single family residential. None of it is used for agricultural purposes. Soil or Bedrock Conditions. There are no soil or bedrock conditions that would interfere with or restrict the proposed use. There are no other site restraints or hazards. B. Surrounding Properties: The only residences near the rezone area are included in the rezoning and will be removed. There are no other residences within sight or sound of the site, and no activities on the rezoned area will produce noise, glare, fumes, pollution, odors or other nuisance factors to surrounding residential properties. C. Traffic• The effect of the proposed rezoning will be to generate no additional traffic. The proposed travel plaza will generate the same traffic with or without the proposed rezoning. The rezoning is being proposed to provide more area for landscaping, better visibility for the facility and more convenient parking. - Were the land not rezoned and the plaza bu.il.t, the existing houses would block.sight lines from the access roads to the plaza and constitute a traffic hazard.- The rezoning therefore would enhance area traffic movements. Existing traffic counts are 1335 per day West of I-81 in Route 669 and 2401 per day East. Changes in traffic counts will come as -a direct result of the 1990 rezoning of the majority of the travel plaza site, not from the rezoning of these lots on the periphery of the property. P. Sewage Conveyance and Treatment: There are no structures intended for the rezoned area that would need or have sewer service. E. Water Supply: The only need for water in the rezonedare a.would be for the, care.and maintenance of the extensive landscaping planned. A central irrigation system will.'be ins.tal.led.;,to supplement normal. precipitation. -Specifids .of this,- plan., and other water issues will.be addressed comprehensively in the site plan review and building permit processes as the project. proceeds. F. Drainage: The drainage from these peripheral lots as part of the larger travel plaza development will be incidental. A complete site drainage and grading plan will be provided for the entire site as part of our site plan review process, and this issue can only be addressed as part of that larger site engineering. G. Solid Waste Disposal Facilities: The majority of the rezoned area will be landscaped, with the balance in parking area. Minimal solid waste is expected to be generated by those uses, and will be considered in the context of our larger site plan review process. H. Historic Sites and Structures: There are no historic sites or structures identified by the Frederick County Rural Landmarks Survey Report, the Virginia Division of Historic Resources, or listed on the State or National Register of Historic Places on the land to be rezoned or adjoining properties. - I.. Impact on Community Facilities: A model of our impact on community facilities has been provided by the Frederick County Department of Planning and Development and is attached. The only significant impact shown by this analysis is a burden of approximately $500.00 on the Clearbrook Fire and Rescue Company. We are proferring the payment of this amount as part of our zoning request. In a 1990 rezoning, the principal portion of the site for the proposed travel plaza was rezoned to B-3. As part of that rezoning action, proffers from the property owners were tendered to the county and accepted. As Flying J develops its portion of the site, it will comply with those proffers. 'This. will involve providing specific site improvements, complying with conditions for operation.and maintenance of the site, and other terms of.the.proffers. J..Other Impacts: The proposed rezoning will have a positive impact on schools by removal of seven housing units. Flying J estimates its annual contribution to the Frederick County General Fund from sales tax, gross receipts business license fees, property tax on land, buildings, equipment and vehicles, and food tax to be $ 225,000 to $ 275,000. We would anticipate the payment of motor fuels taxes to the state transportation fund of $ 2.5 million to $ 3 million per year. Much of this revenue would be lost to the Common- wealth if our store is not built since we will be located on the state line and will bring revenue to Virginia that would otherwise be generated in another state. Our facility will involve construction expenditures of some $ 4 to 5 million in 1996, using predominately local contractors whereever practical. We will hire 100 local employees upon opening. Flying J is a national company with more than 6000 employees. We provide full benefits including pension and profit sharing funds as well as health insurance. Opportunities for advancement are dramatic in our company, which leads the industry in sales and growth. Flying J Inc operates interstate travel centers in partner- ship with Conoco, a subsidiary of DuPont. We have 85 travel plazas in operation now, with twenty more underconstruction or permitting at this time. The Flying J travel plaza will have a significant positive impact on the motoring public, tax base, and economic resources of Frederick County. OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL ---------------------- --------------------- FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions -------------------------------- ----------------------- Net ----------------------- Credit for Fiscal Taxes to Capital Impact Capital Net C Credit CDala 1mRact $44 $336 $0 $164 $0 $0 $122,775 $0 $0 $Q s.7 ZU .Q $208 ------------------------------- $1,838,714 ----------------------- $130,409 ----------------------- $0 - $500.76 NOTES: Impact Model Run Date: 8/23/95 EAW Flying "J" Rezoning: Assumes 68,795 square feet of retail on 3.65 acres zoned B-3. WAFT- ff�VFFErS DRAFT August 30, 1995 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester, VA 22601 Reference: Flying J Travel Plaza Flying J Inc. I-81 & Route 669 Frederick Co., VA We the undersigned, sole owners of the lands to be rezoned under rezoning request number ,(hereinafter the "Property") referred to as the Flying J Travel Plaza rezoning, and the applicants for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding on the heirs, exectutors, administrators, assigns and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to the other requirements set forth in the Federick County Code: 1. Prior to the issuance of a certificate of occupancy related to any improvements placed on the Property by applicant, it will pay to Clearbrook Volunteer Fire Company, Inc. the sum of $500.00 to be used for the purposes of the fire company. OWNERS: THE RAINBOW GROUP: Henry C. Buettner, Jr. Ronald S. Simkhovitch WILLIAM M. YOUNG VENNA M. YOUNG PEN DAY ENTERPRISES, INC. James Connelly, President John W. Owen, Vice President APPLICANT: FLYING J INC. J. Phillip Adams, President v ; U Print Key Output, � Fwje i. 5730SS-i V2R.3MO �� �� �� . F�Gi �q OS/2i/95 i:5 4;3 3U I) i sp lay ,931217 _ _ Device c,E l- CJO t; Date. C3/2i/95 C7sh keg iste� ' CO_l1NTY Of F6 EDERICK Time: 13:43:24_ Cashier • CONNIE�J. DATES Register: OPEN -Drawer: CJO — _ stet-��� D XD`. --•_ � _ Customer _...._.. Transactions: CF"S-Revdew) TotaL Transactions: 305 �I ....-_..,z..ai.1....J.wi_w..2�W�ijS�u�... ...... .._._:i.-�.....:.-_:r' ..,,;,,R;:.�._....... .... :_."_._ - ... SEARCH BY NAME ,. X/Is Dept T-i cket No, • H -Naime - ` - --" "fap 7�lumb�rt �"( "r- Add .Amount• ..._: _.. _ _. _ 'ENTERPRISES RE95 _fiF95 0023544000i i I= [ P f DAY Z� A ;;' Ni.101 - - _�s.25 '60,2354'40002' `I�AY' 2 PEN �Ni`Ei F'��S�S'�' A A i'0�-- - - F=9 0(2340ir��%��-�-�7-- v RE95* 00235450002-_2•-"MEN RE95 002354b000i -i 'Ei ISM Ei`!'1 Ph1"SE'�5�, RE95 002354,60002` 2 isEi '"30 fflM9_­_7Vr&-=l TcpRE95 (�0�!35476001 i ' Xi DAY `E � Av q RE95 _ 00235470002 .` 'Eta T ky 3� � `�'� ' °�j"``i�a i06.01 _ _ _ _ _ Complete ' '!F`os i"t t;ori `Tom �' "..- - -` Seta -. $ "�,.:.d7- . - -_ • "� - FS=Coto Arnoun �`fierid"ei=ea �F.f =�hpw T) sc F Sh W .rp 0=5ho_w' Sc_& ----'-F3=Ex i t FiO=FuiictTons�? a iu 9. a- Show yrig. 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Cc;mmE:it ..............�£e L _- r_ r 0 l d /New Promise Date.: 0/00/00 ' i f 0/00/00 a L $22 �,-s. . _.. _T_o_t _ w.v+ye�• _ F3=Canto l F4=Accept Y$e�aratF2i=Command L i nE F15=Show Pena Lty/Int 777 t , N Vr Faye._. 5736SSi V2R M0` ie 9 13 : 41 05 I . •: . h, lh ,'.�t'dSl T' ••� �.. �..=brf .. a1�<4 'K.'F. � r , _. _ Display ..Device User CJt7 _ Date: 0/21./95 'C'..1s , Reg i.ster •�•k:COUNTY ::OF -KREDRIC.K': T i mP y i3:4S.: 03. ~_-Cashier • CONNIE J. OATI S -Re • OPEN Drawer : CJOgyiteID X30., Customer Transactions: (F5=RiW%r `ei�) lb t a L T� ansact ions : 5 SEARCH: -RYv�MAFy 4" - X/E; Dept T i c ketNo. H Names _.�.,, xx�:.i� �� MaF� Number "'� T _ '-- Ad ,i - Amount LUAF 000 04690001 i f;OCI-I{:AN;- -- - :DOUGLAS JR 33 A b�< !h2 ; . 00- RE94 00050450002 2' LOCHRAN :.,I- RE:95 00050400001 i * COCHf,AN , :. SSG J.:33 tiro . A 6 6�4 Rr95 00050400002 7"i4L��l=f _ .__.. . _ _ _ _._.....__..�._.._ ,, ,,,t.�. �k.�.:.v• .a ._._. Complete ~Posit ion To: � •. k; ., :x r: ch_:Tot.a f - <. .,._64 - - Fi=Coto Amou�it i`end`eti=ed^ ��Fi$i9hywap -- �F2_4=Shoe►. Snc';: F: Exit F10=F unct i oiis�Menu ,,,�: h . oi- i 9. Amounts F'21=Command L. i ner P i rIP Ke . r:0u E t ge...._....3_. _ - 5738SS1 V2R3M0_�93i. t? ..Alm Y y .� } . a � ,., �,. - ,� _....�..,,,r � E _ _ --DisP LaY Device'._- Usel . . w • C,yU+ ♦n s j rp Date: 3/21./95 Cash Reg i ster ., .tMUNTY OF FREDERIC'i< Time 13 ._40, 1 Cashier : CONNTE J.�OATES .' Re i ste OPEN r - -Drawer . CJO ih ?; tom.` i Ater" .::....s .wa_.:. __. �_ :.tis_ _ - Customer Transact ions '-(F5=ReAi��e ) Tc)ta L Ti Transactions— 305' -------- 'SEA' 0+14BYMAC' a - �--__ r�� �__._..�_=cam M_.___:_= ) X/% Dept Ticket NoF..H M -bar....... _,� .� -_ �d j .- Amaul RE95 00023560001 i NOF:ROR, ,ROYe.0 ;. MYRL; 33, =A 3 - RE95 000235600022_PORRO . �4 _ .- _.._ _ __... _ ._- - _._ _.�.�.. _.• -». •-s..-- r r., -y-*^---'-.^^may �r "•r--•--_ -. ---.- - - -•--- - - w _ - ..__...- -- ., �.,.�.���♦...�-ram-s _.. -.:...� CompLete - -- Fos i t i can 7o 1 '^ .» "^ Se ti�ci � Tot"a L -- Fi=Coto an,c>unt Tendered: _�F $ sc. Fi9-Sh�LMa"p_St�ow_�oc� - - F3=Exit F O=Functions; Menu., Fi5= how. Or i.g. Amounts F21=Command Linea __ _weir ter. ..._. _.� - � .. - . .^.. �.-n--__. —...•. _.ten- -. ._� -. '..�+T +• -nT.. _... •__ .. ..._ S: _- ... i'ar i nt Ke' Output - _573@SSi v2Fc3k0�-933:2-i7 f 13 : 39 ::,0 Display Device, :_, _. Xs ! �"'- i i •��; - _ `f +Fey Date: 0/21/95 Cash a -ter: COUNTY OF FREDERICK Time: 13:39:46 Cash i er� CONN� E: .J. OATrs Register • OPEN braver - .CJCI _. _ _ , ._ °. ►`'Y s 'T�" _'h i slier T� X _ _ ._ _ ... _... Customer Transac-tions. =RTotal il-ansact ions. 305 `SEA t - �_._� _..� ._.....____.__� �� �___-- _�_.._ _ _, ....�� �,_��� . ��._ X/& T i c k e t No. H Name ; r, Yµ sip NurntzFr _ _ ,_Ad Amount _Dept RE94 00i41670002-2 RE95 OO138770001 � l(jf-(O 1lW JAMES V. ��;1�.� ,.33 �4. A � i i�HU I I UN, � JAM�� REVS 00138'770002 2-RUTTb9 JAMES V:: JR..-33 $13.7 Pos T t. i cm To': +r YComp late. _.�rch'r1 ata Li 3_-7' -- -- - FI=Gota amount--Teticfered. �'3i =S?t - --- - r 4 ' � 20 Shit�w SQC h Fig-Sh,c�w � ap � . -__ . . F3=Ex i t F'i.O=Funct'i oiis-`Menu . 15�Show Or i g . Amounts F21__ _=Command L_ i n_e -- - _... . _. =z Print Key Output Page J. 5738SSi V2R3M0 931217 13:39:25 s-p' L a y'*DL-V'-i.c e 'LLB User . . . . . . . Cio Date; 8/21/ j Cash R istei COUNTY OF` FREDERICK Time: J.3:39:i6 — ------ —77' -77 =7, 77-7. _Cash I er: CONNIE J. OATES Reg ist OPEN DrawiW:- CjO' Y Customer TI-ansactions: (F5=Revi-ew) .-,:,TotaL Transactions: 305 7 77�7'7' ,74 SEARCH.BY- MAPOr X/B Dep t T i c k e t No .'- H'. lfam'e" A0j. Amount '-F2F--9t-'061387660-6i���liiUTTON, JAMES-,-VERNON 33 2- RE95 00i3E�7QO002 2 H jTq� $ 16.4.. 17. Comp L e t e �77- P 0 Si Ion o: ,$i64. 17 0 Amount0c F F3=- EX i-+ FO:�#Zn-c-ff6ns Menu F-i5-S 'ow.:'Or i .-'Amounts F2i-Command L. i ne -­7 Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (54.0) 9844133 The local office of the Transportation Department is located at 1550 Commerce Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: �.u� ho 5 � c . f�. 0 . � x. �`1 `c3 6n��� �► lr-i 8`f �0 2 Name of development and/or description of the request: r 1 -0k 1 C6 Sj� Location: =�WU�� Va. Dept. of Transportation Comments: VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN 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 a copy of your application form, location map, impact analysis, proffer statement, and all other pertinent information 21 Frederick -Winchester Health Department Attn: Sanitation Engineer P.O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 The Frederick-Winchcstcr Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: U�►1O zs- �� C . P. 0. & x 6`1R Bri -31y� Name of development and/or description of the request: �TT 6� 302 tzC&V\WUX-1!!�at •'IMF BaOAco I; Oj Te&. • • �_ psi •► �� li- .. . Health Department Comments: Health Signature and Date: (NOTICE TO HEALTH DEPT. - PLEASE RETURN 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 a copy of your application form, location map, proffer statement, impact analysis, and all other pertinent information. 27 Frederick County Public Works Department Attn: Director of Public Works/Engineering P.O. Box 601 Winchester, Virginia 22604 (540 ) 665-5643 The Frederick County Engineering 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: • a � • r� �� � r I Name of development and/or description of the request: rtDc i I 44 . • i •. �Ism �, s Engineers Comments: Engineers Signature & Date: (NOTICE TO ENGINEERING DEPT.*PLEASE RETURN 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 copies of your plans and/or application form. REQUEST FOR REZONING COMMENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering P.O. Box 601 Winchester, Virginia 22604 ( 540 ) 665-5643 The Frederick County Engineering 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: Name of development and/or description of the request: w 'Z 6 1 Location: �LUI CQa(y�� (I,� �t V ,47 Qb,{(�a- C c�l C�myYl c�raQ, U Engineers Comments: rc-9c Engineers Signature & Date: (NOTICE TO ENGINEERING DEPT.*PLEASE RETURN 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 copies of your plans and/or application form. Frederick County Fire Marshal ATTN: Fire Marshal P.O. Box 601 Winchester, Virginia 22604 (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. AppIicant's name, address and phone number: L i "0 2. 8 00`"86q Name of development and/or description of the request: t- ZO rl sp�� V1 %Ikol' __ Location: \��&s I AI CK. L6V COiMYIVI ir-C z"a Is5u k Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RETURN 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 a copy of your application form, location map and any other pertinent information. REQUEST FOR REZONING COMMENTS Frederick County Commonwealth Attorney Winchester -Frederick County Judicial Center 5 North Kent Street Winchester, Virginia 22601 ( 540 ) 6 ,6 The Commonwealth Attorneys office is located in the Frederick County Judicial Center at 5 North Kent Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: �S" 0-Nc . P,©. 3v c (07 Name of development and/or description of the request: 926 Winchester - Street in u i F43o Z v Location: CLri��tX rrYutx �=MC2 C�j �i C2�� Airport Signature and Date: (NOTICE TO -IMMMT. * PLEASE RETURN 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 a copy of your application form, location map, proffer statement, impact analysis, and all other pertinent information. Name of Fire and Rescue Squad, address and phone number: Cleat- 606L,- VO t"Itte-Ir- Ti�r CO, Po a� sb Ow6-0VA Mzy Applicant's name, address and phone number: Name of development and/or description of the request: Location: � Fire and Rescue Squad Comments: Fire and Rescue Signature and Date: (NOTICE TO SQUAD - PLEASE RETURN THIS FORM TO THE 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, location map, proffer statement, impact analysis, results of County Capital Facilties Impact Model run, and any other a pertinent information. 33 10 141 added that they could delete the Route 789 entrance, if the Commission desired. Most of the Commissioners felt that the rural community centers h' throughout County were unique and public sentiment was particularly important when considering Est of this nature. They felt that such a large percentage of the community had made its ?on to the rezoning known, they were obligated to consider that fact. Upon motion made by Mr. Shickle and seconded by Mr. Ours, OLVED, That the Frederick County Planning Commission does hereby deny Rezoning #001-95 of Wayne R. Ridgeway to rezone 2.047 acres from RA (Rural Areas) to B3 Transition) by the following majority vote: Light, Copenhaver, Marker, Thomas, Morris, Shickle, Ours Wilson, Romine, DeHaven Application #004-95 of Flying J, Inc. to rezone 3.65 acres from RA (Rural i B3 (Industrial Transition). This property is located at the intersection of 81 and Rest Church Road (Rt. 669), and is identified with PINs 33A-A-1, 33A- -A-3, 33A-A-6, 33A-A-7, 33A-A-8, 33A-A-9, and 33A-A-10 in the Stonewall al District. Action - Recommended Approval Mr. Tierney said that the anticipated impacts of the requested rezoning are minimal. ed use for the lots to be rezoned is incidental to the main use of Lots 1, 2, and 3 of the d to B3 in 1991 by the Rainbow Gam. He said that these lots are the proposed site J Travel plaza. He said that the travel plaza can be expected to draw a large number off of the interstate, however, the plaza can be constructed, assuming appropriate approvals are obtained, without the approval of the current rezoning request. These necessary for the use, but rather provide for an unobstructed frontage along Route is desired by the applicant. Mr. Craig Call, representing Flying J Inc., showed a videotape of a similar Flying Plaza located in Washington Township, near Trenton, New Jersey. Mr. Call said that planning to widen Route 669 in front of the facility at their expense. They have also 00 contracts to buy the houses on this site and those will be removed. He said that their anr►ual revenue to the funds of Frederick County is between $225,000 - $275,000; they O aect to remit from $2 '/z million to $3 million per year to the State's transportation fund W[es; they will spend $4-5 million in construction costs; and they will employ about 100 loyees. Mr. Call said that they are the largest operator of this type of facility in the i wners of the Rainbow Group, felt that Flying J Mr. Henry Buettner, one of the o sake a good partner in the community. Chairman DeHaven called for public comments. Mr. Tierney presented a letter of endorsement he received from the Winchester - County Chamber of Commerce & Visitors Center. Mr. Ed Butler, area resident for the past 33 years, said that he lived about 1 /4 mile to and he didn't feel this was the proper location for this facility. Mr. Butler said that ajor traffic concerns and he spoke of a number of road improvements that would be 1e said that there was a natural drainage through this area and he was concerned about Doff. Mr. Butler asked if truck trailers would be washed on site and he questioned the of a water supply and sewage disposal. Mr. Butler was also concerned about the safety xhood children in light of the increased traffic. He was also concerned about the noise 5c and from trucks running all during the night. Ms. Pat Franklin, resident on Route 669, also felt that this was not the proper r a truck stop. Mrs. Franklin was concerned about the safety of neighborhood children d be walking, riding their bicycles, or boarding school buses; she felt there would be traffic and congestion; and she was concerned about noise. She was also concerned quality of life for the residents in the subdivisions located to the rear of this site. Mr. Frank Crosen, area resident for the passed 12 years, voiced his concern about traffic congestion in this area Mr. Crosen was concerned about the effect on property values and the noise pollution that would be generated. Ms. Kim Dodd, area resident, asked if this rezoning request would need to go to of Supervisors for final approval. Chairman DeHaven confirmed that it would. Mr. Buettner came back to the podium to clarify which parcels were already zoned 4077 a 12 ch ones needed rezoning. He stated that there was an orchard located across the street was located to the south, both of which created natural buffers. He said that all the joliling on Route 669 would be removed to provide entrances to this site. Mr. Call also came back to the podium to address some of the concerns of the area Tegarding traffic, noise, and water issues. The Commission felt that the anticipated impacts of rezoning the 3.65 acres on d9 were minimal considering that the approximate 24 acres to the rear of the site were ;peed properly for the proposed use. It was noted that the parcels fronting on Route 669 -pecessary for the use, but rather were being used to provide an unobstructed frontage lute 669. Upon motion made by Mr. Romine and seconded by Mr. Ours, )OLVED, That the Frederick County Planning Commission does hereby unanimously ;zoning Application #004-95 of Flying J Travel Plaza, Inc. to rezone 3.65 acres from Areas) to B3 (Industrial Transition) with the proffers submitted by the applicant. This s located at the intersection of 1-81 and Rest Church Road (Rt. 669) and is identified 33A-A-1, 33A-A-2, 33A-A-3, 33A-A-6, 33A-A-7, 33A-A-8, 33A-A-9, and 33A-A-10 ewall District. The letter received from the Chamber of Commerce & Visitors Center a part of the official record with the approval of -this motion. Application #005-95 of James T. Wilson to rezone 2.99 acres from B 1 hood Business) to B2 (Business General). This property is located on the east for Road (Rt. 647) and is identified with PINs 74B-5-C, 74-A-104, and 74-A- Opequon District. Action - Tabled Until November 1, 1995 Mr. Blaine Wilson, Shawnee District Commissioner, said that he would abstain n and voting on this rezoning due to a possible conflict of interest. Mr. Tierney said that the applicant is proposing a restaurant, car wash, and ice vegetable stand. He said that none of the review agencies had any major concerns. Mr. aid that the property is located within an Urban Development Area and is very near an 4078 D�4 . \ \ I \ qo, 5. commission recommended approval with conditions. There was no public input. � 397 i Upon motion made by James L. Longerbeam, seconded Iby W. Harrington Smith, Jr., conditional use permit #009-95 was approved as submitted. vote: The above motion was approved by the following recorded Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye. Charles W. Orndoff, Sr. -Aye PUBLIC HEARING - REZONING APPLICATION 1003-95 OF PROFE- SSIONAL MOBILE HOME BROKERS TO REZONE 2.1514 ACRES FROM B-2 _(BUSINESS GENERAL) TO B-3:(INDUSTRIAL TRANSITION)'. THIS PROPERTY IS LOCATED ON BERRYVILLE PIKE (ROUTE 7) EAST OF AND IS IDENTIFIED WITH PIN 55-A-34 - APPROVED Mr. Kris Tierney, deputy planning director, presented this request to the board noting that the planning commission recom- mended approval with proffers. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Jimmie K. Ellington, rezoning application #003-95 was approved as presented. vote: The above motion was approved by the following recorded Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REZONING APPLICATION 1004-95 OF FLYING J INC TO REZONE 3.65 ACRES FROM RA (RURAL AREAS TO B3 (INDUSTRIAL TRANSITION) THIS PROPERTY IS LOCATED AT THE INTERSECTION OF INTERSTATE 81 AND REST CHURCH ROAD (ROUTE 669), AND IS IDENTIFIED AS PINS 33A-A-1,2,3,6,7, & 10 IN --- ---- I .r_T-. r r .� i T 9+m77nT7►7 TTCrt*DTnm - A'DDDnuP-n Mr. Tierney, deputy planning director, presented this request to the board noting that the planning commission recom- mended approval. Mr. Orndoff inquired about the bridge on Route 81 and whether or not any type of construction was scheduled to help alleviate the site problems. Mr. Tierney replied not at this stage, this would be done at the site plan level. Mr. Orndoff stated that this concerned him, as he feels it is dangerous. Mr. Orndoff stated that he does not feel the proffers are as much as they should be for the fire company. with. Mr. Ellington asked about how the sewage would be dealt Mr. Tierney explained that it -was his understanding that a septic system would be installed on five acres, and : this would have to be approved by the health department. Mr. Craig Call, attorney at law, representing Flying J. Inc., appeared before the board andtby way of a slide presentation and video explained what Flying J. Inc. had done in other parts of the United States and why they would like to locate in Frederick County. He further stated that there are two other locations presently in Virginia, those being Caroline and Wythe Counties. He explained that a packaged treatment plant is used for treatment of sewage. Mr. Sager stated that the county is very much interested in tourism and asked if Flying J. Inc. would have any area within their facility that could be used to promote tourism for this area. this. Mr. Call - replied yes, there would be no problem with Mr. Henry Buettner, one of the individuals offering this property for sale, appeared before the board noting that this property was rezoned in 1990 and he feels this would be a good business to come to the county for many reasons. Mr. Doug Cochran, resident of Stonewall District, living west of this site, appeared before the board to express his concerns about the amount of water that would be needed for an operation of this size and what the long term 399 effects might be on his well, especially after having experiencec the type of dry summer we just had. Mr. Buettner referred to Duncan Run and the fact that there has always been water there, he did not feel this would be a problem. Mr. Ellington explained that Mr. Cochrans's concerns were legitimate and he too was concerned about how the citizens in close proximity to this site could be affected by the high water usage of such a business. Mr. Cochran stated that he lives approximately 500 yards from the proposed site. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., rezoning application #004-95 of Flying J., Inc. was approved. vote: The above motion was approved by the following recorded Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Dick stated that from all that he knows of Flying J., Inc. it has been very good. End of Public Hearings. OTHER PLANNING ITEMS: J I C. LTD. MASTER DEVELOPMENT PLAN - APPROVED UNDER CONSENT AGENDA This property is located on Arbor Court adjacent to Blue Ridge Industries in Shawnee Magisterial District, and the proposed use is metal works and fabrication. SCHOOL EXPANSION FOR JAMES WOOD AND SHERANDO HIGH SCHOOLS - APPROVED UNDER CONSENT AGENDA These are preliminary development plans for the proposed expansion of James Wood High School and Sherando High School. I The proposed improvements will allow each high school to in- crease its capacity from 1,250 students to 1,500 students. James Wood High School will be increased by an additlional 18F000 VA. ROUTE 669 REST CHURCH ROAD N79°14'47"W \ 0 PT. BEG. 24.07' Z Nam. U Z N w to p to N 3cr`a F a- a: J W W F- UZtD Q w Lo a Q ai 00 z uw a - co CID ai N N i to Lo s m PARCEL ONE 15,3/8 SO. FT. POLE NO. VA. POWER CO. R/W D. B. 164 - P. 366 O Q O L 1 5 79. 14' 47" E - 74.83' 1 r•. p LOT I WHITE HALL BUSINESS PARK D. B. 750 - f. 1810 0 CA O m O w O ®-VDOT MONUMENT (FOUND) O-REBAR (SET) H. U. D. FLOOD ZONE C: w AREA OF MINIMAL FLOODING. 0 Lu Q THIS IS TO CERTIFY THAT ON JUNE U) 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS z SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 0 L E f A B.ERI u ,JKRi1FiCATE No. 484 � ,'•_LAND `��" • The accompanying Plat represents a Survey of the Land - designated as PARCEL ONE - conveyed to PEN DAY ENTERPRISES, INC. by Deed dated 25 February 1983 in Deed Book 556 Page 825. The said Unimproved Land fronts the Southern Boundary Line of Rest Church Road - Virginia Route 669 and lies in Stonewall District, Frederick County, Virginia: Beginning at a concrete highway monument at the intersection of the Southern Boundary Line of the Rest Church Road with the Western Boundary Line of Interstate Route 81, running with the said Southern Boundary Line, N 790 14' 47" W - 24.07 ft. to a rebar (set), a corner to Parcel Two - Pen Day Enterprises, Inc. Land; thence with the Eastern Line of the said Land, S 10' 45' 13" W - 229.88 ft. to a rebar (set) in the Northern Line of the White Hall Business Park Land; thence with the said Line, S 79' 14' 47" E - 74.83 ft. to a concrete highway monument in the Western Boundary Line of Interstate Route 81; thence with the Two Following Western Boundary Lines, N 11 ° 13' 47" E - 150.00 ft. to a concrete highway monument; thence N 220 18' 28" E - 95.32 ft. to the beginning. Containing: 15,318 Sq. Ft. Surveyed: 14 June 1995 (OWIFICATE A. EBIRT zhkl i k�qe_'P—� 484 AND f 4,-4 VA. ROUTE 669 REST CHURCH ROAD N79'14'47"W I U z vi LLj w w u; �CD co CL J W � w F- U Z 'o Q w ,n cL a m � 0 z W CL 75.00' 28.3' Y j I - STORY w I SIDING HOUSE 0 NO. 1546 DECK PARCEL TWO 17,241 SO. FT. N 0-1 CA 0 ❑ PT. BEG, Q � a 24.07' 31 � W >i o 0 bD bD CID CID d 0) N N N N i Ld 3 ro M — irn � • o o - - z I S 790 14' 47" E - 75.00' LOT I WHITE HALL BUSINESS PARK D. B. 750 - P. 1810 0 H. U. D. FLOOD ZONE C; AREA OF MINIMAL FLOODING. EI-REBAR (SET) p-VDOT MONUMENT (FOUND) THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER z N THAN THOSE SHOWN HEREON, yj CD TITLE REPORT NOT FURNISHED. THIS w SURVEY 15 SUBJECT TO ANY FACTS THAT w MIGHT BE DISCLOSED BY A FULL AND , zo CL (D ACCURATE TITLE SEARCH. _jwtn U z (n Q } G CLQ a z w - o LF A. B,£RT fA9aI K)kTE No. > era 484 s spa. taNIP 1 The accompanying Plat represents a Survey of the Land designated as PARCEL TWO conveyed to PEN DAY ENTERPRISES, INC. by Deed dated 25 February 1983 in Deed Book 556 Page 825. The said Improved Land - designated as No. 1546 - fronts the Southern Boundary Line of Rest Church Road - Virginia Route 669 - and lies in Stonewall District, Frederick County, Virginia: Beginning at a rebar (set) in the Southern Boundary Line of the Rest Church Road, a corner to Parcel One, which point is located by measuring 24.07 ft. along the said Boundary Line from a concrete highway monument at the intersection of the said Line with the Western Boundary Line of Interstate Route 81, running with the said Southern Boundary Line N 79' 14' 47" W - 75.00 ft. to a rebar (set), a corner to Parcel Three; thence with the Eastern Line of said Land, S 10' 45' 13" W - 229.88 ft. to a rebar (set) in the Northern Line of the White Hall Business Park Land; thence with the said Line, S 79' 14' 47" E - 75.00 ft. to a rebar (set) corner to the said Parcel One; thence with the Western Line of the said Land, N 10' 45' 13" E - 229.88 ft. to the beginning. Containing: 17,241 Sq. Ft. Surveyed: 14 June 1995 %"Zz,dBIRTS• LEE A. M"IFICATE hW6 > �Vlt VA. ROUTE 669 REST CHURCH ROAD I ' I GRAVEL I 11 PARKING AREA II N79014'47"V ° TE.- - 75.00' I i I � WELL / I � I I � M 11 U m N ui N w r> I Lo m XN 3 C w i Ih Z In W cD In r ari v Q 0 . o � Z — W In CL I - STORY SIDING HOUSE N0, 1538 DECK 29.0' Q 0 ai uu w o PARCEL THREE 171 241 SO. FT. S 79' 14' 47" E - 75.00' LOT I WHITE HALL BUSINESS PARK D. B. 750 - P. 1810 I 4 I PT, BEG. POLE 99.0 iJ I N O ,r w O t9 A O O-IRON PIN (FOUND) O-REBAR (SET) &- VDOT MONUMENT (FOUND) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. v TITLE REPORT NOT FURNISHED. THIS z SURVEY IS SUBJECT TO ANY FACTS THAT O In Lo MIGHT BE DISCLOSED BY A FULL AND 3 u) m ACCURATE TITLE SEARCH. w U w lD < ZCL I� W CL w A. FBIRT CEiZTIF1CA1 E ! . 10 ° L A N n 9Q4 • k. The accompanying Plat represents a Survey of the Land designated as PARCEL THREE conveyed to PEN DAY ENTERPRISES, INC. by Deed dated 25 February 1983 in Deed Book 556 Page 825. The said Improved Land - designated as No. 1538 - fronts the Southern Boundary Line of Rest Church Road - Virignia Route 669 - and lies in Stonewall District, Frederick County, Virginia: Beginning at a rebar (set) in the Southern Boundary Line of the Rest Church Road, a corner to Parcel Two, which point is located by measuring 99.07 ft. along the said Boundary Line from a concrete highway monument at the intersection of the said Line with the Western Boundary Line of Interstate Route 81, running with the said Southern Boundary Line, N 79' 14' 47" W - 75.0 ft. to an iron pin (found), a corner to the Pen Day Enterprises, Inc.. Land; thence with the Eastern Line of the said Land, S 10° 45' 13" W - 229.88 ft. to an iron pin (found) in the Northern Line of the White Hall Business Park Land; thence with the said Line, S 79' 14' 47" E - 75.00 ft. to a rebar (set) corner to the said Parcel Two; thence with the Western Line of the said Land, N 10' 45' 13" E - 229.88 ft. to the beginning. Containing: 17,241 Sq. Ft. Surveyed: 14 June 1995 jLLTU LEE A. MERT x QWIFICATE No.484 Or i VA. ROUTE 669 REST CHURCH ROAD POLE IL N D N O N 00 my ZCD Q rr m u1 F- GRAVEL PARKING AREA I , I N 79° 14' 47" W - 75,00' PT. BEG( 0 0 TEL , 174.07' � I 29.3' I , I — STORY SIDING HOUSE NO. 1532 CHAIN LINE FENCE iD 17,241 io N SO. FT. CD N Z N N w Un m x� 1� M Fw— cD w Q m O_ o o0 Z "j a_ w U W Z W L Y Y Z Z J J Z Z_ Q Q = = U U S 79. 14' 47" E - 75.00' LOT I WHITE HALL BUSINESS PARK D. B. 750 - P. 1810 w 0 m 0 �uj 0 m• O —IRON PIN (FOUND) ,n— VDOT MONUMENT (FOUND) H. U. D. FLOOD 20NE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. c LEE A. EB 0IRTIFICATE No. 484 I The accompanying Plat represents a Survey of the Land conveyed to PEN DAY ENTERPRISES, INC. by Deed dated 18 June 1987 in Deed Book 651 Page 293. The said Improved Land - designated as No. 1532 - fronts the Southern Boudary Line of Rest Church Road - Virginia Route 669 - and lies in Stonewall District, Frederick County, Virginia: Beginning at an iron pin (found) in the Southern Boundary Line of the Rest Church Road, a corner to the Pen Day Enterprises, Inc. Land, which point is located by measuring 174.07 ft. along the said Boundary Line from a concrete highway monument at the intersection of the said Line with the Western Boundary Line of Interstate Route 81, running with the said Southern Boundary Line, N 79' 14' 47" W - 75.00 ft. to an iron pin (found), a corner to The Rainbow Group Land; thence with the Eastern Line of the said Land, S 10' 45' 13" W - 229.88 ft. to an iron pin (found) in the Northern Line of the White Hall Business Park Land; thence with the said Line, S 79' 14' 47" E - 75.00 ft. to an iron pin (found), a corner to the said Pen Day Enterprises, Inc. Land; thence with the Western Line of the said Land, N 10' 45' 13" E - 229.88 ft. to the beginning. Containing: 17,241 Sq. Ft. Surveyed: 14 June 1995LTB a� ri+et" o LIP A. MERT V =U*1VArE NPR. Y 4 eAr Fj LAND 9v4 I VA. ROUTE 669 REST CHURCH ROAD -I ti N w M o 'Y ' a PT. BEG. TEL - N 790 14' 47" W I Q PT. BEG.�E 75.00' i w I Q I � 29.0' m Q N - Z)O Mm 0 a: ON mN Z� Q crm ci 2 F- N 01 LA 0 POLE I - STORY FRAME HOUSE C9 0 NO. 1524 DECK 0 -VDOT MONUMENT (FOUND) O -IRON PIN (FOUND) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. 17,241 '% 50. F z_ THIS 15 TO CERTIFY THAT ON JUNE CD T . W 14. 1995. 1 MADE AN ACCURATE SURVEY OF m THE PREMISES SHOWN HEREON AND THAT N ai w THERE ARE NO EASEMENTS OR ENCROACH- N y N MENTS VISIBLE ON THE GROUND OTHER i CL a: THAN THOSE SHOWN HEREON. 3 W I TITLE REPORT NOT FURNISHED. THIS F- w SURVEY IS SUBJECT TO ANY FACTS THAT jr� ih w MIGHT BE DISCLOSED BY A FULL AND - - r Qj ACCURATE TITLE SEARCH. io io 0 ci • • Z W 0 p a cn fl z _► a FRII T S 79' 14' 47" E - 75.00' n LOT I WHITE HALL BUSINESS PARK D. B. 750 - P. 1810 The accompanying Plat represents a Survey of the Land conveyed to the Rainbow Group by Deed dated 13 June 1995 in Deed Book 840 Page 222. The said Improved Land - designated as No. 1524 - fronts the Southern Boundary Line of Rest Church Road - Virignia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a concrete highway monument in the Eastern Line of the Rainbow Group Land, which monument is S 10' 45' 13" W - 40.00 ft. from the corner of the said Land in the Center Line of the said Road, the said corner located by measuring 362.79 ft. Eastwardly along the said Center Line from the original Northwest corner to the entire M. G. Hoffman Tract, running with the Eastern Line of the said Rainbow Group Land S 10' 45' 13" W - 229.88 ft. to an iron pin (found) in the Northern Line of Lot 1 - Whitc Hall Business Park; thence with the said Line S 79' 14' 47" E - 75.00 ft. to an iron pin (found) corner to the Pen Day Enterprises, Inc. Land; thence with the Western Line of the said Land N 10' 45' 13" E - 229.88 ft. to an iron pin (found) in the Southern Highway Boundary Line of Rest Church Road; thence with the said Boundary Land N 79' 14' 47" W - 75.00 ft. to the beginning. Containing: 17,241 Sq. Ft. Surveyed: 14 June 1995 �$ xL H 0 LE A. EBERT CIWTIFICATE M. > 484 S � i VA. ROUTE 669 REST CHURCH ROAD 4 pT. N79.14'47"W-75.00' io Igo ti O OLE CD TEL N CL n� O Lo O =o 68.8' 1 J W I - STORY Q' SIDING HOUSE NO. 1516 20024/ SO. FT. m S79'14'47"E-75.00' - o LOT I WHITE HALL BUSINESS PARK D. B. 750 - P. 1810 ■1 o VDOT LAND CL i N O N (D N (D 3a- O t m o z CD x ai wm C\j o N of W o il • f No &- VDOT MONUMENT (FOUND) 0- IRON PIN (FOUND) O- REBAR (SET) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995. 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON -AND THAT THERE ARE NO EASEMENTS OR -ENCROACH- MENTS VISIBLE ON THE GROUN6 OTHER THAN THOSE SHOWN HEREON. . TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. aa4 The accompanying Plat represents a Survey of the Land conveyed to the Rainbow Group by Deed dated 7 November 1989 in Deed Book 732 Page 870. The said Improved Land - designated as No. 1516 - fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the Rainbow Group Land, and located by measuring 287.79 ft. Eastwardly along the said Center Line from the original Northwest corner to the entire M. G. Hoffman Tract, running with the Eastern Line of the said Rainbow Group Land, S 10' 45' 13" W - 20.00 ft. to a rebar (set), and continuing S 100 45' 13" W - 269.88 ft., IN ALL, to an iron pin (found) in the Northern Line of Lot 1 - White Hall Business Park; thence with the said Line, S 790 14' 47" E - 75.00 ft. to an iron pin (found) corner to the Rainbow Group Land; thence with the Western Line of the said Land, N 100 45' 13" E - 229.88 ft. to a concrete highway monument, a corner to the VDOT Land, and continuing with the Western Line of the said Land, N 10' 45' 13" E - 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line N 79' 14' 47" W - 75.00 ft. to the beginning. Containing: 20,241 Sy. Ft. Surveyed: 14 June 1995 c LEE A. EBFRT V r QWIFICATE No. n 484 0 tANB 'k : . . f VA. ROUTE 669 REST CHURCH ROAD (� PT. BEG. N 79° 14' 47" W - 75.00' `�.- — 1 O I jCPOLE NN D N --rt - _E 60'PRIVATE ACCESS EASEMENT 20,241 S4. FT. J •D CID ai (D N i 1'o in .. I S79'14'47"E-75.0b' I LOT I WHITE HALL BUSINESS PARK CL � O o� �co CD O m N Z rh N Q v � m W r 0 N 04 CA O n• O -IRON PIN (FOUND) S- REBAR (SET) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. The accompanying Plat represents a Survey of the Land (Parcel Two and Parcel Three) conveyed to the Rainbow Group by Deed dated 28 July 1989 in Deed Book 720 Page 936. The said Land fronts the Center of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the BDK Ltd.- Land, and located by measuring 212.79 ft. Eastwardly along the said Center Line from the original Northwest corner to the entire M. G. Hoffman Tract, running with the Eastern Line of the said BDK Ltd. Land, S 10' 45' 13" W - 20.00 ft. to a rebar (set), and continuing S 100 45' 13" W - 269.88 ft., IN ALL, to an iron pin (found) in the Northern Line of Lot 1 - White Hall Business Park; thence with the said Line, S 790 14' 47" E - 75.00 ft. to an iron pin (found) corner to the Rainbow Group Land; thence with the Western Line of the said Land N 100 45' 13" W - 249.88 ft. to a rebar (set), and continuing N 10' 45' 13" E - 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line N 79' 14' 47" W - 75.00 ft. to the beginning. ALSO SHOWN ON THE PLAT IS THE 60.0 FT. ACCESS EASEMENT OVER THE WESTERN PORTION OF THE LAND (Deed Book 750 Page 1810). Containing: 20,241 Sq. Ft. Surveyed: 14 June 1995 o�4S kLTN 00; U LEE A. EBFRT u CRTIFMCATE No. > n 484 '�� 1.ANo �`a I. VA. ROUTE 669 REST CHURCH ROAD PT. BEG. " N 79° 14' 47W - 150.00' 1 0 N / N POLE j > (D 68.0, o Q I POLE 401483 SO. FT. S79°14'47"E-150.00' LOT I WHITE HALL BUSINESS PARK THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. N oI t �l W O H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. 0 -IRON PIN (FOUND) u - REBAR (SET) m C:L)� CD O o) cr CL N bD ODo0 �m� W NQm --wo O Z y 41 The accompanying Plat represents a Survey of the Land conveyed to BDK Ltd. by Deed dated 8 April 1994 in Deed Book 817 Page 972. The said Improved Land - designated as No. 1496 - fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Intestate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the Young Land, and located by measuring 62.79 ft. Eastwardly along the said Center Line from the original Northwest corner to the entire M. G. Hoffman Tract, running with the Eastern Line of the said Young Land, S 10' 45' 13" W - 20.00 ft. to a rebar (set), and continuing S 100 45' 13" W - 269.88 ft., IN ALL, to a rebar (set) in the Northern Line of Lot 1 - White Hall Business Park; thence with the said Line, S 79' 14' 47" E - 150.00 ft. to an iron pin (found) corner to the Rainbow Group Land; thence with the Western Line of the said Land, N 10' 45' 13" E - 249.88 ft. to a re -bar (set), and continuing N 10' 45' 13" E - 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line N 79' 14' 47" W - 150.00 ft. to the beginning. Containing: 40,483 Sq. Ft. Surveyed: 14 June 1995 G o LEE A. EBERT u CW IF"TE NO. > C� 484 f 4 A Wit U z o(D cra) Q v _a: U O M = pj � 0 tl VA. ROUTE 669 REST CHURCH ROAD N 79. 14' 47" W PT, OEG., �i 62.79' 0 0 0 N 67.6' I - STORY FRAME HOUSE 1 NO. 1488 17,690 �D SO. FT. N 3 M N io In En wo � w c = i 0 p. 0 o / N - OLE w TEL - - ---- ui 0 S 79' 14' 47" E - 68.30' LOT I WHITE HALL BUSINESS PARK OD ai lD N W io e 0 �i w 0 il a• 0 -IRON PIN (FOUND) Cl - REBAR (SET) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS 15 TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF N THE PREMISES SHOWN HEREON AND THAT r` THERE ARE NO EASEMENTS OR ENCROACH- 0) p .. MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS J t` Y m SURVEY IS SUBJECT TO ANY FACTS THAT p Qj MIGHT BE DISCLOSED BY A FULL AND m o ACCURATE TITLE SEARCH. I]- - CD�Y CAM-IFOCATE Pia ~ 484 The accompanying Plat represents a Survey of the Land conveyed to William M. Young and Venna M. Young by Deed dated 2 June 1965 in Deed Book 311 Page 212. The said Improved Land - designated as No. 1488 - fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center Line of Rest Church Road, a corner to the Young Land, and the original Northwest corner of the entire M. G. Hoffman Tract, running with the Eastern Line of the said Young Land, and the original Western Line of the entire M. G. Hoffman Tract, S I 1 ° 55' 23" W - 20.00 ft. to a rebar (set), and contining S 11 ° 55' 23" W - 269.94 ft., IN ALL, to an iron pin (found), a corner to the Young Land, the Fruit Hill Orchard, Inc. Land, and Lot 1 - White Hall Business Park; thence with the Northern Line of the said Lot 1 - S 790 14' 47" E - 68.30 ft. to a rebar (set) corner to the BDK Ltd. Land; thence with the Western Line of the said Land, N 10' 45' 13" E - 249.88 ft. to a rebar (set), and continuing N 100 45' 13" E 269.88 ft., IN ALL, to a point in the Center Line of Rest Church Road; thence with the said Center Line, N 79' 14' 47" W - 62.79 ft. to the beginning. Containing: 17,690 Sq. Ft. Surveyed: 14 June 1995 G` o LEE A. E ,ART u (MWIFl(,14?E Na. 484 0 / �I.ANU VA. ROUTE 669 REST CHURCH ROAD _ N79'14'47"W P` 60.00' o c • U m z cD N cr 41 cr U � ' M rn N J ~ = m Ui p e En 161193 SO. FT. N oA w 0 0 w 0 0 0 — REBAR (FOUND) 0 — REBAR (SET) 60.00' 0 0 S 79. 14' 47" E LOT WHITEHALL BUSINESS PARK 1 The accompanying Plat represents a Survey of the Land conveyed to William M. Young and Venna M. Young by Deed dated 2 June 1965 in Deed Book 311 Page 210. The said Land fronts the Center Line of Rest Church Road - Virginia Route 669, and lies just West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at a point in the Center line of Rest Church Road, a corner to the Young Land (Deed Book 311 Page 212), and original corner to the Thomas D. Cather Tract and the M. G. Hoffman Tract, running with the said Center Line, N 79' 14' 47" W - 60.00 ft. to a corner to the Fruit Hill Orchard, Inc. Land; thence with the Two Following Lines of the said Land, S 11 ° 55' 23" W - 20.00 ft. to a rebar (set), and continuing S I 1 ° 55' 23" W - 269.94 ft., IN ALL, to a rebar (set); thence S 79' 14' 47" E - 60.00 ft. to a rebar (found) corner to the said Fruit Hill Land, Lot 1 - White Hall Business Park and the said Young Land, thence with the Western Line of the said N'oung Land, N 1 1 ° 55' 23" E - 249.94 ft. to a rebar (found), and continuing N 1 1 ° 55' 23" E - 269.94 ft., I ALL, to the beginning. Containing: 16,193 Sq. Ft. Surveyed: 29 August 1995 Q kf+a ' (otL A. EBFRT RTIFICATE No. 484 � LAND S4- rJ 300 \00' Z00 \00 0 Qd N O J FRUIT HILL ORCHARD, INC. D. B. 373 - P. 496 S I1* 55' 23" W - 435.18' 0 —IRON PIN (FOUND) L—VDOT MONUMENT (FOUND) _ RAINBOW -LANE 60' PRIVATE_ACCESS� EASEMENT m ----------------------- e LOT l 7.5 8 / A CRES �A ___No N 110 12' 48" E - 450.37' INTERSTATE THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. J64 ?PO RAW ROUTE 81 H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. YOUNG D.B. 311 - P. 210 PT. BEG. YOUNG D.B. 311 - P. 212 BDK L /TD D.B. 817 - P. 972 THE RAINBOW GROUP 60' PRIVATE ACCESS EASEMENT D.B. T20 - P. 936 THE RAINBOW GROUP D.B. 732 - P. 870 THE RAINBOW GROUP D.B. 840 - P. 222 d' ti 3 PEN DAY ENTERPRISES, INC. D.B. 651 - P. 293 PEN DAY ENTERPRISES, INC. D.B. 556 - P. 825 ti Z PEN DAY ENTERPRISES, INC. D.B. 556 - P. 825 PEN DAY ErTERPRISES, INC. D.B. 55 - P. 825 r The accompanying Plat represents a Survey of LOT 1 - WHITE HALL BUSINESS PARK - the Amended Deed of Dedication dated 24 September 1990 is a Matter of Record in Deed Book 750 Page 1810. The said Land lies South of Rest Church Road - Virginia Route 669 and West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin (found), a corner to the two Young Lots and the Fruit Hill Orchard, Inc. Land, running with the Eastern Line of the said Fruit Hill Land - also the Western Line of Rainbow Lane - 60.0 Ft. Private Access Easement - S 1 1 ° 55' 23" W - 435.18 ft. to an iron pin (found) corner to Lot 2; thence with the Northern Line of the said Land, S 78' 04' 37" E - crossing the said Lane - 748.55 ft. to an iron pin (found) in the Western Boundary Line of Interstate Route 81; thence with the said Line, N I 1 ° 12' 48" E - 450.37 ft. to a concrete highway monument corner to Lots fronting Rest Church Road; thence with the Southern Line of the said Lots, N 790 14' 47" W - 524.83 ft. to a corner to the said Rainbow Lane, and continuing N 790 14' 47" W - with the Northern Line of the said Lane - 743.13 ft., In All, to the beginning. ALSO SHOWN ON THE PLAT IS THE SAID RAINBOW LANE. Containing: 7.581 Acres Surveyed: 14 June 1995 �1 ..G2 �C o' L F I A. RT u COOTIRCATE No. 484 `t M 300 \\00' 200 \00 0 FRUIT HILL ORCHARD. INC. D, 6, 373 - P. 496 S II° 55' 23" W - 461.49' H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. O-IRON PIN (FOUND) —I RAINBOW LANE_ Go' PRIVATE ACCESS EASEMENT_ N Lo rh tD I W ti M O m t` m LOT 2 7.4 6 6 ACRES - - io c — — DRAINFIELD �� cID cr \ AREA � J I ti o O HO A, p0 CO a.6 w, r` 16, )0.366 Ri4V Z CHORD R = 14 4 N222147•E_ 46930 .26' ARC _ ANT ER 469.28• STATE ROUTE 81 THIS IS TO CERTIFY THAT ON JUNE 14, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 0 PT. BEG. The accompanying Plat represents a Survey of LOT 2 - WHITE HALL BUSINESS PARK - the Amended Deed of Dedication dated 24 September 1990 is a Matter of Record in Deed Book 750 Page 1810. The said Land lies South of Rest Church Road - Virginia Route 669 and West of Interstate Route 81, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin (found) in the Eastern Line of the Fruit Hill Orchard, Inc. Land, a corner to Lot 1, running with the said Eastern Line - Also the Western Line of Rainbow Lane - 60.0 Ft. Private Access Easement - S 1 1 ° 55' 23" W - 461.49 ft. to an iron pin (found) corner to Lot 3; thence with the Northern Line of the said Land, S 78' 04' 37" E - crossing the said Lane - 663.52 ft. to an iron pin (found) in the Western Boundary Line of Interstate Route 81; thence with the said Line - with the Arc Line 469.28 ft. - (Chord N 220 21' 47" E - 469.26 ft. - R. 14,444.73 ft. - to an iron pin (found) corner to Lot l; thence with the Southern Line of the said Land, N 780 04' 37" W - crossing Rainbow Lane - 748.55 ft. to the beginning. ALSO SHOWN ON THE PLAT IS THE SAID RAINBOW LANE. Containing Surveyed 7.466 Acres 14 June 1995 Li 1! Gp LEE A. EBERT aiKTIFX;ATE No. �10 4 �� 3p0 14p• 2p0 \00 0 FRUIT HILL ORCHARD, INC, D. B. 373 - P. 496 I 5 119 55' 23" W-1420.87* o -IRON PIN (FOUND) NOTE: THIS LOT CONTAINS LAND THAT LIES WITHIN THE BOUNDARIES OF THE 100-YEAR FLOOD PLAIN (ZONE A). THE BOUNDARY LINE WAS DETERMINED BY SCALE ONLY FROM FLOOD INSURANCE MAP INFORMATION. RAINBOW LANE I 6O' PRIVATE ACCESS EASEMENT_ 1 I DRAINFIELD 1 � \ i AREA - J v Z \ Z O O N ,N NO �A po \ � ° 6 i6 wER co 4 Raw a A) 366 to \ W rq LOT 3to O \(DD G. 091 ACRES ui U /3: to tv ZONE ' ZONE C ZD / z CHORD N 20 /R ' 14.444.730, 0 35• 17" E _ 425.73' ,aRC ��25. 74 IN TERS 7-ATE ROUTE 81 THIS IS TO CERTIFY THAT ON JUNE 14,1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. PT. BEG. 0- o� r The accompanying Plat represents a Survey of LOT 3 - WHITE HALL BUSINESS PARK - the Amended Deed of Dedication dated 24 September 1990 is a Matter of Record in Deed Book 750 Page 1810. The said Land lies South of Rest Church Road - Virginia Route 669 and West of Interstate Route 81, in Stonewall District, Frederick County, Virignia: Beginning at an iron pin (found) in the Eastern Line of the Fruit Hill Orchard, Inc. Land, a corner to Lot 2, running with the said Eastern Line - Also the Western Line of Rainbow Lane - 60.0 Ft. Private Access Easement - S I I ° 55' 23" W - 420.87 ft. - to an iron pin (found) corner to Lot 4; thence with the Northern Line of the said Land, S 78' 04' 37" E - crossing the said Lane - 599.38 ft. to an iron pin (found) in the Western Boundary Line of Interstate Route 81; thence with the said Line - with the Arc Line 425.74 ft. - Chord N 20' 35' 17" E - 425.73 ft. - R. 14,444.73 ft. - to an iron pin (found) corner to Lot 2; thence with the Southern Line of the said Land, N 78' 04' 37" W - crossing Rainbow Lane - 663.52 ft. to the beginning. ALSO SHOWN ON THE PLAT IS THE SAID RAINBOW LANE. Containing: 6.091 Acres Surveyed: 14 June 1995 1 -11- .. p,Li it O* G LEE A. EB17 �RT U OCrrIFICATE No. *3 „,r F� . A rr'D ya4