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HomeMy WebLinkAbout03-19 Berlin Steel Estate Inc. Opequon - PIN 87-A-12 - RA to M1 - Backfile• i REZONING TRACIKING SHCCT Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit _ Deed Plat/Survey _ Taxes Paid Statement 13 °I File opened I c� Reference manual updated/number assigned (o (� D-base updated Copy of adjoiner list given to staff member for verification �l t Color location maps ordered from Mapping a Scan documents to Planning S: drive II Sj I q Application Action Summary updated �2A►�ljnm al1.1 lao Sys ID # Scan additional items as needed (Project Planner to direct) Planning Commission Meeting -PC R001,cvy\ee -Loy Board of Supervisors Meeting ACTION:�Jut ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended DATE - q I IQ<<9_ - ______ RECEIPT 022527 RECEIVED FROM V Q - r0 i se T� ADDRESS � l e 1 Jt' tom( ' �� C1 � 1 7 C.� ►'i - `T �_ I f �• � r, t-�,c �.�sct� rl ('�; �F ht i nctii��t�''Fc� y���,� � FOR � � . i � h S�� F' � � Ec`( S i-(�-4- ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT t (i CHECK p PAID BALANCE MONEY DUE ORDER �-cL 44�- c� 3 _-f B ©2001 R®IFORMO S1657N-CL COUNTY of REDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 24, 2020 John Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 RE: REZONING #03-19 Berlin Steel Estate, Inc. PINS: 86-A-179C & 87-A-12 Dear Mr. Lewis: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 22, 2020. The above -referenced application was approved to rezone 15.3933+/- acres fi•om the RA (Rural Areas) District to the MI (Light Industrial) District with proffers. The properties are located at 280 Ridings Lane which intersects with Route 277 in the Opequon Magisterial District and are identified by Property Identification Numbers 86-A-179C and 87-A-12. The proffer statement, (late(] November 18, 2019 that was approved as a part of this rezoning application are unique to the above referenced properties and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this off ice if you have any questions regarding the approval of' this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: Robert W. Wells, Supervisor Opequon District Roger L. Thomas and Robert S. Molden, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Dennis & Beverly Ridings 280 Ridings Lane, White Post, VA 22663 Berlin Steel Real Estate, Inc., P.O. Box 428, Berlin, CT 06037 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 • 0 REZONING APPLICATION 403-19 BERLIN STEEL REAL ESTATE INC. Staff Report for the Board of Supervisors Prepared: January 13, 2020 Staff Contact: Candice C. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 10/16/19 Planning Commission: 12/18/19 Board of Supervisors: 01/22/20 Action Public Hearing Held; Tabled 60 Days Public Meeting Held; Recommended Approval Pending PROPOSAL: To rezone 15.3933-F/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/22/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The site is located within the limits of the Southern Frederick Land Use Plan of the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed MI,Zoning is generally consistent with the Southern Frederick Land Use Plan as it relates to this area. These properties are not located within the limits of the Sewer and Water Service Area (SWSA). The Comprehensive Plan states that it is expected that the land uses within the UDA and SWSA will be served by public water and sewer. However, as this site is contiguous to existing M1 Zoning and is intended to facilitate an expansion to an existing business (Berlin Steel), this request to rezone property outside of the SWSA may be appropriate. The proffers associated with this rezoning request are as follows; Staff has provided comments regarding concerns associated with this request: Proffer Statement — Dated November 18, 2019: 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M 1 Zoning. 2. Prior to approval of the next site plan for any facility or structure on these subject lands, the owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and design of any resultant improvement to Route 277 will be subject to VDOT approval. 3. As shown on the Generalized Development Plan, a 100' wide strip of land will be reserved on the subject lands for future road network improvements. No permanent buildings will be erected within this area. 4. Monetary Contribution — The owners will donate $1,000 for impacts to fire and rescue services. 0 • Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 2 Staff Comments: • Proffer 2 — the Applicant has not committed to constructing a turn lane if warranted by VDOT — only a traffic count and design. The Applicant should clarify the construction of a turn lane if necessary, in conjunction with site development. • Proffer 3 — This proposed reservation area does not follow the minor collector roadway planned through this site per the Southern Frederick Land Use Plan. However, the reservation location would still allow the future road to be constructed in general conformance with the Comprehensive Plan. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. • 0 Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision oil this application. It may also be useful to others interested In this Zoning Jnatter. Unresolved issues concerning this application are noted by Staff Where relevant throughout this Staff report. Reviewed Planning Commission: 10/16/19 Planning Commission 12/18/19 Board of Supervisors: 01 /22/20 Action Public Hearing Held; Tabled 60 Days Public Meeting Held; Recommended Approval Pending PROPOSAL: To rezone 15.3933+/- acres from the RA (Rural Areas) District to the MI (Light Industrial) District with proffers. LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-179C and 87-A-12 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Ml (Light Industrial) Use: Berlin Steel — Industrial East: RA (Rural Areas) Use: Residential/Agricultural East: RA (Rural Areas) Use: Residential/Agricultural West: RA (Rural Areas) Use: Vacant/Agricultural 0 0 Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the rezoning application for Berlin Steel and Ridings to rezone a total of 15.3933 acres from RA to M1 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 not include mitigation to offset future turn lane and intersection needs. Frederick County Transportation: County Staff concurs with VDOT regarding the need for a turn lane at the entrance per the requested expanded use in the rezoning, however I would note that the proffer statement does not include accommodation for this expected impact on the transportation network. Frederick -Winchester Health Department: The Frederick County Health Department has no objection to the proposed zoning changes from RA to M1 since this change does not affect any proposed or existing wells or septic systems on the properties. Frederick Water: Please see letter from Eric R. Lawrence, A1CP, Executive Director dated May 15, 2019. Frederick County Department of Public Works: In the Impact Analysis Statement, Section F- Drainage also reference Chapter 143 of County Code — Stormwater/Erosion and Sediment Control Ordinance comprehensive review will occur at the time of site plan submission. Frederick County Fire Marshall: Plan approved. County of Frederick Attorney: Please see email from Roderick B. Williams, County Attorney dated August 28, 2019. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for both parcels as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. *The adjacent Berlin Steel property was rezoned in 1983 and 2001. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's Rezoning 403-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 5 guide for making decisions regarding development, preservation, public facilities and other key CO111pOnCntS Of COn1111LInity 11IC. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development Of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Lcind Use The site is located within the limits Of the Southern Frederick Land Use Plan of' the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed M I Zoning is generally consistent with the Southern Frederick Land Use Plan as it relates to this area. Staff would note that these properties are not located within the limits Of the Sewer and Water Service Area (SWSA). Ti•ansporiat ion The site is accessed via an existing commercial entrance (Ridings Lane) that intersects with Fairfax Pike (Route 277). No improvements are proposed by the Applicant. VDOT stated in their comment that the turn lane analysis indicated needs for a turn lane in the future, however, the proffer statement does include mitigation to offset future turn lane and intersection needs. County transportation Staff notes that they concur with the need for the turn lane, and further notes that the Applicant has not addressed this impact of the rezoning in their proffer statement. Staff would note that the Southern Frederick Land Use Plan shows a new minor collector roadway planned through this site. It is noted that this is a planned roadway and not designed at this time and the location may be subject to future modifications. The Applicant has proffered a slightly adjusted location for this planned roadway. Environmental Parcel 86-A-179C contains an approximately three -acre pond, there are no floodplains or wetlands as stated in the Applicant's impact statement. The site does contain some steep slopes that are identified eastern portion of the site. Woodlands generally cover parcel 87-A-12 and the southern and eastern portion of 86-A-179C. The Applicant proposes to clear much of the woodlands with the development of the site. This site is not within the limits of the Sewer and Water Service Area (SWSA) and therefore is served via a private onsite sewage disposal system. This system is monitored by the Virginia Department of Environmental Quality. 3) Proffer Statement — Dated November 18, 2019: 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M 1 Zoning. 0 • Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 6 2. Prior to approval of the next site plan for any facility or structure on these subject lands, the owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and design of any resultant improvement to Route 277 will be subject to VDOT approval. 3. As shown on the Generalized Development Plan, a 100' wide strip of land will be reserved on the subject lands for future road network improvements. No permanent buildings will be erected within this area. 4. Monetary Contribution — The owners will donate $1,000 for impacts to fire and rescue services. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/16/19 MEETING: Staff provided an overview of the application and the proposed proffers. The Commission questioned the left turn lane possibly needed along Route 277 and the location of the planned collector road shown in the Comprehensive Plan. The Commission expressed concerns that the Applicant was not addressing VDOT's comment regarding the need for a turn lane, as well as, the planned collector road. Mr. Lewis addressed the proposed collector road and stated that it could possibly be relocated since its not designed. The current location in the Comprehensive Plan greatly impacts their proposed new laydown yard. He further stated that the need for the turn lane would be determined at the site plan stage. The Commission questioned the turn lane need and requested the Applicant consider modifying the application to state that the turn lane would be constructed if warranted by VDOT. Mr. Lewis stated that the was amendable to that language. There was one comment during the public hearing. The Planning Commission postponed the application for 60 days to allow the Applicant to allow the owner to work with the County to relocate the collector roadway off the property. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff provided an overview of the application and the proposed proffers. Commissioner Oates commented on the improvements on Route 277 by the Applicant and wanted to clarify that the Applicant can at no time block or take away from any neighboring property owner. Mr. Ruddy said that is correct, if VDOT warranted the improvements the Applicant would need to get an endorsement from the property owners. Commissioner Morrison commented about the improvements to Route 277 with a traffic study, if it is not needed today but, in the future, when business traffic picks up who would be responsible to cover the cost. Mr. Ruddy said any expansion of the business the Applicant would need to complete a Site Plan application and be responsible for the cost of those improvements. Mr. John Lewis, Painter - Lewis, representing the Applicant, gave an overview since the October 16, 2019 meeting the item was tabled for 60 days to allow the Applicant additional time to address the transportation concerns. With the need for a turn lane, the Applicant has proffered that a traffic study to determine the needs for a turn lane would be completed with the site plan. At the site plan stage VDOT would determine if a turn lane would be necessary prior to approval of the plan. 9 0 Rezoning 403-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 7 Mr. Lewis commented on the planned minor collector roadway. I-Ie stated that the current location of the roadway as shown In the Comprehensive Plan would be detrimental to the Applicant's property. The modified location shown on the revised GDP provides a for a location that is in general conformance with the Southern Frederick Land Use Plan and still allows for the roadway to be constructed in the future. The Planning Commission recommended approval of the rezoning application. Follmyin,L' the requ/red public hearing, a decision reQQrdink, this rezoniftQ application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. �-I • • REZ # 03 - 19: Berlin Steel Real Estate, Inc. PINS: 86 - A - 179C, 87 - A - 12 Rezoning from RA to M1 Zoning Map _i fA/pf Dal. one I 1300 FANFAX f1KE A, ti ILft Areas to be Rezoned ation Pls Parcels Parcels M1 (Light Industrial District) Ip6 FAIRFAX 1100 fX(E fA1RFAX PIKE IIbO fAlitFA F'1l(E o aio S O _,. .. 4w AJt3 3 e� W E S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 820 Feet Map Created: September 16, 2019 Areas to be Rezoned IRApplication Parcels Amk N W E i Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 a i o 820 Peet Map Created: September 16, 2019 • REZ # 03 - 19: Berlin Steel Real Estate, Inc. PINS: 86 - A - 179C, 87 - A - 12 Rezoning from RA to M1 Long Range Land Use Map Areas to be Rezoned `p) Application 7V� Parcels Eastern Road Plan �` ♦ New Major Arterial Improved Major Arterial P ` ♦ New Minor Arterial 0"116\0 Improved Minor Arterial • 4%#, # New Major Collector Improved Major Collector 1` New Minor Collector Improved Minor Collector Ramp Roundabout Trails Long Range Land Use Residential Neighborhood Village - Urban Center - Mobile Home Community O Business h Highway Commercial Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office ® Industrial ® Warehouse Heavy Industrial ® Extractive Mining Commercial Rec i�j Rural Community Center Fire &Rescue 0 Sensitive Natural Areas ® Institutional - Planned Unit Development /// Park Recreation l 0) School C�_rO Employment Airport Support Area Q B2/63 0 Residential, 4 u/a Q High -Density Residential. 6 u/a O High -Density Residential, 12-16 u/a Rural Area Interstate Buller Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources r .Is AXWJ I E CM l 260 Rb` INGSIIN 1I6 A 179C 270 RK)INGSLN In JOURNEYMAN LN WRIGHTS r IIW2_L4� APPREMICE LN LM 277 Frederick County Planning & Development 107 N Kent St Winchester VA 22601 540 - 665 - 5651 0 312.5 625 1,250 Feet Map Created: September 16, 2019 PROFFER STATEMENT Bennis and Beveriv Ridings 260 Ridings Lane White Post, VA 22663 Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Real Estate, Inc. 201 Ridings Lane White Post, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres PARCEL ID: 87-A-12 Opequon Magisterial District November 18, 2019 rpm Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painteriewis.com Job Number: 1902002 9 i PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 5.3933 acres on Parcel #87-A-12 and 10 acres on Parcel #86-A-179C from RA to M1, development of this particular 15.3933 acres along with the existing 17.9467 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document and with the attached "GENERALIZED DEVELOPMENT PLAN". See the attached "AREAS TO BE REZONED METES & BOUNDS MAP" for an illustration of the areas to be rezoned. These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. 2. Prior to approval of the next Site Plan for any facility or structure on these subject lands, the owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and the design of any resultant improvements to Route 277 will be subject to VDOT approval. 3. As shown on the Generalized Development Plan, a 100' wide strip of land will be reserved on the subject lands for future road network improvements. No permanent buildings will be erected within this area. Monetary Contribution to Frederick County Service Organizations The owners of Parcel #87-A-12 and Parcel #86-A-179C will donate or will cause to be donated to the Frederick County the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the approval of the next site plan for any expansion of the operations of any facility or structure onto these subject lands. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns and successors in the interest of the owners. In the event that the Frederick Country Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. r1 U PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Submitted By: Mr. Dennis Ridings Dennis Ridings Date: /0 v STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this 3 day of _DOt aa-m gy _ 7.oA—by Dennis Ridings. My commission expires on �301 zaza •�Y.;.ION .Fiy'; tary ublic ;c�,'' �515653 �'Nfol w%��� Submitted By: Mrs. Beverley Ridings Beverley Ridings Date: i-:) 6 3/.z Gi y STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this z_ day of „4by Dennis Ridings. My commission expires on /zz" 2,"') my 0.. ISS!ON N : co � : ' Nu%±rir.±� Q - ?ter 75'15853 ��? 0 • PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Submitted By: Berlin Steel Real Estate, Inc. \ 9 A J J /J j/ C r Signature -L '--p_- Title Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: f'1'1 The foregoing instrument was acknowledged before me this 2 day of by My commission expires on 02 Notary P Karen Nemergut Simeone Notary Public-Connectiout My Commission Expires February 29, 2024 w 3 3 0 Scale in Feet J'Q /86—A-479) 10.00 AC �j S ZONED/ RA ls �--USE: RF,91DENTIAL-----. '9 0 87—A 05(l 5.3933 ACRES --- 86—A-179C Is, ZONED: RA — SRA USE: VACANT- 7.09 kRES � ZONED: RA \USE: RESIDENTIAK IN N. PAINTER-LEWI.S.Y, PAX. 817 Cedar Creek Suit- 'W) Grade, N32'41'54"E 101.34' C.L.- RIDINGS PROPERTY 20' [DRAIAN BY- JOB NO.. BERLIN STEEL PROPERTY P-L 1902002 S FREDERICK COUNTY, VA. SCALF- DATE: AREAS TO BE REZONED SHOWN 4/11/19 METES & BOUNDS MAP SHEET' I EXHIBIT 18 150.51 '2�9F \ 0 87-A-12 11 100' "NO PERMANENT BUILDING" j` RESERVATION AREA FOR FUTURE a7$^ ROAD NETWORK IMPROVEMENTS a09 70, 86-A-179C 8 0 o° 4 .hh a �ry r.) N32' 41 '54"E 101.34' PAINTER-LEWIS, P.L.C.RIDINGS PROJECT: SURVEY: C.I.: PROPERTY NA NA 817 Cedar Creek Grade, Suite 120 RERUN STEEL PROPERTY DRAWN BY: JOB NO.: Winchester, Virginia 22601 FREDERICK COUNTY, VA. P-L 19020D2 — Telephone (540)662-5792 GENERALIZED DEVELOPMENT PION SCALE: DATE: CONSULTING Facsimile (540)662-5793 SHOWN 10/27/19 ENGINEERS Email office®painterlewis.com SHEET: GDP AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on February 21 2001 BOARD OF SUPERVISORS: Approved April l 1,,,2001 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-01 OF IRONGATE, INC. WHEREAS, Rezoning #02-01 of irongate, lnc„ was submitted by Painter -Lewis, P.L.C., to rezone a 14.43-acre portion of a 48.26-acre tract from RA (Rural Areas) to M 1 (Light Industrial). This property is located on the south side of Fairfax Pike (Route 277), approximately 1 'A miles west of the Clarke County line and is identified with Property Identification Number 87-A-12 in the Opequon Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on February 21, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 11, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change a 14.43-acre portion of a 48.26-acre tract from RA (Rural Areas) to M1 (Light Industrial) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #05.01 9 0 This ordinance shall be in effect on the date of adoption. Passed this 1 lth day of April, 2001 by the following recorded vote, Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST i John Miley, Jr. Frederick County dministrator roars.105-01 O'.Af,end.irk('OM.MIiV'IS'RL-ZONI.`lfilkliSUl.t:7NVn+ngale. lnc HL'S. Ikl PROFFER STATEMENT A PROPOSED REZONING PARCEL ID - 87 ((A)) 12 Opequon Magisterial District Frederick County, Virginia February 6, 2001 Mr. Dennis Ridings IRONGATE, INC. 201 Ridings Lane White Post, Virginia PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@mnsinc.com Job Number: 9902014 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 INTRODUCTION The subject parcel contains 49.69 acres, Currently 48.26 acres are zoned RA and 1.43 acres are zoned M-1. Adjacent property is zoned RA. The owner desires to rezone an additional 14.43 acres within the parcel to M-1. The intended purpose for the rezoning would be to allow the expansion of the existing metal fabrication business of Irongate, Inc. The owner is willing to proffer a limit on the type of use permitted on the proposed M1 zone. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 02-01 for the rezoning of 14.43 acres on Parcel 87-((A))-12 from RA to M1, development of this particular 14.43 along with the existing 1.43 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. 2. The owner shall enter into a common shared buffer and screening easement agreement between properties identified as Tax Map 87-A-12 and 86-A-179C to satisfy the requirements of Section 165-37D(4) of the Frederick County Zoning Ordinance. This buffer shall incorporate a minimum buffer between the two parcels of 4D0 feet. The common shared buffer and screening easement agreement shall be executed prior to the issuance of a building permit for improvements on parcel 87-A-12. Monetary Contribution to Frederick County Service Organizations The owner of Parcel 87-((A))-12 will donate or will cause to be donated to the Stephens City Fire and Rescue Company No. 11 the sum of $1000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. 0 46 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 Submitted By: Mr. Dennis Ridings Dennis Ridings Date: ,Pl&lol STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this Vk day of Fe-b�var, , -Poo/ by Mr. Dennis Ridings. My commission expires on FxvirationpateJuly31 9n02 Notary Public • ORDINANCE Action: PLANNING COMMISSION: October 16, 2019 Public i-learing I-leld;'I'abled (or 60 days December 18, 2019 Public Meeting i-leld, Recommended Approval BOARD OF SUPERVISORS: January 22, 2020 ORDINANCE AMENDING TI-1E ZONING DISTRICT MAP REZONING #03-19 BERLIN STEEL REAL ESTATE, INC. WHEREAS, REZONING #03-19 Berlin Steel Real Estate, Inc., submitted by Painter -Lewis, P.L.C. to rezone 15.3933-1-/- acres from the RA (Rural Areas) District to the M I (Light Industrial) District with proffers, with a final revision date of November 18, 2019. The subject property is located at 280 Ridings Lane which intersects with Route 277, in the Opequon Magisterial District, and are identified by Property Identification Numbers 86-A-179C and 87-A-12; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 16, 2019 and tabled the rezoning for sixty (60) days ; and WHEREAS, the Planning Commission held a public meeting oil this rezoning oil December 18, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing oil this rezoning oil January 22, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M I (Light Industrial) District with proffers, with a final revision date of November 18, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following recorded vote: Charles S. Del-Iaven, Jr., Chairman J. Douglas McCarthy Gene E. Fisher Blaine P. Dunn PDRes. #03-20 Shawn L. Graber Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator IMPACT A14ALYSIS STATEMENT Firings Property 280 Ridings Lane VVI-ifte Post, VA 22663 Property: 17.09 acres PARCEL. ID: 86-A-179C Berlin Steel Deal I�,sA«t:o ►-«,#1-1 t� 201 Ridings L:,ine White Past, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres PARCEL IL): 87-A-12 Opequon Magisterial District August 13, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1902002 IMPACTANALYSIS ATEMENT PARCEL ILA 87 ((A)) 12 & 85-A-179C IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS c arrfinn L INTRODUCTION 2 A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE . 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. LOT CONSOLIDATION 1.6 IMPACT ANALYSIS ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C L INTRODUCTION Berlin Steel is a steel fabrication facility located on a 23.34 acre lot which contains 17.9467 acres zoned M1-Light Industrial District and 5.3933 acres zoned RA -Rural Agricultural District. Adjacent to the Berlin Steel lot is the Ridings lot which contains 17.0915 acres zoned RA. Under this rezoning application, Berlin Steel proposes to rezone the 5.3933 acres remainder of Parcel 487-A-12 from RA to M1 and Ridings proposes to rezone 10 acres of Parcel #86-A-179 from RA to M1. It is anticipated that with a successful rezoning, Berlin Steel will acquire the 10 acres from Ridings. Please refer to Exhibit 1 for a property overview map and Exhibit 2 for a metes and bounds illustration of the areas to be rezoned. Parcel #87-A-12 was the subject of a rezoning in 2001 when 14.43 acres of the parcel was rezoned from RA to M1 with proffers. These same proffers will be applied to the proposed areas of rezoning. A. SITE SUITABILITY The subject parcels are located on Ridings Lane which intersects Route 277 about 3,200 feet east of Hudson Hollow Road. This site is suited for rezoning to the Light Industrial District. The Eastern Frederick County Long Range Land Use Plan designates these parcels as "Industrial'. The parcels are within the Sewer and Water Service Area. Public water serves the current site of Berlin Steel. There is no public sanitary sewer service. The current operation of Berlin Steel is adequately served by an on -site sewage disposal system. The proposed rezoning of 15 acres will not require an increase in sanitary sewer disposal capacity. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0200 B shows the subject area to be outside of any flood hazard zone. WETLANDS No jurisdictional wetlands have been identified on this site. Parcel #86-A-179C contains a 3+/- acre pond that was constructed in the 1970s. The pond is located in an uplands area with no perennial stream connection to other waters. STEEP SLOPES The properties generally slope toward an intermittent tributary to Crooked Run. Slopes increase in severity as they approach this intermittent tributary. Slopes which approach 25% can be found on the eastern portion of the site near the tributary. MATURE WOODLANDS Mature woodlands generally cover the land to be rezoned on Parcel #87-A-12. Mature woodlands are located generally along the southern and eastern portions of Parcel #86- IMPACT ANALYSIS ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C A-179A. Much of these woodlands would be cleared to allow the development of usable areas on the parcels. Typically, the woodlands located at the perimeters of the parcels, that is, along the boundaries would remain untouched to serve as visual screening to adjacent lands. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: Zoar silt loam (44B), Weikert-Berks channery silt loam (41 C), and Berks channery silt loam (113). These soils are generally shallow to moderately deep and formed from weathered shale or sandstone. The unified soils classifications are GM, ML, and SM. Weathered bedrock can be expected at relatively shallow depths around 30 inches below the ground surface. B. SURROUNDING PROPERTIES The property to be rezoned is surrounded by residential and vacant properties which are zoned RA. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 86-A-179 Carlson, Shirley C RA Vacant 86-A-179E Ridings, Mary F RA Residential 87-A-12E Four Winds Land Holdings LLC RA Vacant 86-A-479D Liberty Baptist Church RA Church 86-A-12C Calhoun, Amanda D RA Residential 87-A-179A Carlson, ShirleyC RA Residential 87-A-12D y & Pierce, Barbara Ar h ris, Gar RA Residential 87-A-12F Hazelwood, Lori Brian RA Residential Development of the proposed areas to be rezoned will create the requirement for buffers and landscaping along adjacent properties in accordance with Section 165- 203.01 of the Frederick County Zoning Ordinance. Adjacent parcels are zoned RA. Those parcels used primarily for residential purposes would require a Category C buffer. Existing, mature woodlands would typically be reserved within the inactive portion of the buffers to provide at least a portion of the landscaping requirement. C. TRAFFIC Access to the parcels is via Ridings Lane from Route 277, a Minor Arterial Road. According to figures from the Virginia Department of Transportation, the traffic on route 277 at this location is 8500 vehicles per day. Ridings Lane provides access to Parcels #86-A-179E, #86-A-179C, and #87-A-12. The access has been designed to provide adequate space for existing and anticipated traffic including truck traffic associated with the current Berlin Steel facility. Berlin Steel currently has 34 on -site employees. IMPACT ANALYSIS , ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Traffic generation estimates for Berlin Steel can be made using the ITE Trip Generation Manual, 91r1 Edition, Volume 2. Trip estimates are based on a future projected, maximum employee count of 50. The estimates are shown below. TRAFFIC IMPACT: DATA SOURCE: ITE TRIP GENERATION MANUAL-9t" EDITION -VOLUME 3 Land Use 110 General Light Industrial Trips based on number of employees: 50 employees Weekday: 3.02x50=151 trips (50% entering, 50% exiting) AM Peak Hour: 0.48x50=24 trips (87% entering, 13% exiting) PM Peak Hour: 0.51 x50=26 trips (29% entering, 71 % exiting) Saturday: 0.48x50=24 trips (50% entering, 50% exiting) Saturday Peak hour: 0. 5x50=3 trips (47% entering, 53% exiting) Sunday: 0.26x50=13 trips (50% entering, 50% exiting) Sunday Peak hour: 0.0450=2 trips (48% entering, 52% exiting) D. SEWAGE CONVEYANCE AND TREATMENT The site is not within the limits of the Frederick County Sewer and Water Service Area. There are no public sewerage facilities serving the immediate area. These parcels and the adjacent parcels are served by individual, private, on -site sewage disposal systems. The Berlin Steel facility is served by a pretreatment and discharging system. This system is monitored yearly by the Virginia Department of Environmental Quality under Permit No. VAG 408427. The maximum treatment volume attributed to the disposal system is 1000 gallons per day. It is not anticipated that the proposed rezoning will result in additional sewage treatment. E. WATER SUPPLY The site receives domestic and fire flow from Frederick Water. The water demand is essentially limited by the sewage treatment capacity. It is not anticipated that the proposed rezoning will result in additional water demand. F. DRAINAGE An increase is stormwater runoff can be expected with any development on the property. Stormwater management will be provided in accordance with the Frederick County Code, Chapter 165 and Chapter 143. With the development of this site a storm water management system would be implemented to control any added flow created by the new impervious areas. 4 • �► IMPACT ANALYSIS, ATEIMENT PARCEL ID 87 ((A)) 12 & 86-A-179C G. 'SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located approximately four miles south and east of the site on Route 522. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately one pound of solid waste per employee per day that will be transported to the landfill. The anticipated maximum number of employees is 50, including field erectors. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that the annual cost in tipping fees will be about $325. H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or potentially significant historic structures as listed in The Rural Landmarks Survey Report of Frederick County. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest known battlefield is the site of the Second Battle of Kernstown located approximately four miles to the northwest. The Rural Landmarks Survey Report lists several structures within approximately one mile of the site, which were inventoried due to the age of the structures, but these are not considered architecturally or historically significant sites. Please refer to Exhibit 3. A copy of the Civil War Battlefields and Sites map has been included on the following pages. The subject parcels do not fie on any Civil War Battlefield sites. Please refer to Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D_I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Stephens City Fire and Rescue Station 11 located approximately three miles to the west of the property in Stephens City. No additional fire 0 • IMPACT ANALYSIS ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C and rescue facilities will be required for the area proposed to be rezoned. The owner recognizes the importance of emergency services and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning, a boundary line adjustment between TM#86-A-179C and TM#87-A-12 will occur and the 10 acres area on Lot 179C will be consolidated with Lot 12. Consolidation will eliminate interior lot lines. Existing access easements will be maintained. 6 IMPACT ANALYSIS . ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Uzousamm EXHIBIT 1A PROPERTY MAP EXHIBIT 1 B METES &BOUNDS MAP EXHIBIT 2 TOPOGRAPHIC MAP EXHIBIT 3 HISTORIC STRUCTURES MAP EXHIBIT 4 CIVIL WAR BATTLEFIELDS MAP EXHIBIT 5 PROPERTY DEEDS B6-A-179E 1.1048 ACRES ZONED: RA ISE: RESIDENTIAL 80-A-179A 1.00 ACRES — ZONED: RA USE: RESIDENTIAL 88-A-179 �?%h 34 ACRES ZONED: RA USE: VACANT ? K •` �`5S �,.-_ 0 500 0 _ 500 I Scale in Feet sea•as'oo'E 1as.os' 2%, 80-A-1RES 8.58 ACRES �p ZONED: RA k, USE: CHURCH \ -1 \ 87-A-12C 6.41 ACRES ZONED., RA USE: RCSIDENTIA� \ 87-A-12D \ 13 29 ACRES C ZONED: RA USE . / : RESIDENTIAL 87 -A-12. ACRES ZONED; M-1 ' - USE: INDUSTRIAL \ _ B7-A-12F BBB-A-179pp -- - MOO ACRi'S — -- ZONEDy RA - - -- N20'323.118 �•�SE: RF DENTIAL--- Ot.".-� NOT'4F 01_ � �N "' O \ - 87-A-12 55a'2Y23' 158J9 — o - 5.3933 ACRES S54'22'2e•E 86-A-179C - ZONED: RA e.00' ems• USE: VACANT---S © 7.09 "ACRES NB4'14'57'14 r ZONED: RA- 86.49' `'o� SE. RESIDENTLY �' Ex 20' DRN;LIGE r \ IN, {)b EASNENT• NST11 03 87-A-12E o� 28.459 ACRES mY \ ZONED: RA USE: VACANT k• � 86-A-218 \ 94 ACRES 1 ZONED: RA USE VACANT • 1 2.00 ACRES \ ZONED: RA USE: RESIDENTIAL \ ----EXISTING ZONING UNE PROPOSED REZONING LIMITS AREA TO BE REZONED=15.3933 ACRES 10 ACRES ON TM86-A-179C 1'54'E 5.3933 ACRES ON TM87-A-12 87-A-13 30.90 ACRES ZONED: RA USE: RESIDENTIAL PAINTER-LEWIS P'.t�.G. PROJECT: SURVEY: NA C•1•: RIDINGS PROPERTY 20' --�� 817 Cedar Creek Grade, Suite 120 RERUN STEEL PROPERTY DRAWN BY: JOB NO.: Winchester, Virginia 22601 FREDERIICK COUNTY, VA, P-L 1902002 Telephone (540)662-5792 PROPERTY MAP SCALE. SHOWN DATE: 4/11/19 CONSULTING Facsimile (540)662-5793 sHEEEXHIBIT ENGINEERS Email off ice0pointerlewis.com 1A • 11 CONSULTING ENGINEERS /86-A-179E10.00 AC S ZON SE: R IAL- - ` r � �S � �Y r 809 86-A-179C 7.09-ACRES \ZONED: RA / USE: RESIDENTIAY_� o �h ��. 0 300 0 300 ��I Scale in Feet Iry sssos" oF` J9 F' „ fro^ E3 87-A-12 SaR" 5.3933 ACRES fs�, ZONED: RA .— / h USE VACANT 6� 0 A IN Q ER-LE'rtd 1S3 -L-C, 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 Email off ice®painterlewis.com N32'41'54"E 101.34' JECT: SURVEY: cl: RIDINGS PROPEM DRAWN BY, DR -� JOB NO.: BERLJN STEEL PROPERTY P-L 1902002 FREDERICK COUNTY, VA =GALE: -"- ATE. AREAS TO BE REZONED SHOWN 4f11/19 METES &, BOUNDS MAP SHEE�XHIFJIT 16 1000 0 1000 Scale in Feet' or �\ 4( ; o ' , .ice - - <<o Po Asso ,- iG!5 PAINTER-LEWIS, P.L.C. PROD A KY. PROPERTY AWN er: 817 Cedar Creek Grade, Suite 120 RERUN STEEL PROPERW doe No.: Winchester,Virginia2?.60t FREDERICK COUNTY, VA. -� ttaosoos _ lelephone (540)662-5792 F' oA1E COWMALT1NG Facsimile (540)662-5793 TOPOGRAPHY sH0 4/4/19 ENGINEFRS Email oNice®painteriewis.com • J Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 3 1864 Second Kernstown Sites (Fortifications) IOParkins Mill Battery 111864 Winter Line 12 Carriesbrooke Redoubt 13 Hillandale Works 1419th Corps Entrenchments 15Star Fort 16 Fort Collier 17 Zig-Zag Trenches ems: Civil War Sites Civil War Battlefields O \ Star nO 00.51 2 3 4 5 6 l 1 1 Wes Renolds Store Cross Junction Gainesboro Gore Civil War Battlefields %.- &Sites ( As Defined by the NPS Shenandoah Valley Civil War Sites Study) Clear Brook 0 3 OStephenson sf ao AbinO 77 Round 4 a:: �. Hill ris°I e Shawneeland W—hftw.x 1 v z 522 77 ' 12 A,I 10 sa 13 a 17 7 Stcrb- A I J k ny O 277 $22 n 7�. 622 14 �. 4 ti 2030 Comprehensive Plan Adopted My 14, 201J • 0 VIRGINIA DEPARTMENT OF TRANSPORTATION COMMERCIAL ENTRANCE DESIGN Enter a value for all input cells Project Name: 113erlin Steel County: Frederick Reviewer: I� Date: 7/9/2019 ` V OOT Adacent Road Name: Route 277 i Number of Lanes: 2 Posted Speed: 45 mph * Classification: Minor Rural Arterial AADT: 8500 VPID D: 0.626 k: 0.093 enter N/A if factors are unknown *Use Design Speed if available Generated Trips: I 151 VPD %Trucks in Entrance: C 5 1. Right In: 11 VPH Advancing Volume: F 495 VPH Left In: 10 PH 2% Opposing Volume: 495 PH** **Also used as Approaching Volume for Rt. Turns Entrance Criteria Entrance is a Standard Commercial Entrance Entrance Type: `Full Access Entrance -� Minimum Spacing: 470 it SDL: 530 it SDR: 565 ft Left Turn Lane Warrant: Advancing Volume >_ 427 VPH Left Turn Lane Required with 200' taper Right Turn Taper Warrant: Rt. Turn Volume >_ 21 VPH No Taper Required Right Turn Lane Warrant: Rt. Turn Volume >_ 54 VPH No Right Turn Lane Required Warrant for Left -Turn Storage Lane Warrants for Right Turn Treatments 2-Lane Highway 2-Lane Highway j _S=100'800 S: ^- aa� -- i a i` �_ �^ 120 700 �------�-- y TI er 4 z 600 �...__ 3 5=150 x 100 �__ -N �T n Lane E 500 805=175400 - - - 60 j = 200 { oo 5=50' 100 20 _. as 0 .; z 3 L -- --_ - 5=300' � w I • 0 O 0 200 400 600 800 1000 1200 0 200 400 600 800 Advancing Volume, VPH Approach Total, VPH 1. The minimum warranted left turn lane length shall be 100' for speeds 5 40 mph and 200' for speeds z 4S-mph T 2. Left turn lanes with high truck volume shall be increased as calculated and tabulated below: Left Turn Storage Length Increase Required for Truck Ratio (in Feet) 5=100' 1 5=125' 1 5=150' 1 5=175' 1 5=200' 1 S=250' 1 S=300' 0 1 0 1 0 j 0 ! 0 ! 0 0 on July V12 Appen ix F • V0i Rood Eevan Manua -1-12 •"'•��••'••��"�� • 0 iifAT n ti,, 315 Tasker Road PH (540) 868-1061 Stephens City, Virginia 22655 Eric R. Lawrence Fax (540) 868-1429 Executive Director www.FrederickWater corn May 15, 2019 John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Rezoning Application Comment Berlin Steel Rezoning Application Tax Map Number: 86-A-179C and 86-A-12 15.3933 acres Dear Mr. Lewis: 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,5 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. ANNIVERSARY Water At Your Service ` KOZy--�v2- Page 2 Berlin Steel rezoning application John Lewis May 15, 2019 Facilities for conveyance of water to the subject properties do presently 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, Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department Dick Helm, Frederick -Winchester Service Authority Frederick Water Board of Directors 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@painterfewis.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. Rod From: Rod Williams Sent: Wednesday, May 29, 2019 1:40 PM To: office npainterlewis.com Subject: RE: Ridings & Berlin Steel rezoning Deal -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 htios:Hv%rvvw.fcva.us/home/sliowdocurrient?id=1022, the use of which I 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 1 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, . 1 • Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia(a-).fcva.us From: Rod Williams Sent: Tuesday, May 7, 2019 9:42 AM To: office@painterlewis.com Cc: Candice Perkins <cperkins@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 • • REZONING APPLICATION FOR1l4 FRCDERICK COUNTY, VIRGINIA To be completed by Planning Staff: ; Fee Amount Paid Zoning .Amendment Number - 1 Date Received PC Hearing Date i 1 t. I `1 BOS Hearing Date_ . t The following information shall be provided by the applicant; All parcel identification numbers, deed book and page numbers may be obtained from the Office of (lie Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Painter -Lewis, P.L.C. Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 2. Property Owner (if different than above): Name: Dennis Ridings Address: 280 Ridings Lane White Post, VA 22663 3, Contact person if other than above: Telephone: 540-662-5792 Telephone: 540-974-1523 Name: John Lewis Telephone: 540-662-5792 4. Property Information: a. Property Identification Number(s): 86-A-179C b. Total acreage to be rezoned: 10.00 C. TotaI acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 17.09 d. Current zoning designation(s) and acreage(s) in each designation: RA -rural agricultural C. Proposed zoning designation(s) and acreage(s) in each designation: MI -light industrial district f Magisterial District(s): Opequon 12 5. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Comments _. ✓ _ Plat _• ✓ ._ Fees _ ✓ Deed to property _ ✓ ' Impact Analysis Statement ✓ _ Verification of taxes paid _ ✓ Proffer Statement Plat depicting exact meets and bounds for the proposed coning district _ ✓ Digital copies (pdf's) of all submitted documents, maps and exhibits _ ✓ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Beverly S. Ridings 7. Adjoining Property: PARCEL ID NUMBER 87-A-12E 86-A-179E 86-A-179 86-A-179A 87-A-12 USE vacant residential vacant residential industrial RA RA RA RA M1 ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection; using road names and route numbers): The property is located at 280 Ridings Lane which intersects Route 277 about 3200 feet east of Hudson Hollow Road. 13 f� • 9. ?'lie fallowing inforimition should be provided accordinV to the (vile of l'Cl.Qtittt}}; proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: / Date: Owner(s): UL Date: dS (5 Date: 14 • • i. 'Tile fullowhig infornultion ::Mould be provided :zeeording to liar type of reloniug proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: 'Warehouse: C'nmmercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right -of --way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 14 Date: Date: Date: 7a5q Date: ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the o#lice of the Commissioner of Revenuc. The Commissioner of the Revenue is located on the 2nel loon of the Frederick County Adminisiralive Building, 107 North Kent Street. Eanic and Property Identification Number Address Nan,e Berlin Real Estate Inc PO Box 428 Berlin, CT 6037 0428 Property i, 87-A-12 Name Shirley C Carlson 1312 Fairfax Pike White Post, VA 22663 1805 Property It 86-A-179 Name Mary F Ridings 260 Ridings Lane White Post, VA 22663 Property N 86-A-179E Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property #87-A-12E NarneShirley C Carlson 1312 Fairfax Lane White Post, VA 22663 Property g 86-A-179A NarneLiberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property fl 86-A-179D Name Property N Name Property tt Name Property 15 0 • REZONING APPLICATION DORM Fl ,DERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number PC Hearing Date _ Fee Amount Paid $ Date Received BOS Hearing Date "The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Painter -Lewis, P.L,C. Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 2. Property Owner (if different titan above): Name: Berlin Steel Real Estate Inc Address: PO Box 42B Berlin, CT 6037 0426 3. Contact person if other than above: Name: John Lewis Telephone: 540-662-5792 Telephone: 860-828-2538 Telephone: 540-662-5792 4. Property Information: a. Property Identification Nurnber(s): 86-A-12 b. Total acreage to be rezoned: 5.3933 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parce](s) is not being rezoned): 23.34 d. Current zoning designation(s) and acreage(s) in each designation: RA -rural agricultural e. Proposed zoning designation(s) and acreage(s) in each designation: M1-light industrial district f. Magisterial District(s): Opequon 12 5. Checklist: Check the following items that have been included with this application. Location map _ ✓ ' Agency Comments ✓ _ Plat ✓ Fees ✓ Deed to property _ ✓ ._ Impact Analysis Statement _ ✓ Verification of taxes paid ✓ Trotter Statement _- Plat depicting exact meets and bounds for the proposed zoning district _ ✓ _ Digital copies (pdfs) of all submitted documents, neaps and exhibits ; ✓ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 7. Adjoining Property: PARCEL ID NUMBER 86-A-179C 86-A-179D 86-A-13 87-A-12F 87-A-12E 87-A-12D &87-A-12C USE ZONING residential RA church RA residential RA residential RA vacant RA residential RA 8. Location: The property is located at (give exact Iocation based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located at 201 Ridings Lane which intersects Route 277 about 3200 feet east of Hudson Hollow Road. )3 i 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome; Multi -Family: Non-Residertial Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: _ Commercial: ^� Other: 10. Signature: l (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. 1 (we) hereby certify that this application and its accompanying materials arc true and accurate to the best of my (our) knowledge. 11411k (_ , _�, 1, Applicant(s). � Date: ��__'� Owner(s): 14 Date: Date: Y' Date: ! 0 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Dennis Ridings 280 Ridings Lane White Post, VA 22663 Property # 86-A-179C NameLiberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property 486-A-179D NameAmanda D Calhoun 1450 Fairfax Pike White Post, VA 22663 Property #87-A-12C Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property ,#87-A-12E NameShirley C Carlson 1312 Fairfax Pike White Post, VA 22663 Property # 86-A-179A Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property # 86-A-1790 Name Gary Arghyris Barbara Pierce 1518 Fairfax Pike White Post, VA 22663 Property # 87-A-12D NameLori Brian Hazelwood 1500 Fairfax Pike White Post, VA 22663 Property # 87-A-12F Name Property 9 15 0 9 Special Limited Power of Attorney Cortnty of Frederick, Virginia Frederick Planning Website: ►, ► w.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Dent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Dennis L. Ridings Name of Property Owner/Applicant Please note' If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 280 Ridings Lane, White Post, VA 22663 540-974-1523 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of (and in Frederick County, Virginia, identified by following property identification numbers: #86-A-179C do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Anomey-In-Fact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Mailing Address of Attorney -In -Fact 540-662-5792 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the folio 16er , for the above identified property: •' Rezoning Subdivision Conditional Use Permit Site Plan Master Development7. Plan (prelim• or final) Variance or )ning Appeal and, further, my attorney -in -fact shall have the authority to proffered conditions and to make amendmenis to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. J Signature Title (if signing on behalf of an enti ) State of , . County/City of I ` , To wit: a NotaryPublic in and for the jurisdiction aforesaid, certify that the person who signed t e foregoing instrutnent�i v appeared before me and has acknowledged the sarpc)before me in the jurisdiction afores �isP•... /,,,� , of , 20 . s� • �) l OX;�p �AY �IMy Commission Expires: I4otary Public CO�nnaRN I�ggis�ration Number: 0- 7532024 O •��ALTN ��• 4�c1&; COGS Special Limited Power of Attorney a County of Frederick, Virginia Frederick Planning Website: www.fcva.us Wro /4 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-565€ Facsimile (540) 665-6395 Know Ali Men By These Presents That: Beverley Ridings Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above, If multipic persons own the property or are applicants, an executed power of anorney from each owner will be needed. 280 Ridings Lane Mile Post, VA 22663 540-974-1523 Mailing Address of Property Owner/Applicant Telcphone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: #86-A-179C do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Attomey-In-Pact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540-662-5792 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: R✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behal f an entity) State of r . County/City of (_S i t: t To wit: `'ter', a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrt�tjinett ally appeared before me and has acknowledged the sapx before me in the jurisdiction afore Ali �'tjay of ` , 201 P Y Pu •'•. t�� e cfin % M9�Commission Expires: rotary Public _ �0MM1S5%0 a istration Number: ' + ;��h+;,�`: NUMBER ! 7532p24 : J4 0 � O a Specitli Linl. led Power of A-tiorney collui-Y of 14 rederick, I VI-edel ick planning Website: Department of Planning Ss Development, County of Frederich, Virginia 107 North Kent Street, Wilachester, Virginia 22601 Phone (540) 665-565I Facsimile (540) 665-6395 Know All Men By These Presents That: Berlin Steel Real Estate, Inc. Name of Property Owner/Applicant Pieme Dote: If the property owner/applicant is an adily, tlta name of the end ly should appear above. If multiple persons own the property ot are applicanu, an executed power of attomey ftom each om)cr will be needed. P. O. Box,128 Berlin CT 8037 0428 060-82"31 as owner of, or npplienut v/ith r►:speet to, the trret(s) or parcel(s) of land in Frederick County, Virginic, Identified by foliowin.g property ideatification numbers: 987-A-12 do hereby snake, constitute, and appoint: Painter -Lewis, P.L.G. Name of Attomoyln-Fact 817 Cedar Crook Grade, Suite 120 Winchester, VA 226D1 to act as my true and lawfut cttorney-in-fact for and is my nacre, place, and stead, ncith the i7me full power and authority I would have If a6hyp,, personally, to file and act on my behalf nith respect to application with Frederick County, Virginia for the follow in , for the above identified property: V Rezouinp Stlbd1t4sion Conditional Use Permit Site PUn 'Master Development Plan gwclirn. or final) `j Verlance or Zoning A,ppeai and, further, my attorney-in-d'vet shall have the authority to o er proffered conditions and to niske aniendinents to previously approved proffered conditions except us foiiows: Ire one year from the day that It is signed, or at such sooner time as I y it. State of _CQnJh LJ__ 7LtT21 , County/City of �J (( r -I:C�O- , To wit: t_•rrK/(t r� �� ��a R�tary Public in and for the jurisdiction aforesaid, certify that 1, ��A-! '� the person who signed the regoing instrument personally appeared Wore me and has acknowledged the same before me in the jurisdiction aforesaid this 2 z^° day of _ tea' , 201. 1 My Commission Expires: C� Notary Pub11 t "' Registration Number: Karen Nornergut Simeono Notary Public -Connecticut My C ommrtss on xptrals February29,2024 �GX ,Poi REZONING APPLICATION H03-19 13EIZLIN STEEL ESTATE INC. Statf Report for the Planning Commission Prepared: December 6, 2019 Staff Contact: Candice L. Perkins, AICP, CZA, Assistant Director me Reviewed Planning Commission: 10/16/19 Planning Commission: 12/18/19 Board of Supervisors: 01/08/19 Action Public I-Iearing I-leld; Tabled 60 Days Public Meeting Pending PROPOSAL: To rezone 15.3933-P/- acres from the RA (Rural Areas) District to the M 1 (Light Industrial) District with prof'lcrs. LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING COMMISSION MEETING: This is an application to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers. The site is located within the limits of the Southern Frederick Land Use Plan of the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed M 1 Zoning is generally consistent with the Southern Frederick Land Use Plan as it relates to this area. These properties are not located within the limits of the Sewer and Water Service Area (SWSA). The Comprehensive Plan states that it is expected that the land uses within the UDA and SWSA will be served by public water and sewer. However, as this site is contiguous to existing M 1 Zoning and is intended to facilitate an expansion to an existing business (Berlin Steel), this request to rezone property outside of the SWSA may be appropriate. The proffers associated with this rezoning request are as follows; Staff has provided comments regarding concerns associated with this request: Proffer Statement — Dated November 18, 2019: 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 Zoning. 2. Prior to approval of the next site plan for any facility or structure on these subject lands, the owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and design of any resultant improvement to Route 277 will be subject to VDOT approval. 3. As shown on the Generalized Development Plan, a 100' wide strip of land will be reserved on the subject lands for future road network improvements. No permanent buildings will be erected within this area. 4. Monetary Contribution — The owners will donate $1,000 for impacts to fire and rescue services. a Rezoning #03-19 Berlin Steel Estate Inc. December 6, 2019 Page 2 Stltff Comments: Proffer 2 — the Applicant has not committed to constructing a turn lane if warranted by VDOT — only a traffic count and design. Proffer 3 — This proposed reservation area does not follow the minor collector roadway planned through this site per the Southern Frederick Land Use Plan. Approved modifications to the location would only be approved via a Comprehensive Plan change (CPPA Process) or through an actual designed roadway. A_ recommendation regarding, this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. • Rezoning 1103-19 Berlin Steel 1--',state Inc. December 6, 2019 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff inhere relevant throughout this Staff report. Reviewed Action Planning Commission: 10/16/19 Public Hearing Held; Tabled 60 Days Planning Commission 12/18/19 Public Meeting Board of Supervisors: 1 1/13/19 Pcnding PROPOSAL: To rezone 15.3933-F/- acres from the RA (Rural Areas) District to the MI (Light Industrial) District with proffers. LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-179C and 87-A-12 OPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M 1 (Light Industrial) East: RA (Rural Areas) East: RA (Rural Areas) Use: Berlin Steel — Industrial Use: Residential/Agricultural Use: Residential/Agricultural West: RA (Rural Areas) Use: Vacant/Agricultural Rezoning 1103-19 Berlin Steel Estate Inc. December 6, 2019 l'age 4 REVIEW EVALUATIONS: Virg,inia Dept. of Transportation: We have reviewed the rezoning application for Berlin Steel and Ridings to rezone a total ol' 15.3933 acres from RA to M 1 for the use ofnletal 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 prof fcr statement does not Include mitigation to Offset future turn lane and intersection needs. Frederick County Transportation: County Staff concurs with VD01' regarding the need for a turn lane at the entrance per the requested expanded use ill the rezoning, however I would note that the proffer statement does not include accommodation for this expected impact on the transportation network. Frederick -Winchester Health Department: The Frederick County Health Department has no objection to the proposed zoning changes from RA to MI since this change does not affect any proposed or existing wells or septic systems on the properties. Frederick Water: Please see letler from Eric R. Lalnrence, AICP, Evecutii,e Director dated jLlay 15, 2019. Frederick County Department of Public Works: In the Impact Analysis Statement, Section F- Drainage also reference Chapter 143 of County Code — Slormwater/Erosion and Sediment Control Ordinance comprehensive review will occur at the time of site plan submissioIl. Frederick County Fire Mai -shall: Plan approved. County of Frederick Attorney: Please see email ftom Roderick B. YI'illiams, County Attorney dated August 28, 2019. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for both parcels as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. *The adjacent Berlin Steel property was rezoned in 1983 and 2001. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. Retuning 1103-19 Berlin Steel I state Inc. December 6, 2019 Page 5 The 2035 Comprehensive Plan Is all Official public document that serves as the Community's guide (or making decisions regarding development, preservation, public facilities and other key COI11pOnCntS Of C0111111Unity life. The primary goal Of this plan is to protect and improve the living environment within Frederick County. It is In essence a compositioIl Of policies Used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts Ofthc County. Lawl Use The site is located within the limits of the Southern Frederick Land Use Plan of' the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed M 1 Zoning is generally consistent with the Southern Frederick Land Use Plan as it relates to this area. Staff would note that these properties are not located within the limits of the Sewer and Water Service Area (SWSA). 7 -anspo!'1CIllon The site is accessed via an existing commercial entrance (Ridings Lane) that intersects with Fairfax Pike (Route 277). No improvements are proposed by the Applicant. VDOT stated in their comment that the turn lane analysis indicated needs for a turn lane in tile future, however, the proffer statement does include mitigation to offset future turn lane and intersection needs. County transportation Staff notes that they concur with the need for the turn lane, and further notes that the Applicant has not addressed this impact of the rezoning in their proffer statement. Staff would note that the Southern Frederick Land Use Plan shows a new minor collector roadway planned through this site. It is noted that this is a planned roadway and not designed at this time and the location may be subject to future modifications. The Applicant has not addressed this roadway in their rezoning application. Environnlenlal Parcel 86-A-179C contains an approximately tlu-ee-acre pond, there are no floodplains or wetlands as stated in the Applicant's impact statement. The site does contain some steep slopes that are identified eastern portion of the site. Woodlands generally cover parcel 87-A-12 and the southern and eastern portion of 86-A-179C. The Applicant proposes to clear much of the woodlands with the development of the site. This site is not within the limits of the Sewer and Water Service Area (SWSA) and therefore is served via a private onsite sewage disposal system. This system is monitored by the Virginia Department of Environmental Quality. Rezoning //03-19 Berlin Steel 1?statc Inc. December 6, 2019 Page 6 3) Proffer Statement — Dated November 18, 2019: I . The land and ail)' improvements thereto will be expressly used for a metal fabrication business as permitted under the M 1 Zoning. 2. Prior to approval of the next site plan for any facility or structure on these subject lands, the owner will conduct a traffic count on ROute 277 to determine the need for any turn lanes from ROute 277 into the site via Ridings Lane. The method used to Conduct the traffic Count and design Of any resultant Improvement to Rolite 277 Will be Subject to VDO I approval. 3. As shown On the Generalized Development Plan, a 1 00' wide strip of land will be reserved on the Sub1CCt lands for ILiture road network improvements. NO permanent buildings will be erected within this area. 4. Monetary Contribution — The owners will donate $1,000 for impacts to fire and rescue services. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/18/19 MEETING: Staff provided an overview of the application and the proposed proffers. The Commission questioned the left turn lane possibly needed along Route 277 and the location of the planned collector road shown In the Comprehensive Plan. The Commission expressed Concerns that the applicant was not addressing VDOT's comment regarding the need for a turn lane as well as the planned collector road. Mr. Lewis addressed the proposed collector road and stated that it Could possibly be relocated since its not designed. The Current location In the Comprehensive Plan greatly impacts their proposed new laydown yard. I-Ie further stated that the need for the turn lane would be determined at the site plan stage. The Commission questioned the turn lane need and requested the applicant consider modifying the application to state that the turn lane would be constructed if warranted by VDOT. Mr. Lewis stated that the was amendable to that language. There was one comment during the public hearing. The Planning Commission postponed the application for 60 days to allow the applicant to allow the owner to work with the county to relocate the collector roadway off the property. A recommendation regarding this rezoning application to the Board of Supervisors would be appl'opHate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Real Estate, Rezoning from RA to M1 Zoning .. —7 '# fAOtfAx IS01 1463 IIKE FAIRFAX • FAIRFAX IIKE 1312 PIKE FAIRFAX 1436 PIKE FAIRFAX II00 IIKE FAIRFAX 160 IIKE JOURNEYMAN LN R?A 12 111 IS FAIR IL 1130 FAIRFAX IIKE IS32 & --_j I 'F / �I 1 law i. ZOE Areas to be Rezoned 8 Application Parcels M1 (Light Industrial District) 0 2 410 P� A—) O * NtAVM ... a C[pAR � I It �_` ) N�jr��/}. W E S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 820 Feet nA , r.o /o r co /o ho. nniO "FARMAI • Berlin Steel • • Rezoning from RA to Location • • F fool FAIRFAX I501 / � ' i� S IIKE FAIRFAX FAIRFAX IIKE t7i2PIKE FAIRFAX � UJI %IKE FAIRFAX II00 IIKE FAIRFAX 160 PIKE lOURNEYMAN,IN R7 Ad2 1S FAIR IL IISO FAIRFAX PIKE ISJ2 FAIRFAX iSIR IKE FAIRFAX 11KE s F, IS00 FAIRFAX asR PIKE � r w - r,' Y Areas to be Rezoned 8 Application Parcels A-11 OY LN 1 r ��ti �.i" l F ,•^ �W / 7 410 N WE s Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 R20 Feel .... ram... ,....+. c....., ..,. i.. ,.. nn. n REZ # Areas to be Rezoned Application Parcels Eastern Road Plan "% %. ♦ New Major Arterial - ♦0 Improved Major Arterial I 4% ` ♦ New Minor Arterial O"S\O Improved Minor Arterial ;'i New Major Collector 0011#4.0 Improved Major Collector 4►1i New Minor Collector Improved Minor Collector O""I'll"Itill Ramp Roundabout Trails Long Range Land Use Q Residential Neighborhood Village ?y Urban Center • Mobile Home Community ® Business Highway Commercial Mixed -Use ® Mixed Use CommercisuOffice ® Mixed Use Industrial/Office _ Industrial ® Warehouse Heavy Industrial - Extractive Mining Commercial Rec C �� Rural Community Center Fire & Rescue 0 Sensitive Natural Areas ® Institutional • Planned Unit Development Park Recreation School �..L' Employment Airport Support Area Q B2 / B3 Q Residential, 4 u/a © High -Density Residential, 6 u/a Q High -Density Residential, 12-16 u/a Q Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation ® Environmental & Recreational Resources Rezoning from RA to Long Range Land Use Map IX 1301 fA1RFAX IS71 1457 IIKE FAIRFAK Icy FAIRFA IIKE f IRFAX IIIS IIKE IIKE FAIRFAX t11S IIKE FAIRFAX IIKE 1�65 FAIRFA: i 0 I�OR FAIRFAX IIKE 312 5 625 Z I =FAFIRFJAX t77 JOURNEYMAN IN L .ram T p� A-1 S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 1,250 Feet • i. .. c 11 11 n 9 0 PROFFER STATEMENT Dennis and Beverly Ridings 280 Ridings Lane White Post, VA 22663 Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Real Estate, Inc. 201 Ridings Lane White Post, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres PARCEL ID: 87-A-12 Opequon Magisterial District November 18, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1902002 • 9 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 5.3933 acres on Parcel #87-A-12 and 10 acres on Parcel #86-A-179C from RA to M1, development of this particular 15.3933 acres along with the existing 17.9467 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document and with the attached "GENERALIZED DEVELOPMENT PLAN". See the attached "AREAS TO BE REZONED METES & BOUNDS MAP" for an illustration of the areas to be rezoned. These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. 2. Prior to approval of the next Site Plan for any facility or structure on these subject lands, the owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and the design of any resultant improvements to Route 277 will be subject to VDOT approval. 3. As shown on the Generalized Development Plan, a 100' wide strip of land will be reserved on the subject lands for future road network improvements. No permanent buildings will be erected within this area. Monetary Contribution to Frederick County Service Organizations The owners of Parcel #87-A-12 and Parcel #86-A-179C will donate or will cause to be donated to the Frederick County the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the approval of the next site plan for any expansion of the operations of any facility or structure onto these subject lands. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns and successors in the interest of the owners. In the event that the Frederick Country Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. • • PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Submitted By: Mr. Dennis Ridings Dennis Ridings Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this _DaL-,2-tc)ey_ ?,-21q by Dennis Ridings. My commission expires on I (30 /Z,,2O ry Public Submitted By: Mrs. Beverley Ridings Beverley Ridings C1/ /a Date: i--Me3 3/.2 Di 9 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: MY n C01;4MI, 10 rrp1515853 R J3 N day of The foregoing instrument was acknowledged before me this z day of &4by Dennis Ridings. My commission expires on zvJ 2� :'`��,• c �F�t'; MY n' EMISSION N Nu.MBEIR 7515853 . �_ " =� ill•. •��2- ,� �'�.,��FALTNOF .•�` N PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Submitted By: Berlin Steel Real Estate, Inc.\ I All // I/ Signature �7 a� r • im Date: O - 29 — 19 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this day of by My commission expires on J y l -J `4 Notary P Karen Nemergut Simeone Notary Public -Connecticut My Commission Expires February 29, 2024 3 • 0 / > 300 0 300 Scale in Feet \ 86-A-179 - 10.00 AC S ZONED- RA - — , ZF./SE: R IDENTIAL - 606, P) 809 7087-A-12 %' 5.hh 3933 ACRES /ram _ ------ ---- -- J J 86-A-179C Ss�g ZO RA USE: CAN 7.094CRES �A _ \ ZONED: RA / �o 6' s8� USE: RESIDENTIAX \ IN N32' 41 '54"E 101.34' PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email off ice®pointerlewis.com NKUJtCI: RIDINGS PROPERTY RIDINGS STEEL PROPERTY FREDERICK COUNTY, VA. AREAS TO BE REZONED METES do BOUNDS MAP SURVEY: C.L: "A 20' DRAWN BY: JOB NO.: P-L 1902002 SCALE: DATE: SHOWN 4/11/19 SHEET: EXHIBIT 1 B L� IB, 0 S�9 86—A-179C U 0 o° \� 300 0 300 Scale in Feet \ If 0 87—A-12 \ i 100' "NO PERMANENT BUILDING" RESERVATION AREA FOR FUTURE ROAD NETWORK IMPROVEMENTS 0 C9 / IN / h \N32'41'54"E 101.34' PROJECT: SURVEY: C.I.: PAINTER-LEWIS, P.L.C. RIDINGS PROPERTY NA NA 817 Cedar Creek Grade, Suite 120 BERLIN STEEL PROPERTY DRAWN BY: JOB NO.: Winchester, Virginia 22601 FREDERICK COUNTY, VA. SCALE: DATE: Telephone (540)662-5792 GENERALIZED DEVELOPMENT PLAN SHOWN 10/27/19 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office®painterlewis.com GDP AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on February 21, 2001 BOARD OF SUPERVISORS: Approved April l l .2001 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-01 OF IRONGATE, INC. WHEREAS, Rezoning 902-01 of Irongate, Inc., was submitted by Painter -Lewis, P.L.C., to rezone a 14.43-acre portion of a 48.26-acre tract from RA (Rural Areas) to M 1 (Light Industrial). This property is located on the south side of Fairfax Pike (Route 277), approximately I '/4 miles west of the Clarke County line and is identified with Property Identification Number 87-A-12 in the Opequon Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on February 21, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 11, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change a 14.43-acre portion of a 48.26-acre tract from RA (Rural Areas) to MI (Light Industrial) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes N06.01 This ordinance shall be in effect on the date of adoption. Passed this 1 Ith day of April, 2001 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye W. Ifamnglon Slllltl), Jr. Aye Margaret B. Douglas A`ye Charles W. Orndoff, Sr. Aye Robcrt M. Sager Aye A COPY ATTEST John R Kiley, Jr. Frederick County dministrator 111)Rcs. #05-01 0 bw RES 1�pJ • PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 87 ((A)) 12 Opequon Magisterial District Frederick County, Virginia February 6, 2001 Prepared for: Mr. Dennis Ridings IRONGATE, INC. 201 Ridings Lane White Post, Virginia 22663 Prepared by: PAINTER-LEW15v P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintiew@mnsinc.com Job Number: 9902014 0 9 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 INTRODUCTION The subject parcel contains 49.69 acres, Currently 48.26 acres are zoned RA and 1.43 acres are zoned M-1. Adjacent property is zoned RA. The owner desires to rezone an additional 14.43 acres within the parcel to M-1. The intended purpose for the rezoning would be to allow the expansion of the existing metal fabrication business of Irongate, Inc. The owner is willing to proffer a limit on the type of use permitted on the proposed M1 zone. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application 11 02-01 _ for the rezoning of 14.43 acres on Parcel 87-((A))-12 from RA to M1, development of this particular 14.43 along with the existing 1.43 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document, These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. 2. The owner shall enter into a common shared buffer and screening easement agreement between properties identified as Tax Map 87-A-12 and 86-A-179C to satisfy the requirements of Section 165-37D(4) of the Frederick County Zoning Ordinance. This buffer shall incorporate a minimum buffer between the two parcels of 400 feet. The common shared buffer and screening easement agreement shall be executed prior to the issuance of a building permit for improvements on parcel 87-A-12. Monetary Contribution to Frederick County Service Organizations The owner of Parcel 87-((A))-12 will donate or will cause to be donated to the Stephens City Fire and Rescue Company No. 11 the sum of $1000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. 0 0 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 Submitted By: Mr. Dennis Ridings Dennis Ridings ' /"Z Date: ­Pl6/ol STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this Vk day of -2ooi by Mr. Dennis Ridings. My commission expires on Fx6ratinnDateJuly 31 2nn2 Notary Public • • IMPACT ANALYSIS STATEMENT Ridings Property 280 Ridings Lane White Post, VA 22663 Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Real Estate Property 201 Ridings Lane White Post, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres PARCEL ID: 87-A-12 Opequon Magisterial District August 13, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1902002 IMPACT ANALYSIS* ATEMENT • PARCEL ID 87 ((A)) 12 & 86-A-179C IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section i. INTRODUCTION u t.. 2 A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. LOT CONSOLIDATION 6 IMPACT ANALYSI S ATEMENT • PARCEL ID 87 ((A)) 12 & 86-A-179C i. INTRODUCTION Berlin Steel is a steel fabrication facility located on a 23.34 acre lot which contains 17.9467 acres zoned M1-Light Industrial District and 5.3933 acres zoned RA -Rural Agricultural District. Adjacent to the Berlin Steel lot is the Ridings lot which contains 17.0915 acres zoned RA. Under this rezoning application, Berlin Steel proposes to rezone the 5.3933 acres remainder of Parcel #87-A-12 from RA to M1 and Ridings proposes to rezone 10 acres of Parcel #86-A-179 from RA to M1. It is anticipated that with a successful rezoning, Berlin Steel will acquire the 10 acres from Ridings. Please refer to Exhibit 1 for a property overview map and Exhibit 2 for a metes and bounds illustration of the areas to be rezoned. Parcel #87-A-12 was the subject of a rezoning in 2001 when 14.43 acres of the parcel was rezoned from RA to M1 with proffers. These same proffers will be applied to the proposed areas of rezoning. A. SITE SUITABILITY The subject parcels are located on Ridings Lane which intersects Route 277 about 3,200 feet east of Hudson Hollow Road. This site is suited for rezoning to the Light Industrial District. The Eastern Frederick County Long Range Land Use Plan designates these parcels as "Industrial". The parcels are within the Sewer and Water Service Area. Public water serves the current site of Berlin Steel. There is no public sanitary sewer service. The current operation of Berlin Steel is adequately served by an on -site sewage disposal system. The proposed rezoning of 15 acres will not require an increase in sanitary sewer disposal capacity. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0200 B shows the subject area to be outside of any flood hazard zone. WETLANDS No jurisdictional wetlands have been identified on this site. Parcel #86-A-179C contains a 3+/- acre pond that was constructed in the 1970s. The pond is located in an uplands area with no perennial stream connection to other waters. STEEP SLOPES The properties generally slope toward an intermittent tributary to Crooked Run. Slopes increase in severity as they approach this intermittent tributary. Slopes which approach 25% can be found on the eastern portion of the site near the tributary. MATURE WOODLANDS Mature woodlands generally cover the land to be rezoned on Parcel #87-A-12. Mature woodlands are located generally along the southern and eastern portions of Parcel #86- oil IMPACT ANALYSIS• ATEMENT • PARCEL ID 87 ((A)) 12 & 86-A-179C A-179A. Much of these woodlands would be cleared to allow the development of usable areas on the parcels. Typically, the woodlands located at the perimeters of the parcels, that is, along the boundaries would remain untouched to serve as visual screening to adjacent lands. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: Zoar silt loam (44B), Weikert-Berks channery silt loam (41 C), and Berks channery silt loam (1 B). These soils are generally shallow to moderately deep and formed from weathered shale or sandstone. The unified soils classifications are GM, ML, and SM. Weathered bedrock can be expected at relatively shallow depths around 30 inches below the ground surface. B. SURROUNDING PROPERTIES The property to be rezoned is surrounded by residential and vacant properties which are zoned RA. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 86-A-179 Carlson, ShirleyC RA Vacant 86-A-179E Ridings, Mary F RA Residential 87-A-12E Four Winds Land Holdings LLC RA Vacant 86-A-479D -Liberty Baptist Church RA Church 86-A-12C Calhoun, Amanda D RA Residential 87-A-179A Carlson, ShirleyC RA Residential 87-A-12D Ar h ris, Gary & Pierce, Barbara RA Residential 87-A-12F Hazelwood, Lori Brian RA Residential Development of the proposed areas to be rezoned will create the requirement for buffers and landscaping along adjacent properties in accordance with Section 165- 203.01 of the Frederick County Zoning Ordinance. Adjacent parcels are zoned RA. Those parcels used primarily for residential purposes would require a Category C buffer. Existing, mature woodlands would typically be reserved within the inactive portion of the buffers to provide at least a portion of the landscaping requirement. C. TRAFFIC Access to the parcels is via Ridings Lane from Route 277, a Minor Arterial Road. According to figures from the Virginia Department of Transportation, the traffic on route 277 at this location is 8500 vehicles per day. Ridings Lane provides access to Parcels #86-A-179E, #86-A-179C, and #87-A-12. The access has been designed to provide adequate space for existing and anticipated traffic including truck traffic associated with the current Berlin Steel facility. Berlin Steel currently has 34 on -site employees. 3 IMPACT ANALYSIS ATEMENT • PARCEL ID 87 ((A)) 12 & 86-A-179C Traffic generation estimates for Berlin Steel can be made using the ITE Trip Generation Manual, 9t" Edition, Volume 2. Trip estimates are based on a future projected, maximum employee count of 50. The estimates are shown below. TRAFFIC IMPACT: DATA SOURCE: ITE TRIP GENERATION MANUAL-9°i EDITION -VOLUME 3 Land Use 110 General Light Industrial Trips based on number of employees: 50 employees Weekday: 3.02x50=151 trips (50% entering, 50% exiting) AM Peak Hour: 0.48x50=24 trips (87% entering, 13% exiting) PM Peak Hour: 0.51x50=26 trips (29% entering, 71% exiting) Saturday: 0.48x50=24 trips (50% entering, 50% exiting) Saturday Peak hour: 0. 5x50=3 trips (47% entering, 53% exiting) Sunday: 0.26x50=13 trips (50% entering, 50% exiting) Sunday Peak hour: 0.04x50=2 trips (48% entering, 52% exiting) D. SEWAGE CONVEYANCE AND TREATMENT The site is not within the limits of the Frederick County Sewer and Water Service Area. There are no public sewerage facilities serving the immediate area. These parcels and the adjacent parcels are served by individual, private, on -site sewage disposal systems. The Berlin Steel facility is served by a pretreatment and discharging system. This system is monitored yearly by the Virginia Department of Environmental Quality under Permit No. VAG 408427. The maximum treatment volume attributed to the disposal system is 1000 gallons per day. It is not anticipated that the proposed rezoning will result in additional sewage treatment. E. WATER SUPPLY The site receives domestic and fire flow from Frederick Water. The water demand is essentially limited by the sewage treatment capacity. It is not anticipated that the proposed rezoning will result in additional water demand. F. DRAINAGE An increase is stormwater runoff can be expected with any development on the property. Stormwater management will be provided in accordance with the Frederick County Code, Chapter 165 and Chapter 143. With the development of this site a storm water management system would be implemented to control any added flow created by the new impervious areas. 4 IMPACT ANALYSIS* ATEMENT • PARCEL ID 87 ((A)) 12 & 86-A-179C G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located approximately four miles south and east of the site on Route 522. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately one pound of solid waste per employee per day that will be transported to the landfill. The anticipated maximum number of employees is 50, including field erectors. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that the annual cost in tipping fees will be about $325. H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest known battlefield is the site of the Second Battle of Kernstown located approximately four miles to the northwest. The Rural Landmarks Survey Report lists several structures within approximately one mile of the site, which were inventoried due to the age of the structures, but these are not considered architecturally or historically significant sites. Please refer to Exhibit 3. A copy of the Civil War Battlefields and Sites map has been included on the following pages. The subject parcels do not lie on any Civil War Battlefield sites. Please refer to Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Stephens City Fire and Rescue Station 11 located approximately three miles to the west of the property in Stephens City. No additional fire 5 IMPACT ANALYSIATEMENT • PARCEL ID 87 ((A)) 12 & 86-A-179C and rescue facilities will be required for the area proposed to be rezoned. The owner recognizes the importance of emergency services and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning, a boundary line adjustment between TM#86-A-179C and TM#87-A-12 will occur and the 10 acres area on Lot 179C will be consolidated with Lot 12. Consolidation will eliminate interior lot lines. Existing access easements will be maintained. 0 IMPACT ANALYSIS ATEMENT • PARCEL ID 87 ((A)) 12 & 86-A-179C APPENDIX EXHIBIT 1A PROPERTY MAP EXHIBIT 1B METES &BOUNDS MAP EXHIBIT 2 TOPOGRAPHIC MAP EXHIBIT 3 HISTORIC STRUCTURES MAP EXHIBIT 4 CIVIL WAR BATTLEFIELDS MAP EXHIBIT 5 PROPERTY DEEDS 86—A-179A 1.00 ACRES — ZONED: RA USE: RESIDENTIAL h/ 86—A-179 34 ACRES d� h ZONED: RA O USE: VACANT ? 86—A-179E —1 1.1046 ACRES ZONED: RA SE: RESIDENTIAL\ T'. 500 0 500 Scale in Feet S83'35'00'E 133.04' RpU `2�7 6.58 ACRES ZONED: RA p7/rF USE: CHURCH \ \ IN, If 87—A-12C XU6.41 ACRES ZONED: RA SE: RESIDENTIAL \ 87—A-12D \ 13.29 ACRES \ „ ZONED: RA USE: RESIDENTIAL 87—A-12 ACRES ZONED: M—i USE: INDUSTRIAL 87—A-12F S54-2 1582'2.793'E '�D --- S54'22'26'E 86—A-179C — 6.00' 8 g ti 7.09 ACRES y N84'14'57NV , ZONED: RA SE: RESIDEN' °� �T• a. .� Ex. zo' � \ N� DRAINAGE \ = EASMENT N5T 18'OS'Yj 132.76 87—A-12E c3 28.459 ACRES \ ZONED: RA \ USE: VACANT K 7 \ 86—A-218 \ 94 ACRES ZONED: RA \ USE: VACANT \ 2.00 ACRES \ -- ZONED: RA USE: RESIDENTIAL \ 87—A-12 - 5.3933 ACRES ZONED: h EXISTING ZONING LINE RA s*� \USE: VACANT o^ry Jgz'--'ti~ "'j \.- ? PROPOSED REZONING UMf1S AREA TO BE REZONED=15.3933 ACRES 10 ACRES ON TM86—A-179C 5.3933 ACRES ON TM87—A-12 87—A-13 30.96 ACRES ZONED: RA USE: RESIDENTIAL PAINTER-LEWIS, P.L.C. PROJECT: SU NARVEY: C.I.: RIDINGS PROPERTY 2 817 Cedar Creek Grade, Suite 120 BERLIN STEEL PROPERTY DRAWN BY: JOB No.:.: Winchester, Virginia 22601 FREDERICK COUNTY VA. P_L 1902002 Telephone (540)662-5792 PROPERTY MAP SCALE: DATE: CONSULTING Facsimile (540)662-5793 SHOWN 4/11/19 ENGINEERS Email office®painterlewis.com ____ SHEET: EXHIBIT 1 A SS6. os, —CP h� S1 87—A-12 'I- - 5.3933 ACRES / ZONED: RA Ssgg� USE: VACANT �A o� F\ _ 6' 8S3 300 0 30( / Scale in Feet 39 �%A-179 - 10.00 AC S - ZONE D -A USE: R \O 7 l � 8OS — 809 86—A-179C Bo 7.09°ACRES �\ZONED: RA / \USE: RESIDENTIAX Al \\ VA �ry PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 ram Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email office®painterlewis.com N32' 41 '54"E 101.34' JECT: URVEY: RIDINGS PROPERTY A 20 BERUN STEEL PROPERTY [DRAWNBY: JOB N COUNTY, VA. -��so2oo2 0FREDERICK AREAS TO BE REZONED HOWN 4/1 DATE: s METES & BOUNDS MAP SHEET: EXHIBIT 1 B r-I u r.� 1000 0 100( ,Scale in Feet b ,- ry . I I PAINTER-LEWIS, P.L.C. PROJECT: 817 Cedar Creek Grade, Suite 120 RIDINGS PROPERTY RERUN STEEL PROPERTY ARVEY: AWN BY: 20' ,SOB NO.: Winchester, Virginia 22601 FREDERICK COUNTY. VA TY P_L 1e02002 Telephone (540)662-5792 TOPOGRAPHY sc ALE: DATE: Facsimile CONSULTING (540)662-5793 sHOM 4 /4/19 ENGINEERS Email off iceOpointerlewis.com EET uses C/) ............ �co m m Coco � ;o rn N 5or.. �C-DO 4om i� 10 D I -) r D D c a R m x m x ED -I A L fD O (+ m �D O O 2 n oMWftd & 2019 0 0 0 Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernstown Sites (Fortifications) 10 Parkins Mill Battery 111864 Winter Line 12 Carriesbrooke Redoubt 13 Hillandale Works 1419th Corps Entrenchments 15Star Fort 16 Fort Collier 17 Zig-Zag Trenches Civil War Sites �: r-1 Civil War Battlefields Renolds Store Cross Junction Gainesboro Gore OShawneeland O Star Tan ry N 14 00.51 2 3 4 5 6 l 1 I 1 I I I Miles 7 Civil War Battlefields 11-1 & Sites (As Defined by the NPS Shenandoah Valley Civil War Sites Study) Clear Brook 0 Stephenson Abin .: 3 O 037 6 Round a 522 . Hill +•15�1s� Winchester �• 7 ttZ 522 0 4�GK COL �a 2030 Comprehensive Plan w Adopted July 14, 2011 wro me • • VIRGINIA DEPARTMENT OF TRANSPORTATION COMMERCIAL ENTRANCE DESIGN General Project Information Enter a value for all input cells Project Name: 113erlin Steel County: Frederick —� Reviewer: I Date: 7/9/2019 XVOOT Adacent Road Name: Route 277 , Number of Lanes: 2 Posted Speed: 45 mph * Classification: I Minor Rural Arterial AADT: 8500 VPD D: 0.626 k: 0.093 enter N/A if foctors ore unknown *Use Design Speed if available Generated Trips: 151 PD %Trucks in Entrance: =% Right In: 1 11 VPH Advancing Volume: 495 VPH Left In: 1 10 VPH 2% Opposing Volume: 495 VPH'* **Also used as Approaching Volume for Rt. Turns Entrance Criteria_ Entrance is a Standard Commercial Entrance Entrance Type: IFull Access Entrance Minimum Spacing: 470 ft SDL: 530 ft SDR: 565 ft Left Turn Lane Warrant: Advancing Volume >_ 427 VPH Left Turn Lane Required with 200' taper Right Turn Taper Warrant: Rt. Turn Volume >_ 21 VPH No Taper Required Right Turn Lane Warrant: Rt. Turn Volume Warrant for Left -Turn Storage Lane 2-Lane Highway 800 a 700 600 r = E500 3 400 Z c j 300 � c 200 W c I J � 54 VPH -S=100' -S=125' S=150' 5=175' 5=200' - S=250' No Right Turn Lane Required Warrants for Right Turn Treatments 2-Lane Highway 120 - - za 100 t > 80 _ E 60 .; r 40 t -� i pper T rn Lane N 100 a t' o0 2 c O f-- - t- -- 00 a 0 .z 3 — T- - S=300' GC O 0 200 400 600 800 1000 1200 0 200 400 600 800 Advancing Volume, VPH Approach Total, VPH 1. The minimum warranted left turn lane length shall be 100' for speeds 5 40 mph and 200' for speeds >_ 4S mph 2. Left turn lanes with high truck volume shall be increased as calculated and tabulated below: Left Turn Storage Length Increase Required for Truck Ratio (in Feet) S = 100' S = 125' S = 150' S = 175' S = 200' S = 250' S = 300' 0 0 0 0 0 1 0 0 on f� n �J 4 6 315 Tasker Road Stephens City, Virginia 22655 May 15, 2019 John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 UVAIai`w R. PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater.coni RE: Rezoning Application Comment Berlin Steel Rezoning Application Tax Map Number: 86-A-179C and 86-A-12 1S.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. 511'!i uh ANNIVERSARY Water At Your Service AJ�i� k t P Z Page 2 Berlin Steel rezoning application John Lewis May 15, 2019 Facilities for conveyance of water to the subject properties do presently 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. Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department Dick Helm, Frederick -Winchester Service Authority Frederick Water Board of Directors 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. WTO From: Rod Williams Sent: Wednesday, May 29, 2019 1:40 PM To: office L@ painterlewis.com 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://www.fcva.us/home/showdocurnent?id=1022, the use of which I 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 iwillia a(D.fcva.us From: Rod Williams Sent: Tuesday, May 7, 2019 9:42 AM To: office Ppainterlewis.com Cc: Candice Perkins <cperkins(@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(c�fcva.us REZONING APPLICATION FORM FREDLRICK COUNTY, VIRGINIA To be completed by Planning Staff Fce Amount Paid $ 1 j i ; C �1 Zoning Amendment Number Date Received (t c) PC Hearing Date 1c I i 4 trl BOS Hearing Date t i The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Painter -Lewis, P.L.C. Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 2. Property Owner (if different than above): Telephone: 540-662-5792 Name: Dennis Ridings Telephone: 540-974-1523 Address: 280 Ridings Lane White Post, VA 22663 3. Contact person if other than above: Name: John Lewis Telephone: 540-662-5792 4. Property Information: a. Property Identification Number(s): 86-A-179C b. Total acreage to be rezoned: 10.00 C. Total acreage of the parcels) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 17.09 d. Current zoning designation(s) and acreage(s) in each designation: RA -rural agricultural e. Proposed zoning designation(s) and acreage(s) in each designation: M1-light industrial district f. Magisterial District(s): Opequon 12 5. Checklist: Check the following items that have been included with this application. Location map _ ✓ Agency Comments ✓ _ Plat ✓ _ Pees Y/ Deed to property _ ✓ _ Impact Analysis Statement Y/ _ Verification of taxes paid _ r/ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pelf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Beverly S. Ridings 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 87-A-12E vacant RA 86-A-179E residential RA 86-A-179 vacant RA 86-A-179A residential RA 87-A-12 industrial M1 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located at 280 Ridings Lane which intersects Route 277 about 3200 feet east of Hudson Hollow Road. 13 0 P 9. The following information should be provided according to the type of rezouiug proposed: Number of Units Proposed Single Family homes: TOWI711O111e: Non -Residential Lots: Mobile Home Multi -Family: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (Nve), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes, I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s):� 14 Date: — Iq -Ii Date: Date: *b-�D Date: 9. The following information s1locdd be provided Iccordiug to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Foota e of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warchouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (Nve) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Date: Owner(s): 6 ze�, u4Date: i4-1 Date: 14 0 • ADJOINING PROPERTY OWNERS OV'llcl's of property adjoining the land Nvill be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of=way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. FNanie,incl Property Identification Number Address Name Berlin Real Estate Inc PO Box 428 Berlin, CT 6037 0428 Property # 87-A-12 y C Carlson ENameE86 1312 Fairfax Pike-A-179White Post, VA 22663 1805 Nan„eMary F Ridings 260 Ridings Lane White Post, VA 22663 Property #86-A-1 79E Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property #87-A-12E NameShirley C Carlson 1312 Fairfax Lane White Post, VA 22663 Property # 86-A-179A Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property # 86-A-179D Name Property tl Name Property # Name Property # 15 REZONING APPLICATION NORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.' Zoning Amendment Number PC Hearing Date Pec Amount Paid $ Date Received _ BOS Hearing Date_ The following infw-mation .shall be pml,ided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Painter -Lewis, P.L.C. Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 2. Property, Owner (if different than above): Name: Berlin Steel Real Estate Inc Address: PO Box 428 Berlin, CT 6037 0428 3. Contact person if other than above: Name: John Lewis Telephone: 540-662-5792 Telephone: 860-828-2538 Telephone: 540-662-5792 4. Property Information: a. Property Identification Number(s): 86-A-12 b. Total acreage to be rezoned: 5.3933 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 23.34 d. Current zoning designation(s) and acreage(s) in each designation: RA -rural agricultural e. Proposed zoning designation(s) and acreage(s) in each designation: M1-light industrial district f. Magisterial District(s): Opequon 12 5. Checklist: Cllcek the follOWillg ileitis that have been ilICIudcd lvlth this application. Location map _ ✓ Agency Comments ✓ Plat ✓ _ Fecs _ Y/ Dccd to property _ ✓ _ Impact Analysis Statement V/ _ Verification of taxes paid _ ✓ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district _' Digital copies (pdi's) of all submitted documents, maps and exhibits Y/ G. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list beloNv all owners or parties in interest ofthe land to be rezoned: 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 86-A-179C residential RA 86-A-179D church RA 86-A-13 residential RA 87-A-12F residential RA 87-A-12E vacant RA 87-A-12D &87-A-12C residential RA 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The properly is located at 201 Ridings Lane which intersects Route 277 about 3200 feet east of Hudson Hollow Road. 13 0 • o 9. The following information should be provided according to the type of rezonietg proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family; Non -Residential Lots: Mobile Home; Hotel Rooms: Square Footage of Proposed Uses Office: SS Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial; Other: 10. Signature: 1 (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. 1 (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant( s ; d� / Date: Owner(s): 14 Date: Date: Y' ®I/ Date: ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. 1�or the purpose of' this application, adjoining property is any property abutting the requested property oil the side or rear or any property directly across a public right-of-way, a private right-of-way, or ,i watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained G-om the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick Count}) Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Dennis Ridings 280 Ridings Lane White Post, VA 22663 Property #86-A-179C Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property # 86-A-179D NameAmanda D Calhoun 1450 Fairfax Pike White Post, VA 22663 Property #87-A-12C Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property # 8 7 -A- 12 E NameShirley C Carlson 1312 Fairfax Pike White Post, VA 22663 Property#86-A-179A Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property # 86-A-179D Name Gary Arghyris Barbara Pierce 1518 Fairfax Pike White Post, VA 22663 Properly # 87-A-12D Name Lori Brian Hazelwood 1500 Fairfax Pike White Post, VA 22663 Property # 87-A-12F Name Properly #t 15 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us ww i Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Dennis L. Ridings Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 280 Ridings Lane, White Post, VA 22663 540-974-1523 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: #86-A-179C do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Attomey-In-Fact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540-662-5792 Matlmg Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to o er proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behalf of an enii ) State of V \ (Cn � . C� County/City of l-"; C ( o �, � \ , To wit: �LI ZLC a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument j ally appeared before me and has acknowledged the s before me in the jurisdiction afores sP;. ;/ C 20J_ `q n MY �n y Gommission Expires: 140tary Public COMMISSION Megistt.ation Number: n : NUMBER ' 7532024 �., Y. COG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Beverlev Ridinas Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 280 Ridings Lane White Post, VA 22663 540-974-1523 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: #86-A-179C do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Attorney -In -Fact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540-662-5792 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: 0 Rezoning Subdivision e Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behal f an entity) State of Aft (71 n ,< i , County/City of cc-- C C Y, , To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrLyimtfP�lCtaq�ally appeared before me and has acknowledged the sage before me in the jurisdiction afo �;� .�, t 0Y of t (A t , 201a. NIS Commission Expires: Nota ry Public StoN ' CpM MBAR ; Wegistration Number: q 320 nO• 15 2q ��eeo�e 0 101 Special Li>iuifed P'Gwer of Atfornq County of Frederick, Virgfelia, a Flrede>i i& Planning INiehsitee dvavw.fcN,,j.us '4 Diu Department of Planning & Development, County of Frederick, Virginia. 107 North Kent Sheet, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Berlin Steel Real Estate, Inc. Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. P. O. Box 428 Bedln CT 6037 0428 860-8283531 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: ##87-A-12 do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Attorney -In -Fact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Malting Address of Attorney -In -Fact 540.662-5792 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or zoning .appeal and, further, my attorney -in -fact shall have the authority to of er proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This ap ntment shall expire one year from the day that it is signed, or at such sooner time as I otherwi •escid of m �✓/)))yyy���JJJ �P it. Signature t) r Title (if signing m half an ntity)_�/!1 State of —Can , County/City of U r ' f -,ro- d To wit: 1, 4 6` r en un(R lj �� �, otary Public in and for the jurisdiction aforesaid, certify that the person who signed the r6regoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2 z^d day of 20J s j=J - My Commission Expires:. �? � �J Notary Publi Registration Number: Karen Nemergut Simeone Notary Public -Connecticut My omtnission Euptres Fobruary29,2024 0 REZONING APPLICATION #03-19 41Gq C0� BERLIN STEEL ESTATE INC. Staff' Report for the Planning Commission w Prepared: October 4, 2019 w Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director me Reviewed Action Planning Commission: 10/16/19 Pending Board of Supervisors: 1 1/13/19 Pending PROPOSAL: To rezone 15.3933-1-/- acres from the RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers. LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/16/19 PLANNING COMMISSION MEETING: This is an application to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers. The site is located within the limits of the Southern Frederick Land Use Plan of the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed M 1 Zoning is generally consistent with the Southern Frederick Land Use Plan as it relates to this area. These properties are not located within the limits of the Sewer and Water Service Area (SWSA). The Comprehensive Plan states that it is expected that the land uses within the UDA and SWSA will be served by public water and sewer. However, as this site is contiguous to existing M I Zoning and is intended to facilitate an expansion to an existing business (Berlin Steel), this request to rezone property outside ofthe SWSA may be appropriate. The proffers associated with this rezoning request are as follows; Staff' has provided comments regarding concerns associated Nvith this request: Proffer Statement — Dated May 16, 2019: 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M 1 Zoning. 2. Monetary Contribution — The owner will donate $1,000 for impacts to fire and rescue services. Staff Comments: The Applicant has not addressed VDOT's comment.for a tm-n lame. Stuff ivould mote that the Southern Frederick Land Use Plan shows a neiv mirror collector roadivig planned through this time. It is noted that this is a planned roadway and not designed at this time and the location may be subject to future nrodifrcations. The Applicant has not adth-essed this road~(q in their rezoning application. A recommendation regar'dinQ this rezoning application to the Board of'Snpervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. • Rezoning1/03-19 Berlin Steel Estate Inc. October 4, 2019 Page 2 This report is prepared ley the Frederick Corrnty Planning Staffto to provide in fornnation to the Planning Commission and the Board of'Srpervisors to assist them in )raking a decision on this application. It m(y also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff'where )there relevant throughout this Staff rc'p01't. Reviewed Action Planning Commission: 10/16/19 Pending Board of Supervisors: 1 1/13/19 Pending PROPOSAL: To rezone 15.3933+/- acres from the RA (Rural Areas) District to the M i (Light Industrial) District with proffers. LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277. MAGISTERIAL DISTRICT: Opeduon PROPERTY ID NUMBERS: 86-A-179C and 87-A-12 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M I (Light Industrial) East: RA (Rural Areas) East: RA (Rural Areas) Use: Berlin Steel — Industrial Use: Residential/Agricultural Use: Residential/Agricultural West: RA (Rural Areas) Use: Vacant/Agricultural Rezoning 1/03-19 Berlin Steel Estate Inc. October 4, 2019 Page 3 REVIENN' EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the rezoning application for Berlin Steel and Ridings to rezone a total of 15.3933 acres from RA to M 1 for the use of nlctal fabrication business. We have also reviewed a turn lane warrant analysis associated with this rezoning. The Will lane analysis indicated needs for turn lane in the future, however, the proffer statement does not include mitigation to oll'set future turn lane and intersection needs. Frederick County Transportation: County Staff concurs with VDOT regarding the need for a Will lane at the entrance per the requested expanded use in the I•Clollillg, however I would note that the proffer statement does not include accoininodatioll for this expected Impact oil the transportation network. Frederick-NVincliester Health Department: The Frederick County Health Department has no objection to the proposed zoning changes from RA to M 1 since this change does not affect any proposed or existing wells or septic systems on the properties. Frederick «'ater: Please see letlei- i•oni Eric R. Lali,i-eice, AICP, Executive Director (la led HaY 15, 2019. Frederick County Department of Public NN'orks: In the Impact Analysis Statement, Section F- Drainage also reference Chapter 143 of County Code — Storniwater/Erosion and Sediment Control Ordinance comprehensive review will occur at the time of site plan submission. Frederick County Fire Marshall: Plan approved. County of Frederick Attornev: Please see email ftom Roderick B. I'Villiams, County Attorney dale(/ August 28, 2019. Planning & Zonintz: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for both parcels as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. ''.The adjacent Berlin Steel property was rezoned in 1983 and 2001. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's Rezoning 1103-19 Berlin Steel Estate Inc. October 4, 2019 Page 4 guide for making decisions regarding dcvelOpnlcnt, preservati011, public Cacilities and other key CO111pOl1ClltS Of C011llllllillty lifC. The primary goal ol'this plan is to protect and improve the living environment within FrcdCriCk County. It is in essence a COl11pOSlt1011 01'1)0liClCS used to plan for the fLlllll'C physical development of Frederick County. The Area Plans, Appendix I o1'the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of'the County. Land Use The site is located within the limits of the Southern Frederick Land Use Plan of the 2035 Colllpl'ChCllslvc Plan and depicts the subject properties with an industrial land use deslgllatioll. The proposed M i Zoning Is generally consistent with the Southern Frederick Land Use Plan as it relates to this area. Stall'\V011ld note that these properties are not located within the limits of the Sewer and Water Service Area (SWSA). -misportation Tile site is accessed via an existing commercial entrance (Ridings Lane) that intersects with Fairfax Pike (Route 277). No improvements are proposed by the Applicant. VDOT stated in then' C0111111CI1t that tile turn lane analysis indicated needs 101' a tu1'11 lane ill the f Itlll'e, however, the proffer statement does include mitigation to offset flltul'C turn lane and intersection needs. County transportation Staff notes that they concur \vlth the deed for the turn lane, and further notes that the Applicant has not addressed this impact of'the rezoning in their proffer statement. Stall would Ilote that the Southern Frederick Land Use Plan shows a new minor collector roadway planned through this site. It is noted that this is a planned roadway and not designed at this time and the location may be subject to future modifications. The Applicant has not addressed this roadway in their rezoning application. Eni,ironmental Parcel 86-A-179C contains all approximately three -acre pond, there are no floodplains or wetlands as stated in the Applicant's impact statement. The site does contain sore steep slopes that are identified eastern portion of the site. Woodlands generally cover parcel 87-A-12 and the southern and eastern portion of 86-A-179C. The Applicant proposes to clear much of the woodlands with the development of the site. This site is not within the limits of the Sewer and Water Service Area (SWSA) and therefore is served via a private onsite sewage disposal system. This system is monitored by the Virginia Department of Environmental Quality. Rezoning 1103-19 Berlin Steel Estate Inc. October 4, 2019 Page 5 3) Proffer Statement — Dated May 16, 2019: The land and any improvements thereto Will be expressly Used fora metal fabrication busilless as permitted under the M 1 Zoning. Monetary Contribution — The owner Will donate $1,000 for impacts to fire and rescue services. A recommendation regarding this rezoning application to the Board of'Supervisors would be appropriate. The Applicant should be prepared to adequatelt, address all concerns raised by the Planninti Cominissiom Application �J Parcels Mt (Light Industrial District) 0 410 820 Feet Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: September 16, 2019 Areas to be Rezoned S Parcels ation Pls Parcels 0 205 410 820 Feet Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: September 16, 2019 REZ # 03 - 19: Berlin Steel Real Estate, Inc. PINS: 86 - A - 179C, 87 - A - 12 Rezoning from RA to Ml Long Range land Use Map Areas to be Rezoned P Application Parcels E,,st�nn Road Plan �` ♦ New MajorAnenal ♦/ Improved Major Arterial 0 ` ♦ New Minor Arierral Improved Minor Arterial New Major Collector Improved Major Collector 1` A New Minor Collector 0"1*� Improved Minor Collector Ramp Roundabout Trails Long Range Land Use Residential Neighborhood Village Urban Center • Mobile Home Community O Business Highway Commercial Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office • Industrial Warehouse Heavy Industrial Q Extractive Mining Commercial Rec i�j Rural Community Center Fite 8 Rescue - Sensitive Natural Areas ® Institutional - Planned Unit Development 4M Park Recreation �O) School 1 Employment OAirport Support Area B2/B3 Q Residential. 4 u/a Q High -Density Residential, 6 u/a O High -Density Residential, 12-16 u/a 0 Rural Area Interstate Buller Landfill Support Area Natural Resources & Recreation ® Environmental & Recreational Resources - fIKE FA1RfA•.., X fA�RfAX uts fact PIKE - I :IAL'IMS PIKE C6 A t 7'9C 270 RIDINGS'LN t4 6MAX ►AKE (D61D $? A 12 I 0 312.5 625 1,250 Feet �Q �RRIGHUTblI 7 \ /*W 277 EEDNR IN `/ � ` N we S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: September 16, 2019 11 PROFFER STATEMENT Dennis and Beverly Ridings 280 Ridings Lane White Post, VA 22663 Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Real Estate, Inc. '201 Ridings Lane White Past, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres PARCEL ID: 87-A-12 Opequon Magisterial District May 16, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1902002 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 5.3933 acres on Parcel #87-A-12 and 10 acres on Parcel #86-A-179C from RA to M1, development of this particular 15.3933 acres along with the existing 17.9467 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document. See the attached "AREAS TO BE REZONED METES & BOUNDS MAP". These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. Monetary Contribution to Frederick County Service Organizations The owners of Parcel #87-A-12 and Parcel #86-A-179C will donate or will cause to be donated to the Frederick County the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the approval of the next site plan for any expansion of the operations of any facility or structure onto these subject lands. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns and successors in the interest of the owners. In the event that the Frederick Country Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. E PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Submitted By: Mr. Dennis Ridings Dennis Ridings Date: Nl-j Ici STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this AI IcIIby Dennis Ridings. ci S day of '� My commission expires on �) �/ %� ,\leltolJre q /\` F VANS �Y'P`'e�i Notary Public MY ., NUMSION BER �.� '• 7532024 ; �6 �X' Submitted By: �'1'��'EALTN�� ''JJpllilllt\►\. Mrs. Beverley Ridings Beverley Ridi s Date: 1 S STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: Th/foregoing instrument was acknowledged before me this %-S) day by Dennis Ridings. My commission expires on �� SL�C� `p010JIsrrJ q VgNS r�o� Notary Public MY �n ;::1:\1N1ISSION duMBER Z 7532024 • �� ' I�AL " ''rJ 9l Ii111\\ of • 0 PROF STATEMENT PARCEL_ ID 87 ((A)) 12 & 86-A-179C Submitted By: Berlin Steel Real test,3te, I r Signature Title Date:___ STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this 2 Z day of �-kv by My commission expires on I cl Notary PLIb1ic- Karen Nemergut Simeone i Notary Public•Connucticut 1I My Commission Expires February29,2024 • A) h- '86—A-179 - 10.00 AC S - ZONED RA E: R IDENTIAL 09 i 86—A-179C 7.009°ACRES ��h \ ZONED: RA / `O USE: RESIDENTIAX� \\ .ate \\ Nsv /ry • 300 0 300 ELM Scale in Feet I � 1 ss6. .fig F 87—A-12 og' 5.3933 ACRES / S�— ZONED: RA �R? USE: VACANT o^ rA / N32'41'54"E 101.34' IN. PROJECT: SURVEY - POW PAINTER-LEWIS, y P.L.C. RIDINGS PROPERTY A 20 817 Cedar Creek Grade, Suite 120 DRAYM BY: JOB NO.: Winchester, Virginia 22601 BERItN STEEL PROPERTY P_L 1902002 FAMTelephone (540)662-5792 ��>ERICK COUNTY, 1�A. SCALE: DATE CONSULTING Facsimile (540)662-5793 AREAS TO BE REZONED SHOWN 4/17/19 METES & BOUNDS MAP SHEET: ENGINEERS Email office0painterlewis.com ���� EXHIBIT 18 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on February 21 2001 BOARD OF SUPERVISORS: Approved April.] 14.2001 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #102-01 OF IRONGATE, INC. WHEREAS, Rezoning #02-01 of Irongate, Inc., was submitted by Painter -Lewis. P.L..C., to rezone a 14.43-acre portion of a 48.26-acre tract from RA (Rural Areas) to MI (Light Industrial). This property is located on the south side of Fairfax Pike (Route 277), approximately 1 '/4 miles west of the Clarke County line acid is identified with Property Identification Number 87-A-12 in the Opequon Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on February 21. 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 11, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with die Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by die Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change a 14.43-acre portion of a 48.26-acre tract from RA (Rural Areas) to M1 (Light Industrial) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 405.01 • This ordinance shall be in effect on the date of adoption. Passed this 1 I th day of April, 2001 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye W. Hanington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST John Zley, Jr. Frederick County Administrator PDRo". 1/05-0 I 1I'.,\grnJ u(('UAf VIIiN'IS11IlaONIN(ilklitiOLI:TNlln+nl;olc. Inc kL'S,,I+J 9 • PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 87 ((A)) 12 Opequon Magisterial District Frederick County, Virginia February 6, 2001 Prepared for: Mr. Dennis Ridings IRONGATE, INC. 201 Ridings Lane White Post, Virginia 22663 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@mnsinc.com Job Number: 9902014 0 • PROFFER STATEMENT PARCEL ID 87 ((A)) 12 INTRODUCTION The subject parcel contains 49.69 acres, Currently 48.2.6 acres are zoned RA and 1.43 acres are zoned M-1. Adjacent property is zoned RA. The owner desires to rezone an additional 14.43 acres within the parcel to M-1. The intended purpose for the rezoning would be to allow the expansion of the existing metal fabrication business of Irongate, Inc. The owner is willing to proffer a limit on the type of use permitted on the proposed M1 zone. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application 1E 02-01 for the rezoning of 14.43 acres on Parcel 87-((A))-12 from RA to M1, development of this particular 14.43 along with the existing 1.43 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. 2. The owner shall enter into a common shared buffer and screening easement agreement between properties identified as Tax Map 87-A-12 and 86-A-179C to satisfy the requirements of Section 165-37D(4) of the Frederick County Zoning Ordinance. 'this buffer shall incorporate a minimum buffer between the two parcels of 400 feet. The common shared buffer and screening easement agreement shall be executed prior to the issuance of a building permit for improvements on parcel 87-A-12. Monetary Contribution to Frederick County Service Organizations The owner of Parcel 87-((A))-12 will donate or will cause to be donated to the Stephens City Fire and Rescue Company No. 11 the sum of $1000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner_ In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. PROFFER STATEMENT PARCEL ID 87 ((A)) 12 Submitted By: Mr. Dennis Ridings 1 - r Dennis Ridings STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing im Fe- 6ruur.r• cPo0/ t was acknowledged Dennis Ridings. My commission expires on Fxniraft Date July 31 Poo YJ)/ Notary Public Ridings Property 280 Ridings Lane White Post, VA 22663, Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Reif F�t af:e 'fir %,Fj or ty 261, R-Ldings L,--Ine White Past, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres PARCEL ID: 87-A-12 Opoquon Magisterial District August 13, 2019 Prepared by: PAM F-R-LE IS, P.L.G. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1902002 • 0 IMPACT ANALYSIS ATEMENT PARCEL 1D 87 ((A)) 12 & 86-A-179C section IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS .f.L i. INTRODUCTION 2 A. SITE SUITABILITY 2 B. _ SURROUNDING PROPERTIES 3 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE . 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. LOT CONSOLIDATION 6 • IMPACT ANALYSIS ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C L INTRODUCTION Berlin Steel is a steel fabrication facility located on a 23.34 acre lot which contains 17.9467 acres zoned M1-Light Industrial District and 5.3933 acres zoned RA -Rural Agricultural District. Adjacent to the Berlin Steel lot is the Ridings lot which contains 17.0915 acres zoned RA. Under this rezoning application, Berlin Steel proposes to rezone the 5.3933 acres remainder of Parcel #87-A-12 from RA to M1 and Ridings proposes to rezone 10 acres of Parcel #86-A-179 from RA to M1. It is anticipated that with a successful rezoning, Berlin Steel will acquire the 10 acres from Ridings. Please refer to Exhibit 1 for a property overview map and Exhibit 2 for a metes and bounds illustration of the areas to be rezoned. Parcel #87-A-12 was the subject of a rezoning in 2001 when 14.43 acres of the parcel was rezoned from RA to M1 with proffers. These same proffers will be applied to the proposed areas of rezoning. A. SITE SUITABILITY The subject parcels are located on Ridings Lane which intersects Route 277 about 3,200 feet east of Hudson Hollow Road. This site is suited for rezoning to the Light Industrial District. The Eastern Frederick County Long Range Land Use Plan designates these parcels as "Industrial". The parcels are within the Sewer and Water Service Area. Public water serves the current site of Berlin Steel. There is no public sanitary sewer service. The current operation of Berlin Steel is adequately served by an on -site sewage disposal system. The proposed rezoning of 15 acres will not require an increase in sanitary sewer disposal capacity. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0200 B shows the subject area to be outside of any flood hazard zone. WETLANDS No jurisdictional wetlands have been identified on this site. Parcel #86-A-179C contains a 3+/- acre pond that was constructed in the 1970s. The pond is located in an uplands area with no perennial stream connection to other waters. STEEP SLOPES The properties generally slope toward an intermittent tributary to Crooked Run. Slopes increase in severity as they approach this intermittent tributary. Slopes which approach 25% can be found on the eastern portion of the site near the tributary. MATURE WOODLANDS Mature woodlands generally cover the land to be rezoned on Parcel #87-A-12. Mature woodlands are located generally along the southern and eastern portions of Parcel #86- n f�J IMPACT ANALYSIS ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C A-179A. Much of these woodlands would be cleared to allow the development of usable areas on the parcels. Typically, the woodlands located at the perimeters of the parcels, that is, along the boundaries would remain untouched to serve as visual screening to adjacent lands. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: Zoar silt loam (44B), Weikert-Berks channery silt loam (41 C), and Berks channery silt loam (113). These soils are generally shallow to moderately deep and formed from weathered shale or sandstone. The unified soils classifications are GM, ML, and SM. Weathered bedrock can be expected at relatively shallow depths around 30 inches below the ground surface. B. SURROUNDING PROPERTIES The property to be rezoned is surrounded by residential and vacant properties which are zoned RA. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 86-A-179 Carlson, ShirleyC RA Vacant 86-A-179E Ridings, MnF RA Residential 87-A-12E Four Winds Land Holdings LLC RA Vacant 86-A-479D Liberty Baptist Church RA Church 86-A-12C Calhoun, Amanda D RA Residential 87-A-179A Carlson, Shirle C RA Residential 87-A-12D ArghYris, Gary & Pierce, Barbara RA Residential 87-A-12F Hazelwood, Lori Brian RA Residential Development of the proposed areas to be rezoned will create the requirement for buffers and landscaping along adjacent properties in accordance with Section 165- 203.01 of the Frederick County Zoning Ordinance. Adjacent parcels are zoned RA. Those parcels used primarily for residential purposes would require a Category C buffer. Existing, mature woodlands would typically be reserved within the inactive portion of the buffers to provide at least a portion of the landscaping requirement. C. TRAFFIC Access to the parcels is via Ridings Lane from Route 277, a Minor Arterial Road. According to figures from the Virginia Department of Transportation, the traffic on route 277 at this location is 8500 vehicles per day. Ridings Lane provides access to Parcels #86-A-179E, #86-A-179C, and #87-A-12. The access has been designed to provide adequate space for existing and anticipated traffic including truck traffic associated with the current Berlin Steel facility. Berlin Steel currently has 34 on -site employees. 3 IMPACT ANALYSIS . ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Traffic generation estimates for Berlin Steel can be made using the ITE Trip Generation Manual, 9t" Edition, Volume 2. Trip estimates are based on a future projected, maximum employee count of 50. The estimates are shown below. TRAFFIC IMPACT: DATA SOURCE: ITE TRIP GENERATION MANUAL-9'" EDITION -VOLUME 3 Land Use 110 General Light Industrial Trips based on number of employees: 50 employees Weekday: 3.02x50=151 trips (50% entering, 50% exiting) AM Peak Hour: 0.48x50=24 trips (87% entering, 13% exiting) PM Peak Hour: 0.51x50=26 trips (29% entering, 71% exiting) Saturday: 0.48x50=24 trips (50% entering, 50% exiting) Saturday Peak hour: 0. 5x50=3 trips (47% entering, 53% exiting) Sunday: 0.26x50=13 trips (50% entering, 50% exiting) Sunday Peak hour: 0.04x50=2 trips (48% entering, 52% exiting) D. SEWAGE CONVEYANCE AND TREATMENT The site is not within the limits of the Frederick County Sewer and Water Service Area. There are no public sewerage facilities serving the immediate area. These parcels and the adjacent parcels are served by individual, private, on -site sewage disposal systems. The Berlin Steel facility is served by a pretreatment and discharging system. This system is monitored yearly by the Virginia Department of Environmental Quality under Permit No. VAG 408427. The maximum treatment volume attributed to the disposal system is 1000 gallons per day. It is not anticipated that the proposed rezoning will result in additional sewage treatment. E. WATER SUPPLY The site receives domestic and fire flow from Frederick Water. The water demand is essentially limited by the sewage treatment capacity. It is not anticipated that the proposed rezoning will result in additional water demand. F. DRAINAGE An increase is stormwater runoff can be expected with any development on the property. Stormwater management will be provided in accordance with the Frederick County Code, Chapter 165 and Chapter 143. With the development of this site a storm water management system would be implemented to control any added flow created by the new impervious areas. 4 0 • IMPACT ANALYSIS. ATE�IIIENT PARCEL ID 87 ((A)) 12 & 86-A-179C G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located approximately four miles south and east of the site on Route 522. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately one pound of solid waste per employee per day that will be transported to the landfill. The anticipated maximum number of employees is 50, including field erectors. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that the annual cost in tipping fees will be about $325. H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest known battlefield is the site of the Second Battle of Kernstown located approximately four miles to the northwest. The Rural Landmarks Survey Report lists several structures within approximately one mile of the site, which were inventoried due to the age of the structures, but these are not considered architecturally or historically significant sites. Please refer to Exhibit 3. A copy of the Civil War Battlefields and Sites map has been included on the following pages. The subject parcels do not lie on any Civil War Battlefield sites. Please refer to Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCYSERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Stephens City Fire and Rescue Station 11 located approximately three miles to the west of the property in Stephens City. No additional fire 5 0 0 IMPACT ANALYSIS ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C and rescue facilities will be required for the area proposed to be rezoned. The owner recognizes the importance of emergency services and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning, a boundary line adjustment between TM#86-A-179C and TM#87-A-12 will occur and the 10 acres area on Lot 179C will be consolidated with Lot 12. Consolidation will eliminate interior lot lines. Existing access easements will be maintained. rV 9 • IMPACT ANALYSIS . ATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C EXI-IIBIT 1A PROPERTY MAP EXHIBIT 1 B & BOUNDS MAP EXHIBIT_2 _METES TOPOGRAPHIC MAP EXHIBIT 3 _ HISTORIC STRUCTURES MAP EXHIBIT 4 CIVIL WAR BATTLEFIELDS MAP EXHIBIT 5 PROPERTY DEEDS 7 B6-A-179E 1.1046 ACRES ZONED: RA SE: RESIDENTIAL 88-A-179A 1.00 ACRES — ZONED: RA USE: RESIDENTIAL 06-A-179 34 ACRES ZONED: RA USE: VACANT .Y o � - 0 NOTD1D N43.53' 13 S54.22.2e'E 6.DO' 500 0 500 Scole in Feet sa3.3s•oo`E t3.t.D4' �277 86-A-179D 8.'" ACRES p ZONED: RA 7�fF USE: CHURCH \ B7-A-12C 6.41 ACRES ZONED: RA USE: RESIDENIIA� \ d7-A-t2D \ 13.29 ACRES ZONED: RA USE: RESIDENTIAL 87-A-12 �4 ACRES ZONED: M-1 USE: INDUSTRIAL -/DB-A-179 -- -- 10.00 ACR� — -- — ` — ZONED,' RA - - --- - e'o�, . ..-SJSE: RFr11DENTIAL---- J - 87-A-12 _- 0 5.3933 ACRES _ 56-A-179C ZONED: RA - USE: VACANT-w- 7.09 -ACRES 18849 b s SE: ZONED: RA 41 RESIDENIly ° - IX. 20' DRQ.VCE k� usuENT NST118S2 7B 87-A-12E 2B.459 ACRES mN \ ZONED: RA \ USE: VACANT 86-A-218 \ 94 ACRES ZONED: RA USE: VACANT /^M fv ?y J B7-A-12F 2.00 ACRES \ ZONED: RA USE: RESIDENTIAL \ EXISTING ZONING LINE 3741'54'E 0134' PROPOSED REZONING LIMITS AREA TO BE REZONED=15.3933 ACRES 10 ACRES ON TM6B-A-179C 5.3933 ACRES ON TM67-A-12 87-A-13 30.90 ACRES ZONED: RA USE: RESIDENTIAL \ HNUULU I : SURVEY: C.I.: It PAINTER-LEWIS, P.L.C. RIDINGS PROPERTYNA 20' —==w---- 817 Cedar Creek Grade, Suite 120 RERUN STEEL PROPERTY DRAWN BY: JOB NO.: Winchester, Virginia 22601 FREDERICK COUNTY, VA. P—L 1902002 Telephone (540)6fi2-5792 PROPERTY MAP SCALE: SHOWN DATE: 4/11/19 CONSULTING Facsimile (540)662-5793 sHEE ENGINEERS Email office®painterlewis.com EXHIBIT 1 A / f Scale in Feet - 86-A-179 "S 10.00 AC S -� ZONED- RA — SS USE: R IDENTIAL - sob, o � � 809 87-A-12 A h`' 5.3933 ACRES — ZONED: } 86-A-179C- ZONED: RA USE VACANT 7.0�9°ACRES �\ ZONED: RA / USE: RESIDENTIAlf h �r h s', N32'41'54"E 101.34' n... ---- ► ..��s.�.......PA INTER-LEWIS, �.. � PRQJECT:—^�_ SURVEY: " "A - -C%: . . RIDINGS PROPERTY Wr.?.o, 817 Cedar Creek Grade, Suite 120 RfvJN STEEL PROPERTY BERUN DRAWN BY: P JOB NO.: 1902002 Winchester, Virginia 22601 e FFtEUEf�lCK COUNTY, VA. -=.--.�----TE: scAt.E: DATE: Telephone (540)662--5792 AREAS TO BE REZONED SHOWN 4/11/19 :ONSULTING Facsimile (540)662-5793 METES &, BOUNDS MAP SHEET: ENGINEERS Email off ice®pointerlewis.com EXHIBIT 1B 6000"0 1000 Scale in Feet' ir 4. 114. ,� moo' '`- - ', • - ', •• _ - � •� . _Qr r71. 1cp •r F PROJECT: Y". U.: t' PAINTER-LEWIS, P.L.C. RIDINGS PROPERTY A 817 Cedar Creek Grade, Suite 120 uliAwN BY: JOB NO.: SUN STD PROPERT! � Winchester, Virginia 22601 {rsHOWN 180�002 FREpERICK COUNTY, VA. scuF: lelephone (540)662-5792 DATE' TOPOGRAPHY 4/41/19 CONSULTING Facsimile (540)662-5793 T. ENGINEFRS Email off ice®pointeriewis.com U9¢S • • AIL MO Z Z � x m u y g O D n I • • Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester S 1864 Second Kernstown Sites (Fortifications) 1OParkins Mill Battery 111864 Winter Line 12 Carriesbrooke Redoubt 13 Hillandale Works 1419th Corps Entrenchments 15 Star Fort 16 Fort Collier 17 Zig-Zag Trenches Civil War Sites Civil War Battlefields 0 00.51 2 3 4 5 6 I f t t t 1 Miles Renolds Store Cross Junction Gahesboro re Shawneeland 0 14 7- Civil War Battlefields %. & Sites (As Defined by the NPS Shenandoah Valley Civil War Sites Study) Clear Brook 0 Stephenson Abin 3 O O ` 6 Round 4' Hill 16 Wmchr ter . 3� 7 1 i X .2 91. 10 13 17 ply 11 Qy G .e 2030 Comprehensive Plan Adopted )uly 14, 2011 i • VIRGINIA DEPARTMENT OF TRANSPORTATION COMMERCIAL ENTRANCE DESIGN General Project Information Enter a value for all input cells Project Name: Berlin Steel County: Frederick —� Reviewer: I ' Date: 7/9/2019 V00T Adacent Road Name: Route 277 Number of Lanes: 2 Posted Speed: 45 mph * Classification: Minor Rural Arterial AADT: 8500 VP--, D: 0.626 k: 0.093 enter N/A rf factors are unknown *t Ise Design Speed if available Generated Trips: I 151 VPD Right in: 11 VPH Left In: 10 JVPH 2% Entrance Criteria %Trucks in Entrance: Advancing Volume Opposing Volume **Also used as Ap 495 VPH 495 PH" ing Volume for Rt. Turns Entrance is a Standard Commercial Entrance Entrance Type: `Full Access Entrance - I Minimum Spacing: 470 ft SDL: 530 it SDR: 565 ft Left Turn Lane Warrant: Advancing Volume >_ 427 VPH Left Turn Lane Required with 200' taper Right Turn Taper Warrant: Rt. Turn Volume >- _21 VPH No Taper Required Right Turn Lane Warrant: Rt. Turn Volume >_ 54 VPH No Right Turn Lane Required r- Warrant for Left -Turn Storage Lane Warrants for Right Turn Treatments 2-Lane Highway 2-Lane Highway I —S=100' 800 !20700 5=125' 1 600 -----d--- --�;--y— T;Ijt- 500 g - t --. �. . l_ ..__�� r 3 400' 80 - ----- 200 4 z ? 40 100 I J .. -;--- Y_ 5=250' �I tao 20 -- - - I a 0 z 3 L._ . —� - - I ! -y- ,-- 5=300' : oe I O 0 200 - 400 600 800 1000 1200 0 200 400 600 s; Advancing Volume, VPH Approach Total, VPH 1. The minimum warranted left turn lane length shall be 100' for speeds 5 40 mph and 200' for speeds � 45-mph 2. Left turn lanes with high truck volume shall be increased as calculated and tabulated below: Left Turn Storage Length Increase Required for Truck Ratio (in Feet) S = 100' S = 125' S = 150' S = 175' S = 200' S = 250' 1 S = 300' 0 0 0 0 0 0 0 ✓ersion !'Based on JO v 1v11 Aoorn ix F - Vuvl ki .d ,0— AA no _ 1.7. E%I] 11 315 Tasker Road Stephens City, Virginia 22655 May 15, 2019 John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 i CI; PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater corn RE: Rezoning Application Comment Berlin Steel Rezoning Application Tax Map Number: 86-A-179C 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. 4 c f 0' ANNIVERSARY Water At Your Service *I_ mlam L,qP Zy�:VZ Page 2 Berlin Steel rezoning application John Lewis May 15, 2019 Facilities for conveyance of water to the subject properties do presently exist. Until the proposed use's' 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 easernents 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. Sincere�l.v, r� c Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department Dick Helm, Frederick -Winchester Service Authority Frederick Water Board of Directors John Lewis office@painterlewis.com Wednesday, August 28, 2019 5:12 PM 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. Sent: Wednesday, May 29, 2019 1:40 PM To: officerc7painterlewis.com 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 litips:Hvkrww.fcva.us/home/sliowdocurTient?id=1022, the use of which I 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 ivdillia @fcva.us From: Rod Williams Sent: Tuesday, May 7, 2019 9:42 AM To: office@painterlewis.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(Mcva.us 2 U REZONING APPLICATION FORM FREDERICK COUNTY, VIWANIA To be completed by Planning Staff, - Fee Amount Paid $ 1 ► �� ; j C� i Zoning Amendment Number 7 - ( 1 Date Received �_i �► i `1 ' PC Hearing Date t t i BOS Hearing Date_ The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of (lie Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Painter -Lewis, P.L.C. Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 2. Property Owner (if different than above): Name: Dennis Ridings Address: 280 Ridings Lane White Post, VA 22663 3, Contact person if other than above: Name: John Lewis Telephone: 540-662-5792 "Telephone: 540-974-1523 Telephone: 540-662-5792 4. Property Information: a. Property Identification Number(s): 86-A-179C b. Total acreage to be rezoned: 10.00 C. TotaI acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 17.09 d. Current zoning designation(s) and acreage(s) in each designation: RA -rural agricultural C. Proposed zoning designation(s) and acreage(s) in each designation: M1-light industrial district f, Magisterial District(s): Opequon 12 • 5. Checklist: Check the following items that have been included with this application. Location map - ✓ Agency Comments ✓ _ Plat ✓ ._ Fees _ ✓ _ Deed to property _ ✓ Impact Analysis Statement ✓ _ Verification of taxes paid _ ✓ _ Proffer Statement Plat depicting exact meets and bounds for the proposed coning district _ ✓ _ Digital copies (pdf's) of all submitted documents, maps and exhibits _ ✓ :_ 6. 7'he Code of Virginia allows us to request frill disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Beverly S. Ridings 7. Adjoining Property: PARCEL Ill NUMBER USE ZONING 87-A-12E 86-A-179E 86-A-179 86-A-179A 87-A-12 vacant residential vacant residential industrial RA RA RA RA M1 8, Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located at 280 Ridings Lane which intersects Route 277 about 3200 feet east of Hudson Hollow Road. 13 • 9. 771le following informwrtion should be provided aerording to 0w (ype. of I-Qts ilsg proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Date: Owner(s): �� Date: *40 Date: 14 • • S, "I -lie followhig information should he provided :recording to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right -of. --way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): ! Date: If Date: Owner() s : r-r Date: Date: 14 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenuc, The Commissioner of the Revenue is located on the 2nd floor of the Frederick Counly,Mministralive Building, 107 North Kent Slreet. Name and Property Identification Number Address Name Berlin Real Estate !nc PO Box 428 Property v 87-A-12 Berlin, CT 6037 0428 Name Shirley C Carlson 1312 Fairfax Pike Property # 86-A-179 White Post, VA 22663 1805 Name Mary F Ridings 260 Ridings Lane Property #86-A-179E White Post, VA 22663 Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Property #87-A-12E Front Royal, VA 22630 Name Shirley C Carlson 1312 Fairfax Lane Property v 86-A-179A White Post, VA 22663 Name Liberty Baptist Church PO Box 67 Property V 86-A-179D Stephens City, VA 22655 0067 Narne Property tl Name Property tt Name Property #i 15 REZONING APPLICATION DORM EREDFR.ICK COUNTY, 'VIRGINIA To he completed by Planning Staf: Zoning Amendment Number PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deer] book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Painter -Lewis, P.L.C. Telephone: 540-662-5792 Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 2, Property Owner (if different than above): Name: Berlin Steel Real Estate Inc Address: PO Box 42B Berlin, CT 6037 0428 3. Contact person if other than above: Telephone: 860-828-2538 Name: John Lewis Telephone: 540-662-5792 4. Property Information: a. Property Identification Number(s): 86-A-12 b. Total acreage to be rezoned: 5.3933 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 23.34 d. Current zoning designation(s) and acreage(s) in each designation: RA -rural agricultural e f. Proposed zoning designation(s) and acreage(s) in each designation: M1-light industrial district Magisterial District(s): Opequon 12 5. Checklist: Check the following items that have been included with this application. Location map _ ✓ Agency Comments ✓ _ Plat _ ✓ •_ Fees _ ✓ :_ Deed to property _ ✓ ._ Impact Analysis Statement ✓ Verification of taxes paid _ ✓ _ Proffer Statement Y/ Plat depicting exact meets and bounds for the proposed zoning district _ ✓ _ Digital copies (pelf's) of all submitted documents, maps and exhibits ✓ _ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 7. Adjoining Property: PARCEL ID NUMBER 86-A-179C 8. Location: The property is located at (give exact Iocation based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located at 201 Ridings Lane which intersects Route 277 about 3200 feet east of Hudson Hollow Road. 0 • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: S juare Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other. 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to eater the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at ]cast seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. 1 (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Owner(s): / - / /N �ji 14 14 Date: 1 lel = 14 Date: Date:' Date: 01 0 0 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any properly abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. Thu applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. the Commissioner of the Revenue is located on the grad floor of the Frederick County Administrative Building, 107 North Kent Street. Nante :and Property Identification Number Address Name Dennis Ridings 280 Ridings Lane White Post, VA 22663 Propcity to 86-A-179C Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property # 86-A-179D NameAmanda D Calhoun 1450 Fairfax Pike White Post, VA 22663 Property it87-A-12C Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property tt87-A-12E Name Shirley C Carlson 1312 Fairfax Pike White Post, VA 22663 Property # 86-A-179A Nay„eLiberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Properly # 86-A-1791) NamcGary Arghyris Barbara Pierce 1518 Fairfax Pike White Post, VA 22663 Property N 87-A-12D NameLori Brian Hazelwood 1500 Fairfax Pike White Post, VA 22663 Property n 87-A-12F Name Property N 15 0 • d� Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: w-A-"-.fcva.tls Know All Men By These Presents That: Dennis L. Ridings Name of Property Owner/Applicant Please note' If the property owner/applicant is as entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 260 Ridings Lane, White Post, VA 22663 540-974-1523 Nailing Address of Properly Owner/Applicant Telepbone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: #86-A-179C do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Attorney -In -Fact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540-662-5792 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or 7A)ning Appeal and, further, my attorney -in -fact shall have the authority to o er proffered conditions and to make ameudmenis to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature lf, Title (if signing on behalf of an enti ) State of r,. County/City of r e��41 i• , To wit: 1 9 � c ` a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed t e foregoing instrtt IWfJS ' ` �l�y appeared before me and has acknowledged the sapie)before me in the jurisdiction afores��hii .. ". / a f, 20LI. _ mTJ i �o �� �'My Commission Expires: Notary Public couaRN Isiration Number: 4 0 •' 7532024 •��sL •.•�J�: F LTN C • 0 coG Special Limited Power of Attorney o County of Frederick, Virginia ¢ Frederick Planning Website: www.fcva.us wa Iry Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Pholae (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Beverley Ridings Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above, If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed, 280 Ridings Lane White Post, VA 22663 540-974-1523 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: #86-A-179C do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Attorney -In -Fact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540-662-5792 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: Q✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behal f an entity) r __ State of L r' County/City of VCc (_'k 1 f . , To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instr W t ally appealed before me and has acknowledged the sayrte before me in the jurisdiction afo� ,Ni �'ejay of t 201 . �P . �Y P Ue' o` M�lCommission Expires: Mp�jdSS40N ; ' NUMBER co) 7 532024 : JG IG I istration Number; C-� 0 cy'Co Special Linn ted Power of Attorney 4 eolith) of t�rederick., Vil-gird � ��� .'� r�retiel•ici� Y'latll>litt� t�/cirsitc: �M1���v.i'c��r.us G w Depa, inient of Fla aning Ss Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Berlin Steal Real Estate, Inc. Name of Property Owner/Applicant Plesse Dote: if the property owner/applicant is an entity, the none of the entily should appear tbove. If multiple persons own the property or are applicants, an executed power or attorney from each omwr will be needed. P. O. Box 428 Benin CT 6037 D428 060-828-3531 Mailing Address of Property Owner/Applicant Telephone Nwnber as owner of, or upplicaut v;ith respect to, the trrct(s) ar pnrcel(s) of land in Frederick County, Virginie, ident-ificd by following property identification numbers: #87-A-12 do hereby rnake, constitute, snd appoint: Painter-LeKlis, P.L.G. Nate of AttomcyhrFect 817 Cedar Creoi; Grade, Suite 120 Winchester, VA 22601 540-662-5792 Mailing Address of Attorney-Tn-Fact Telephone Number to act its my true and lawfut ettnrrtey-in-fact for and in my name, place, and stead, with the szme full power and nuthority I would have if actiog personally, to file and act on my behalf -6ith respect to application with Frederick County, Virginia for the followin ,for the above identified property: Fi/ Rezauing Subdiriiion Conditional Use Permit Site Plzn Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -feet shall have the authority to o cr proffered conditions anti to make ania rdinents to pretwfously approved proffered conditions except us follows: none This ap 3'ntme it shall expire one year from the day that It Is signed, or at such sooner time ss I othcr�ci. esci . d Ut�f m i lt, t l- r Signature - 1 i Title (if signing >n alf an - ntity) _Q" lof'S State of Ca h if Uj -'-t� ,County/City af�-{U T �l� , To wit: -r�L J `�� ��"IR�tary Public in and for the jurisdiction aforesaid, certify that the person who signed the tdregoing instrument personally appe red Wore tie and has acknowledged the same before me in the jurisdiction aforesaid this 2 lr" day of JY24 20J_J %_)My Commission Expires: _- Notary Publi - J 7sY Registration Number: Karen Nernergut Simeone Notery Public -Connecticut My Commission xptres February 20,2024 0 REZONING APPLICATION FORM FREDEIZICK COUNTY, VIRGINIA 7o be completed by Planning StcijJ: Fee Amount Paid Zoning Amendment Number Date Received CI It t `1 PC Hearing Date t�� i �,: Io BOS Hearing Date The following information shall be pi•oi,icled by the applicant: All parcel identification numbers, deed book and page numbers may be obtained fi•om the Office of the Commissioner of Revenue, heal Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Painter -Lewis, P.L.C. Telephone: 540-662-5792 Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 2. Property Owner (if different than above): . Name: Dennis Ridings Telephone: 540-974-1523 Address: 280 Ridings Lane White Post, VA 22663 3. Contact person if other than above: Name: John Lewis Telephone: 540-662-5792 • 4. Property Information: a. Property Identification Number(s): 86-A-179C b. Total acreage to be rezoned: 10.00 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 17.09 d. Current zoning designation(s) and acreage(s) in each designation: RA -rural agricultural e. Proposed zoning designation(s) and acreage(s) in each designation: M1-light industrial district f. Magisterial District(s): Opequon 12 • 5. Checklist: Check the IOIIOlvillg items that have been included lvlth this application. Location map _ ✓ Agency Comments —I ✓ _ Plat ✓ Dees J ✓ �_ Deed to property ✓ ,_ Impact Analysis Statement ✓ Verification of taxes paid Y/ i_ Proffer Statement Plat depicting exact meets and b011nds for the proposed zoning district Digital copies (pdI's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request filll disclosure of ownership in relation to rezoning applications. Please list below all owners or parties ill Interest ofthe land to be rezoned: Beverly S. Ridings • 7. Adjoining Property: PARCEL Ill NUMBER USE ZONING 87-A-12E vacant RA 86-A-179E residential RA 86-A-179 vacant RA 86-A-179A residential RA 87-A-12 industrial M1 8. Location: The property is located at (give exact location based on nearest road and distance G•om nearest intersection, using road Rattles and route numbers): The property is located at 280 Ridings Lane which intersects Route 277 about 3200 feet east of Hudson Hollow Road. • 13 • • • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family lionles: "fownhonle: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Commercial: 10. Signatlil-e: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at • the front property line at least seven days prior to the Planning CommiSSlOn public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): 1141k— Date: —j. —Lq Date: Owner(s): (J--� Date: Wi 5 67- Date: • 14 • • • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Prop sed Single Family homes: TOWIIhollle: Multi -Family: Non -Residential Lots: Mobile Flome: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick Count), officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at • the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the bearing. 1 (we) hereby certify that this application and its accompanying materials are true and accurate to the best of Illy (our) knowledge. iAl Applicant(s): Date: Date: Owner(s): Date: jS -/ l� l Date: 0 14 • • • ADJOINING PROPERTY OWNERS OWners of property adjoining the land 1VIll be notified Of the Planning Commission and the Board Of SLII)CI'VISOI'S illeetillgS. I'or the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-0t=way, a private right-of*way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number Which may be obtained from the office of the Commissioner of Revenue. The Commi.ysloner of the Revenue is located on the 2nd floor of the Frederick County Administrative Bllddn7g, 107 North Kent Street. Name and Property Identification Number Address Name Berlin Real Estate Inc PO Box 428 Berlin, CT 6037 0428 Property a 87-A-12 Name Shirley C Carlson 1312 Fairfax Pike White Post, VA 22663 1805 Property ii 86-A-179 Nflme Mary F Ridings 260 Ridings Lane White Post, VA 22663 Property iE 86-A-179E Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property #87-A-12E NameShirley C Carlson 1312 Fairfax Lane White Post, VA 22663 i,roperty #86-A-179A Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property tE 86-A-179D Name Property # Name Property # Name Property tl 15 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 7o be completed 1)), Planning Staf/: Fee Amount Paid Zoning Amendment Number Date Received _ I'C Hearing Date BOS Hearing Date_ Tlie following in formatio» shall be pmvicled by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Sheet, Winchester. 1. Applicant: Name: Painter -Lewis, P.L.C. Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 2. Property Owner (if different than above): Name: Berlin Steel Real Estate Inc Address: PO Box 428 P—H, (`T gnQ7 f)AO❑ 3. Contact person if other than above: Name: John Lewis Telephone: 540-662-5792 Telephone: 860-828-2538 Telephone: 540-662-5792 4. Property Information: a. Property Identification Number(s): 86-A-12 b. Total acreage to be rezoned: 5.3933 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the pareel(s) is not being rezoned): 23.34 d. Current zoning designation(s) and acreage(s) in each designation: RA -rural anrimilhiml rroposea zoning aes►gnat►on(s) and acreage(s) in each designation: AA1-linht inr►iietriml rlic+rin+ Magisterial Uistriet(s): ` PIl 'guu" • luj S. Checklist: Check the following items that have been included with th►s application. Location Illap ✓ i_ Agency Comments J ✓ �_ Plat _1 ✓ �_ Pecs _ Deed to property i ✓ Impact Analysis Statement Verif►cation of taxes paid ✓ _ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf s) of all submitted documents, Illaps a►ld exhlb►ts 6. The Code of Virginia allolj,s is to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in Interest ofthe land to be rezoned: • 7. Adjoining Property: PARCEL Ill NUMBER 86-A-179C 86-A-179D 86-A-13 87-A-12F 87-A-12E 87-A-12D &87-A-12C USE ZONING residential RA church RA residential RA residential RA vacant RA residential RA 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbe►•s): The property is located at 201 Ridings Lane which intersects Route 277 about 3200 feel east of Hudson Hollow Road 13 • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: 1 (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. 1 (Nye) authorize Frederick County officials to enter the property for site inspection purposes. 1 (Nye) understand that the sign issued when this application is submitted must be placed at • the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. 1 (Nye) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. A licant s I_ PP : � / Date: Date: Owner(s): '_"_. Date: Date: 14 0 0 0 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board Of Sl1pCI-V1SO1'S niectings. 17,01' the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. "The applicant is required to obtain the following information on each adjOtllillg property including the parcel identification number which may be obtained fi-om the office of the Commissioner of Revenue. The Commissioner of 1he Revemre is located on the 2nd floor of -the Frederick Couniy Administrative Building, 107 North Kent Street. Name and Property Identificatio❑ Number Address -1 Name Dennis Ridings 280 Ridings Lane White Post, VA 22663 Proper-ty # 86-A-179C Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property tt 86-A-179D NameAmanda D Calhoun 1450 Fairfax Pike White Post, VA 22663 Property # 87-A-12C Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property tE 87-A-12E Name Shirley C Carlson 1312 Fairfax Pike White Post, VA 22663 Property # 86-A-179A Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property # 86-A-179D NameGary Arghyris Barbara Pierce 1518 Fairfax Pike White Post, VA 22663 Property tt 87-A-12D Nanic-Lori Brian Hazelwood 1500 Fairfax Pike White Post, VA 22663 Property tt87-A-12F Name Property �l 15 CoG Special Limited Power of Attorney • a �� County of Frederick, Virginia o Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Dennis L. Ridinas Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 280 Ridings Lane, White Post, VA 22663 540-974-1523 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcels) of land in Frederick County, Virginia, identified by following property identification numbers: #86-A-179C do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. ivame or Artomey-in-pact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540-662-5792 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) ❑ Vhriance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature lf- Title (if signing on behalf of an enti ) ' I State of �l (�., r�. �t County/City of _ t=", ec�� g_, �{ , To wit: L� ' �1r'KJI 5 a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrurlic"fli liy appeared before me and has acknowledged the same before me in the jurisdiction afores /, <<r J m'. MY y Commission Expires: 140tary Public commisslorl 94iration Number: �� C; L► Zc) NUMBER 0 • 7532024 ' (j ;�aa. ��9, CO Special Limited Power of Attorney County of Frederick, Virginia ,x Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Beverley Ridings Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 280 Ridings Lane White Post, VA 22663 540-974-1523 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: #86-A-179C do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Attorney -In -Fact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540-662-5792 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: 0 Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behal f an entity) State of ` I M I , ,�"1 , County/City of C Y , To wit: I,a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrt.q tt r'! ally appeared before me and has acknowledged the sa before me in the jurisdiction afo �r;"0�thil NNN ',jay of t �, , 201a. I Public C0 1 ISSION ' N�MBE Z �0 '- 753202 JIlk Commission Expires: istration Number: 01 • • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: Nvwiv.fcva.tis Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Berlin Steel Real Estate, Inc. Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, die name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each ovmer will be needed. P. O. Sox 428 Borlln CT 6037 0428 860-828.3531 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land In Frederick County, Virginia, identified by following property identification numbers: #87-A-12 do hereby make, constitute, and appoint: Painter -Lewis, P.L.C. Name of Attorney -In -Fact 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Mailing Address of Attorney -In -Fact 540-662-5792 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This ap ntment sI all expire one year from the day that it is signed, or at such sooner time as I otheltivi esci d o in it. SignatureAN l� Title (if signing )n calf an ntity) State of ('� n �(� �� , County/City of _l-( U r To wit: Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the regl�i oing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2. z"d day of 20J J My Commission Expires: a � Notary Publi Registration Number: !Caren Nemergut Simeone Notary Public -Connecticut My Co commission E p s - February 29, 2024 Property Map - Frederick County, VA J 179A 5 4 1312 1436 1 155? • 12B 1450 �r?,� 24 • t: 1555 1290 179B 12 Fq2 Qs� • RFgxA'k� 180 179D 24A 130E 12C • 23 179F 1452 • 151 R 13A • 1532 Al 100 12D • 111 Al A 12_ 2� 196 1590 • '1A5 Q • 201 1500 ��Q 179 12F 12 13 B 42 B 190 • A� 13 1 79C 212 • 214 260 15A 179E 280 • 12E 14 12E 15 Frederick County Information Technologies 107 N Kent St Winchester, VA 22601 540-66"614 �r 4S. Frederick County does not give any expressed or inplbd Nenenties, 0 195 390 780 Feet conditions, representations, ndermifies ofany kind, stafutory or aMerwso, concemirg any orall orfhe Frederick County GIS data. 1:4,440 0 • 0 REZONING APPLICATION Ridings Property 280 Ridings Lane White Post, VA 22663 Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Real Estate Property 201 Ridings Lane White Post, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres PARCEL ID: 87-A-12 April 4, 2019 0 Applicant: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 Email: office@painterlewis.com 0 • � Tab le of Contents 0 0 Section Contents 1. Application TM#86-A-179C 2. Application TM#87-A-12 3. Location Map 4. Deed To Parcel TM#86-A-179C 5. Deed To Parcel TM#87-A-12 6. Taxes Current TM#86-A-179C 7. Taxes Current TM#87-A-12 8. Ltd Power of Attorney TM#86-A-179C 9. Ltd Power of Attorney TM#87-A-12 10. Agency Comments 11. Impact Analysis Statement 12. Proffer Statement • 0 3. Location Map 0 0 8. Ltd Power of Attorney iM#86-A-179C 0 0 • ,� 9. Ltd Power of Attorney TM#86-A-12 1. Application TM#86-A-179C 0 u r� G- ORDINANCE Action: PLANNING COMMISSION: October 16, 2019 Public Hearing Held; Tabled for 60 days December 18, 2019 Public Meeting Held, Recommended Approval BOARD OF SUPERVISORS: January 22, 2020 Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-19 BERLIN STEEL REAL ESTATE, INC. WHEREAS, REZONING #03-19 Berlin Steel Real Estate, Iuc., submitted by Painter-Lcwis, P.L.C. to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers, with a final revision date of'November 18, 2019. The subject property is located at 280 Ridings Lane which intersects with Route 277, in the Opequon Magisterial District, and are identified by Property Identification Numbers 86-A-179C and 87-A- 12; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 16, 2019 and tabled the rezoning for sixty (60) days; and WHEREAS, the Planning Commission held a public meeting on this rezoning on December 18, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NO«', ThIEREFORE, BE IT ORDAINED by the Frederick County Board of'Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 15.3933+/- acres froin the RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers, with a final revision date of'November 18, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Gene E. Fisher Blaine P. Dunn Aye Shawn L. Graber Aye Aye Robert W. Wells Aye Aye Judith McCann -Slaughter Aye Aye A COPY ATTEST Krl +ei ee Frederick Cou y Administrator BOS Res. #047-20 0 0 ` 00001C�r11j PROFFER STATEMENT Dennis and Beverly Ridings 280 Ridings Lane White Post, VA 22663 Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Real Estate, Inc. 201 Ridings Lane White Post, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres PARCEL ID: 87-A-12 Opequon Magisterial District November 18, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1902002 0 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 0 3.- 19 for the rezoning of 5.3933 acres on Parcel #87-A-12 and 10 acres on Parcel #86-A-179C from RA to M1, development of this particular 15.3933 acres along with the existing 17.9467 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document and with the attached "GENERALIZED DEVELOPMENT PLAN". See the attached "AREAS TO BE REZONED METES & BOUNDS MAP" for an illustration of the areas to be rezoned. These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. 2. Prior to approval of the next Site Plan for any facility or structure on these subject lands, the owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and the design of any resultant improvements to Route 277 will be subject to VDOT approval. 3. As shown on the Generalized Development Plan, a 100' wide strip of land will be reserved on the subject lands for future road network improvements. No permanent buildings will be erected within this area. Monetary Contribution to Frederick County Service Organizations The owners of Parcel #87-A-12 and Parcel #86-A-179C will donate or will cause to be donated to the Frederick County the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the approval of the next site plan for any expansion of the operations of any facility or structure onto these subject lands. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns and successors in the interest of the owners. In the event that the Frederick Country Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Submitted By: Mr. Dennis Ridings Dennis Ridings Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this ek2_ Zo L by Dennis Ridings. 000i0000°j My commission expires on I (30 1Z.g2� ary Public Submitted By: Mrs. Beverley Ridings /a Beverley Ridings Date: Di STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: MY c� CO&4A41SS/ON v�ry gR 0'. 7515853 - �,'�?✓Fq CTI10 RT�> day of The foregoing instrument was acknowledged before me this day of w by Dennis Ridings. oQo�ooa000°j/°° My commission expires on zv� e'`�N• C �F�n% MY ISSION o N t ®0 ; NUMBER Q 75-15853 ael�0 ,,•• •.�\�C�Oo 0 °°°0000i000��e� -77 G -) PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C C� Submitted By: Berlin Steel Real Estate, Inc. \ I n / I // I / Signature A Title Date: ID ^ Z-9 —19 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this day of by My commission expires on 0 b y J—) `4 Notary P Karen Nemergut Simeone Notary Public -Connecticut My Commission Expires February 29, 2024 • 300 0 300 / \ Scale in Feet rah ---- _� h 86-A-179 10.00 ACC S - - - ZONED- RA -- s ?� -�-FUSE: R IDENTIAL— — ss'os 809 - 87-A-12 g' �o' - - - --- ---- --- 5.3933 ACRES-- /ram J 86-A-179C - -- ss�.- - USOENED: RA VACANT— ^^ �1�� 7.094CRES . F\ \ZONED: RA USE: RESIDENTIAY rs' `��• h \� N32'41'54"E v 101.34' 1� PROJECT: SURVEY: PAINTER-LEWIS, P.L.C. RIDINGS PROPERTY N^ 20' 817 Cedar creek Grade, Suite 120 BERUN STEEL PROPERTY DRAWN BY: JOB No.: Winchester, Virginia 22601 FREDERICK COUNTY, VA Telephone (540)662-5792 SCALE: DATE: AREASFacsimile (540)662-5793AREASTO BE REZONED SHOWN 4/11/19 CONSULTING METES & BOUNDS MAP SHEET: ENGINEERS Email office®painterlewis.com (kYntx)r% I EXHIBIT 1B • \� 300 0 300 / Scale in Feet O \ 87—A-12 \ 100' "NO PERMANENT BUILDING" RESERVATION AREA FOR FUTURE ROAD NETWORK IMPROVEMENTS "09 �0' 86—A-179C Sssr• sr� , 8 o h A). 9� ° h 150.51' F \ h� .h .a V.) /,,4v / Ao 1h N32'41 '54"E 101.34' PAINTER-LEWIS P.L.C. PROJECT: NARVEY. NIA RIDINGS PROPERTY 817 Cedar Creek Grade, Suite 120 RERUN STEEL PROPERTY DRAWN BY: JOB NO.: Winchester, Virginia 22601 FREDERICK COUNTY, VA. P—L 1902002 SCALE: DATE: Telephone (540)662-5792 GENERALIZED DEVELOPMENT PLAN SHOWN 10/27/19 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office®painterlewis.com GDP VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was producce7d to me on )D--doatJ. i Zg go and with certificate acknowledgement t ereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of �N+, and 58.1-801 have been paid, if assessable. Clerk Receipt: 20000002861 COURT ADDRESS: 5 NORTH KENT STREET WINCHESTER, VA 22601 PHONE # :540-667-5770 4 6c-�.:QJ v ✓' OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 02/10/2020 TIME: 13:28:59 RECEIPT # : 20000002861 TRANSACTION # : 20021000052 CASHIER: KKB REGISTER # : B700 INSTRUMENT: 200001574 BOOK: GRANTOR: RIDINGS, DENNIS GRANTEE: FREDERICK COUNTY VIRGINIA RECEIVED OF: ROD WILLIAMS ADDRESS: CASH: $23.00 DESCRIPTION 1 : PROFFER STATEMENT NAMES:O CONSIDERATION: $0.00 ANAL: $0.00 CASE # : 069CLR200001574 FILING TYPE: OTHER PAGE: RECORDED : 02/1012020 EX: N EX: N ACCOUNT CODE DESCRIPTION PAID 035 VIRGINIA OUTDOOR FOUNDATION $1.00 106 TECHNOLOGY TRST FND $5.00 PAYOR'S COPY PAGES : 007 PIN OR MAP: MISC Page i of I PAYMENT: FULL PAYMENT AT: 13:28 LOC : CO PCT : 100% OP:0 ACCOUNT CODE DESCRIPTION PAID 145 VSLF S1.50 301 CLERK RECORDING/INDEXING FEE $14.50 CLERK OF COURT: REBECCA P. HOGAN TENDERED : $ 23.00 AMOUNT PAID: S 22.00 CHANGE AMOUNT: $ 1.00 RECEIPT COPY 1 OF 2 • • 0 C1 PROFFER STATEMENT Dennis and Beverly Ridings 280 Ridings Lane White Post, VA 22663 Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Real Estate, Inc. 201 Ridings Lane White Post, VA 22663 Original Rezoning #: 02-01 • Property: 23.34 acres PARCEL ID: 87-A-12 Opequon Magisterial District May 16, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1902002 PROFFER STATEMENTS 0 PARCEL ID 87 ((A)) 12 & 86-A-179C • INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 5.3933 acres on Parcel #87-A-12 and 10 acres on Parcel #86-A-179C from RA to M1, development of this particular 15.3933 acres along with the existing 17.9467 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document. See the attached "AREAS TO BE REZONED METES & BOUNDS MAP". These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. Monetary Contribution to Frederick County Service Organizations The owners of Parcel #87-A-12 and Parcel #86-A-179C will donate or will cause to be donated to the Frederick County the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the approval of the next site plan for any expansion of the operations of any facility or structure onto these subject lands. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns and successors in the interest of the owners. In the event that the Frederick Country Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. 9 0 • Cl PROFFER STATEMENT 0 • PARCEL ID 87 ((A)) 12 & 86-A-179C Submitted By: Mr. Dennis Ridings Dennis Ridings ° Date: `3 I `D STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: I� The foregoing instrument was acknowledged before me this day of L\CU\,:;A by Dennis Ridings. My commission expires on / - p0o`llt►llao o l P VANsjc''. Notary Public = ;•'o M Y �'� •. .Z _ COMMISSION Q NUMBER ; Z 7532024 : �C� o Submitted By: ''pt,/IIIA ;lpj1e,,o� Mrs. Beverley Ridings Beverley Riclirl& Date: '6— 1 ) " STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: Th/foregoing instrument was acknowledged before me �i�c,c ti5� by Dennis Ridings. My commission expires on 1 c' �> Notary Public this day _EpAPD//61/Ba/ N VA/vS�c'e, ;Y PC/e., �o 0 MY ?'.�8{�IISSION ;,UMBER '532024 AjvH 0 '`�81950004008� of is is PROFFER STATEMENT is 0 PARCEL ID 87 ((A)) 12 & 86-A-179C Submitted By - Berlin Steel Real I-st, te, I v r- Signature 1 Title Date: 0 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit. - fie foregoing instrument was acknowledged before me this _2 Z day of by My commission expires on -) I - ---PO Notary f'rlic-j i Karen Nemergut Simeone ;I Notary Public -Connecticut tl My Commission Expires III. February 29, 2024 J • /86—A-179 10.00 ACS ZONSE: R IAL- - ,0, 86—A-179C 7.09°ACRES \ZONED: RA / `O USE: RESIDENTIAX ^)� \ > 300 0 300 Scale in Feet s4 87—A-12 Soif' 5.3933 ACRES /ram s ZONED: RA — 71 Sgg? USE: VACANT s N32.41'54"E 101.34' PAINTER-LEWIS P.L.C. 617 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email office®pointerlewis.com PROJECT: RIDINGS PROPERTY STEEL PROPERTY FREDERICK COUNTY, VA. ARC TO BE REZONEDsHowN METES & BOUNDS MAP NARVEY: c.i.; DRAWN BY. JOB NO.:BERLIN P—L 1902002 SCALE: DATE: a/ii/is SHEET: I EXHIBIT 1 B u Action: AMENDMENT PLANNING COMMISSION: Reconunended Approval on February 21, 2(X)1 BOARD OF SUPERVISORS: Approved April_I1,_2001 AN ORDINANCE AMENDING THE "ZONING DISTRICT MAP REZONING #02-01 OF IRONGATE, INC. WI'REAS, Rezoning 902-01 of Irongate, Inc., was submitted by Painter -Lewis, P.L.C., to rezone a 14.43-acre portion of a 48.26-acre tract from RA (Rural Areas) to MI (Light Industrial). This property is located on the south side of Fairfax Pike (Route 277), approximately 1 1/4 miles west of the Clarke County line and is identified with Property Identification Number 87-A-12 in the Opequon Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on February 21, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 11, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change a 14.43-acre portion of a 48.26-acre tract from RA (Rural Areas) to MI (Light Industrial) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #05.01 This ordinance shall be in effect on the date of adoption. Passed this 1 Ith day of April, 2001 by the following recorded vote: Richard C. Shickle, Chairman Ave Sidney A. Reyes Aye W. I-farrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Rohcrt M. Sager ye A COPY ATTEST John 13/. Miley, Jr. Frederick County Administrator PDRes. 1105-01 0'AV,-&.'CONIMHV'I'ti`RL7.UNI�Ci1lLliti0l.l:'fY1ln+ngala, Ina i<CS wpd E PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 87 ((A)) 12 Opequon Magisterial District Frederick County, Virginia February 6, 2001 Prepared for: Mr. Dennis Ridings IRONGATE, INC. 201 Ridings Lane White Post, Virginia 22663 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@mnsinc.com Job Number: 9902014 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 INTRODUCTION The subject parcel contains 49.69 acres, Currently 48.26 acres are zoned RA and 1.43 acres are zoned M-1. Adjacent property is zoned RA. The owner desires to rezone an additional 14.43 acres within the parcel to M-1. The intended purpose for the rezoning would be to allow the expansion of the existing metal fabrication business of Irongate, Inc. The owner is willing to proffer a limit on the type of use permitted on the proposed M1 zone. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application it 02-01 for the rezoning of 14.43 acres on Parcel 87-((A))-12 from RA to M1, development of this particular 14.43 along with the existing 1.43 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document, These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 zoning. 2. The owner shall enter into a common shared buffer and screening easement agreement between properties identified as Tax Map 87-A-12 and 86-A-179C to satisfy the requirements of Section 165-37D(4) of the Frederick County Zoning Ordinance. This buffer shall incorporate a minimum buffer between the two parcels of 400 feet. The common shared buffer and screening easement agreement shall be executed prior to the issuance of a building permit for improvements on parcel 87-A-12. Monetary Contribution to Frederick County Service Organizations The owner of Parcel 87-((A))-12 will donate or will cause to be donated to the Stephens City Fire and Rescue Company No. 11 the sum of $1000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. PROFFER STATEMENT PARCEL ID 87 ((A)) 12 Submitted By: Mr. Dennis Ridings Dennis Ridings Date:-?/6/ol STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK. To -Wit: The foregoing instrument was acknowledged before me this Ok day of _,gel_ �vnr,'j , aool by Mr. Dennis Ridings. My commission expires on Fx6rition03teAly31_?np9 ,��-- Notary Public 10 Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Stephens City Fire and Rescue Station 11 Address & Phone 5346 Mulberry Street, P.O. Box 253 Attn: Fite Chief or Assistant Fite Chief Stephens City, VA 22655 JOHN W.JONESI Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester. VA 22601 Location of property: 280 Ridings Lane 201 Ridings Lane Current ZOtlillg: RA Zoning requested: M1 Telephone: 540-662-5792 Acreage: 15.3933 Fire and Rescue Company's Comments: Alo C'61IyVLr1,Q.tiU-, . Fire & ReSelle Company's Signature & Date: 3 ? Notice to Fire & Rescue Company - Please Return This Form to the Applicant 32 LJ John Lewis U • From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov> Sent: Tuesday, August 6, 2019 2:37 PM To: John Lewis Cc: John Bishop; mcheran@co.frederick.va.us; Rhonda Funkhouser; Matthew Smith Subject: Berlin Steel Real Estate Property Rezoning John, We have reviewed the rezoning application for Berlin Steel and Ridings to rezone a total of 15.3933 acres from RA to M1 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, Timothy Rhodes VDOT—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 • (540)-984-5630 0 • • • • Rezoning Comments • Frederick -Winchester Health Department i ` t y►Ol,yj Mail o: �' Hand deliver to - Frederick -Winchester health Department p Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Attn: Sanitation Engineer 107 Winchester, Virginia 22601 North Kent Street (540) 722-3480 Suuite 2Ol Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederic - Winchester Health Department with their review. Attach a copy of your a li k map, proffer statement, impact analysis, and any Other Pcr'tinent information, cation farm, location Applicant's Name: Painter -Lewis, PLC --- ---,.� Telephone: 540--662-5792 Mailing Address: 817 Cedar creek Grade Suite 120 ` Winchester, VA 22601 1 Location Of property: 280 Ridings Lane, 201 Ridings Lane 201 Ridings Lane Current zoning: RA Frederick -Winchester Heali Depa aT`r�,P Fr�drr�ck Cr.. � .. i- Zoning requested: M1 Acreage: _ 's Comments: ° 11G J L(f rtT C411 1lcalth Dept. Signature & Date: C. Notice to Health D partment - P4� 76 1 e Return This Form to the Applicant • • • Rezoning Comments Frederick County Department of Public Works • Mail to: );land deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn: Director of Engineering Attn: Director of Engineering 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 200 540 W � ) 665-5643 Winchester, Virginia 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, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Painter -Lewis, PLC Mailing Address: 817 cedar creek Grade Suite 120 Location of property: 280 Ridings Lane 201 Ridings Lane Telephone: 540-662-5792 Current Zoning: RA Zoning requested: M1 _ Acreage: 15.3933 DepartmentofPublic Wol-lCs COInInents: Q__►�-z� C p t y3 of qA- Public Works Signature & Date: Notice to Dept. of Public orlcs - Please Return This Form to the Applicant 21 S//21 - MPz.,*qz • 0 • Rezoning Comments Frederick County Fire Marshal • • Mail to: Hand 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 application form, location map, proffer statenieia, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 280 Ridings Lane 201 Ridings Lane Current zoning: RA Zoning requested: M1 Telephone: 546-662-5792 Acreage: 15.3933 Fire Marshal's Comments: Fire Marshal's Signature & Date;•= . Notice to Fire Marshal - Please Return This Form to the Applicant APR 2 2 2019 11 • 0 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fi110Wcva.us Plan Review & Comments Date Received 4/22/2019 Plan/Permit Type Name Berlin Steel Address 201 Ridings LN Project Name Applicant Name & Number . R E# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Rezoning Application 04-22-19 White Post Rezoning Painter -Lewis 540-662-5792 Adequate Inadequate 7 Adequate Inadequate N/ Adequate Inadequate N/ Yes No N Signature: el- __7 Reviewed By: Kenneth Scott, Jr. Title��s/V� 0 Approve Date Reviewed 5/2/2019 VA 22663 10. Agency Comments VIRGINIA DEPARTMENT OF TRANSPORTATION OOT COMMERCIAL ENTRANCE DESIGN V General Project Information Enter a value for all input cells Project Name: 18erlin Steel County: Frederick Reviewer: I Date: 7/9/2019 Adacent Road Name: Route 277 - 1 Number of Lanes: 2 Posted Speed: 45 mph * Classification: I Minor Rural Arterial AADT: 8500 VPD D: 0.626 k: 0.093 enter N/A if factors are unknown *Use Design Speed if available Generated Trips: 151 VPD %Trucks in Entrance: =% Right In: 11 VPH Advancing Volume: 495 JVPH Left In: 10 PH 2% Opposing Volume: 495 VPH'* "Also used as Approaching Volume for Rt. Turns Entrance Criteria Entrance is a Standard Commercial Entrance Entrance Type: lFull Access Entrance Minimum Spacing: 470 ft SDL: 530 ft SDR: 565 ft Left Turn Lane Warrant: Advancing Volume >_ 427 VPH Left Turn Lane Required with 200' taper Right Turn Taper Warrant: Rt. Turn Volume >_ 21 VPH No Taper Required Right Turn Lane Warrant: Rt. Turn Volume >_ Warrant for Left -Turn Storage Lane 2-Lane Highway 800 a 700 600 E 500 3 400 > 300 c 200 '0 100 a 0 54 VPH 5=100' ® S=125' 5=150' 5=175' S=200' S=250' S=300' 120 a 100 80 E 60 40 m 20 °C 0 No Right Turn Lane Required Warrants for Right Turn Treatments 2-Lane Highway O 0 200 400 600 800 1000 1200 0 200 400 600 Advancing Volume, VPH (! Approach Total, VPH 1. The minimum warranted left turn lane length shall be 100' for speeds <_ 40 mph and 200' for speeds >_ 45 mph 2. Left turn lanes with high truck volume shall be increased as calculated and tabulated below: Left Turn Storage Length Increase Required for Truck Ratio (in Feet) S=100' S=125' S=150' S=175' S=200' S=250' S=300' 0 0 0 0 0 0 0 Version 2.1 -Based on July 2012 Appendix F - VDOT Road Design Manual 8-1-12 800 141 • • • 6 315 Tasker Road Stephens City, Virginia 22655 May 15, 2019 John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 PH (540) 868-1061 Fax (540) 868-1429 www.Fredericl(Water.coni RE: Rezoning Application Comment Berlin Steel Rezoning Application Tax Map Number: 86-A-179C 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. ANNIVERSARY Water At Your Service A__7MMy �-Ip z"W Z Page 2 0 # Berlin Steel rezoning application John Lewis . May 15, 2019 Facilities for conveyance of water to the subject properties do presently 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. Sincere YI. r: • Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department Dick Helm, Frederick -Winchester Service Authority Frederick Water Board of Directors 0 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. From: Rod Williams Sent: Wednesday, May 29, 2019 1:40 PM To: office( �painterlewis.com 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 littps://www.fcva.us/home/showdocument?id=1022, the use of which I 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 0 10 County Attorney Frederick County, Virginia •107 North Kent Street Winchester, VA 22601 540-722-8383 r-willia(p-),fcva.us From: Rod Williams Sent: Tuesday, May 7, 2019 9:42 AM To: office@ painterlewis.com Cc: Candice Perkins <cperkins@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(cD,fcva.us • 9 0 • �' U Z LIM' fi% d Twq =I-Z- - Ridings Property 280 Ridings Lane White Post, VA 22663 Property: 17.09 acres PARCEL ID: 86-A-179C Berlin Steel Real Estate Property 201 Ridings Lane White Post, VA 22663 Original Rezoning #: 02-01 Property: 23.34 acres • PARCEL ID: 87-A-12 Opequon Magisterial District August 13, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1902002 IMPACT ANALYSIS WTEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C I] IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section no/710 i. INTRODUCTION 2 v A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. LOT CONSOLIDATION 6 • 0 IMPACT ANALYSIS OATEMENT is PARCEL ID 87 ((A)) 12 & 86-A-179C • L INTRODUCTION Berlin Steel is a steel fabrication facility located on a 23.34 acre lot which contains 17.9467 acres zoned M1-Light Industrial District and 5.3933 acres zoned RA -Rural Agricultural District. Adjacent to the Berlin Steel lot is the Ridings lot which contains 17.0915 acres zoned RA. Under this rezoning application, Berlin Steel proposes to rezone the 5.3933 acres remainder of Parcel #87-A-12 from RA to M1 and Ridings proposes to rezone 10 acres of Parcel #86-A-179 from RA to M1. It is anticipated that with a successful rezoning, Berlin Steel will acquire the 10 acres from Ridings. Please refer to Exhibit 1 for a property overview map and Exhibit 2 for a metes and bounds illustration of the areas to be rezoned. Parcel #87-A-12 was the subject of a rezoning in 2001 when 14.43 acres of the parcel was rezoned from RA to M1 with proffers. These same proffers will be applied to the proposed areas of rezoning. A. SITE SUITABILITY The subject parcels are located on Ridings Lane which intersects Route 277 about 3,200 feet east of Hudson Hollow Road. This site is suited for rezoning to the Light • Industrial District. The Eastern Frederick County Long Range Land Use Plan designates these parcels as "Industrial". The parcels are within the Sewer and Water Service Area. Public water serves the current site of Berlin Steel. There is no public sanitary sewer service. The current operation of Berlin Steel is adequately served by an on -site sewage disposal system. The proposed rezoning of 15 acres will not require an increase in sanitary sewer disposal capacity. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0200 B shows the subject area to be outside of any flood hazard zone. WETLANDS No jurisdictional wetlands have been identified on this site. Parcel #86-A-179C contains a 3+/- acre pond that was constructed in the 1970s. The pond is located in an uplands area with no perennial stream connection to other waters. STEEP SLOPES The properties generally slope toward an intermittent tributary to Crooked Run. Slopes increase in severity as they approach this intermittent tributary. Slopes which approach 25% can be found on the eastern portion of the site near the tributary. MATURE WOODLANDS Mature woodlands generally cover the land to be rezoned on Parcel #87-A-12. Mature woodlands are located generally along the southern and eastern portions of Parcel #86- 2 IMPACT ANALYSIS •ATEMENT i PARCEL ID 87 ((A)) 12 & 86-A-179C A-179A. Much of these woodlands would be cleared to allow the development of usable • areas on the parcels. Typically, the woodlands located at the perimeters of the parcels, that is, along the boundaries would remain untouched to serve as visual screening to adjacent lands. 0 • SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: Zoar silt loam (44B), Weikert-Berks channery silt loam (41 C), and Berks channery silt loam (1 B). These soils are generally shallow to moderately deep and formed from weathered shale or sandstone. The unified soils classifications are GM, ML, and SM. Weathered bedrock can be expected at relatively shallow depths around 30 inches below the ground surface. B. SURROUNDING PROPERTIES The property to be rezoned is surrounded by residential and vacant properties which are zoned RA. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 86-A-179 Carlson, ShirleyC RA Vacant 86-A-179E Ridings, Mary F RA Residential 87-A-12E Four Winds Land Holdings LLC RA Vacant 86-A-479D Liberty Baptist Church RA Church 86-A-12C Calhoun, Amanda D RA Residential 87-A-179A Carlson, ShirleyC RA Residential 87-A-12D Ar h ris, Gary & Pierce, Barbara RA Residential 87-A-12F Hazelwood, Lori Brian RA Residential Development of the proposed areas to be rezoned will create the requirement for buffers and landscaping along adjacent properties in accordance with Section 165- 203.01 of the Frederick County Zoning Ordinance. Adjacent parcels are zoned RA. Those parcels used primarily for residential purposes would require a Category C buffer. Existing, mature woodlands would typically be reserved within the inactive portion of the buffers to provide at least a portion of the landscaping requirement. C. TRAFFIC Access to the parcels is via Ridings Lane from Route 277, a Minor Arterial Road. According to figures from the Virginia Department of Transportation, the traffic on route 277 at this location is 8500 vehicles per day. Ridings Lane provides access to Parcels #86-A-179E, #86-A-179C, and #87-A-12. The access has been designed to provide adequate space for existing and anticipated traffic including truck traffic associated with the current Berlin Steel facility. Berlin Steel currently has 34 on -site employees. 3 IMPACT ANALYSIS *�TEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C Traffic generation estimates for Berlin Steel can be made using the ITE Trip Generation Manual, 9"1 Edition, Volume 2. Trip estimates are based on a future projected, maximum employee count of 50. The estimates are shown below. TRAFFIC IMPACT: DATA SOURCE: ITE TRIP GENERATION MANUAL-9t" EDITION -VOLUME 3 Land Use 110 General Light Industrial Trips based on number of employees: 50 employees Weekday: 3.02x50=151 trips (50% entering, 50% exiting) AM Peak Hour: 0.48x50=24 trips (87% entering, 13% exiting) PM Peak Hour: 0.51 x50=26 trips (29% entering, 71 % exiting) Saturday: 0.48x50=24 trips (50% entering, 50% exiting) Saturday Peak hour: 0. 5x50=3 trips (47% entering, 53% exiting) Sunday: 0.26x50=13 trips (50% entering, 50% exiting) Sunday Peak hour: 0.04x50=2 trips (48% entering, 52% exiting) D. SEWAGE CONVEYANCE AND TREATMENT The site is not within the limits of the Frederick County Sewer and Water Service Area. There are no public sewerage facilities serving the immediate area. These parcels and • the adjacent parcels are served by individual, private, on -site sewage disposal systems. The Berlin Steel facility is served by a pretreatment and discharging system. This system is monitored yearly by the Virginia Department of Environmental Quality under Permit No. VAG 408427. The maximum treatment volume attributed to the disposal system is 1000 gallons per day. It is not anticipated that the proposed rezoning will result in additional sewage treatment. 0 E. WATER SUPPLY The site receives domestic and fire flow from Frederick Water. The water demand is essentially limited by the sewage treatment capacity. It is not anticipated that the proposed rezoning will result in additional water demand. F. DRAINAGE An increase is stormwater runoff can be expected with any development on the property. Stormwater management will be provided in accordance with the Frederick County Code, Chapter 165 and Chapter 143. With the development of this site a storm water management system would be implemented to control any added flow created by the new impervious areas. 4 IMPACT ANALYSIS OATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C 0 G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located approximately four miles south and east of the site on Route 522. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately one pound of solid waste per employee per day that will be transported to the landfill. The anticipated maximum number of employees is 50, including field erectors. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that the annual cost in tipping fees will be about $325. H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest known battlefield is the site of the Second Battle of Kernstown located approximately four miles to the northwest. The Rural Landmarks Survey Report lists several structures within • approximately one mile of the site, which were inventoried due to the age of the structures, but these are not considered architecturally or historically significant sites. Please refer to Exhibit 3. A copy of the Civil War Battlefields and Sites map has been included on the following pages. The subject parcels do not lie on any Civil War Battlefield sites. Please refer to Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Stephens City Fire and Rescue Station 11 located . approximately three miles to the west of the property in Stephens City. No additional fire 5 IMPACT ANALYSISOATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C • and rescue facilities will be required for the area proposed to be rezoned. The owner recognizes the importance of emergency services and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION • • There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning, a boundary line adjustment between TM#86-A-179C and TM#87-A-12 will occur and the 10 acres area on Lot 179C will be consolidated with Lot 12. Consolidation will eliminate interior lot lines. Existing access easements will be maintained. Con IMPACT ANALYSIS IDATEMENT PARCEL ID 87 ((A)) 12 & 86-A-179C 0 APPENDIX EXHIBIT 1A PROPERTY MAP EXHIBIT 1 B METES &BOUNDS MAP EXHIBIT 2 TOPOGRAPHIC MAP EXHIBIT 3 HISTORIC STRUCTURES MAP EXHIBIT 4 CIVIL WAR BATTLEFIELDS MAP EXHIBIT 5 PROPERTY DEEDS 9 86-A-179E 1.1046 ACRES ZONED: RA 3E: RESIDENTIAL 86-A-179 34 ACRES ZONED: RA USE: VACANT NOT01'41' 91.3( N43'53'49" 131.0E S54'22I23'E 158.79 S54'22'26"E 8.00' 86-A-179A 1.00 ACRES — ZONED: RA USE: RESIDENTIAL 001. 500 0 500 Scale in Feet S83'35'00'E 133.04' ROUT-\277 658 ACRES / F�/RF�i A 1 rV ZONED: RA A7/FF USE: CHURCH 87-A-12C 6.41 ACRES ZONED: RA USE: RESIDENTIAL \ 87-A-12D \ 13.29 ACRES ZONED: RA USE: RESIDENTIAL 87-A-12 21�4 ACRES ZOFFIND: �—� USE: INDUSTRITRL AL \ 87-A-12F g 87-A-12 I7o - - 5.3933 ACRES 86-A-179C ZONED: RA B g At;. USE: VACANT_ 7.09'ACRES N84'14'571v--1 r w�. ZONED: RA a 66.49' �m s� SE: RESIDENT lb — �"' 't EX 20' \ DRAINAGE ,K \ 2`� EASMENTry N5T 18'05'V1 132.76 87-A-12E a 28.459 ACRES \ ZONED: RA \ USE: VACANT 1Y �� \ 86—A-218 \ 94 ACRES ZONED: RA \ USE: VACANT \ 2.00 ACRES \ ZONED: RA USE: RESIDENTIAL \ n� ham' b h 1 A h 2� EXISTING ZONING LINE N3741'541 101.34' PROPOSED REZONING L1MfTS AREA TO BE REZONED=15.3933 ACRES 10 ACRES ON TM86-A-179C 5.3933 ACRES ON TM87-A-12 87-A-13 30.96 ACRES ZONED: RA USE: RESIDENTIAL I PAINTER-LEWIS P.L.C. PROJECT: SURVEY: C.I.: RIDINGS PROPERTY 2.: 817 Cedar Creek Grade, Suite 120 BERLIN STEEL PROPERTY DRAWN BY: JOB NO.: Winchester, Virginia 22601 FREDERICK COUNTY, VA. P—L 1902002 Telephone (540)662-5792 PROPERTY MAP SCALE: DATE: CONSULTING Facsimile (540)662-5793 SHOWN 4/11/19 ENGINEERS Email office®painterlewis.com SHEET: EXHIBIT 1 A • I Aj x 300 0 300 / Scale in Feet R 39 \ 1 /86—A-1- 10.00 79 AC S - ZONED/RA E: R/EXIDENTIAL 1 8�9 86—A-179C 8 7.094CRES c" ' `a �\ZONED: RA / \USE: RESIDENTIAZ Ak ��D s� 87—A-12 S01• 5.3933 ACRES / s ZONED: RA — SgR2• USE: VACANT F\ � s� .,, N 32' 41 ' 54"E 101.34' PAINTER-LEWIS, P.L.C. PROJECT: SURVEY: C.I.: 17 Cedar Creek Grade, Suite 120 RIDINGS PROPERW RERUN STEEL PROPERTY NA 20' DRAWN DRAWN BY: JOB No.: Winchester, Virginia 22601 FREDERICK COUNTY �/�;. 1902002 SCALE: DATE: Telephone (540)662-5792 TO BE REZONED CONSULTING Facsimile (540)662-5793 METES & BOUNDS MAP SHOWN 19 SHEET:EXHIBIT ENGINEERS Email office®painterlewis.com 113 1000 I . w l Scale in Feet 1000 you ,. ; -��;• �-. ry1. ,_ ; .���, , .' - PAINTER-LEWIS, P.L.C. PROJECT: SURVEY: 20 RIDINGS PROPERTY NA 817 Cedar Creek Grade, Suite 120 RERUN STEEL PROPERTYDRAWN BY: iaB NO.: Winchester, Virginia 22601 FREDERICK COUNTY, VA. P-L 1902002 raw Telephone (540)662-5792 SCALE: DATE: 540 662-5793 TOPOGRAPHY sHowN 4/4/19 Facsimile CONSULTING ( ) ENGINEERS Email office®pointerlewis.com SHEET: _ uscs Ah F-A -1 LLJ Uj (nox LLj DX, U) 0 :D 0 L'i _j =0y ENO C :3 ILL cli CL CU o U UU >! RVEY: SU PAINTER-LEWIS, P.L.C. PROJECT: NA RIDINGS PROPERTY NA 817 Cedar Creek Grade, Suite 120 13ERUN STEEL PROPERTY DRAWN BY: JOB NO.: Winchester, Virginia 22601 P-L 1902002 Telephone (540)662-5792 FREDERICK COUNTY, VA.SCALE: DATE: CONSULTING Facsimile (540)662-5793 RURAL LANDMARKS SHOWN 4/4/19 ENGINEERS Email off ice@painterlewis.com I SHEET: EXHIBIT 3 0 0 • Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernstown Sites (Fortifications) 10 Parkins Mill Battery 111864 Winter Line 12 Carriesbrooke Redoubt 13 Hillandale Works 1419th Corps Entrenchments 15 Star Fort 16 Fort Collier 17 Zig-Zag Trenches L_J Civil War Sites Civil War Battlefields O Star i 00.51 2 3 4 5 6 1 1 1 I I I I Miles Renolds Store Cross Junction Gainesbor6 Gore Shawneeland O 7 14 _ A Civil War Battlefields & Sites (As Defined by the NPS Shenandoah Valley Civil War Sites Study) Clear Brook O Stephenson Abin 3 O O 64 37 Round 4 622 Hill ••is'• heste16 •�• 8 • Wincr r•\ 7 1 2 % %9 522 37 .. 12 10 13 �• -VA' 17 n 11 41cX CoG a 2030 Comprehensive Plan w Adopted July 14, 2011 .•'w ORDINANCE Action: PLANNING COMMISSION: October 16, 2019 Public Hearing Held; Tablcd for 60 days December 18, 2019 Public Meeting Held, Recommended Approval BOARD OF SUPERVISORS: .Ianuary 22, 2020 Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 1103-19 BERLIN STEEL REAL ESTATE, INC. NN'IIEREAS, REZONING #03-19 Berlin Steel Reel Estate, Inc., submitted by Painter -Levis, P.L.C. to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers, with a final revision date of November 18, 2019. The subject property is located at 280 Ridings Lane which intersects with Route 277, in the Opeduon Magisterial District, and are identified by Property Identification Numbers 86-A-179C and 87-A- 12; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 16, 2019 and tabled the rezoning for sixty (60) days ; and WHEREAS, the Planning Commission held a public meeting on this rezoning on December 18, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on .Ianuary 22, 2020; and NYIIEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of•Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M I (Light Industrial) District with proffers, with a final revision date of November 18, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Gene E. Fisher Aye .Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Kris . 11 e ie Frederick Cou y Administrator BOS Res. #047-20 0 0 is 7. Taxes Current TM#87-A-12 • 0 4/19/2019 • 0 Fredorick County Taxos Paid COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOFF, Jlt Real Estate Taxes Paid for Tax Year 2018 Map Number: 87 A 12 Name: BERLIN STEEL REAL ESTATE INC i1clll- Ilt�l, l-j l.. \ltulm I)ill D,11' --_-- — i)l'\CI 11mol1 RE2018 2833 1 8025957 4/27/2018 17.94 ACRES - _— --- ---- -- $6,017.65 RE201 81 2833 2 _ 8025957 4/27/2018 17.94 ACRES _ _ _ _ _ $6,017.65 Total Paid: $12,035.30 This 11110LIllt represents pa),IllcntS alll)licd during calendar )scar 2018 and does not include P(',nalty, ]ntei'('st of Credit Card Fecs. Close this Window Print This Page -_ https:llfctaxes.co.frederick.va.us/Applications/TR_PayTaxes/PrintYearlyTaxes.aspx as • 6. Taxes Current TM#86-A-179C 0 ,1/19/2019 Frodorick COL111ty TaXOS Paid COUNTY OFFIZEDERICK 11.0. 130X 225 \VINCI IESTER, VA 22604-0225 • C. WILLIAM ORNIJOFF, JR Real Estate Taxes Paid for Tax Year 2018 Map Number 86 A 179C Name: RIDINGS DENNIS L Ova ip(ioll REL2018 1 8025675 4/27/2018 17.09 ACRES $1,674.15 -R-E-2--0--18—_ L327-87 2 8025675 4/27/2018 17.09ACRES $1,674.14 Total Paid: $3,348.29 Tills amount represents payments 11)1)llecl during calendar year 2018 and does not 111cilicle Penally, IIltcl*cst of Credit Card Fees. Close this Window Print This Page E I)ttps:llfctaxes.co.frederick.va.uslApplicationsITR_PayTaxesIPrintYearlyTaxes.aspx m 0 4. Deed To Parcel TM#86-A-179C • 0 0551 • SURVEYOR'S CERTIFICATE I, ELLIOTT RITCHIE, JR., A DULY AUTHORIZED LAND SURVEYOR IN THE STATE OF VIRGINIA DO HEREBY CERTIFY THAT THE LAND EMBRACED IN THIS SUBDIVISION AND BOUNDARY LINE ADJUSTMENT, IS ALL OF THE LAND ACQUIRED BY DENNIS L RIDINGS, BY A DEED DATED MARCH 15, 1991 AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 757, PAGE 1083. /r AA6e ELLIOTT RITCHIE. JR. C.L.S. RESJ1318 DAT IS � SITE � J VICINITY MAP (NOT 70 SCALE) NOTES 1. NO TITLE REPORT FURNISHED. 2. Dennis L Ridings Beverley S. Ridings — PIN=86—A-179C Dennis L Ridings — PIN=87—A-12 3. All land is Zone RA OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION AND BOUNDARY LINE ADJUSTMENT OF THE LAND OF DENNIS L. RIDINGS, AS IT APPEARS ON THE ACCOMPANYING PLATS IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES AND WISHES OF THE UNDERSIGNED OWNERS, PR PRIETORS, AND OR TRUSTEES, IF ANY. 9 23 D7 OENNIS L. RIDINGS TE NOTARY P LIC I, AC�yqr�, , A NOOTTA,RRY� PUBLIC IN AND `FOR THE STATE OF VIRGINIA, AT LARGE, DO CERTIFY THAT WHOSE NAME IS SIGNED ON THE FOREGO;NG OWNER'S CONSENT, HAS ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE. V icoir6a- A GIVEN UNDER MY HAND THIS 2--3_ DAY OF DOUKE \raicr,c MY COMMISSION EXPIRES f 1 1 Dennis L Fiiduxgs 17.0915 ACRES i PIN-86-A-179C LOT 8 Dennis L fl &93 17.944E ACRES PIN=87-A-12 ILOT A i LTH Op Dennis L Fd'ungs I / h I 33.&SM ACRES PIN=87-A-12 L) ELLIUH RITCHIE, APPROVALS L------------------------ --� CERTIFICATE NG 3 INSERT MAP VIRGINIA DEPART NT OF TRANSPORTATION pa;llDATE ­­1­­1`=soo' Mcey-"r4'�h nH 03 FREDERICK COUNTY SUB IVISION ADMINISTRATOR DATE No. 1318 ' Co rjssim Fxv res July JR: a 20 UO``'`�: \jh FINAL PLAT SUBDIVISION AND BOUNDARY LINE ADJUSTMENT ON THE LAND OF DENNIS L. RIDINGS OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1 "=300' MAY 1. 2003 PAINTER—LEWIS, P.L.C. 302 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 22601 540-662-5792 Sheet 1 of 2 FINAL PLAT SUBDIVISION AND BOUNDARY LINE ADJUSTMENT ON THE LAND OF DENNIS L. RIDINGS OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1 "=300' MAY 1. 2003 PAINTER—LEWIS, P.L.C. 302 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 22601 540-662-5792 Sheet 1 of 2 r� U Lee Ridings Mary F. Ridings D.B.754. P.1698 i Zoned:RA Use:Residentlal ' PIN-86-A-179E S_ 21 E 713.28' 2645 64 --�N N5' *2 9� .W OT I 55422'26E N . 1 8.00' \ i ` S8414'57'E N43�5.3.49 86.49' ry e ^ 1 Ex. 20' Drainage Esmt ewv.• /v N� 1 / P// ex� ems• to z rn John Max Leight-�--- o' L S 324_W Joann G. Leight , D.B.891, P.628 I- Zoned:RA Use:Residential N PIN-86-A-218 Iw LOT A 1 33.85555 ACRES 1 Dennis L Ridings D.B.437, P.92 D.B.754, P.1706 33.8555 Acres Zoned:RA 1 Use:Vocant New PIN=87-A-12E 1 1 --��--�--_N 3741'S4" E-1283.38--�•--,_--� James Maurice Fansler D.8.584, P.380 Zoned:RA Use:Residential I PIN-87-A-13 C%WAWnNWVR0NGATEyti Vg1SbdNW-V snlrleeyy C. Corlson W.BP.340 Zoned:k Use:ReaidenUol PIN-86-A-179 45.35- W 598.77' 3 1 �f t� ►�r„'-ror� Lae^:: I lo,* 1.434 A. POND Ilawd Y1 h I ^lw,e.a I � I 17.0915 ACRES - J PIN=86-A-179C • -' c. «.�j Zoned:RA i1 ml Use:Residentiol i a rl Ifb I +off_• 350 I50, I`e 8.1 Iz A INW rwl 1 +� i lE� oclo, { IEo Eol"''1 I0. oNl9 IiN vvl I a a � of � SD340yAc� I�m 0 1 : _ 4535 W ^ S 26'r-- 1 % { f LR 52459.09 ' e"�i t s.e3+a rc. w.. LOT B r 1__5470734_E 17.944a ACRES Dennis L. Ridings D.B.437, P.92 / liberty Baptist D.B.754, P.1706 ► 0.8.692• P.867 15.834 Acres Za�"� Use:Church Zoned:M-1 1 PIN-86-A-1791 Use:lndustrial , PIN-87-A-12 James A. Calhoun D.B.B83. P.568 v Zoned:RA a Use:Residential PIN-87-A-12C /� ~;------- 2. aS M h 1 rn 1 Glen A. Smith /Dru E. Smith D.B.659, P.732 aF + Zoned:RA J PIN-87-A-12D 1 yTH Op Church 4. Original Area Tabulation PIN 86-A-179C = 19.2023 Acres es. PIN 87-A-12 - 49.6895 Acres N Total = 68.8918 Acres P��� Lot Area Tabulation PIN 86-A-179C = 17.0915 Acres PIN 87-A-12 (Lot A) - 33.8555 Acres PIN 87-A-12 (Lot B) - 17.9448 Acres Total = 68.8918 Acres NOTES The Owners of Lot A. Lot B and the 17.0915 Acre do hereby agree to attached plot showing their Co Shared Buffer and Screening Easement. The Maintenance of Trees located on Lot A and the 17.0915 Acre Tract will be the responsibility of the owners and successors of Lot B in perpetuity. This shored Buffer as shown, meets the approval of Frederick County and satisfies the Buffer requirements. As of the date of this plot there is no approved droinfield site for LOT A. .fir ^� l — +, EWOTT RiTCHIE, JR. 9 CERTPCATE N0. No. 1318 Revised:6-5-03 FINAL PLAT SUBDIVISION AND BOUNDARY LINE ADJUSTMENT ON THE LAND OF DENNIS L.. RIDINGS OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA• SCALE:1 "=300' MAY 11 2C PAINTER—LEWIS, P.L.C. 302 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 22601 540-662-5792 Sheet 2 of 2 • VIRGIMA: FREDERICK COUNTY, SCT. This instrument of writing was produced to a� nte on '�- at I ' ~— ADA with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1.802 of S , and 58.1-801 have been paid, if assessable *L Clerk • 0 Cal CJ' 1 CID • • 4�0, 21105,001 11.0/sk 3/13/91 Flazel&'� lamas 8K757PCI083 THIS DEED made and dated this 15th day of Harch , 1991, by and between Dennis L. Hidings and Beverley S. Ridings, his wife, hereinafter referred to as Grantors, and Dennis L. Ridings and Beverley S. Riclings, his wife, hereinafter referred to as Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general warranty of title, unto the Grantees, as tenants in common, the following described property and appurtenances thereunto belonging: All of that certain tract of land located on the southern side of the Stephens City - Double Toll Gate Road, Route 277, and situate in Opequon Magisterial District, Frederick county, Virginia, containing 19.2592 acres, more or less, being more particularly described on that certain plat made by Elliott Ritchie, Jr., L.S., dated January 29, 1991, revised March 1, 1991, and recorded in the Office of the Clerk of the Circuit Court of Frederick county, Virginia, in Deed Book 151 at Pagej�, which plat is by reference made a -art hereof as if set out in full, and being a portion of the same property acquired by Dennis L. Ridings and Betty A. Ridings (a/k/a Elizabeth A. Ridings), his wife, jointly, as tenants by the entireties, with common law right of survivorship, by deed from Arthur M. Martin, et al, dated October 25, 1974 and recorded in the aforesaid Clerk's Office in Deed Book 437 at Page 92. The said Betty A. Ridings has since died, thereby vesting all of her right, title and interest in this property in Dennis L. Ridings. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements, rights of way and • 0 07,7"'71, Hazel&ihornas BK757PGI0B4 deeds of trust affecting the subject property. The Grantors covenant that they have a right to convey said property to the Grantees; that they have done no act to encumber said property; that they will execute such further assurances of title to said property as may be requisite; that they are seized in fee simple of the property conveyed; and that the Grantees shall have quiet possession of said property free from all encumbrances. WITNESS the following signatures and seals: at_ (SEAL) Dennis L. Ridings S!Ll1G1L'li 6CL//1' (SEAL) Beverly S. RidingV STATE OF VIRGINIA AT LARGE 6Nn ,_ OF &Q , To -wit: The foregoing instrument was acknowledged before me by Dennis L. Ridings and Beverley S. Ridings, his wife. IIGiven under my hand this 1 41 day of ff)(1)-Ci 1 _, 1991. I� n•- � 'I My Commission expires : ^ �i l✓ I� 4 At P t. .__'� Ati ., II Notary Public VlWfY.A: FREDERr-K COMM BCi. 'f i:is irr t trrt>unt yd �v:ritingwas prod000d � to mo on the _11aY V�.�+N-I ;+ scxnoxhdgrnont thereto nnnered was ad,rittod to record. i uat CLERK -2- • 0 5. Deed To Parcel TM#87-A-12 • 0 180005263 r ' c y DEED OF BOUNDARY AD TUsTMENT _ THIS DEED, dated this day of V 2018, is made by and between FOUR WINDS LAND HOLDINGS, LLC, a Virginia limited liability company, grantor herein and party of the first part; and BERLIN STEEL REAL ESTATE, INC., a Virginia corporation, 7 grantee herein and party of the second part. WHEREAS, by Deed dated May 6, 2016, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, S Virginia, as Instrument No. 160003983, NVA Properties, LLC, a Virginia limited liability company, conveyed unto Four Winds Land Holdings, LLC, certain real property described as (n O All that certain lot or parcel of land, situate in the (� Opequon Magisterial District of Frederick County, Virginia, described •Vb1/ -o a v' and as containing 33.8555 acres, more or leas, being more particularly shown and designated as Lot A on a S plat entitled ^FINAL PLAT SUBDIVISION AND BOUNDARY LINE q ADJUSTMENT OF THE LAND OF DENNIS L. RIDINds", prepared by V ' Elliot Ritchie, Jr., L.s., dated May 1, 2003 and recorded in n the Clerk's Office of the Circuit Court of Frederick County, t 2 Virginia as Instrument Number 030012398. + L `� O AND WHEREAS, by Deed dated April 17, 2012, and recorded in the aforesaid Clerk's Office as Instrument No. 120003886, NVA Properties, LLC, a Virginia limited liability company, conveyed unto Berlin Steel Real Estate, Inc., certain real property contiguous to the above parcel and described as All that certain lot or parcel of land, together with all rights, rights of way, privileges, appurtenances and 0 .T' improvement© thereto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, described as Lot B, containing 17.9448 acres, more or lees, and more particularly described by final plat drawn by -D Elliott Ritchie, Jr., L.C., dated May 1, 2003 of record in the Office of the Clerk of the Circuit Court of Frederick o County, Virginia, as Instrument Number 030012398. W AND WHEREAS, the two parcels are adjacent, and it is the N intent of the parties hereto to adjust the boundary between said parcels as indicated by the plat of survey prepared by Preston M. Humphreys, L.S., dated January 25, 2018, and attached hereto. W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Four Winds Land Holdings, LLC, as party of the first part, does hereby grant and convey, with general warranty, unto Berlin Steel Real Estate, Inc., all of its interest in the following land: All of that certain tract or parcel of real estate, situate, lying and being in Opequon Magisterial District, Frederick County, Virginia, containing 5.3965 acres, being more particularly designated on that certain plat of survey dated January 25, 2018, prepared by Preston M. Humphreys, L.S. attached to this deed and incorporated herein by reference. The land conveyed herein is to be merged with the existing Berlin Steel Real Estate, Inc., parcel (TM 87-A-12) to create a parcel of 23.3413 acres, more or less. BEING a portion of the land conveyed unto the Grantor herein by Deed dated May 6, 2016, from NVA Properties, LLC, a Virginia limited liability company, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 160003983. The residual parcel retained by Four Winds Land Holdings, LLC (TM 87-A-12E) shall contain 28.4590 acres, more or less. The parties furthermore hereby vacate those certain common 0 0 0 shared buffer and screening easements as shown on the attached plat-. A reference to the aforesaid records, and to the references therein contained, is here made for a further and more particular description of said land. It is expressly stipulated that said land is conveyed subject to all applicable or legally enforceable restrictions, easements, reservations and obligations, if any, of record affecting same. Except as noted above the aforesaid grantor covenants that it has the right to convey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that it has done no act to encumber the said land; and that it will execute all such further assurances of the said land as may be requisite. WITNESS the following signatures and seals: • k�'_ (SEAL) Be amin Rose, member -manager Four Winds Land Holdings, LLC STATE OF Y:�� CITY/OY OF�ST� to -wit: �����YIvI/in/M t I�Ls1 Fjj �c� a Notary Public in and for the Jurisdiction aforesaid, do hereby certify that Benjamin Rose, whose name is signed to the foregoing Deed in hie capacity as member -manager of Four Winds Land Holdings, LLC, has this day personally appeared before me and acknowledged the same. Given under my hand this day of '.'uNb 2018. My commission expires ni{� 01 z Z NOTARY PUBLIC Commonwealth of Virginia No P tic Reg. # 7318372 -- __... 0 • 0 • • 1� u 1,.T (SEAL) o MARK Oper O i President, tions W G Berlin Steel Real Estate, Inc. STATE OF CITY/COUNTY OF , to -wit: I` '�A��ro , a Notary Public in and for the Jurisdiction aforesaid, do hereby certify that Mark Lajoie, whose name is signed to the foregoing Deed in hie capacity as Vice President - Operations of Berlin Steel Real Estate, Inc., has this day personally appeared before me and acknowledged the same. Sf f Given under my hand this day 34'e—, 17 of 2018. dr5.., �,,• My commission expires - � - _ ,. Z z-- i P,f�.. K Notary lie } �. This instrument was Preparedd by Frederick S. Vandy (VSD 39515) UON Adrian A Voudy, P. L.C. S%AC9 UO� 125 Mast Eoscawan Street V*rpgUU'k1N Winchester, Va. 22601 nil R 11 Rr4 nuo� BOUNDA�� LINE ADJUSTMENT BETWEEN FOUR WINf'SLAND HOLDINGS LLC AND BERLIN STEEL REAL ESTATE INC, OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA --v 0 ca cn APPROVED BY FREDERICK COUNTY: OWNERS CONSENT: THIS BOUNDARY LINE ADJUSTMENT IS APPROVED BY THE THIS PLAT WAS MADE WITH THE FREE CONSENT UNDERSIGNED IN ACCORDANCE WITH THE FREDERICK AND IN ACCORDANCE WITH THE DESIRES OF THE COUNTY ORDIN6NCE UNDER SECTION 144-14. UNDERSIGNED OWNERS, PROPRIETORS, AND/OR IF TRUSTEES. DATE SUBDIVISION ADMINISTRATOR DATEL a20S BENJAMIN ROSE FOUR WINDS LAND HOLDINGS LLC L� I: Psi STATE OF VIRGINIA, COUNTY OF arr6? �� IIZS�IS PcTHIS OWNERS CONNT WAS ACKNOWLEDGED vPRESTON M. 2 o €s BEFORE ME THIS c2O DAY OF �2018. D HUMPHREYS �-, Lic. No. 3232 �Q � NOTARY OLIBLIC S UR'joO � MY COMMISSION EXPIRES: 3/ .709 NOTARY 9079 SURVEYORS CERTIFICATE PREPARED BY.• I, PRESTON M. HUMPHREYS, A DULY LICENSED LAND SURVEYOR, DO PIONEER LAND SURVEYS PLC P.O. BOX 1012 HEREBY CERTIFY THAT I HAVE CAREFULLY SURVEYED THE LAND FRONT ROYAL, VA22630 DELINEATED HEREON; THAT IT IS CORRECT TO THE BEST OF MY 540-631-0700 KNOWLEDGE AND BELIEF; THAT IT IS A PORTION OF THE LAND SCALE DATE -DR-AWN-BY- CONVEYED TO FOUR WINDS LAND HOLDINGS LLC BY DEED RECORDED 1" = 200' JAN. 25, 2018 PMH AT INSTRUMENT #160003983 AMONG THE LAND RECORDS OF JOB: PAPER ME SHEET: FREDERICK COUNTY, VIRGINIA; THAT IT IS WITHIN THE BOUNDARIES FR15-SS 8.5" x 14" 1 OF 2 THEREOF; AND THAT IRON PINS HAVE BEEN FOUND OR SET AS SHOWN REVISIONS: HEREIN. DRAWING FILE ROSE Rl.dwg BOUNDP `� LINE ADJUSTMENT BETWEEN FOUR WINPW LAND HOLDINGS LLC AND BERLIN STEEL REAL ESTATE INC, OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA O zLu / s/ / / / / BERLIN STEEL REAL ESTATE INC T.M. # 87-A-12 INST.#120003886 ZONED: M1 / USE: INDUSTRIAL / / 17.9448 AC. / + 5.3965 AC. 23.3413 AC. EXISTING 50' ACTIVE COMMON SHARED BUFFER AND SCREENING EASEMENT HEREBY, VACATED PROPERTY LINE (L� HEREBY CREATED NOTES: 1. THE LAND BOUNDARY ON THE 5.3965 AC. BOUNDARY Agj�DJUSTMENT AREA IS BASED N A CURRENT FIELD SURVEY. NO TITLE REPORT FURNISHED. THIS PROPERTY IS SUBJECT TO ANY ADDITIONAL EASEMENTS AND/OR COVENANTS THAT MAY NOT BE SHOWN HEREON. LINE TABLE LINE BEARING DISTANCE 6 S 56.06'39" E 635.04' L2 S 32.07'25' W 275.77' L3 S 32.41'54" W 101.34' L4 N 54.42'39" W 638.32' L5 N 32.41'55" E 361.44' P>TH OF 1/Z5/j I� 0 PRESTON M. 4' / )HUMPHREYS y Lic. No. 3232 `ZD SURJ 2 PROPERTY LINE (L1) 20��yFO HEREBY VACATED —5.3965 AC. \ h� PORTION OF \ T.M.#87-A-12E \ HEREBY ADDED TO %? \ T.M.#87-A-12 �l Q EXISTING 350' INACTIVE—' COMMON SHARED BUFFER AND SCREENING \ EASEMENT IS HEREBY VACATED / FOUR WINDS LAND HOLDINGS LLC T.M. #. 87-A-12E INST.#160003983 ZONED: RA USE: RESIDENTIAL 33.8555 AC. - 5.3965 AC. 28.4590 AC. REMAINS ' a�;)o,(k� "I J LEGEND O= IRON REBAR FOUND 0 = IRON REBAR SET PREPARED BY.• PIONEER LAND SURVEYS PLC P.O. BOX 1012 y FRONT ROYA, VA 22630 540-631-0700 1" = 200' IJAN. 25, 2018 IPMH JOB: PAPER SIZE I SHEET. FR15-55 8.5" x 14" 12 OF 2 REVISIONS: DRAWING FILE ROSE R1.dwg v,tKt.ifN1A: Fh jDER1CK CUUNTY.SUL This instrument of writing was produced to moon at and with certificate acknowledgement thereto aanne)wd was admitted to record. Tax imposed by Sec. 58.1-802 of $ and A 1-801 have been paid, if assessblo. 0 0 w 0 0 • 7563-10080 EBY/cmj • T .n 0 12000388E THIS DEED, made and dated this 17'h day of April 2012 by and between i `- NVA PROPERTIFS LLB, a Virginia Limited Liability Company, hereinafter called the Grantor, and RFRLIN STEEL REAL ESTATE INC, a Virginia Corporation hereinafter o called the Grantee. co W W ITNESSETH: That for and in consideration of the stun of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thercon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with all rights, rights of way, privileges, appurtenances and improvements thereto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, described as Lot B, containing 17.9448 acres, more or less, and more particularly described by final plat drawn by Elliott Ritchie, Jr., L.C., dated May 1, 2003 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 030012398. AND BEING a portion of the property conveyed to NVA PROPERTIES, LLC, a Virginia Limited Liability Company by Deed from Mark B. Callahan, Substitute Trustee, dated July 20,2 011 of record in the aforesaid Clerk's Office as Instrument Number 110007047. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenarits and casements of record affecting the aforesaid realty. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. 0 • 0 C] • WITNESS the following signature and seal: NVAPROPERTIES, LLC a Virginia Limited Liability Company (SEAL) KURTIS J. MARY, MANAGER Commonwealth of Virginia City/Count�yof_ F_redert'CL, To -wit: 1, _hl c7Ma 00. -Brovin a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Kurtis J. Marx, as Manager, a duly authorized officer of NVAProperties, LLC, whose name is signed to the foregoing Deed, dated this 1,F M. y of April 2012 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 0-4 day of April, 2012. Notary Public _ Commission Expires: Notary Public: 2 Wanda s. Brown Cammonwonith of Virginia Notary PuOfic Commission No 7/�1 15 f.1y Cprnmtsv551 on FxW 0 CO .1- 0 0 • • • zN NW 4O� O� � / o Op�VI 10 0 N O8J �1�L0� ♦Z IR 1a I ; Ao me �K TM 86- A-179A I r m a N/F SHIRLEY C CARLSON I 1 TM 86-A-1790 DB 77 PC 340 N/F LIBERTY BAPTIST CHURCH ZONED: RA USE: RES DENTIAL 1p I DO 692 PC 867 ZONED: RA '+� USE: RELIGIOUS III ZII Ii. OST I Z TM 87-A-12C N/F JAMES A. CALHOUN I DO 883 PC 568 ZONED: RA USE: RESIDENTIAL I TM 86-A-179 NIT SHIRLEY C. CARLSON M1 I I 1 Zmsr d7y— �r� DO 77 PC 340 1 ZONED: RA USE: RESIDENTIAL1;I110007047 944E ACRES OHM -vf \ , 1� ` io.o' 1 � 60.E 11`` 1 !1� J` L- U � ' 1 `1t1EXIS77NG SHOP BUILDING n m ' I . �m y I I 1 I x� TM 86-A-179C N/F DENNIS L. RIDINGS B BEVERLY S. RIDINGS DO 757 PC 1083 ZONED: RA •- USE: RESIDENTIAL UTILITY EASEMENT THROUGH THE PROPERTY OF NVAPROPER RES, LLC INSTRUMENT fl10007047 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, NRGINIA DATE: APRIL 17, 2012 SCALE.- 1 "-200' GRAPHIC SCALE zoo 0 100 200 400 T inch - 200 ft. ;�,TH °F 7�4,r No. 1318 "�;,ND SUR�E�04 IRONCATE-ESIIT SHEET T OFT I "'191#0' - DAS goPAINTER- LEWIS, P. L. C. 116 Forth Braddock Street Telephone (540) 692-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 1119104m�'es Email: office®painteriewis.com • CD OD VIRGINIA: FR-DERICK COUNTY.SCT. This instrument of writing was produced to me on and with certific:ne ackno%vlcdgemcnt thereto annexedr was admitted to record. Tay imposed by See. 58.1-802 of S i2' and 58.1-801 have been paid, d, � tf assessable, • �� , Clerk • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 May 10, 2019 Mr. John Lewis, PE Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning for Berlin Steel Real Estate Property Property Identification Numbers (PINS): 87-A-12, 86-A-179C Dear Mr. Lewis: I have had the opportunity to review the draft rezoning application for the Berlin Steel Real Estate Property. This application seeks to rezone 5.3933 acres of parcel 87-A-12 from the Rural Areas (RA) District to the M1 (Light Industrial) District with proffers and 10 acres of parcel 86-A-179C from the Rural Areas (RA) District to the M1 (Light Industrial) District with proffers. The review is generally based upon the application and proffer statement received on April 22, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Southern Frederick Land Use Plan. The 2035 Comprehensive Plan and Southern Frederick Land Use Plan provide guidance on the future development of the property. The 2035 Comprehensive Plan identifies this property with a rural land use designation. The proposed M1 Zoning is consistent with the Plan as it relates to this area. It is noted that the property is not located within the SWSA (please update the impact statement). 2. Planned Future Roadway. The Southern Frederick Land Use Plan shows a new minor collector roadway planned through this site. This planned roadway should be addressed with this rezoning. 3. Updated Rezoning Signed Application. Please note that the rezoning application and special limited power attorney forms have been updated. Please utilize the new forms for the final submission. On the first page of the rezoning application, please update the total acreage to be rezoned — the copy submitted shows 5.3 acres. Page 2 Berlin Steel Real Estate Property May 10, 2019 4. Proffer statement. In the introduction, revise the acreage to include the decimal point. Also, the Stephens City Fire and Rescue monetary proffer should be revised to Frederick County Fire and Rescue. 5. Common Shared Buffer. Rezoning 402-01 proffered a 400' common shared buffer between 87-A-12 and 86-A-179C. This should be addressed with this rezoning. 6. Projected Employees. Page 4 of the impact statement projects a maximum of 50 employees. Provide documentation from the Health Department that this number can be supported by the existing sewage disposal system. The proffer statement should also address the number of employees. 7. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick Water, Health Department, the local Fire and Rescue Company, and the County Attorney. 8. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $11,539 based upon acreage of 15.39 acres. All of the above comments and reviewing agency comments should be appropriately addressed and the Comprehensive Plan Amendment request concluded before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd • 0 COMMONWEAL TH of VIR GIIVIA DEPARTMENT OF ENVIR ONMENTAL QUALITY VALLEY REGIONAL OFFICE Molly Joseph Ward P.O. Box 3000, Harrisonburg, Virginia 22801 David K_ Paylor secretary ofNalural Rcsourccs (540) 574-7800 Fax (540) 574-7878 Director located at 4411 Early Road, Harrisonburg, VA Amy Thatcher Owens ww,,v.deq.virginia.gov Regional Director August 1, 2016 The Berlin Steel Real Estate, Inc. PO Box 428 Kensington, CT 06037 Re: Coverage under the General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Domestic Sewage Discharges <= 1,000 GPD Registration No. VAG408427 Facility Name: Pillar Enterprise Ltd. Facility Location: 201 Ridings Lane, White Post Dear Permittee: The general VPDES permit coverage for the wastewater treatment facility at the location noted above is being automatically renewed in accordance 9VAC25-110-70 A.2.b. Your new permit coverage becomes effective on August 2, 2016. Your 2016 general permit is enclosed and can also be found at: http://www.deq.virginia.gov/Portals/0/DEQ[Water/PollutionDischargeElimination/DSD/Domestic%2OSe wage%20G eneml%2OPertnit%2OTemplate.pdf A summary of the general permit requirements is enclosed. Please note that you are now required to submit a discharge monitoring report (DMR) and copy of the maintenance log to the Department of Environmental Quality on an annual basis. Five DMRs (one for each year of the permit term) are enclosed and instructions for filling them are also included. The monitoring period is September 1 through August 31 of each year. The DMR must be submitted no later than the loth of September following the monitoring period. The first DMR is due no later than September 10, 2017. A copy of the maintenance log shall also be submitted with the DMR. The DMR and copy of your maintenance log must be submitted to: Virginia Department of Environmental Quality Valley Regional Office P.O. Box 3000 Harrisonburg, Virginia 22801 171 Pillar Enterprise Ltd. Registration No. VAG408427 Page 2 You will also be required to keep a Maintenance Contract in force during the permit term, unless an exception to the Maintenance Contract requirement has been requested and granted by DEQ. Any ;owner may request an exception to the Maintenance Contract requirement by submitting an Operation and Maintenance (O&M) Plan to DEQ for review and approval. If you would like to request an exception to the Maintenance Contract requirement, please submit an O&M Plan to DEQ for review and approval. If ;you have a previously approved O&M Plan, do not resubmit the Plan, but please let us know of any changes that have occurred to the Plan since the time you last applied for coverage under this permit. The 2016 reissued general permit regulation and transfer of ownership form (if needed) can be found on DEQ's web page below. If you do not have web access, would like paper copies of any of these documents, or have any questions, please contact Olive B. Critzer at olive.critzer@deq.virginia.gov or 540-574-7877. Sincerely, �j BrandofnD. C�racofe Regional Water Permits & Compliance Manager Enclosures: General Permit Summary of Requirements Discharge Monitoring Reports Linda Ferguson Davie — VRO Compliance Auditor William Maddox — VRO Compliance Inspector ECM - VAG408427 DEQ Web Site for General Permits: http://www.deq.vir ig nia. ov/Programs/Water/PermittingCompliance/PollutionDischargeE]imination/Per mitsFees.aspx SUMMARY OF REQUIREMENTS FOR YOUR FACILITY The purpose of this document is to provide a summary of the requirements for your facility based on information previously provided in your registration statement for the VPDES General Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day. Monitoring Requirements EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING RE UIREMENTS Instantaneous Minimum Instantaneous Maximum Frequency Sample T e Flow (MGD) NA NL 1/year Estimate PH 6.0 SU 9.0 SU 1/year Grab BODS NA 30 mg/l 1/year Grab Total Suspended Solids NA 30 mg/l 1/year Grab E. coti NA 235 CFU/100 ml 1/year Grab NL = No Limitation, monitoring required NA = Not Applicable The monitoring period is September 1 through August 31. All monitoring data must be maintained on site. The monitoring data must also be submitted to DEQ on a- Discharge Monitoring Report (DMR) no later than the 1 Oth of September following the monitoring period. The first DMR is due no later than September 10, 2017. A copy of the maintenance log shall also be submitted with the DMR. The DMR and copy of the maintenance log must be submitted to: Virginia Department of Environmental Quality Valley Regional Office P.O. Box 3000 Harrisonburg, Virginia 22801 Discharges from your treatment facility should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that treatment facility). You should not force a discharge in order to collect a sample. E-UV i • 0 • Operation and Maintenance Requirements Maintenance Contract You must keep a maintenance contract in force during the permit term, unless an exception to the maintenance contract requirement has been requested and granted by DEQ. A copy of the maintenance contract, if applicable, must be kept at the site of the treatment works and made available to DEQ for examination upon request. At a minimum, the maintenance contract must provide for the following: 1. Performance of all testing required and periodic (at least annual) inspections of the treatment works. 2. A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance -and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated from the building or dwelling or otherwise ensure that no discharge occurs if full and complete repairs cannot be accomplished within 48 hours. 3. A log of the following items shall be maintained at the treatment works by the contract provider: a. Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log jshall show all sampling attempts and document and explain why no sample was taken or possible; b. Alarm activation incidents. c. Maintenance, corrective, or repair activities performed. d. Recommended repair or replacement items. e. Copies of all reports prepared by the contract provider. 4. An inspection shall be conducted by the contract provider within 48 hours after notification by the owner that a problem may be occurring. You (must keep a log of all maintenance performed on the treatment works including, but not limited to, the following: i . The date and amount of disinfection chemicals added to the chlorinator. 2. If dechlorination is used, the date and amount of any dechlorination chemicals that are added. 3. The date and time of equipment failure and the date and time the equipment was restored to service. 4. The date and approximate volume of sludge removed. 5. bated receipts for chemicals purchased, equipment purchased, and maintenance performed. Operation and Maintenance Plan You'may request an exception to the maintenance contract requirement by submitting an operation and maintenance plan;to DEQ for review and approval. At a minimum, the operation and maintenance plan must contain the following information: 1. An up-to-date operation and maintenance manual for the treatment works. 2. A log of all maintenance performed on the treatment works including, but not limited to, the following: a. The date and amount of disinfection chemicals added to the chlorinator (if applicable). li. If dechlorination is used, the date and amount of any dechlorination chemicals that are added. P. The date and time of equipment failure and the date and time the equipment was restored to service. d. The date and approximate volume of sludge removed. e. Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts and document and explain why no sample was taken or possible. 3. Dated receipts for chemicals purchased, equipment purchased, and maintenance performed; and 4. An effluent monitoring plan to conform with the testing requirements. Should you fail to implement the approved operation and maintenance plan, or if there are violations of effluent limitations, DEQ reserves the right to require you to obtain a maintenance contract. E-UV PERMITTEE NAME Berlin Steel Real Estate ADDRESS PO Box428, Kensington CT06037 FACILITY LOCATION NAME Pillar Enterprise Ltd MAILING PO Box428, Kensington CT06037 ADDRESS PHYSICAL 201 Ridings Ln, White Post VA 22663 LOCATION COMMONWEALTH OF VIRGINIA DEPARTMENT OF Regional office ENVIRONMENTAL QUALITY NAME Valley Regional Office GENERAL PERMIT FOR NON -Single Family Home DOMESTIC SEWAGE ADDRESS 4411 Early Road, Harrisonburg VA 22801 DISCHARGES Annual Report DISCHARGE MONITORING REPORT(DMR) PHONE (540) 574-7800 VAG408427 001 PERMIT NUMBER OUTFALL NUMBER MONITORING PERIOD DUE BYI •CHECKONE FROM TO 9-1-2016 8-31-2017 9-10-2017 9-1-2017 8-31-2018 9-10-2018 9-1-2016 8-31-2019 9-10-2019 9-1-2019 8-31-2020 9-10-2020 9-1-2020 i 8-31-2021 9-10-2021 NOTE: READ PERMIT AND GENERAL INSTRUCTIONS BEFORE COMPLETING THIS FORM AND RETURNING IT. r[eporung rn: unnc . nnuua QUANTITY OR LOADING QUALITY OR CONCENTRATION NO. I FREQUENCY SAMPLE PARAMETER EX OF ANALYSIS TYPE AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS REPORTD 001 FLOW RFnRMNT I ........ I N1 I MGD I ..... I ... I I *** . I I I 1/YR I EST REPORTD 003 BOD5 IoGnQnnniT I ..-.. I ••••'.... I I .•••."- 1"'"""'1 30 1 MG/L I I 1/YR I GRAB REPORTD.........-...... 120 E.COLI REQRMNT """"' """"' """"'1 235 1 N/CML I I 1/YR I GRAB ADDITIONAL PERMIT REQUIREMENTS: A copy of the maintenance log is required to be submitted with this Report - COMMENTS: Jul 29, 2016 a TOTAL TOTAL TOTAL OPERATOR IN RESPONSIBLE CHARGE DATE BYPASSES OCCURRENCES FLOW(M.G.) BODS(K.G.) AND OVERFLOWS I CERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND ALL TYPED OR PRINTED SIGNATURE CERTIFICATE NO. YEAR MO. DAY ATTACHMENTS WERE PREPARED UNDER MY DIRECTION OR NAME SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED TELEPHONE ASSURE THAT QUALIFIED PERSONNEL PROPERLY GATHER AND EVALUATE THE INFORMATION SUBMITTED. BASED ON MY INQUIRY OF AGENT THE PERSON OR PERSONS WHO MANAGE THE SYSTEM OR THOSE PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE INFORMATION, THE INFORMATION SUBMITTED IS TO THE BEST OF MY KNOWLEDGE AND BELIEF TRUE. ACCURATE AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING TYPED OR PRINTED FALSE INFORMATION, INCLUDING THE POSSIBILITY OF FINE AND SIGNATURE YEAR MO. DAY IMPRISONMENT FOR KNOWING VIOLATIONS. NAME Jul 29, 2016 E CJ This report is required by your VPDES permit and by law. (e.g., See the Code of Virginia of 1950 §62.1-44.5 and 9 VAC 25-31-50.) Failure to report or failure to report truthfully can result in civil penalties of $32,500 per violation, per day and felony prosecutions which can carry a 15 year term. DISCHARGE MONITORING REPORT (DMR) - GENERAL INSTRUCTIONS 1. Complete this form in permanent ink or indelible pencil. 2. Be sure to check one of the monitoring periods covered by the report on the form in the space marked "Annual Monitoring Periods". 3. For those parameters where the REQUIRED spaces have a numeric limitation or NL, provide data in the spaces provided in accordance with your permit. 4. Enter maximum, minimum, and/or average concentrations and units in the "reported" spaces in the columns marked "Quality or Concentration". 5. For all parameters enter the number of samples which do not comply with the maximum and/or minimum permit requirements in the "reported" space in the column marked "No. Ex." (Number of Exceedances). If none, enter "0". Include any maximum violations in this field. 6. You are required to sample (at a minimum) according to the Sample Frequencies and Sample Types specified in your permit. If you sample more often then the Sample Frequency specified in your permit than all data must be used when completing the DMR. 7. Enter additional comments in the space marked "comments". If additional required data or comments are appended to the DMR, reference appended correspondence in this field. 8. Operator in Responsible Charge— If other than the homeowner is responsible for taking the sample, provide their name and signature. If the operator is a licensed operator write in waste water operators' certification number. 9. Principal Executive Officer or Authorized Agent— This is normally the owner of the property unless the owner has indicated in writing to the DEQ that another individual is able to certify the information on the DMR and can sign as the authorized agent. 10. The owner then reviews the form and must sign in the space provided and provide a telephone number where he/she can be reached. Every page of the DMR must have an original signature. 11. Send the completed form(s) with original signatures to your Department of Environmental Quality Regional Office on or before the 10th of September for annual monitoring. (Ex. The first report is due on or before September 10, 2017; second report due on or before September 10, 2018, etc.) 12. You are required to retain a copy of the report for your records. 13. Where violations of permit requirements are reported, attach a brief explanation in accordance with the permit requirements describing causes and corrective actions taken. Reference each separate violation by date. 14. If you have any questions, contact the Department of Environmental Quality Regional Office listed on the front of the DMR. Jul 29, 2016 E COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY General Permit No.: VAG40 Effective Date: August 2, 2016 Expiration Date: August 1, 2021 GENERAL PERMIT FOR DOMESTIC SEWAGE DISCHARGES OF LESS THAN OR EQUAL TO 1,000 GALLONS PER DAY AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act (33 USC § 1251 et seq.), as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of treatment works with domestic sewage discharges of a design flow of less than or equal to 1,000 gallons per day on a monthly average are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those waters specifically named in board regulations that prohibit such discharges. The authorized discharge shall be in accordance with the information submitted with the registration statement, this cover page, Part I -Effluent Limitations, Monitoring Requirements and Special Conditions, and Part II -Conditions Applicable to All VPDES Permits, as set forth herein. VAG40 Part I Page 1 of 4 EFFLUENT LIMITATIONS, MONITORING REQUIREMENTS AND SPECIAL CONDITIONS A. Effluent limitations and monitoring requirements -receiving waters where the 7Q10 flows are less than 0.2 MGD. 1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001 to receiving waters where the 7Q10 flows are less than 0.2 MGD. The discharge shall be limited and monitored by the permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Instantaneous Minimum Instantaneous Maximum Frequency Sample Type Flow (MGD)") NA NL I/ ear Estimate BOD5 NA 30 mo 1/year Grab Total Suspended Solids NA 30 m 1/ ear Grab Total Residual Chlorine(-,) After contact tank 1.0 m I NA 1/ ear Grab Final effluent NA 0.016 mg/1(6) i/year Grab E. colic) NA 235 CFU/100 ml 1/ ear Grab enterococci() NA 104 CFU/I00 ml 1/ ear Grab Fecal Coliform Bacteria NA 200 CFU/100 ml I/ ear Grab H (standard units) 6.0 9.0 1 1/year Grab Dissolved Oxygen 5.0 m 1 ) N I 1/ ear Grab NL = No Limitation, monitoring required NA = Nor Applicable (')The design flow of this treatment works is less than or equal to 1,000 gallons per day. (')Applies only when chlorine is used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). (J)Applies only when methods other than chlorine are used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). When the treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. ('!Applies only when the discharge is into saltwater or the transition =one (see 9VAC25-260-)40 Cfor the classes of waters and boundary designations). When the treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. (J'Applies only when the discharge is into shellfish waters (see 9VAC25-260-160for the description of what are shellfish waters). When the treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. (`)Does not apply when the receiving stream is an ephemeral stream. "Ephemeral streams" are drainage ways, ditches, hollows, or swales that contain only (i) flowing water during or immediately following periods of rainfall or (ii) water supplied by the discharger. These watenvays would normally have no active aquatic community. All monitoring data required by Part I A I shall be maintained on site in accordance with Part 11 B. Monitoring results for treatment works serving buildings or dwellings other than individual single family dwellings shall be submitted to the department on a Discharge Monitoring Report (DMR) no later than the iOth of September following the monitoring period. The monitoring' period is September 1 through August 31. A copy of the maintenance log required by Part I D 2 b (4) shall also be submitted with the DMR. Monitoring results for treatment works serving individual single family dwellings are submitted to the Virginia Department of Health in accordance with 12VAC5-640. 3. The 30-day average percent removal for BOD5 and total suspended solids shall not be less than 85%. L� 0 VAG40 Part 1 Page 2 of 4 B. Effluent limitations and monitoring requirements -receiving waters where the 7Qi O flows are equal to or greater than 0.2 MGD. 1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001 to receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD. The discharge shall be limited and monitored by the permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Instantaneous Minimum Instantaneous Maximum Frequency Sample Type Flow (MGD)") NA NL 1/ ear Estimate BODS NA 30 m 1/ ear Grab Total Suspended Solids NA 30 m 1 / ear Grab Total Residual Chlorine') After contact.tank 1.0 m NA 1/ ear Grab Final effluent NA 2.0 mg/1 1/ ear Grab E. coli") • NA 235 CFU/100 ml 1/year Grab enterococci() NA 104 CFU/100 ml 1/ ear Grab Fecal Coliform Bacteria() NA 200 CFU/100 ml 1/ ear Grab H (standard units) 6.0 9.0 1/ ear Grab NL = No Limitation, monitoring required NA = Not Applicable (')The design flow of this treatment Snarls is less than or equal to 1,000 gallons per day. (')Applies only when chlorine is used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 Cfor the classes of waters and boundary designations). (J)Applies only when methods other than chlorine are used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 Cfor the classes of waters and boundary designations). When the treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. (4)Applies only when the discharge is into sabwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). When the treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. t Applies only when the discharge is into shellfish waters (see 9VAC25-260-160 for the description of what are shellfish waters). When the treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. 2. All monitoring data required by Pan I B 1 shall be maintained on site in accordance with Part 11 B. Monitoring results for treatment works serving buildings or dwellings other than individual single family dwellings shall be submitted to the department on a Discharge Monitoring Report (DMR) no later than the I Oth of September following the monitoring period. The monitoring period is September I through August 31. A copy of the maintenance log required by Part I D 2 b (4) shall also be submitted with the DMR. Monitoring results for treatment works serving individual single family dwellings are submitted to the Virginia Department of Health in accordance with 12VAC5-640. 3. The 30-day average percent removal for BODS and total suspended solids shall not be less than 85%. C. Effluent limitations and monitoring requirements - discharges to receiving waters subject to the Policy for the Potomac River Embayments (9VAC25-415). (This subsection intentionally omitted) 9 • - VAG40 Part I Page 3 of 4 D. SPECIAL CONDITIONS 1. There shall be no discharge of floating solids or visible foam in other than trace amounts. 2. Operation and maintenance a. Treatment works serving individual single family dwellings. Operation and maintenance requirements for treatment works serving individual single family dwellings are specified in the Virginia Department of Health regulations at 12VAC5-640-500. Treatment works serving buildings or dwellings other than individual single family dwellings. (1) For existing treatment works, the permittee shall keep a maintenance contract in force during the permit term, unless an exception to the maintenance contract requirement has been requested and granted in accordance with Part 1 D 3. A copy of the maintenance contract, if applicable, shall be kept at the site of the treatment works and made available to DEQ for examination upon request. (2) For proposed treatment works, the permittee shall submit a certification that the permittee has a valid maintenance contract to DEQ prior to operation of the treatment works, unless an exception to the maintenance contract requirement has been requested and granted in accordance with Part I D 3. A maintenance contract shall be kept in force during the permit term. A copy of the maintenance contract shall be kept at the site of the treatment works, and shall be made available to DEQ for examination upon request. (3) At a minimum, the maintenance contract shall provide for the following: (a) Performance of all testing required in accordance with either Part I A, Part I B, or Part I C, as appropriate, and periodic (at least annual) inspections of the treatment works. Note: Discharges from the treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that treatment works). The owner or maintenance provider should not force a discharge in order to collect a sample; (b) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated from the building or dwelling or otherwise ensure that no discharge occurs if full and complete repairs cannot be accomplished within 48 hours; (c) A log of the following items shall be maintained at the treatment works by the contract provider: (i) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts and document and explain why no sample was taken or possible; (ii) Alarm activation incidents; (iii) Maintenance, corrective, or repair activities performed; (iv) Recommended repair or replacement items; and (v) Copies of all reports prepared by the contract provider. (d) An inspection shall be conducted by the contract provider within 48 hours after notification by the owner that a problem may be occurring. (4) The permittee shall keep a log of all maintenance performed on the treatment works including, but not limited to, the following: (a) The date and amount of disinfection chemicals added to the chlorinator. (b) If dechlorination is used, the date and amount of any dechlorination chemicals that are added. (c) The date and time of equipment failure and the date and time the equipment was restored to service. (d) The date and approximate volume of sludge removed. (e) Dated receipts for chemicals purchased, equipment purchased, and maintenance performed. 0 VAG40 Part I Page 4 of 4 3. Operation and maintenance plan. The owner of any treatment works serving a building or dwelling other than an individual single family dwelling may request an exception to the maintenance contract requirement by submitting ail operation and maintenance plan to the board for review and approval. At a minimum, the operation and maintenance plan shall contain the following information: a. An up-to-date operation and maintenance manual for the treatment works; b. A log of all maintenance performed on the treatment works including, but not limited to, the following: (1) The date and amount of disinfection chemicals added to the chlorinator (if applicable). (2) If dechlorination is used, the date and amount of any dechlorination chemicals that are added. (3) The date and time of equipment failure and the date and time the equipment was restored to service. (4) The date and approximate volume of sludge removed. (5) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts and document and explain why no sample was taken or possible; c. Dated receipts for chemicals purchased, equipment purchased, and maintenance performed; and d. An effluent monitoring plan to conform with the requirements of Part I A, Part I B, or Part I C, as appropriate, including all sample collection, preservation, and analysis procedures. Note: Discharges from the treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that treatment works). The owner or maintenance provider should not force a discharge in order to collect a sample. e. Should the permittee fail to implement the approved operation and maintenance plan, or if there are violations of effluent limitations, the board reserves the right to require the permittee to obtain a maintenance contract. 4. Compliance recordkeeping under Part I A, Part I B, and Part I C. a. The quantification levels (QL) shall be less than or equal to the following concentrations: Effluent Parameter Quantification Level BODS 2 mg/l cBOD5 2 mg/1 Ammonia as N 0.20 m I Total Phosphorus 0.10 mg/1 TSS 1.0 m Chlorine 0.10 m The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method. b. Recording results. Any concentration data below the QL used in the analysis shall be recorded as "<QU if it is less than the QL in subdivision 4 a of this subsection. Otherwise the numerical value shall be recorded. c. Monitoring results shall be recorded using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., 5 always rounding up or to the nearest even number), the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the -same convention. 5. The discharges authorized by this permit shall be controlled as necessary to meet water quality standards. VAG40 Part I1 Page 1 of 7 CONDITIONS APPLICABLE TO ALL VPDES PERMITS A. Monitoring 1. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under 40 CFR Pan 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements. 4. Samples taken as required by this permit shall be analyzed in accordance with 1 VAC30-45 (Certification for Noncommercial Environmental Laboratories) or 1 VAC30-46 (Accreditation for Commercial Environmental Laboratories). B. Records 1. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical tecimiques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittec shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board. C. Reporting Monitoring Results Monitoring results under this permit are not required to be submitted to the department. However, should the board request that the permittee submit monitoring results, the following subsections would apply. 1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in ttus permit. Monitoring results shall be submitted to the department's regional office. 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted on the DMR or reporting form specified by the department. 4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. 9 • VAG40 Part 11 Page 2 of 7 D. Duty to Provide Information The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage under this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to detenmine the effect of the wastes from the discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit. E. Compliance Schedule Reports Reports of compliance or noncompliance with, or any progress reports.on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. Unauthorized Discharges Except in compliance with this permit, or another permit issued by the board, it shall be unlawful for any person to: a. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or b. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, to animal or aquatic life, to the use of such waters for domestic or industrial consumption, for recreation, or for other uses. G. Reports of Unauthorized Discharges Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F, or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain: a. A description of the nature and location of the discharge; b. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of Unusual or Extraordinary Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse effects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part III 2. Unusual and extraordinary discharges include, but are not limited to, any discharge resulting from: a. Unusual spillage of materials resulting directly or indirectly from processing operations; b. Breakdown of processing or accessory equipment; c. Failure or taking out of service some or all of the treatment works; and d. Flooding or other acts of nature. VAG40 Part II Page 3 of 7 Reports of Noncompliance The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health. l . An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset that causes a discharge to surface waters. 2. A written report shall be submitted within five days and shall contain: a. A.description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The board may waive the written report on a case -by -case basis for reports of noncompliance under Part Il I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Part III 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II 12. NOTE: The immediate (within 24 hours) reports required in Parts II G, H, and I may be made to the department's regional office. Reports may be made by telephone, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparednessiMakingaReport.aspx. For reports outside normal working hours, a message may be left and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800468-8892. Notice of Planned Changes 1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (1) After promulgation of standards of performance under § 306 of the Clean Water Act (33 USC § 1251 et seq.) that are applicable to such source; or (2) After proposal of standards of performance in accordance with § 306 of the Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or of disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements. • _- V VAG40 Part II Page 4 of 7 K. Signatory Requirements 1. Registration statement. All registration statements shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy -making or decision -making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that tite necessary systems are established or other actions taken to gather complete and accurate information for permit registration requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits and other information requested by the board shall be signed by a person described in Part I1 K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part 11 K l; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and c. The written authorization is submitted to the department. 3. Changes to authorization. If an authorization under Part 11 K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Part II K 1 or 2 shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." L. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit coverage renewal application. The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under § 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. 0 0 VAG40 Part II Page 5 of 7 M. Dui to Reapply I . If the pennittee wishes to continue an activity regulated by this permit after the expiration date of this permit, and the permittee does not qualify for automatic permit coverage renewal, the permittee shall submit a new registration statement, or for an individual single family dwelling a combined application, at least 60 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements or combined applications to be submitted later than the expiration date of the existing permit. 2. A penmittee qualifies for automatic permit coverage renewal and is not required to submit a registration statement, or for an individual single family dwelling a combined application, if: a. The ownership of the treatment works has not changed since this general permit went into effect on August 2, 2016, or, if the ownership has changed, (i) a new registration statement or for an individual single family dwelling a combined application or (ii) a VPDES Change of Ownership form was submitted to the department by the new owner at the time of the title transfer; b. There has been no change in the design or operation, or both, of the treatment works since this general pen -nit went into effect on August 2, 2016; c. For treatment works serving individual single family dwellings, the Virginia Department of Health does not object to the automatic permit coverage renewal for this treatment works based on system performance issues, enforcement issues, or other issues sufficient to the board. If the Virginia Department of Health objects to the automatic renewal for this treatment works, the permittee kt711 be notified by the board in writing; and d. For treatment works serving buildings or dwellings other than single family dwellings, the board has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, enforcement issues, or other issues sufficient to the board. if the board objects to the automatic renewal for this treatment works, the permitted will be notified by the board in writing. 3. Any permittee that does not qualify for automatic permit coverage renewal shall submit a new registration statement, or for an individual single family dwelling a combined application, in accordance with Part II M 1. N. Effect of a Permit This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations. O. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by § 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part lI U) and "upset" (Part 11 V) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. P. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1- 44.34:14 through 62.1-44.34:23 of the State Water Control Law. Q. Proper Operation and Maintenance The permitted shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also include effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit, VAG40 Part lI Page 6 of 7 R. Disposal of Solids or Sludees Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a mariner so as to prevent any pollutant from such materials from entering state waters. S. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt or Reduce Activity not a Defense It shall not be a defense for a petmittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. U. Bypass 1. "Bypass" meats the intentional diversion of waste streams from any portion of a treatment facility. The pennittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Parts II U 2 and 3. 2. Notice. a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible, at least 10 days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I. 3. Prohibition of bypass. a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part II U 2. b. The board may approve an anticipated bypass after considering its adverse effects if the board determines that it will meet the three conditions listed in Part 11 U 3 a. V. Upset 1. An upset, defined in 9VAC25-3 1 -10, constitutes an affirmative defense to an action brought for noncompliance with teclinology-based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A peniiittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An upset occurred and that the permittee can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; c. The permittee submitted notice of the upset as required in Part H I; and d. The permittee complied with any remedial measures required under Part 11 S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. W. Inspection and Entry The permittee shall allow the director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the pennittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; VAG40 Part If Page 7 of 7 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. X. Permit Actions Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, termination, or notification of planned changes or anticipated noncompliance does not stay any permit condition. Y. Transfer of Permits Permits are not transferable to any person except after notice to the department. Coverage under this permit may be automatically transferred to a new permittee if- l . The current permittee notifies the department within 30 days of the transfer of the title to the facility or property, unless permission for a later date has been granted by the board; 2. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and 3. The board does not notify the existing permittee and the proposed new permittee of its intent to deny the new permittee coverage under the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part 11 Y 2. Z. Severability The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. - -= - -- - COMMONWE�tL--TII of VIRGINIA DEPARTiVENT OF. ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE - Douglas W.Domcncch 441 ]-Early Road, P.O. Box 3000, Harrisonburg; Virginia_22801 David K. Paylor SecrctaryofNatural Resources (540) 574-7800 Fax (540) 574-7878 Director :. www.deq.virginia.gov AmyThaichcrwcns Regional Dircclor " �. September 6, 2012 ' David Murphy, Operations Manager The Berlin Steel Real Estate, Inc: PO Box 428. =Kensington, CT. 06037:`. Re: Berlin Steel Construction Co. (Pillar Enterprise Ltd., Permit No. VAG40$427) Certificate to Construct (CTC) Approval H25696 Dear Mr.'Murphy Enclosed is a copy of the approved CTC application.- Please note that this approval involved an'admiaistrative review only. No review.was conducted regarding the technical details submitted with the CTC application. Once all the work has been completed for this project and it is ready for use, please submit a completed Certificate To Operate (CTO) application. The application and instructions can be found at http://xv�vw.den.vir.ginia.gov/Prograins/Water'[WasteNvaterAssistanceTrai iiine//WastewaterEnginecrin pJNonWQI F Municipal WastewaterProiecl.aspx. Please let ine.know if you have any questions regarding this approval or the procedures for obtaining a CTO. Sincerely,. Brandon D. Kiracofe Regional :Water Pennits Manager.' ' Enclosure cc:_ Local Building Offieial(via a -mail) Environmental .Health Manager, VDH District Office. (via a -mail) _ Michael S. Stickley, P.'E. 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Y a m a Yaw - • - = - - 'OL• �I I�G 1r4'�r-` ,! r-•r—'• - .?w ` - I •(a,t+r,; . 1 a roo ' Virginia Department of EnV+ronm$ntai Qyallty APP.L. -ATIQN fp CERTIFICATE TO CON'5fk0CT,(CTC) For kuh11c1pRI -Sewage Collection, Traatmep.t, anWQr R plama0pri Systems —. ..�__. __,r.•::_•.�n.:.: r.;...., e..t,..,i. 1'wnnv .,f (t,1e Fnrm with aII af}�r}xn anted Perm will r:mnr d as Vou enler infomiatlon_ Proje�t,TJtla: (as it @ppesrs'on plans) Berlin Steel Construction Co., ' . :- P.E. Sepl Date on1; 07/23112 S ec hmiilons.`rltle and Date: .Bb din Steel Constructions Co. 97/23/12 a_ocation of.FroJeci:-20�-Rl:dlns Lane - _-.— Whlte R.cist, VA.22663 .Courityl.CJ;y: =Frederick- =-: - -_- —_ Recglviri W,astewatei:C;oliectipn:S'stem s : t Je In Steel Real Estate Recelvin '8ewa a Treatmeiit'P.laht s Rt cdamaliori Syslehi, Berlin Steel Real.Estate PROJECT:'OWNER:':aer h'Steel:Rea Estate PROJECT'ENJ3INEER Orvrier.ContattNarric: iDavldJ.'Mi tVam's:`MldtabtS:�Sticiile P.E. T1Ue:aD eralloris:Alana 'r ;com an S mb: •EU M(d=AUantlo, t.0 Address: 70 tiep¢t A.O. $oz a28 '.Kenstngton+C7"p6tT37 '.. .: Address 16f.1y NY Hlll L;aile — Wtnchostee. VA'22602 Valley: AUG 0 S 201' Phone: ' 8B0 828:2538. Phone: 640 W7 37W EniBH,. dm h' berilnstW.dom �tnaU; moq' o csl Itad.com FILE. For $0*4gQ tenf'Warks `a ; d sewage collection Systems: ' Attas<h Frojecti?escriptlo(y � Attachtri(s) Qf;Acpepbnc from Recelving Facility/Witt' for.sewage collection system prof acts . Ana.Fh Rellali{lity Glass: (1) for Pump.Stations attach Rellability.Class Worktheet,.-(2) For Sewage Treolment.Plents note the'Rellabillty .lass rating from the VPDES or•VPA perfi It and methbd of'mt;eting rre1(ablllty ciassiflcatiart regialtemerits. Fore sew0gp1reatnlent:pignt project, provide the VPDES orVPA.perrh!Wumti t: Design -Sewage F.low(Stwo . Rjant); (a) every a deity flpvv (MGI2)t 0,00456•(f7).06k daily flaw Design Sewage .FibW,(Piimp& Stailon): (a)average daily flow (Moo): 0 4006 (b) peak hour flow MGD). Please cleek..the appropriate components of your project: Gravlly.46dfor Vacuum Sewor ......................TJaw,ewape T ... reatment Plant Pump.Stafiati{s}........................:........,..... . ..® Moi�jlalion:af Existing Sewage Treatment Plant..:....... ❑ . Force Wri(s) .......... ...::....E*ans1on.of Fsou sewage Treatment Plant, ... .❑ - •For-Reclarnatlon.or Sateltife Reclamatlon Systpm, Attach Page 2: 'Page 2 Attached? Yes_ El No • .........:.....1..:...... .....'.,:...,............... ,.......... ............... .a.,., ...... �.....,.................. "pt..... ,........ i...,:.4..........I....I.................., t.;;.l.:..:. The following statetrieiit inu'st be sIpned and waled by the Vlrgfnla. (lgensO design engineer; "As discussed In 9 VAC 26-790-240:Gt, -the referenced d0Sfgn documenis'are to substantlat compliance with Part Ii1= Manual of Practice For SaWdrage Systems acid Trea' :tment N!orlrS4e Sewage Co/le.ctlon and Treatment Regulaffons (9 VAG 2t;-790-310 ef.seq.) �..: ���=x.�.F , - Ltcensad Ueslgn F.rigtrtg4r's &f turp abd ortglnai sera (stgngd'arid dafo CI Dsalgn exeeptions and ju*t 11; atlapo are attaghad in aoi bhlanos with s Vl 5 O Q3C�' " �+ { '"'`Y........:...................,..:�:,::.,.........:::.:....,.,..:::.:.,:....:....... For• DGc1 use In aceordprice with tha'Code ofVirginie 1950, as amended, Title 62.1,.Section 62.1-44.19, this form,'slgned by the appropriatee DEQ representative, bonstitutes ..rour•Certiflcate to Construct. This Certificate Is valid for a period of five years from'ihe date of'lssuance. other permits and. authorizatioris maybe necessary. Please contact your Regional DEQ OffiNAf Y4U have an' questions, :. ;, ,�thandon p. %,mtd� .. _ -. • • .c �^� - 1• , _ �i'/�u%1a.1 .._ .• , r .. 12��� _ , ( Name Date = PTt. Number . .. . , .. •.... ' ' . Sign •• , .. Department a Friviraur>anm) Quality AtAo*ed R*msantattve Page 1 ..03111120.10 0 WAM TRANSMITTAL 1/28/2020 Job # : 902002 Berlin Steel DISTRIBUTE TO: Candice Perkins Frederick Co. Planning Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 P:540-662-5792 F:540-662-5793 officena,painterlewis.com FROM: Mr. John C. Lewis FOR: ( )Submittal, Review & comments ( )Revisions ( )Approval & Signature ( ) Other: 1 Proffer Statement JcI. SIGNATURE LINE io 11. Impact Analysis Statement 0 C ft L:] 1* 2. Application TM#87-A-12 0 TRANSMITTAL 9/12/2019 job #: Berlin Steel Ridings Rezoning DISTRIBUTE T0: Candice Perk111S -T I- Uri i L r'Uiy �....... Painter -Lewis, P.L.C. 817 Cedar Crock Grade, Ste. 120 Winchester, N/A 22601 11:540-662-5792 F:540-662-5793 officc@painterlevis.com FROM: Nlr. John C. Levis FOR: ( )Submittal, Review & Comments ( )Revisions ( )Approval & Signature ( ) Other: QUANTITY DESCRIPTION STAFF 1 Application JCL 1 Tee - $11,539.00 JCL SIGNATURE LINE Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. II+ THIS DOCUMENT MELTS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUAIEIAIT DOES NOT A1EET I'OUR APPR011AL PLEASE PROVIDE COMMENTS AS TO WHAT YOU 11/0ULD LIKE TO HAVE COAIPLETED. Initials Date & Time andice i' Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time): 'J 6 0 COUN"hY of FREDERICK Dcpartmcnt of Planning and Developincrit 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 8, 2020 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1103-19 FOR BERLIN STEEL AND DENNIS RIDINGS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 22, 2020, at 7:00 pin in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-19 for Berlin Steel and Dennis Ridings, submitted by Painter -Lewis, P.L.C., to rezone 15.3933+/- acres from the RA (Rural Areas) District to the MI (Light Industrial) District with proffers. The properties are on the eastern side of Ridings Lane, which intersects with Route 277 in Opequon Magisterial District and are identified by Property Identification Numbers 86-A-179C and 87-A-12. Any interested parties having questions or wishing to speak may do so at the public hearing. A copy of the application will be available the week of the meeting for review at the Planning and Development Office, located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This s to certify that the attached correspondence was mailed to the following on l d -.;� o from the Department of Planning and Development, Frederick Comity,Virginia: 87 - A- - 12.D 87 - A- - 12- BERLIN STEEL REAL ESTATE INC PO BOX 428 BERLIN CT 06037-0428 86 - A- - 179-C RIDINGS DENNIS L RIDINGS BEVERLY S 280 RIDINGS LN WHITE POST VA 22663.1874 86 • A. - 179 U LIBERTY BAP118T CHURCH PO BOX 67 STEPHENl ; CI1-Y VA 22655.OJ67 87 - A- - 12-C CALHOUN AMANDA D 1450 FAIRFAX PIKE WHITE POST VA 22663.1806 87 - A- - 12-E FOUR WINDS LAND HOLDINGS LLC 483 TIMBERLINE RIDGE RD FRONT ROYAL VA 22630.3293 86 - A- - 179-A CARLSON SHIRLEY C 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Developme,r whose name is signed to the foregoing, dated �i '), () , hL 'Oral ), appeared before me and acknowledged the same in illy Sta e add County aforesaid. ARGHYRIS GARY R PIERCE BARBARA E 1518 FAIRFAX PIKE WHITE POST VA 22663.1007 87 - A- - 12-F HAZELWOOD LORI J HAZELWOOD BRIAN T 1500 FAIRFAX PIKE WHITE POST VA 22663.1836 87 - A- - 13. FANSLER JAMES MAURICE 214 APPRENTICE LN WHITE POST VA 22663.1800 86 - A- - 179-F JENKINS STEVEN THOMAS JENKINS REBECCA Y 13011 FAIRFAX PIKE WHITE POST VA 22663.1805 86 - A- - 179- CARLSON SHIRLEY C 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. Given under illy hand this day OI 1, my commission expires On �/ t -LS - l 1� �_u *nl �kc,,c (,I �Z v �/ 0zi-' o NOTARY PU_I3Ll_Cr. �, n...�..•y-:.�r. =�:,s.: r-..�. r PAtv1'kL.A f)r_EA ER NOIARY f 08LIC ll HEGISTiiA'1'I0NY3G4474 CoMMONvjr.: I.TH OF VIHGINIA MY COMtAIS510N EXPIH[S 06 - A- - 179-A CARLSON SHIRLEY C 1312 FAIRFAX PIKE WHITE POST VA 22663.1005 87 -A- - 1- PEPPER LANE -LAND ACQUISITION COMPANY LLC 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 86 - A- - 178- PEPPER LANE -LAND ACQUISITION CO INC CIO PEPPER LANE PROPERTIES 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 COUNTY of'FREDERICK Dcpartnlait of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING December 4, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 03-19 FOR BERLIN STEEL AND DENNIS RIDINGS On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being licld on Wednesday, December 18, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-19 for Berlin Steel and Dennis Ridings, submitted by Painter -Lewis, P.L.C., to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers. The properties are on the eastern side of Ridings Lane, which intersects with Route 277 in Opequon Magisterial District and are identified by Property Identification Numbers 86-A-179C and 87-A-12. Any interested parties having gL1eSt1011S Or \V1Shing to speak may do s0 at the beginning Of the public meeting. A copy of the application will be available the week of the meeting for review at the Planning and Development Office, located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also Visit LIS On the \veb at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on - 1 4 1(A from the Department of Planning and Development, Frederick County, Virginia: 87 - A- - 12- BERLIN STEEL REAL ESTATE INC PO BOX 428 BERLIN CT 06037.0428 86 - A- - 179-C RIDINGS DENNIS L RIDINGS BEVERLY S 280 RIDINGS LN WHITE POST VA 22663.1874 86 - A- - 179-D LIBERTY BAPTIST CHURCH PO BOX 67 STEPHENS CITY VA 22655.0067 87 - A- - 12-C CALHOUN AMANDA D 1450 FAIRFAX PIKE WHITE POST VA 22663.1806 87 - A- - 12-E FOUR WINDS LAND HOLDINGS LLC 483 TIMBERLINE RIDGE RD FRONT ROYAL VA 22630.3293 81 -A- - 12.0 ARGHYRIS GARY R PIERCE BARBARA E 1518 FAIRFAX PIKE WHITE POST VA 22663.1807 87 - A- - 12-F HAZELWOOD LORI J HAZELWOOD BRIAN T 1500 FAIRFAX PIKE WHITE POST VA 22663.1836 87 - A- - 13- FANSLER JAMES MAURICE 214 APPRENTICE LN WHITE POST VA 22663.1800 86 - A- - 179-F JENKINS STEVEN THOMAS JENKINS REBECCA Y 1308 FAIRFAX PIKE 22663 1805 WHITE POST VA 86 - A- - 179- CARLSON SHIRLEY C 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 86 - A- - 179-A CARLSON SHIRLEY C 1312X PIKE WHITEE POSTPOST VA 22663.1805 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK CJI, , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Pi7,�/ n and Development, whose name is signed to the foregoing, dated `I , has personally appeared before me and acknowledged the same in my St to aAd County aforesaid. Given under my hand this day of My commission expires on PAMAL �p RECN� A&� PU T�F�yI_Q MY I4IC CECEMg SION Epp REg1p ER•31, 2021 86 - A- - 179-A CARLSON SHIRLEY C 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 87 - A- - 1- PEPPER LANE -LAND ACQUISITION COMPANY LLC 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 86 - A- - 178- PEPPER LANE -LAND ACQUISITION CO INC CIO PEPPER LANE PROPERTIES 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 ,- 2 8 & -ff -17Q G V 10: LANCE -DATA PROCESSING FROM: PAM-PLANNING DEPT. Please Print (+ sets of labels by L` 1 6 1. 2" , l Thank You! i.ADJOININC Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Dennis Ridings 280 Ridings Lane White Post, VA 22663 Property # 86-A-179C Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Propem # 86-A-179D NameAmanda D Calhoun 1450 Fairfax Pike White Post, VA 22663 Property # 87-A-12C Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property # 87-A-12E Name Shirley C Carlson 1312 Fairfax Pike White Post, VA 22663 Property # 86-A- 1 79A Name i y Bapto t hure , PO,Sbx 677- - eph'erfs Cit� 22655 0067 Property # 86 - - 9D u Name Gary Arghyris Barbara Pierce 1518 Fairfax Pike White Post, VA 22663 Property # 87-A-12D Name Lori Brian Hazelwood 1500 Fairfax Pike White Post, VA 22663 Property #87-A-12F Name Property # Es7-�—/3 06-fi-179F 15 1 r. COUNTY of FREDERICK Department of -Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 2, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-19 FOR BERLIN STEEL AND DENNIS RIDINGS On behalf of the Frederick County Planning Commission, you are hereby notified of a public liearing being held on Wednesday, October 16, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-19 for Berlin Steel and Dennis Ridings, submitted by Painter-LeNvis, P.L.C., to rezone 15.3933+/- acres fi•om the RA (Rural Areas) District to the MI (Light Industrial) District ,vith proffers. The properties are on the eastern side of Ridings Lane, which intersects Nvith Route 277 in Opequon Magisterial District and are identified by Property Identification Numbers 86-A-179C and 87-A-12. Any interested parties having questions or wishing to speak may do so at the public hearing. A copy of the application will be available the week of the meeting for review at the Planning and Development Office, located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Tl is is to certify that the attached correspondence was mailed to the following on �.0 _', i `1 from the Department of Planning and Development, Frederick County, Virginia: 87 - A- - 12- BERLIN STEEL REAL ESTATE INC PO BOX 428 BERLIN CT 06037.0428 86 - A- - 179-C RIDINGS DENNIS L RIDINGS BEVERLY S 280 RIDINGS LN WHITE POST VA 22663.1874 86 - A- - 179-D LIBERTY BAPTIST CHURCH PO BOX 67 STEPHENS CITY VA 22655.0067 87 - A. - 12-C CALHOUN AMANDA D 1450 FAIRFAX PIKE WHITE POST VA 22663.1806 87 - A- - 12-E FOUR WINDS LAND HOLDINGS LLC 483 TIMBERLINE RIDGE RD FRONT ROYAL VA 22630.3293 86 - A- - 179-A CARLSON SHIRLEY C 1312 FAIRFAX PIKE WHITE POST VA 87 - A- - 12-D ARGHYRIS GARY R PIERCE BARBARA E 1518 FAIRFAX PIKE WHITE POST VA 22663.1807 87 - A- - 12-F HAZELWOOD LORI J HAZELWOOD BRIAN T 1500 FAIRFAX PIKE WHITE POST VA 22663.1836 87 - A- - 13- FANSLER JAMES MAURICE 214 APPRENTICE LN WHITE POST VA 22663.1800 87 -A- - 1- PEPPER LANE -LAND ACQUISITION COMPANY LLC 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 86 - A. - 179-F JENKINS STEVEN THOMAS JENKINS REBECCA Y 1308 FAIRFAX PIKE WHITE POST VA 22663.1805 22663.1805 Candice �L-Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREllERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice L. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated �%C�, J �9 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of C= -v V J�—� j l My commission expires on �_ �? : ���-� ���y �? o I 1\ NOTARY k'E`G1StTAiloN 1B354A74 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES L- _ ---_- DE_CEMBER•31, 2021 86 - A- - 178- PEPPER LANE -LAND ACQUISITION CO INC CIO PEPPER LANE PROPERTIES 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 86 - A. - 179- CARLSON SHIRLEY C 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 86 - A- - 179-A CARLSON SHIRLEY C 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 I Cv V TO: LANCE -DATA PROCESSING FROM: PAM-PLANNING DEPT. Please Print /+ sets of labels by Thank You! ADJOINING: PRC + Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting .the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Nan,eDennis Ridings 280 Ridings Lane White Post, VA 22663 Property # 86-A-179C Name Liberty Baptist Church PO Box 67 Stephens City, VA 22655 0067 Property # 86-A-179D NameAmanda D Calhoun 1450 Fairfax Pike White Post, VA 22663 Property # 87-A-12C Name Four Winds Land Holdings LLC 483 Timberline Ridge Road Front Royal, VA 22630 Property # 87-A-12E Name Shirley C Carlson 1312 Fairfax Pike White Post, VA 22663 Property # 86-A-179A Name,UbOqy Baptist �hUrC Property # 86 - : 9D % O Box 67� Sfepheris Clty,V)(22655 0067 Name Gary Arghyris Barbara Pierce 1518 Fairfax Pike White Post, VA 22663 Property # 87-A-12D Name Lori Brian Hazelwood 1500 Fairfax Pike White Post, VA 22663 Property # 87-A-12F Name Property # 9(o d9 / 7 ' & -d-) - / 7 %A- 15 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 09/13/19 REQUESTED COMPLETION DATE: 09/25/19 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other PIN: 87-A-12 DESCRIPTION OF REQUEST: Rezoning #03-19 Berlin Steel Estate Inc. Going from RA to M I Thank You! Submit C0UNTY oI.I,RL;DERICK Departincllt of Plallmng and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 2, 2019 TO: I'I IE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNI7-IZ(S) RE: IZEZONING APPLICATION 803-19 FOR BE'lZI,IN S'1'I EL IZLAI� ES=FA=FI .P.ROP--bar,- On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 16, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to � pq consider the following application'. - ��� I1 S arc l tty �(�� Rezoning #03-19 , for-I3et lin Steel Real Estate Property, sllblC4/K d ")r It r� ew s, P.L.C., to rezop& 10+/- actk;s f•roin the RA.(Rtiral Areas) District to the M1 (Light Industrial) District with prof ersY"Tlle_pi-operty,ig'--boated-4it-2SO-Riding.&-Lane-wluch intersects with Route 277 in Opcquon Magisterial District and is' identified by Property Identification Numbe(S86-A-179C. i� S •7 — fi-_ / 2 .� Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the Bowman Library the week of' the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit Lis on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 87 - A- - 12- BERLIN STEEL REAL ESTATE INC PO BOX 428 BERLIN CT 06037.0428 87 - A- - 12- BERLIN STEEL REAL ESTATE INC PO BOX 428 BERLIN CT 06037.0428 86 - A- - 179-C 86 - A- - 179-C RIDINGS DENNIS L RIDINGS DENNIS L RIDINGS BEVERLY S RIDINGS BEVERLY S 280 RIDINGS LN 280 RIDINGS LN WHITE POST VA 22663.1874 WHITE POST VA 22663.1874 86 - A. - 179�C 86 - A- - 179-C RIDINGS DENNIS,L RIDINGS DENNIS L RIDINGS BEVERLY S RIDINGS BEVERLY S 280 RIDINGS LN 280 RIDINGS LN WHITE POST VA 22663.1874 WHITE POST VA 22663.1874 86 - A- - 179-C 86 - A- - 179-C RIDINGS DENNIS L RIDINGS DENNIS L RIDINGS BEVERLY S RIDINGS BEVERLY S 280 RIDINGS LN 280 RIDINGS LN WHITE POST VA 22663.1874 WHITE POST VA 22663.1874 86 - A- - 179-D LIBERTY BAPTIST CHURCH PO BOX 67 STEPHENS CITY VA 87 - A- - 12-C CALHOUN AMANDA D 1450 FAIRFAX PIKE WHITE POST VA 86 - A- - 179-D LIBERTY BAPTIST CHURCH PO BOX 67 22655.0067 STEPHENS CITY VA 22655.0067 22663.1806 87 - A- - 12-C CALHOUN AMANDA D 1450 FAIRFAX PIKE WHITE POST VA 22663.1806 87 - A- - 12-E FOUR WINDS LAND HOLDINGS LLC 483 TIMBERLINE RIDGE RD FRONT ROYAL VA 22630.3293 87 - A- - 12-E FOUR WINDS LAND HOLDINGS LLC 483 TIMBERLINE RIDGE RD FRONT ROYAL VA 22630.3293 86 - A- - 179-A 86 - A- - 179-A CARLSON SHIRLEY C CARLSON SHIRLEY C 1312 FAIRFAX PIKE 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 WHITE POST VA 22663.1805 87 - A- - 12-D 87 - A- - 12-D ARGHYRIS GARY R ARGHYRIS GARY R PIERCE BARBARA E PIERCE BARBARA E 1518 FAIRFAX PIKE 1518 FAIRFAX PIKE WHITE POST VA 22663.1807 WHITE POST VA 22663.1007 87 - A- - 12-F 87 - A- - 12-F HAZELWOOD LORI J HAZELWOOD LORI J HAZELWOOD BRIAN T HAZELWOOD BRIAN T 1500 FAIRFAX PIKE 1500 FAIRFAX PIKE WHITE POST VA 22663.1836 WHITE POST VA 22663.1836 87 - A- - 13- 87 - A- - 13- FANSLER JAMES MAURICE FANSLER JAMES MAURICE 214 APPRENTICE LN 214 APPRENTICE LN WHITE POST VA 22663.1800 WHITE POST VA 22663.1800 87 -A- - 1- PEPPER LANE -LAND ACQUISITION COMPANY LLC 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 86 - A- - 179-F JENKINS STEVEN THOMAS JENKINS REBECCA Y 1308 FAIRFAX PIKE WHITE POST VA 22663.1805 86 - A- - 178- PEPPER LANE. -LAND ACQUISITION CO INC CIO PEPPER LANE PROPERTIES 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 87 -A- - 1- PEPPER LANE -LAND ACQUISITION COMPANY LLC 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 86 - A- - 179-F JENKINS STEVEN THOMAS JENKINS REBECCA Y 1308 FAIRFAX PIKE WHITE POST VA 22663.1805 86 - A- - 178- PEPPER LANE -LAND ACQUISITION CO INC CIO PEPPER LANE PROPERTIES 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032.2555 86 - A- - 179- 86 - A- - 179- CARLSON SHIRLEY C CARLSON SHIRLEY C 1312 FAIRFAX PIKE 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 WHITE POST VA 22663.1805 86 - A- - 179-A 86 - A- - 179-A CARLSON SHIRLEY C CARLSON SHIRLEY C 1312 FAIRFAX PIKE 1312 FAIRFAX PIKE WHITE POST VA 22663.1805 WHITE POST VA 22663.1805