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HomeMy WebLinkAbout01-23 EmailsMark Cheran From: Minchew, J. Randall <jrminchew@thelandlawyers.com> Sent: Wednesday, April 12, 2023 1:11 PM To: Wyatt Pearson; Mark Cheran Cc: Rod Williams; Swisshelm, Erin L. Subject: '[External]'Re: '[External]'One Logistics Park - Subdivision Exception/Waiver Application - Frederick County Planning Commission - Request for Pause and Nonscheduling Dear Mark, Wyatt, and Rod, Our engineers are working on analyzing new potential electrical powerline runs that could be placed underground as per the Subdivision Ordinance. In light of this, could we put a pause on the scheduling of our Planning Commission and Board of Supervisors dates? If this exercise yields a successful result, we will withdraw the application. Best regards, Randy J. Randall Minchew Managing Shareholder Loudoun County, Virginia Office Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street I Suite 300 1 Leesburv. VA 20176 Phone: [571] 209-5777 1 Fax: (703) 737-3632 irminchewPthelandlawvers.com I www.TheLandLaw e. .om AV® PreeminentT" Rated Voted among the "Legal Elite" by Virginia BusinessMagazine Named to the U.S. News & World Report Best Law Firms 2021 *Tier I Land Use & Zoning and Real Estate On Apr 4, 2023, at 2:11 PM, Minchew, J. Randall <jrminchew@thelandlawyers.com> wrote: Thanks you very much for your consideration. In the past two days, we have learned much more about the options for Rappahannock Electric Cooperative (REC) electrical power extension into the One Logistics Park and REC design mandates concerning steep slopes, electrical line underground placement, and REC demands for placement of underground utilities were new public roads are planned. We did not think it fair or appropriate to give all these justification arguments and points of information to the Planning Commission without first giving them to the Zoning Administrator for review and analysis. Regrettably, I have another obligation on April 19th, so you envision that the May 3'd Planning Commission meeting will be cancelled, the May 17th date would be fine. We will work together with our engineers to prepare up that Statement of Justification outlining the issues and hardship elements and will be submitting that for staff review as soon as it is prepared. Thereafter, we would be honored to meet with you in your office well in advance of the assigned Planning Commission date. Best Always, Randy J. Randall Minchew Managing Shareholder Loudoun County, Virginia Office Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street I Suite 300 1 Leesburg, VA 20176 Phone: (571) 209-5777 Fax: (703) 737-3632 irminchew@thelandlawvers.com I www.TheLandLawyers.com AV® PreeminentTm Rated Voted among the "Legal Elite" by Virginia Business Magazine Named to the U.S. News & World Report Best Law Firms 2021 *Tier I Land Use & Zoning and Real Estate Best Lwyers BEST LAIN FIRMS 1 AM& Best Lawyers From: Wyatt Pearson <wyatt.pearson@fcva.us> Sent: Tuesday, April 4, 2023 1:57 PM To: Minchew, J. Randall <jrminchew@thelandlawyers.com>; Mark Cheran <mcheran@fcva.us> Cc: Rod Williams <rwillia@fcva.us>; Swisshelm, Erin L. <eswisshelm@thelandlawyers.com> Subject: RE: '[External]'One Logistics Park - Subdivision Exception/Waiver Application - Frederick County Planning Commission - April 5, 2023 - Request for Deferral External Sender. Be aware of links, attachments and requests. Mr. Minchew, Checked with Planning Commission chairman and we are in agreement this will not be an issue. Since there isn't a public hearing requirement, we do not need a postponement fee. Would you all like to pick a target planning commission date so Mark can advise the Planning Commission to table it until that meeting? We are hoping to cancel our May 3rd meeting but otherwise the April 19th, May 17th, and June 7tn dates are currently available. Thanks, Wyatt Pearson Planning Director Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Minchew, J. Randall <irminchew@thelandlawyers.com> Sent: Tuesday, April 4, 2023 11:57 AM To: Mark Cheran <mcheran@fcva.us> Cc: Wyatt Pearson <wyatt.pearson@fcva.us>; Rod Williams <rwillia@fcva.us>; Swisshelm, Erin L. <eswisshelm@thelandlawyers.com> Subject:'[External]'One Logistics Park - Subdivision Exception/Waiver Application - Frederick County Planning Commission - April 5, 2023 - Request for Deferral Importance: High Dear Mark, We have had the opportunity to review your staff report for the above -referenced application and believe that we have not provided you with enough detailed information pertinent to the hardship that the applicant -landowner is facing that gave rise to its request for a subdivision exception. The hardship arises in large part from electrical engineering demands given to our engineers from the incumbent electrical power provider, Rappahannock Electrical Cooperative. We think that it would be better if we provided a better and more -detailed statement of justification that what was provided in our initial application submission back on February 14th. Erin and I had a detailed discussion today with the One Logistics Park engineers who have been working on power solutions to serve the One Logistics Park and we learned much more than we knew previously. Rather than present a lot of new information to the Planning Commission tomorrow night that you have never had the opportunity to review, we think that it best to defer tomorrow night's Planning Commission item for this application and the related Board of Supervisors April 26, 2023 date. It would not be fair to present to the Planning Commission evidence and information justifying this subdivision exception without first sharing that evidence and information with you well in advance. Could you advise if we need leave from the Planning Commission chair to scratch this item from the agenda or is this something that staff can do on its own? I would anticipate that we would be able to prepare and submit this revised statement of justification to you within a week and would be glad to meet with you after we submit this document to you do answer any questions you may have. As always, thank you for your professional work. Best Always, Randy <image001.jpg> J. Randall Minchew Managing Shareholder Loudoun County, Virginia Office Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street I Suite 300 1 Leesburg, VA 20176 Phone: (571) 209-5777 Fax: (703) 737-3632 'rminchew thelandlawyers. com j www.TheLandLawyers. com AV® PreeminentTm Rated Voted among the "Legal Elite" by Virginia Business Magazine Named to the U.S. News & World Report Best Law Firms 2021 *Tier I Land Use & Zoning and Real Estate <image002.png> <image003.png> Attorney -Client Privileged Communication: The information in this email and attachments is attomey-client privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please delete it and immediately notify us by email or by phone. Thank you. 4 Mark Cheran From: Wyatt Pearson Sent: Tuesday, April 4, 2023 1:57 PM To: Minchew, J. Randall; Mark Cheran Cc: Rod Williams; Swisshelm, Erin L. Subject: RE: '[External]'One Logistics Park - Subdivision Exception/Waiver Application - Frederick County Planning Commission - April 5, 2023 - Request for Deferral Mr. Minchew, Checked with Planning Commission chairman and we are in agreement this will not be an issue. Since there isn't a public hearing requirement, we do not need a postponement fee. Would you all like to pick a target planning commission date so Mark can advise the Planning Commission to table it until that meeting? We are hoping to cancel our May 3`d meeting but otherwise the April 19th, May 171h, and June 7th dates are currently available. Thanks, Wyatt Pearson Planning Director Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Minchew, J. Randall <jrminchew@thelandlawyers.com> Sent: Tuesday, April 4, 2023 11:57 AM To: Mark Cheran <mcheran@fcva.us> Cc: Wyatt Pearson <wyatt.pearson@fcva.us>; Rod Williams <rwillia@fcva.us>; Swisshelm, Erin L. <eswisshelm@thelandlawyers.com> Subject: '[External]'One Logistics Park - Subdivision Exception/Waiver Application - Frederick County Planning Commission - April 5, 2023 - Request for Deferral Importance: High Dear Mark, We have had the opportunity to review your staff report for the above -referenced application and believe that we have not provided you with enough detailed information pertinent to the hardship that the applicant -landowner is facing that gave rise to its request for a subdivision exception. The hardship arises in large part from electrical engineering demands given to our engineers from the incumbent electrical power provider, Rappahannock Electrical Cooperative. We think that it would be better if we provided a better and more -detailed statement of justification that what was provided in our initial application submission back on February 14th. Erin and I had a detailed discussion today with the One Logistics Park engineers who have been working on power solutions to serve the One Logistics Park and we learned much more than we knew previously. Rather than present a lot of new information to the Planning Commission tomorrow night that You have never had the opportunity to review, we think that it best to defer tomorrow night's Planning Commission item_ for this application and the related Board of Supervisors April 26, 2023 date. It would not be fair to present to the Planning Commission evidence and information justifying this subdivision exception without first sharing that evidence and information with you well in advance. Could you advise if we need leave from the Planning Commission chair to scratch this item from the agenda or is this something.that staff can do on its own? I would anticipate that we would be able to prepare and submit this revised statement of justification to you within a week and would be glad to meet with you after we submit this document to you do answer any questions you may have. As always, thank you for your professional work. Best Always, Randy I,. �O:� J. Randall Minchew Managing Shareholder Loudoun County, Virginia Office Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street I Suite 300 1 Leesburg, VA 20176 Phone: (571) 209-5777 Fax: (703) 737-3632 0rminchew@thelandlawyers.com I www.Th_eLandLawyers.com AV® PreeminentTm Rated Voted among the "Legal Elite" by Virginia Business Magazine Named to the U.S. News & World Report Best Law Firms 2021 *Tier I Land Use & Zoning and Real Estate A- Attomey-Client Privileged Communication: The information in this email and attachments is attorney -client privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please delete it and immediately notify us by email or by phone. Thank you.