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HomeMy WebLinkAbout05-09 Comments1 1 Virginia Department of Tranwirtation Comments: See attached e-mail from VDOT to Painter-Lewis, PLC dated June 8, 2009. VDOT Signature 8c Date: "4 0 all. IL__21 June 8, 2009 III V Notice o VDOT- Please Return F% m to Applicant 1k Rezonin a Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer' 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Applicant: Please fill Out the information as accurately as possible in order to assist the Vir Department oi Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: On) (+kitty t L. C Telephone: (6 7- 9006 Mailing Address: e k P r- P C- ekhn Z.a,ur gr7 Cuia_m ^ode, L5 e rd klineh,et. VA 976)6 Location ofproperty: thirds are locctied at Wt mriatve_ corirf or Route 50 and thskir Current zoning: Zoning requested: .8.; 18 Hand: deliver to: Virginia Departrnent of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Acreage: S DMJ Holdings, LLC Rezors VDOT Comments John Lewis From: Funkhouser, Rhonda Rhonda .Funkhouser ©VDOT.Virginia.gov] on behalf of Ingram, Lloyd Lloyd.Ingram ©VDOT.virginia.gov] Sent: Wednesday, August 12, 2009 10:02 AM To: jclewis ©painterlewis.com Cc: John.Bishop; Ingram, Lloyd Subject: DMJ Holdings, LLC Rezoning VDOT Comments The documentation within the application to rezone this property appears to have a significant measurable impact on Routes 50 and 781. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the DMJ Holdings, LLC Rezoning Application dated July 1, 2009 addressing the transportation concerns associated with this request. It appears, after reviewing these proposed proffers for the improvements required for this rezoning, the improvements meet the threshold of acceptance for VDOT. There is one significant concern which VDOT needs to point out: Residents in subdivisions which are served by Route 781 who utilize this facility, will be required to travel west on Route 50 and make a U -turn at the intersection of Route 50 and Ryco Lane. Traffic then will travel west to the intersection of Route 50 and Route 781. If the Frederick County Board approves this rezoning, the potential for a negative impact on the flow of east bound Route 50 traffic at the intersection of Ryco Lane and Route 50 could be significant. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 8/18/2009 Page 1 of 1 DMJ Holdings, LLC VDOT Conts to Rezonings il l Fries am: Funkhouser, Rhonda Rhonda .Funkhouser ©VDOT.Virginia.gov] on behalf of Hoffman, Gregory [Gregory. Hoffman ©VDOT. Virginia.gov] Sent: Monday, June 08, 2009 12:58 PM To: Jill Fries Cc: Hoffman, Gregory; John Bishop; timstowe ©stowecompanies.com; Ingram, Lloyd Subject: DMJ Holdings, LLC VDOT Comments to Rezonings Route 50 east bound left turn lane will need to be extended. (�n you for allowing us the opportunity to comment. 6/8/2009 «S CN_20090608124853_001. pdf» Page 1 of 2 In order to expedite this review, we are providing our comments without District input. Therefore, additional VDOT comments may be forthcoming. The documentation within the application to rezone this property appears to have significant measurable impact on Routes 50 and 781. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Route 50 at Custer Avenue /DMJ Holdings, LLC rezoning application dated March 24, 2009 address transportation concerns associated with this request. Specifically: These proffers assume the Governor's Hill associated improvements will either be in place or occur concurrently with this development. There is no guarantee this will happen. Therefore, if this development occurs first, those improvements may need to be completed with this project. It is suggested the developer contact the developers of Governor's Hill to discuss possible cost sharing of necessary improvements between these two projects. We have deep concerns with preventing left turn movements north bound on Custer Avenue into the site entrance. How will this be addressed? How will U -Turns in the gore area be controlled by west bound traffic leaving your site? This is a potentially dangerous situation which needs to be addressed. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. DMJ Holdings, LLC VDOT Cornetts to Rezonings Gregory T. Hoffman, Supervisor le inia Department of Transportation burg Residency Land Development 22.5 Northwestern Pike Winchester, VA 22603 Phone #(540) 535 -1824 Fax #(540) 535 -1846 6/8/2009 Page 2 of 2 From:LIFESAFE Control number R209 0001 Project Name Route 50 at Custer Ave. Address 817 Cedar Creek Grade, Suite 120 Type Application Tax ID Number Rezoning 64A -4-16 Current Zoning RP Automatic Sprinkler System No Other recommendation Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Han Approvai Recommended Yes Date received 4/1/2009 Applicant DMJ Hc1dinus, LLC n/o Painter- Lewis, PLC City >1270 ?ip Applica- Phone Winchester JA 22601 540 -66' 9000 Recommendations Automatic Fire Alarm System F:esidential Sprinkler System Reviewed By J. Neal No :Ja in reviewed 4/ Fire Distnat Rescue District 21 21 No Emergency Vehicle Access Hydrant Location Fins Lane Required Not Identified Not Identified No Roadway /Aisleway Width Special Hazards Not Identified No Signatu'0 Title 212009 11:44 #816 P.0011001 Date Revised Election Distrii: Shawnee Mr John Lewis P.E Painter Lewis, P.L.0 817 Cedar Creek Grade, Suite 1'20 Winchester, Virginia 22601 RE Rezoning Application for DMJ Holdings, LLC Frederick County V!rguiia Dear Mr Lewis: We have completed our review of the proposed rezoning of 2 85 acres near the intersection of Custer Avenue and Route 50 and offerthe following comments. l 'Refer to the discussion of the site suitability on page 2 of the impact analysis Expand the discussion to include the potential existence of water wells and drainfields. These items should be accurately located on future site plans'with references to appropriate abandonment procedures in accordance with the Virginia Department of Health guidelines. 2 Refer to the discussion oftraffic on page 3 of the impact analysis. The discussion indicates that the site has frontage on both Custer Avenue and Millwood Pike. In actuality, access to Custer Avenue is via the old Route 50 tight: of —way I_t is possibieAhatthis propertycould be obtamed from -the Virginia Department of Transportation for the proposed proffered access improvements from CusterAvenue I can be reached at 722 -8214 if you should haveany questions regardingithe above cornmen-ts Sincerely; HES /rls cc Planning and Development file April 8, 2009 Harvey E. iiawsnyder Jr P.E. Director of.Public Works T: \Rhonda\ TEMP COMMENTS\ DMJHOLDINGSLLCRT5O &CUSTERAUEREZCOM.dod 107' North .Kent Street Winchester, Virginia 22601 5000 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX 540/678 -0682 FEB -16 -2005 19:11 Rezoning Comments •ord Fairfax Health Distr Frederick Winchester Health Department Mail to: Frederick Winchester Health Department Attn: Sanitation Engineer 1.07 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Applicant;-Please -fill out the information as accuratel -y.as possible in order.ta.assist the Frederick Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: h 0 /7 l ws Pi( Location of property: PPire.5 die e /dale CU 191,L/ iffklU h' COrriet a lea+ go cud (3 v A Current zoning: hi Zoning requested: 24 540 722 3479 P.02 /02 diisketwail CzN Hand deliver to: Frederick- Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Telephone: (i(07- 9r' %C; Acreage: RECEIVED APR 01 V TOTAL P.02 f �Q4 r "7; Frederick-Winchester Health Depat attent's Comments: 1 b Health Dept. Signature Date: a y 7 stn. a� Notice to Health Department Please Return This Form to the Applicant FEB -16 -2005 19:11 Rezoning Comments •ord Fairfax Health Distr Frederick Winchester Health Department Mail to: Frederick Winchester Health Department Attn: Sanitation Engineer 1.07 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Applicant;-Please -fill out the information as accuratel -y.as possible in order.ta.assist the Frederick Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: h 0 /7 l ws Pi( Location of property: PPire.5 die e /dale CU 191,L/ iffklU h' COrriet a lea+ go cud (3 v A Current zoning: hi Zoning requested: 24 540 722 3479 P.02 /02 diisketwail CzN Hand deliver to: Frederick- Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Telephone: (i(07- 9r' %C; Acreage: RECEIVED APR 01 V TOTAL P.02 Rezoning Comments Frederick County Sanitation At Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868 -1061 Applicant's Name: r e„t 7/ln in (T �I12J tbicli /2Qs LLC 23 hority Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review.- Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Zoniha requested: Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia (Wfcr cf u a) 0w1 CI!S{rf% Telephone: (01'07 c/000 Mailing Address: c k P( r Le )(5 F L -C. Mt h L ..LcrS RI iat- (i e,e4 lir-f e airnt Ufilkll'If -et; V41 .'&k ry Location of property: f�z.rrels ate, kW id a fie l orintieJT 5;1 Acreage: �5 it Sanitation Authority Comments: rF S D tag cni /C /g'T i I ii i t C" (P: 'C/ T /54/0 S9 /5 /L v&eii kik i5. I I LI A n PPFSY4 ?,F ,4/'4 1/OL /✓-*7 -7-0 5 /FR ui 1 7 0- /r 1 ,Pi S 2 P4 0 7 Sanitation Authority Signature &:Date: r s/ i="z,____ Notice to Sanitation uffiority Please Return This Form to the Applicant Rezoning Comments Frederick County Sanitation At Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868 -1061 Applicant's Name: r e„t 7/ln in (T �I12J tbicli /2Qs LLC 23 hority Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review.- Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Zoniha requested: Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia (Wfcr cf u a) 0w1 CI!S{rf% Telephone: (01'07 c/000 Mailing Address: c k P( r Le )(5 F L -C. Mt h L ..LcrS RI iat- (i e,e4 lir-f e airnt Ufilkll'If -et; V41 .'&k ry Location of property: f�z.rrels ate, kW id a fie l orintieJT 5;1 Acreage: �5 I Fred -Wine Service Authority's Comments: W 6Owi'IC \609 Fred -Wine Service Authority'. Signature Date: t Wyk. Vic 44' Notice to Fred -Wino Service Authority Please Return Forth to Applicant Rezoning Comments Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred -Wine Service Authoritywith their. review. Attach a copy of your application form, locatior map, proffer statement, imp aet analysis, and any ether pe information. Applicant's Name: Current zoning: Frederick- Winchester Service Authority b109 k*JTris LL Mailing Address:% R7m er- Lash 09r. ll?hr) (JiS L� OtO i'tr (5te c- 6rziclei 501 /30 961)("Stz✓r, (L L- C Location of property: iiirCI5 Cy/2� leeitieli My, ikiht; %eaz PP Zoning requested: 6c.)— 31 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Telephone: /G7 C 7)(26 Acreage: c'- 3 1 April 13, 2009 Mr. John Lewis Painter— Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments DMJ Holdings, LLC Property Rezoning; PIN 64A- 4 -16A, 16, 17, 18, 19, 20 Zoning District: Proposed B2, Currently RP Dear Mr. Lewis: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins- AICP Senior Planner CEP /bad 9 j7 cc: Rhoda Kriz, HRAB Chairman 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Department of Parks Recreation Comments: NO COMMENT Se WS �/,rk t e o 7 Pks. Rec. Signature Date: Notice to Department of Parks Recreation Please Return This Form to the Applicant Rezoning Comments Frederick County Department of Parks Recreation Mali to: Frederick County Department of Parks Retireatio 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5678 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks Recretion with their review. Attach it copy of your application form, location map, profferstatement, impact analysis, and any other pertinent information. Applicant's Name: ,if�S I X Telephone: (i'7 1 7 f CCO Mailing Address: Location of property: Current zoning: �P `10 �C7(l�lP CIS Y C Mr't�Vhn ?eLth5 g7 CeCh e(!C,t- 6 Qa,Ne ?e LJu d'2pSfG VA R,R(r thkrek CdI'P /rrO,7J of fler -hoddf Ceraer of a% curl L EV At Zoning requested: Hand deliver to: Frederick County Department of Parks County Administration 107North Kent Street Winchester, Virginia Recreation Bldg., 2nd Floor Acreage: a_ 21 2009-Apr-30 04:41 Frederick County Public Scho4115406624237 $uprintoraont: a Fre 0.0*k way 011,6 lig; Sao:as: Wiaitta: FredafIck Qauritylgblia $,1,1o1:4 :tiperir_tegdep.t. 35O& Whicliesfer Yirginia-22004: 661,310 ca tea r. 4gru g g; IC) APtillaif1/4tA Pleagel fill: CiArrtheliifetta0 pb§silitedit 5014ittO, assist Xho Sup" tiliaariUM:of Patil):0,1$,ctibaCIVI$ Op.iiOttl(Oft i 10.aatk.14gRiPeiteXt 01.10:pOtitgitiiiTtrilt14090 mreolow, (.9.107-ci000 Mailing Address: et/o. P 7 /4» 3/) 7,tlic P i CtecLf&C ehe4Qe,t; (14 ar_2 cis ett, icrakci htOoriiodoci_ Corner or. Fp, goo ects.s SupeniAtentlent oftillgic§0991R .:Snia03:11ite004641 atate,X0ate:: TGoniamgricstqcir, :Trct County.,Puhtip',$Cliocils 4lfw,'AtTp94Ato4clit: 49 Attsipp4a911:th4gafrig 0‘. Ar VincitesteicVirginia, c tjt erc-Ce,t_ c r?\.. Soilitatp**11{0,015upolifia#40f, Rifaae.Rajarti TW tbeApplkant 2/2 Winchester Regional Airport's Comments: Winchester Regional Airport's Signature Date: P NN,t A Q q a 1\ C Notice to Winchester Regional Airport Please Return Form to Applicant Rezoning Comments Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662 -2422 Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with theirrevicw. Attach a Copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Location of property: i r//z /63 0t doer- kodie so anc/ s fir Current zoning: ke Winchester Regional Airport Zoning requested: 8 28 Hand deliver to: Winchester Regional Airport Attn: E Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Telephone: (0(2)7 Acreage: a April 27, 2009 Jill Fries Painter Lewis, PLC 816 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: Rezoning Comment RA to B2 DMJ Holdings, L.L.C. Shawnee Magisterial District Dear Ms. Fries: WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 The proposed rezoning request for DMJ Holdings, LLC would be considered compatible with airport operations. It appears that this type of rezoning will not impact business operations of the Winchester Regional Airport. We do request review of the site plan once it is developed. Applicant should be made aware that prior to site work being performed, in accordance with the Code of Virginia, Section 15.2 -2294, and the Federal Aviation Administration, the applicant must file a Notice of Proposed Construction, FAA Form 7460 -1 with the Federal Aviation Administration for proposed structure(s) and a separate 7460 -1 for construction equipment. Copies need to be forwarded to this office for record and review. Final comment on a site plan will be withheld pending the FAA's final determination which should a copy forwarded to this office. This process couid take upwards of sixty, (60) days and can be filed online. If you need further information, do not hesitate to contact me. Thank you for the opportunity to review this request. Sincerely, *Prr\ap(\,u Serena R. Manuel Executive Director Rezoning Application Route 50 at Custer Ave. DMJ Holdings, L.L.C. 345 Phelpsmore Lane Winchester, VA 22602 Applicant: DMJ Holdings, L.L.C. Mr. Mark Phelps Submitted By: PAINTER LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540 662 -5792 Job# 0812002 a of C? mtS 1. Application 2. L cats n #lap, Aerial -1toto 3. 4. 5. 6. 7. Traffic 0 €pact '9alysis 6. Proffer Statement 1 eed to Parcels 7 xes Curre Agency C rn i eats pact An lysos Statente Mr. John Lewis Painter Lewis, P.L.C. 817 Cedar Creek Grade Jule 12f.; Winchester VA 22601 Dear John: May 8, 2009 VIA FACSIMILE (540) 662 -5793 AND REGULAR MAIL Re: DMJ Holdings, LLC Route 50 and Custer Avenue Proposed Rezoning Proffer Statement dated March 24, 2009 107 North Kent Street Winchester, Virginia 22601 COUNTY of FREDERICK You have submitted to Frederick County for review a proposed proffer statement dated March 24, 2009 (the "Proffer Statement for the proposed rezoning of 2.85± acres constituting the property of DMJ Holdings, LLC "DMJ and others, Parcel Identification Numbers 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18, 64A -4 -19, and 64A- 4-20 (collectively, the "Property in the Shawnee Magisterial District, from the RP (Residential Performance) District to the B2 (Business General) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: I. With respect to Parcels 64A -4 -16 and 64A -4 -17, as best as 1 am able to d it appear that Winrh Peter Metals Inc. still holds an undivided one -half interest in the parcels. Specifically, the most recent deed for the parcels, Instrument Number 050023688, indicates that that interest was conveyed to C S Steel Fabricating, Inc., now known as Winchester Metals, Inc. The materials do not, however, indicate that Zuckerman Enterprises, Inc., from which DMJ claims title, ever acquired the interest of C S Steel Fabricating, Inc. 2. With respect to Parcel 64A- 4 -16A, likewise, it appears that Winchester Metals, Inc. still holds an undivided one -half interest in that parcel. The deed from the Commonwealth Transportation Commissioner for the parcel, at Deed Book 700, Page 225, indicates that the interest was conveyed to Charles Zuckerman Son, Inc., now known as Winchester Metals, Inc. The materials Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia@eotrederick.ya.us Mr. John Lewis May 8, 2009 Page 2 do not, however, indicate that Zuckerman Enterprises, Inc., from which DMJ claims title, ever acquired the interest of Charles Zuckerman Son, Inc. 3. Proffer 2 The heading is incorrect in that it refers to Route 657 and Route 656, instead of to Route 781 and Route 50. 4. Proffer 2 The proffer should indicate a date /event by which the improvements will be completed. Right now, the proffer states only that they will be designed and submitted for approval during the site plan review process. 5. Proffer 3 The proffer should indicate a date /event by which the easements will be recorded. Right now, the proffer states only that the easement °ai be defined during the site plan process. 6. Proffer 5 The proffer should indicate that the amount will be paid prior to issuance of a certificate of occupancy, rather than "prior to the occupancy as it now states. 7. On page 4, in the last paragraph, the second line, "even" should be "event 8. The signature block on the Proffer Statement indicates that Mark Phelps is acting by power of attorney. If Mr. Phelps is already a member, manager, or officer of DMJ and is authorized to act for DMJ in that capacity, the County could accept the Proffer Statement signed by Mr. Phelps directly on behalf of the DMJ. Otherwise, the County would need to receive a power of attorney, duly executed on behalf of DMJ, for such other person as may execute the Proffer Statement. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincerel Roderick B. Williams County Attorney cc: Michael Ruddy, AICP, Deputy Director of Planning and Development RE: DMJ Holdings, LLC m: Rod Williams [rwillia @co.frederick.va.us] Sent: Tuesday, May 26, 2009 8:36 AM To: 'John Lewis' Cc: 'Jill Fries'; 'Mike Ruddy' Subject: RE: DMJ Holdings, LLC John, I have gone back and reviewed what appear to be the relevant records for this matter and must respectfully disagree with your assertion that DMJ Holdings, LLC currently has clear title to a 100% interest in tax parcel numbers 64A -4 -16, 64A -4 -17, and 64A- 4 -16A. Specifically, with respect to lots 16 and 17, I find that Zuckerman Enterprises, Inc., formerly known (prior to 1/22/1986) as Zuckerman Company, Inc., made the following separate conveyances of undivided one -half interests in the two lots: On 11/14/1975, by deed recorded in Deed Book 451 at Page 655, to C &S Steel Fabricating, Inc., which was later known as Charles Zuckerman Son, Inc., and is today (since 7/1/2004) known as Winchester Metals, Inc. On 10/12/2005, by deed recorded as Instrument Number 050023688, to DMJ Holdings, LLC. Therefore, unless Winchester Metals, Inc., under that name or one of its previous names, conveyed its u Tided one -half interest to DMJ Holdings, LLC or to DMJ's predecessor -in- interest, Zuckerman Enterprises, Inc., formerly known as Zuckerman Company, Inc. (and I am unable to find any such conveyance in the land records from 1983 forward that are indexed electronically), I remain firmly of the view that DMJ Holdings, Inc. does not hold title to a 100% interest in lots 16 and 17. With respect to lot 16A, the deed from the Commonwealth Transportation Commissioner was jointly to Zuckerman Enterprises, Inc. and to Charles Zuckerman and Son, Inc. Zuckerman Enterprises, Inc. and Charles Zuckerman and Son, Inc., as the language in the middle of the second page of the 2005 deed to DMJ Holdings, LLC makes clear, are two separate entities, with the former now being Winchester Metals, Inc. As with lots 16 and 17, while Zuckerman Enterprises, Inc. has conveyed its interest in lot 16A to DMJ Holdings, LLC, I find no record that Charles Zuckerman and Son, Inc., now known as Winchester Metals, Inc., has done the same. I must note as well that I respectfully further disagree with your assertion that the County real estate records show that "DMJ and Winchester Metals are the same First, the fact that both names are listed in the tax records does not mean that the County considers the two entities to be one and the same, rather the double listing means that the County considers the two entities to be co- owners. In fact, the County would have no means, nor likely the authority, to make the determination in its tax records that two entities are one and the same. Fries Page 1 of 3 The records of the State Corporation Commission, however, which are the only authoritative records as e existence of Virginia business entities, clearly indicate that DMJ and Winchester Metals are not one the same. The SCC records show DMJ Holdings, LLC with SCC ID number S076841 -8 and a creation dais of 4/23/2002 and Winchester Metals, Inc. with SCC ID number 0161939 -4 and a creation date of 10/1/1975, that is, two separate entities. Finally, for DMJ Holdings, LLC and Winchester Metals, Inc. to be 7/15/2009 RE: DMJ Holdings, LLC one and the same would appear to be a legal impossibility, as one (DMJ) is organized as a Virginia limited 'lay company and the other (Winchester Metals) is organized as a Virginia corporation. As one further note, I would observe that, if DMJ Holdings, LLC and Winchester Metals, Inc. are now under common ownership, the mere fact of any such common ownership would not render the two entities one and the same. The common ownership may be able to direct one to convey its interest in the subject properties to the other, but absent such an action, the ownership of the subject properties appears to be had by two legally separate entities, meaning that DMJ Holdings, LLC would need Winchester Metals, Inc. to join it in any rezoning application for the subject properties. Rod Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 I�imile: (540) 667 -0370 t E -mail: rwillia @co.frederick.va.us Original Message From: John Lewis [mailto:jclewis @painterlewis.com] Sent: Friday, May 15, 2009 11:18 AM To: rwillia @co.frederick.va.us Cc: 'Jill Fries'; 'Mike Ruddy' Subject: DMJ Holdings, LLC Rod: You recently sent me comments on the rezoning for DMJ. I am trying to sort through the first two comments. The first concern is that there is no evidence that Zuckerman Enterprises, Inc. acquired the interest of C S Steel Fabricating, Inc. in the two peels identified as 64A -4 -16 and 64A -4 -17. It appears to me that a",,terman Company, Inc. conveyed half interest to C S in 1975. Then in 7/15/2009 Page 2 of 3 RE: DMJ Holdings, LLC 2005, Zuckerman Enterprises, Inc. conveyed (the other) half interest to DMJ. O S is now Winchester Metals, Inc. (a.k.a. DMJ Holdings) and Zuckerman Co. in now Zuckerman Enterprises. The second concern is that Zuckerman Enterprises, Inc. did not acquire the interest of Charles Zuckerman Son, Inc. on the parcel identified as 64A- 4 -16A. The deed dated 1998 conveyed half interest to Charles Zuckerman Son, Inc which subsequently changed its name to Winchester Metals, Inc. (a.k.a. DMJ Holdings). The same deed conveyed half interest to Zuckerman Enterprises, Inc. which conveyed same to DMJ in 2005. The name changes are listed in the deed. The county real estate records show that DMJ and Winchester Metals are the same. Please let me know if you concur with this. #iks l John C. Lewis Painter Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Off.: 540 662 -5792 Fax.: 540 -662 -5793 Cel.: 540 323 -5559 7/15/2009 Page 3 of 3 General. John Lewis TO: FROM: Michael T. Ruddy, MCP 7 1 „.e Deputy Director COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: Rezoning Notes Route 50 Custer Avenue, DMJ Holdings, LLC DATE: May 26, 2009 The following additional points are offered regarding the Route 50 Custer Avenue, DMJ Holdings, LLC Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. Route 50 a Custer Avenue DMJ Holdings LLC Rezonin Additional Rezonin Notes. This property is located in an area that is adjacent to a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties and neighborhood are considered. It does not appear as though sufficient evaluation of the potential uses impacts on the adjacent residential properties has been provided. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance and the sensitive integration of the project into the surrounding community. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. The elevation of the site compared with the adjacent residential properties should also be considered. Transportation. The evaluation of the access and immediate transportation impacts of this request does not adequately address the potential impacts and access issues that this property needs to deal with. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Route 50 Custer Avenue, DMJ Holdings, LLC Rezoning Preliminary Rezoning Comments May 26, 2009 Page 2 The Location of the property in relation to the existing road network, and particularly its close proximity to Custer Avenue and Route 50, highlights significant access issues. As stated in the impact analysis, access to both rights -of -way would be problematic without thorough analysis. A thorough analysis and an appropriate solution to this should be provided with this rezoning application, rather than with a future site plan as proposed. Preliminary design, right -of -way constraints, environmental impacts to the wetland areas on both sides of existing Custer Avenue, access to the adjacent properties, access management on Route 50, and timing of improvements proffered by others which may impact the conclusions of the TIA are some of the considerations that should be addressed prior to this application's acceptance for the Planning Commission. Bicycle and pedestrian accommodations should be considered at this time in connection with the proposed improvements and should relate to the surrounding neighborhoods and Route 50. It is anticipated that development may occur on the property to the east of this parcel. The evaluation of inter parcel circulation and access should be a greater consideration in this location. It may be beneficial to incorporate the adjacent property as part of the solution to the development issues in this location. Any improvements proposed to access this site should not negatively impact the adjacent site's access. Rather, an approach should be proposed that would accommodate the development of both properties. Proffer Statement. Any Fire and Rescue Proffer should be designated as being to Frederick County for Fire and Rescue Purposes. Similar to the approach provided with the recent Senseny Road Rezoning, which you prepared, a grater l .full a detail could h. provided with the proffered d GDP A proffer specifying an amount of development has not been provided. Therefore, please ensure that the impact statement's analysis is based upon the full development of the property. As an example, please provide the anticipated amount of usage of water and waste water based upon the full development of this site. Additional Comments Provided by Mr. John Bishop. County Transportation Planner A significant amount of additional work is needed to determine if safe access for commercial use of this property is possible. Particular attention will need to be paid to restricting left turns off of Custer Avenue too close to its intersection with Route 50. it would appear that any solution that leads to that end will need to include the neighboring B2 parcel. Route 50 Custer Avenue, DMJ Holdings, LLC Rezoning Preliminary Rezoning Comments May 26, 2009 Page 3 If right in right out is allowed on Route 50, the distance to the next crossover will need to be analyzed for weaving risks (if it is too near to the entrance) and potential improvements. Above notes aside, staff currently feels it is unlikely that a truly appropriate entrance scheme for commercial use can be attained given the limitations faced by this property. Staff feels„ based on that, it may be inappropriate to rezone this property to a more intense use than currently allowed under the existing zoning. MTR/bad cc: Mr. John Bishop, County Transportation Planner John Lewis From: Mike Ruddy [mruddy ©co.frederick.va.us] Sent: Wednesday, August 12, 2009 2:12 PM To: John Lewis Subject: DMJ Route 50 Hi John, Page l of l I believe John Bishop has forwarded a couple of points to you regarding this application. Please ensure that John's and VDOT's concerns are addressed. From my perspective, the application has made progress. I would continue to promote sensitivity to the adjacent residences and additional site design elements to guide the development of the site. Please confirm that the 35' height limitation would recognize the B2 exception allowable for hotels and motels, among other things. Naturally, with the high point of the lots being closer to the existing residences, the building location could minimize or increase the level of impact to the adjacent properties depending on its ultimate placement. The lighting proffer should be simplified to avoid the intent narrative and the standards evaluated against current requirements. Flexibility to the ultimate construction of the transportation improvements may be helpful. The timing of the improvements, and any other improvements proffered by others, should be further evaluated and described in the event that this project proceeds ahead of the others. The monetary transportation proffer may be tweaked in recognition of this element of the project. The final location of bike and pedestrian accommodations should also remain relatively flexible but consistent with the approach you have illustrated. As suggested previously, a continuation of the sidewalk approximately 200 feet to connect with the existing sidewalk in Raven Point may be achievable with this project. Please address those elements you can as part of the final submission to the County. It looks like we will also need a plat of rezoning. Thanks. Mike. 8/12/2009 John Lewis From: John Bishop (jbishop ©co.frederick.va.us] Sent: Wednesday, August 12, 2009 10:17 AM To: John Lewis Subject: DMJ John; I have reviewed the updated materials that you submitted and would offer the following; Thank you for the opportunity to comment. John 1. I think that a proffer that leaves the door open for cooperation between the applicant, VDOT, and the County to work out the best entrance and interconnectivity designs at site plan phase would be appropriate. 2. Based upon the recent rezoning at Old Charles Town and Route 11, the rezoning you did on Senseny Road, and the importance of Route 50 to the County transportation system it seems that the cash proffer for transportation does not offset the impacts of this rezoning. John A. Bishop, AICP Deputy Director Transportation Frederick County Planning Development 107 North Kent St, Suite 202 Winchester, VA 22601 Ph: 540- 665 -5651 F: 540 665 -6395 jbishop@co.frederick.va.us 8/18/2009 Page 1 of 1