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Home My WebLink About11-97 Federal Sign Co (For Flying J) - Stonewall - Backfile (2)Variance Request Tracking Sheet: Board of Zoning Appeals Date: 7 ,24- 9 7 File opened ✓ Reference Manual updated/number assigned ✓ D-base updated V �7-25 12 color location maps requested from GIS V 7-25 Two sets of labels requested from Data Processing V(?Zs File given to Renee' to update bi-monthly report AJA--- MEETING DATE: Iq-q7 FINAL ACTION: " [T CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file ✓ File stamped "approved"/"denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to bi-monthly report KAWP\CMN\C1G CR\TRACKINGBZA Date Received From Address iQ� y For • • AMT, OF ACCOUNT r' CASH IL AMT. PAID CHECK BALANCE MONEY DUE ORDER By Dollars $ • � FILE COPY I August 20, 1997 Federal Sign Company Attn: Pat Bucek 3015 Avenue E East Arlington, TX 76011 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: VARIANCE #011-97 OF CFJ PROPERTIES (FLYING J) Dear Pat: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 19, 1997. Your Variance Application, #011-97, for a 26' sign height variance = to a height of 736' above sea level for a business sign within the Interstate Area Overlay District, has been approved by the Board of Zoning Appeals. If you have any questions regarding this action, please feel free to call this office. Sincerely, Michael T. Ruddy Planner II MTR/cc cc: Mr. Marty Phipps, Flying J 107 North Kent Street - Winchester, Virginia 2260 1 -5000 • C) July 21, 1997 FLYING J INC. 50 WEST 990 SOUTH P.O. BOX 678 BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 FAX (801) 734-6556 County of Frederick Department of Planning and Development , Attn: Mike Ruddy 107 North Kent Street Winchester, VA 22601-5000 Dear Mr. Ruddy, Please accept this letter as our request to withdraw from consideration our previous appeal numbers 00697 and 00797. We will not be requesting these variances. Thank you for your time and consideration in this matter. Sincerely, Marty Phipps Purchasing Mngr. - Flying J, Inc. C ,, Ve • • BZA REVIEW DATE: 8/19/97 VARIANCE #011-97 FEDERAL SIGN CO. (For Flying J Travel Plaza) LOCATION: The property is located at 1630 Rest Church Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-9-1 PROPERTY ZONING & USE: Zoned B3 (Industrial Transition) District and IA (Interstate Area Overlay) District; Land use - Travel Plaza (Under development) ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Agricultural, interstate highway, and vacant VARIANCE: 26' sign height variance = to a height of 736' above sea level REASON FOR VARIANCE: Height increase is sought to allow sign to be seen by southbound traffic. Existing trees block visibility of the sign at 710' above sea level. See attached letter. STAFF COMMENTS: This Variance application is different from application #007-97 submitted, and subsequently withdrawn by Flying J, in that the applicant is requesting an increased height variance from this previous application and they are no longer seeking a square footage variance. As you are aware, the property being developed is located at the exit 323 interchange area. The maximum business sign height at this exit is 710 feet above mean sea level. The applicant is requesting a 26' variance from this height requirement which would place the height of this sign at 736 feet above mean sea level. Based upon information contained within the site plan for this project, the sign is located at a point where the base of the sign would be 669' above sea level. Based upon the 710' limit, this location would allow a sign with a maximum height above grade of 41'. With the requested 26' variance, the maximum height above grade for the sign would be 67'. • • Federal Signs (Flying J) - Variance #011-97 Page 2 August 11, 1997 The applicant recently flagged the sign at the proposed location to determine its visibility to traffic on Interstate 81. Photographs from this flagging were taken by the applicant. These photographs have been forwarded to staff and will be available to the Board at their meeting. Staff was also present at this flagging. The applicant has stated that the height of the sign at the flagging, and in the pictures, is sixty-seven (67) feet in height. If this is correct, then the Board will clearly see how a sign erected at the approved variance height will look to traffic traveling in a southbound direction on I-81 and to traffic on Route 669. Visibility to traffic traveling northbound on I-81 is not an issue. However, a sign erected at the proposed height would result in increased visibility to this traffic. Staff would concur with the applicant in that visibility of the sign to traffic traveling in a southbound direction is compromised by the natural topography of the land to the north of the site and by the existing trees located in the VDOT right-of-way (even at the height requested). This natural topography, in addition to the curvature of I-81, shield the Flying J site from the view of the traveling public until a point approximately one- half mile north of the site where you cross over the state line into Virginia. From this point, the existing trees shield the proposed location of the sign. The Board may wish to compare an existing sign when considering this variance request. Also located at the exit 323 intersection is an Exxon sign. This sign is 60' in height. When considering its height relative to mean sea level, the sign is 706 feet above mean sea level which is 4' below the established ceiling of 710'. This sign is located on the eastern side of I-81 and is, therefore, visible earlier than a sign located west of I-81. The visibility of this sign is not compromised by natural features. The Code of Virginia, Section 15.1-495(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. Staff is of the opinion that a variance at the height requested would alleviate a hardship created by existing topographical conditions to the north of the property. Furthermore, the hardship created by the topographical conditions is not shared generally by other properties in the vicinity. This variance request may be appropriate. O:\AGENDAS\BZA\COMMENTS\FED SIGN.BZA i 1° s ,�. low — MI • �'. •ems � 0 to I -, -'- --. I page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Federal Sinn f.n_ NAME: Flying J Travel Plaza ADDRESS 3015 Avn F fast ADDRESS: 1530 Rest Church Rd. Arlington, TX 76011 TELEPHONE: (817)640-7511 TELEPHONE: not yet listed 3. The property is located at (give exact directions and include State Route numbers): 4. �' • 1' 1 •1 • 1 . •1�! i . • • -i The property has a road frontage of 7 8 7. 3 7 feet a d' a dit Of 1588.45 feet and consists of 25.0027 acres. (p� exact) 5. The property is owned by CFJ Properties as evidenced by deed from recorded (previous owner) in deed book no. 867 on page 670-674 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 %C3z z 6. Magisterial District: Stonewall lti� rn z d 7. 14-Digit Property Identification No.: 33-9-1 Lil o W, 8. The existing zoning of the property is: B-3 l W a 9. The existing use of the property is: �6�8�1Ty�✓ 10. Adjoining Property: USE ZONING North Agr;rulture RA East Tnt'PYRt.at.P Hwv South Undeveloped B3 West Agriculture RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") _An increase of 26' height to a height of 736' above sea level 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Height increase is sought to allow sign to be seen by southbound traffic. Existing trees block visibility of the sign at 710' above sea level. 13. Additional comments, if any • C�1 Page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14- digit property identification number) NAME 01 a Page 5 of 5 AGREEMENT VARIANCE #� I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICAN DATE ;715� SIGNATURE OF OWNER �lc� `% DATES (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: DATE - APPROVAL DENIAL SIGNED: -9ZA CHAIRMAN DATE: FL YING J INC. 50 WEST 990 SOUTH P.O. BOX 678 BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 FAX (801) 734-6556 July 31, 1997 Via Federal Express Mr. Mike Ruddy Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: Flying J Travel Plaza at Winchester, Virginia- Signage "Addendum 1 to Question 12" Dear Mr. Ruddy: Please find enclosed herewith the following pictures for the proposed signage at the Flying J Travel Plaza in Winchester, Virginia. As noted on the pictures, the sign location in the northeast corner of the property was recently flagged for visibility. A sign face of roughly 500 square feet was used for flagging and viewing the proposed sign height. After raising the sign face to approximately 41 feet in overall height, it was determined that the sign was not visible to south bound traffic on Interstate Highway 81. The reason that this height was not sufficient was do to a group of trees between the south bound lanes of Interstate 81 and the exit ramp. These trees block the view of the sign at this height until you reach an unsafe distance to make the decision to the exit the highway. This is obviously a hazard to the safety of the passing traffic. Depending on the angle of the approach, a portion of the trees in the orchard north of the Flying J's site also hides the view of the sign face. The sign face was then raised to a maximum height of 67 feet above grade. After viewing the sign face from both north and south bound lanes of traffic, it was determined that this height would be sufficient to allow the identification portion of the sign and possibly a portion of the gas price sign to be visible. The lower height was simply not visible to south bound traffic. The sign requested is smaller than the 500 square foot face used in the flagging. The top identification portion of the sign to be used signs is only 293.28 square feet. The lower sign showing the gas pricing is only 205.63 square feet. Thus, making a total square footage of 498.91 square feet. This square footage fits within the 500 square feet maximum allowance. The fact that there are now two portions to reach this square Letter - Mike Ruddy July 31, 1997 Page 2 footage means that they are a lot smaller in both horizontal and vertical dimensions than the face used in the flagging thus making visibility even more difficult. For these reasons, Flying J feels that a true hardship is caused by not having the sign at least 67 square feet in height. If you should have any questions regarding this issue, please do not hesitate to contact at me at the letterhead address. With best regards, FLYING J INC. Marty Phpps, C.P.M. Purchasing Manager Enclosures MP:kw ruddyl.mp • FLYING J TRAVEL PLAZA SIGN PROGRAM (GAS SIGNI 27-r (MAIN I.D.) 18'4" PANAFLEX FLEXIBLE FACE FOR MAJOR IDENTIFICATION SECTION (ILLUM. WITH INTERNAL HORIZONTAL ILLUMINATION.) WHITE BKGO. WITH BLACK COPY AND COLOR GRAPHICS WHITE FABRIC FACE MATERIAL YELLOW-VT6805 SUNFLOWER ORANGE-VT5804 ORANGE RED- VT4757 RED VINYL SHEET METAL FABRICATED FILLER AND RETAINER TO HAVE SATIN BLACK FINISH SKYLINE PRODUCTS PRICE DISPLAY SYSTEM WI SO' CHARACTERS 3 REMOTE CONTROLLED PRICE MODULES PAINT SUPPORTS SATIN BLACK F ENGINEERING NOTE FOUNDATION REQUIREMENTS SHOWN ARE TYPICAL AND MAY REQUIRE ENGINEERING FOR TH SOIL CONDITIONS AND CODE RESTRICTIONS FOR THE SPECIFIC GEOGRAPIC AREA IN WHICH SIGN SHALL INSTALL SIGN TYPE B DOUBLE -FACE, INTERNALLY ILLUMINATED HIGH RISE SIGN WITH GAS SIGN iv S A� HI -RISE IV 8'-8' Flying J Travel Plaza Location: WINCHESTER, VA. ro FEDERAL SIGN ` COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 P I irificArI ANI Or PUBLIC VIMARING August 5, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: CONTINUANCE OF VARIANCE APPLICATION #006-97 AND APPEAL APPLICATION #007-97 OF CFJ PROPERTIES (FLYING J); AND VARIANCE #011-97 OF FEDERAL SIGN COMPANY (FOR CFJ PROPERTIES/FLYING J) On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 19, 1997 at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the following applications: Appeal Application #006-97 of CFJ Properties (Flying J) to appeal the determination made by the Director of Planning and Development in the administration of the Zoning Ordinance regarding commercial business signs within the IA (Interstate Area) Overlay District: Applicant has requested withdrawal of this application. Variance Application #007-97 of CFJ Properties (Flying J) for a 20' sign height variance, and a 198.95-square-foot sign size variance for a business sign within the Interstate Area Overlay District. The property is located at 1530 Rest Church Road and is zoned B3 (Industrial Transition) District and IA (Interstate Area Overlay) District. The site is identified with Property Identification Number 33-9-1 in the Stonewall Magisterial District. Applicant has requested withdrawal of this application. Variance #011-97 of Federal Sign Company (for CFJ Properties/Flying J) for a 26' sign height variance for a business sign within the Interstate Area Overlay District. The property is located at 1530 Rest Church Road and is zoned B3 (Industrial Transition) District and IA (Interstate Area Overlay) District. The site is identified with Property Identification Number 33-9-1 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Michael T. Ruddy Planner II MTR/cc 107 North Kent Street • Winchester, Yirginia 22601-5000 • 0 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick unty, Virginia: 33 -9- - 1- CFJ PROPERTIES 50 WEST 990 SOUTHREET BRIGHAM CITY, UT 84302 23 - A- - 17- INTERSTATE ORCHARD, INC. P 0 BOX 2368 WINCHESTER,VA 22604 33 - A- - 90- FRUIT HILL ORCHARD, INC. P 0 BOX 2368 WINCHESTER,VA 22604 STATE OF VIRGINIA COUNTY OF FREDERICK 33 -9. 4- RAINBOW GROUP, THE 720 S BRADDOCK STREET WINCHESTER,VA 22601 o Michael T. Ruddy Tanner II Frederick County Planning Department I, =n mn 1—i 6— l 1 , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated q , has personally appeared before me and acknowledged the same in my Sta e and County aforesaid. Given under my hand this G� day of IAGUS+ My commission expires on F�hn jrgnj c�q . 19 q q NOTARY PUBLIC Page 4 of 5 0 0 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Adjoining Property YOUR PROPERTY Adpoining Property v r Add,- tron $ o. Property line i ----------------------=Center of Rood------ - Road OW THESE MEASUREMENTS JUL-22-1997 15:21 Real\PenO3y, Deed JRL.Jr.:mnm 10219 B 801 734 65e0 P.02i09 0, BX867FG06 f 4 THIS DEED made and dated this day of October, 1996, by and between PEN -DAY ENTERPRISES, INC., a Virginia corporation, of the one part, hereinafter called the Grantor; and, CFJ PROPERTIES, a Utah partnership, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby.acknowledged, the Grantor does hereby grant and convey with general warranty and English covenants of title, unto the Grantee, in fee simple, to be held as specific partnership property, pursuant to the provisions of Chapter 1, Title 50 of the Code of Virginia (1950), as amended, all those certain lots or parcels of land, situate in Stonewall Magisterial District, Frederick County, Virginia, designated as follows: PARCEL 1: .35 acre as shown on plat of survey of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 474, at Page 183, and designated as "Verona Whitlock 0.34 acre" on the aforesaid plat; PARCEL 2: .39 acre as shown on plat of survey of record in said Clerk's Office in Deed Book 474, at Page 183, and designated "Carrie V. Wyker 0.39 Acre" on aforesaid plat; PARCEL 3: .39 acre as shown on plat of survey of record in Deed Book 474, at Page 183, and designated as "Margaret E. Armbrecht 0.39 Acre" on aforesaid plat; 17,241 SQUARE FEET: Lot A, containing 17,250 square feet; and being the same property described in Deed Book 651, at Page 293, in which instrument said property wags conveyed to the Grantor herein by Robert A. Owens and Brenda S. Owens, his wife. 1 11 JUG 22 '97 16:23 e01 734 65e0 PPOE.02 JUL-22-1997 15:22 e01 734 65e0 P.03i09 U I H867r°C06 75 PARCELS 1, 2 AND 3 are the same properties conveyed to Pen -Day Enterprises, Inc., a Virginia Corporation, from Jack A. Dennison and Evelyn Dennison, husband and wife, in Deed dated February 25, 1983, and recorded March 4, 1983, of record in the aforesaid Clerk's Office in Deed Book 556, at Page 825. SAID PROPERTIES are further described by metes and bounds description prepared by Bowers & Associates, P.C., attached hereto and as a part hereof as Exhibit "A". This conveyance is made subject, however, to all rights, rights of way, restrictions and easements of record, affecting the aforesaid property. WITNESS the following signatures and seals: PEN -DAY ENTERPRISES, a Virginia Corporation BY:(2a. - , " (SEAL) ames Connelly President STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this_ day of October, 1996, by James Connelly, President of Pen -Day Enterprises, a Virginia Corporation. My commission expires (at�k si, NoPa r'y Public 2 .1 JUL 22 '97 16:23 e01 734 65e0 PAGE.03 JUL-22-1937 15:22 801 734 6580 P.04i09 89867PG0676 ---------------------------------------------------------------------------------------- SEP-30-96 MON 11:06 P.05/10 EXHIBIT "All All those certain 3.ot9 or pa rcela of land, situate in Stonewall --- - Magisterial District,, nredcrick County, Virginia, designated as follows: PARCEL It .35 acre as shown on plat o.f survey of record in Deed Book 474, at Page 1.83, and designated act ^Verona Whitlock 0.35 acre' on tha aforeaaid plat; PARCEL Zt ,39 acre as Shown on pl$t of survey of record in Deed Book 474, at Paso 183, and deulua.ated "earria V_ Wyker p.39 Acre4 On aforesaid plat] PARCEL 3; .39 acre as Shown oA plat of Burvey Of record in Dead Book 474, at Page 193 and designated as "Margaret B. Armbrecht -� 0.19 Acre* on aforesaid plat; 17,241 SQu"E FEET; Lot A, containing 17,250 square feet; AND BEING the same Property described in Deed Book 65i, at Page 293. AND BEING the same yzoPerty caayeyed to Pan Dray ITnt"prioes, Inc., a Virginia OprporaLjop, from Jack A- Dennison a.ad Evelyn Dezlnio4n, husband and wife, in Deed dated February 25, 1503 and � recorded March 4, 1903 of record in the afvreutAid Cleric, n office in nood Rank 556, At PA99 $25. SAID PPOPERT129 arq fttrthPr d.rscrib4d by metes and bounds description prepared by Bower. & Associates, P.C., attacri®a hareto and made a part hereof, 0 JUL 22 '97 16:23 801 734 65eo PPOE.04 JUL-22-1997 15:22 �---a------- SEP-30-98 MON 11:07 • 801 734 6580 P.05i09 P. 06/10 6�{€301PG0611 Bowers & Associates PC Consulting Engineers, Land Surveyors and Landscape .archirects SUL Y 14. 1996 PERIMETER METES -0-D BOUNDS DESCRIPTION OF THE PROPERTY OF PEN DAY ENTERPRISES, INC. CONTAINING ALL OF T_A.X ASSESSMENT M.-+►P PARCEL NOS. 33A-((A))-7 THROUGH 10 STONEWALL MACISTERL&L DISTRICT FREDERICK COUNTY, VIRGINIA BEING ALL OF THE LAND (AS NOW SURVEYED) DESCRIBED IN DEED BOOK (D.E.) 651. PAGE (PG.) 293 AND D.B. 556, PG. S25. SAID LAND BEING BOUNDED ON THE EAST BY VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) LIMITED ACCESS RIGHT OF WAY FOR INTERSTATE 81, PLAT BOOK 3, PG. 48; ON THE SOUTH BY LOT 1. WHITE HALL BUSINF—SS PARK SUBDIVISION, RECORDED IN D.B. 747, PG. 1052 (AMENDED IN D.B. 750, PG. 1810); ON THE WEST BY TAX MAP PARCEL 33A-((A))-6, THE RAINBOW GROUP, AS RECORDED IN D.B. 840, PG. 221— AND ON THE NORTH BY VDOT RIGHT OF WAY FOR STATE ROUTE 669 (REST CHURCH ROAD), PLAT BOOK 3, PG. 1, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BEGriNL G AT A VDOT NION'UME:vT (MARKED VDH) FOUND AT THE TRUNCATED RIGHT OF WAY INTERSECTION OF STATE ROUTE 669 AND INTERSTATE ROUTE 81, SAID MONUMENT BEING AT THE NORTHERLY, NORTHEAST CORNER OF THE FI�RFIN DESCRIBED PERIMETER OF THE SUBJECT PROPERTY; THENCE S 210 48' 35" E, 93.92' TO A VDOT MONUMENT FOUND; THENCE S 10" 40' 26" W, 150.73' TO AN IRON PIPE SET; THENCE N 79" 14' 47" W. 299.83' 'TO AN IRON PIPE FOUNT); THENCE N 100 45' 43" E. 229.88' TO AN IRON PIPE FOUND-, THENCE S 790 14' 47" E. 249.07' TO THE POTNT OF BEGINNING, CONTAINING 66,892 SQUARE FEET OR 1.5356 ACRES OF LAND, MORE OR LESS_ ALL IN ACCORDANCE WITH AN ALTA/ACSM LAND TITLE SURVEY PREPARED BY BOWERS & ASSOCIATES, P.C., DATED OCTOBER 13, 1995 AND RECERTIFIED JULY 14, 1996, REl EERENCE B&A FILE NO. C-771, Sur-ey%950907.401 PO Box 955 Leesburg VA 20179 104-1 Church Street SE Lccsburg VA 20175 -AI .,-- AR/— . , --- .-- 1A' -Imo.-, '..nf% r-._. JUL 22 '97 16:24 801 734 6580 PAGE.05 jL_�-22-1997 15:23 _ ea1 734 6se0 P.06i09 DEED 10 THIS DEED, made this day of October, 1996, by and between THE RAINBOW GROUP, a Virginia general partnership, GRANTOR, and CFJ PROPERTIES, a Utah partnership, GRANTEE, whose address is 50 West 990 South, Brigham City, Utah 84302. THAT FOR AND IN CONSIDERATION of the sum of TES,' DOLLARS ($10.00) cash in hand paid by the Grantee to the Grantor, and other good and valuable consideration, the receipt r� whereof is hereby acknowledged the Grantor does hereby bargain, sell, grant and convey, with General Warranty and English Covenants of Title unto the Grantee, all of that certain, lot or parcel of land lying and being in the county of Frederick, Virginia and more particularly described as follows, to -wit: All those certain lots or parcels of land, situate in Stonewall Magisterial District, Frederick County, Virginia, designated as follows: PARCEL 1: Lots 1, 2 and 3 of White Hall Business Park, as same are shown on plat of survey of record in Deed Book 747, at Page 1052, amended in Deed Book 750, at Page 1810, AND BEING a portion of the same property conveyed to the Rainbow Group, a Virginia Partnership, from Manuel C. DeHaven and Pearl A. DeHaven, husband and wife, in Deed dated July 8, 1989 and recorded July 31, 1989 in Deed Book 720, at Page 936; PARCEL 2: Lots E and F; AND BEING the same property conveyed to The Rainbow Group, a Virginia Partnership, from BDK, Ltd., a Virginia L.P. by deed dated July 17, 1995 and recorded in Deed Book 842, at Page 127; PARCEL 3: Lot D, as same is shown on plat of survey of record in Deed Book 279, at Page 156; AND BEING a portion of the same property conveyed to the Rainbow Group, a Virginia Partnership, from Manuel C. DelTaven and Pearl A_ DeHaven husband and wife, in Deed dated July 28, 1989 and recorded Jvly 31, 1989 in Deed Book 720, at Page 936; PARCEL 4: Lot C, containing 18.750 square feet; AND BEING a portion of the JUL 22 '97 16:24 G01 734 65e0 PPGE.06 JUL-22-1997 15:23 cal 734 65ee P.o?i09 same property conveyed to the Rainbow Group, a Virginia Partnership, from Ronald Simkhovitch, homme sole, in Deed dated November 7, 1989 and recorded December 4, 1989 in Deed Book 732, at Page 870; PARCEL 5: Lot B, containing 18,750 square feet; AND BEING the same property conveyed to the Rainbow Group, a Virginia Partnership, from Robert L. Swartz and Brenda M. Swartz, husband and wife, in Deed dated June 13, 1995 and recorded June 13, 1995 in Deed Book 840, at Page 22. ALL PARCELS: FURTHER BEING a portion of the property conveyed to The Rainbow Group, a Virginia Partnership, by Quitclaim Deed dated May 8, 1996, from Manuel C. DeHaven and Pearl A. DeHaven, his wife, recorded in Deed Book 858, at Page 196. SAID PROPERTIES are further described by metes and bounds description prepared by Bowers & Associates, P.C., attached hereto and made a part hereof. AND BEING all of the land (as now surveyed) described in Deed Book (D.B.) 842, Page (Pg.) 127, D.B. 732, Pg. 970, D.B. 840, Pg. 22 and part of the land described in D.B. 720, Pg. 936, and D.B. 858, Pg. 196. Said land being bounded on the northeasterly corner by Virginia Department of Transportation (VDOT) right of way for State Route 669, Plat Book 3, Pg. 1; and Tax Map Parcels 33A- ((A))-7 through 10, Pen Day Enterprises, Inc., D.B. 651, Pg. 293 and D.B. 556, Pg. 825; on the east by VDOT limited access right of way for Interstate Route 81, Plat Book 3, Pg. 48; on the south by Lot 4 of White Hall Business Park, D.B. 747, Pg. 1052 and D.B. 750, Pg. 1810; on the west by property now or formerly of Fruit Hill Orchard, Inc., D.B. 373, Pg. 496; on the northwesterly corner by tax map Parcel 33a_((A))-2, property now or formerly of William M Young, et ux, D.B. 311, Pg. 212, and the remainder of the aforereferenced Quitclaim Parcel, D.B. 858, Pg. 196; and on the north by property now or formerly of Inter -State Orchards, Inc., D.B. 202, Pg. 82, D.B. 202, Pg. 131 and by the aforesaid VDOT right of way for State Route 669, all among the land records of Frederick County, Virginia. Beginning at a P.K. nail set in the centerline of pavement of the aforementioned State Route 669-Rest Church Road; Thence running with said centerline S 79° 08' 24" E., 375.00' to a P.K nail set, Thence running said centerline, S 10' 45' 13" W., 270.22' to a P.K nail set, Thence S 79° 14' 47" E., 299.83' to an iron pipe set. Thence S 79' 14' 47" E, 299.83' to an iron pipe set. 2 JUL 22 '9? 16:24 801 734 65eo PAGE.07 JUL-22-1997 15:23 Eat 734 658o P.o8i09 6Yc57J0OS72 Thence S 11' 12' 48" W, 450.37' to an iron rod found. Thence 895.02' along the arc of a curve deflecting to the left having a radius of 14.444.73' and a chord bearing S 21' 31' 07" W, 984.88' to a point (passing over an iron rod found along said arc at 894.77'). Thence N 78° 04' 37" W, 599.38' to an iron rod found, Thence N 11' 55' 23" E, 1317.54' to an iron rod found, Thence S 79° 14' 47" E, 68.30' to a cut "X" in stone. Thence N 10' 45' 13" E, 270.91' to the point of beginning, containing 1,022,224 square feet or 23.4670 acres of land, more or less, all in accordance with an ALTAJACSM land title survey prepared by Bowers & Associates, P.C. of Leesburg, Virginia, dated October 13, 1995, recertified July 14, 1996 and revised September 10, 1996, reference B&A file no. C-771. The undersigned Grantors acknowledge that they are the owners of adjoining lots and hereby release any rights into the use of a dirt road shown on a survey dated October 13, 1995 prepared by Bowers & Associates, running through the property herein conveyed. This conveyance is made subject, however, to all easements, conditions, restrictions and reservations of record which affect said property. IMIM IIu:I�h.�li'�;Zi7 Henry C. ttner, Jr. General Pdftne and Ronald S. Simkhovitch General Partner 3 JUL 22 '97 16:25 Ec_ ?34 65E2 PPOE.2e r JUL-22-1997 15:24 • • 801 734 6580 P.09i09 COMMONWEALTH OF VIRGINIA AT LARGE City of Winchester, to -wit: The foregoing instrument was acknowledges Henry C. Buettner, Jr. My commission expires 12-31-99. COMMONWEALTH OF VIRGINIA AT LARGE oil 7PGOb 13 before me this 3rd day of October; '1996' by`' J F'y Notary Public 1 1 .` i City of Winchester, to -wit: The foregoing instrument was acknowledged before me this 3rd day of Octo�_e� 199�6'by, • Ronald S. Simkhovitch. Notary ublic` l o My commission expires 12-31-99. VIRGNIA: FREDEalCK COUNTY, SCT: Th'tL 3 Intl.-urnent of rhing was QQpr��odu--ed to mo on find w 3yo1 ,at �� ith Certificate Of ackrowladg.nert thereto annexed we dmi� Cf :0 rocOrd. Tax mpoead by Sec. 53.1-802 of - a and 58.1.801 h'eVe been Patd, if assessable.. Clsrk 4 JUL 22 '97 16:25 TOTAL P.09 901 734 6580 PAGE.09 I'LYIy(. .) T12AVft- PLAZA C Ir.+CHfS"rfre VA.) -4 I, i0f? cRrrre'n 80 `` f L pFslr-u Sorro2T s�frn- @ g�sE _,ro►J hpEn�') ,o� 0 M 1.0 30 6e00 2016 I,d 3o 01(k) lb z to too ® 90 o.� 2'- 1400 (s 100 0,1 2 I I SOO 10 b USF 7_4?(orr}� i�37S STp,uAL'-) QrPE5 for BArrS-FFL PrelIGO Zr� s�n�.f 5tf F U Uj 2�3 I,o '- 206 1.0 (� Po 446jOC , (IZ�r9 ZZ) 9-)600 r USE 2— 20 37 ITO, c1pLr.) PrP65 f,l Znv STA6< S7cEC. h�S�G� -roP S•T� F L U 2�s G iti fb USE 2— IOrr� C, 50sTo, t.��I�) P, 6e, TbP S-rFEL. d Al ( 1 4 3 2q 1 4 z,34P 5.6 Z,31( 1800 (4.' w 3. ?- `1 I f 18oao % 9.0m41 i i r N_ goo 000 , . �`'- ►s3000 � � 48 USF_ Core-pr-tr Fob'rW(-,S 4$"/' 1 pFFP I¢ Dr_-EP LJ FLYING J TRAVEL PLAZA SIGN PROGRAM V(pe (W SIGNI 7?-C (M�FADE LAYOUT OPPOSITE SIDE PANAFLEX FLEXIBLE FACE FOR MAJOR IDENTIFICATION SECTION (ILLUM. WITH INTERNAL HORIZONTAL ILLUMINATION.) WHITE BKGD. WITH BLACK COPY AND COLOR GRAPHICS WHITE FABRIC FACE MATERIAL YELLOW-VT5605 SUNFLOWER ORANGE-VT5604 ORANGE RED- VT4757 RED VINYL SHEET METAL FABRICATED FILLER AND RETAINER TO HAVE SATIN BLACK FINISH SKYLINE PRODUCTS PRICE DISPLAY SYSTEM W! W CHARACTERS & REMOTE CONTROLLED PRICE MODULES PAINT SUPPORTS SATIN BLACK ENGINEERING NOTE FOUNDATION REQUIREMENTS SHOWN ARE TYPICAL AND MAY REQUIRE ENGINEERING FOR TH SOIL CONDITIONS AND CODE RESTRICTIONS FOR THE SPECIFIC GEOGRAPIC AREA IN ._._ .............._WHICH SIGN SHALL INSTALL ............................................................................ SIGN TYPE B DOUBLE -FACE, INTERNALLY ILLUMINATED HIGH RISE SIGN WITH GAS SIGN �-9 H1•RISE 78' 671-6' 14' CTR ALL DESIONS USING THE J@ 'FLYING J' LOODTYPE REQUIRE THE REGISTERED TRADE PARK IN&ONIA AFTER TNE'J' Flying J Travel Plaza ro Location: WINCHESTER, VA. FEDERAL FpOmEI y cmparE�an x. EDER& � SIGN 11 FLYING J TRAVEL PLAZA SIGN PROGRAM TM"1 FACE LAYOUT OPPOSITE SIDE PANAFLEX FLEXIBLE FACE FOR MAJOR IDENTIFICATION SECTION (ILLUM. WITH INTERNAL HORIZONTAL ILLUMINATION.) WHITE BKGD. WITH BLACK COPY AND COLOR GRAPHICS WHITE FABRIC FACE MATERIAL YELLOW-VT5605 SUNFLOWER ORANGE-VT5004 ORANGE RED- VT4757 RED VINYL SHEET METAL FABRICATED FILLER AND RETAINER TO HAVE SATIN BLACK FINISH SKYLINE PRODUCTS PRICE DISPLAY SYSTEM W1 BO' CHARACTERS d REMOTE CONTROLLED PRICE MODULES PAINT SUPPORTS SATIN BLACK ENGINEERING ; NOTE I FOUNDATION REQUIREMENTS SHOWN i ARE TYPICAL AND MAY REQUIRE ENGINEERING I FOR TH SOIL CONDITIONS AND I CODE RESTRICTIONS FOR THE € SPECIFIC GEOGRAPIC AREA IN £ �.... WHICH SIGN SHALL INSTALL ................ _...._................................................................ SIGN TYPE B DOUBLE -FACE, INTERNALLY ILLUMINATED HIGH RISE SIGN WITH GAS SIGN (CAS SIGN) 27-r (MAIN 1 D.) 18'4' 'USE 3000 PSI CONCRETE IN I UNDISTURBED SOIL I I( i� 1w Cm • ALL DESIGNS LLlING TW "NO J- LOGOTYPE REMME T11E REGwT ERED TRADE YARN N lIGNU1 ALTER TM! -J' 8T-8' Flying J Travel Plaza Location: WINCHESTER, VA. u w .W FEDERAL SIGN ,�4...x..cbS.....•,c.:.'vcrci,......, �.. ,»�c„wce.s.ufkx '.,.C,..... pMNM Fes— Sg- Cwpu • FLYING J TRAVEL PLAZA SIGN PROGRAM FACE LAYOUT OPPOSITE SIOE PANAFLEX FLEXIBLE FACE FOR MAJOR IDENTIFICATION SECTION (ILLUM. WITH INTERNAL HORIZONTAL ILLUMINATION.) WHITE BKOD. WITH BLACK COPY AND COLOR GRAPHICS WHITE FABRIC FACE MATERIAL YELLOW-VT5605 SUNFLOWER ORANGE-VT5604 ORANGE RED- VT4757 RED VINYL SHEET METAL FABRICATED FILLER AND RETAINER TO HAVE SATIN BLACK FINISH SKYLINE PRODUCTS PRICE DISPLAY SYSTEM WI ST CHARACTERS & REMOTE CONTROLLED PRICE MODULES PAINT SUPPORTS SATIN BLACK i ENGINEERING NOTE I FOUNDATION REQUIREMENTS SHOWN I ARE TYPICAL AND MAY REQUIRE ENGINEERING s FOR TH SOIL CONDITIONS AND CODE RESTRICTIONS FOR THE SPECIFIC GEOGRAPIC AREA IN WHICH SIGN SWLLL INSTALL t .......... _.... ..._...... .......................................... .... ................ _............._ SIGN TYPE B DOUBLE -FACE, INTERNALLY ILLUMINATED HIGH RISE SIGN WITH GAS SIGN Iw SKIN) V4r (MAIN 1.0) JVC I 'USE 3000 PSI I I CONCRETE IN UNDISTURBED SOIL 74' CTR. I • ALL O 3101,9 UIIIRO T xnwY: LDOQTYPE REGUI TIE REBtiTEREO TRADE YAM J& ssgpu ALTER TIE -J' Flying J Travel Plaza Location: WINCHESTER, VA. t M� FEDERAL SIGN Fw_ s" C_p� FEDERAL r1r SIGN Division Federal Signal Corporation July 22, 1997 Mike Ruddy Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Dear Mike, �I`v5lV <-� .0 C9 U� I am enclosing for your review the materials required for seeking a variance for the sign height requested for the main identification at the new Flying J Travel Plaza. Please review this information and advise me if there is anything that may have overlooked. I also ask that your department advise me as soon as possible as to the date, time, and place of the variance meeting so that I can get the best possible air fare. Thank you for your assistance in this matter. I look forward to hearing from you as soon as possible. 41(� �e��e Pat Bucek cc: Marty Phipps c-� 3015 AVENUE "E" EAST • ARLINGTON, TEXAS 76011 • PHONE (817) 640-7511 • FAX (817) 649-0591 fA Fly--� T sighot L - 8/ o f EN`,� /713 Carl sl,. A I F/y,i^ r "5.fn v^ �'s/ x� C-,Yi4 /75 Carlisle, 'FA