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HomeMy WebLinkAbout12-87 Westview Business Center (Formerly Airport Corporate Ctr) - Backfile (2)r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Lawrence R. Ambrogi, County Attorney FROM: Eric Lawrence, Deputy Director/lA—/ RE: O'Sullivan Property (Westview Business Center) Woodlands Disturbance Determination DATE: November 14, 2001 Staff is seeking a legal opinion regarding the woodlands disturbance allowed on a property that was master planned in 1987. Particularly, the O'Sullivan property, located in the Westview Business Center, gained master plan approval in 1987. This master plan indicated four pad sites on the subject property, and a woodlands area that was modified to accommodate the pad sites. No summation of the existing woodlands, nor disturbed woodlands were provided on the master plan pertaining to the subject site (O'Sullivan). Under the current Zoning Ordinance (2001), 25 percent of the woodlands may be disturbed. Greater amounts of woodland disturbance is possible with Board of Supervisors approval. Staff is seeking a legal opinion as to whether the site is grand fathered based on the 1987 approved master development plan, or if the current Zoning Ordinance requirements pertain to the subject site. A development project on this site is pending your legal opinion. Therefore, I would request a written response to this inquiry. Please contact me with any questions regarding this issue. Thank you. UAEric\Common\Osullivan Parcelmpd 107 North Kent Street - Winchester, Virginia 22601-5000 4F - 1% Cox Planners Civil Engineers Urban Designers Development Consultants David T. Anhold, ASLA THE COX COMPANY 108 Second Street NE Charlottesville, Virginia 22901 (804) 295-7131 COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Engineering & Inspections 9 North Loudoun St., 2nd Floor 703/665-5643 March 22, 1993 Mr. John E. Gast Greenway, Inc. 970 Baker Lane Winchester, Virginia 22603 RE: Westview Business Park - Site Plan Dear Mr. Gast: our review of the revised site plan dated March 18, 1993, revealed that our comments dated March 12, 1993 have been satisfactorily addressed. Consequently, we recommend approval of the subject site plan. If you have any questions, do not hesitate to contact me. Sincerely, Harvey � Strawsnyder, Jr., P.E. Director of Public Works HES:rls cc: file 2 21993 Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 i ' COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 November 24, 1987 George W. Glaize 137 W. Boscawen St. Winchester, Virginia 22601 Dear Mr. Glaize: This letter is to confirm the Frederick County Planning Commission's action at their meeting of November 4, 1987: Approval of Final Master Development Plan #012-87 of Airport Corporate Center, zoned M-1, 110(+) acres. This property is located on the south corner of the Route 728 and Route 50 East intersection, 1 1/2 miles east of Winchester, in the Shawnee'Magisterial District. If you have any questions regarding your master development plan, please do not hesitate to call this office. Sincerely, A Robert W. Watkins Planning Director RWW/dkg 0 ('nnrt GrnarP - P () Tiny , fni - Winchester. Virginia - 22601 4 COMMONWEALTH of VIRQIIti L, DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG. 22824 COMMISSIONER (703) 984-4133 December 13, 1989 Mr. P. Duane Brown, C.L.S. C/O G. W. Clifford & Assoc., Inc. 20 S. Cameron Street P. O. Box 2104 Winchester, VA 22601 Dear Duane: Rg-�f�O DEC 14 � �D WILLIAM H. BUSHMAN RESIDENT ENGNEER Ref: Westview Business Centre O'Sullivan Road Routes 50 & 728 Frederick County This is to acknowledge receipt of your revised plans dated December 8, 1989 to the above referenced location. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specifications applicable during construction of this development. Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require (forty-eight) 48 hours notice for inspections. If mailboxes are to be placed along the roadway fronting lots they shall be installed in accordance with the attached sketch. TRANSPORTATION FOR THE 21 ST CENTURY Mr. P. Duane Brown December 13, 1989 - Page Two - Any entrances -constructed- from the -referenced street -shall meet VDOT minimum standards. This is the developer's responsibility. Any signs to be installed will be in accordance with attachments. I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-A Stone. This will greatly reduce the possibility of any pavement settlement. Should you need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Sr. RBC/rf Attachments xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. F. E. Wymer Mr. R. W. Watkins r. 11 L5�L��v COMMONWEALTH of VIRGI I DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER September 7, 1989 Mr. Charles E. Maddox, Jr. C/O G. W. Clifford & Assoc., Inc. 20 South Cameron Street P. O. Box 2104 Winchester, VA 22601 Dear Chuck: Ref: Westview Business Centre Routes 50 & 728 Frederick County This is to acknowledge receipt of your revised plans dated August 8, 1989 to the above referenced location. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specifications applicable during construction of this development. Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require (forty-eight) 48 hours notice for inspections. If mailboxes are to be placed along the roadway fronting lots, a minimum of four W ) feet shall be between the edge of pavement and the front of mailbox as shown on the attached sketch. Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards prior to acceptance into the State's Secondary Road System. Any signs to be installed will be in accordance with attachments. TRANSPORTATION FOR THE 21 ST CENTURY r, Mr°hCharles E. Maddox, Jr. September 7, 1989 - Page #2 - All work to be performed on the State's right-of-way is currently covered under Land Use Permit #855-00796. Prior to completion of this permit it will be necessary for the developer to supply the Department an agreement and bond to cover the cost of signalization, if warranted for a period of two (2) years at the Route 50 entrance. A save harmless clause will also be required to cover maintenance of the median island at the Route 50 entrance. I suggest any utilities or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-A Stone. This will greatly reduce the possibility of any pavement settlement. • An agreement between VDOT and Frederick County to absolve the Department of any maintenance or liability of the detention basins will be required. This is the developer's responsibility. The executed agreement is needed before the streets are eligible for acceptance in the State's Secondary Road System. Should you need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer ��22. By: Robert B. Childress Hwy. Permits & Subd. Spec. Sr. RBC/rf Attachments xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. T. R. Blackburn Mr. J. B. Diamond Mr. F . E. Wymer `' Mr. R. W. Watkins' Mr. George Glaize E. R. Neff Construction Co. 0 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 I TO: VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin Airport Commission , ATTN: Mr. Kenneth Weigand FROM: Robert W. Watkins, Director DATE: September 21, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision X Master Development Plan Rezoning (Preliminary & Final) We are reviewing the enclosed request by Airport Corporate Center , or their representative, George W. Glaize 662-5058 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: &f7 w-� 1--e1C +LZ1 Iry / A/ D P V&4l P IO PeL l Ztl, I / / NNc{ Signature r Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 _ � f 9 V l h l' 5 -'Me, e, /�•S T%? /r5 r{ /c l IWn 7 1--le 147 Ooc ul�lqllle Y, FCSA �nr. ,r_nnn of i—ra . A7 1111 COUNTY of FREDERICK 2g25� rtments of Planning and Building S ®� M 9 BY 703/665-5650 1738 ,­ TO: 0 VA. Dept. of Transportation , A :444r`.. ,Wi11 i am Bushman Sanitation Authority , AT 4 r. Welling\[H. Jones Greenwood Fire Company , ATTN: Mr. Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin Airport Commission ATTN; Mr. Kenneth Weigand FROM: Robert W. Watkins, Director DATE: September 21, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision X Master Development Plan Rezoning (Preliminary & Final) We are reviewing the enclosed request by Airport Corporate Center , or their representative, George W. Glaize 662-5058 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Tf1E /S o,v T,�,E 6517." S/,Q,E' 0t 90,40 Re� C-0AZAafCT -Z?' 0AW2-5 Di` 71,Ve Rl. 5-cv RRoJcfT. �. "1,,472-fR L ��Y/_` 5-7-tv4 OV,-5 e4- T/,.E Al. Su Pqa/ '0RU'j-S if61 £ L o C/�T � D /ff.E'RF_nillY S Ef ­41'Ai 1rs-4 ri,Q OR wL� Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 • SIC?� 1738 D pF C P'C E VA. Dept. of Transportation COUNTY of FREDERICK �2�242523 Departments of Planning and Building R A D U�?, 703/665-5650 r . 7 v m D , ATTN: Mr. illiam H. Bushman ld ; cr Sanitation Authority l , ATTN: I$. Wellington H. Jones �!l101h� Greenwood Fire Company , N: Mr. Walt Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin Airport Commission , ATTN: Mr. Kenneth Weigand FROM: Robert W. Watkins, Director DATE: September 21, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision X Master Development Plan Rezoning (Preliminary & Final) We are reviewing the enclosed request by Airport Corporate Center , or their representative, George W. Glaize 662-5058 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: !,4o objection to the preliminary waster development plan. We do not like the proposed entrance onto Route 50 with the island, we feel there should be a standard secondary road connection. Before we can comment any further, we would need a complete set of subdivision plans for our review. If the developer) wishes to leave the island from Route 50 to Route 728, with an 80' right-o -way, we could allow this design. l Signature �Ci�i�� Date g/423/97 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/665-5650 TO: VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin Airport Commission , ATTN: Mr. Kenneth Weigand FROM: Robert W. Watkins, Director DATE: September 21, 1987 SUBJECT: Review Comments On: Conditional Use Permit , Site Plan Subdivision X Master Development Plan Rezoning (Preliminary & Final) We are reviewing the enclosed request y irport Corporate Center , or their representative, George W. Glaize 662-505 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: The Winchester Regional Airport Authority finds the plans to be satisfactory to the extent of its knowledge and capabilities and with the understanding that Airport 7njiD" shall he cplarr3erj to pPtzP t n tnir-i-inn pnnetratinn of Ai1=rt rotPr ed airspace to include transition areas, approach clearzones, etc. Of specific concern is construction in Phase I and II which are adiacent to or in close proximity to the approach clearzone at the approach end of Runway 32. We shall strongly object to obstruction penetration of any kind, with or without request for waiver. Point of contact for this review is the undersigned at (703) 662-5786/2422. See our Vngineer's comments which provide specifics (Attached). Signature -�1 Date September 25, 1987 Kenneth F. Aegand, Executive Director Winchester Regional Airport Authority 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 delta associates p.e., inc. consulting engineers planners 7734 whitepine road richmond, virginia 23237 (804) 275-8301 October 1, 1987 Mr. Ken Wiegand Manager Winchester Regional Airport Route 1, Box 20.8A Winchester, Virginia 22601 RE: Review of Plan - Route 50/ Airport Corporate Center Environmental Assessment Report Winchester Municipal Airport Winchester, Virginia AIP Project No. 3-51-0059-01 Delta Project No. VA 8714-E Dear Mr. Wiegand: Please find enclosed the Route 50/Airport Corporate Center plan you transmitted to us for review. We have provided 10 foot clear zone and side transition contours in red on the enclosed plan for your information. These contours represent the approximate location of the FAR Part 77 clear zone and side transition imaginary surfaces for Runway 32 at the Winchester Regional Airport. We recommend that the County limit the height of any new structure or object in the proposed corporate' center (i.e., buildings, towers, trees, parking .lot fixtures, etc.) from penetrating these part 77 imaginary surfaces. Over the remainder of the proposed corporate center to the northeast of the Part 77 side transition contours, we recommend that no structure or object exceed 870 feet MSL elevation. This is due. to a horizontal plane 150' above the published airport elevation which extends approximately 2 miles around the airport (i.e., 720' MSL airport elevation + 150' = 870' MSL). Due to the accuracy of the drawing provided us, we recommend that a more detailed and accurate analysis be provided of each proposed development in phase 1 and 2 of the proposed corporate center. Future plans should include an accurately surveyed depiction of the runway centerline and if possible the ultimate runway clear zone. Also, FAA Form 7460-1 should be submitted as described by paragraph 77.13 of FAR Part 77 which is printed on the cover sheet of the form. Mr. Ken Wiegand October 1, 1987 Page Two Due to the proximity to the airport, we encourage the County to preclude any development which would require a smokestack creating emissions in the vicinity of the airport. Although the area should be well outside the 65 Ldn contour, noise sensitive development should be apprised of the nearby airport environment. Finally, we feel that the Corporate Center is a compatible use and is not inconsistent with future airport development. If we could be of any further assistance or have any questions, please do not hesitate to contact our office. Sincerely, d and L. Bea e,'P. . ELB : sds Enclosure CIA 8714-E C/023 COUNTY of FREDERICK Departments of Planning and Building XX V M n D A ,,T n rt u 703/665-5650 TO: VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin Airport Commission , ATTN; Mr. Kenneth Weigand FROM: Robert W. Watkins, Director DATE: September 21, 1987 SUBJECT: Review Comments On: Subdivision Conditional Use Permit X Master Development Plan (Preliminary & Final) Site Plan Rezoning We are reviewing the enclosed request by Airport Corporate Center , or their representative, George W. Glaize 662-5058 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULDD�// BEE% USED FOR REVIEW COMMENTS: � U1, ! . �//� T � ! / - • /�-� / i 1" r. i i P �C. /r% Cis[ /" _LLB t l� �� Gvt�r e�a�c �- o��aes��z Signature , Date 4 - Z 9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 October 23, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Airport Corporate Center Preliminary Master Development Plan For: Permitted uses in M-1 and B-2 zoning, located on the south corner of Route 728 and Route 50 East Intersection, 1 1/2 miles east of Winchester, in the Shawnee Magisterial District. This preliminary master development plan will be considered by the Frederick County Board of Supervisors at their meeting of October .28, 1987, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on October 23, 1987 from the Department of Planning and Development, Frederick County, Virginia: ''TULLIUS, �TRIPLETT, A. C. JR. ROBERT C. !D/B/A GROUP 44 ENTERPRISES RT. 1 BOX 230 I ;WINCHESTER, VA. �332 BR.ANNER CIRCLE I 22601 WINCHESTER; VA. -- 22601 ---- --- iMILBURN, -- -- --- -- STEVEN L. � � CITY OF WINCHESTER & LOUISE W. �RT.,6 j Rou65 City Rall BOX`88-A I WINCHESTER, VA 00000 _ 22601 ' I �STEVENS, GEORGE & BRENDA D. DEARING BEVERAGE''COMPANY, INC. jRTA 6 BOX 88-A I1520 COMMERCE STREET. WINCHESTER, VA. fWINCHESTER,.VA, 22601 - - � 1 -22601 WILSON, R. SCOTT.B GEORGIA E. CARROLL, JAMES H. I f3229 DYE DRIVE fP.O. BOX 3231 I FALLS CHURCH, VA. (WINCHESTER,-VA. i 22042 -- ---- 2260,1 - - 1 (HONESTY, WILBUR.A. C AUORA �HOTTLE, IRVING L. �., � iRI. 6 BOX 68 E FRANCES IRENE NCHESTER, VA. fRT. 2 BOX 175 22601- ___-- STRASBURG, VA. — - - ---- - i 22.6-57 -- WASHINGTON, CHARLES H. 613 ASPEN STREET N. W. SHEPHERD, PERCY C. WASHINGTON, D.C. I6 CHARLOTTE G. 20012 ART. 1.BOX 217 I WINCHESTER, VA. -- -- 22601 - Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, �Diaw� K. (1av,610 , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated Qc�obei- 031 _/ I ?7 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this W3 �-c( day of e)e4'vbe►-- , 1987. My commission expires on a3, l / 82 V 0" 6 (47 NOTARY PUBLIC PERRY, FERMAN W. &'KATHRYN M. RT..6 BOX'152-A ,�WINCHESTER,.VA. I j 22601 PERRY PROPERTIES 1 ROUTE-6 BOX 152-B WINCHESTER, VA-. 22601 G,rtw., LeoKara P. � Se++1 S: 100 Nov-rk )4�+k S+rec+ Ho-rr1S �uY,c ?k 1-7 111 P. 0. �pX 3a s1 \jJ%wckes+er VA 2�(001 hAo-Ooer+, ::Taw es b. q/ Lois C. CatiPer ES-Va+es Co. P o. 3oX `7a. b 3 Al exakd.ria , VA a 2307 Geoyje- W. Gkc,7-e. 13 7 W • lSo s c_a.weh S-1. Wipnclnes+er VA --ZZiool ulitic..kes-Eer Re�io+lu,1 Air�or+ A-ttk '. Ketiv.e+k F W i eio.vd �ouke I Zox 20 $ ' A Wjwc,kes-ker VA :z2601 0 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 October 16, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Airport Corporate Center Preliminary Master Development Plan For: Permitted uses in M-1 and B-2 zoning, located on the south corner of Route 728 and Route 50 East Intersection, 1 1/2 miles east of Winchester, in the Shawnee Magisterial District. This preliminary master.development plan will be considered by the Frederick County Planning Commission at their meeting of October 21, 1987, at 2:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square P.O. Box 601 Winchester, Virginia 22601 This is to certify that the attached correspondence was mailed to the following on &tober 16, 1987 from the Department of Planning and Development, Frederick County, Virginia: / ETULLiUS, RUBERT C. TRIPLETT? A..C. JR. I �RT. ' �D/B/A GROUP.44,ENTERPRISES 1.BOX 230 I, BOX VA. 332.BRANNER CIRCLE I 22601- WIiNCHESTER, VA.. ---- - - - - 22601 jMILBURN,*STEVEN L. ICITY OF WINCHESTER I 1E.LOUISE W. - �l(RT. 6 BOX 88A Rouss CiE- Pon � (WINCHESTER, VA WINCHESTER, VA. --- - _ - �DEARING 22601 { - - - _22.6D_1- �STEVENS, GEORGE . �:.BRENDA D. BEVERAGE COMPANY, INC. RT. 6 BOX 88-A 1520 COMMERCE STREET' iWINCHESTER, VA. WINCHESTER, VA. 22601--__, 22601 WILSON, R. SCOTT-& GEORGIA.E. �P*O. CARROLL, JAMES H. 3229'DYE"DRIVE BOX 3231 FALLS CHURCH, VA. .WINCHESTER,.VA. I 22042__ I - - -- ---- 22601-- HONESTY, WILBUR, A. & AUDRA !HOTTLE, IRVING L. RT. 6 BOX 88 & FRANCES IRENE (WINCHESTER, VA. !RT. 2 BOX 175 �- 22601 RASBURG, VA. _ 22657 j WASHINGTON, CHARLES H. !J - - - - - - ySHEPHERD, 1613 ASPEN STREET N. W. PERCY C. CWASHINGTON, D.C. & CHARLOTTE G. 2U.012 RT. 1 BOX 217, ! WINCHESTER,'VA. `_-------_ . 22601 Ro ert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNa4tbu Y OFFREDERICK I, . , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated A&�, 1W.L0� , has' personally appeared before me and acknowledged the same in my state.and county foresaid. Given under my hand this day of &JA`��- , 1987. My commission expires on 962, /Yl/ YA L4 � /)S, ad 4 NOTARY PUBLIC ':PERRY PROPERTIES 'ROUTE 6 BOX 152-B ! "WINCHESTER? V.A. 22601 `-rKa.A)-U(t, ja tans 6- J X/-t C c/b carp-tr -s tLL s Co. D . 13 - 7,QL3 SQ-�e� Gas zcc., U4 Zzm wiry 6� 1 13cyx 0168-A "- APPLICATION AND CHECKLIST FOR FINAL MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE: September 16, 1987 APPLICATION NUMBER: APPLICANT/AGENT: George W. Glaize ADDRESS: 137 West Boscawen Street Winchester, Virginia PHONE: 662-5058 The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: South corner of Rt. 728 and Rt. 50 East intersection 11/2 miles east of Winchester. 2. Property tax map and identification number: TM 64, Parcel no. 159 3. Property zoning and use: M-1, Agriculture 4. Adjoining property zoning and use: A-2:Agriculture and M-1 Light Industrial 5. Proposed use: As permitted in M-1 and B-2 zones 6. Magisterial District: Shawnee 7. Preliminary Master Development Plan Application #: 8. Was Preliminary Master Development Plan approved by Planning Commission? yes no 9. Have all comments by staff and Planning Commission been addressed for the Final Master Development Plan? yes no FINAL MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Does this plan conform with the Preliminary Master Development Plan? yes X no_ 2, Note any major changes made: 3. Are adjoining uses and roads shown? yes X no 4. Are drainage easements and improvements shown? yes_ no J `1r Page 2 5. Have all calculations been submitted? - Disturbance - Open space/density - Others 6. Is the approval block shown? FINAL MASTER DEVELOPMENT PLAN CONTENTS 1. Are existing subdivisions shown? 2. Are phases and sections shown? 3. Are all common elements shown? 4. Are phases and sections economically sound? FINAL MASTER DEVELOPMENT PLAN STANDARDS AND IMPROVEMENTS yes no yes_ no yes_ no� yes no yes X no_ yes_ no. yes X no yes:. no yes X no_ 1. Have site plans required for Bonus Improvements been included? yes no 2. Conference review by Department of Planning and Development? yes_ no_ PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE FINAL MASTER DEVELOPMENT PLAN. 1. r • APPLICATION AND CHECKLIST FOR PRELIMINARY MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA PATE: September 16, 1987 APPLICATION NUMBER: APPLICANT/AGENT: George W. Glaize ADDRESS: 137 West Boscawen Street Winchester, Virginia PHONE: 662-5058 The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application.. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: South corner of Rt. 728 & Rt. 50 East Intersection, 1 1/2 miles east of Winchester. 2. Property tax map and identification number: Parcel 159, TM 64 3. Property zoning and present use: M-1, Agriculture 4. Adjoining property zoning and present use: A-2, Agriculture and M-1, Light Industrial 5. Proposed uses: As permitted in M-1 and B-2 zones. 6. Magisterial District: Shawnee PRELIMINARY MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Is this an original or amended Master Development Plan? Original 2. Is the Master Development Plan to be waived? yes no X 3. Is the scale shown on Master Development Plan? yes X no 4. What is the total area of property? 141.83 acres 5. Is the north arrow shown on Master Development Plan? yes X no 6. Is boundary survey certified? yes X no 7.. Is topography shown? yes X no 8: What is the contour interval? 2 foot 9. What is the development's name? Airport Corporate Center .page 2 PRELIMINARY MASTER DEVELOPMENT PLAN CONTENTS 1. Are all land uses clearly shown (housing types)? 2. Are all environmental requirements shown? - Floodplains ...................... - Lakes and ponds ................... - Wetlands ........................ - Natural stormwater retention acres - Steep Stops (0-15) ............... �c�C= (15 or more) ......... - Woodlands ........................ TOTAL 3. Is open space shown? yes_ no_ yes X no_ Total I Percent I Amount in acres disturbed open space yes X no- - What is total amount of open space? 91.66 Acres - What percent is the open space of the total property? 64 % 4. Are recreational facilities required? 5. What housing types are proposed? 6. Are bonus regulations being proposed? What are they?: - Recreational facilities (15%) - Woodlands (15%) - Landscaping (15%) - Solar access (10%) - Solar construction (15%) - Pedestrian/bike path (10%) - Pedestrian/bike path connector (15%) 7. Are buffers required? - from single family dwellings - from roads 8. Are screens proposed? - from single family dwellings - from roads 9. Are active or inactive buffers proposed? Active 10, Are all buffers and screens shown on the Master Development Plan? 11. Are the following items shown? - General street layout - Parking areas - Entrances - Utilities yes_ no_ yes__ no_ yes_ no yes_ no yes no yes r no yes no yes_ no yes no yes_ no_ yes_ no yes no_ yes X no_ yes no yes_ no— Inactive — yes X no_ yes_X no_ yes_ no_ yes X no yes X no— • `Page 3 0 0 • -Preliminary Master Development Plan 11. Are proposed sections or phases of development shown? yes_ no_ 12., Is the open space shown for each section or phase? yes_ no_ 13. What is the amount of open space in each section or phase? GENERAL CHECKLIST 1. Is open space proposed to be decreased for bonus? yes_ nor 2. What is the amount of decrease? 3. Are any lots proposed to be averaged? yes_ no 4. Have parking spaces per unit proposed (by bedrooms) been checked? yes no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE PRELIMINARY MASTER DEVELOPMENT PLAN. Noted Changes or Corrections to the Master Development Plan: The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be developed. (Use additional pages if necessary). These people will be notified by mail of this application. NAME 1. Address: 332 Branner Circle Robert C. Tullius Winchester, VA 22601 Property ID#: 64000-A00-0000-0000=0080-C 2. Robert C. Tullius D/B/A Group 44 Enterprises Address: 332 Branner Circle Winchester, VA 22601 property ID# 64000-A00-0000-0000-0080-H 3. Address: 5 N. Kent Street .City of Winchester Winchester, VA 22601 Property ID# 64000-A00-0000-0000-0080-110" 4. Address: 100 N. 45th Street Leonard P. & Betty J. Harrisburg, PA 17111 Grimm Property ID# : 64000-A00-0000-0000-0080-E Page 4 �P'reliminary Master Development Plan E9 NAME 5. Address: 5 N. Kent Street City of Winchester Winchester, VA 22601 Property ID#: 64000-A00-0000-0000-0080-P 6. Address: P. 0. Box 3231 Buckley-Lages, Inc. Winchester VA 22601 Property ID#: 64000-A00-0000-0000-0080-B 7. Address: Rt. 2, Box 175 Irving L. & Frances Strasburg, VA 22657 Irene Hottle Property ID# : 64000-A00-0000-0000-0080-G 8. Address: 5 N. Kent Street City of Winchester Winchester, VA 22601 (Airport) Property ID#: 64000-005-0000-0000-OOOA-0 9. Address: 5 N. Kent Street City of Winchester Winchester, VA 22601 Property ID#: 64000-A00-0000-0000-0159-A 10. Address: Rt. 1, Box 217 Percy C. & Charlotte Winchester VA 22601 G. Shepherd Property ID# : 64000=AO0-0000-0159-C *See below for other property owners 11. Additional comments, if any 11. Rt. 1, Box 230 A. C. Triplett, Jr. Winchester, VA 22601 64000-A00-0000-0000-0175-0 12. Rt. 3, Box 88A Steven L. & Louise Winchester,'VA 22601 W. Milburn 64000-A00-0000-0000-01.75-A 13.... Rt. 6, Box 88A George & Brenda D. Winchester, VA 22601 Stevens 64000-A00-0000-0000-0159-B 14. 3229 Dye Dr:, R. Scott & Georgia E. Falls Church, VA 22042 Wilson 65000-A00-0000-0000-0120-A 15. Rt. 6, Box 26 Wilbur R. & Audra J. Winchester, VA 22601 Honesty 65000-A00-0000-0000-0117-0 65000-A00-0000-0000-0119-0 16. 613 Aspen St., N.W. Charles H. Washingto Washington, D.C. 20012 65000-A00-0000-0000-0118-0 7. James B. & Lois C. Marbert Perry Properties c/o Carper Estates Co. P. 0. Box 7263 Alexandria, VA 22307 65000-A00-0000-0000-0116-0 Rt. 6, Box 152-B Winchester, VA 22601 64000-A00-0000-0000-0158-0 �l COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 RAY D. PETHTEL WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER September 26, 1990 Mr. Benjamin M. Butler Ref: Westview Business Centre C/O McKee & Butler Routes 50 & 728 P. O. Drawer 2097 Frederick County Winchester, VA 22601 Your File #2339(1) Dear Ben: Enclosed you will find an executed copy of the above referenced project's signalization agreement. Sincerely, William H. Bushman Transp. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. F. E. Wymer Mr. George W. Glaize, Jr. Mr. R. W. Watkins , TRANSPORTATION FOR THE 21 ST CENTURY G. W. CLIFFORD & ASSOCIATES, INC. 20 South Cameron Street P.O. Box 2104 Winchester, Virginia 22601 7 0 3 - 6 6 7 - 2 1 3 9 October 16, 1989 Mr. Bob Childress Virginia Department of Transportation PO Box 278 Edinburg, Va. 22824 Re: Westview Business Park O'Sullivan Roadway Dear Bob, Attached you will find 3 complete sets of construction plans for the O'Sullivan Roadway at Westview Business Park. These are submitted for your review and approval prior to construction. Since this is not a subdivision under County regulations this project will not require normal review administrative processes. We nevertheless would appreciate your copying Frederick County with all comments in accordance with normal practice in that regard. By copy of this letter we are transmitting copies of this plan to the County for their review and approval and approval. If we can be of any assistance in your review please do not hesitate to call Mr. P. Duane Brown, C.L.S. or the writer. LSiere addox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. cc: Mr. Bob Watkins, Frederick County Planning Mr. John Whitacre, Frederick County Sanitation Authority Mr. Phil Griffin, O'Sullivan Corporation CEM/ckd Iny $Ep 2 2 W9 FRN COMMONWEALTH of VIRGIN ; DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER September 21, 1989 Mr. Sonny Neff Ref: Proposed Commercial Entrances C/O E. R. Neff Construction Co. Westview Business Centre P. O. Box 1027 Routes 50 & 728 Stephens City, VA 22655 Frederick County Dear Sonny: Enclosed you will find Mr. Glaize's copy of Land Use Permit #855-00796 to cover work on the State's right-of-way at the above referenced development. Please note the revisions marked in red on the approved plans. Because of existing traffic considerations all traffic control will be in strict accordance with the Virginia Work Area Protection Manual. This includes Group II Channeling Devices (Reflectorized Barrels and Electronic Illuminated Flashing or Sequential Amber Arrow Boards). Also because of rush hour traffic volumes, you will not be permitted to work on the right-of-way before 7:00 a.m. or after 4:00 p.m. As we have previously discussed, Mr. Glaize has already been advised he will be responsible for paying the full salary and expenses of a State assigned Inspector while working on the right-of-way. Mr. Glaize will be billed monthly on an account receivable charge number by the Department. This permit assembly must be on the job site while working within the State's right-of-way. Should you have any questions concerning the above, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer u6 1/1 By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf Enclosures xc: Mr. J. B. Diamond Mr. J. C. Heatwole Mr. F. E. Wymer Mr. George W. Glaize, Jr. Mr. R. W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY JUL 1 ow COMMONWEALTH of VIRGIN DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER July 6, 1989 Mr. Ron Mislowsky Ref.: Westview Business Center C/O G. W. Clifford & Associates Routes 50 & 728 P. O. Box 2104 Frederick County 20 South Cameron Street Winchester, VA 22601 Dear Ron: As requested we have reviewed the above referenced plans dated May 19, 1989 and revised traffic volume data. Our recommendation is we still need 8" of CR Type 21-A Base Stone, and 6" of B-3 Bituminous Concrete for strength. However, 125#/S.Y. or 1„of S-5 Bituminous Concrete will be acceptable for the surface course. This design is based on 3,000 vehicles per day with 4 to 5 percent truck traffic. We believe this to be the very minimum acceptable design. I would like to point out this is the same design used on the Route 645 project which carries approximately 3,000 vehicles per day. Please revise in accordance with the attached plans marked in red for my review. My office will require seven (7) copies of the revised plans for our files and to process a land use permit. Should you have any questions, do not hesitate to call. RBC/sl attach. xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. T. R. Blackburn Mr. Fred Glaize Mr. R. W. Watkins Sincerely, W. H. Bushman Resident Engineer Ro4z.Z49. 4WU--C" By: Robert B. Childress Hwy. Permits & Subdivision Specialist Senior TRANSPORTATION FOR THE 21 ST CENTURY C1N,� ar CV�0 �r rA p COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER July 6, 1989 Mr. George W. Glaize, Jr. Ref.: Westview Business Center 137 West Boscawen Street Routes 50 & 728 Winchester, VA 22601 Frederick County Dear Mr. Glaize: This is in response to your letters dated May 17, 1989 in reference to the above development (copies attached). As you requested we have reevaluated the pavement design and our recommendation is we still need 8" of CR Type 21-A Base Stone and 6" of B-3 Bituminous Concrete for strength. However, 125#/S.Y. or 1" of S-5 Bituminous Concrete will be acceptable for the surface course. This design is based on 3,000 vehicles per day with 4 to 5 percent truck traffic. We believe this to be the very minimum acceptable design. I would like to apprise you this is the same pavement design the Department used on the new Route 645 project which carries approximately 3,000 vehicles per day. Should you have any questions concerning the above do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subdivision Specialist Senior RBC/sl attach. xc: Mr. C. E. Maddox C/O G. W. Clifford & Associates Mr. R. W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY 47 OA— 1'7'0,,Y1662 5058 Mr. William Bushman Resident Engineer Department of Transportation P.O. Box 278 Edinburg, Virginia 22824 RE: Westview Business Centre Dear Mr. Bushman: REALTOR® 737 !� eal .�oacdraf�n Jeet *.",vx�i�ncd 2260� May 17, 1989 aq,,ci.- 11170.1?1667-3282 I would like for you to take the following into consideration when reviewing the Westview Business Centre: (a).The buildings will be no larger than 45' in height, as per county ordinances, (b) Secondly, I just spoke with Sonny Neff and he informed me that Stonewall Industrial Park behind Crown Cork & Seal has a considerable amount of heavy truck traffic generated by the trucking terminal, large warehouses and manufacturing, (c) And finally, VDOT is only requiring 1Y" of S-5 and 3Y' of B-3 for the above. Sincerely, Geo ge W. Glaize, Jr. GWG/sdm enclosures :r /� �p r REALTOR® 737 Yat �.fJ�acawm JG W Y;,4 , 22001 May 17, 1989 Mr. William Bushman Resident Engineer Department of Transporation P.O. Box 278 Edinburg, Virginia 22824 RE: Westview Business Centre Corner of Routes 50 & 728 Frederick Co., Va. Dear Mr. Bushman: Gleaciitnz - 1'7'0,1710073282 I have enclosed a copy of the Westview Business Centre highway comments along with a copy of the covenants and restrictions and have outlined below items that I feel need to be explored in greater depth. Regarding item #10 on the highway comments I feel that 3" of B-3 is sufficient along with 8" of aggregate base and 1'" of S-5. As you will note, this is a business centre and will not induce high traffic truck volume as within an industrial park. Regarding the covenants and restrictions: please read pages 3 & 4 concerning types of businesses allowed; page 6 pertaining to building materials and pages 7 & 9 relating to automobile parking and truck loading. I feel that this is the first high quality business centre within the area that will incorporate curb, gutter and 36' width asphalt paving throughout the thorough -fare. Another items that needs to be taken into account is the ..availability of Route 728. I feel that the construction of the Business Centre thorough -fare will not stimulate excessive heavy manufacturing and industrial.types of traffic. Sincerely, i �C Ge ge W. Glaize /Jr. GWG/sdm enclosures RAY D. PETHTEL COMMISSIONER L, a COMMONWEALTH of VIRCjIN12V DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 (703) 984-4133 May 9, 1989 Mr. Charles E. Maddox, Jr., P.E. C/O G. W. Clifford & Associates, Inc. 20 South Cameron Street Post Office Box 2104 Winchester, VA 22601 Dear Chuck: MA: � �9� r V� WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Westview Business Center Routes 50 & 728 Frederick County As requested, we have reviewed the above referenced plans dated November, 1988. Please find my recommendations on the attached plans marked in red and as follows: 1. Any existing pipe under Route 50 EBL to be extended must have a Standard DI-7 Inlet within the right-of-way for this extension. 2. Existing pipe under Route 728 west of proposed street connection to be extended due to right turn lane with 20' drainage easement as noted. 3. A Standard DI-3B Inlet with six (6') feet slot to be installed left of Station 1+00 with 15" pipe outfall. 4. If the reflecting pond at the Route 50 entrance is to be used for detention, a top should be constructed on the 48" riser with a grated opening of approximately 1.2 square feet. An easement to cover the storage area is to be provided to top of berm or elevation 672.0. The Department will not be responsible for maintenance or liability of the pond. 5. The special D1-3 Inlet structure design on Plan Sheet No. 6 is not acceptable due to maintenance and safety reasons. Pipe studs with flared end sections are to be provided on Inlets No. 9, 10, 14, 18 and 19 as noted on the plans. 6. At Station 15+25, a D1-4B is required for Inlet No. 14 with 42" pipe inlet and outlet. 7. The slot lengths of all drop inlets should be shown in the location descriptions on plan sheets. 8. A short vertical curve should be designed for the grade tie-in with Route 50. TRANSPORTATION FOR THE 21 ST CENTURY U Mr. Charles E. Maddox, Jr. May 9, 1989 - Page Two - 9. Pavement width on the main loop road to be increased to 36' or 40' face to face of curb. This will allow for a center left turn lane for the proposed connector streets and commercial entrances. 10. Pavement design needs to be revised due to anticipated traffic generated by the cormiercial development and the percentage of trucks as a result of industrial development. Our recommendations are to increase the B-3 from 3" to 6" depth with the 8" of aggregate base and l of S-5 shown. 11. Incorporate existing and proposed utilities into the plans. 12. Attached trip generation figures indicate a need for a traffic signal at the main entrance crossover on Route 50 east of Route 728. 13. Upgrade existing left turn lane on Route 50 WBL at the main entrance crossover with 200' storage and 200' taper. Cost for upgrading turn lane and installing the traffic signal will be the developer's responsibility. An agreement for the installation of the signal will need to be reached and will become part of the land use permit. 14. Use OGr-7 at both entrances on the radii and right turn storage lanes. 15. Delete acceleration lanes shown on plans. 16. Use 150' tapers for both entrances on the inbound lanes beyond the end of divided section. Please revise and resuhndt for review. My office requires seven (7) copies of the revised plans for our files and to process a land use permit. Should you have any questions, please advise. RBC/rh Attachments xc: Mr. R. L. Mr. J. B. Attn: Mr. J. C. Mr. R. W. Sincerely, W. H. Bushman Resident Engineer U � 4.", idy By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior Moore Diamond Mr. K. B. Downs Heatwole , Watkins �� 0 6 G. W. CLIFFORD & ASSOCIATES, INC. 20 South Cameron Street P.O. Box 2104 Winchester, Virginia 7 0 3 - 6 6 7 - 2 1 3 9 February 27, 1989 Mr. Bob Watkins Frederick County Planning Commission 9 Court Square Winchester, Va. 22601 Re: Westview Business Park George Glaize Property Dear Bob, 22601 Attached are the construction drawings for the addition of a road and certain utility improvements on this project. You will note that this project is similar to the layout approved by master plan approval action of the County. Should your office need to exercise any approval of this right-of-way addition or utility improvement please advised if you require any additional information in that regard. Subdivision of this project is to be performed as sites are sold in accordance with standard practice with other industrial developments in Frederick County. We look forward to your reply. Sincerely yours, C. E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. cc: George Glaize, w/attach. Earth Design, w/attach. Potomac Edison, w/attach. C&P Telephone, w/attach. Shenandoah Gas, w/attach.CEM/ckd�8/�r) CDEpT. EMI G. W. CLIFFORD & ASSOCIATES, INC. 20 South Cameron Street P.O. Box 2104 Winchester, Virginia 22601 7 0 3 - 6 6 7 - 2 1 3 9 February 27, 1989 Mr. John Whitacre Frederick County Sanitation Authority Court Square Winchester, Va. 22601 Re: Westview Business Park George Glaize Project Dear John, Attached are 2 sets of construction drawings for the extension of water and sewer services into the Westview Business Park located on US Route 50. We are submitting these to you preliminary for any comments you may have prior to our forwarding these to the State Health Department for review and approval of the pump station addition. After your review, this may be a good time to compare notes on the force main hydraulics for the Airport area. I look forward to your reply. Sincerely yours, -E.- addox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. cc: Bob Watkins, Planning CEM/ckd �+4 G. W. CLIFFORD & ASSOCIATES, INC. 20 South Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 February 27, 1989 Mr. Bob Childress VDOT PO Box 278 Edinburg, Va. 22824 Re: Westview Business Park George Glaize Project Dear Bob, Attached are 3 sets of the construction drawings for the above project. We would appreciate your review and approval at your earliest convenience. If in your review you have any questions or comments please do not hesitate to call. cc: Bob Watkins George Glaize CEM/ckd Sincere) s, Paddox.., P.E., V.P. G. W. Clifford & Associates, Inc. F- + Tl� MAN110 RECTO c& at FINAL MASTER DEVELOPMENT PLAN #012-87 Airport Corporate Center Zoned M-1 (Industrial Limited) 107.20 Acres LOCATION: South corner of Route 728 and Route 50 East Intersection, 1 1/2 miles east of Winchester MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Agricultural and industrial uses, and A-2 (Agricultural General) and M-1 (Industrial Limited) zoning. PROPOSED USE AND IMPROVEMENTS: As permitted in M-1 and B-2 zones ALL PRELIMINARY MASTER PLAN REQUIREMENTS HAVE BEEN INCLUDED ON THE FINAL PLAN REVIEW EVALUATIONS: VA Dept. of Transportation - No objection to the preliminary master development plan. We do not like the proposed entrance onto Route 50 with the island; we feel there should be a standard secondary road connection. Before we can comment any further, we would need a complete set of subdivision plans for our review. If the developer wishes to leave the island from Route 50 to Route 728, with an 80' right-of-way, we could allow this design. Sanitation Authority - (1) The pump station is located on the other side of road per contract II DRWTS of the Route 50 Project; (2) Water line stub outs on Route 50 Project. Contract I DRWTS are located differently [See Marked up DRWT] . Greenwood Fire Company - The Greenwood Volunteer Fire Company marked suggested hydrant location on plot map, however, this could change when we have a drawing to scale. The type building and occupancy in business and industrial development will tend to dictate what is needed for fire protection at that location. This is as far as we can go at this point with the information provided at this time. As this project progresses we will need to know building height and expected occupancy. Airport Commission - The Winchester Regional Airport Authority -finds the plans to be satisfactory to the extent of its knowledge and capabilities and --P-REhMI-NARY MASTER DEVELOPMENT PLAN #012-87 Airport Corporate Center with the understanding that Airport Zoning shall be safe guarded to prevent obstruction penetration of Airport protected airspace to include transition areas, approach clear zones, etc. Of specific concern is construction in Phase I and II which are adjacent to or in close proximity to the approach clearzone at the approach end of Runway 32. We shall strongly object to obstruction penetration of any kind, with or without request for waiver. See engineer's comments which provide specifics. Inspections Department - This request for rezoning shall comply with Use Group F - Factory and Industrial, Section 305.0, and Use Group B - Business, Section 303.0, of the BOCA Basic National Building Code 1984. Planning and Zoning - The final plan is drawn in accord with the approved preliminary master development plan. The request for master plan approval applies only to 107.20 acres of land zoned M-1. The master plan shows the location of proposed uses, roads, and utilities. The location of proposed development sites provide for sufficient buffers in relation to residential uses to the east. Woodlands are shown and can be maintained to some extent to provide screening. General proposals for stormwater management are shown. The location of proposed uses in relation to environmental features is appropriate. In talking with the Highway Department, it is our understanding that they have no objection to the locations of the proposed entrance roads. The design of entrances will need to be worked out with the Virginia Department of Transportation before subdivision approval. A single main entrance is shown on Route 50, with two new intersections on Victory Lane. This appears to be an appropriate street layout, especially if individual, private entrances are avoided on Route 50. All fire protection requirements will need to be met during the process of subdivision or site plan approval. The concerns of the Airport Commission are important and should be accomodated before any construction begins. The requirements of the Airport Zoning District should be met, and the staff will continue to request comments from the Airport Commission during each step in the Development process. The plan meets all master plan requirements, and the proposed Route 50/Airport Corporate Center will be able to meet all M-1 District requirements. STAFF RECOMMENDATIONS: Approval of the Final MDP. PRELMINARY MASTER DEVELOPMENT PLAN #012-87 Airport Corporate Center Zoned M-1 (Industrial Limited) 107.20 Acres LOCATION: South corner of Route 728 and Route 50 East Intersection, 1 1/2 miles east of Winchester MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Agricultural and industrial uses, and A-2 (Agricultural General) and M-1 (Industrial Limited) zoning. PROPOSED USE AND IMPROVEMENTS: As permitted in M-1 and B-2 zones REVIEW EVALUATIONS: VA Dept. of Transportation - No objection to the preliminary master development plan. We do not like the proposed entrance onto Route 50 with the island; we feel there should be a standard secondary road connection. Before we can comment any further, we would need a complete set of subdivision plans for our review. If the developer wishes to leave the island from Route 50 to Route 728, with an 80' right-of-way, we could allow this design. Sanitation Authority - (1) The pump station is located on the other side of road per contract II DRWTS of the Route 50 Project; (2) Water line stub outs on Route 50 Project. Contract I DRWTS are located differently [See Marked up DRWT] . Greenwood Fire Company - The Greenwood Volunteer Fire Company marked suggested hydrant location on plot map, however, this could change when we have a drawing to scale. The type building and occupancy in business and industrial development will tend to dictate what is needed for fire protection at that location. This is as far as we can go at this point with the information provided at this time. As this project progresses we will need to know building height and expected occupancy. Airport Commission - The Winchester Regional Airport Authority finds the plans to be satisfactory to the extent of its knowledge and capabilities and with the understanding that Airport Zoning shall be safe guarded to prevent obstruction penetration of Airport protected airspace to include transition areas, approach clear zones, etc. Of specific concern is construction in Phase I and II which are adjacent to or in close proximity to the approach clearzone at the approach end of Runway 32. We shall strongly object to obstruction penetration of any kind, with or without request for waiver. See engineer's comments which provide specifics. n I 4 PRELMINARY MASTER DEVELOPMENT PLAN # 012-87 Airport Corporate Center Inspections Department - This request for rezoning shall comply with Use Group F - Factory and Industrial, Section 305.0, and Use Group B - Business, Section 303.0, of the BOCA Basic National Building Code 1984. Planning and Zoning - The request for master plan approval applies only to 107.20 acres of land zoned M-1. The master plan shows the location of proposed uses, roads, and utilities. The location of proposed development sites provide for sufficient buffers in relation to residential uses to the east. Woodlands are shown and can be maintained to some extent to provide screening. General proposals for stormwater management are shown. The location of proposed uses in relation to environmental features is appropriate. In talking with the Highway Department, it is our understanding that they have no objection to the locations of the proposed entrance roads. The design of entrances will need to be worked out with the Virginia Department of Transportation before subdivision approval. A single main entrance is shown on Route 50, with two new intersections on Victory Lane. This appears to be an appropriate street layout, especially if individual, private entrances are avoided on Route 50. All fire protection requirements will need to be met during the process of subdivision or site plan approval. The concerns of the Airport Commission are important and should be accomodated before any construction begins. The requirements of the Airport Zoning District should be met, and the staff will continue to request comments from the Airport Commission during each step in the Development process. The plan meets all master plan requirements, and the proposed Route 50/Airport Corporate Center will be able to meet all M-1 District requirements. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION RECOMMENDATIONS OF 10/21/87: Unanimous Approval. l I COMMONWEALTH of VIA INIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 RAY D. PETHTEL WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER July 18, 1988 Mr. George W. Glaize, Jr.., Realtor Ref.: Site Plan Review 137 West Boscawen Street Airport Corporate Center - Route 50 Winchester, VA 22601 Frederick County Dear George: This is to advise that the above referenced has been reviewed by the Department. Enclosed you will find a letter dated July 5, 1988 from Mr. J. B. Diamond to Mr. W. H. Bushman which is self explanatory. Once the revisions have been made, a commercial entrance permit may be applied for four (4) sets of plans is required when applying for a permit. Should you have any questions or concerns, please do not hesitate to call. CWL/sl attach. xc: Mr. Mr. Mr. Sincerely, C. William Lam, Jr. Hwy. Permits & Subdivision Specialist Senior For: W. H. Bushman Resident Engineer J. B. Diamond A. R. Cline Robert W. Watkins JUL1g88 F,PdD BUILDING ©► TRANSPORTAT!ON FOR THE 21ST CENTURY VIRGINIA DEPARTMENT OF TRANSPORTATION J INTRA-DEPARTMENTAL MEMORANDUM TO Mr. W. H. Bushman Staunton, Virginias FROM J. B. Diamond July 5, 1988 SUBJECT: Site Plan Review Route 50 Airport Corporate Center Frederick County As requested in your memorandum dated May 25, 1988 the Environmental and Traffic Engineering sections have reviewed the site plans for the above noted development and offer the following comments and recommendations: 1. Left turn lanes shall be 200' full width with 200' tapers. 2. Right turn Pane shall be 200' full width with 200' taper. 3. The acceleration lane on the east side of the entrance shall be eliminated. A 36' taper shall be used. 4. Combination curb and gutter shall be Std. CG-7 adjacent to Route 50. 5. Recommend use of 50' radii. 6. Recommend that a constant pavement width of 25' be used on entrance and exit each side of island. 7. Taper from dual lane section to the two lane section (140') appears to be too short. Length should be calculated using L=WS2 with a minimum length of 200'. 60 8. In the event the developer plans to perform maintenance work in the area of the entrance within State right of way, the Environmental section recommended that a "save harmless" statement protecting the Department from liability be made a part of the entrance permit assembly. We are returning the drawings and photographs as requested. Recommendations have been noted in red. YBD/sc cc: Mr. A. R. Cline J. B. Diamond District.Traffic Engineer By: K. owns " Transportation Engineer THE COX COM PAP 108 Second Street NE October 27, 1987 Transmittal Charlottesville, Virginia 22901 To: Mr. Robert W. Watkins Director of Planning and Development County of Frederick From: David Anhold Re: Airport Corporate Center Master Plan 0 (804) 295-7131 ;26Z72 ocrIc Enclosed are eight additional copies of the Airport Corporate Center Master Plan which Mr. Glaize requested that we send to you. Please use them at your discretion and if yiou are in the need of further prints or information concerning this project, feel free to contact us. W& kind regards *dJUA" David Anhold w/enclosures Planners Civil Engineers Urban Designers Development Consultants 22655 RUN DATE: 09/23/37 FREDERICK COUNTY, VIRGINIA PLANNING E DEVELOPMENT LABEL LIST NAME/ PROPERTY MAP N0. /ADDRESS DESCRIPTION 64000—A00-0000-0000-0080—C TULLIUS, R03ERT C. M. W. PIKE 3/3/A 3ROUP 44 ENTERPRISES 332 3RANNER CIRCLE WINCHESTER, VA. 22601 64000—A00-0000-0000-0080—H TULLIUS, ROBERT C.. M. w. PIKE 0/3/A GROUP 44 ENTERPRISES 332 BRANNER CIRCLE WINCHESTER, VA. 22601 64000—A00-0000-0000-3080-0 CITY OF WINCHESTER M. W. RD. 0 PAGE 3 LAND IMPROV. ACREAGE ZONE U/C VALUE VALUE ------- ---- --- ------------ 2.35 M1 ID 35,300 440,200 2.65 A2 AG 39,800 .38 M1 AG 500 00000 64000—A00-0000-0000-0080—E DEARING BEVERAGE COMPANY, INC. M. W. PIKE 5.02 M1 AG 37,700 1520 COMMERCE STREET WINCHESTER, VA. 22601 64000-A00-0000-0300-0080-P CITY OF WINCHESTER JIC LTD. .31 M1 AG 500 CITY HALL WINCHESTER, V.A. 22601 64000-AOO-0000-0000-0030-3 CARROLL, JAMES H. M. W. PIKE 5.01 M1 AG 47,600 P.O. BJX 3231 WINCHESTER, VA. 22601 64000-A03-0000-0000-0080-G HOTTLE, IRVIN3 L. M. w. PIKE 5.00 M1 ID 47,500 Z FRANCES IREivLE "' RT. 2 BOX 175 --------- STRA53URG, VA. - _ — 33 22557 3 — — — — — -; NO NAME .0-N FILE ;: — 35 64000—A00-0000-0000-0159—A WINCHESTER, CITY OF M• W. GL—<AOE_— 18.19 A2 CM _. 911000 38 BOX 253 3 WINCHESTER, VA. 3 22601 39 64000-A00-0000-3033-0159-C SHEPHERD, PcRCY C. M. W. ROAD 10.00_- A2 RS. 19,500 27,7Q0__ o E CHARLOTTE G. - _ •' RT. 1 3OX 217 42 WINCHESTER, VA. ?2601 64000—A00-0000-0J00-0175-0 TRIPLETT, A. C. JR. BUFFLICK ROAD 10.00 A2 RS 24,000 68,700 RT. 1 3GX 23J WINCHESTER, VA. 22601 64000—ADO-0000-0000-0175-A_ MILBURN, STEVEN L. BUFFLICK ROAD 5.08 A2 RS 10,50C _ _79,8.00_-.-- 49 so LOJISF W. R T . 6 3 0 X 3 8 — A s� WINCHESTER, U A s2 22601 _,��..._.._,...��.�._. �__._ -r� ._ .._.-.....T___-----mm---_-�-�--,--�.r.�-_____,-,_.-..._ 53 640J0—A0C-0000-0J00-0159-3 STEVENS, GEORGE E BRENDA D. BUFFLICK ROAD 6.52 A2 RS 109-400. _. 24,$Q.O.. 54 RT. 6 BOX 33—A 55 AINCHESTER, VA. 56 22601 __ ___ __- 57 65000-Au3-0000-1300-0120-A WILSON, R. SCOTT E GEORGIA E. BUFFLICK ROAD 7.00 A2 AG 5,600 5.9� 3229 DYE DRIVE ' FALLS CHURCH. VA. 70- 22042 RUN DATE: C9/23/:�7 FREDERICK COUNTY, VIRGINIA PAGE PLANNING C DEVELOPMENT LABEL LIST - NAME/ aR0°ERTY LAND `SAP NO. /.ADDRESS D=SCRIPTIO\ ACREAi-E Z3NE U/C VALUE __--- VALUE ------- 65000-A00-0000-0000-C117-0 ----------- HONESTY, WIL3UR A. 4 AUDRA.__ M. ----------- .y. R AO _- - ------- 1.30 ---- A2.-- --- RS --- __ 9,2C0 ,7C,7i ------- RT. 6 3OX 85 VA. _WINCHES7ER, 22601--- 65000-A00-0-000-00-00-0119-0 HONESTY, WILBUR R. i AUDRA J. M. W. ROAD_..----_--_ ._.__ ____----__-__-__---- _..__•_.35.___.A:.___A.0_____._______ _�0.._ _.____-_____.___: 10 RT. 6 3OX 88 *+� WINCHESTER, VA. 22601 13; 65300-A00-0000-0000-0118-0 WASHIN'UTON, CHARLES H. M. , ROAD -_-__ __.._ . - _. _..:�9-0---A,2._-_-AG.--__ -_ 014 _ _ - 613 ASPEN STREET N. W. t5 WASHINGTON, D.C. 36 20�312 17 _ 65000-A00-0000-0000-0116-0_ PERRY, FERMAN_ W. - M, W. ROAD __.. -_ _�_.... 8 6 4 � R5 137.30Q -_ & KATHRY% M. 4 11 J 0 _5 7 9 — 10 12 13 9 _ '4� 15 16 17 +9 RT. 6 SOX 152-A WINCHESTER, VA. _ 22601 6400.0-AOO-_000.0_-000-0-0158-_0 PERRY PROPERTIES M. W. ROAD 43.36 M1 ID195, 100 293, 300 - ROUTE 6 BOX 1 5 2- B24 WINCHESTER, VA. 22601 m 26,_-__-..4.0000-A00-0000-OJDO-0104-0 HEDRICK, B. SHERWOOD N. W. GRADE .43 Al RS - 3,5-00 4,5OC]_ . s"_._ RT. 9 3OX 368 c • ' WINCHESTER, VA. • 22601 40000-A_00-_a000--0000-0105-0 TRIPL ETT, LUCIE E. RT. 9 :30X 363 ___-.-- ATNCHESTER, VA. 22601 �1 u-A00-0000-0030-0101-A SEE, WANDA RT. 9 BOX 373 AINC'HESTER, VA. N. .�. 34ADE N. W. GRADE S`--- 1 1, 0 C 0 -�_75 0 0 0 • 31 w. 32 33 2.50 Al RS 4 22601 37 + C 090_-_ A 0 0- 3 0 0 0 - O O 0 +0,-- O 1s0 2-(?_. SEE , R .A Y M Q D i. = D I T H N :.__ W :.._SzR�. E _ __ _ _ _ _ __ -_ _ -- - -- - ---- -- . 5 0 A 1 _--_ R S _. _- _ _ _ _ 3 ?0 [L_____- —11 : 9 0-03 R T . 9 8 O X 373 .. _ _ _.. _----- - --39 wINCHESTER, VA. 40 22501 40000-A00-000-0000-0101-0 NEWCJME, CHARLE S W. E 3RENOA 0 HAYFIELD _ _ -_ 2.00AiRS____---- 7aQa� 241100 142 14:11,R T. 9 3 0 X 3 7 43 �j N I N C HE S T E R , V A . --- -- -- - ------ -- __ - - - ---- --- - -- - - - - -- - — - - 4 -- -- --- - - -- - -- - - -- 22.601 - - - -- �. _. _. - - 45 F46 40000-A00-0000-0000-0100-0 NAIL, LORING R. C ANNA 0. N. W. GRADE 1.80 Al RS 111000 73,800 46 _ 147 a� 2:26U1 57 _8 40000-A00-001 00J-0066-0 OMENS, DCUSLA PENNY J. N. W. GRADE 5.06 A2 - AG ,700 'S R T . 2 3 O X 2910 -- - WINCHESTER, VA. 22601 0 RUN DATE; 09/23/37 • FREDERICK COUNTY, VIRGINIA PLANNING E DEVELOPMENT LABEL LIST • • 0 PAGE 5 A BK6 9 9PG4 16 9) .5 4 25'4e3. �v 9155 Acle6s �//tX IV 51 O-f/ L;l 7 Ic 'o " -YOO 00' 51/50 - 4 lk oo/ tz 0,9 R0617-C 50 APE- LOCATED .4'S rlyE-r 9EEVC PAPIOA0 TO 71-716' e6-COA1SrkUC7'1OA.1 A0067it- 64(g 11v I985 T/!6- A16-kV Pwv6-1oi6-Alr v,4-,o16-s solvenmqr IVO,49 /Y,E r1OA1 OF T.V(f- OACIGIA1,46 14/kU/N/14 SC4,16' 1'7'6-00' BY co, /A/C BKGOOFG4l7 ' ;z GAS Q � of pN / I 55' 620 �'79 q� '�5 34q 99 3� G � 05 2,19 /8 ,Z 55• �q q8 031,2�-.�✓ � i5 .��\ 5/02 q� A/��Q oro0� i V rK 07 4'Sq�O/ �S�ie LN / itl o 3/ N // 93 q2 pig iN�'��ss'•• o Io � w 0 Iti �9.V M.9Of. /� /Wq e r 6� ►/ (,'G A/Z c �/.P f G'/7'POC Y/v Q saeo��rsiD.v A�OM i vis T,C q 7eW A OC A% Dom" A �o,P rioti of VA. oa41 rE b 4s 5,�.%GdiV�E O/57;P/C/; f;P�"D�;P/C k' � OU�vT.y ✓r,Pc%vr.9 SCALE : / '" = 200 ' DATE GREENWAY ENGINEERING AND SURVEYING CO., INC. FIT 6 - BOX 152C / J MILES EAST ON ROUTE 50 WINCHESTER• VIRGINIA 22601 TELEPHONE 662.41" E CERT )CAIE 14& 54.17.3 (s)M 54.17.3 M162 mot SHEET of m BK699P� 18 � , The accompanyinti flat represents a survey of a portion of the land conveyed to Percy C. Shepherd and Charlotte G. Siiepherd by deed dated Juno 17, 1985 and recorded in the F-'ede:rick Cminty Cmir-1 Clerk's office in Deed Book 595 at Page bO7. The sai�9 Iiii��i 1 i'2s 1'.r:5! nortli�of Virginia Route 645 in :;f,.jwnee L)istrict, E re(lerick County, Virginia and is bounded at an iron pirn set. c-ornor to the Retained Par. tioil and in a 1 inP of the Ci ty of Winchesterr Land; thence wi th -the City of Wirichester land N55 deg. 00 inin. 31 sec. W - 19' to an iron pin found in a 1 ine of the City of W3nchest.er Land and corner to Glaize; thence with Glaize for the 3 following coursers N 34 deg.' 59 min.- 29 sec. E - 25 7. b8' to an iron pin found; thence S 55 deq. 00 min. 31 sec. E - 249.18to an iron pin found; thence S 31 deg. 53 min. 48 sec. E - 279.44' to an irc,n pin found corner to Glaize and the Retained Portion; thence with the Retained Portion S 14 deq. 59 min. 29 sec. W - 147.99' to the be(linninq. 41 Containinq. . . . . . . 2.671. Acres Surveyed. . . . . . . . April 25, 1988 VA.nos + Q �. JIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was oduced to me on the a'b �^ day off.—` 1960 at 0 ,"and with certificate of acknowledgment thereto an was admitted to record. 1, A CLERK • BK699eG368 DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR WESTVIEW BUSINESS CENTRE, FREDERICK COUNTY, VIRGINIA RECITALS................................................... 1 ARTICLE I: PiJRPOSE....................................... 2 ARTICLE II: PERMITTED AND PROHIBITED USES 2.01 Permitted Uses ................................ 2 2.02 Prohibited Uses ............................... 4 ARTICLE III: DEVELOPMENT STANDARDS 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3. 1.4 3.15 3.16 3 . 1.7 3.18 ARTICLE IV: 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 Plan Approval. Required ........................ 5 I311i.lding Lilies ................................ 6 Site Design ................................... 6 Bili_ldincj Materials and Design ................. 6 Aut;olnobile Parking ............................ 7 Truck Loading and Parking .....................10 Outside Storage ................................10 Landscapi.ng...................................10 Easement for. Landscaping and Related Purposes; Covenant to Dedicate for Street Widening ...... 11 Exterior Lighting ............................ 12. Signs and Graphics ........................... 13 Utilities.................................... 14 Construction ................................. 15 Maintenance During Construction 16 Maintenance.................................. 16 Storm Drainage Systems ....................... 17 Rezoning ..................................... 17 Envi.ronme-!ntal Protection ..................... 17 PLAN APPP.OVAL PROCEDURES Required Procedures ......................... 1.8 Preliminary Submission ....................... 18 Final Submission ............................. 19 Scale and Detail ............................. 21 Presumption of Compliance .................... 21 No Use Prior to Approval ..................... 22 Changes 22 ...................................... Approval and Disapproval ..................... 22 i BK699PG369 ARTICLE V: ADMINISTRATION 5.01 Authority .................................... 25 5.02 Establishment of Architectural Review Board... 25 5.03 Property Owners Association .................. 26 5.04 Duties and Functions of Association .......... 27 5.05 Covenant for Assessments ..................... 29 5.06 Liability for Assessments .................... 31 5.07 Remedies of the Association in Event of Default ................................. 31 5.08 Subordination of Lien to Mortgages ........... 32 ARTICLE VI: ENFORCEMENT 6.01 Preventive Remedies .......................... 33 6.02 Right of Entry ............................... 33 6.03 Enforcement Rights ........................... 33 6.04 Cumulative Remedies .......................... 35 6.05 Failure to Enforce Not a Waiver of Rights .... 35 6.06 Assignment of Rights and Duties .............. 35 6.07 Constructive Notice and Acceptance ........... 36 6.08 Waiver ....................................... 37 ARTICLE VII: DURATION, MODIFICATION AND REPEAL 7.01 Duration of Protective Covenants ............. 38 7.02 Termination and Modification ................. 38 ARTICLE VIII: MISCELLANEOUS i 8.01 Variance ..................................... 39 8.02 Effect of Invalidation ....................... 39 8.03 Notice ....................................... 40 8.04 Interpretation ............................... 41 8.05 Captions ..................................... 41 8.06 Governing Law ................................ 41 ARTICLE IX: DEFINITIONS .................................. 41 SCHEDULE A: DESCRIPTION OF PROPERTY OF DECLARANT i i. 46 0 BMB : fmc1 2339(1) 11-21-88 BK699PG370 DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR WES`t'VIEW BUSINESS CENTRE, FREDERICK COUNTY, VIRGINIA THIS DECLARATION OF PROTECTIVE COVENANTS AND RESTRIC- TIONS made and entered into this 15th day of November, 1988, by GEORGE W. GLAIZE, JR. and CAROLYN G. GLAIZE, his wife, and GEORGE W. GLAIZE, JR., TRUSTEE OF THE GEORGE W. GLAIZE, JR. PROFIT SHARING TRUST. RECITALS WHEREAS, the owner desires to create on the property and any additions thereto a business center with open spaces and a planned mix of office, light industrial and commercial uses, and desires to provide for the preservation and enhancement of the property values, amenities and opportunities within the Property and for the maintenance of the real estate and improvements thereon, and to this end desires to subject the Property to the covenants, restrictions, easements, charges and liens hereinafter set forth. NOW, THEREFORE, WITNESSETH: That Declarant, GEORGE W. GLAIZE, JR. and CAROLYN G. GLAIZE, his wife, and GEORGE W. GLAIZE, JR., TRUSTEE OF THE GEORGE W. GLAIZE, JR. PROFIT SHARING TRUST, hereby declare that the said Property described in Schedule A, and any additional property that may subsequently be subjected to this Declaration by Declarant, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set ;; BKG99Pc371 forth. The Declaration shall run with the land and every part thereof and shall be binding upon and inure to the benefit of all Owners, lessees, licensees, Occupants and their successors as set forth in this Declaration. The capitalized terms used herein shall have the meanings as defined in Article IX of -this Declaration. Masculine singular pronouns are used only as a matter of convenience and shall be construed to include persons of any gender or number. ARTICLE I PURPOSE 1.01. It is the purpose of this Declaration to assure the orderly and attractive development of the Property in an efficient and harmonious manner, to preserve and enhance property values, amenities and opportunities within the Property, to promote the health and safety of the Occupants and to maintain a harmonious relationship among the structures and the natural vegetation and topography thereon. Tnis Declaration is designed to complement the Frederick County Zoning Ordinance and other local and state government regulations and ordinances, and where conflicts occur, the more rigid requirement shall prevail. ARTICLE II PERMITTED AND PROHIBITED USES k 2.01. PERMITTED USES. i! .' r (a) No portion of the Property shall be used except for one or more of the following permitted uses, as �. defined in the Frederick County Zoning Ordinance in effect as if of the date hereof, and uses accessory thereto, provided such. 2 I`1 IIV' BK699PG372 ;. operation and use is performed and carried out entirely within a Building that is designed and constructed in such manner that the operation and use shall not cause or produce a nuisance, as set forth in Section 2.02. below: (1) The following uses are permitted by right: (i) Business service and supply service establishments. Communication facilities. Establishments for scientific research, development and training, and light manufacturing compatible with such scientific uses. (iv) Clean room manufacture, research and development, assembly, packaging, processing, testing and repair of components, devices, equipment and systems and parts and components such as, but not limited to, the following .examples: • coils, tubes, semi -conductors • communication, navigation control, transmission and reception equipment • control equipment and systems, guidance equipment and systems • data processing equipment and systems • glass edging, beveling and silvering • graphics, art equipment • metering instruments • optical devices, equipment and systems • phonographs, audio units, radio equipment and television equipment • photographic equipment • radar, infrared and ultra -violet equipment and systems • scientific mechanical instruments and testing equipment • computer assembly • pharmaceutical manufacture • plastic processing and assembly. (v) medical care facilities. (vi) offices, corporate offices and headquarters. (vii) Personal,service..establishments (not including massage establishments). (viii) Public uses. (2) The following uses are permitted with the prior 3 BK699PG373 written consent of Declarant, not to be -unreasonably withheld: ( i_ ) Child care centers. (ii_)' Commercial indoor swimming pools, tennis and similar courts with proper (iii) screening. Cultural centers, museums and similar facilities. (iv) Eating establishments (not including fast food restaurants). (v) Educational institutions. (vi) Health clubs. (vii) Hotels, motels and conference centers. (viii) Private clubs and public benefit associations. (ix) Quasi -public parks and playgrounds. (3) The following uses are permitted with the prior written consent of Declarant, which may be conditioned or withheld at Declarant's sole unfettered discretion: (i_) Retail establishments primarily for convenience of occupants of the Park, including but not limited to, fast food restaurants, car washes, quick service food stores, dry cleaners. (ii) Theatres. (iii) Warehousing establishments. (iv) Wholesale trade establishments. (v) Banks and branch banks with drive-in facilities, financial institutions. (vi) Other uses which may be permitted under the zoning classification applicable to the Property as provided in the Zoning Ordinance in effect at the time. 2.02. PROHIBITED USES. (a) No portion of the Property shall be used for any use other than those listed in Section 2.01(1) above, and uses accessory thereto, unless prior written approval is obtained from the Declarant. (b) No communication towers, satellite earth stations, dish antennae, or exterior radio/TV antennae shall be permitted without the prior written consent of the Architectural Review Board (the "Board"), as provided in 4 e�699PG37 h Article V, which consent shall not be unreasonably withheld. (c) Approval from any public agency notwithstanding, no operation will be permitted which creates objectionable noise, smoke, odors or which in any other way, in the opinion of the Board, will constitute a nuisance or degrade the value of the real estate within the Property. (d) No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Site, except in approved waste containers in screened areas in locations at the rear or sides of Building approved by the Board. ARTICLE III DEVELOPMENT STANDARDS 3.01. PLAN APPROVAL REQUIRED. No Improvement shall be constructed, erected, placed, altered, added to, maintained or permitted to remain on the Property until the plans shall have been submitted to and approved in writing by the Architectural Review Board as provided in Article IV; provided, however, that said approval requirements shall not apply to Declarant with respect to development of Common Areas or the installation of streets, walkways, utilities and other public facilities to serve any Lot or Site. The Board shall have the authority to promulgate reasonable Development Guidelines ("Development Guidelines"), designed to implement .the objectives of this Declaration. The Development Guidelines may be amended from time to time by the Board. Copies of the Development Guidelines and any amendments thereof shall be provided to each Owner. 5 I 0 0 UK699PG375. 3.02. BUILDING LINES. All setbacks shall be subject to approval of the Board. No Building shall be located on any one or more Lots nearer to the Lot line than the following minimum setbacks: (a) Front yard setback - Seventy -Five (75) feet (except 35 feet along Victory Lane in B-2 zone). Corner lots shall be considered as having two front yards. (b) Side yard setback - Fifty (50) feet. (c) Rear yard setback - Fifty (50) feet. 3.03. SITE DESIGN. A. Location of Parking Lots. The curb or edge of any parking lot, loading zone or service area, shall not be closer than 25 feet from the front street curb or from any property line. B. Property Design. Design of the Property as a total integrated complex is required. Building design in terms of massing, scale, color and circulation shall relate to adjacent Buildings and to the total development. Orientation of uses shall be based upon site considerations, uses of adjoining Buildings, visual impact and overall circulation patterns. When multiple structures are planned as part of a project under single ownership, they shall be designed in a unified architectural and spatial manner. C. Minimum Lot Size. The minimum lot size shall be 1 acre, except that this requirement shall not apply to condominiums or other horizontal properties. 3.04. BUILDING MATERIALS AND DESIGN. A. Exterior Walls. Exterior wall materials 0 • li BK699PG376 shall be subject to review and approval by the Architectural Board and shall be brick, glass, or Dryvit or its equivalent; however, the method of application must be approved by the Board, or such other materials as may be approved by the B. Exterior Equipment. Exterior mechanical and electrical equipment, including without limitation air conditioning equipment, air handling equipment, transformers, transclosures, pump houses, communication towers, vents and fans, whether mounted on the roof or walls of any Building or on the ground, shall be placed or screened so that the predominant design lines of the Building or structure continue without visual distraction or interruption. if any such equipment is not screened by the Building exterior walls, such equipment shall be separately screened either by approved building materials or otherwise, such as by berming or dense landscaping. The height of any such screening shall be at least equal to the height of the equipment to be screened. All roof mounted equipment and screening for such equipment shall be subject to review and approval by the Board. 3.05. AU`i'OMOBILE PARKING. A. On -Site Parking Required. The Owner of each Lot or Site shall provide adequate.automobile parking on such Owner's Lot or Site capable of accommodating the reasonable parking needs of its employees, visitors and company vehicles. No use or activity shall be permitted on any Lot or Site of the Property, unless adequate parking is provided on the Lot or Site for such use or activity in accordance with the terms and conditions set forth herein;,and 7 GK699PG377 in the event that the parking requirements on any Lot or Site increase as a result of a change in use of the Lot or Site or as a result of an increase in the number of employees working at the Site, it shall be the Owner's responsibility to provide additional parking areas, as approved by the Board, either on the Site or elsewhere, in order to accommodate such increased parking requirements. Such additional parking areas shall be provided prior to, or concurrently with, the institution of such changed use or the employment of such additional employees. B.' ' Off -Site Parking. Each Owner or Occupant of any Lot or Site.shall use its best efforts to prevent its employees, lessees, agents, contractors, customers and visitors from parking on any public street within the Property. If any Owner or Occupant of a Lot or Site, or any of its employees, lessees, agents, contractors, customers or visitors shall park their vehicles on any street within the Property, and if such use is not discontinued after written notice from the Westview Business Centre Owners Association (the "Association") or its authorized representative that such use is in violation of this Declaration, the Association or its authorized representative shall have the right to assess a charge for each day that each vehicle is parked on a public street in the amount of $25.00 or the then effective charge for illegal parking in the County of Frederick, Virginia, whichever is greater. Such charge, together with all costs and expenses incurred by the Association in the enforcement of this Section 3.05, shall be assessed against, and shall be 8 o1c699ec378 payable by, the Owner, regardless of whether it is such Owner's vehicles that are parked on the street or the vehicles of the Occupant of the Lot or Site, or of any of their employees, agents, contractors, customers or visitors, it being the responsibility of the Owner to see to it that such vehicles are not parked on any street at any time. Further, the Association shall have the right to cause vehicles parked on any Common Area or public street within the Property to be removed by towing or otherwise to a licensed garage for storage until called for by the owner of the vehicle or his agent, provided that notice of such action shall first or simultaneously therewith be given to at least one of the local law -enforcement officers. In the event of such removal or storage, the owner of the vehicle involved shall be chargeable with and the said vehicle may be held for a reasonable charge for its removal and storage. C. Parking Area Standards. Parking areas shall be paved with asphalt or concrete and shall have concrete curbs around their perimeters. Other special paving materials may be used to accent special entrance areas or walkways, if approved by the Board. In the front and on the side of Buildings, paved parking areas larger than twelve (12) parking spaces shall have landscaped islands and areas intermittently spaced, as approved by the Board. D. Screening. All parking shall be screened from view as well as possible by depressing grades, by use of landscaping, and/or by earth berms. E. Fences. No fences shall be allowed in the development without the prior written approval of the Board of Architectural Review. Any permitted fences shall be 8KG99PG379 3.06. TRUCK LOADING AND PARKING. All loading docks shall be located in the rear of the Buildings or screened from view so that trucks using such docks will not be readily visible from public streets. All loading docks shall be screened from view by the Building, by landscaping, walls or decorative fencing as approved by the Board and shall be at least the height of the vehicle(s) being screened from sight. Except during the process of loading or unloading, trucks and commercial vehicles shall not be parked outside the Building overnight, unless parked in the rear or in suitably screened areas. 3.07. OUTSIDE STORAGE. No outside storage of any type will be permitted without written approval of the Board. When such approval is given, the outside storage area shall be totally enclosed with a screen approved by the Board so that 1' storage is not visible from the neighboring Buildings or property or the street. 3.08. LANDSCAPING. A. Landscape Plan. All open areas on each Lot not occupied by Buildings and paved areas shall be suitably graded and drained and shall be landscaped with lawns, trees and shrubs. The landscape plan submitted to the Board for approval as part of the Plans shall show such things as the preservation of natural areas, the planting of trees, shrubs and grass and installation of earth berms and screens and optional underground sprinkling systems. Plant material shall be in conformance with American Association of Nurserymen Standards for Nursery Stock, latest edition (ANN). Landscaping, as approved by the Board, shall be installed 10 BK699PG380 within one planting season of occupancy or within six months of substantial completion of any Building, whichever occurs first, provided that an extension may be granted by the Board in the event of inclement weather. The date of substantial completion shall mean that date on which the exterior walls and roof have been installed. The installation and maintenance of all landscaping on each Site shall be done in a good and workmanlike manner. B. Maintenance. All landscaping on each Lot, including landscaping located within any easements reserved by Declarant for such purpose, shall be properly maintained by the Owner of the Lot, which maintenance shall include all necessary cutting, watering, fertilizing, aerating, spraying, pruning and required replacements. However, the Association may assume responsibility for the maintenance of landscaping within the easement area reserved to Declarant for landscaping and related purposes, as described in Section 3.09 below. Dead or damaged planting material shall be promptly replaced. C. Tree Removal. No healthy tree with a diameter exceeding eight (8) inches may be removed without the approval of the Board, which approval shall not be unreasonably withheld where removal of such trees is required in connection with the location of a Building or paved area. Reasonable care shall be exercised to preserve trees and assure that they remain healthy. 3.09. EASEMENT FOR LANDSCAPING AND RELATED PURPOSES; COVENANT TO DEDICATE FOR STREET WIDENING. 11 OK699PG38I A. Easement Abutting Public Streets. There shall be and is hereby reserved to Declarant a perpetual and nonexclusive easement over any Common Area, for the purpose of erecting and maintaining street intersection signs, directional signs, temporary promotional signs, lawns, shrubbery, lighting, entrance features and/or "theme areas", lights, stone, wood or masonry wall features and/or related landscaping. Additional easement rights and areas for landscaping and related purposes as described herein may also be shown on plats of street dedication and/or subdivision of portions of the Property, and may be reserved in deeds, which may incorporate the provisions of this Section 3.09 by reference. In addition to the above, the owner hereby reserves a perpetual and non-exclusive easement 25 feet in width along U. S. Route 50, Victory Lane, and all interior roads, for the purposes set forth in this section. 3.10. EXTERIOR LIGHTING. All exterior lighting shall be designed, erected, altered and maintained in accordance with the final drawings and specifications as approved by the Board. Lighting shall be compatible and harmonious throughout the entire Property and shall be in keeping with the specific use of the Building. Lighting sources, except for street lights, shall be screened from view. Minimum hours of operation for display lighting and security lighting shall be established by the Board of Directors of the Association and shall be set forth in the Rules and Regulations to be promulgated by the Association and distributed to all Owners. If automobile and truck parking areas are illuminated, the' 12 0 OK699PG382 light sources shall be screened to reduce visible glare from the street. All outside wirings for exterior lighting shall be installed underground. 3.11. SIGNS AND GRAPHICS A. Approval. All signs of every nature shall be uniform and consistent with the overall development of the Property and subject to the prior written approval of the Board as to size, shape, color, material, design, wording and location. The applicant shall also secure the appropriate required sign permits from the County of Frederick. B. Building Wall Signs. One building -mounted sign for business identification purposes only shall be permitted for each street frontage of a Building. C. Names of Buildings or Developments. The proposed names to be used on any Buildings or -in connection with any development in the Property must be submitted to the Board for review, and written approval of the Board must be obtained prior to any public use or display of such proposed name, which approval shall not be unreasonably withheld. D. Temporary Signs. Temporary signs may be erected on a Lot or Site (i) by Persons offering for sale or lease premises on such Loot or Site, or (ii) by builders, lenders, and architects involved in the construction and design of Buildings,on such Lot or Site. These signs shall be designed in accordance with the Development Guidelines, and the design, size, location and,number of signs shall be subject to the prior approval of the Board. Signs offering 13 BK699PG383 property for sale or lease shall be removed within thirty (30) days after completion of sale or lease of the property. Construction signs shall be removed within thirty (30) days of completion of the shell of the Building. 3.12. UTILITIES A. Utilities. All new utility lines, including electrical and telecommunication lines, shall be installed and maintained underground. B. Reservation of Utility.Easements. Declarant shall have the right to create at any time by recordation of an appropriate instrument among the land records of Frederick County, Virginia, temporary or perpetual easements for the purpose of locating, installing and maintaining utility and drainage lines, walkways and trails, and the right of access to said easement areas for construction, utility maintenance and emergency vehicles, over, under, or across any and all lands within the Property except (i) Building locations previously approved by the Board and any applicable government authority or (ii) areas of a Lot or Site which now or hereafter are reasonably set aside by the Owner as proposed planned Building locations and which, if submitted for governmental approval as a Building location, Owner reasonably believes would satisfy all state, local and federal regulations, statutes and ordinances, and which are consistent with sound engineering and architectural principles and practices. The Declarant shall have the right to assign the benefit of any such easement to any electric company, gas company, telephone company, cable television company, 14 GK699PG384 communication company, Board of Supervisors of Frederick County, Frederick County Sanitation Authority, or other public utility or to the Commonwealth of Virginia, or any subdivision thereof for the purpose of installing, operating and maintaining utilities provided, however, that the Person that directs any entry upon said land under any such easement shall restore said land, at such Person's own expense, to as nearly as.practicable the same condition as existed prior to each such entry, installation or maintenance. Such restoration shall include the backfilling of trenches, the replacement of fences and the resodding of lawns, the reseeding of pasture and woodland areas, and the replacement of shrubbery, but not the replacement of structures, trees or other natural obstructions. For the purpose hereof_"utilities" shall include gas mains and lines, electric cables and lines, water supply mains and lines, storm water sewers, sanitary sewers, telephone, telegraph and television and other communication cables and lines, and other facilities of the nature from time to time commonly regarded as utilities. No conveyance by Declarant of any portion of the Property, or any interest therein, shall be deemed to be, or construed as, a conveyance or release of the right to create easements herein reserved, even though such conveyance purports to convey such property in fee simple or purports to convey Declarant's entire interest therein. 3.13. CONSTRUCTION. Once commenced, construction shall be diligently pursued to completion. No construction or building materials, vehicles or mobile buildings shall be BK699PG385 located or stored within street rights -of -way or landscape easements. 3.14. MAINTENANCE DURING CONSTRUCTION. During construction the Owner shall be responsible for keeping the premises in reasonably neat condition, preventing the accumulation of trash, and shall prevent runoff of soil from the Site onto adjacent property or the streets. Streets providing access to a Lot or Site shall be cleaned daily by the Owner or. Owner's contractor to remove dirt resulting from construction activity on behalf of said Owner. Any damage to private streets, curbs, gutters and any disturbed off -site areas shall be promptly repaired. Until all public streets and rights -of -way providing access to the Property have been accepted for inclusion in the State highway system and for maintenance by the Virginia Department of Transportation and all such responsibility for the maintenance and repair of all such public streets and rights -of -way has been fully assumed by the Virginia Department of Transportation, each Owner shall be responsible for the prompt repair of any damage to such streets and rights -of -way caused in whole or in part, directly or indirectly, by any construction activity taking place on the Owner's Lot or Site, or by construction equipment, trucks and other vehicles or equipment traveling to and from an Owner's Lot or Site, including any damage to the pavement, curb and gutter, and other improvements located within or adjacent to the said streets or rights -of -way. 3.15. MAINTENANCE. No Building or other Improvement on the Property shall be permitted by its Owner or Occupant to 16 BK699PG386 fall into disrepair, and each such Building and other improvement shall at all times be kept in good condition and repair, property maintained and adequately painted or otherwise finished, clean and safe. All asphalt or concrete pave surfaces shall be resurfaced or sealed as needed and all potholes shall be promptly repaired. Unimproved sites shall be maintained in a reasonably neat condition, free of debris. 3.16. STORM DRAINAGE SYSTEMS. Owners may participate in any storm water management program established or to be established for the Property by Declarant and/or the Association designed to serve their properties by separate agreement with the Declarant and/or the Association. Participating Owners shall contribute to the cost of installing and/or maintaining the common retention areas and other shared storm water management facilities ("Storm Water Management Facilities") on a contractual basis, as set forth in the written agreements between the participating Owners and the Declarant and/or the Association (the "Storm Water Management Facilities Agreement"). 3.17 REZONING. For a period of fifteen years from the date hereof, no Owner or contract purchaser of any Lot or Site shall apply for rezoning, special use permit or special exception for any part of the Property without the prior written consent of the Board of Directors of the Association, which consent may be granted or withheld in their sole, unfettered discretion. 3.18. ENVIRONMENTAL PROTECTION. Owners and Occupants shall comply with all federal, state and local governmental 17 BK699PG387 statutes, ordinances and regulations relating to environmental protection, in relation to the Property. ARTICLE IV PLAN APPROVAL PROCEDURES 4.01. REQUIRED PROCEDURES. The Owner or his designated representative shall be required to present his development proposals to the Board in at least two (2) submissions. The Applicant shall bear the reasonable costs incident to the review procedures hereafter set forth. 4.02. PRELIMINARY SUBMISSION. There shall be a preliminary submission at which time the Owner or his designated representative shall submit three (3) full sets of preliminary plans and specifications at the scale set forth in the development Guidelines, showing or stating at least the following: (a) Master plan for full development of the Site; (b) Site plan and schematic design of area proposed for immediate development showing: (1) location of all structures, easements, street rights -of -way, and set -back lines; (2) location of all walks, parking areas, off-street loading areas, driveways and outside storage areas; (3) location of all landscaping features and existing trees to be preserved, and limits of clearing and grading; (4) Site coverage data and 18 OK699PG388 calculations; (5) parking data and calculations, including base data for projected needs; (6) Site drainage plans, data and calculations; and (7) Contour grading plan including spot elevations at appropriate locations. (c) Architectural Building elevation drawings of each Building face including without limitation materials to be used in their proper locations; (d) Building materials and color information, with samples to be submitted if -available; (e) Description of proposed uses. Within thirty-one (31) days of the receipt of the preliminary plans and specifications, a meeting shall be held between the Board and the Owner or his designated representatives and the Board shall provide to the Owner or his designated representative written comments as to said preliminary plans and specification for guidance in preparation of the final construction drawings and specifications. Within three business days of receipt of all required plans and specifications, the Board shall so notify the Owner in writing and the aforesaid thirty-one day period shall commence on the date of such notification. 4.03. FINAL SUBMISSION. There shall be a final submission to the Board at which time the Owner or his designated representative shall submit detailed information in writing regarding the proposed use of the Lot or Site, copies 19 BK699PG389 of all applications for permits and any accompanying correspondence, site plans, erosion and sedimentation control plans and other plans to be submitted for governmental approval and three (3) full sets of final construction drawings and specifications (the "Plans") at'the scale set forth in the Development Guidelines, showing -or stating all aspects of the proposed development, including without limitation the following: (a) location of all structures, easements, street rights -of -way, and set -back lines; (b) location of all walks, driveways and curb lines; (c) layout and location of all parking areas, including location and dimensions of all spaces, circulation aisles, curbs and bumpers; (d) layout and location of all off-street loading areas; (e) layout and location of all outside storage areas, including identification and size of the material to be stored and location and dimensions of all fencing and screening; (f) all landscaping, including location, height, spread, type and number of trees and shrubs and location and type of all ground cover and lawn material, and existing trees and limits of clearing and grading; (g) location,.height, intensity and fixture type of all exterior lighting; (h) location, size and type of all pipes, 20 BKG99PG390 lines, conduits and appurtenant equipment and facilities for the transmission of sanitary sewage, storm water, water, and other utility services; (i) location, size and type of all fencing; (j) architectural floor plans, Building elevation, wall sections and details of each Building; (k) Building material and color information, including samples; (1) temporary construction sign design; (m) permanent sign design; (n) Site coverage data and calculations; (o) parking data and calculations, including base data for projected needs; (p) Site drainage data and calculations, including finished contour lines and spot elevations; (q) description of proposed use; and (r) such other data as may be specified in the Development Guidelines. 4.04. SCALE AND DETAIL. All architectural plans and construction drawing submitted shall be to a scale of not less than one -quarter inch (1/411) equal to one foot (11); and all site plans submitted shall be to a scale of not less than one inch (111) equal to fifty feet (501), unless otherwise specified in the Development Guidelines. 4.05 PRESUMPTION OF COMPLIANCE. Upon written approval of the final Plans for the development of any Lot or Site, as provided in section 4.08, subject only to any express reservations or conditions contained in such approval, all 21 BK699PG391 development shown by such Plans shall be deemed to comply with the requirements of this Declaration. Upon written approval of any specific variance or exception permitted by Section 8.01 hereof from the requirements of this Declaration, all development conforming to such variance or exception shall be deemed to comply with the requirements of this Declaration. 4.06. NO USE PRIOR TO APPROVAL. No Building, structure or Improvement of any kind shall be commenced, installed, erected, placed, assembled, altered, occupied or permitted to remain on any Lot or Site, nor shall any use be commenced on any Lot or Site, unless and until the final Plans for the same (including a description of the proposed use) have been submitted to, reviewed and approved by the Board in accordance with this Article IV. No Owner or Occupant shall apply to any public authority for any construction or building permits for any project before the final submission of the development proposals to the Board. 4.07. CHANGES. No construction or use that is inconsistent with,'in addition to, or materially different from any previously approved Plans shall be commenced or permitted until the Plans reflecting such change or addition have been submitted to and approved by the Board in accordance with this Article IV. 4.08. APPROVAL AND DISAPPROVAL. A. Standards. The Board shall have the right to disapprove the Plans and other specifications, or details submitted to it if they are not in accordance with this Declaration or the Development Guidelines, if they are 22 9K699PG392 incomplete, or if the Board reasonably determines the Plans and such specifications, or.details, or any part thereof, -to be deficient from an engineering or design standpoint or to be inferior to a degree determined to be contrary to the best interest of the Property and the Owners. In this connection, the Board may base its approval or disapproval on, among other things, compliance with Articles II and III hereof, the architectural design concept, the adequacy of Lot or Site I dimensions, conformity and harmony of external design with neighboring Sites and types of operations and uses thereof, relation to topography, grade and finished ground elevation of the Lot or Site being improved to that of neighboring Sites, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical, air conditioning or rooftop installations, and conformity of the Plans to the purpose and general plan and intent of this Declaration; provided, however, that the height and density of the development will not be restricted beyond the requirement`s of the Frederick County Zoning Ordinance. The Board shall not arbitrarily or unreasonably withhold its approval of any Plans, but the decision of the Board shall be final. B. Statement of Reasons for Disapproval. In any case where the Board shall disapprove any preliminary or final Plans submitted hereunder, or shall approve the same 3, only as modified or upon specified conditions, notice of 'such,' disapproval or qualified approval shall be accompaniedby,a statement of each specific reason therefor. In any such case; the Board, if requested, shall -make reasonable efforts to; 23 •tr ' 4=' BK699PG393 i> assist and advise the applicant in the preparation of E', acceptable final Plans, at the sole cost of the applicant, C. Time for Approval. In the event the Board fails to approve, disapprove or request any additions or supplemental information relating to any final Plans within thirty-one (31) days after such final Plans are fully submitted, such plans shall be deemed to have been approved and this Article IV shall be deemed to have been fully complied with. Within three business days of receipt of all required final Plans, the Board shall notify the Owner in, writing and the aforesaid thirty-one day period shall commence on the date of such notification. D. Liability for Violation. Any Person violating this Article IV shall be liable for all costs incurred by any Person who seeks to enjoin or otherwise remedy such violations, including, but not limited to, attorney''; fees and court costs. E. Copies. Upon approval by the Board of any final Plans submitted hereunder, two (2) copies of such i final Plans, as approved, shall be retained by the Board., F. Expiration of Approval. If work is ,not commenced within one year from the date of such approval,'j then the approval given pursuant to this Article IV shall be'd,eemed revoked by the Board, unless the Board extends the time for commencing work. In any event, all work covered by suchi; approval shall be complete within three years of the commencement thereof, except for such period of time as such completion is rendered impossible or would result in ,great J 24 , 8K699PG394 hardship due to strikes, fires, national emergencies, critical materials shortages, or other intervening forces beyond the control of the Owner, lessee, licensee or Occupant or his' agent, unless the Board extends the time for completion.:. Costs of Board to be reimbursed by Applicant. i ARTICLE V ; ADMINISTRATION 5.01. AUTHORITY. This Declaration shall be administered by the Association, except for those functions 1 specifically reserved herein for Declarant. 5.02. ESTABLISHMENT OF ARCHITECTURAL REVIEW BOARD. A. Appointment of Board. An Architectural Review Board shall be appointed as provided hereinafter and shall be organized as follows: (a) The Board shall consist•of three persons. At least one of the members of the Board shall bean architect or engineer licensed to practice in Virginia, whose cost of service shall be borne by the Association. (b) The right to appoint and remove all members of the Board shall be and is hereby vested solely in Declarant, until such time as seventy percent (70%) of the Assessable Land has been sold by Declarant, at which time the right to appoint the members of the Board shall vest in the Association, or at such earlier date as Declarant may elect. The Board of Directors of the Association ("Association �• Board") shall then have the right to appoint Board members by plurality vote and to remove Board members by majority vote. M BK699ps995 (c) During the period when the right .to appoint the members of the Board rests solely in Declarant, in the event that Declarant fails to fill a vacancy on the Board for more than ninety (90) days, the vacancy may be filled by the Association Board. B. Liability. Neither Declarant, the Board, nor any member thereof, nor any agent of Declarant ,or the Board shall have any liability of any kind in connection with the performance of the duties of the Board. 5.03. PROPERTY OWNERS ASSOCIATION. A. Establishment of Association. The Declarant has established or shall establish a Property Owners Association which shall be a non-profit organization incorporated in the Commonwealth of Virginia.for the purposes hereinafter set forth. The name of the Association shall be Westview Business Centre Owners Association, or such other name as Declarant may select. B. Membership. The Owner of each Lot or Site within the Property shall be a member of the Association, and shall be bound by the Association's Bylaws. Each member's proportionate voting power shall be based upon the sum ofithe square footage of land in a member s Site as a percentage of the sum of the total square footage of all land in the Property owned by members of the Association ("Assessable Land"). When more than one Person holds an interest in any Lot or Site, all such Persons shall be members and the vote for such property shall be exercised as 'they among themselves shall determine. The Person who shall be entitled to cast the 26 1• III 1 .BK699PG396 vote of the Owners of such Lot or Site shall be the Person (who may be the agent of the Owners) named in a certificate executed by all of the Owners of the lot or Site and filed with the Secretary of the Association; however, in the absence of such named Person from a meeting, another Owner of such Lot or Site who is present at the meeting shall be entitled to cast the vote for such Lot or Site, unless otherwise provided in the certificate. C. Board of Directors. The members of,the Board of Directors of the Association shall be elected by the members of the Association, in accordance with the Bylaws,of the Association; provided, however, that the Declarant shall have the right to appoint and remove a majority of the Association Board until seventy percent (70%) of the Assessable Land has been developed or final Plans have been approved by the Board for development. 5.04. DUTIES AND FUNCTIONS OF ASSOCIATION. (a) Subject to the provisions of its Bylaws, the Association shall assume such duties and functions of the Declarant provided herein as may be specifically transferred to the Association by the Declarant. Other functions of the Association shall include, but not be limited to, maintenance of all Common Areas, including snow removal, construction, operation and maintenance of recreational facilities, walkways, trails and other improvements on the Common Area; payment of insurance premiums; payment of taxes on any,Common Area owned in fee simple by the Association; and administration and enforcement of this Declaration, including 27 is '.f ■ BK699PG397 staff requirements and expenses for the operation of the Association. (b) Subject to the provisions of its Bylaws, the Association may also assume responsibility for snow removal from the streets, driveways and walkways within the Property; maintenance of the lawns and shrubbery, signs, lighting and walls within the easement area abutting the public streets as reserved in Section 3.09; maintenance of landscaping within public rights -of -way; and special promotional events for the benefit and enjoyment of all Owners and Occupants of Sites in the Property. (c) Subject -to the provisions of its Bylaws, the Association may also assume responsibility for (i) the installation and maintenance of Storm Water Management Facilities, upon the terms and conditions set forth in Storm Water Management Facilities Agreements, as provided in Section 3.16. (d) The Association shall, upon demand, and for a reasonable charge, furnish to any Owner or Mortgagee a certificate signed by an officer of the Association stating whether the assessments and charges on a specified Lot or'Site have been paid. A properly executed certificate of the Association as to the status of assessments and charges on a Lot or Site is binding upon the Association as of the date of its issuance. (e) The Association shall, upon request and at reasonable times and places, make available to Owners and Mortgagees copies of the Association Documents and all books, j 28 I . •�E. ' I'. Ali • G�699PG398 records and financial statements of the Association. A reasonable charge may be imposed for reproduction costs and delivery of copies of such items. (f) Any Owner or Mortgagee shall be entitled to an unaudited financial statement for the preceding fiscal year of the Association, prepared within sixty (60) days after the close of the fiscal year and delivered. at the expense of the Association within a reasonable time following the Owner's Or Mortgagee's request therefor. (g) The association will give timely notice to any Mortgagee requesting the same as to: (i) any delinquency (unless cured within sixty days) in the payment of assessments or other amounts owed the Association by the Owner of a Lot or Site on which there is a Mortgage held by such Mortgagee; (ii) any lapse, cancellation or. material modification of any insurance policy or fidelity bond maintained by the Association; and (iii) any proposed action which would amend any provisions of the Association documents which are for the express benefit of Mortgagees. 5.05. COVENANT FOR ASSESSMENTS. (a) The Declarant, George W. Glaize, Jr. and Carolyn G. Glaize, hereby covenant and each Owner by acceptance of a deed of real estate within the Property is deemed to covenant and agree to pay the Association: (i) annual general assessments or charges for the performance of the duties and functions 29 a aK699PG399 of the Association as set forth in paragraphs (a), (b), (d) and (e) of Section 5.04; (ii) special assessments for any capital improvements, but the amount of the special assessments for capital improvements on the Common Area or easement areas in any year shall not exceed the amount of the general assessment for that year without the assent of members owning sixty-five percent (65%) of the Assessable Land; (iii) special assessments to benefited Owners for Storm Water Management Facilities, where applicable; (iv) special assessments levied against an Owner and his Lot or Site to reimburse the Association for costs incurred in bringing such Owner and his Site into compliance with the provisions of the Association Documents, which special assessment may be levied upon the majority vote of the Association Board after notice and an opportunity for a hearing. (b) Each member's annual general assessment or charges and special assessment for capital improvements.!,. shall be apportioned, based upon the sum of the square footage of land in a member's Lot or Site as a percentage of Assessable Land; provided, however, that vacant Lots or S%tes (including Lots on which no certificate of occupancy has, been issued for any portion of the Lot) shall be assessed at the', 30 tN BK G 9 9 PG 4 00 I il, A1: ' •;t�iiy Ifi >;� f R,' 3. �rl,�;' rate of twenty-five percent (25%) of the annual assessment,or•: special assessment for capital improvements; and provided,.. further, that there shall be no assessment for capital J11. 'N; ! improvements on any portion of the Property owned by li r Declarant. The amount of the assessments will be determined by a majority vote of the Association Board, at least thirty fir.'(;;: (30) days prior to an assessment period, and written notice of the assessments and due dates shall be sent to every Owner subject thereto. q . The initial assessment for a vacant Lot or Site shall be adjusted on a pro rata basis for the remainder of the assessment period when a certificate of occupancy is issued for a portion of such Lot or Site or, with respect to the portion of the Property owned by Declarant, when construction liff of at least one Building has commenced on the Site. 5.06. LIABILITY FOR ASSESSMENTS. The annual assessments and special assessments for capital improvements, Storm Water Management Facilities, and other charges provided i in this Declaration, together with such interest thereon'and u. costs of collections thereof, as hereinafter provided, shall be a charge on the land and Improvements thereon and shall. be a continuing lien upon the Lot or Site against which each such I. assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Person who was the Owner ,of , such Lot or Site at the time when the assessment fell due., 5.07. REMEDIES OF THE ASSOCIATION IN EVENT OF `I.:;•! DEFAULT. If any assessment or charge is not paid within ;. s i 31 'I , . J�jl �l r BK699PG401 thirty (30) days after the due date, the assessment or charge shall bear interest from the due date at the rate of eighteen; percent (18%) per annum. If an assessment or charge is not paid by the due date, it shall become delinquent and the Board may thereafter send a notice of such delinquency to the Owner, in conformity with the provisions of Section 8.03, stating that if the delinquent assessment or charge is not paid in full within thirty days after the date of such notice the Association Board shall thereafter file a written notice of such delinquency (the "Lien Notice") among the land records to evidence the lien upon the Lot or Site against which such assessment or charge was made. Such Lien Notice, setting forth the amount of such unpaid assessment or charge,the, name of the Owner of the Lot or Site and the legal description.of the Lot or Site, shall be signed by an officer of the Association and shall be recorded.in the office of the Clerk of the Circuit Court of Frederick County, Virginia. The Association may bring an action as law against the Owner personally obligated to pay the same to collect such indebtedness and to enforce the lien against the property; and interest, costs and reasonable attorney's fees of any such! action, including the filing of the Lien Notice, shall.be',, added to the amount of the assessments and charges due., No Owner may waive or otherwise escape liability for the assessments or charges provided for herein by non-use ofthe;;; Common Area or abandonment of his Lot or Site. 5.08. SUBORDINATION OF LIEN TO MORTGAGES. The lien of the assessments and charges provided for herein shall be 32 N 11 �tm BK699PG4 02.. subordinate to the lien of any Mortgage made in good faith and' for value. Sale or transfer of any Lot or parcel of land,. shall not affect the assessment lien. However, the sale or transfer of any Lot or parcel of land pursuant to a f! foreclosure, or any deed or assignment in lieu thereof, shall'; extinguish the lien of such assessments and charges as to payments thereof which became due prior to such sale or I. transfer. No sale or transfer shall relieve the grantee from;, liability for any assessments and charges which thereafter become due or from the lien thereof. �l , ARTICLE VI U ENFORCEMENT 6.01. PREVENTIVE REMEDIES. The Board, the y{. Association or any Owner, lessee or licensee may proceed at i J: law or in equity to prevent the violation of this Declaration. ,f 6.02. RIGHT OF ENTRY. During reasonable hours, subject to reasonable security requirements, the Board, the �. Association and their authorized representatives shall have the right to enter any part of the Property, but'not the: sl"' it inside of Buildings, for the purpose of ascertaining whether =;F this Declaration has been or is being complied with. Any such entry pursuant to Article VI hereof shall constitute an authorized entry and the Association, the Board or their agents and representative shall not be deemed liable for any,;;. manner of trespass for such action. i 6.03. ENFORCEMENT RIGHTS. The Association or its �i duly authorized agents shall have the right, upon reasonable notice, at any time and from time to time following violation;, ,33 tia i •I or breach of this Declaration, (a) to enter upon the Lot or, Site upon or as to which said violation or breach exists and summarily to abate and remove, at the expense of the Owner thereof, any structure, object or condition that may be or exist there contrary to the intent and meaning of this Declaration (including, without in any way limiting the generality of the foregoing, the care and maintenance of landscaping and lawns, care and maintenance of Improvements, removal of trash and debris, removal of dirt from streets I, resulting from construction activity, abatement of nuisances,, removal or relocation of signs, etc.) and/or (b) to institute,," a proceeding at law or in equity against the Persons who have violated or are attempting to violate any of the provisions'o.f this Declaration, to enjoin or prevent them from doing so,,to. cause said violation to be remedied and/or to recover damages for said violation. In the event, pursuant to this paragraph, the duly authorized agents of the Association enter upon any Lot or Site for the purpose of abating or removing any. violation or breach of this Declaration, neither the Person entering nor the person directing the entry shall be deemed liable for any manner of trespass for such action, and the Owner of such Lot or Site shall promptly reimburse the Association for the cost thereof. Payment of such amount shall be secured by a lien against the land and improvements,, of such Owner, which lien may be foreclosed and/or enforced in. any manner available at law or in equity. However,.as ;? provided in Section 5.08, such lien shall be inferior to any:' Mortgage made in good faith and for value. If such amount 34 i .Ili'WII BK 6 9 9 PG4 0 4 not paid in full within thirty (30) days after such owner is billed therefor by the Association, then the Association may institute appropriate action to enforce the collection of such amount, together with interest from the due date at the highest rate then permissible under the laws of the Commonwealth of Virginia, but not to exceed an annual rate':Of,,,, eighteen percent (18%). If such suit is brought for the collection of such indebtedness, the Association shall also be'.. entitled to recover reasonable attorney's fees and all costs il:' of such suit. All rights of the Association under this Article VI are optional and not obligatory and shall not impose any duty or obligation on the Association. 6.04. CUMULATIVE REMEDIES. The remedies hereby specified are cumulative, and this specification shall not.be,1! is deemed to preclude any aggrieved Person's resort to any other';i remedy provided hereunder or at law, in equity or under any, statute. ' 6.05. FAILURE TO ENFORCE NOT A WAIVER OF RIGHTS.. :No delay or failure on the part of an aggrieved Person to invoke,•, - any available remedy in respect to a violation of any provision of this Declaration shall be held to be a waiver by.; the Person of (or an estoppel of that Person to assert) any right available to him upon recurrence or continuance of said: A. violation or the occurrence of a different violation, nor;:. shall there be imposed upon Declarant, the Board or the f. Association a duty to take any action to enforce this J; declaration. 6.06. ASSIGNMENT OF RIGHTS AND DUTIES. Any and all 1 35 W: 0 6K699Pc►E05 of the rights, powers and reservations of Declarant herein contained may be specifically assigned by Declarant to any Person, and upon any such Person consenting in writing to accept such assignment and assume such rights, powers and duties, he shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. No conveyance by Declarant of any part of the Property or any interest therein shall be deemed to be, or construed as, an assignment of any right or power reserved herein to Declarant,' unless said right, power or reservation is specifically transferred or assigned by Declarant. The term Declarant as used herein includes all such assignees, who are specifically;;;, assigned said rights, powers and reservations, and their successors and assigns. Any assignment or appointment made under this section shall be in recordable form and shall be a recorded among the land records of Frederic]c County, Virginia.'�' i 6.07. CONSTRUCTIVE NOTICE AND ACCEPTANCE. Each Owner, lessee, licensee and Occupant, by acceptance of a deed i conveying title to a part of the Property, or the execution of a contract for the purchase thereof, or the acceptance of;a lease or license therefor, or the taking possession thereof, whether from Declarant or other Owner or lessee, shall accept.' such deed, contract, lease, license or possession upon and subject to each and all of the provisions of this Declaration;;:{ and also the jurisdiction, rights and powers of Declarant and,", his successors and assigns, and by such acceptance shall for,'""!!, himself, his heirs, personal representatives, successors and.;', 36 i I�I�I 4 BK099PG406:,i;,� assigns, covenant, consent and agree to and with Declarant, his successors and assigns, and to and with the other Owners and lessees to keep, observe, comply with and perform the l! .I,, requirements of this Declaration, whether or not any reference'.,! {, to this Declaration is contained in the instrument by which, �t such Person acquired said interest. Every Person who now or hereafter owns or acquires any right, title, or interest in or` `4I to any portion of the Property is and shall 'be conclusively, i deemed to have consented and agreed to the provisions of this !' Declaration,whether or not any reference.to this Declaration T is contained in the instrument by which such Person acquired an interest in said real property. Notwithstanding the foregoing, Owners, lessees, licensees, and Occupants agree to! (i , refer to this Declaration in deeds, leases and licenses covering any portion of the Property and to make this i Declaration binding upon all Owners, lessees, licensees and, Occupants. 6.08. WAIVER. Neither Declarant, the Board, the I. Association or any member thereof, nor their successors or assigns shall be liable for damages to any Owner, lessee, licensee, or Occupant of a portion of the Property by reason(,i. of any mistake in judgment, negligence, nonfeasance, action o,r. l! inaction in the administration of the provisions of this Declaration or for the enforcement or failure to enforce this,:; Declaration or any part thereof; and every Owner, lessee, licensee or Occupant, by acquiring an interest in the Property, agrees that he will not bring any action or suit: against Declarant, Declarant's successors or assigns, or then.; i 37 It • ,i'i 0 0 OK699PIG It07 Board, or the Board of Directors of the Association, or any member thereof, from time to time, to recover any such damages or to seek equitable relief on account of their enforcement or non -enforcement of this Declaration. ARTICLE VII DURATION, MODIFICATION AND REPEAL{ i , �f I 7.01. DURATION OF PROTECTIVE COVENANTS. This Declaration shall continue and remain in full force and effect-. at all times with respect to the Property and each part thereof (subject, however, to the right to amend, vacate and repeal as provided for herein) for a period of fifteen (15) years from the date of recordation of this Declaration among j the land records of Frederick County, Virginia, and shall be .` si automatically extended thereafter for successive periods of ten (10) years each, subject to termination as provided below.;; 7.02. TERMINATION AND MODIFICATION. This ai Declaration, or any provisions hereof, may be terminated, modified or amended, or this Declaration may be vacated as to a portion of the Property, with the written consent of the i iq•,,1V , Owners of at least sixty-five percent (65%) of the square feet' of Assessable Land; provided, however, that so long as Declarant or an Affiliate of Declarant owns at least thirty ,,; percent (30%) of the Assessable Land, no such termination, amendment or modification shall be effective without the written approval of Declarant. Further, such termination," ji.',j_,fl modification or amendment of this Declaration shall be effective until a written instrument setting forth the terms thereof has been executed by the Owners of at least �' ;j: {, 38 f, 7 ?.R� t ! � I t t� 1 t.il�l tt . 1 4' 'ii' ,f t .' �t•' II j� I OX699PGIt08 t .I r ' I �' t.l •!i•. II .f 1�• sixty-five percent (650) of the,square feet of.Assessable Land,j,,,. and said instrument has been recorded in'the land records of Frederick County; provided, however, that any part of the Property may be dedicated or conveyed for public street or other public use free and clear of this Declaration by execution and delivery of a deed by the Owner to the appropriate governmental body. ARTICLE VIII MISCELLANEOUS 8.01. VARIANCE. The Declarant shall have the right .{' to grant reasonable variances from provisions of the Declaration or any portion hereof, in order to overcome k. I practical difficulties and to prevent unnecessary hardship in the application of the provisions contained herein, provided, ' however, that said variances shall not, in the opinion of a I' majority of the Association Board, materially injure or f !i adversely impact any of the real property or Improvements within the Property. No variance granted pursuant 'to the authority herein reserved shall constitute a waiver of any I provisions of this Declaration as applied to any other Personi'';;.':,` ' 4 i 1 or real property. "f it 8.02. EFFECT OF INVALIDATION. If any provision of J. j' this Declaration is held to be invalid or unenforceable by any:".j I' Court, the invalidity of such provision shall not affect the validity of tthe remaining provisions of this Declaration, "i'J:; 'I f ai which shall continue unimpared, in full force and effect and ;.�., i fl.,. + shall be construed to the fullest extent practicable as if '.; F11. such invalid or unenforceable provisions had not been included;,.;,I� (! 39 Ir r ! I • .!I � It'i iT, q sK699PG409 I ,';, iIl' , jj�l in this Declaration. it � • `I 1, i!�` 8.03. NOTICE. Any and all notices or other communication required or permitted by this Declaration or by law to be served on or given to Declarant shall be in writing I,II and shall be deemed duly served and given when personally delivered, or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, certified.or registered mail, return receipt requested, `. addressed to Declarant as follows: t. George W. • Glaize, _Jr . , Trustee of the George W. Glaize, Jr. Profit Sharing Trust George W. Glaize, Jr. Carolyn G. Glaize 817 Dutton Place Winchester, VA 22601 For purposes of this paragraph, Declarant may change its address by a notice.of change of address to each owner within the Property and to each Mortgagee requesting said ! notice of whose address the Declarant has been notified in r: til writing. Notice to any Owner, or to the lessee, licensee, or I Occupant holding under any Owner or to any Mortgagee shall be y deemed duly served when personally delivered to the Person to I'r whom it is directed, or in lieu of such personal service, when i1;'I';�y- deposited in the United States mail, first-class postage I11,1 14. prepaid, certified or registered mail, return receipt !i t: requested, addressed to (i) the Owner at the address as shown 1k ' kl in the Frederick County tax records, and to such other address'' or addresses as designated by the Owner, in writing to the Declarant and the Association; and (ii) to the Mortgagee at the address as designated by the Mortgagee in writing to the 40 •iK • •'• II i;, iI I, i 111��, BKG99PG410 Association and the Declarant. 8.04. INTERPRETATION. This Declaration shall be interpreted for the mutual benefit and protection of the yl ; ;;;•% Owners and Occupants of the Property and in furtherance of the basic goals of this Declaration. Any discrepancy, conflict or h' h Mn be found herein shall be resolved and 4 II ambiguity w is y determined by the Declarant and, in the absence of an ' I�: adjudication by a court of competent jurisdiction to the contrary, such resolution and determination shall be final. ;;►. 8.05. CAPTIONS. The paragraph headings and captions are inserted only as a matter of appearing in this Declaration convenience and for reference and in no --way limit or otherwise affect the scope, meaning or effect of any provisions of this I r, Declaration. �I 8.06. GOVERNING LAW. This Declaration and rights of Illj the Owners of the land within the Property shall be governed by the laws of the Commonwealth of Virginia. L, ARTICLE IX (;I DEFINITIONS f, 9.01. Unless the contest otherwise specifies or � IIi`1 requires, each term defined in this Article IX shall for all purposes of this Declaration, have the meaning herein respectively specified. (a) Declarant. The term "Declarant" shall j i., mean George W. Glaize, Jr. and Carolyn G. Glaize, and George W. Glaize, Jr., Trustee of the George W. Glaize, Jr. I y ` ' ' Profit Sharing Trust, and any entities directly or indirect I,�,ii, r i y controlled b or under common control of Declarant, whether 41 ` {,►I J.. `, i j t j I &! 8K6 9 9 through the ownership of voting securities or by contract, partnership agreement, trust agreement or otherwise, and such assignees and successors who are specifically conveyed or assigned particular rights or powers reserved herein to Declarant as provided in Section 6.06 herein. (b) Assessable Land. The term "Assessable Land" shall mean all land within the Property owned by members of the Association (not to include Common Area owned in fee simple by the Association). (c) Association. The term "Association" shall mean the Westview Business Centre Owners Association or such other name for the Property Owners Association as the Declarant may select. (d) Association Board. The term "Association Board" shall mean the Board of Directors of the �f& Association. (e) Association Documents...The term "Association Documents" shall mean this declaration, the Articles of incorporation and Bylaws of the Association, Development Guidelines and any Rules or Regulations i f promulgated pursuant to any of the foregoing, all as -the same may be amended from time to time. JI Board. The term "Board" shall mean the Architectural Review Board created pursuant to Article V. (g) Building. The term "Building" shall include both the main portion of such Building and all projections or extensions thereof, including garages, outside;,; ��N;N platforms and docks, carports, canopies, porches, balconies 42 =a f� 1.111� I�i All s.K699PG412 and appurtenant structures. (h) Common Area. The term "Common Area" or "Common Areas" shall mean and refer to all real property (including the improvements thereto) in which the Association a;. holds an interest for the common use and enjoyment of the members of the Association, and such areas of easements and rights -of -way granted or assigned to the Association for the common use and enjoyment of the members of the Association for which the Association has assumed the responsibility for maintenance. (i) Declaration. The term "Declaration" { shall mean this Declaration of Protective Covenants and Restrictions, and any amendments or supplements thereto. ' U) Improvements. The term "Improvements" shall mean Buildings, underground installations, slope :i alterations, roads, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, t windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other structures or landscaping �i improvements of every type and kind. I" (k) Lot. The term "Lot" shall mean a portion of the Property designated as a lot or parcel of land on a plat of subdivision or resubdivision of the Property recorded heretofore or hereafter, or on a governmentally approved site plan, and includes any Building or other Improvements now or hereafter appurtenant to that land. (1) Mortgage. The term "Mortgage" shall mean a mortgage or deed of trust securing an indebtedness held 1,1;- 43 P 0 • 6K699PG413 by a Mortgagee. (m) Occupant. The term "Occupant" shall be all-inclusive and shall mean any Person who occupies a part of the Property as Owner, lessee or licensee, or in any other capacity. (n) Owner. The term "Owner" shall mean the Person(s) who hold the record title to a Lot or Site, but excluding those having such interest merely as security for the performance of an obligation. (o) Person. The term "Person" shall mean any natural person, corporation, partnership, trust or other entity. (p) Property. The term "Property" shall mean the real property known as Westview Business Centre, and any additions thereto that are subjected to this Declaration by Declarant or an Affiliate of Declarant. (q) Protective Covenants. The terms "Protective Covenants" or "Covenants" shall mean the h protective covenants and restrictions set forth in this Declaration, as they may from time to time be amended or supplemented. (r) "Rules and Regulations. The term "Rules and Regulations" shall mean the rules and regulations adopted ;i by the Board of Directors of the Association, as amended from time to time, pursuant to the provisions of the Bylaws of the! Association, to implement the objectives of this Declaration.i-',; (s) Site. The term "Site" shall mean all I' contiguous real property in the Property under one ownership.; 44 'y5 . • i BK699pB414 IN WITNESS WHEREOF, the parties hereto have caused this Declaration to be executed, and George W. Glaize, Jr. has executed this Declaration in his capacity as Trustee. (SEAL) GEOW. G AI ', R. (1431\Cky-�CCLZJL_ (SEAL) V u--� • �/� (SEAL ) GORGE W. GLIaZE, JR., TRUSTEE OF THE GEORGE W. GLAIZE, JR. PROFIT SHARING TRUST STATE OF VIRGINIA, c OF �G�� a l`t•o:�c:ti , TO -WIT: I, rl e ZtgcfC;IJLIa a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that GEORGE W. GLAIZE, JR., individually and as TRUSTEE OF THE GEORGE W. GLAIZE, JR. PROFIT SHARING TRUST, and CAROLYN G. GLAIZE, whose names are signed to the foregoing Declaration of Protective Covenants and Restrictions for Westview Business Centre, Frederick County, Virginia, dated the 15th day of November, 1988, have personally appeared before me and ,kilpl• � ,,�� acknowledged the same in my State and jurisdiction aforesaid. ��1 �.' ,•;',� y Given under my hand this '-�a day of 6VEm £R 1988:. tt OF 5• My commission expires • .i i% 45 BK699PG415 SCHEDULE A All those certain tracts or parcels of land lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 144.499 Acres in the aggregate, and being more particularly described as Parcel 1 (129.985 Acres), Parcel B (11.843 Acres) and Parcel "Zoned A-2, 2.671 Acres", and more particularly described by plats of survey drawn by H. Bruce Edens, C.L.S., dated January 22, 1986, and April 25, 1988, attached hereto and by this reference made a part hereof as if set out in full; and being the same property conveyed to George W. Glaize, Jr. and Carolyn G. Glaize, his wife, by deed dated December 13, 1985, from Zetta P. Garber, widow, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 607 at Page 669, and by deed dated December 12, 1985, from Zetta P. Garber, widow, of record in the aforesaid Clerk's Office in Deed Book 607"at Page 665, and by deed dated January 9, 1986, from Ferman W. Perry, et ux, of record in the aforesaid Clerk's Office.in Deed Book 609 at Page 224, and by deed dated April 26, 1988, from Percy C. Shepherd, et ux, of record in the aforesaid Clerk's Office in Deed Book 679 at Page 69; and being the same land conveyed to George W. Glaize, Jr., Trustee of the George W. Glaize, Jr. Profit Sharing Trust, by deed dated December 12, 1985, from Zetta P. Garber, widow, of record in the aforesaid Clerk's Office in Deed Book 607 at Page 661.