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03-96 Master Dev Plan File Whitehall Business Park - Backfile (2)
mDP#bo 3-9 6 V * STAFF MASTER DEVELOPMENT PLAN CHECKLIST This application is not complete if the following are not included: SUBMISSION PACKAGE 1. Comments sheets from the following agencies along with any marked copies of the plan; VDOT City of Winchester ti Sanitation Authority Health Department Inspections Dept. P/Q-- Parks & Recreation VFire Marshal County Engineer /*-�i -� Q r-f- vl One copy of the master development plan application i rPa 25 copies of the plan on a single sheet One reproducible copy of the plan (if required) A 35mm. slide of the plan TRACKING Date /1- 0 -q5 Application received 2 f I - %Ac1 S -Fee Paid (amount $ Z 3,3� ) ;I;L/-% Preliminary MDP heard by Planning Commission - Action taken-Ar P r6 VA )-�M6 Preliminary MDP heard by Board of Supervisors - Action taken L 3 -a6 Letter to applicant regarding action and revisions. ✓Final MDP submitted with review agency, P/C and BOS comments addressed. 64-% Final MDP signed by County Administrator and Planning Director. (send two copies to applicant) I95 /- 31- �6 9�0 OW ��--h� LAP')'^ • 6-6-06 % .X,fi�ln �� G��G I & - io- Rc. �'°Du�a'� „a���uea(�on &MiW4 12,9V. dQ�. CASH r RECEIPT Date ig,71024761 Received From Address {� Dollars $ For AMT OF CASH . - ACCOUNT - .. AMT. PAID CHECK By BALANCE MONEY DUE ORDER NOTES: 0 TO ►WHITE H REST CHURCH RD. ROUTE 669 n v SI TE A1-1 C6- W a ~ J ti RAGE R7 v v< REST �� DUHcgN S �vN VICINITY MAP SCALE: 1 " = 2000' z-,-x b, b, -�g 16K892P 0234 RD. M 1. BOUNDARY INFORMATION/MONUMENTATION SHOWN HEREON IS BASED ON INSTRUMENTS OF RECORD AS INDICATED HEREON AND AN ALTA/ACSM LAND TITLE SURVEY PREPARED BY BOWERS & ASSOCIATES, P.C. ON THE PROPERTY OF RAINBOW GROUP AND PEN DAY ENTERPRISES, INC. DATED 10/13/95, RECERTIFIED 7/14/96, REVISED 9/10/96 (REFERENCE B&A FILE No. C-771) AND A LOT CONSOLIDATION PLAT PREPARED BY BOWERS & ASSOCIATES, P.C. DATED 1/31197 AND RECORDED IN DEED BOOK 873, AT PAGE 1800 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. MERIDIAN SHOWN HEREON IS BASED ON RE —DIVISION PLAT OF WHITE HALL BUSINESS PARK, RECORDED IN DEED BOOK 750, AT PAGE 1810 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. THIS RIGHT OF WAY DEDICATION PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND DOES NOT PURPORT TO REFLECT ALL EASEMENTS, ENCUMBRANCES OR OTHER CIRCUMSTANCES AFFECTING THE TITLE TO THIS PROPERTY. 4. THIS PLAT HAS BEEN PREPARED PURSUANT TO "FLYING—J TRAVEL PLAZA" PLANS PREPARED BY HARRIS, SMARIGA & ASSOCIATES, INC. PROJECT #6552-0—FLYJ, SHEETS C-6, C-13 & C-14, DATED APRIL 1996, REVISED AUGUST 8, 1997 AND RIGHT—OF—WAY DEDICATION PLATS PREPARED BY BOWERS & ASSOCIATES, P.C., DATED SEPT. 19, 1997 AND RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AT DB 889, PG 507; DB 889, PG 514, DB 889, PG 522 AND DB 889, PG 529. LEGEND: S.F. SQUARE FEET AC. ACRES IPF IRON PIPE FOUND IRF IRON ROD FOUND DB DEED BOOK PG PAGE P.A.E. PRIVATE ACCESS EASEMENT ESMT. EASEMENT R/W RIGHT OF WAY ex. EXISTING CENTERLINE P.I.N. PARCEL IDENTIFICATION NUMBER VDOT VIRGINIA DEPARTMENT OF TRANSPORTATION B.R.L. BUILDING RESTRICTION LINE AREA TABULATION: P.I.N. 39—((A))-2 12,554 S.F. 0.2882 AC. PROPERTY OF RAINBOW GROUP P.I.N. 39—((9))-1 79,089 S.F. 1.8156 AC. PROPERTY OF CFJ PROPERTIES TOTAL AREA OF 91,643 S.F DEDICATION (THIS PLAT) PLAT SHOWING I,TH OF DEDICATION OF PUBLIC RIGHT OF WAY FOR ZACHARY ANN LANE 1. & VACATION OF A PORTION OF THE EXISTING PRIVATE ACCESS EASEMENT ON THE PROPERTY OF: ANDALL C. Mc NTIRE RAIN13OW GROUP CERTIFICATE No. DEED BOOK 867, PAGE 521 173 AND l << 13 9 CFJ PROPERTIES g DEED BOOK 867, PAGE 670 t 2.1038 AC. Date: Sept. 23, 1997 Scale: AS SHOWN Proj. No: 950907.04 Tech: CMH Drawn: LAA Fld: DG Chkd: 1 CMH Sheet 1 of 3 DEED BOOK 867, PAGE 674 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Dw No. A-172 9 Bowers Conoulting Q Associates, P.C. Engineers Surveyors Revisions: 11/17/97 CLIENT REVISIO Landscape Architects 104-1 Church St., S.E., Leesburg, Va. 20175 (703) 777 — 0063 (metro) 475 — 8576 �PRINTED NOV I PP, rrl q BOWERS & ASSOC. T3 W H/T HAI C REST TA R 889 61?0 2 f' G 0 2 3 5 B 8 89�' PG 5 07 RAINeO(64)�_2 � 89, PG 529 S 7g•14,4DR 867 pGROLIP 64 44' E 21 �RF L71oity;/ z I a o S 7 614 9 ' 47 E 0.01 a oo��or I I z O \ J ca 0 Q QL OL m J I I a azi Z 9 / 33— cc ))-1 ^^ 4 ^ �� LOT 1 WHITE HALL FLYING J I DB 873, PG 1800 RF CFJ PROPERTIESDB *35?'� 867, PG 670 DB 867, PG 674 o t / J h/ m O 4 1'ja 3 p W �L l / NOTE: A PORTION OF THE EXISTING P.A.E. / RECORDED IN DB 747, PG 1052 & DB 750, PG 1810 WAS ABANDONED / IN DB 867, PG 666. MON POUND • 00 L5:1ct 0 f— Iv. c_o � a1-to W r W0Uc' 1---rmaaa �W Qcon N WHO p0 m 0 oa / �5' BRA GRAPHIC SCALE 200 0 100 200 400 IN I 2p PG, 9J6 �� 1 inch FEET ft. .4,, ..,, .1 7n.:'.. r',r.J 15d1Sl.% ' tW 1011 f; L%3Libo-iiq sv 10 r PLAT SHOWING H OF _ i�x PEQIQAWN , OF PUBLIC RIGHT OF WAY FOR!tZACHARY ANN LANE VJ bogoo& VACATION` OF A PORTION OF THE 1iuc� nvAdEXISTING PRIVATE ACCESS EASEMENT k ON THE PROPERTY OF: cE T E . > t,RAINBOW GROUP CERTIFICATE NO. DEED BOOK 867, PAGE 521 1731 AND CFJ PROPERTIES 1 DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Date: Sept. 23, 1997 Scale: 1" = 200' Proj. No: 950907.04 Tech: CMH IDrawn: LAA Fld: DG Chkd: CMH Sheet 3 of, '3 Dwg. No. A-172 Bowel's Coneulting 6L Associates. P.C. Engineers Surveyors Revisions: 11/14/97 CO. COMMENTS & NOTATION Lcndacape Archltects 11/17/97 CLIENT REVISION L,f 104-1 Church St.. S.E.. Leesburg. Va. 20175 (703) 777 — 0083 (metro) 478 — 8578 pRIN1E� NOV I R 19` i 1 gOW ERS & ASSpC. OK892PG0236 VIRGINW* FCC COUP" WE Th�S,Jnetrument o rifJn� was roduced t4 ,moq day of .1si , at ! and with certificate of acknowle pment thereto annexed was adMitted to record. Tax Imposed by Sec. §8.1-802 of i. and 58.1-801 have been paid, if assessable. 4-e� jD , Clerk WNER'S CERTIFICATION aKo92�)b0219 41)KE DEDICATION OF RIGHT OF WAY FOR PUBLIC STREET PURPOSES SHOWN HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER(,). 1U /p' "4 �: i: // � 9 CFJOrROPERTIES (�I`GNATURE) NAME: TI TLE: FOR: ADDRESS: STATE OF U1(A,Y, COUNTY OF TO WIT SUBSCRIBED AND SWORN TO BEFORE ME IN MY STATE AND COUNTY AFORESAID THIS DAY 0 19 rT NOTARY PUBLIC MY COMMISSION EXPIRES " 4, '0 - - - - v—.-.-.7 i I yr. -- + RAIN BO GROU IGNATURE) NAME: F{e yi,/ C. B v(?,-iL.e-✓ T� TITLE: pAll� I FOR: R#j AJ&0 V G19-Ot)t ADDRESS: I g0 ?. S'. C Ll v-0a L) Al16 1 1'06 STATE OF COUNTY OF �eOCAI . TO WIT: SUBSCRIBED AND SWORN TO BEFORE ME IN MY STATE AND COUNTY AFORESAID THIS 7-4 DAY OF m 19 7 . NOTARY PUBLIC G ' MY COMMISSION EX IRES Amu-_�po� DATE • N A IA. 1 UA.ERY �-,m 3wiu bawd P%)4 n, W&h WHIM i 1Fti m► Coml mrift IDIOM AI�uN +. IMF Lrl /1601,7 DATE zL(ao 1 "A o' ;T;i w \;O SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE LAND SHOWN HEREON AS BEING DEDICATED FOR PUBLIC STREET PURPOSES IS NOW IN THE FOLLOWING NAMES: P.I.N. 33—((A))-2 RAINBOW GROUP DEED BOOK 867, PAGE 521 COUNTY OF FREDERICK DEPT. OF PLANNING & P.I.N. 33—((9))-1 DEVELOPMENT CFJ PROPERTIES DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 AMONG THE LAND REC RD OF FREDERICK COUNTY, VIRGINIA. �i C DV. UBDIVISION ADMINISTRATOR C. McENTIRE DATEJDALL MOOF VIRGINIA CERTIFICATE No. 1731 LAND SURVEYOR PLAT SHOWING Date: Sept. 23, 1997 PI,'TH op yl� L DEDICATION OF PUBLIC RIGHT OF WAY FOR ZACHARY ANN LANE Scale: AS SHOWN & VACATION OF A PORTION OF THE EXISTING PRIVATE ACCESS EASEMENT Proj. No: 950907.04 ON THE PROPERTY OF: Tech: CMH Drawn: LAA ALL C. Mc IRE RAINBOW GROUP CERTIFICATE NO. 1731 DEED BOOK 867, PAGE 521 AND Fld: DG Chkd: CMH DEED B OK O P PAGE E O Sheet 2 of 3 DEED BOOK 867, PAGE 674 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA pw No. A-172 9 Bowers Q Associates. P.C. Revisions: Consulting Englnasrs • Surveyors Londscopa Arch ltects 104-1 Church St.. S.E.. Laaeburg. Va. 20175 (703) 777 — 0063 (metro) 478 — 8576 m N 0 r- 1O 'UNITE HALL RROU CHUE 6RCH RD. 6,9 n P�-SITE a_ m z � Q 0 F RIDGE REST �� DON, S �vN 4.i Y Co 2 ti 8K892JIG 0220 RD. VICINITY MAP NOTES: SCALE: 1 " = 2000' 1. BOUNDARY INFORM ATION/MONUMENTATION SHOWN HEREON IS BASED ON INSTRUMENTS OF RECORD AS INDICATED HEREON AND AN ALTA/ACSM LAND TITLE SURVEY PREPARED BY BOWERS & ASSOCIATES, P.C. ON THE PROPERTY OF RAINBOW GROUP AND PEN DAY ENTERPRISES, INC. DATED 10/13/95, RECERTIFIED 7/14/96, REVISED 9/10/96 (REFERENCE B&A FILE No. C-771) AND A LOT CONSOLIDATION PLAT PREPARED BY BOWERS & ASSOCIATES, P.C. DATED 1 /31 /97 AND RECORDED IN DEED BOOK 873, AT PAGE 1800 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. MERIDIAN SHOWN HEREON IS BASED ON RE -DIVISION PLAT OF WHITE HALL BUSINESS PARK, RECORDED IN DEED BOOK 750, AT PAGE 1810 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. THIS RIGHT OF WAY DEDICATION PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND DOES NOT PURPORT TO REFLECT ALL EASEMENTS, ENCUMBRANCES OR OTHER CIRCUMSTANCES AFFECTING THE TITLE TO THIS PROPERTY. 4. THIS PLAT HAS BEEN PREPARED PURSUANT TO "FLYING-J TRAVEL PLAZA" PLANS PREPARED BY HARRIS, SMARIGA & ASSOCIATES, INC. PROJECT #6552-0-FLYJ, SHEETS C-6, C-13 & C-14, DATED APRIL 1996, REVISED AUGUST 8, 1997 AND RIGHT-OF-WAY DEDICATION PLATS PREPARED BY BOWERS & ASSOCIATES, P.C., DATED SEPT. 19, 1997 AND RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AT DB 889, PG 507; DB 889, PG 514, DB 889, PG 522 AND DB 889, PG 529. LEGEND: S.F. SQUARE FEET AC. ACRES IPF IRON PIPE FOUND IRF IRON ROD FOUND DB DEED BOOK PG PAGE P.A.E. PRIVATE ACCESS EASEMENT ESMT. EASEMENT R/W RIGHT OF WAY ex. EXISTING CENTERLINE P.I.N. PARCEL IDENTIFICATION NUMBER VDOT VIRGINIA DEPARTMENT OF TRANSPORTATION B.R.L. BUILDING RESTRICTION LINE AREA TABULATION: P.I.N. 39-((A))-2 12,554 S.F. 0.2882 AC. PROPERTY OF RAINBOW GROUP P.I.N. 39-((9))-1 79,089 S.F PROPERTY OF CFJ PROPERTIES TOTAL AREA OF 91,643 S.F DEDICATION (THIS PLAT) PLAT SHOWING 'TH pF DEDICATION OF PUBLIC RIGHT OF WAY FOR ZACHARY ANN LANE & VACATION OF A PORTION OF THE EXISTING PRIVATE ACCESS EASEMENT ON THE PROPERTY OF: %NDALL C. Mc NTIRE RAINBOW GROUP CERTIFICATE NO. DEED BOOK 867, PAGE 521 173 AND L Il 13 9 CFJ PROPERTIES DEED BOOK 867, PAGE 670 1.8156 AC. 2.1038 AC. Date: Sept. 23, 1997 Scale: AS SHOWN Proj. No: 950907.04 Tech: CMH j Drawn: LAA Fld: DG IChkd: CMH I Sheet 1 of 3 DEED BOOK 867, PAGE 674 Dw No. A-172 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA 9 Bowel's Associates. P.C. Revisions: Consulting Engineers Survwyore 11/17/97 CLIENT REVISION& Londscops Architects 1 04-1 Church St-, S.E., Leesburg, Vc, 20175 (703) 777 — 0063 (metro) 478 — 8578 RsST c,U RC H U892PG9221 %?v�ra 5T;y ROUlt p 889P 60 35 w ITE H 1 89' PC 5 07 RAINBD�Iq 8 Mi. f ALL, VA 9' PG S29 S 79 •� 4 , Dg 86 7 PGROUP LLJ Wm a � ti 2a 0� Q �W LU � o Oe Z �mOZv�3 I J Q O \ 64 44,7 E 521 S 79-14'47., 60.01 E 4a4,0� m J I I o�^'o'a IT J ,n /� Z 33—((9))-1 / a ^ ^ z LOT 1 o WHITE HALL I MI �I FLYING J DB 873, PG 1800 Q CFJ PROPERTIES 1360Q N DB / 867, PG 670DB , 867, PG 674 / I3Im LAJ O � o hl .NI NI ro Q i SO. lit (o !� O Z 00 U / / I Imo L'j00 'VDOT MON. FOUND T— CIO O `t ct r o00N � W f- Jmaaa Q�o00 C/)03 ti )Q LLJ 1Coco O NOTE: A PORTION OF THE EXISTING P.A.E. 2 a ^ / RECORDED IN DB 747, PG 1052 & I� DB 750, PG 1810 WAS ABANDONED / IN DB 867, PG 666. I DUNCAN, / fRF ` S RUN a.Rl GRAPHIC SCALE 200 0 100 200 400 'q /RF IN FEET) 1 inch = 200 ft. � PLAT SHOWING Date: Sept. 23, 1997 TH 0F. DEDICATION OF PUBLIC RIGHT OF WAY !' FOR ZACHARY ANN LANE Scale: 1" = 200' & VACATION OF A PORTION OF THE EXISTING PRIVATE ACCESS EASEMENT Proj. No: 950907.04 ON THE PROPERTY OF: cE TI E RAINBOW GROUP Tech: CMH Drawn: LAA CERTIFICATE No. DEED BOOK 867, PAGE 521 11 AND Fid: DG Chkd: CMH llL7�3 9��. CFJ PROPERTIES DEED BOOK 867, PAGE 670 Sheet 3 of 3 DEED BOOK 867, PAGE 674 [Dwg.No. A-172 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Bowers Associates, P.C. Revisions: Consulting Engineers Surveyor• 11/14/97 CO. COMMENTS & NOTATION Landscape Architects 11/17/97 CLIENT REVISION 104-1 Church St., S.E., Leesburg, Va. 20175 (703) 777 — 0083 (metro) 478 — 85745 g8921%0222 VIRGINIA: FREDERICK COUNTY, SCT. Thi etrument oj �w�rits�g was rod t me o th dayof_1J!SL.lG=—,o �,at..s", m and with outificate of acknowledgment thereto annexed was to record. Tax Imposed by Sec. 18.1-802 of $! MW 88.1-801 have been paid, U assessable. 4zatt. /• . . Clerk Prepared by: CFJ Properties 50 West 990 South Brigham City, UT 84302 gX 8 9 2 PG 02 23 ��� Iv DEED FOR PUBLIC RIGHT -OF -WAS' THIS DEED, Made this day of November, 1997, by and between THE RAINBOW GROUP, a Virginia corporation hereinafter designated as Grantor, and the COUNTY OF FREDERICK, VIRGINIA, Grantee; WITNESSETH: In consideration of the benefits accruing or to accrue to the said Grantor, by reason of the location and construction, or other improvement of part of Zachary Ann Lane, along, through, or over the lands of the Grantor, and for further consideration paid to the Grantor, receipt of which is hereby acknowledged, the said Grantor hereby grants and conveys unto the said Grantee in fee simple, with general warranty, each as to the land owned by Grantor hereby conveyed, a strip or parcel of land needed for the location and construction or other improvement of said road subject to all easements, conditions, restrictions, taxes and reservations of record. All the said strip or parcel of land is in Stonewall magisterial District of Frederick County, Virginia as described on Exhibit A and B attached hereto and incorporated herein by this reference. The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid road as they affect its respective properties have been fully explained to Grantor or its authorized representatives. The said Grantor covenants that it has the right to convey the said land to the Grantee. The said Grantor covenants and agrees for itself, its heirs, and assigns and successors, that it has been made aware of its right to receive just compensation for the land herein conveyed, and that the considerations hereinabove mentioned and paid to Grantor shall be in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of said road. Tif Dated this day of 0 J , 1997. THE RAINBOW GROUP, a Virginia Partner By % Ronald Simkhovitch, Partner By: (�t7w-� M- ,�66 Henry Buettner, Jr., Partner 41 STATE OF VIRGINIA ) )ss COUNTY OF FREDERICK ) 6K892PG0224 The foregoing instrument was acknowledged before me this day of Ilemb 24 1997, by Ronald Simkhovitch and Henry Buettner, Jr., partners and authorized signatories for 1 HE RAINBOW GROUP, a Virginia partnership. my Cc:a^ "c_cn Explras November;, j My Commission expires Notary Pu d c 4L� Bowers & Associates PC Consulting Engineers. Land Surveyors and Landscape Architects g� 9 ? Ps n METES AND BOUNDS DESCRIPTION PROPERTY TO BE CONVEYED FOR PUBLIC RIGHT-OF-WAY FOR ZACHARY ANN LANE PART OF THE PROPERTY OF THE RAINBOW GROUP DEED BOOK 867, PAGE 521 PARCEL IDENTIFICATION NUMBER 33-((A))-2 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA NOVEMBER 14, 1997 EXHIBIT A BEING all of that certain (remainder of) "Parcel 1" described in Deed Book (D.B.) 867, Page (PG.) 521, less and except that certain portion conveyed as public right -of --Nay in D.B. 889, PG. 525 and otherwise being part of the property conveyed to the Rainbow Group in said D.B. 867, PG. 521 and being all of that certain property intended to be conveyed for public right-of-way for Zachary Ann Lane. BEGINNING at an iron rod found (lRF), a corner to Fruit Hill Orchard, Inc. (D.B. 365, PG. 242) and Lot 1, White liall Flying J (D.B. 873, PG. 1800), property of CFJ Properties (D.B. 867, PG. 670 and D.B. 867, PG. 674); and also being a corner to that certain "Parcel 2" described in the aforementioned D.B. 867, PG. 521 (other lands of Rainbow Group) and a corner to the aforesaid (remainder of) "Parcel 1": Thence departing said Fruit Hill Orchard, Inc. and Lot 1, White Ha11 Flying J and running with said "Parcel 2" and with the outline of the (remainder oO "Parcel l" and the herein described property intended to be conveyed for public right-of-way; N 11 055'23" E, 189.20' to a point, said point being a corner to the aforementioned public right-of-way conveyed in D.B. 889, PG. 525, the same being a part of the southerly (variable width truncated) right-of-way line of Rest Church Road, State Route 669, Thence departing "Parcel 2" and running with said southerly right-of-way line of Rest Church Road, State Route 669; S 79014'47" E, 64.44' to a point, said point being a corner to the aforementioned Lot 1, White Hall Flying J, Thence departing the southerly right-of-way line of Rcst Church Road, State Route 669 and running with Lot 1, White Hall Flying J; 1'0 Box 955 Leesburg VA 20178 104-1 Church Street SE Leesburg VA 20175 703.777.0063 Local 701.478.8576 Metro 703,777.2480 rax S 10045' 13" W, 189.16' to a cut "x" in stone, 6K 4 9 2 U Q 2 2 6 N 79014'47" W, 68.30' to the POINT OF BEGINNING, containing 12,554 square feet or 0.2882 acres of land more or less. All in accordance with a Plat Showing Dedication Of Public Right -Of -Way For Zachary Ann Lane, dated Sept. 23, 1997 (sheet 3 revised Nov. 14, 1997) prepared by Bowers & Associates, P.C. (B&A File No. A-172). CM HA.A A 950907.04MAinbow 7.AL.JOa yip\�s y Fr �, O . •9 N 7- TO I REST � HALL CHURCH RpU RD, 669 I SITE NOTES: 0 a no N Ir Q 0 VICINITY MAP SCALE: 1" = 2000' lecxhl- blt 5 BK8 2PG0221 Y RD.�? 1. BOUNDARY INFORM ATION/MONUMEN TATION SHOWN HEREON IS BASED ON INSTRUMENTS OF RECORD AS INDICATED HEREON AND AN ALTA/ACSM LAND TITLE SURVEY PREPARED BY BOWERS do ASSOCIATES, P.C. ON THE PROPERTY OF RAINBOW GROUP AND PEN DAY ENTERPRISES, INC. DATED 10/13/95, RECERTIFIED 7/14/96, REVISED 9/10/96 (REFERENCE B&A FILE No. C-771) AND A LOT CONSOLIDATION PLAT PREPARED BY BOWERS do ASSOCIATES, P.C. DATED 1/31/97 AND RECORDED IN DEED BOOK 873, AT PAGE 1800 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. MERIDIAN SHOWN HEREON IS BASED ON RE -DIVISION PLAT OF WHITE HALL BUSINESS PARK, RECORDED IN DEED BOOK 750, AT PAGE 1810 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. THIS RIGHT OF WAY DEDICATION PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND DOES NOT PURPORT TO REFLECT ALL EASEMENTS, ENCUMBRANCES OR OTHER CIRCUMSTANCES AFFECTING THE TITLE TO THIS PROPERTY. 4. THIS PLAT HAS BEEN PREPARED PURSUANT TO "FLYING-J TRAVEL PLAZA" PLANS PREPARED BY HARRIS, SMARIGA do ASSOCIATES, INC. PROJECT #6552-0-FLYJ, SHEETS C-6, C-13 do C-14, DATED APRIL 1996, REVISED AUGUST 8, 1997 AND RIGHT-OF-WAY DEDICATION PLATS PREPARED BY BOWERS do ASSOCIATES, P.C., DATED SEPT. 19, 1997 AND RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AT DB 889, PG 507; DB 889, PG 514, DB 889, PG 522 AND DB 889, PG 529. LEGEND: S.F. SQUARE FEET AC. ACRES IPF IRON PIPE FOUND IRF IRON ROD FOUND DB DEED BOOK PG PAGE P.A.E. PRIVATE ACCESS EASEMENT ESMT. EASEMENT R/W RIGHT OF. WAY ex. EXISTING CENTERLINE P.I.N. PARCEL IDENTIFICATION NUMBER VDOT VIRGINIA DEPARTMENT OF TRANSPORTATION B.R.L. BUILDING RESTRICTION LINE AREA TABULATION: P.I.N. 39-((A))-2 12,554 S.F. 0.2882 AC. PROPERTY OF RAINBOW GROUP P.I.N. 39-((9))-1 79,089 S.F. PROPERTY OF CFJ PROPERTIES TOTAL AREA OF 91,643 S.F. DEDICATION (THIS PLAT) PLAT SHOWING H pia DEDICATION. OF PUBLIC RIGHT OF WAY FOR''ZACHARY ANN LANE & VACATION OF A PORTION THE l OF EXISTING' PRIVATE ACCESS EASEMENT ON THE PROPERTY OF: 4NDALL C. Mc NTIRE.>; RAINBOW GROUP CERTIFICATE N0. DEED. BOOK 867, PAGE 521 AND ,PROPERTIES CFJ ' DEED BOOK 867, PAGE 670 1.8156 AC. 2.1038 AC. Dote: Sept. 23, 1997 Scale: AS SHOWN Proj. No: 950907.04 Tech: CMH (Drown: LAA Fld: DG I Chkd: CMH Sheet 1 of 3 DEED BOOK 867, PAGE 674 A-172 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Dwg. No. Bowel's & Associates. P.C. Revisions: Conmultlnp Englnamrs Surveyors 11/17/97 CLIENT REVISIO Landscape Architects "``������ 104-1 Church St.. S.E., Leesburg, Va. 20175 (703) 777 — OOC3 (metro) 4745 — 8576 r r, Tq rECH�RCN H 0 2 2 DQ 889 TF ROU 669 /�� Lifr ,�� . ,>,� c, * TO w►fl DB 889, PG 5147 3-- ((A ��� 3 8 Ml.f HALL, VA. 8�� 529 �� $ 7g.14 Og 8 � PGROV P M 44'' E 521 ; --t:*( �10; - I ,. 0 �-J�L L�'OtIN ; t 2 3 T� j;/ �p 5 IRF c,z C V CL !:Lj 3 10 ci 0 0 ti u I 4' M YJ 7g 0 Qo m I / 60.017 yj IT aww q0 0 y a W to 49 SO�OC� 'J Q C ti ao,ra a _j ' ^,yam ,� �I; �' 33—��9))-1 / 1 x a N �! LOT 1 MITE HALL I it LYING J j I DB 873, PG 1800 -41 I = ►RF r CFJ PR OPERTIES / 60, N DB 867, PG 670 35. DB 867, PG 674 j Wj 0 M NIA � � Q S0 �I ti Q cp $0 2 0 00 3 0 Juj / / NOTE: A PORTION OF THE EXISTING P.A.E. RECORDED IN DB 747, PG 1052 do DB 750, PG 1810 WAS ABANDONED / IN DB 867, PG 666. mo a n- I VDOT MON. FOUND t_ CO 3 L c) �M ^ (� v i a.Q. a �, Ja into( Ui Q m ") 00 N ca a 2 / GRAPHIC SCALE 200 a 100 200 400 "/7/% C OJ` IRF — I I ,0B IN FEET 1 inch = 200 ft. PLAT SHOWING Date: Sept. 23, 1997 tiTH 0F. DEDICATION OF PUBLIC RIGHT OF WAY FOR' ZACHARY ANN LANE Scale: 1" = 200' & VACATION OF A ,PQRTION OF THE EXISTING!PRIVATE AC�ESS. EASEMENT Proj. No: 950907.04 '+ ON I THE PROPERTY OF: c T I- RAINBOW ,GROUP Tech: CMH Drawn: LAA CERIIFlNO. 731 DEED' BOOK 867,E PAGE '521 731 t AND Fid: DG Chkd: CMH CFJ PROPERTIES DEED,;; BOOK : 867, PAGE 670 sheet 3 of 3 DEED' BOOK 867, PAGE 674 Dw No. A-172 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA 9 Bowers Q Associates,,P.C. Revisions: Consulting Engineers surveyors 11/14/97 CO. COMMENTS & NOTATION a Lands cc" Architects 11/17/97 CLIENT REVISION &A v 104-1 Church St.. S.E.. Leesburg. V.. 20173 (703) 777 — 0063 (metro) 476 — 6376 BK892PG0229 VIRGINIA: FREDERICIC COUNTY, Wr T s atrument 9f� wd fl was ro uced tit me on t la.at�t and with certificate of acknowledgment thereto annexed was pdjnitted to record. Tax Imposed by Sec. 18.1-802 of $ , and 58.1-801 have been paid, if assessable. 4-e-� � �- Clerk .fl Prepared by: CFJ Properties 50 West 990 South Brigham City, UT 84302 BK092PG0230 4� W� b�DEED FOR PUBLIC RIGHT-OF-WAY . THIS DEED, Made this I`r day of November, 1997, by and between CFJ PROPERTIES, a Utah partnership hereinafter designated as Grantor, and the COUNTY OF FREDERICK, VIRGINIA, Grantee; WITNESSETH: In consideration of the benefits accruing or to accrue to the said Grantor, by reason of the location and construction, or other improvement of part of Zachary Ann Lane, along, through, or over the lands of the Grantor, and for further consideration paid to the Grantor, receipt of which is hereby acknowledged, the said Grantor hereby grants and conveys unto the said Grantee in fee simple, with general warranty, each as to the land owned by Grantor hereby conveyed, a strip or parcel of land needed for the location and construction or other improvement of said road subject to all easements, conditions, restrictions, taxes and reservations of record. All the said strip or parcel of land is in Stonewall magisterial District of Frederick County, Virginia as described on Exhibit A and B attached hereto and incorporated herein by this reference. The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid road as they affect its respective properties have been fully explained to Grantor or its authorized representatives. The said Grantor covenants that it has the right to convey the said land to the Grantee. The said Grantor covenants and agrees for itself, its heirs, and assigns and successors, that it has been made aware of its right to receive just compensation for the land herein conveyed, and that the considerations hereinabove mentioned and paid to Grantor shall be in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of said road. Dated this `day of November, 1997. CUPROPERTIES, Uta artnership By:= -.. Richard E. Germer, Member of the Executive Committee and authorized signatory for CFJ Properties, a Utah partnership. STATE OF UTAH ) )ss BK g g PG Q 2 3 COUNTY OF BOX ELDER ) The foregoing instrument was acknowledged before me thisday of November, 1997, by Richard E. Germer, Member of the Executive Committee and authorized signatory for CFJ Properties, a Utah partnership. My Commission expires_ l d a.,, norAmr�t�euc —. ''� SHAUNA L. SAMUELSON No ary Public s E 1185 East Symnom Avenue of Utah ;� � s er�nem cny, ur saaoz ,i My Cammhalen Expires: &1499 State Bowers &Associates PC Consulting Engineers. Land Surveyors and Landscape Archit sv 9 2 PG 0 2 3 2 METES AND BOUNDS DESCRIPTION PROPERTY TO BE CONVEYED FOR PUBLIC RIGHT-OF-WAY FOR ZACHARY ANN LANE PART OF THE PROPERTY OF CFJ PROPERTIES DEED BOOK 867, PAGE 670 AND DEED BOOK 867; PAGE 674 ALSO BEING PART OF LOT 1, WHITE HALL FLYING J DEED BOOK 873, PAGE 1800 PARCEL IDENTIFICATION NUMBER 33-((9))-1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA NOVEMBER 14, 1997 _ (REVISED NOVEMBER 17, 1997) BEING part of Lot :1, White Hall Flying J as shown: on a Lot Consolidation Plat recorded in Deed Book (D.B.) 873, Page (PG.)1800 and being part of the property conveyed to CFJ Properties in Ei.B. 867, PG. 670 and D.B. 867, PG. 674 all among the land records of Frederick County, Virginia; also being all of that certain property intended to be conveyed for public right-of-way for Zachary Ann Lane. BEGINNING at an iron rod found (IRF), a corner to Fruit Hill Orchard, Inc. (D.B. 365, PG. 242) and to Rainbow Group (D.B. 867, PG. 521); and also being a corner to Lot 1, White Hall Flying J (D.B. 873, PG. 1800), property of CFJ Properties (D.B. 867, PG. 670 and D.B. 867, PG. 674): Thence departing said Fruit Hill Orchard, Inc. and running with said Rainbow Group and with the outline of Lot 1, White Hall Flying J and the herein described property. intended to be conveyed for public right-of-way; S 79014'47" E, 60.01' to a point, Thence departing Rainbow Group and the outline of Lot 1, White Hall Flying J and running through Lot 1, White Hall Flying J, property of CFJ Properties; S 11 055'23" W, 1318.76' to a point, said point being in the ,line of Lot 4, White Hall Business Park (D.B. 747, PG. 1052 and D.B. 750, PG. 1810), property of the Rainbow Group (D.B. 720, PG. 936), PO Box 955 Leesburg VA 20178 104-1 Church Street SE Leesburg VA 20175 703.777.0063 Local 703.478.8576 Metro 703.777.2480 Fax f 6� 392PG0233 Thence no longer running through Lot 1, White Hall Flying J but running again with the outline of same and with said Lot 4, White Hall Business Park; N 78004'37" W, 60.00' to a point in the line of the aforesaid Fruit Hill Orchard, Inc., Thence departing Lot 4, White Hall Business Park and running with Fruit Hill Orchard, Inc.; N 11055'23" E, 1317.54' to the POINT OF BEGINNING, containing 79,089 square feet or 1.8156 acres of land more or less. All in accordance with a Plat Showing Dedication Of Public Right Of Way For Zachary Ann Lane, dated Sept. 23, 1997 (last'revised Nov. 17, 1997) prepared by Bowers & Associates, P.C. (B&A File No. A-172). CMH/LAA 950907.04/CFJ ZAL.doc -tSS '-PA k� COUNTY of FREDERICK w Department of Public Works ® 5401665-5643 1738- FAX: 540/ 678-0682 May 7, 1997 Mr. Robert P. Pease, P.E. Ebert and Associates A. H. Aubrey Hawkins Associates, Ltd. Company 35 West Boscawen Street Winchester, Virginia 22601-4740 RE: White Hall Business Park Land Disturbance Permit - Review Comments Frederick County, Virginia Dear Mr. Pease: Upon review of the subject land disturbance permit, we offer the following comments: 1) Sheet 1 of 3: The assumed CBR of 10.0 is too high. The actual CBR value for the on -site material is closer to 2.0. This CBR value change will require a change in your pavement design section. 2) Sheet 1 of 3: The installation of the box culverts will provide a permanent stream crossing. Therefore, eliminate the temporary culvert crossing detail. 3) Sheet 2 of 3: The proposed design of Zachary Ann Lane is subject to approval from the Virginia Department of Transportation (VDOT). Frederick County will not 107 North Kent Street - Winchester, Virginia 22601-5000 Z. t� Whitehall Business Park Page 2 May 7, 1997 issue a land disturbance permit until such time as final approval is granted by VDOT. 4) Sheet 3 of 3: The proposed 18 inch CMP culverts at stream crossings number two and number three do not meet VDOT's requirements. We recommend the culverts be redesigned to reflect RCP. 5) Sheet 3 of 3: Provide a channel profile between the proposed box culverts under Zachary Ann Lane and the existing box culverts under I-81 to establish elevations along the base of the channel. In addition, provide the invert elevation of the existing box culverts under I-81 with this profile. 6) Sheet 2 of 5-Plans and Profile Drawings The profile indicated on this page is confusing, especially, where the scale was moved up the page to fit in the information. Please revise this item and place it in the correct location on the sheet. 7) Sheet 5 of 5-Plans and Profile Drawings Provide footing details for the proposed Quad C.M. box culverts. We have discussed the use of the C.M. box culverts with VDOT. Based on this discussion, we understand that they will not approve the use of C.M. box culverts unless you can convince them otherwise. 8) Prior to issuance of a land disturbance permit, you will be required to furnish a copy of the drainage easement agreement executed by Fruit Hill Orchard. The drainage study appears to be adequate for determining the ten-year and 100-year storm flows. Please be advised that VDOT will be performing on -site inspections of Zachary Ann Lane throughout its construction. In addition, upon satisfactory completion of and acceptance by VDOT, they will be responsible for its maintenance. This final acceptance will not occur until three (3) lots have been developed with access onto Zachary Ann Lane. Whitehall Business Park Page 3 May 7, 1997 If you have any questions regarding the above comments, do not hesitate to contact me. Sincerely, �. t-ja—w� Harve . Strawsnyder, Jr., P.E. Director of Public Works HES:rls cc: Bob Childress, Virginia Department of Transportation Frederick County Planning and Zoning` file Preliminary MDP #003-96 of Whitehall Business Park Verbatim Transcript Taken From the February 21,1996 PC Minutes ...Mr. T. Merchant McDonald (TMM) with the firm of Harris, Smariga & Associates from Frederick, Maryland, came forward to speak. He first gave some background information on location and phasing... TMM: "The front part of the development is proposed for the Flying J Truck Plaza. (In) the second phase, there are no particular development plans for the back phase yet. There is a proposed access into the property proposed to serve the eight lots. There is also access points along 669 here and here (pointing to plan) to serve the truck plaza. We are also proposing improvements to Route 669 to accommodate an increased traffic load. The State Highway has also asked for some improvements on this ramp right here ... they want to add a turn lane for right - turning vehicles. The Flying J portion of the development has traffic segregated. There's a truck fueling terminal and this area is primarily for the large trucks. This area here (pointing) is primarily for RVs and passenger vehicles." TMM: "We're proposing here a water system, a well, to serve the Flying J Plaza, as well as a storage tank for fire and protection. We're proposing a package sewage treatment plant, there (pointing), which will serve only the Flying J operation. There is a drainage path through about the middle of the property, called Duncan's Run. The treatment facility will discharge into Duncan's Run and we have made applications to the State Health Authorities for that. There is a proposed storm water management area and wet pond; not only for addressing storm water management, but also providing a source of water for fire protection. There is also a second pond proposed back in the back portion of the property. The proffers for the zoning required two wet ponds, one at the front of property, one at the back of the property, to provide a water source for fire protection. These will be served by wells, so there will be a permanent pool of water there for the local fire company's use. We have met with the property owners across the street and the property owner to the west. We had a meeting with them last week in the field. It was a very good meeting. We walked the frontage and explained...." (continued with discussion not pertaining to roads) John Light (JL): "Is the 60' access road to the west of the property going to be constructed at the same time?" TMM: "We're going to grade from 669 to the back of the Flying J parcel. That part of the road would not be actually paved until there were some users established towards this part of the property. That road would be paved as users come in to the back part 'of the project." JL: "In the front pond, I assume that storm water retention pond, is that also to be fire access?" TMM: "This one?" JL: "Yes." MM: "Yes." Frederick County Planning Commission Page 1 Minutes of February 21, 1996 JL: "Is there a fire access road to that pond?" TMM: "We will provide access to it. There is not one shown there now. There's also not one shown for the pond in the back, which was one of staffs comments that we show the access." JL: "On the road to the west of the property, that will only be graded, but will not be a built road in any other than dirt form or aggregate form or anything?" TMM: "It will be graded and stabilized. It won't be paved or stoned until additional users come into the back." JL: "It is not an access for tractor -trailers, is it?" TMM: "No, we are proposing an emergency vehicle access at this point which could be either gated or we're also ... we do not want that to be an operating entrance. It will be a second means of access for emergency vehicles. We'll either provide a mountable curb with some turf stone across there or it could be gated. We haven't worked out the details, but it will not be a route for tractor -trailer trucks on a daily normal use." JL: "Is the affluent from the waste water treatment facility drain into the storm water retention pond?" TMM: "No, it will be draining towards Duncan's Run." Roger Thomas (RT): "What level of treatment will be required in your treatment plant?" TMM: "For that I'm going to defer that to another gentleman I have here, Leif Feller, who is with the architects for Flying J. He has been more involved in the treatment plant process than I have...." (discussion of treatment plant) Robert Morris (RM): "Just a point of clarification again ... you, the road to the west of the property ... down through the first supposedly gated area, are you saying that will be a sufficient surface for emergency vehicles to utilize or it will not be?" Leif Feller (LF): "It will not be sufficient on the onset of the development until a developer comes in the lower portion. What we can do in the interim is, there is a portion of the property here that the car parking pavement abuts the truck parking. We can provide some grass-crete which is a material that goes underneath the grass ... the grass grows through, but it is sufficient to hold vehicles that would need to drive through. If in case this access was ever obstructed (pointing) or this access was ever obstructed (pointing), then emergency vehicles could still come around the facility and ... this road to my knowledge will not be developed until a later date." JL: "I assume you all don't own the 60' access road." LF: "That's correct, we do not." Chuck DeHaven (CD): "Any other comments or comments for this gentleman? Thank you. Mr. Wyatt?" Evan Wyatt (EW): "Thank you, Mr. Chairman. Just a couple of comments and then I will also be happy to answer questions. One, I guess the best way to do this is to talk about the comments I have first and then ask a Frederick County Planning Commission Page 2 Minutes of February 21, 1996 0 • question that I see where there is a discrepancy from the presentation board to the plan that was provided for your review. I'llstart with my staff comments. First of all..." (discussion about Lot 3 and floodplain, buffers, topics other than roads) "...and then the final thing is the ponds that were mentioned. Obviously, the gentlemen answered the question about access. There is not one necessary here; however, on Lot 7, which is right here, in the future there will be a pond developed here. On the master plan now it needs to be shown how the easement will be provided and what sort of servicing would be provided for an all-weather service so it can be accessible by the Fire Department. Another comment I would like to make, the plan currently shows the proposed access road as a 60' right-of-way with 24' pavement width. If you look on the plan, it talks about a private access road. This would obviously have to be a public road before industrial or commercial development could occur by ordinance. So that's one consideration you may want to make now. And then the final thing, related to the same road, on the plan you have before you, the inter -parcel connector concept which is shown right here (pointing) has been severed and instead, they have squared off the parking lot and have what they term, a mountable curb. That may be something you want the applicant to address. Other than that, I would also like to point out, during your informal discussion in November, the crux of your concerns and comments were transportation- related. Because of that, Mr. Bushman and Mr. Childress were kind enough to drive up from Edinburg this night, should you have any specific transportation questions. I'd be happy to answer any questions regarding my comments." CD: "Any questions for Mr. Wyatt? Apparently not." EAW: "Thank you." CD: "Mr. Bushman, if you have anything you would like to share, we would be happy to have it." William H. Bushman (WHB): "We are just here to answer any questions." CD: "Yes sir, thank you very much. This is a public hearing. Is there anyone who would like to speak in favor of this application? Is there anyone who would like to speak in opposition?" Doug Cochran (DC): "My name is Doug Cochran. I live in Stonewall District, about 1'/z miles due west of the development..." (talked about concerns he had about Phases I and II; the crux of his concerns was water usage) Manual DeHaven (MD): "I am involved with the property. I have no problem- at all with Flying J coming in. The only concerns I have is the 60'right-of-way on the west side of the property. At,least something will be done so, in the future, to be able to get to the back of the property because actually, that whole strip in there is really only good for commercial use and that's my only concern.. I have no problem with Flying J. I think it would be a good economic for the County and more luck to them. CD: "Is there anyone else who would like to speak? Then we'll close the public portion of the meeting. Mr. McDonald, would you like to address any of those concerns that Mr. Cochran mentioned?" MM: (addressed Mr. Cochran's water concerns) DC: (came back to the microphone to talk about water issues again.) (Commission members discussed water issues with the applicant.) Frederick County Planning Commission Page 3 Minutes of February 21, 1996 MD: (talked about drainage of the property.) CD: "We are certainly going to require all of VDOT's concerns to be addressed, as well as all the other requirements of the Code. If that pond is constructed and intended to be part of the fire protection, the Code requires an all -surface access to that all the time. If it is ever going to be desirable to have emergency vehicle access off that 60' access road, I would certainly like to see an all-weather surface on that during Phase I development. I wouldn't feel the need for it to be paved, but it certainly ought to be stone so that there is an all- weather surface there. RM: "If there were any kind of emergency activity in the front of that thing associated with a fire, the rear access would absolutely be essential." RT: "I think there's a terminology problem when he was talking about grading it and putting a cover over the grade. You put aggregate over it to cover it or else you might as well not bother grading. I think it's just a terminology problem. I would assume if they grade it, they're going to put a base course or sub -base course over it. We could put that in the minutes to require that they do that, but I think that's probably what the intent (was)." JL: "Also, the way I read the notes is that the 60' private access easement has not been dedicated, nor has it been planned to be dedicated. So, I assume, if it is not dedicated, I assume there wouldn't be much reason to go out there and do much work. We need to have it dedicated and have the work be done in that situation." CD: (can't make out what he is saying.) RT: "As far as the concern over the water wells..." (talked about the water situation again) RM: "I can not help but imagine that north -bound traffic leaving Flying J will back up waiting to make the turn onto 81 North. That's a narrow causeway there across 81. Certainly nothing we can do about that I'm sure, but I'm just looking ahead --there will be congestion there. It certainly is a narrow passageway, especially for truck traffic. Just a comment." JL: "Mr. Bushman, there is no point at which a bridge becomes so congested that it requires a widening of the bridge? If so much traffic per day or per hour requires the widening?" VM: "Unfortunately, I think that constitutes an off -site improvement when you talk about this situation here. To answer your question, yes, there could be considerable loss of level of service if the truck stop is a successful endeavor. We do have a contract in place with an engineering firm to start planning for the widening of 81 and all the attendant interchanges at this point. The best I can offer is that there is a light at the end of the tunnel, but it might be a long tunnel before we get there." CD: "Is staff comfortable addressing all of VDOT's concerns and the other concerns --the County Engineer and such at site plan stage and through further grooming of this master development plan without any specific recommendations?" EAW: "If they could not address the comments at the master plan stage because of site plan design, we would have them notate as such on the plan before we give the final approval." CD: "You are comfortable with the rest of it? Thank you." Frederick County Planning Commission Page 4 Minutes of February 21, 1996 JL: "If there is no further discussion, I make a motion to approve master development plan 4003-96 with staff recommendations and considerations." George Romine (GR): "Second." CD: "Recommendation's for approval, seconded, is there any further discussion? Mr. Wyatt?" EW: "Yes, Mr. Chairman, does that include the Planning Commission granting of staff on final design the ability for the access road to traverse the Duncan Run Flood Plain area?" CD: "Did you intend to authorize the Zoning Administrator to approve of small distribution flood plain disturbance?" JL: "Yes. I thought the way their notes read that was taken into consideration." EAW: "Thank you." CD: "Do you concur on that with your second, Mr. Romine?" GR: "Yes." CD: "Yes sir, we do. Is there any further discussion? Mr. Light?" Light -Yes; Copenhaver-Yes: Marker -Yes; Romine-Yes; Thomas -Yes; Morris -Yes; Ours -Yes; DeHaven-Yes (Mr. Wilson, Mr. Stone, and Mr. Ellington were absent.) CD: "Our recommendation is for approval. This should go to the BOS 2/28, Mr. McDonald." Frederick County Planning Commission Page 5 Minutes of February 21, 1996 Informal Discussion - Flying J (not a public hearing) Verbatim Transcript Taken From the September 6,1995 PC Minutes (Kris C. Tierney (KCT) gave the background information.) (Questions from the Commission to Mr. Tierney, not pertaining to roads.) John Marker (JM): "Where is the right-of-way into the rest of the lots in this subdivision, Lots 3 through 8?" KCT: "That's a good question. I'm not sure that's been addressed yet. One issue that will need to be resolved, certainly if the rezoning were to go through, would be how those remaining lots, 3 through 8, would be accessed. I don't have the answer to that right now." Robert W. Watkins (RWW): "A master development plan will have to be done, based on the proffers..." W. Wayne Miller (WWM): "When this land was divided though, Mr. Chairman, the entrance into that property off of 669, between lots C and B, the small lots up -front, you turn in to the right and follow that, let's see, I guess it would be the northwestern edge of that property. There is a right-of-way along that." Charles DeHaven (CD): "Any other questions for Mr. Tierney? Thank you. Mr. Call, if you would like to come forward please." Craig Call (CC): "Thank you Mr. Chairman. My name is Craig Call. I'm community liaison for Flying J, Inc., a corporation from Brigham City, Utah..." (described the service provided by Flying J.) "...There are others here tonight. The folks who are selling the property to us, Mr. Henry Buettner and his partner. If they have a comment to make, it would be appropriate as well." Robert Sager (RS): "Mr. Chairman, I have a question of the gentleman, if I may. It's very enticing. I really think that this looks good from what I see here. I guess one question I have, will there be overnight parking? Will people actually be parked in trucks? I'm an RVer, so I don't have any problem...." (discussion not pertaining to roads) Richard Shickle (RS): "Has your company looked at the adequacy of the on -off ramps at this interchange?" CC: "Yes, and VDOT has as well." RS: "Turning radius worked out?" CC: "Yes, and when it doesn't, if as we go through this process and they make their comments on our site plan review, then we often will fund the cost of making those adjustments. On the plan that we'll submit for the application, it will show already that we're suggesting building two lanes, to expand 669 by two lanes, in front we'll allow an acceleration and deceleration lane. Frederick County Planning Commission Page 1 Minutes of September 6, 1995 RS: It sounds like you all have taken a good look at it. Richard Ours (RO): "What about criteria for sewage disposal on the property..." (Discussion pertaining treatment facilities, not roads) CD: "Mr. Call, your proposal is that you will own all Lots 1 through 8, as well as A through J? CC: "Yes, as well as ... I'm sorry, I thought..." KCT: "Mr. Chairman? Lots 1 and 2 and the frontage lots along Route 669." CD: "Your present thoughts are not purchasing 3 through 8?" CC: "That's right, but all of the small lots on the front lots." CD: "A through J and 1, 2, and 3?" CC: "Yes, it is 1, 2, and 3. This drawing shows the three lots as well as the brown -lined residential lots above. It also alludes to the re -alignment of a right-of-way to the other lots that we are not buying and there is a small piece of property west of that right-of-way that we would not own. That would remain with the owners of the industrial park --the Whitehall Industrial Park. The lots in front of ours we would acquire and they would be integrated as part of our facility. The question we are asking, and this specific issue is fairly narrow, and that is shall these lots be rezoned to allow proper landscaping and parking? Because as you can see from the drawing, very little construction goes on these frontage lots. They are merely there to provide visibility and an attractive appearance to the facility as people come toward it." CD: "Any other questions for Mr. Call? (No other questions) Thank you very much. Mr. Buettner, did you and Mr. want to make a comment? If you'd like, please." Henry Buettner (HB): "Distinguished ladies and gentlemen of the PC, my name is Henry Buettner, one of the principal owners in this property. I want to clarify that if you look at the chart here, that lists the J, H, G, & F tracts, those tracts are being requested to be rezoned. Tract E is being requested to be rezoned. Tract D and C have been rezoned in 1990 to B3. They were provided our entrance into the property. Tract D has an old home on it that will be demolished. Tract B has a very old structure formerly owned by Robert Solenberger. That will be taken down. Tract A ... Flying J would be purchasing half of Tract A... and that proposed A in the dotted line would be used as a proposed entrance to the remaining tracts which would include tracts 4 through 8. Want to clarify that Flying J would be purchasing Tract 1, 2, and 3 plus all of the tracts J through A that are recorded on the Ebert survey that you have in front of you now. The 60' wide tract that is off to the far left and adjacent to A on the dotted section would be retained by the Whitehall Business Park, the Rainbow Group, and that would be used to provide an attractive entrance out of stone and identification for any of the future participants in tracts 4 through 8. At this time, we have no plans for tracts 4 through 8 at this immediate time. I would answer any questions that I could. I would like to add that Flying J would be a great partner to our County, provide substantial revenue for our tax base, help to keep our taxes for all our citizens down. Be a partner in the community as far as its involvement and they have demonstrated throughout their prior...." (talked about the benefits Flying J would provide to the economy of Frederick County) Frederick County Planning Commission Page 2 Minutes of September 6, 1995 • RT: "Mr. Buettner, do you own, on the plat we have here, Lot 90, the area immediately west of Lot A?" HB: "That little tract that's shown on the outside?" RT: "We're having trouble identifying. You talked about a dotted line and a little tract down to Lots 4 through 8 and that's what were having trouble..." HB: "That's owned by Robert Solenberger." RT: "Okay, so 90 is owned by Robert Solenberger." HB: "That's correct." RT: "Okay, so you're dotted line ... (can't understand what he is saying) —would partially be on Lots 1, 2, and 3. and then go down to 4, 5, 6, 7,8?" HB: "Yes, we would retain ownership of 4 through 8. We talked to Robert about expanding a straight line from Tract 4, meeting to a point at the far end of Tract 8, to level all those sites up to even tracts all the way through the remaining five tracts." RT: "With lot AT' HB: "Yes, with Lot A. That would provide approximately 13 additional acres. We would retain about 27-29 acres and if we added those 13, it would put it up over 40..." (introduced his partner). CD: "Any other questions for Mr. Buettner? Thank you very much." (Commissioners discussed orchards and truck traffic.) HB: "I wanted to clarify that the razing of the properties on 669, I think will benefit the County. If you will look at those individual houses, they're in very bad state of repair. All but one, formerly the Kerns residence..." (talked about the benefits of taking down the houses) CD: "Mr. Call would you like to add anything?" CC: "Just to re-emphasize there will be a thorough and complete site plan review process as you would expect where the agencies will all have a chance to provide us with input. We will have quite a lot of responding to do. We appreciate..." (thanked the staff for their help) CD: "I have just a couple comments, I assume you are looking for comments. I wouldn't have a problem at all with rezoning of those lots along 669. It would seem to be that would be the most appropriate use for it. Other than the other issues and questions that you have already addressed, I would have some concern about what that much pavement is going to look like from the interstate. I assume from the appearance of the rest of your operations as we have seen in your slides, that you all would be concerned about those issues as well." RM: "Are you talking about buffering from the interstate?" Frederick County Planning Commission Page 3 Minutes of September 6, 1995 • .i CD: "I wasn't proposing that..." MC:"landscaping?" CD: "That we would keep those things in mind when designing, considering that much pavement. Anything else on this issue?" (End of discussion.) Frederick County Planning Commission Page 4 Minutes of September 6, 1995 • i !i'��I flu if COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 June 7, 1996 Harris, Smariga & Associates, Inc. Attn: T. Merchant McDonald 41 East All Saints Drive Frederick, Maryland 21701 RE: Whitehall Business Park Master Development Plan Approval Dear Mr. McDonald: The master development plan for Whitehall Business Park was administratively approved by Frederick County on June 6, 1996. Whitehall Business Park is comprised of 52.04 acres which contains 37 acres of land zoned B-3, Industrial Transition District and 15.04 acres of land zoned M-1, Light Industrial District. The approved master development plan is proposed to be developed within two phases and will provide a sixty -foot wide public right-of-way to all developed lots. All improvements specified on the approved master development plan will be provided in accordance with approved site development plans as Whitehall Business Park develops. Your firm has requested that all approved master development plans be provided to your attention for distribution. I have enclosed nine copies of the master development plan with appropriate signatures. Please ensure that approved copies are provided to the property owners. Please contact me if I may be of further assistance regarding this matter. Sincerely, Evan A. Wyatt, Pinner II EAW/Enclosure cc: Henry C. Buettner, Rainbow Group Properties Ronald S. Simkhovitch, Rainbow Group Properties ✓ Corr. f i(-C — 6AW 107 North Kent Street • Winchester, Virginia 22601-5000 LAW OFFICES THOMAS MOORE LAWSON, P.C. 20 SOUTH CAMERON STREET, SUITE 301 P.O. BOX 2740 WINCHESTER, VA 22604 Thomas Moore Lawson (VA & WV) May 13, 1996 Mr. Evan A. Wyatt o-unty of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Re: Rainbow Group/Flying J Our File No. 154.004 Dear Evan: Telephone: (540) 665-0050 Fax: (540) 722-4051 Enclosed please find correspondence sent to the surveyor and engineer which resolves the right of way issues raised by the surveyor. As I advised you my review of the land records reflects if the right of way is not properly vested in the owners of the lots fronting on the old White Hall Road then that title remains in Manuel DeHaven. By virtue of the attached quitclaim deed he has conveyed that to The Rainbow Group which should resolve this issue. Accordingly, I do not see any need for the county to pursue condemnation. I will advise you should Flying J raise any additional issues. Thank you for your assistance and cooperation. I was very pleased with the expeditious manner in which you responded to this issue and the County's offer of assistance. If I can ever be of assistance to you, please do not hesitate to ask. Very truly yours, r Thoma oore Lawson TML:pjh Enclosures cc: Mr. Henry Buettner Mr. Ronald Simkhovitch Ll • Thomas Moore Lawson (VA & WV) LAW OFFICES THOMAS MOORE LAWSON, P.C. 20 SOUTH CAMERON STREET, SUITE 301 P.O. BOX 2740 WINCHESTER, VA 22604 May 10, 1996 Mr. William Brennan HARRIS SMARIGA AND ASSOCIATES INC. 41 East All Saints Street Frederick, MD 21701 Mr. Randall C. McIntyre BOWERS & ASSOCIATES, P.C. P.O. Box 955 Leesburg, VA 22075 Re: Rainbow Group/Flying J Our File No. 154.004 Gentlemen: Telephone: (540) 665-0050 Fax: (540) 722-4051 Enclosed please a copy of a Quitclaim Deed conveying any interest remaining in the strip of land between Tax Map Nos. 33A-((A))-1 through 6 and White Hall Road. It is my understanding from reviewing Randall C. McIntyre's survey of October 13, 1995 that there was an issue as to whether the front five feet of those lots was properly conveyed to those lot owners or if it remained with the original grantor. This quitclaim deed resolves this issue by firmly vesting title to this disputed strip in The Rainbow Group. Accordingly, I am requesting that you delete the exception noted in the survey at note 7. Further, please provide Flying J's representatives and me written confirmation of the same. Detail 1 in the same survey states Rainbow owns property in an apparent VDOT right of way. This issue can easily be resolved with Rainbow conveying the disputed portion to VDOT and Rainbow will do so if it is requested to do the same. It is my understanding the entire frontage is to be dedicated to VDOT when the right of way is enlarged; accordingly, I suggest that the issue raised in detail 1 be addressed in that deed of dedication. Thank you for your attention to these matters. Please give me a call should you wish to discuss this further. Tmas yours, �LN oore Lawson cc: Mr. Henry Buettner Mr. Ronald Simkhovitch 8K8�8i"G0196 �r �� THIS QUITCLAIM DEED made and dated this 8th day of May, 1996, by and Manuel C. DeHaven and Pearl A. DeHaven his wife hereinafter referred to as Grantors between Man , and The Rainbow Group, a Virginia Partnership, hereinafter referred to as Grantees. WHEREAS, a certain survey prepared by Bowers & Associates, P.C., surveyors in Leesburg, Virginia dated October 13, 1995 has raised a question as to whether the front lot lines of the lots fronting on White Hall Road abut White Hall Road. Said parcels are designated as Tax Map Nos. 33A-((A))-1, 33A-((A))-2, 33A-((A))-3, 33A-((A))-4, 33A-((A))-5 and 33A- ((A))-6 and; WHEREAS, in the event that the title issue set forth above is correct title to the strip of land abutting White Hall Road vested in Manuel C. DeHaven and Dilmer R. DeHaven by virtue of a deed dated October 14, 1969 from David G. Hoffinan, Executor of the Estate of M.G. Hoffman, recorded in the Frederick County Land Records at Deed Book 358 at Page 254. Dilmer R. DeHaven having died devised his interest in this property to his wife Ruth Ann DeHaven through his will dated June 18, 1969 recorded in Deed Book 6 at Page 183. Ruth Ann DeHaven conveyed her interest in the property to Manuel C. DeHaven by deed dated the 28th day of May, 1974 recorded in the Frederick County Land Records at Deed Book 430 at Page 137. NOW THEREFORE WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby quitclaim, release and convey to the Grantee, all right, title and interest of the Grantor, in and to the following described property including any improvements and appurtenances thereunto belonging located in Stonewall Magisterial District, Frederick County, Virginia (the "Property"): 611{8581 G0197 All of that certain parcel of land extending from the front lot lines of tax map parcels 33A-((A))-1, 33A- ((A))-2, 33A-((A))-3, 33A-((A))-4, 33A-((A))-5, and 33A-((A))-6 extending to the center point in the road known as White Hall Road. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. WITNESS the following signatures and seals: (SEAL) Manuel C. DeHaven SEAL Pearl A. DeHaven COMMONWEALTH OF VIRGINIA AT LARGE Co u of i'h�d_ea 6 , To -wit: The foregoing instrument was acknowledged before me by Manuel C. DeHaven and Pearl A. DeHaven. Given under my hand this day of May, 1996. My Commission expires J -)3 VIRISINIA: FREDERICK COUNTY, SCT. This In rumont of writing was produced to rnQ an�thh y �. t �f% and —nay �.1 �►+ r,�nowl�;%hrr;�>�! •>ixyrata snr►exed was admit:e.4 do rr -ord. 'Tax ; ip. ^J >;y Sec. 58.1.602 of $ ^� and 5E.1-401 have been paid, if a si�easable. Cterk Notary Pdblic- - jo DAVID R. GEHR COMMISSIONER +rrx �m1' s COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 May 7, 1996 Mr. William J. Brennan, Jr. C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Mr. Brennan: WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: White Hall Business Park / Flying J Travel Center Routes 1-81 and 669 Frederick County, VA We have received your letter of April 29, 1996 concerning the approximate truck traffic for the referenced project. We have forwarded the information to our District Materials Engineer in Staunton for evaluation. Once we receive any recommended pavement designs, we will forward them on to you. In the meantime if you have any questions, please let me know. Sincerely, Robert B. Childress Trans. Perm-.ts ui SL:b-di'visIo'.: Specialist Supervisor RBC/rf xc: Mr. S. A. Melnikoff Frederick County Planning C 0 V ER FAX S H E E T To: Bill Brennan Faz #= (301) 662-4906 Subject: Whitehall Business Park Master Development Plan Date: April 17, 1996 Paget: -1- mciucbs this cover Sheet. CONS EiNTS: Bill: This is the language that we'discussed on the phone: The proposed improvements to Rest Church Road (Route 669) will require the developer to obtain property from the Inter -State Orchards, Inc. • parcel to the north. In the event that this property cannot be obtained by the developer, the Master Development Plait will be revised to insure that all improvements to•Rest Church Road are accomplished as required by the Virginia Department of Transportation. Please call me if -you have any questions regarding this information. From the desk of — Evan A. Wyatt Frs Mm* County Plamdnq Capwurrart 1Q1 Noah Kant Suet whehemw. WN040 =01 s�o,aess�t Fare S40.8184M 4 0 F. Oil WED !4:44 N C, T E HwTis, Smariga & ,mac. Plan ne rs/Eng in eers/Surveyors 41 East All Saints Street/Frederick, MD 21701 (301) 662-4488, FAX (301) 662-4906 June 4, 1996 County of Frederick Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Attn: Evan Wyatt Re: Flying J Winchester, VA HSA Job #6552-0-FLYJ Dear Evan: Enclosed are twelve prints of the revised master development plan for your approval. Please forward the signed copies to me, and I will distribute the extra copies to the consultants and contract purchasers. If you need additional information, please contact me. Sincerely, William J. Brennan, Jr., P. E. h6 Project Manager 1�� O - WJB/mmm:s:\milee\6552-1.doc -, SJ G✓ Q����� Enclosures —, • • FILE COPY I March 5, 1996 Harris, Smariga & Associates, Inc. Attn: T. Merchant McDonald 41 East All Saints Drive Frederick, Maryland 21701 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE Master Development Plan #003 96 for Whitehall Business Park: PIN's 33-A-3 through 33-A-10 and 33-9-1 through 33-9-8 Dear Mr. McDonald: This letter is to confirm that on February 28, 1996, the Frederick County Board of Supervisors approved the Master Development Plan for Whitehall Business Park. Please provide our department with a copy of the application and proposal for the private sewage treatment and disposal system that was provided to the Department of Environmental Quality and six copies of the Final Master Development Plan which addresses all review agency, Planning Commission and Board of Supervisor comments. Our department will provide the applicants and your firm with Final Master Development Plans that are administratively approved once all required information is received. Mr. Robert B. Childress of the Virginia Department of Transportation and I will be glad to coordinate a meeting with you to complete the final design of this plan. Please do not hesitate to contact me if you would like to meet, or if you have any questions regarding this letter. Sincerely, Evan A. Wyatt. P nner II EAW cc: ",/ Robert B. Childress, VDOT ✓ Henry C. Buettner, Rainbow Group Properties Ronald S. Simkhovitch, Rainbow Group Properties 107 North Kent Street - Winchester, Virginia 22601-5000 PC REVIEW: 02/21/96 BOS REVIEW: 02/28/96 MASTER DEVELOPMENT PLAN #003-96 WHITEHALL BUSINESS PARK LOCATION: Southwest quadrant of intersection of I-81 and Rest Church Road (Virginia Rt. 669) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-3 through 10 and 33-9-1 through 8 PROPERTY ZONING & PRESENT USE: Zoned: Ml, Light Industrial and B3, Industrial Transition Current Land Use: Rental housing and vacant ADJOINING PROPERTY ZONING & USE: North: Zoned - RA, Rural Areas Use - Orchard South: Zoned - RA, Rural Areas Use - Residential East: Interstate 81 (RA, Rural Areas; M-1, Light Industrial; M-2, Industrial General Zoning with uses varying from residentialto commercialto industrial located across I-81 from this site) West: Zoned - RA, Rural Areas Use - Agricultural PROPOSED USE: Business and Industrial Park REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter dated 1-31-96 from Robert B. Childress (for William H. Bushman, P.E.). Health Department: See attached letter dated 11-20-95 from Doug Dailey. 0 0 Page -2- Whitehall Business Park MDP February 22, 1996 Sanitation Authority: First review - no comment; approved. Fire Marshal: See attached letter dated 11/28/95 from Douglas Kiracofe. County Engineer: See attached letter dated 11-21-95 from Harvey Strawsnyder, Jr. Winchester Regional Airport: See attached sheet received 2-1-96 from Granville Amos, reviewed 12-1-95. Planning & Zoning: A) Project Scope: The Whitehall Business Park master development plan is comprised of 14 parcels zoned B-3, Industrial Transition and 3 parcels zoned M-1, Light Industrial. The proposed master development plan calls for the development of this park within two phases. The first phase will accommodate the needs of Flying J Inc., which will consolidate 12 of the 14 parcels zoned B-3. The Flying J Inc. proposal calls for the construction of a sewer treatment plant, a water storage tank and a well house to supplement the tank capacity. The second phase will be developed on a lot -by -lot basis as future investments are realized. These lots are proposed to be developed with individual wells and drain fields. A 60' right-of-waywith a 24' paved road is proposed to provide access to all lots within phase two. Improvements to Rest Church Road (Route 669) are also proposed as a part of this project. B) Project History: The Board of Supervisors approved a rezoning application for Lots 1-8 on December 12, 1990. This application called for the rezoning of approximately 48.5 acres from RA, Rural Areas to B-3, Industrial Transition and M-1, Light Industrial. The rezoning was approved with proffers which are specified on the proposed master development plan. 0 0 Page -3- Whitehall Business Park MDP February 22, 1996 The Board of Supervisors approved a rezoning application for several small lots that adjoin the Whitehall Business Park property on October 11, 1995. This application called for the rezoning of approximately 3.5 acres from RA, Rural Areas to B-3, Industrial Transition. This rezoning was approved with a proffer which calls for a monetary donation to the Clearbrook Fire & Rescue Department. These small lots have been incorporated into the proposed master development plan for the purpose of providing sufficient road frontage along Rest Church Road for the Whitehall Business Park. The applicant held an informal discussion with the Planning Commission on November 15, 1995 to determine potential concerns with the preliminary master development plan design. The Planning Commission expressed concerns regarding the need to improve Rest Church Road to accommodate the significant amount of traffic that will be generated by this site and the ability of the proposed access road to adequately handle tractor -truck traffic if an inter -parcel connector was provided from the Flying J Inc. project. The Planning Commission also expressed concerns regarding the increased flows into Duncan Run from the proposed sewer treatment plant and the significant amount of impervious areas that would be developed in the future. C) General Comments: 1) Approximately 420' of the proposed access road traverses the Duncan Run floodplain. Section 165-31B(1) of the Zoning Ordinance gives the Planning Commission the authority to allow small disturbances to the floodplain area for the purpose of road construction. Staff estimates the disturbance to be slightly less than %2 acre based on this proposal. 2) The primary use of parcel 33-A-88, owned by David and Brenda Gray, is residential. Section 165-371)(4) of the Zoning Ordinance requires the separation of these uses by a "C Category Buffer." This buffer needs to be provided along the rear property boundary line of Lot 8 in the Whitehall Business Park. 3) The first proffer condition requires the creation of ponds on the north and south end of the Whitehall Business Park for the purpose of providing fire protection. This will be accomplished on the north end through the construction of the water storage tank and the well house. The pond that is proposed to be located on Lot 7 does not provide an easement with an all-weather surface for access to the pond, nor does it indicate the location of the well that will be required to provide a year-round water supply. • 0 Page -4- Whitehall Business Park MDP February 22, 1996 Staff Recommendation For February 21, 1996 Planning Commission Meeting: Staff recommends approval of the proposed master development plan. The information provided for review of this plan is consistent with the requirements of the rezoning proffer. The overall concept and design of this proposed master development plan is consistent with the requirements of Article XVII, Master Development Plan. Staff asks that the Planning Commission ensure that all review agency comments are adequately addressed prior to final approval of this plan. Staff believes that the Planning Commission should consider the following issues during consideration of this plan: X Consideration should be given to the proposed 60' private access easement. The VDOT has stated that this should be dedicated for the use as a public right-of-way. Section 144-24C of the Subdivision Ordinance requires all lots to abut and have direct access to a public street or right-of-way dedicated for maintenance by VDOT. x Proposed improvements to Rest Church Road (Route 669) should be considered. The proposed master development plan calls for improvements within an 80' right-of-way from the Interstate 81 Exit 323 off/on ramp which tapers off into proposed improvements within a 48' right-of-way. Three issues worthy of considerationregard the ability to meet the VDOT requirements within this proposed area, the need to acquire necessary right-of-way on other properties and the ultimate design which will feed either four or five lanes into the two lane bridge crossing Interstate 81. X Consideration should be given regarding the proximity of the proposed storm water management area on Lot 2 to the existing sinkhole on Lot 3. Primary concerns regard potential discharge pollution and subsidence of the sinkhole. X Consideration should be given regarding the application and design status of the private sewer treatment plant with all appropriate agencies. E Page -5- Whitehall Business Park MDP February 22, 1996 PLANNING COMMISSION SUMMARY & ACTION - FEBRUARY 21,1996: Two citizens addressed the Planning Commission regarding this application. Mr. Manuel DeHaven spoke in favor of the proposed master development plan. Mr. Doug Cochran spoke in opposition. Mr. Cochran expressed concerns with the amount of water use associatied with the truck stop, a 200 seat restaurant, showers and bathrooms. Mr. Cochran was concerned that there would be negative impacts to neighboring residential wells, particularly during dry summers such as last year. Mr. Cochran also expressed concern that no hydrologic studies had been conducted to determine if the avaiable acquifers could support a use of this magnitude. The Planning Commission directed staff to ensure that the following issues were addressed on the master development plan prior to final administrative approval: A) . ,All VDOT comments should be addressed. A primary concern of the Planning Commission pertained to the decreased Level Of Service to the Interstate 81 Exit 323 ramp and bridge. The Planning Commission felt that northbound interstate tarffic leaving this site would create a bottleneck on the bridge and cause traffic to back up onto the ramps. B) Provide an all weather surface immediately on the 60' access road for fire and rescue service, and provide an all-weather surface to any proposed fire pond that will serve as fire protection for this business park. C) Dedicate the right-of-way for the 60' access road for future dedication to VDOT for access to the properties within Phase Il. D) Provide the required buffer along the south property line of Lot 8 and maintain the existing mature woodlands to provide for an appropriate buffer. PLANNING COMMISSION ACTION: Recommendation for approval provided that all review agency comments are addressed, as well as all concerns of the Planning Commission and the Board of Supervisors. The Planning Commission' also provided the Zoning Administrator with the authority to allow a small disturbance of the Duncan Run floodplain for the purpose of providing the 60' access road as required by Section 165-31B(1) of the Zoning Ordinance. VOTE TO APPROVE: 8-0 (Ellington, Wilson and Stone Absent) 0 0 15 17 12A ` 18 3 0 14 A 13 10 Rest Church � 11 'I'd I- 11 G o d G Chur ch Roo Rf. 669 O� 2 rA 0 90 pt/ncon Run - == _ __ =-� a 4 5 A e 6 25 2Q 2 "�'..• °W GEC Za m z °odbrne Rood ��(` e 'y0)oh i3 n 92 r 95 8 H 5C 96A a 6' 97 - RT 669 6 A 89 9a T 07Q CJ� 68 -- 101C 7 100 101 104 88 103 107 87A 8A %0 O h 8 U isfpl. O' I •n)Stie �O Cone c �' Bror,son S""g RdOd o 8 qa l� � 0 p p Rt. 668 ° 109 PIN: 33—A-3/33-9-1..8 MDP #003-96 Whitehall Business Park DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, 22824-0278 January 31, 1996 Mr. Merchant T. McDonald C/O Harris, Smariga 8z Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Merchant: WILLIAM H. BUSHMAN, P. E. RESIDENT ENGINEER TEL (540) 984.5600 FAX (540) 984-5607 Ref: White Hall Business Park/ Flying J Travel Center Route 1-81 /669 Frederick County, VA As requested, we have reviewed your preliminary master development plan dated November 17, 1995 for the referenced project. While we have no overall objections to your proposed access road layout and .entrance configurations as shown on the master plan, this project will have a significant traffic impact on Route 669 and the adjacent 1-81 interchange area. Our comments are as follows: Access Roadway 1. The 60' access easement should be designated as a public right-of-way. 2. An adequate cul-de-sac should be provided at the end of the access roadway. 3. A standard commercial entrance should be provided off of the access roadway at the emergency access. If the Flying J Corporation does not desire normal access through this entrance, then it could be gated. Route 661 /1-81 Interchange 1. You have proposed to reconstruct Route 669 to a four lane section. This should be adequate to accommodate your development. However, we foresee a five lane urban section being ultimately needed; five 12' lanes (two thru lanes, two right turn lanes and one center left turn lane). The fifth lane or west bound right turn lane can be added at a later date when the need for it is justified. For design purposes the existing center line of Route 669 should be maintained as the proposed left turn lane center line. Additionally you will need to provide curb 8z gutter (VDOT Standard CG-6) with appropriate stormsewer system on the south side of the roadway. 2. Adequate right-of-way, whether on your property or adjacent properties, will need to be provided to accommodate the necessary roadway improvements. Acquisition of necessary right-of-way will be your responsibility. 3. Guardrail adjustment and pavement wedging may be necessary between the south bound on/off ramps and the 1-81 bridge to improve the west bound approach and alignment to the Route 669 improvements. 4. A minimum 250'x12" right turn lane and 250' taper will need to be provided on the south bound off ramp to accommodate west bound traffic onto Route 669. 5. 100' pavement radii will need to be provided on the west sides of both south bound on/off ramps. 6. Based on the traffic data you have previously provided, signalization is not anticipated. However, further analysis should be performed to verify this conclusion. At the very least an agreement between the Department and your client to cover signalization of the south bound ramps for a period of five years after opening of the facility will be required. Please keep in mind our comments are limited to the information contained on this preliminary master plan. Before making any final comments this office will require a complete set of construction site plans, drainage calculations, and further traffic analysis for review. Upon submission of a site plan it should contain the above noted items. Thank you for the opportunity to comment on this proposal. If you have any questions or wish to discuss any of the above comments, please feel free to give me a call. Sincerely, William H. Bushman, P.E. Trans. Resident Engineer 6�� 46. 4C46-aas "M By: Robert B. Childress Trans. Permits 81 Subdivision Specialist Supervisor RBC/rf Enclosure xc: Mr.). B. Diamond Mr. S. A. Melnikoff Mr. R. W. Watkins • RECEIVED NOV 7 1,995 1�95 Lord Fairfax Health District 150 Commercial Street P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3401 FAX (540) 722-3475 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester November 20, 1995 Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, Md. 21701 Re: White Hall Business Park, Preliminary Master Plan Comments To Whom It May Concern: A subdivision plat approved by Jim Webb on August 31, 1990 indicates approval of one drainfield site per lot for lots 1 through 8 in the subject subdivision. The site on Lot 1 was used for repair of a failing sewage disposal system serving an dwelling near Route 669 in April 1993. (Most of the old sewage disposal systems serving the properties near the road have failed in the past.) A construction permit for a sewage disposal system was issued for Lot 5 on June 14, 1993 for a maximum of 30 employees. Our records do not indicate that this system has been installed. No proposals or applications have been received for the remaining lots. Water use for each site will be determined when applications for sewage disposal systems and wells are received and additional site evaluations are conducted. A specific application and proposal for a sewage disposal system for the proposed Travel Plaza should be submitted to the appropriate state agency as soon as possible. The water supply for the proposed establishment will probably be considered a public water supply which must meet all requirements of the Waterworks Regulations, including a dedicated well lot (surveyed and recorded). Please contact me with any questions. Sincerely, I� IDo gailey Frederick -Winchester Health Department DD/dd V V//DHVIRGINIA OF HEA THNT Protecting You and Your Environment a COUNTY OF FREDERICK, VIRGINIA 04 FIRE AND RESCUE DEPARTMENT 9 N. Loudoun Street, 2nd Floor ..�3eWinchester, Virginia 22601 17 Thomas W. Owens — Douglas A. Kiracofe Director Fire Marshal November 28, 1995 Harris, Smariga and Associates, Inc. 41 East All Saints Street Frederick, Maryland 21701 Dear Sir, I have completed my review of the Master Development Plan, which you submitted for the White Hall Business Park. As you can see on the attached comment sheet, I am recommending approval of the plan. There are however, some issues that I will address in more detail on the Site Plan, when it is sent to our office for review. One such issue has to do with the identification and design of a Hazardous Materials Recovery and Abatement area. This is an area that a truck hauling hazardous materials could go to in the event they discover a leak after stopping. I've had some conversation with the owners of Flying J regarding this issue. Fire Lanes will be necessary on the site plan to ensure immediate access to all structures on the site, and other potential problem areas. Fire safety issues concerning the above ground storage of Propane will also be addressed on the Site Plan. In the Re -Zoning proffer agreement, dated November 21, 1990, the owners of the Business Park proffered two water storage ponds, with wells for ensuring a year round water level. One of these is to be constructed prior to obtaining an occupancy permit for the first occupant. Representatives of Flying J have indicated that they are planning to fully sprinkler this facility. This will require the storage of sufficient water to supply such a sprinkler system. At this time in the planning processes, I'm not sure whether an outside pond or a tank is being planned for this purpose, but I believe either will satisfy the intent of the afore mentioned proffer requirement. Please try to have this issue clarified and shown on the Site Plan submittal to expedite this project. In addition to the sprinkler protection, dry hydrants should be planned for to make Fire Dept. operations more efficient on this site. Also, please include the following on your General Construction Notes, on the Site Plan. " The burning of land clearing debris on site is allowed after receiving a burning permit from the Fire Marshal's Office. The burning of construction debris and scraps, on site, is prohibited." DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682 Harris, Smariga and Associates, Inc. page 2 Should you have any questions regarding this review, please do not hesitate to call me. Sincerely, Douglas A. Kiracofe Fire Marshal cc: Evan Wyatt, Planner David Whitacre, Chief Co.13 file OE C r. i rr �, +7!�1 ! n t err • COUNTY of FREDERICK Public Works Department Harvey E. Strawsnyder, Jr., P.E. Director 703/665-5643 Fax: 703/678-0682 November 21, 1995 Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, Maryland 21201 RE: Master Development Plan for the White Hall Business Park Frederick County, Virginia Gentleman: We have reviewed the Preliminary Master Development proposed for the White Hall Business Park and offer the following comments: 1. The proposed 24 foot wide access road shall be appropriately named. Also, provide a typical pavement section. The Virginia Department of Transportation will require a cul-de-sac at the end of the road. Temporary cul-de-sacs will be required as each lot is developed. These should be shown on the approved subdivision plans. 2. Stormwater management ponds shall not be located within areas of known sinkholes without providing an engineered design to prevent subsidence or groundwater pollution. It appears that the area designated on Lot 2 as a stormwater management area and wet pond is very close to a sinkhole. In all probability, the stormwater ponds will require the addition of a liner to provide permanent retention. Refer to note number 4 signed by the property owner. It appears that the term detention should be changed to read retention which implies a wet pond. 3. It appears that a majority of Lot 3 is located within the 100 year flood plain. We will not approve construction of structures within the 100 year flood plain. Therefore, consideration should be given to designating this lot as open space or for use as stormwater management. Note #11 may address this problem. 107 North Kent Street Winchester, Virginia 22601 • White Hall Business Park Page 2 November 21, 1995 0 4. The promulgation of wetlands shall be appropriately addressed through the Department of Environmental Quality and The U.S. Army Corps of Engineers. Correspondence from these agencies should be submitted with the site plan documents for the Flying "J" Travel Plaza. Please contact the undersigned if you have any questions regarding the above comments. Sincerely, Harvey�E.rawsnyder, Jr., P.E. ��^ICJ/ Director of Public Works HES:mlh cc: file SERVING THE TOP OF VIRGINIA / WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (703) 662-2422 Please consider the following comments when reviewing this Request for Master Development Plan: The Developer should be familiar with and be required to comply with the provisions of the Frederick County Code, Article XIII, API Airport District, to ensure the complete safety of the Winchester Regional Airport. Airspace and navigational aids within the Airport District may limit the height and use type of the development. The Developer should also be familiar with the following codes: Title 15.2 Code of Virginia, Section 491.02 (Airport Safety Zoning) Title 5.1 Code of Virginia, (Permits Required for Erection of Certain Structures). Received from Granville Amos, Airport Exec. Director Reviewed 12-1-95 Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received �� Application Hop, 3- k Complete. Date of acceptance.sf-�f7 Incomplete. Date of return. 1. Project Title : Wffl'fC HAt-L FSi,tiSir eE ,'- 2. Owner's Name: /�14456CJ CipyP 241PEL00 -72.0 s P-AftDocK S-r -E-ET I J I 57E fl— VA zz 6 6. 1 (Please list the names of all owners or parties in interest) 3. Applicant : FLY1rJG J- /Nc. Address: -5t W ES 1 ( 10 Sock714 l(TA)J Phone Number: goo i =`734 6q 7 4' 4. Design Company: HAP,.R-IS,S1'1'►466-A K ksvCNwn -rmL- Address: -1-! EAS'i ALL S41S-Mk-F —I Fick i iMD 2t �a Phone Number: 56 Contact Name: T ME]2Q4AN I M (-1'1w 4-Q Page l I Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: E-�:-T (IU 0 o� 6. Total Acreage: 5Z . 0 q- ,11 7. Property Information: TMP 33(<h)) 3--10 a) Property Identification Number (PIN): I'mP 33 CC I)) I 'IhLkLA ?J b) Current Zoning: M-1 # Rj-- -5 c) Present Use: IM Th4E LAB d) 'Proposed Uses: BAAS►NE55 PAPLK e) Adjoining Property,Information: Property Identification Numbers Property Uses North IMP Z 5LCA , l .t 18 OKC-99ar) South —IMP 33 i�1 � � VA-cA#4T East West -rm P 3- G 1 (-U L-- f) Magisterial District:TbV�i�}l-L_ 8. Is this an original or ameiided Master Development Plan? Original CX Amended _ I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the,master development plan shall include all contiguous land under single or common ownership., All required material will be complete prior to the submission of my master development plan„ application. , Signature: Date: Page 12 it .I ■ h:l 1 N -� 3 3- A- 9 � D e �1Gvev� )Mon eL � 1 ' 33 — A —9 ! A•1��a� GYM 33 9Z m d r h do 1-17, (/1a If J-r ' —,33 — A — 9 % 33 -A —1OI Q- 'tf . .J -- 3 3— A — i O 1 C.' ��� I- Cor_ns( , b aKav-j 33— A — I01 D •�c('or� a i 33—A —100• Nkou."c,,v-r v.ktiL C. 3 3—A — 1-0-7 • —i 3-A 9,8 Ic — /4 —Hill rC- I O rd- - 3 3 8 g. Fru� , l� —,�Z 3 — A ' 1-1 • &��vs-4 a-e c and � Z IS — Ar I I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 February 15, 1996 Harris, Smariga & Associates, Inc. Att. T. Merchant McDonald, P.E. 41 East All Saints Street Frederick, Virginia 21701 RE: Preliminary Review of Whitehall Business Park Master Development Plan Dear Mr. McDonald: I have reviewed the above referenced plan in relation to the requirements of Section 165-130 of the Frederick County Zoning Ordinance. The following information needs to be incorporated onto the final version of this plan: 1) Please provide the zoning and use for the properties identified as TMP 33-A-88 and TMP 33-A-89. 2) Please revise the Vicinity Map to provide the road names that are indicated on the marked -up plan. 3) Please verify the woodland information on the environmental features chart. I believe that Lot 8 contains woodlands by definition of the Zoning Ordinance. 4) Please revise the information depicted under item #9 of NOTES to reflect the information on the marked -up plan. 5) Please provide the required buffer category, the required distance and a description of the required screening along the rear property line of Lot 8. 6) The proposed master development plan calls for improvements to Rest Church Road (Rt. 669) within an 80' right-of-way which tapers into a 48' right-of-way. Please provide a narrative that describes how the necessary right-of-way will be obtained from all property owners that are impacted by this improvement. 7) Please provide a note on the plan that specifies that the 60' access easement will be dedicated for public access. Please remove the note on the 24' pavement that states 60' private access esmt. 8) Please provide a temporary turnaround at the end of the 60' access easement and provide the location of the access easement to the fire pond as well as a detailed description of how this access easement will be constructed to accommodate fire and rescue needs. 9) Please provide a street name that will be used for the Phase II development. Our graphics department needs to verify the availability of the proposed road name, and will need to reserve the approved name for future addressing of businesses. 107 North Kent Street - Winchester, Virginia 22601-5000 • E Page -2- McDonald Letter February 15, 1996 The proposed master development plan will be considered by the Planning Commission on February 21, 1996, and by the Board of Supervisors on February 28, 1996. The revisions specified in this letter do not need to be incorporated onto a revised plan for the purposes of these meetings. However, the final version of the plan will need to include all comments specified in this letter, as well as all comments of other review agencies, the Planning Commission and the Board of Supervisors. Once that is accomplished, our department will proceed with final administrative approval of the proposed master development plan. Please contact me if you have any questions regarding this letter. Sincerely, L �- Evan A. Wyat Planner II Enclosure t Frederick County Virginia Master Development Plan Application Package Request for Master Development Plan Commenis Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 4th Floor Department of Planning and Development 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: 14 A 9-W5 SmaL, CA 1- c-jA- =S 1u4 Address: l5T- /-lac 5 R iNTS ��T2!�T 1r C»ctL b&T-) Phone Number: 30I ,t,'t - 9-+P Name of development and/or description of the request: 4V-( M AS 2 PLW i---�(� L,)i+VTC HALL i5Mi r1E55 Pi4(LL Location of property: SOC(Tl-iOEST 0tk-DKAyJi QF /tATkl�LC11aN 0I - Departm nt of Planning and Development's Co ments: Q i.r.Inr Ij2 , § 165-130 • WN �tT►fi4" Bus �N�SS P�cK M o� ZI -7 Igo ZONING § 165-130. Contents of preliminary master development plans. § 165-130 A. All required items shall be shown clearly on the plan. All preliminary MDP's shall be prepared in accordance with the following /specifications: (1) The scale shall be one (1) inch equals one hundred (100) feet or larger [the ratio of feet to inches shall be no more than one hundred (100) feet to one (1) inch] or at a scale acceptable to the Director. The scale shall be sufficient so that all features are discernible. (2) No sheet shall exceed forty-two (42) inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one (1) sheet, match lines shall clearly indicate where the sheets join. v(3) All MDP's shall include a North arrow, a scale and a legend describing all symbols. (4) A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, is required for all MDP's. ✓(5) The total area of the property shall be specified on the MDP. (6) The topography shall be shown at contour intervals acceptable to the Director. (7) The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified. ✓(8) A schedule of phases, with the approximate location of phase boundaries and the order in which the phases are to be developed, shall be provided. ,/ J3 The use of all adjoining properties shall be clearly designated on the MDP. 33 - A - 86 J 33 -A - 84 10 An inset map shall be provided showing the location of the project along with the location of all existing or approved public roads, streets or rights -of -way within two thousand (2,000) feet of the boundaries of the project. REVISE mo&b&iA ACS 16655 6 - 25 - 95 § 165-130 FREDERICK COUNTY CODE § 165-130 B. Contents of a preliminary master development plan in the Residential Performance District, the Residential Planned Community District, the Residential Recreational Community District and the Mobile Home Community District. The preliminary MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information: (1) A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses. (2) The approximate acreage in common open space, in each use and housing type and in roads, streets or rights -of -way for each phase and the total development. (3) The location and approximate boundaries of proposed housing types conceptually shown in accord with residential performance dimensional requirements. (4) The proposed number of dwelling units of each type in each phase and in the total development. (5) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands. (6) The location of environmental protection land to be included in common open space. (7) The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space. (8) The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space. (9) The location and general configuration of recreational facilities, with a general statement of the types of recreational facilities to be provided. 16656 6 - 25 - 95 i • • § 165-130 ZONING § 165-130 (10) The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. (11) The proposed location, arrangements and right-of-way widths of roads and streets and the location of proposed access to surrounding properties. (12) The location and arrangement of street entrances, driveways and parking areas. (13) The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities. (14) A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one (1) lot. (15) Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed. (16) The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board i of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. (17) A history of all land divisions that have occurred in relation to the tract since the adoption of this requirement. C. Contents of a preliminary master development plan in the M1 Light Industrial District, the M2 Industrial eneral District, the EM Extractive Manu acturing District, the HE Higher Education District, the B1 Neighborhood Business District, the B2 Business General District or the B3 Industrial Transition District. The preliminary MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: ✓(1) A conceptual plan, showing the location and arrangement of proposed uses. (2 The existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined. ft so wc-rn.wnt b 5 oN parrs 1 = 7- 16657 6-25-95 • § 165-130 43) ✓(4) V1@ N/A(6) FREDERICK COUNTY CODE § 165-132 (- The proposed location and arrangement of all streets and utility systems. The proposed location of entrances to the development from existing public streets. A conceptual plan for stormwater management and description and the location of all stormwater facilities designed to stmrvo more than one (1) parcel. The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or identified on the Virginia Historical Landmarks Commission Survey for Frederick County. (7) All proposed buffering and screening required by this chapter. LO-r $ �8 The use of adioining parcels and the location of adjoining streets and utilities. 33 -A - 88 c 31- A - 89 § 165-131. Final master development plans. A. The final MDP shall conform with the requirements in §§ 165-124 through 165-130. B. Descriptions of changes made since approval of the preliminary MDP or as required with approval of the preliminary MDP shall be provided. C. An approval block and signature lines for the Director of Planning and Development shall be provided. § 165-132. Master development plan review fees. The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the county for the costs associated with the review of the MDP. 16658 6-25-95 Edinburg Residency VDOT &L 1-540-984-5607 J 3 '6 11:32 No.008 P.03 F Frederick County Virginia Master Development Plan Application Packa� Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attm Resident 'En—ineer P,O. Box 278 Edinburg, Virginia 22924-0278 (540) 984-413 3 Hand deliver to Virginia Department of Trarisportation 1550 Commerce Street Winchester, VA (540) 722-3460 J Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MI DP with the sheet. Applicant's Name: Address Phone Number 4 V-- 99D . m-N z 1-10 4 Name of development and/or description of the request. S Fb(I- WI-fi-r-e N4L4- 8ci � (hw4s 7RAU, Location of prop Virginia Department of Transportation's Comments: Sae attadied ]tter Butt W. H- Hxitni to )his, SMgdM S Associates, Trr_ c%:ed .Inni 11, 1996- 1 Date tec�i`vcd l'1 lv 9�' Key ew urn er " 3 4` fQieasc Ctrc.la tine) Date rep i<<ti<d qt, pste a+ro� �J _ q V R��'t mitt rcga;' Signntur< an(UP;tv Page 20 'Ed'inburg Residency VDOT E{ 1-540-984-5607 J7 96 11:32 No.008 P.01 DAVID R. GEHR COMMISSIONER post-ItIm brand fax transmittal memo 7671 V of pages r 3 Te Mtn . EVAN WYATT Fro Co. Co. Dept. Phone Fax # Fax N COMMONWEALi tl of VLKkJ1A1N DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE P.O. Box 278 EDINBURG,22824 07.78 January 31, 1996 Mr. Merchant T. McDonald C/O Harris, Smariga ex Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Merchant: WILLIAM H. BUSHMAN, P. E. RESIDENT CNGINEER TEL (540) 904.SBW FAX (540) 984.5607 Ref: White Hail Business Park/ Flying ) Travel Center Route 1-81 /669 Frederick County, VA As requested, we have reviewed your preliminary master development plan dated November 17, 1995 for the referenced project. While we have no overall objections to your proposed access road layout and entrance configurations as shown on the master plan, this project will have a significant traffic impact on Route 669 and the adjacent 1-81 interchange area. Our comments are as follows: Access Roadwa 1. The 60' access easement shoufd' be designated as a public right-of-way. 2. An adequate cul-de-sac should be provided at the end of the access roadway. 3. A standard commercial entrance should be provided off of the access roadway at the emergency access. If the Flying J Corporation does not desire normal access through this entrance, then it could be gated. Route 661 /1-81 Interchange 1. You have proposed to reconstruct Route 669 to a four lane section. This should be adequate to accommodate your development. However, we foresee a five lane urban section being ultimately needed; five 12' lanes (two thru lanes, two right turn lanes and one center left turn lane). The fifth lane or west bound right turn lane can be added at a later date when the need for it is justified. For design purposes'the existing center line of Route 669 should be maintained as the proposed left turn lane center line. Additionally you will need to provide curb & gutter (VDOT Standard CG-6) with appropriate stormsewer system on the south side of the roadway. TRANSPORTATION FOR THE 21 ST CENTURY " Edinburg Residency VDOT4E 1-540-984-5607 ( ,96 11:32 No.008 P.02 2. Adequate right-of-way, whether on your property or adjacent properties, will need to be provided to accommodate the necessary roadway improvements. Acquisition of necessary right-of-way will be your responsibility. 3. Guardrail adjustment and pavement wedging may be necessary between the south bound on/off ramps and the I-81 bridge to improve the west bound approach and alignment to the Route 669 improvements. 4. A minimum 250'x12' right turn lane and 250' taper will need to be provided on the south bound off ramp to accommodate west bound traffic onto Route 669. 5. 100' pavement radii will need to be provided on the west sides of both south bound on/off ramps. 6. Based on the traffic data you have previously provided, signalization is not anticipated. However, further analysis should be performed to verify this conclusion. At the very least an agreement between the Department and your client to cover signalization of the south bound ramps for a period of five years after opening of the facility will be required. Please keep in mind our comments are limited to the information contained on this preliminary master plan. Before making any final comments this office will require a complete set of construction site plans, drainage calculations, and further traffic analysis for review. Upon submission of a site plan it should contain the above noted items. Thank you for the opportunity to comment on this proposal. If you have any questions or wish to discuss any of the above comments, please feel free to give me a call. Sincerely, William H. Bushman, P.E. Trans. Resident Engineer By: Robert B. Childress Trans. Permits ez Subdivision Specialist Supervisor RBC/rf Enclosure xc: Mr. ). B. Diamond Mr. S. A. Melnikoff Mr. R. W. Watkins COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE DAVID R. GEHR PO BOX 278 COMMISSIONER EDINBURG, 22824-0278 December 4, 1995 Mr. T. Merchant McDonald, P.E. C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Merchant: WILLIAM H. BUSHMAN, P. E. RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Ref: White Hall Business Park Flying J Truck Plaza Route 669 Frederick County We have received your preliminary master plan for the referenced project dated November 17, 1995. We have forwarded the master plan along with the traffic count information you recently provided to our District Traffic Engineer in Staunton. Once we receive any review comments we will forward them to you. In the meantime if you have any questions, please let me know. Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf xc- Mr. J. B. Diamond Mr. S. A. Melnikoff Mr. R. W. Watkins r Or Frederick County Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County -Winchester Health Department Mail to: Hand deliver to: Frederick -Winchester Health Department 800 Smithfield Avenue Attn: Sanitation Engineer Winchester, VA P.O. Box 2056 (540) 722-3480 Winchester, Virginia 22604 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the NiDP with the sheet. Applicant's Name: HAgAls S 0AiZj CA 'T L'SouR r�5 Address: 4( L--A A Li— Si},�-T m D 2-1101 Phone Number 3b1 — b C, -L — 444- bt Name of development and/or description of the request: 1��CL1Y11Nq-f-4 MASTED PL.A*J Fo r' . W14 tTC V+AL4_ I-SuSI tyt-ss "PAfLK Location of property: SQLA_n+W_ I— G LkAT) .. ,s c •.• Frederick County -Winchester Health Department's Comments: Frederick County - Winchester Health Deliartment use uul\ : Date received Revic\\ Number 1 2 i d 5 (l\Icasc circle one) ;;DUIC Dow approve-d Revision required %:SI�TISIUCC and Date 20 Page 27 R E C c 1 3 A D NC'I Lord Fairfax Health District 150 Commercial Street 0 P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3401 FAX (540) 722-3475 Counties of Clarks Frederick, Page, Shenandoah, Warren, and City of Winchester November 20, 1995 Harris, Smariga & Associates, Inc. 41 East Ali Saints Street Frederick, Md. 21701 Re: White Hall Business Park, Preliminary Master Plan Comments To Whom It May Concern: A subdivision plat approved by Jim Webb on August 31, 1990 indicates approval of one drainfield site per lot for lots 1 through 8 in the subject subdivision. The site on Lot 1 was used for repair of a failing sewage disposal system serving a# dwelling near Route 669 in April 1993. (Most of the old sewage disposal systems serving the properties near the road have failed in the past.) A construction permit for a sewage disposal system was issued for Lot 5 on June 14, 1993 for a maximum of 30 employees. Our records do not indicate that this system has been installed. No proposals or applications have been received for the remaining lots. Water use for each site will be determined when applications for sewage disposal systems and wells are received and additional A specific application and proposal for a sewage disposal system for the proposed Travel Plaza should be submitted to the appropriate state agency as soon as possible. The water supply for the proposed establishment will probably be considered a public water supply which must meet all requirements of the Waterworks Regulations, including a dedicated well lot (surveyed and recorded). Please contact me with any questions. Sincerely, Dou�% g DVailey Frederick -Winchester Health Department DD/dd V//DHVIRGINIA OF HEA THNT PraW ins You mod " E,w:on,..w rIader;� - County Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority 199 Front Royal Pike Attn: Engineer Director Winchester, VA P.O. Box 618 (540) 665-5690 Winchester, Virginia 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name:; 5 J✓?Rf�CrA Address: 41 :,nS-r AU s tHTS 5T F A60 Enk Cj/-- , 21-1 o I Phone Number: 1561 662 —44-89 Name of development and/or description of the request: i�94EU rm i N IrASTIE-I- PLAq F--0 R 61 A I R 14 L-` 9 w5 I to S V A-RLX— e.i _' . • d. Frederick County Sanitation Authority's C A/D t-0-,0,W FAII— — f1 ents: f/R ST /�,t' IX&C* Page 22 • Thomas W. Owens Director November 28, 1995 Harris, Smariga and Associates, Inc. 41 East All Saints Street Frederick, Maryland 21701 Dear Sir, COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 9 N. Loudoun Street, 2nd Floor, Winchester, Virginia 22601 Douglas A. Kiracofe Fire Marshal I have completed my review of the Master Development Plan, which you submitted for the White Hall Business Park. As you can see on the attached comment sheet, I am recommending approval of the plan. There are however, some issues that I will address in more detail on the Site Plan, when it is sent to our office for review. One such issue has to do with the identification and design of a Hazardous Materials Recovery and Abatement area. This is an area that a truck hauling hazardous materials could go to in the event they discover a leak after stopping. I've had some conversation with the owners of Flying J regarding this issue. Fire Lanes will be necessary on the site plan to ensure immediate access to all structures on the site, and other potential problem areas. Fire safety issues concerning the above ground storage of Propane will also be addressed on the Site Plan. In the Re -Zoning proffer agreement, dated November. 21, 1990, the owners of the Business Park proffered two water storage ponds, with wells for ensuring a year round water level. One of these is to be constructed prior to obtaining an occupancy permit for the first occupant. Representatives. of Flying J have indicated that they are planning to fully sprinkler this facility. This will require the storage of sufficient water to supply such a sprinkler system. At this time in the planning processes, I'm not sure whether an outside pond or a tank is being planned for this purpose, but I believe either will satisfy the intent of the afore mentioned proffer requirement. Please try to have this issue clarified and shown on the Site Plan submittal to expedite this project. In addition to the sprinkler protection, dry hydrants should be planned for to make Fire Dept. operations more efficient on this site. Also, please include the following on your General Construction Notes, on the Site Plan. " The burning of land clearing debris on site is allowed after receiving a burning permit from the Fire Marshal's Office. The burning of construction debris and scraps, on site, is prohibited." DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682 Harris, Smariga and Associates, Inc. page 2 Should you have any questions regarding this review, please do not hesitate to call me. Sincerely, Douglas A. Kiracofe Fire Marshal cc: Evan Wyatt, Planner David Whitacre, Chief Co.13 file -- COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.1127952955 Date Received 111795 Date Reviewed 112795 Applicant Harris, Smariga and Associates, Inc. Address 41 East All Saints Street Frederick, Maryland 21701 Project Name White Hall Business Park Phone No. 3 01-662-448 8 Type of ApplicationMaster Development Plan Current Zoning B-3 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Posted Fire Lanes will be required at all hydrants, siamese location, and for access to all structures. Will address on Site Plan. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes XX No Comments Propane Storage Tanks. Will address specific safety requirements on Site Plan. Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes XX No Plan Approval Recommended? Yes XX No Signatui(e , �1Title ��/�1�e�•�y,� COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.1127952955 Date Received 111795 Date Reviewed 112795 Applicant Harris, Smariga and Associates, Inc. Address 41 East All Saints Street Frederick, Maryland 21701 Project Name White Hall Business Park Phone No.301-662-4488 Type of ApplicationMaster Development Plan Current Zoning B-3 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystenKX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Posted Fire Lanes will be required at all hydrants, siamese location, and for access to all structures. Will address on Site Plan. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes XX No Comments Propane Storage Tanks. Will address specific safety requirements on Site Plan. Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes XX No Plan Approval Recommended? Yes XX No Signatu 0 1 0 COUNTY of FREDERICK Public Works Department Harvey E. Strawsnyder, Jr., P.E. Director 703/665-5643. Fax:703/678-0682 November 21, 1995 Harris, Smariga & Associates, Inc. 41 East A11.Saints Street Frederick, Maryland 21201 RE: Master Development Plan for the White Hall Business Park Frederick County, Virginia Gentleman: We have reviewed the Preliminary Master Development proposed for the White Hall Business Park and offer the following comments: 1. The proposed 24 foot wide access road shall be appropriately named. Also, provide a typical pavement section. The Virginia Department of Transportation will require a cul-de-sac at the end of the road. Temporary cul-de-sacs will be required as each lot is developed. These should be shown on the approved subdivision plans. 2. Stormwater management ponds shall not be located within areas of known sinkholes without providing an engineered design to prevent subsidence or groundwater pollution. -It appears that the area designated on Lot 2 as a stormwater management area and,wet pond is very close to a sinkhole. In all probability, the stormwater.ponds will require the addition of a liner to provide permanent retention. Refer to note number 4 signed -by the property owner. It appears that the term detention should be,changed to read retention which implies a wet pond. 3. It appears that a majority of Lot 3 is located within the 100 year flood plain. We will not approve construction of structures within the 100 year flood plain. Therefore, consideration should be given to designating this lot as open space or for use as stormwater management. Note #11 may address this problem. 107 North Kent Street Winchester, Virginia 22601 White Hall Business Park Page 2 November 21, 1995 4.- The promulgation of wetlands shall be appropriately addressed through the Department of Environmental Quality and The U.S. Army Corps of Engineers. Correspondence from these agencies should be submitted with the site plan documents for the Flying "J" Travel Plaza. Please contact the undersigned if you have any questions regarding the above comments. Sincerely, -- - - Harvey E. rawsnyder, Jr., P.E. Director of Public Works HES:mlh cc: file • 81995 RECEIVED DEC 1 • Frederick County Virginia Master Development Plan Application Package _Request for Master Development Plan Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport 491 Airport Road Attn: Executive Director (Route 645, off of Route 522 South) 491 Airport Road (540) 662-2422 Winchester, Virginia 22602 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. f/�lSm A� a AS�OCt�,E-S , -roc- Address: . Applicant's Name: ' 4-1 C fps 1 ARA— ST12O-e 1 Phone Number: -601 — b& 2 — Name of development and/or description of the request: P (Zraj nn i tAPa-m iYi 4S� Q [ A - ,A Fmt \A) 1+ Ile 14-ALL ►?- 4As i LESS PAP - Location of - C61 Page 28 § 165-94 FREDERICK COUNTY CODE § 165-97 B. The Planning Commission may require landscaped screens or full landscaping, as defined by § 165-37B of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter. § 165-95. Height limitations. Buildings, signs and structures may be erected up to forty-five (45) feet in height. ARTICLE XIII AP1 Airport District § 165-96. Intent. The AP1 Airport District is intended to ensure the complete safety of the Winchester Regional Airport. It is intended to prevent the encroachment of airport hazards and requires existing potential airport hazards to be removed, altered, marked or lighted as deemed necessary by the Executive Director of the Winchester Regional Airport Authority. This Article also provides for noise easements and noise abatement to protect adjoining zones from the exposure of airport noise. § 165-97. Airport safety zones. A. In order to carry out the provisions of this district, zones are established which include all of the land and airspace of Frederick County with elevations equal to and above the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Winchester Regional Airport. These zones are established as overlay zones and are shown on the County Map which is part of this chapter.13 The various zones are hereby established as follows: (1) Airport Zone. A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface. 13Editor's Note: The Zoning Map for the county is on file in the county offices. 16628 • • f Ps'.- za� 2-4 -9C G� coas par+ o f `F- PI�g • § 165-97 ZONING § 165-98 (2) Approach Zone. A zone that extends away from both ends of the runway along the extended runway center line, with the floor set by .the approach surface. (3) Conical Zono. A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface. (4) Horizontal Zone. A zone established as the area within the conical zone, with its center at the airport reference point and having a radius of seven thousand (7,000) feet. (5) Transitional Zone. A zone that fans perpendicularly from the runway center line and approach surfaces, with the floor set by the transitional surface. B. The source of the specific geometric standards for these zones are to be found in Part 77.25, Subchapter E, Airspace, of Title 14 of the Code of Feaderal Regulations or in successor Federal Regulations. § 165-98. Height limitations. Except as otherwise provided in this district, no structure shall be erected, altered or maintained and no vegetation shall be allowed to grow in any zone created by this chapter to a height in excess of the height limit established for each zone. Where an area is covered by more than one (1) height limitation, the r-nore restrictive limitations shall prevail. Such height limitations are hereby established for each of the zones in question as follows: A. Approach Zone: one (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the center -line elevation of the end of the runway and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway. B. Conical Zone: one (1) foot in height for each twenty (20) feet of horizontal distance, beginning at the periphery of the horizontal zone, extending to a height of one thousand one hundred twenty-two and five -tenths (1,122.5) feet above the airport elevation. 16629 • § 165-98 FREDERICK COUNTY CODE § 165-99 C. Horizontal Zone: one hundred fifty (150) feet above the airport elevation or a height of eight hundred seventy (870) feet above mean sea level. D. Transitional Zone: one (1) foot in height for each seven (7) feet in horizontal distance,, -extending two hundred (200) feet beyond each end of the center line of the runway, extending to a height of one hundred fifty (150) feet above the airport elevation, which is seven hundred twenty (720) feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet of horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the approach zone projects through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the approach zone and extending a distance of five thousand (5,000) feet from the edge of the approach zone measured normal to the center line of the runway extended. § 165-99. Use restrictions. No permit shall be granted that would allow the establishment or creation of an airport hazard or a hazard to air navigation. Any permit granted in the airport zones may be conditioned to require the owner of the structure in question to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the FAA, the Virginia Department of Aviation or the Zoning Administrator. Notwithstanding any other provisions of this district and within the area below the horizontal limits of any zone established by this Article, no use may be made of land or water within any zone established by this chapter in such a manner as to: A. Create electrical interference with navigational signals or radio communication between the airport and aircraft; B. Diminish the ability of pilots to distinguish between airport lights and other lights; C. Result in glare in the eyes of pilots using the airport; D. Impair visibility in the vicinity of the airport; E. Create the potential for bird strike hazards, or 16630 § 165-99 ZONING § 165-101 F. Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport. § 165-100. Noise. _ Y A. Noise abatement. The Executive Director of the Winchester Regional Airport Authority shall provide the county with a noise abatement plan that will be shown on a day -night average sound level (LDN) map. This map will provide the county with all land that is encompassed within zones of sixty-five (65) LDN and above. It shall be the responsibility of the Planning Department to keep and maintain these LDN maps, as well as review all requests for development that fall within the LDN zones to determine the noise impacts on said development. B. Noise easements. It shall be the responsibility of the developer to provide a noise easement for any development that occurs within the noisy; abatement zones specified on the day -night average sound level (LDN) map. This noise easement shall hold harmless the Winchester Regional Airport from any lawsuit regarding noise pollution for any development that occurs within the specified LDN map zones described above. This noise easement shall be required for said development after the effective date of this chapter. 165-101. Nonconforming uses. A. Notwithstanding the provisions for nonconforming uses as established by this chapter, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation and maintenance of markers and lights as deemed necessary by the FAA, the Virginia Department of Aviation, the Executive Director of the Winchester Regional Airport Authority or the Zoning Administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated and maintained at the expense of the airport owners and not the owner of the nonconforming structure or vegetation in question. B. No permit shall be granted that would allow a nonconforming use, structure or vegetation to be made or become higher or to become a greater hazard to air navigation than it was on the effective date of this 16631 A § 165-101 FREDERICK COUNTY CODE § 165-102 chapter or any amendments thereto or than it is when the application for a permit is made. C. Whenever the Zoning Administrator determines that a nonconforming structure or vegetation has been abandoned or more than fifty percent (50%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or vegetation to exceed the ap- plicable height limit or otherwise deviate from the airport district regulations contained in this Article. § 165-102. Appeals. A. Prior to being considered by the Board of Zoning Appeals, the application for a variance from the requirements of the Airport District shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance to the spirit of this chapter. Additionally, no application for a variance to the requirements of this chapter may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Executive Director of the Winchester Regional Airport Authority for advice as to the aeronautical effects of the variance. B. Any variance granted may be conditioned to require the owner of the structure in question to install, operate and maintain, at the owners expense, such markings and lights as may be deemed necessary by the FAA, the Virginia Department of Aviation or the Zoning Administrator. If deemed proper with reasonable cause by the Board of Zoning Appeals, this condition may be modified to require the owner of the structure in question to permit the airport ov ,,, at the airport owners expense, to install, operate and maintain the necessary markings and lights. 16632 N A C 0 V E R FAX S H E E T To: Robin Smith Harris, Smariga & Associates, Inc. Fax #: 301-662-4906 Subject: Master Development Plan for Whitehall Business Park Date: November 17, 1995 Pages: 2 , including this cover sheet. CONIlvffi'NTS: The Frederick County Planning Department will not begin to review your master development plan until we receive the required fee. I have attached information showing the fee and its breakdown. If you have any further questions, please call. From the desk of... Renee' Arlotta Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 540-665-5651 Fax: 540-678-0682 White Hall Business Park MDP Fee: 52.0406 total acres Fee: $1,300 plus $40.00 per acre (to 50 acres) plus $30.00 per acre for each acre over 50 acres. $1,300.00 (base fee) + 2,000.00 (50 acres X $40) 61.218 (2.0406 acres X $30) $3,361.218 = $3,361.22 0 RFCEIVE*V 2 7 5 r reaencK t,yunry v i� ginia Master Development Plan Application Package _Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and RecFeation 2nd Floor P.O. Box 790 Winchester, VA Winchester, Virginia 22604 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: f4etjSr �mAe-I G 4 ILssoc�A S Zr1C . Address: 41 E ALL S/ IN.TCI STKCCT7 p�t��^cZ► UG � 'M Pr rZ�l �-/1-N 4 Zt 70 I Phone Number: Name of development and/or description of the request. WjebmiaA" MkS;� PLAt4 F-bc GAA11E la-Axj- Fpd-�, Location of property: o V-kG Department of Parks and Recreation's Comments: /Jy -U •� m -- Zo � Page 26 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 December 19, 1990 Mr. Henry Buettner 720 South Braddock Street Winchester, Virginia 22601 Dear Mr. Buettner: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 12, 1990. Rezoning application #009-90 of Whitehall Business Park was approved for the rezoning of 15.03 acres from RA (Rural Areas) to M-1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B- 3 (Industrial Transition). This property is located at the southwest intersection of I-81 and Route 669 in the Stonewall Magisterial District and is identified as parcels 91A and 91B on tax map 33 and parcels 4 and 5 on tax map 33A. If you have any questions regarding. the approval of this rezoning, do not hesitate to call this office. Please return your rezoning sign at your earliest convenience so we may begin the process of refunding your $25.00 deposit. Sincerely, Robert W. Watkins Planning Director RWW/slk cc:-----Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr. Treasurer 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission December 5, 1990 with proffers Board of Supervisors December 12, 1990 with proffers AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #009-90 of WHITEHALL BUSINESS PARK WHEREAS, Rezoning application #009-90 of Whitehall Business Park to rezone 15.03 acres from RA (Rural Areas) to M1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B3 (Industrial Transitional) located at the southwest intersection of I-81 and Route 669 in the Stonewall District, and designated as parcels 4 and 5 on tax map 33A (33AOOA000000000000040 and 33AOOA000000000000050) and parcels 91A and 91B on tax map 33 (33000A00000000000091A and 33000A00000000000091B), was referred to the Planning Commission on December 5, 1990; and WHEREAS, the Planning Commission held a public hearing on this application on December 5, 1990; and WHEREAS, the .Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on December 12, 1990; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning. District Map to change 15.03 acres from RA (Rural Areas) to M1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B-3 (Industrial Transitional) located at the southwest intersection of I-81 and Route 669 and is designated as parcels 4 and 5 on tax map 33A (33AOOA000000000000040 and 33AOOA000000000000050 and parcels 91A and 91B on tax map 33 (33000A00000000000091A and 33000A00000000000091B)as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: November 21,1990 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Reference: Whitehall Business Park Rainbow Group Property I-81 & Rt. 669 Frederick Co., Va. We the undersigned, sole owners of land to be rezoned under rezoning request number 009-90, referred to as the Whitehall Business Park rezoning, and the applicant for said rezoning, hereby, voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There will be two ponds provided to serve as sources of water supply for fire protection; one towards the northern portion and one towards the southern portion of the property. An easement will be provided to guarantee access of the local fire departments to the water supply. One well shall be provided with each pond to maintain a year-round water level. The design of easements and ponds shall be agreed to by the Fire Marshal and The Rainbow Group for adequacy as a source of water for fire protection. The approximate location of ponds shall be shown on the master development plan before any site plan is approved. At least one pond shall be provided before any occupancy permit is issued on the site. The second pond shall be provided as shown on the master development plan when the site containing said pond is developed. 2. Deeds shall specify that property owners will maintain ponds for fire protection. 3. The Rainbow Group and/or assigns will record architectural and development standards/restrictions/covenants and enforce all recorded standards. These shall include provisions for minimum architectural standards, site maintenance, landscaping and facility maintenance. These will include a requirement for an architecturally designed front facade visible from Interstate 81. Loading areas shall be on the west side of buildings. 4. A storm water management system will be described on the master development plan. The ponds may be used for detention if appropriate. 5. Buildings shall be shown on the site plans located between outdoor storage areas and boundaries of the property adjacent to Interstate 81. 6. A master development plan will be submitted for approval by the County before any site plans or subdivisions are submitted. 7. A complete opaque vegetative or other screen shall be provided, before any occupancy permit is issued, on the site between the primary entrance from Route 669 and adjoining properties containing residential uses. The screening shall be designed to not interfere with sight distance on Route 669. 8. Each separate lot shall be provided direct access to a road dedicated for state maintenance. The access road or roads shall be constructed at the time each lot is developed. No occupancy permit shall be approved on any lot until plans for the road have been approved by the Virginia Department of Transportation, the road has been constructed to said lot and the road has been dedicated to said lot for acceptance by the Virginia Department of Transportation. 9. Deeds for each lot shall establish a property owners association according to the requirements of the Frederick County Code. THE RAINBOW GROUP: Henry COBuettner, Jr. Xv RfCf1VF0 Ronald S. Simkhovitch WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" 40 �. 0 '-� This ordinance shall be in effect upon its passage. Passed this 12th day of December, 1990. A Copy Teste John R. Riley, Jr. Frederick County Administrator December 5, 1990 RAINBOW GROUP The deed shall contain the following restrictions which shall appear in all deeds for all building sites. 1. No abandoned nor unlicensed vehicles shall be retained on the building sites. 2. All business property shall be kept neat and clean. Grass and shrubbery should be kept trimmed. 3. All trash and debis shall be kept in a closed container and disposed of in a timely fashion from rear of building. 4. All businesses shall have the front land areas of buildings landscaped to present a pleasant appearance. 5. Building designs shall be reviewed witn members of the Rainbow Group for approval. THE RAINBOW GROUP: enry<�C Buettner, Jr. Ronald S. Simkhovitch WHITEHALL BUSINESS PARK HARRIS, SMARIGA & ASSOCIATES*C. Planning • Engineering • Surveying 41 East All Saints Street FREDERICK, MARYLAND 21701 (301) 662-4488 FAX (�30j1) 662-490(6 TO ��i�lv`ii—cal WE ARE SENDING YOU kAttached ❑ Under separate cover via ❑ Shop drawings K Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ iovvpa *unzim(m'T'nia DATE j7 /f ATTENTION �G�/1 RE: the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DES PTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested For review and comment ❑ FORBIDS DUE REMARKS RECEIVED DATE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: , If enclosures are not as noted, kindly notify s at once. R E tr - d v E D MAR 2 11996 ECOL ENVIRONMENTAL Success Through Caring Technology Mr. Merchant McDonald, Harris, Smariga & Associates, Inc., 41 East All Saints Street, FREDERICK, Maryland 21701 Dear Mr. McDonald, Further to our conversation of today, please find enclosed a copy of the application submitted to Virginia Department of Environmental Quality (FEDEX AWB No. 8589263211). Please feel absolutely free to call, if you need any further information. Yours sincerely, n V \ Dr.A.K.VAID March 20th, 1996 P.O. Box 12043 Aurora, Colorado 80012-3454 3031343-1051 FAX 3031344-5442 PS ass print or type in the unshaded areas only rfill—in areas are spaced for elite type, .e., 12ch Sc^i Fo FORM L ENVIRONMENTAL PROTECTION AGENCY 1 GENERAL INFORMATION Consolidated Permits Program GENERAL IS (Read the "General Instructions" before starling.) I. EPA I.D. Vill. FACILITY NAME N FACILITY\\ \ \ \ \ \ V. MAILING ADDRESS \ \ \ \ , PLEASE PLACE LABEL IN THIS FACILITY V 1. LOCATIOI 100ed OMB No 2000-0474 Approval expires 4.30.85 I. EPA I.D. NUMBER s F If a preprinted label has been provided, affix it in the designated specie. Review the inform- ation carefully; if any of it is incorrect, cross through it and enter the correct data in the appropriate fill—in area below. Also, if any of the preprinted data is absent (the area to the left of the label space lies the information that should appear), please provide it in the proper fill—in areas) below. If the label is complete and correct, you need not complete Items I, 111, V, and VI (except VI-8 which must be completed regardless). Complete all items if no label has been provided. Refer to the instructions for detailed item descrip- tions and for the legal authorizations under which this data is collected. IL POLLUTANT CHARACTERISTICS INSTRUCTIONS: Complete A through J to determine whether you need to submit any permit application forms to the EPA- If you answer "yes" to any questions, you must submit this form and the supplemental form listed in the parenthesis following the question. Mark "X" in the box in the third column if the supplemental form is attached. If you answer "no" to each question, you need not submit any of these forms. You may answer "no" if your activity is excluded from permit requirements; see Section C of the instructions. See also, Section D of the instructions for definitions of bold —fated terms. SPECIFIC QUESTIONS A. Is this facility a publicly owned treatment works which results in a discharge to water of the U.S.? (FORM 2A) Is this a tacinty wnlcn currently results in discharges to waters of the U.S. other than those described in E. Does or will this facility treat, store, or dispose of hazardous wastes? (FORM 3) u. uo you or will you Inject at this tacllity any produced water or other fluids which are brought to the surface in connection with conventional oil or natural gas pro- duction, inject fluids used for enhanced recovery of oil or natural gas, or inject fluids for storage of liquid h drocarbons? (FORM 4) I�zit Is a ity a proposed stationary source w Ic a one of the 28 industrial categories listed in the in- structions and which will potentially emit 100 tons per year of any air pollutant regulated under the Clean Air Act and may affect or be located in an attainment area? (FORM 5) Ill. NAME OF FACILITY SKIP Flying J. Inc. IV. FACILITY CONTACT ism A. NAME a: TITLE (loft, first, b title) Adams, Philli V. FACILITY MAILING ADDRESS SPECIFIC QUESTIONS S. Does or will this facility (either existing or proposed) include a concentrated animal feeding opera on or X aquatic animal production facility which results in a discharge to waters of the U.S.? (FORM 28) 0. Is this a proposed facility other than dlose dewrlbed X I in A or 8 above) which will result in a discharge to 1 F. Do you or will you inject at this facility industrial or municipal effluent below the lowermost stratum con- twining, within one quarter mile of the well bore, underground sources of drinking water? (FORM 41 „ X ss H. Do you or will you inject at this facility fluids for spe- cial processes such as mining of sulfur by the Frasch X process, solution mining of minerals, in situ combus- tion of fossil fuel, or recovery of geothermal energy? (FORM 4) J. Is this facility a proposed stationary source which is NOT one of the 28 industrial categories listed in the X instructions and which will potentially emit 250 tons per year of any air pollutant regulated under the Clean Air Act and may affect or be located in an attainmant area? (FORM 5) .. .. A. STREET OR P.O. BOX c P. O, Box 678 I S. PHONE (area code & no.) 801 734 '4 ID a. CITY OR TOWN C.STATE D. ZIP, CODE c 4 BRIGHAM CITY U t 8 4 3 02 VI. FACILITY LOCATION A. STREET, ROUTE NO. OR OTHER SPECIFIC IDENTIFIER c 51 I-81 & VA Route 669 SW Corner, as per plan a. COUNTY NAME TT Frederick C. CITY OR TOWN O.STATE E. ZIP COOE r _UUu I r i- c 6 Winchester V A 2 2 601 1 1 ' ' F� EPA Form 3510.1 (Rev. 10-80) CONTINUE ON REVERSE • NTINUED FROM THE FRONT vn, sIc L;UUts rv-o/gir, in oroer or pnortryl A. FIRST a. SECOND 7 5 5 4 1 (gyp"ify' Gasoline service station t7 (sp"ift' C. THIRD O. FOURTH (specify) I I I(specify) 7 7 VI11. OPERATOR INFORMATION A. NAM[ 8. la the name Iiatso i, Item VIII-A also th ` F y i n g J nc . owner 7 $ KI YES C NO • se C. STATUS OF OPERATOR (Enter the appropriate letter into the answer box: if "Other", specify.) o. /Hon[ (area code & no.) = FEDERAL M = PU13LIC (other than federal or stare) (specify) 8 0 1 4 6 4 0 0 S= STATE O= OTHER (specify) P A 117'3 P = PRIVATE E. STREET OR P.O. sox P. O. Box 678 F. CITY OR TOWN G.sTAT H. ZI/ CODE IX. INDIAN LAND BRIGHAM CITY U t 84 3 0 2 Is the facility located on Indian iands� B C YES LX: NO sz X. EXISTING ENVIRONMENTAL PERMITS A. N/DES (Discharges to Surface Rater) D. /SO (Air Emissions from Proposed Sources) 9 N NONE 9 p ,. Is r. „ r. �< a. u1C (Underground Injection of Fluids) E. OTHER (specify) ♦ NONE g T , (specify) C. RCRA (Hazardous wastes) E. OTHER (specify) C T C ♦ r (tpeclfy) 9 R NONE 9 rs r. n so X1. MAP im Attach to this application a topographic map of the area extending to at least one mile beyond property bounderies. The map must show the outline of the facility, the location of each of its existing and proposed intake and discharge structures, each of its hazardous waste treatment, storage, or disposal facilities, and each well where it injects fluids underground. Include all springs, rivers and other surface water bodies in the map area. See instructions for precise requirements. XII. NATURE OF BUSINESS (provide a brief description Flying J Inc. propose to build a state of the art Travel Plaza fir the travelling public. The facility will include a restaurant, gas and diesel filling stations, a C-stroe, showers and rest facilities for the truck drivers. XI11. CERTIFICATION (see instructional / certify under penalty of law that l have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information contained in the application, l believe that the information is true, accurate and complete. If am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. A. NAME 1 OFFICIAL TITLE (type or print) S. SIGNATURE C. DATE SIGNED PHILLIP ADAMS PRESIDENT DEC. 15, 199` COMMENTS FOR OFFICIAL USE ONLY e , C EPA Form 3610.1 IR— iram o—___ I Lt'A IU number (copy tram riern r or rorm 11 "' -11,-- OMB No. 2040-0086 Please type or print in the unshaded areas only rove/ex Tres 7.31-8 For. 2 E V*^ E PA Fa,„lities Which Do Not Disch.. ge Process Wastewater NPOES 1. Receiving Waters For this outfall, list the latitude and longitude, and name of the receiving water(s). Cutfall Latitude Longitude Receiving Water (name) Number (list) Deg Min Sec Degj Minj Sec 001 39 17 15 78 OS 25 Duncan Run, Opequon Creek II. Discharge Date (lf a new discharger, the date you expect to begin discharging) February , 1996 III. Type of Waste A. Check the box(es) indicating the general type(s) of wastes discharged. Other Nonprocess ® Sanitary Wastes ❑ Resiaurarn or Cafeiaria Wastes ❑ Koncontbct Co0jing Water ❑ Wastewater (ldenti ) B. If any cooling water additives are used, list them here. Briefly describe their composition if this information is available. NONE IV. Effluent Characteristics A. Existing Sources — Provide measurements for the parameters listed in the left-hand column below, unless waived by the permitting authority (see instructions). B. New Dischargers — Provide estimates for the parameters listed in the left-hand column below, unless waived by the permitting authority. Instead of the number of measurements taken, provide the source of estimated values (see instructions). (1) (2) (3) (or) (4) Number of Source of Pollutant or Maximum Average Daily Parameter Deity Value Value (last year) Measurements Estimate (include units) (include units) Taken (if new Mass Concentration Mass Concentration (lasr year) discharger) Biochem,cal Oxygen Demand(SOD) 3.76 kg 45 mg/l 2.28 kg 30 mg/l Flying J Total Suspended Solds (TSS) 3.76 kg 45 mg/1 2.28 kg 30 mg/1 facility Face) Coldorm (if believed present or if sanitary waste is 0 Q C FU /10 Onil as With (1 ) a t discharged) Total Res -dual Chlorine (if Chlorine is used) Zero Zero Zero Zero Witheville Oil and Grease 1.67 kg 20 mg/l 0.76 kg 10 mg/1 Virginia. 'Chemical oxygen demand (COD) 'Total organic carbon (rOC) Amm,onis (as N) 0.38 kg 5 mg/l 0.38 kg 5 mg/1 Value Discharge Flow app 22,000 gpd app 20,000 gpd H (give range) Value 6-9 6-9 Temperature (Winter) app. 25 .0 app. 15 •C Temperature (Summer) 30 •C app. 20 •C 'If nonconisci tooling water is discharged EPA Form 3510-2E (9-86) Page 1 of 2 V. Except for leaks or spills, will th scharge described in this form be intermittent ors nal? H yes. briefly describe the freq _I wv and duration. ❑ yes ® No 11. Treatment System (Describe briefly any treatment system(s) used or to be used) Proposed: An extended aeration treatment plant to include nitrification with a tertiary mixed media filter, to include chlorination and dechlorination. II. Other Information (Optional) Use the space below to expand upon any of the above questions or to bring to the attention of the reviewer any other information you feel should be considered in establishing permit limitations. Attach additional sheets, if necessary. III. Certification /certify under penehy of low that this document end ell attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnelproperlygather and evaluate the information submitted. Based on myinquiry of the person or persons who menage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge andbefief, true, accurate, and complete. lama ware that there are significant penelties for submitting false information, including the possibility of fine and imprisonment for knowing violations. - A. Name & Official Title B. Phone No. (area code Mr. Phillip Adams, President d no.) 801-734-6400 C. Signature D. Osie Signed rz �/' �7_ / &1, 2 �z B�c. 15, 1995 EFA Foffrt 3510-ZE (9.86) Page 2 of 2 ,, L `� c i.!' 'I ` p j - ,'t �, v _ • • %' -park Ridgeway 0 r '638 • Y 60 a Y•� ;`f-� ` 01• _ss MTERCLiAN ! .� • o _ Rest Vtwoodbi Q . \- .-. 9 ; f1 ` .` `'. ice• • ° .� _ _ i - _ 1669 _ BM626 J ippp l -%•( ill Yfj'.ilr���' '- `+•ut'w-� L� / r• _.•.J _ iy,l _ _ ' ,q "tech_='�`° =a °. ->�_ _ � 11n c C l� Branson SO 7 671 22 I — - s c s a M ,t' �� l� `' \� � .�. �' C./ _' e: / '_:'�J %�/paw='�•}�\ 1 6C gINTERCH NGE (f / as _ '� q ► �_ _ ° 1r/1y a K rQ.' 1 \ �• \\ f' a .•• 1 3 a- }.- _♦\ J I .ARP e ' 1 D ` Jr... 624 � - .', • � \��C'_.. 1 hems P7% ' ; : s z a •7�n = �`� /J tsar roo — 1 1• •• ♦ II r 2 390 000 FEET (W. VA:) WINCHESTER 6 MI, 7W • srEPMENSON 09 MI. 1751 1 5' 1752 , _.. .rti e4 .153; 4! WINCMESrER 6 Mi. - • !d, edited, and published by the Geological Survey S peia1ion with Commonwealth of Virginia Division of 3 Re80urc- b 1000 0 1000 2000 r7�e r c methods frorti`aerial_r,'i - 7 "�:' — "•i '��s'* 1% :ter` d �ecked.1966' 'j' t 3 MILS�•sr . _ ONTOU' -,�,� . ..: ' 33 MILS ,Y..'•f•._aYa NATIONS • • Foie COPY March 5, 1996 Harris, Smariga & Associates, Inc. Attn: T. Merchant McDonald 41 East All Saints Drive Frederick, Maryland 21701 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX:540/678-0682 Master Devel9pment_n 911 •. for WhitehallBusiness• el Dear Mr. McDonald: This letter is to confirm that on February 28, 1996, the Frederick County Board of Supervisors approved the Master Development Plan for Whitehall Business Park. Please provide our department with a copy of the application and proposal for the private sewage treatment and disposal system that was provided to the Department of Environmental Quality and six copies of the Final Master Development Plan which addresses all review agency, Planning Commission and Board of Supervisor comments. Our department will provide the applicants and your firm with Final Master Development Plans that are administratively approved once all required information is received. Mr. Robert B. Childress of the Virginia Department of Transportation and I will be glad to coordinate a meeting with you to complete the final design of this plan. Please do not hesitate to contact me if you would like to meet, or if you have any questions regarding this letter. Sincerely, Evan A. Wyatt, P nner II EAW cc: ',/ Robert B. Childress, VDOT ✓ Henry C. Buettner. Rainbow Group Properties ✓ Ronald S. Simkhovitch, Rainbow Group Properties 107 North Kent Street • Winchester, Virginia 22601-5000 PC REVIEW: 02/21/96 BOS REVIEW: 02/28/96 MASTER DEVELOPMENT PLAN #003-96 WHITEHALL BUSINESS PARK LOCATION: Southwest quadrant of intersection of I-81 and Rest Church Road (Virginia Rt. 669) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-3 through 10 and 33-9-1 through 8 PROPERTY ZONING & PRESENT USE: Zoned: M1, Light Industrial and B3, Industrial Transition Current Land Use: Rental housing and vacant ADJOINING PROPERTY ZONING & USE: North: Zoned - RA, Rural Areas Use - Orchard South: Zoned - RA, Rural Areas Use - Residential East: Interstate 81 (RA, Rural. Areas; M-1, Light Industrial; M-2, Industrial General Zoning with uses varying from residential to commercial to industrial located across I-81 from this site) West: Zoned - RA, Rural Areas Use - Agricultural PROPOSED USE: Business and Industrial Park REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter dated 1-31-96 from Robert B. Childress (for William H. Bushman, P.E.). Health Department: See attached letter dated 11-20-95 from Doug Dailey. f0 (0 Page -2- Whitehall Business Park MDP February 22, 1996 Sanitation Authority: First review - no comment; approved. Fire Marshal: See attached letter dated 11/28/95 from Douglas Kiracofe. County Engineer: See attached letter dated 11-21-95 from Harvey Strawsnyder, Jr. Winchester Regional Airport: See attached sheet received 2-1-96 from Granville Amos, reviewed 12-1-95. Planning & Zoning: A) Project Scope: The Whitehall Business Park master development plan is comprised of 14 parcels zoned B-3, Industrial Transition and 3 parcels zoned M-1, Light Industrial. The proposed master development plan calls for the development of this park within two phases. The first phase will accommodate the needs of Flying J Inc., which will consolidate 12 of the 14 parcels zoned B-3. The Flying J Inc. proposal calls for the construction of a sewer treatment plant, a water storage tank and.a well house to supplement the tank capacity. The second phase will be developed on a lot -by -lot basis as future investments are realized. These lots are proposed to be developed with individual wells and drain fields. A 60' right-of-waywith a 24' paved road is proposed to provide access to all lots within phase two. Improvements to Rest Church Road (Route 669) are also proposed as a part of this project. B) Project History: The Board of Supervisors approved a rezoning application for Lots 1-8 on December 12, 1990. This application called for the rezoning of approximately 48.5 acres from RA, Rural Areas to B-3, Industrial Transition and M-1, Light Industrial. The rezoning was approved with proffers which are specified on the proposed master development plan. (• Page -3- Whitehall Business Park MDP February 22, 1996 The Board of Supervisors approved a rezoning application for several small lots that adjoin the Whitehall Business Park property on October 11, 1995. This application called for the rezoning of approximately 3.5 acres from RA, Rural Areas to B-3, Industrial Transition. This rezoning was approved with a proffer which calls for a monetary donation to the Clearbrook Fire & Rescue Department. These small lots have been incorporated into the proposed master development plan for the purpose of providing sufficient road frontage along Rest Church Road for the Whitehall Business Park. The applicant held an informal discussion with the Planning Commission on November 15, 1995 to determine potential concerns with the preliminary master development plan design. The Planning Commission expressed concerns regarding the need to improve Rest Church Road to accommodate the significant amount of traffic that will be generated by this site and the ability of the proposed access road to adequately handle tractor -truck traffic if an inter -parcel connector was provided from the Flying J Inc. project. The Planning Commission also expressed concerns regarding the increased flows into Duncan Run from the proposed sewer treatment plant and the significant amount of impervious areas that would be developed in the future. C) General Comments: 1) Approximately 420' of the proposed access road traverses the Duncan Run floodplain. Section 165-31B(1) of the Zoning Ordinance gives the Planning Commission the authority to allow small disturbances to the floodplain area for the purpose of road construction. Staff estimates the disturbance to be slightly less than % acre based on this proposal. 2) The primary use of parcel 33-A-88, owned by David and Brenda Gray, is residential. Section 165-371)(4) of the Zoning Ordinance requires the separation of these uses by a "C Category Buffer." This buffer needs to be provided along the rear property boundary line of Lot 8 in the Whitehall Business Park. 3) The first proffer condition requires the creation of ponds on the north and south end of the Whitehall Business Park for the purpose of providing fire protection. This will be accomplished on the north end through the construction of the water storage tank and the well house. The pond that is proposed to be located on Lot 7 does not provide an easement with an all-weather surface for access to the pond, nor does it indicate the location of the well that will be required to provide a year-round water supply. Page -4- Whitehall Business Park MDP February 22, 1996 Staff Recommendation For February 21, 1996 Planning Commission Meeting: Staff recommends approval of the proposed master development plan. The information provided for review of this plan is consistent with the requirements of the rezoning proffer. The overall concept and design of this proposed master development plan is consistent with the requirements of Article XVII, Master Development Plan. Staff asks that the Planning Commission ensure that all review agency comments are adequately addressed prior to final approval of this plan. Staff believes that the Planning Commission should consider the following issues during consideration of this plan: * Consideration should be given to the proposed 60' private access easement. The VDOT has stated that this should be dedicated for the use as a public right-of-way. Section 144-24C of the Subdivision Ordinance requires all lots to abut and have direct access to a public street or right-of-way dedicated for maintenance by VDOT. Proposed improvements to Rest Church Road (Route 669) should be considered. The proposed master development plan calls for, improvements within an 80' right-of-way from the Interstate 81 Exit 323 off/on ramp which tapers off into proposed improvements within a 48' right-of-way. Three issues worthy of consideration regard the ability to meet the VDOT requirements within this proposed area, the need to acquire necessary right-of-way on other properties and the ultimate design which will feed either four or five lanes into the two lane bridge crossing Interstate 81. * Consideration should be given regarding the proximity of the proposed storm water management area on Lot 2 to the existing sinkhole on Lot 3. Primary concerns regard potential discharge pollution and subsidence of the sinkhole. * Consideration should be given regarding the application and design status of the private sewer treatment plant with all appropriate agencies. low • • Page -5- Whitehall Business Park MDP February 22, 1996 PLANNING COMMISSION SUMMARY & ACTION - FEBRUARY 21, 1996: Two citizens addressed the Planning Commission regarding this application. Mr. Manuel DeHaven spoke in favor of the proposed master development plan. Mr. Doug Cochran spoke in opposition. Mr. Cochran expressed concerns with the amount of water use associatied with the truck stop, a 200 seat restaurant, showers and bathrooms. Mr. Cochran was concerned that there would be negative impacts to neighboring residential wells, particularly during dry summers such as last year. Mr. Cochran also expressed concern that no hydrologic studies had been conducted to determine if the avaiable acquifers could support a use of this magnitude. The Planning Commission directed staff to ensure that the following issues were addressed on the master development plan prior to final administrative approval: ' �4) All VDOT comments should be addressed. A primary concern of the Planning Commission V pertained to the decreased Level Of Service to the Interstate 81 Exit 323 ramp and bridge. The Planning Commission felt that northbound interstate tarffic leaving this site would create a bottleneck on the bridge and cause traffic to back up onto the ramps. B) Provide an all weather surface immediately on the 60' access road for fire and rescue service, and provide an all-weather surface to any proposed fire pond that will serve as fire protection for this business park. C) Dedicate the right-of-way for the 60' access road for future dedication to VDOT for access to the properties within Phase II. /D) Provide the required buffer along the south property line of Lot 8 and maintain the existing mature woodlands to provide for an appropriate buffer. PLANNING COMMISSION ACTION: Recommendation for approval provided that all review agency comments are addressed, as well as all concerns of the Planning Commission and the Board of Supervisors. The Planning Commission- also provided the Zoning Administrator with the authority to allow a small disturbance of the Duncan Run floodplain for the purpose of providing the 60' access road as required by Section 165-31 B(1) of the Zoning Ordinance. VOTE TO APPROVE: 8-0 (Ellington, Wilson and Stone Absent) *�" F,1-,r 1..� M-Z P COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE DAVID R. GEHR P.O. BOX 278 COMMISSIONER EDINBURG. 22824-0278 January 31, 1996 Mr. Merchant T. McDonald C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Merchant: WILLIAM H. BUSHMAN, P. E. RESIDENT ENGINEER TEL (540) 984.5600 FAX (540) 984-5607 Ref: White Hall Business Park/ Flying J Travel Center Route 1-81 /669 Frederick County, VA As requested, we have reviewed your preliminary master development plan dated November 17, 1995 for the referenced project. While we have no overall objections to your proposed access road layout and entrance configurations as shown on the master plan, this project will have a significant traffic impact on Route 669 and the adjacent 1-81 interchange area. Our comments are as follows: Access Roadway 1. The 60' access easement should be designated as a public right-of-way. 2. An adequate cul-de-sac should be provided at the end of the access roadway. 3. A standard commercial entrance should be provided off of the access roadway at the emergency access. If the Flying J Corporation does not desire normal access through this entrance, then it could be gated. Route 661/1-81 Interchange 1. You have proposed to reconstruct Route 669 to a four lane section. This should be adequate to accommodate your development. However, we foresee a five lane urban section being ultimately needed; five 12' lanes (two thru lanes, two right turn lanes and one center left turn lane). The fifth lane or west bound right turn lane can be added at a later date when the need for it is justified. For design purposes the existing center line of Route 669 should be maintained as the proposed left turnJang center line.- Additionafly you will need to provide curb 8t gutterJVDOT Standard CG-6) with appropriate stormsewer system on the south side of the roadway. In, CY f'rKITI Inv 2. Adequate right-of-way, whether on your property or adjacent properties, will need to be provided to accommodate the necessary roadway improvements. Acquisition of necessary right-of-way will be your responsibility. 3: Guardrail adjustment and pavement wedging may be necessary between the south bound on/off ramps and the 1-81 bridge to improve the west bound approach and alignment to the Route 669 improvements. 4. A minimum 250'x12' right turn lane and 250' taper will need to be provided on the south bound off ramp to accommodate west bound traffic onto Route 669. 5. 100' pavement radii will need to be provided on the west sides of both south bound on/off ramps. 6. Based on the traffic data you have previously provided, signalization is not anticipated. However, further analysis should be performed to verify this conclusion. At the very least an agreement between the Department and your client to cover signalization of the south bound ramps for a period of five years after opening of the facility will be required. Please keep in mind our comments are limited to the information contained on this preliminary master plan. Before making any final comments this office will require a complete set of construction site plans, drainage calculations, and further traffic analysis for review. Upon submission of a site plan it should contain the above noted items. Thank you for the opportunity to comment on this proposal. If you have any questions or wish to discuss any of the above comments, please feel free to give me a call. Sincerely, William H. Bushman, P.E. Trans. Resident Engineer 6�� 4d. &-IZ600--w By: Robert B. Childress Trans. 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Planning • Engineering* Sury ying 41 East All Saints Street FREDERICK, MARYLAND 21701 (301) 662-4488 FAX (301)) /662-4906 TC'� V NA- 9wv�>1 WE ARE SENDING YOU ')4 Attached ❑ Under separate cover via ❑ Shop drawings .`Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE III 1 JOB Nc]. ATTENTION RE: � � l ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTIOf3 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit ❑ For your use ❑ As requested For review and comment ❑ FORBIDS DUE REMARKS RECEIVED BY DATE V ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ■❑ ❑ PRINTS RETURNED —copies for approval copies for distribution corrected prints LOAN TO US COPY TO SIGNED: f—'f�C�1 If enclosures are not as noted, kindly notify us at once. HARRIS, SMARIGA & ASSOCIATESC. Planning • Engineering • Surveyin 41 East All Saints Street FREDERICK, MARYLAND 21701 (301) 662-4488 FAX (301) 662-4906 TO (AaL ..,, V1 \ o t�vc WE ARE SENDING YOU Attached ❑ Under separate cover via ❑ Shop drawings X Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ IIE'Tuma op DATE JOB C�T / ATTENTION RE: i the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION i THESE ARE TRANSMITTED as checked below: ❑ For approval For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS RECEIVED DATE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNE If enclosures are not as noted, kindly note y us at once. C 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401678-0682 February 7, 1996 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S): The Application of: WHITEHALL BUSINESS PARK Preliminary Master Development Plan #003-96 for the establishment of a business and industrial park. This property is located in the southwest quadrant of the intersection of I-81 and Rest Church Road (VA Rt. 669), in the Stonewall Magisterial District, is identified as Property Identification Number(s) 33-A-3 thru 10; and 33-9-1 thru 8; and contains 52.04 acres. This master development plan will be considered by the Frederick County Planning Commission at their regular meeting of February 21, 1996, at 7:00 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested person may attend this meeting or may contact this department with inquiries. Sincerely, Evan A. Wyatt . Planner II EAW/cg 107 North Kent Street - Winchester,. Virginia 22601-5000 i • This is to certify that the ttached correspondence was mail to the following on a.,. from the Department of Plmg and Development, Frederick County,Virginia: C)RNX)#:N' FF*, WA1...'TEiR JUN+I:I:CN'4 C:+�4- -:-x4j. 446P "ART1M3xistRG F'I:10%. Y VA , tei.tX24x)t:)Vl:i:, Ufi:t°�(1 V I...li:::l:tvl i'Y',I... T1:.:i'ii��l1rA—. t� c�54: Ftifi:#ii'T' ...'; f�:X) 1 #E3'Y'I»:f'i ii»:i�N#ii ox'1•'Y, V(,) 5.. eVA- ii�trA Yti� :.;tL�a, *t#tt1dF(i)7ttl.(1;3C: C? '7e'? RE:13T #11UU.".. ce " L'11+. 1 '(11'�>✓NI::F�, Ptt:7Xi+EE:F�'Y' e"r-11:11... ftiG X) 1 ' :BOX #?c�Y I IeSYt?:i;Y f :"e:• ti ::i•I Rx) i C:I...E::(1F4x::FtiOOK , VA. #�3 GRAY, X)AV:I:x) K- WC)t:)X)x:<:I Mi. AE.)3 :3Ei:i1iX4I...Y t7i y I°��iX. F�' 0'. k t:)X ?t..fl:) t.:tJls'Y'!.#i3 f"i t.:l...la.(1{'�k31 t.)t.)1{, Vn� , t:.`f...1:;:r1F;:XiaROOK , VA A 22624._.__ F:'Rt.lXT 113:1...l... ORC`,'1A RX), JANC'. , c 1 1 C.) X �t:)X `M?;?il:Y#i3 i�:(a:Ci�!k:C)W G�Fet:)t.Jl'', Till: i: VA "�':.20 S:3 XiaF ADY)t: CK 13'TRE'T.1, t� :.;? •".hC) .... 1 tJ:l:hIC:I Hii:#i3'Y'Eia°+, VA " !' ':? (1 5. T 22601. 3: i�!'Y'lii:Fi#ii'Y'(»1'Y'I:i: t:)f�C�l IF5f4X} . XN+ C: s (t <g 1n1:I:i41t::i tEE:;33'Y'!»:I V6 2<504 4;':?7.3 M(1R'Y INr;i3X:at.IRG F"'TKE' E Vn 524 211/ MA TI••li:•i:4 S , tii :l: C'+EK T(• S & CAAAS. ., I...I»:W T E# CIfC) X A M, i.Q j ;ZZ c.UT1,;311AW AV1:: i<t.n:;: V Evan A. yatt, Pla 1 er II F.:l:C.l lMr.)Nx), Vn Frederick Co. PlannUg Dept. STATE OF VIRGINIA C01,NTY OF FREDERICK I, A, a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this _ My commission expires on i COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 February 14, 1996 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S): The'Application of: WHITEHALL BUSINESS PARK Preliminary Master Development Plan #003-96 for the establishment of a business and industrial park. Thisproperty is located in the southwest quadrant of the intersection of I-81 and Rest Church Road (VA Rt. 669), in the Stonewall Magisterial District, is identified as Property Identification Number(s) 33-A-3 thru 10; and 33-9-1 thru 8; and contains 52.04 acres. This master development plan will be considered by the Frederick County Board of Supervisors at their regular meeting of February 28, 1996, at 7:15 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested person may attend this meeting or may contact this department with inquiries. Sincerely, Evan A. Wyatt Planner II EAW/cg 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on q from the Department of Planning and Development, Frederick Cou y, Virginia: .�.ti � � n 1. c31 i ..,,.. a l 1•'it:.t:`.t:)I�il�i�i:.{< , l...f...t:}i�if1Fix� ..1 r 06 i'+:il.l.I X:iC)W GROUP, 'Y'1"il::. ,,.X:40X t:.iVA.. , ".'124 :ii ki<ftil1X}X)t;)4 :1{ :i`i'Y'I U::lii:'Y' VAn:?':?afi.:i,{... — 1 n aSi:t. CMAY, X>AVID K. & ..'IREKIND01 ;3 X}E::HAVE"N MAN1.)Ei:l... C: . 1::• t:) X+C)?: :'i;:i r •.,....... f1P8'Y'J:7�i;i3%sl.)Ti(V FIT KN., Val VA 1 is y.'i:?t'524 _ -- - - C.1'IA113 I...E::WICf 4 .:.:Y t:r'tJ T A M,VA 20 4 C'.(J'Y':;il'•tarAW AVt":N'(Jt::- :?2a5>t) VA— 2' sue ,,)' . • - - — - ( 23 --- A J.'r :I'N'Y*IiEa°i;ii'Y'f1'Y'h: (: RC1••1(1RX), TNICI., t:)F;1�lX?t:)!°ti"'I"' , tF)t11...'Y'I:::1' ..li.l;`l:l: ORF, C) X:aC)X : 3411r.it?) ! s Wa:iEC,I ir:.:i Y'ta:lti, VA a •*'4445 I�idSr� f I i�t.3le<(.)64ty 1^':i KM, 22604 22624 A 96e. X)C)Vli::, Vlii:RA V Harris, Smariga & Associates, Inc. 41 East All Saints Street IEi:P�l:ia (:.`:I: f Y, VA 22 f,511.1.... Frederick, MD 21701 I::... C) .. BC) j{ 1r? VA.. 2 A:i 6 2 4.. ♦ �I Lculn Evan A. Kyatt, Pl4ner II Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, �'a Notary Public in and for the State and County afores id, do hereby certify that Evan A. Wyatt, Planner II, for the epartment of Planning and Development, whose name is signed to the foregoing, dated 9 , has personally appeared before me and acknowledged the same in my State Ad County aforesaid. Given under my hand this. NA— day of _ My commission expires on ,M—AR • ' : Fed X. USA Airbill Nember 6752697070 � � "•��,. Recipients COO, . �XTracking 70 100 10913217 5213h` From Service* j Date i f I� I Prioritty0vernight ❑FedEx Standard Overnight ❑FedEx2Da' Next iness ningl (Next business afternoon) (Second business deyf� r edEx GovL Ov might +� J i Sender's Name �\yt� 1 5 Yl14 � Phone (�1 � �p.(�, 1 " �1�f " F; (Authorized user onl 1 ❑FedEx Overnight Fr ht ❑FedEx 2Day Freight a LE] packages over pounds. 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