65H13A26A_SovereignVillageRevisionENS FWN F1105 YXLVI
Action:
PLANNING COMMISSION: January 7, 2009 - Recommended Approval
BOARD OF SUPERVISORS: March 11, 2009 ID APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 414 -08 PROFFER REVISION OF SOVEREIGN VILLAGE
WHEREAS, Rezoning #14 -08 Proffer Revision of Sovereign Village, to revise the proffers associated
with Rezoning 415 -99, section titled Recreation Center, and applicable to 3.03 acre parcel. The proffer
revisions, dated December 11, 2008 with revision date of December 12, 2008, propose modifications to the
Sovereign Village Recreation Center. The property is located at the southwestern corner of the intersection
of Rossmann and Farmington Boulevards in the Red Bud Magisterial District, and is identified by Property
Identification Number 6514- 13A -26A.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 11, 2009; 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 proffers concerning
Rezoning 415 -99, section titled Recreation Center, and applicable to 3.03 acre parcel. The proffer
revisions propose modifications to the Sovereign Village Recreation Center, as described by the
application and attached conditions voluntarily proffered in writing by the applicant and the property
owner.
PDRes. #44 -08
This ordinance shall be in effect on the date of adoption.
Passed this 11th day of March, 2009 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Gary A.
Lofton
Ay a
Gary Dove
Aye
Bill M.
Ewing
Aye
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
John R. Riley, Jr.�
Frederick County Administrator
PDRes. #44 -08
December 12, 2008
Page 1
ChanningDrive — SovereignVillage
Revised Proffer
CHANNING DRIVE — SOVEREIGN' VILLAGE
PROFFER STATEMENT
(Proffer revision)
REZONING
PROPERTY
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
RZ#
RP Residential Performance District with Proffers to RP Residential Performance
District with Revised Proffers
3.03 acres +/ -
Tax Parcel 65H- 13A -26A (herein after the "Property ")
Manning & Ross Developers LLC
Manning & Ross Developers LLC
Sovereign Village Recreation Center
December 11, 2008
December 12, 2008
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of
the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants
hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approved
Rezoning Application # /c/'o� for the rezoning of 3.03 + /- acres from the RP Residential Performance
with Proffers to establish the 3.03 +/- acres of RP Residential Performance with Revised Proffers,
development of the subject property shall be done in conformity with the terms and conditions set forth
herein, except to the extent that such terms and conditions may be subsequently amended or revised by
the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with
the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. The proffers shall be binding upon this
Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as land owned by Manning & Ross Developers LLC, being a
3.03 acre +/- parcel located in the Sovereign Village subdivision, at the southwestern corner of the
intersection of Rossmann and Farmington Boulevards, and identified by Tax Parcel # 65H -13A -26A.
December 12, 2008
Page 2
Recreation Center
Channing Drive — Sovereign Village
Revised Proffer
The applicant hereby proffers to construct a recreation center which achieves the following criteria:
• 30 foot by 50 foot swimming pool
• Zero depth entry for handicap ramp
• Pool depth, excluding handicap ramp, to range from three feet to five feet
• Two 50 foot lap lanes
• Pool decking surrounding pool surface, sized appropriately for size of pool
• Two bathhouses with changing areas, toilets, and sinks. Sized appropriately for pool
• Covered breezeway with check -in counter
• Wrought Iron -look fence around pool decking, adjoining to bathhouses and entrance breezeway
• Four no maintenance decking picnic tables on remaining foundation, unfenced
• Enclosed and secured storage area for pool supplies
• No Multi- purpose court
• Recreation center will be available for use by July 4, 2009
• Applicant will own and operate pool until at least January 1, 2011
• First right of refusal for ownership transfer given to Sovereign Village Homeowner Association
( SVHOA) for $0 fee simple, no sooner than January 1, 2011
c Records and accounting of monies and time required to run pool given at offer time to
SVHOA for review during 90 -day decision period
c SVHOA will accept or decline ownership within 90 days of offer.
The above described recreation center will be constructed in lieu of the previously proffered Recreation
Center from the Charming Drive rezoning (RZ# 15 -99).
December 12, 2008
Page 3
Signatures
Channing Drive — Sovereign Village
Revised Proffer
The conditions proffered above shall binding upon heirs, executors, administrators, assigns and
successors in the interest of the Applicant and owner. In the event the Frederick County Board of
Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County Code.
Respectfully submitted:
Manning & Ross Developers LLC
)evelopers LLC
Commonwealth of Virginia
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Manning & Ross Developers LLC
By:
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Commonwealth of Virginia
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