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Home My WebLink About03-19 CommentsJohn Lewis From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov> Sent: Tuesday, August 6, 2019 2:37 PM Yo' John Lewis Cc: John Bishop; mcheran@co.frederick.va.us; Rhonda Funkhouser; Matthew Smith Subject: Rea stale Property Rezoning RPllin Steel I Estate + John, We have reviewed the rezoning application for Berlin Steel and Ridings to rezone a total of 15.3933 acres from RA to Mi for the use of metal fabrication business. We have also reviewed a turn lane warrant analysis associated with this rezoning. The turn lane analysis indicated needs for turn lane in the future, however, the proffer statement does include mitigation to offset future turn lane and intersection needs. Thanks, TiJ? o its► Rhodes —Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 kcZofjj�*q1 t ,rarticrat Fi-edericl,Nvincileslef. 11c;l1th Departillellt Mail to: nchestcr 1 jeal III Dtparljllt;llj Atm., Shit illjoll 1"Jj�illcej- 10 7 North Kent Sir- W"'clic-stel, Virginia 22601 (540) 722-3480 112,nd deliver fo...... Frederick-lVillchestur Heallf, I)eparttrIvIll Atin: Saimatioll Frigineer 107 North Merit Street Suite 201 Winchester. virgillia Applicant: please fill out the as accurately WHIChcSICT Health Depart, as Possible ill order to assist the Frederick - map, 01,0fiflei, slate"lent. f 71"t With their rvview, At# ' "i', a copy of Your apPlicatim., fol -al, location VNI a0d arly- (gh er pe,-jjverj ;jjfOl_ln.a tiom Applicant's Name: Painter -Lewis PLC Veleph(),je. ;AO 662 -5792 1 1,11111,L)i Address. 817 Cedar Creek, Glade Suite 120 VVInchesteF, VA 2F601___ 1_(1catiOI)OfP.roPcrtN.,: 260 Rid ifigs Lane, 201 Ridings Lane 201 Ridings Lane Current Zollitig: RA Zoning requested: mi Acreage: Frederick- Willcl.. Del)"Mriellt S CoIIlkIj(-:nt'S- d_1 �1_ C-1), f Af 444L f4 S.tW Notice to 1--leallil I)ej- J�tCtur'l ro"ll to tile Applicant 315 Tasker Road Stephens City, Virginia 22655 May 15, 2019 John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 DERICK WA:'11 i PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater.com RE: Rezoning Application Comment Berlin Steel Rezoning Application Tax Map Number: 86-A-1790 and 86-A-12 15.3933 acres Dear Mr. Lewis: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the Berlin Steel rezoning application package, with a draft proffer statement dated April 4, 2019 and Impact Analysis Statement dated April 4, 2019. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcels are located outside of the County's Sewer and Water Service Area (SWSA), but through previous actions of the Board of Supervisors, Frederick Water's water service is currently being utilized on the industrially zoned parcels adjacent to the portion of the parcels subject of the rezoning application. Sanitary sewer service is not available to this location. I understand that the rezoning is an effort to expand the existing use, so water service would continue to be available on the expanded site. The rezoning application proffer states that the proposed use will be limited to the metal fabrication business use permitted in the M1 Light Industrial Zoning District. The impact analysis statement is silent on the proposed water demands. ti, ,451 ANNIVERSARY Water At Your Service r M Page 2 Berlin Steel rezoning application John Lewis May 15, 2019 Facilities for conveyance of water to the subject properties do nrecently exist. Until the proposed uses' projected water demand is known, it is unknown if the existing conveyance network has the capacity to accommodate the projected demands. Water system infrastructure is to be constructed in accordance with Frederick Water standards and specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be reminded that Frederick Water is offering these review comments without benefit of knowledge of the projected water demands of the site. Thank you for the opportunity to offer review comments on the Berlin Steel rezoning application. Sincerely, Gi fi-4;_ Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department Dick Helm, Frederick -Winchester Service Authority Frederick Water Board of Directors Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept, of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia t Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, locatior map, proffer statement, impact aj►alysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC _ Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade Suite 120 Location Of property: 280 Ridings Lane 201 Ridings Lane Current zoning: Rn Zoning requested: M1 Acreage: 153933 Department of Public Works Comments: P1. egkjj-,t e�' —Ae Public Works Signature & Date: *" Notice to Dept. of Public Forks - Please RP±urn This Form to the Applicant 21 Rezoning Cotnments Frederick County Fire Marshal libel to:'.',' fiarud deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County! Fire Marshal with his review. Attach a copy of your appllicatjo;l form, locatiou map, proffer' statement, impact analysis, and, any other pertinent information. Applicant's Name: Painter -Lewis, PLC __ l Telephone: 546-662-5792 Mailing Address: 817 Cedar Creek Grade Suite 120 eA —__ Wi,V_ Location of property: 280 Ridings Lane 201 Ridings Lane Current zoning: RA Zoning requested: M1 Acreage: 15.3933 Fire Marshal's Comments: Fire Marshal's Signature & V-4 Notice to Fire Marshal - Please Return This Form.to the Applicant fTD APR 2 2 201,0 Date Received 4/22/2019 Frederick Covnty Department o!fFzre area Reesc e O,�`,tce of the Fire Marshal 1080 Coverstane Drive Wilichester, VA 22602 (540) 66.5-6. 50 Fax: (540) 678-4729 Einai1.ffnO@fcvO.us Plan Review & Comments Plan/Permit Type Name Berlin Steel Address 201 Ridings LIQ Project Name Applicant Name & Number RE# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments `- :, Signature: Reviewed By: Kenneth Scoft, Jr. Title<•�, ;�_ Y Rezoning Application 0422.-19 White Post Rezoning Painter -Lewis 540-662-5792 Adequate Inadequate N� Adequate Inadequate N/ Adequate Inadequate N/ Yes No Nr Approve e Date Reviewed 5/2/2019 VA 22663 John Lewis From: office@painterlewis.com Sent: Wednesday, August 28, 2019 5:12 PM To: John Lewis Subject: FW: Ridings & Berlin Steel rezoning From: Rod Williams <rwillia@fcva.us> Sent: Wednesday, August 28, 2019 3:11 PM To: office@painterlewis.com Subject: RE: Ridings & Berlin Steel rezoning John — Thank you for forwarding the copy of the recorded corrected deed. That resolves my comment below re item 3. 1 From: Rod Williams Sent: Wednesday, May 29, 2019 1:40 PM To: office@ pa interlewis.corn Subject: RE: Ridings & Berlin Steel rezoning Dear John, I am in receipt of the revised proffer statement, dated May 16, 2019, for this matter. Remaining items appropriate for further follow up are: Item 2 — With respect to the signatures for the power of attorney forms and on the proffer statement itself, I offer two comments. First, the County now has an updated version of the power of attorney form, available at https://wvvw.fcva.us/home/showdocumenOid=1022, the use of which recommend. Among other things, it already makes provision to show the title of anyone signing on behalf of an entity. Second, the form is really only intended for execution by one person. Therefore, we should receive three separate forms, for Dennis Ridings, Beverly Ridings, and Berlin Steel. Along similar lines, the proffer statement should have separate signature blocks for Dennis Ridings and Beverly Ridings, along with one for Berlin Steel (and the one for Berlin Steel should show the title of the person signing for Berlin Steel). Item 3 — With respect to the corporate status issue, while I do not have a concern about Berlin Steel's good standing to conduct business in Virginia, the issue is an apparent defect in its origin deeds, which purport to convey property interests to "Berlin Steel Real Estate, Inc., a Virginia corporation". Berlin Steel was not then and is not now a Virginia corporation. It appears to have been and be a Delaware corporation. It is authorized to conduct business in Virginia, but is not a Virginia corporation. There was and is no such grantee entity organized as a Virginia corporation known as Berlin Steel Real Estate, Inc. I cannot give legal advice on this and can only advise that you refer this matter to Berlin Steel's legal counsel (I am glad to discuss this with them), but, right now, I do not believe that we can accept a rezoning from Berlin Steel Real Estate, Inc., the Delaware corporation, because the deed was not made out to that entity and that entity is therefore not properly of record as the owner. Sincerely yours, Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwilliagZfcva.us From: Rod Williams Sent: Tuesday, May 7, 2019 9:42 AM To: office 0painterlewis.com Cc: Candice Perkins <cperlcins@fcva.us> Subject: Ridings & Berlin Steel rezoning Please see the attached letter. Thank you. Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia@fcva.us