HomeMy WebLinkAbout014-08 Sovereign Village - Red Bud - Proffer Rev. to Rec. Center - BackfileREZONING TRAC NG SHEET
PRoFfF_tt FV I
Check List:
Application Form , Fee & Sign Deposit _
Proffer Statement Deed _
Impact Analysis Plat/Survey _
Adjoiner List Taxes Paid Statement
S File opened
S r� Reference manual updated/number assigned
/ O D-base updated
S O Copy of adjoiner list given to staff member for verification
S O b Color location maps ordered from Mapping
Q d2jtiApplication Action Summary updated
O Planning Commission Meeting ACTION:
3 )/0 Board of Supervisors Meeting ACTION:
3 !a tO LY Signed copy of Resolution received from County Administrator and
placed in Proffers Notebook together with proffers
3 3- ,O Approval (or denial) letter mailed to applicant/copy to file and cc's
0 Reference manual updated
• D-base updated
Application Action Summary updated
A— File given to Mapping to update zoning map
— Zoning map amended
Sys ID # 1 1 / J
COU UTR91ERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
March 13, 2009
Mr. David Madison, Manager
Manning & Ross Developers, LLC
PO Box 27
Winchester, VA 22604
RE: REZONING #14-08, SOVEREIGN VILLAGE
PIN # 65H-13A-26A
Dear Mr. Madison:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of March 11, 2009. The above -referenced application was approved to revise the proffers
associated with Rezoning #15-99, section titled Recreation Center and applicable to a 3.03 acre
parcel. The proffer revisions propose modifications to the Sovereign Village Recreation Center.
The property is located at the southwestern comer of the intersection of Rossmann and Farmington
Boulevards in the Red Bud Magisterial District.
The proffer statement, dated December 11, 2008, with final revision date of December 12, 2008, that
was approved as a part of this rezoning application is unique to the above referenced properties and
is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincek.,
Eri ce, AICP
Planning Director
ERL/bad
Attachment
cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor
Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Sovereign Village HOA, Inc., PO Box 652, Winchester, VA 22604
Thomas Moore Lawson, Esq., PO Box 2740, Winchester, VA 22604
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
0 0
REZONING APPLICATION #14-08
Proffer Revision
SOVEREIGN VILLAGE
Staff Report for the Board of Supervisors
Prepared: March 2, 2009
Staff Contact: Eric R. Lawrence, AICP, Director
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 where relevant throughout this staff report.
Reviewed
Planning Commission: 01/07/09
Board of Supervisors: 01/14/09
02/ 11 /09
03/11/09
Action
Recommended Approval
Postponed at Applicant's Request
Postponed at Applicant's Request
Pending
PROPOSAL: To revise proffers associated with Rezoning #15-99, section titled Recreation Center
and applicable to 3.03 acre parcel. The proffer revisions propose modifications to the Sovereign Village
Recreation Center.
LOCATION: The property is located at the southwestern corner of the intersection of Rossmarm and
Farmington Boulevards, within the Sovereign Village subdivision.
RECOMMENDATION FOR 03/11/09 BOARD OF SUPERVISORS MEETING:
This rezoning application to revise the proffers associated with the composition of the Recreation
Center appears to be in compliance with the Comprehensive Policy Plan, and continues to meet the
intent of the originally proffered Recreation Center. The proposal recognizes the interest of the
residences in the Sovereign Village community, acknowledges the community facilities under
construction as part of the Greenwood Mills Elementary School, and further defines the features of the
proposed Recreation Center. The Plamming Commission has forwarded a recommendation for approval.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate.
Rezoning # 14-08 — Sovereign Village
March 2, 2009
Page 2
PROPOSAL: To revise proffers associated with Rezoning #15-99, section titled Recreation Center
and applicable to 3.03 acre parcel. The proffer revisions propose modifications to the Sovereign Village
Recreation Center.
LOCATION: The property is located at the southwestern corner of the intersection of Rossmami and
Farmington Boulevards, within the Sovereign Village subdivision.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 65H-13A-26A
PROPERTY ZONING: RP (Residential Performance)
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP Residential Performance Use: Vacant
South: RP Residential Performance Use: Residential
East: RP Residential Performance Use: Residential
West: RP Residential Performance Use: Residential
PROPOSED USES: Recreation Center with a swimming pool and batl-ihouses
REVIEW EVALUATIONS:
Planning & ZoninL,:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the
zoning for the acreage within this proffer revision site as A-2 (Agricultural General) District.
This zoning classification was modified to RA (Rural Areas) District on February 14, 1990
during the Comprehensive Amendment to the County's Zoning Ordinance.
The Board of Supervisors approved Rezoning Application 415-99 for Charming Drive on
December 8, 1999. This action established 354.3 acres of land zoned RP (Residential
0 0
Rezoning # 14-08 — Sovereign Village
March 2, 2009
Page 3
Performance) District, and 22.0 acres of land zoned B2 (Business General) District. This
December 8, 1999 approval established the subject 3.03 acre Recreation Center site as RP
(Residential Performance). This property was originally Master Planned with MDP #08-2000
which was for the entire Charming Land Bay. The original MDP for the Charming Drive
project included the developments now known as Lynnhaven, Twin Lakes, and Sovereign
Village. A MDP specifically for Sovereign Village was approved on July 9, 2007; the
Recreation Center site was depicted on this Sovereign Village MDP.
The present request to revise the proffers of REZ#15-99 would only apply to the 3.03 acre
Recreation Center site.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. 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.
[Comprehensive Policy Plan, p. 1-1]. The submitted proffer revision fin-thers the policies of the
Comprehensive Policy Plan.
3) Intended Use
The revised proffers would provide for the construction of a swinuning pool, and clarify the size
and scope of the previously proffered Recreation Center. The site will no longer contain the
previously proffered 3,000 square foot community building.
4) Proffer Statement - Dated December 11, 2008 and Revised December 12, 2008
The signed proffer statement commits the applicant to construct a Recreation Center by July 4,
2009. The proffer further defines the amenities that will be included in the Recreation Center,
such as a:
• 30 foot by 50 foot swimming pool
o Zero depth entry for handicap ramp
o Pool depth, excluding handicap ramp, to range from three feet to five
feet
o 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
0 0
Rezoning #14-08 — Sovereign Village
March 2, 2009
Page 4
• No multi -purpose court
• 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
o Records and accounting of monies and time required to run pool
given at offer time to SVHOA for review during 90-day decision
period
o SVHOA will accept or decline ownership within 90 days of offer
If approved, this proffer, as described above, would replace the recreation center proffered in the
original Channing Drive rezoning, REZ#15-99.
STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING:
This rezoning application to revise the proffers associated with the composition of the Recreation
Center appears to be in compliance with the Comprehensive Policy Plan, and continues to meet the
intent of the originally proffered Recreation Center. The proposal recognizes the interest of the
residences in the Sovereign Village community, acknowledges the community facilities under
construction as part of the Greenwood Mills Elementary School, and fiu-ther defines the features of the
proposed Recreation Center.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/07/09 MEETING:
The Planning Staff reported that the proffer revision eliminates the 3,000 square -foot requirement for a
building and offers a 30-foot by 50-foot swimming pool with bath houses, registration area, storage, and
picnic tables. A preliminary site plan has been submitted and the revisions have been endorsed by the
SVHOA. Additional information in the proffer guarantees the facility to be open by July 4, 2009.
Two residents of Sovereign Village spoke during the public comment portion of the hearing. The
president of the SVHOA supported the proffer revisions and commented that the SVHOA would not be
able to financially support the maintenance and insurance costs associated with a larger swimming pool.
She said for similar financial reasons, the SVHOA was willing to forego construction of a recreation
center and were happy to use the recreation facilities within the new neighborhood elementary school
instead. The other resident inquired about the installation of showers within the bath houses and if there
were any codes requiring showers to be installed.
A member of the Commission commented that the proposed swimming pool was still too small for this
size community and the pool should be 36-40 feet by 75 feet in size; the size pool proposed by the
developer was a non-standard size and equipment purchased will need to be specially fabricated.
Rezoning #14-08 — Sovereign Village
March 2, 2009
Page 5
Other Commissioners said they were satisfied with the proposal, if the SVHOA was happy with and
supported it. By a majority vote, the Planning Commission recommended approval of the proffer
revisions as proposed.
The majority vote was as follows:
YES (TO REC. APPROVAL): Mohn, Kerr, Triplett, Kriz, Ours, Wilmot, Oates, Ruckman, Manuel,
Ambrogi, Watt, Unger
NO: Thomas
SUMMARY FROM BOARD OF SUPERVISORS MEETING ON 1/14/09:
At the request of the applicant, the Board of Supervisors postponed action on this application. Neither
the public hearing nor Board discussion regarding the application occurred.
SUMMARY FROM BOARD OF SUPERVISORS MEETING ON 2/11/09:
At the request of the applicant, the Board of Supervisors postponed action on this application. Neither
the public hearing nor Board discussion regarding the application occurred.
RECOMMENDATION FOR 03/11/09 BOARD OF SUPERVISORS MEETING:
This rezoning application to revise the proffers associated with the composition of the Recreation
Center appears to be in compliance with the Comprehensive Policy Plan, and continues to meet the
intent of the originally proffered Recreation Center. The proposal recognizes the interest of the
residences in the Sovereign Village community, acknowledges the community facilities under
construction as part of the Greenwood Mills Elementary School, and further defines the features of the
proposed Recreation Center. The Planning Commission has forwarded a recommendation for approval.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate.
y,(ppDRpWR�fi WALES CT�T\�
\ CANYON R
Sovereign Village
ReZoning
REZ#14-08
PIN: 65H - 13A - 26A
Case Planner Fr
Future Rt37 Bypass Zoning M2 (Industrial, General District)
QREZ 1408SovereignVillage BI (Busixss, Neighborhood District) - MHI (Mobik Home Communih District)
Buildings B2 (Bmitreas, General Dimrist) - MS (Medical Support District)
� r E Grban Das rlopmrnt Arca 41M BS (Business, Industrial Transition District) ` R4 (Residential Planned Community District)
O"Il♦o SN'SA 41M EM (Estraetire Manufacturing District) RS (Residential Recreational Community District)
• HE (Higher Education District) RA (Rural Area District)
MI (Industrial, Light District) RP (Residential Performance District)
0 75 150 300 Feet
E
t 0 •
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
''o be completed by Planning Staff
Fee Amount Paid $
oning Amendment umb r y �, Date Received %
'C Hearing Date / U BOS Hearing Date
.a / 0/l
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: Manning & Ross Developers LLC Telephone: 540-723-9868
Address: PO Box 27
Winchester, VA 22604
2. Property Owner (if different than above)
Name:
Address:
3. Contact person if other than above
Telephone:
Name: Dave Madison Telephone: 540-723-9868
4. 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
12
5. The Code of Virginia allows us to request full disclosure of ownership in relation
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Greg Bancroft
David Madison
6. A) Current Use of the Property: Vacant — Planned Recreation Site
B) Proposed Use of the Property: Recreation Site — Swimming Pool
7. Adjoining Property:
ARCEL ID NUMBER USE ZONING
See adioiner list Residential
8. Location: The property is located at (give exact location based on nearest road and
from nearest intersection, using road names and route numbers):
Southwest corner of Rossmann and Farmington Boulevards. Within the
Sovereign Village Subdivision
Property Identification Number 65I-I-13A-26A
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:
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): . f "�`- — — ' ' Date: L4 )a k'5
Date:
6
Adjoining Property Owners
Rezoning
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,Jloor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name
Property 965-A-39B
Name
Property #6511-13A-I - 10
Name
Property #651-1-1-1-1, 76, 64, 63, 62
Name Sovereign Village I-IOA POB 3478, 22604
Property 965H-1-1-76A
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
15
y
02/20/2008 16:27 FAX
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LA'WSON AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POST OFFICE 13OX 2740
WINCHESTER, VA 2260d
TELEPHONE: (540) 665-0050
FACSIMILE: (Sd0) 922-4051
FACSIMILE COVER SHEET
Date: February 20, 2009
To: Roderick B, Williams, Esquire
Facsimile No.: 667-0370
From: Thomas Moore Lawson; Esquire
Oar File No: Manning & Ross Developers LLC
Number of pages
including cover: 2
Message: Please see the attached letter.
The information contained in this facsimile message is information intezided only for the use of
the individual or entity named above, and may be attorney/client privileged and confidential. If
the reader of this message is not the intended recipient; you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited, If you have
received this communication in error, please immediately notify us by telephone and return the
original message to us at the above address via the U-S. Postal Service. Thank you.
FuuN t ROYAL Avnuttm P06T OFFICE BOX 602, FRONT ROYAL, VIRCLNIA 12630, TELEPHONE; (540) 6JP-9415, FAC•SIFOLK; (540) 635.9421, E-MAIL: SILW(kLYNRCONNECT.COM
FAIRFAXAOORW; IOP05 MAINSTRfiEr,5UFF52O0, FAIRvA7I,Y'15OINIA 2}OJR, TVLsvrtorvs:(703)3524615,FAclINILE:p03)332-4190,E•MUILt Tr{OMASOLAH'sON'(4v¢a¢orv.NES'
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LAWsON AND SILEK, P.L.C.
120 rxrTrrR DRIvE, SUITE 200
POST OFFICE BOX 2740
WINCHESTEP, VA 22604
TELEPHONE; (540) 66"050
FACSIMILE: (540)722-4051
February 20, 2009
Roderick $. Williams, Esquire
County Attorney
107 North Kent Street
Winchester, VA 22601
THOMAS MOORF. LAWSON rTI AWFON (/ LSPLC COM
Re: Rezoning of Sovereign Village
Our File No. 860.001
VIA FACSIMILE ,AND U.S. MAIL
Dear Rod:
Thank you for your phone message of February 20, 2009 concerning the date of March
25th not being available for the Proffer Amendniont for Manning & Ross. In your message, you
stated March 1 Ith would be available, therefore, this is to confirm that we would like to have this
Proffer Amendment placed on the March 11 tb Board meeting.
Thank you for your continued assistance and cooperation. If you have any questions,
please do not hesitate to give me a call.
Very truly yours,
/s/ Thomas Moore Lawson
Thomas Moore Lawson
TML:sih
cc: Manning and Ross Builders
F."T ROYAL ADDRESS; P06T OFFICE &A 602, r11VRT RQ AI„ j,IRGINIA 12610, TELEPII ONE: (540) 635-0415, PACJIMILL: (540) 635-9421, EMAIL; SILEKJC1I.YNX(:ONNR(:]'.(11M
FAIRPAXAODRr9S: IOBUS MAIN SSREST. SVITE 200, FnIRP^ YIR0IKIA 220.10,Txi.EPO0NN! (70) 36L2615, FACUMILE; (701) JS2.4I90, E-MAIL:'FRppInEO.LnW50NfwERI7,ONNET
• 02/20/2008 15:31 FAX
[a001/002
LAWSON AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POST OFFICE sox 2740
W INCHESTER. VA 22604
TELEPHONE: (540) 6(1$ 050
FACSYMiLF, (540) 722-4051
FACSIMILE COVER SHEET
Date: February 20, 2009
To: Roderick B, Williams, Esquire
Facsimile No.: 667-0370
From, Thomas Moore Lawson, Esquire
Our File No: Manning & Ross Developers LLC
Number of pages
including cover: 2
Message: Please see the attached letter.
The information contained in this facsimile message is information intended only for the use of
the individual or entity named above, and may be attorney/client privileged and confidential. If
the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the
original message to us at the above address via the U.S. Postal Service_ Tbai* you.
Mons RPYAL A00R&f51 POAr OTmC Ho; 602, FRONT AD V AL, VIRGINIA 2I630,TEL-PH0NE: (540) 635.9415, rAC91MH u (540) 631•9121. &MAIL: 91LEKjWLYNACONNE6T•c0hI
FAICTAx AI10RI.M 10005 MAINSTREET,SURE 200, FAIRFAX. VIACINIA22030,TEWHONEI(703)352,2615,FACSIMILE:(703)3514190,ryMAH_THONIA30LAN'SONfQVER120N.NET
02/20/2009 15:31 FAX 002/002
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LAwSON AND SILEK, P.L.C.
120 EXFTKP DRIVE:, SUITE: 200
POST OFFICE: EM 2740
WIN['11Q, MP, VA 22604
Tf:1•LFNONE: (540) S 0[I IO
FACSIMILE; (540) 722-4051
February 20, 2009
Roderick 13_ Williams, Esquire
County Attorney
107 North Kent Street
Winchester, VA 22601
'1110ALAS 5i(K)RE: LAWNON • TLAWSOMU LSPI.( ,COM
Re: Rezoning of Sovereign Village
Our File No. 860,001
VIA FACSIMILE AND U.S. MAIL
Dear Rod:
This is to confirm that Manning & Ross would like to have the Proffer amendment placed
on the March 25"' Board meeting. Also, so you know, we are sending correspondence to all the
citizens of Sovereign Village in order to try to confirm everyone's approval for the amendment_
Thank you for your continued assistance and cooperation. if you have any questions,
please do not hesitate to give me a call.
Vepy-traW yours,
Thom Le La
TML:atd
cc: Manning and Ross Builders
FtONT RMALA,PPMB1 POST OFFICE BOX 635-9415, FACET?MLX; (E4D) 635.94x1, ArMAIU rI EKJ@LVNXLONwrCr.COM
FmkYAi AADnm; 10605 MAIN 6YQIt7r, IIOSTE 200, FAMAY, V)zcmu 32030, TELtKruonE: (703) 552.2615. FaesMkV! (703) 352-4190, &MAILi TnbmnyQ.LAwyorygveylWnl1ET
02/11/2008 16:17 FAX
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[a 001 /003
LAWSON AND SILE+ K, P.L.C.
120 EXETER DRIVE, armE200
POUT OFFICE BOX 2740
R'1NCIMATUR, VA 22604
TELxPmoNE: (S40)6654)030
VACHunu.c: (540) 722-4051
FACSIMILE COVED, SHEFT
Date: February 11, 2009
To: John R. Riley, Jr., County, Administrator 667-0370
Roderick 13. Williams, Esquire 667-0370
Erie R, Lawrence, AMP, Director 66.5-6395
'Prom_ Thomas Moore, Lawson, Esquire
Our Filc No: Manning & Ross Dcvelopers LLC
Number of pages
including cover. 9
Message: Please see the attached letter, Thank you,
The information contained in this facsimile mcssa�e is information intended only for the use of
the individual or entity named above, and may be attorney/client privileged and confidential. If
the reader of this message is not the intendcd rccipicnt, you are hereby notified that any
dissemination, distribution or copying of this comrnunicstion is strictly prohibited, If you have
received this communication in error, ple"e immediately notify us by telephone and return, the
original message to us at the above address via the U, S, pnstRd Service. Thank you.
F40N7 ROYAL Amuft Y�� P�v�Ci tox wi, h,axr R8'.nL v�,,��rnA zznw, TLLFPHO(SO WS91IS. FACsams,,.ml �FAIf 1, rcuw...�,,eec,fl�rnn carr�.,�,,caM cAl—Aq„ d: immM IRi$IMr1,-'5kM M FAMFAX. VAOInu IILM Timm,—�,(7oa)3Qz 6jf.rnCMMjk (70)&N-In.i,nAfL;'I710M��1,A�rspv(�jvgRl20a.nr.7
02/11/2009 16:17 FAX
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LAWSON AND SILEK, P;L.0
IZ0 KYSTER DMV2, Sm7T. zoo
POST OFFICE HOX 2740
WINCNE:5T1(I(, VA 'L't%lt4
TmErHo11B: (540) 6ds en1A THOALLe M00RC LAWSON • Ti.^W$p�( LSP1.C.'.l'.6M
FAMKMTLE; (s+o) 7ZZ-4051
February 11, 2004
Richard C. Shiekle, Chairman At -Large
Mr, Gene E. Fisher
Shenandnah University
Shenandoah University
1460 University Drive
1460 Urn vcrsity Drive
Winchester, V.A. 22601
Winchester, VA 22601
Mr. Qary A. Loflon
Mr. Charles C. DeHaven, Jr.
711 Buff tIn Marsh Road
2075 Martinsburg Pike
MiddlctnAm VA 22645
Winchester, VA 22603
Mr. Philip A. T -inieux
Mr. Gary W, Dnve,
106 Dcll Cotut
821 Applt Pic Ridge Road
Winchester, VA 22602.
Winchester, VA 2.2603
Mr. Bill Ewing
P.O. Box 27
Stephens City, VA 72655
Re: Manning & Ross Developers LLC
Our File No, 860.001
VIA FACSIM)UF, AND U.S- MAIL
Dear Mr, Chairman and Members of the Board:
Unfort(inately, the property o\r,ner is in.the same position that it wag in whrn it made a
request to table thr above -referenced matter at your January 14th meeting. We wnuld,, the r.fore,
respectfully re fit m.5t that this matter be tabled again to allow for further discussions with the residcnts
of Sovorcign Villagc and confirmation that there is an agreement to the requcstcd Prnffer
amendments.
FROW RMALAOW A'lr ( OrwCC1—MI, P•p111 NV1A4VrK(MNIA 7XVJ0,7ELE7110NL;(140) 61S.9415.FACHINILL(517) 01.01JI F_MNLI GUWI/ LYHKC WN&(.'r pM
PM ADDR,16dM MAID 51[L'LT, rultc JDQ, rAi■.Ax.vIRfJNjA 2j03C'T KVMQurj(103)jfzatls.P..c(703)Js1�irV,G-MAII.:,rnwi ASO.LAw&,NavmwN.MCT
02/11/2009 16:17 FAX 1003/003
L
Fxedcrick County Bnarti of Supervisors
Fcbruaiy 11, 2009
'age 2
Thank you for your consideration of this request. If anything further is rcquired to tffrct the
tabling, p1cage advise ine immediately,
I IM/:atd
cc: Manning & Ross Developers LLC
Johil R. Riley, ,Tr_, County .Administrator
Roderick. R. Williams, Esquire
Eric R. Z,avyrrncc, Director
•
FEB 1 2 2009 COUNTY of FREDERICK
February 12, 2009
VIA FACSIMILE and
FIRST-CLASS MAIL
Thomas Moore Lawson, Esq.
Lawson and Silek, P.C.
120 Exeter Drive, Suite 200
P.O. Box 2740
Winchester, Virginia 22604
Re: Sovereign Village
Dear Ty:
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.frederick.va.us
This is to confirm that the Board of Supervisors last night postponed the Sovereign
Village proffer revision item. The postponement is for an indefinite time. Manning & Ross will
need to notify the County at such time that it desires to have the matter placed back on the Board
agenda. In this regard. please note that advertising requirements mean that we will need to
receive that notification at least three weeks prior to the desired Board meeting date.
Sincerely,
I r"� � U
Roderick B. Williams
County Attorney
cc: John R. Riley, Jr., County Administrator
Eric R. Lawrence, Director, Department of Planning & Development
107 North Kent Street • Winchester, Virginia 22601
REZONING APPLICATION 914-08
Proffer Revision
SOVEREIGN VILLAGE
Staff Report for the Board of Supervisors
Prepared: January 30, 2009
Staff Contact: Eric R. Lawrence, AICP, Director of Planning
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 where relevant throughout this staff report.
Reviewed
Planning Commission: 01/07/09
Board of Supervisors: 01/14/09
02/11/09
Action
Recommended Approval
Postponed at Applicant's Request
Pending
PROPOSAL: To revise proffers associated with Rezoning #15-99, section titled Recreation Center
and applicable to 3.03 acre parcel. The proffer revisions propose modifications to the Sovereign Village
Recreation Center.
LOCATION: The property is located at the southwestern corner of the intersection of Rossmatui and
Farmington Boulevards, within the Sovereign Village subdivision.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 65H-13A-26A
PROPERTY ZONING: RP (Residential Performance)
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RP Residential Performance
Use:
Vacant
South:
RP Residential Performance
Use:
Residential
East:
RP Residential Performance
Use:
Residential
West:
RP Residential Performance
Use:
Residential
0 •
Rezoning #14-08 — Sovereign Village
January 30, 2009
Page 2
PROPOSED USES: Recreation Center with a swinuning pool and bathhouses
REVIEW EVALUATIONS:
Planninp, & ZoninjZ:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the
zoning for the acreage within this proffer revision site as A-2 (Agricultural General) District.
This zoning classification was modified to RA (Rural Areas) District on February 14, 1990
during the Comprehensive Amendment to the County's Zoning Ordinance.
The Board of Supervisors approved Rezoning Application #15-99 for Charming Drive on
December 8, 1999. Tlus action established 354.3 acres of land zoned RP (Residential
Performance) District, and 22.0 acres of land zoned B2 (Business General) District. This
December 8, 1999 approval established the subject 3.03 acre Recreation Center site as RP
(Residential Performance). This property was originally Master Planned with MDP #08-2000
which was for the entire Channing Land Bay. The original MDP for the Charming Drive
project included the developments now known as Lymihaven, Twin Lakes, and Sovereign
Village. A MDP specifically for Sovereign Village was approved on July 9, 2007; the
Recreation Center site was depicted on this Sovereign Village MDP.
The present request to revise the proffers of REZ#15-99 would only apply to the 3.03 acre
Recreation Center site.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. 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.
[Comprehensive Policy Plan, p. 1-1]. The submitted proffer revision furthers the policies of the
Comprehensive Policy Plan.
3) Intended Use
The revised proffers would provide for the construction of a swinuning pool, and clarify the size
and scope of the previously proffered Recreation Center. The site will no longer contain the
previously proffered 3,000 square foot community building.
4) Proffer Statement - Dated December 11, 2008 and Revised December 12, 2008
The signed proffer statement commits the applicant to construct a Recreation Center by July 4,
2009. The proffer further defines the amenities that will be included in the Recreation Center,
such as a:
Rezoning #14-08 — Sovereign Village
January 30, 2009
Page 3
• 30 foot by 50 foot swimming pool
o Zero depth entry for handicap rarnp
o Pool depth, excluding handicap ramp, to range from three feet to five
feet
o 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
• 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
o Records and accounting of monies and time required to run pool
given at offer time to SVHOA for review during 90-day decision
period
o SVHOA will accept or decline ownership within 90 days of offer.
If approved, this proffer as described above would replace the recreation center proffered in the original
Charming Drive rezoning, REZ#15-99.
STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING:
This rezoning application to revise the proffers associated with the composition of the Recreation
Center appears to be in compliance with the Comprehensive Policy Plan, and continues to meet the
intent of the originally proffered Recreation Center. The proposal recognizes the interest of the
residences in the Sovereign Village corn munity, acknowledges the community facilities under
construction as part of the Greenwood Mills Elementary School, and further defines the features of the
proposed Recreation Center.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/07/09 MEETING:
The Planning Staff reported that the proffer revision eliminates the 3,000 square -foot requirement for a
building and offers a 30-foot by 50-foot swimming pool with bath houses, registration area, storage, and
picnic tables. A preliminary site plan has been submitted and the revisions have been endorsed by the
SVHOA. Additional information in the proffer guarantees the facility to be open by July 4, 2009.
Rezoning # 14-08 — Sovereign Village
January 30, 2009
Page 4
Two residents of Sovereign Village spoke during the public comment portion of the hearing. The
president of the SVHOA supported the proffer revisions and conunented that the SVHOA would not be
able to financially support the maintenance and insurance costs associated with a larger swimming pool.
She said for similar financial reasons, the SVHOA was willing to forego construction of a recreation
center and were happy to use the recreation facilities within the new neighborhood elementary school
instead. The other resident inquired about the installation of showers within the bath houses and if there
were any codes requiring showers to be installed.
A member of the Conunission commented that the proposed swinuning pool was still too small for this
size community and the pool should be 36-40 feet by 75 feet in size; the size pool proposed by the
developer was a non-standard size and equipment purchased will need to be specially fabricated.
Other Commissioners said they were satisfied with the proposal, if the SVHOA was happy with and
supported it. By a majority vote, the Planning Commission recommended approval of the proffer
revisions as proposed.
The majority vote was as follows:
YES (TO REC. APPROVAL): Molui, Kerr, Triplett, Kriz, Ours, Wilmot, Oates, Ruckman, Manuel,
Ainbrogi, Watt, Unger
NO: Thomas
SUMMARY FROM BOARD OF SUPERVISORS MEETING ON 1/14/09:
At the request of the applicant, the Board of Supervisors postponed action on this application. Neither
the public hearing nor Board discussion regarding the application occurred.
RECOMMENDATION FOR 02/11/09 BOARD OF SUPERVISORS MEETING:
This rezoning application to revise the proffers associated with the composition of the Recreation
Center appears to be in compliance with the Comprehensive Policy Plan, and continues to meet the
intent of the originally proffered Recreation Center. The proposal recognizes the interest of the
residences in the Sovereign Village community, acknowledges the community facilities under
construction as part of the Greenwood Mills Elementary School, and further defines the features of the
proposed Recreation Center. The Plamung Commission has forwarded a recornrnendation for approval.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate.
REZONING APPLICATION #14-08
Proffer Revision
SOVEREIGN VILLAGE
Staff Report for the Board of Supervisors
Prepared: January 8, 2009
Staff Contact: Eric R. Lawrence, AICP, Director of Planning
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 where relevant throughout this staff report.
Reviewed Action
Planning Commission: 01/07/09 Recommended Approval
Board of Supervisors: 01/14/09 Pending
PROPOSAL: To revise proffers associated with Rezoning #15-99, section titled Recreation Center
and applicable to 3.03 acre parcel. The proffer revisions propose modifications to the Sovereign Village
Recreation Center.
LOCATION: The property is located at the southwestern corner of the intersection of Rossmann and
Farmington Boulevards, within the Sovereign Village subdivision.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 65H-13A-26A
PROPERTY ZONING: RP (Residential Performance)
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RP Residential Performance
Use:
Vacant
South:
RP Residential Performance
Use:
Residential
East:
RP Residential Performance
Use:
Residential
West:
RP Residential Performance
Use:
Residential
PROPOSED USES: Recreation Center with a swimming pool and bathhouses
Rezoning # 14-08 — Sovereign Village
January 8, 2009
Page 2
REVIEW EVALUATIONS:
Plannini & Zoninlz:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the
zoning for the acreage within this proffer revision site as A-2 (Agricultural General) District.
This zoning classification was modified to RA (Rural Areas) District on February 14, 1990
during the Comprehensive Amendment to the County's Zoning Ordinance.
The Board of Supervisors approved Rezoning Application #15-99 for Charming Drive on
December 8, 1999. This action established 354.3 acres of land zoned RP (Residential
Performance) District, and 22.0 acres of land zoned B2 (Business General) District. This
December 8, 1999 approval established the subject 3.03 acre Recreation Center site as RP
(Residential Performance). This property was originally Master Planned with MDP #08-2000
which was for the entire Charming Land Bay. The original MDP for the Charming Drive
project included the developments now known as Lynrihaven, Twin Lakes, and Sovereign
Village. A MDP specifically for Sovereign Village was approved on July 9, 2007; the
Recreation Center site was depicted on this Sovereign Village MDP.
The present request to revise the proffers of REZ#15-99 would only apply to the 3.03 acre
Recreation Center site.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. 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 fixture physical development of Frederick County.
[Cony)rehensive Policy Plan, p. 1-1 J. The submitted proffer revision furthers the policies of the
Comprehensive Policy Plan.
3) Intended Use
The revised proffers would provide for the construction of a swimming pool, and clarify the size
and scope of the previously proffered Recreation Center. The site will no longer contain the
previously proffered 3,000 square foot community building.
4) Proffer Statement - Dated December 11, 2008 and Revised December 12, 2008
The signed proffer statement commits the applicant to construct a Recreation Center by July 4,
2009. The proffer further defines the amenities that will be included in the Recreation Center,
such as a:
• 0
Rezoning # 14-08 —Sovereign Village
January 8, 2009
Page 3
• 30 foot by 50 foot swimming pool
o Zero depth entry for handicap ramp
o Pool depth, excluding handicap ramp, to range from three feet to five
feet
o 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
• 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
o Records and accounting of monies and time required to run pool
given at offer time to SVHOA for review during 90-day decision
period
o SVHOA will accept or decline ownership within 90 days of offer.
If approved, this proffer as described above would replace the recreation center proffered in the original
Charming Drive rezoning, REZ#15-99.
STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING:
This rezoning application to revise the proffers associated with the composition of the Recreation
Center appears to be in compliance with the Comprehensive Policy Plan, and continues to meet the
intent of the originally proffered Recreation Center. The proposal recognizes the interest of the
residences in the Sovereign Village community, acknowledges the community facilities under
construction as part of the Greenwood Mills Elementary School, and further defines the features of the
proposed Recreation Center.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/07/09 MEETING:
The Planning Staff reported that the proffer revision eliminates the 3,000 square -foot requirement for a
building and offers a 30-foot by 50-foot swimming pool with bath houses, registration area, storage, and
picnic tables. A preliminary site plan has been submitted and the revisions have been endorsed by the
SVHOA. Additional information in the proffer guarantees the facility to be open by July 4, 2009.
Two residents of Sovereign Village spoke during the public comment portion of the hearing. The
president of the SVI-IOA supported the proffer revisions and commented that the SVHOA would not be
Rezoning 914-08 — Sovereign Village
January 8, 2009
Page 4
able to financially support the maintenance and insurance costs associated with a larger swimming pool.
She said for similar financial reasons, the SVHOA was willing to forego construction of a recreation
center and were happy to use the recreation facilities within the new neighborhood elementary school
instead. The other resident inquired about the installation of showers within the bath houses and if there
were any codes requiring showers to be installed.
A member of the Commission commented that the proposed swimming pool was still too small for this
size community and the pool should be 36-40 feet by 75 feet in size; the size pool proposed by the
developer was a non-standard size and equipment purchased will need to be specially fabricated.
Other Commissioners said they were satisfied with the proposal, if the SVHOA was happy with and
supported it. By a majority vote, the Plainling Commission recommended approval of the proffer
revisions as proposed.
The majority vote was as follows:
YES (TO REC. APPROVAL): Mohn, Kerr, Triplett, Kriz, Ours, Wilmot, Oates, Ruckinan, Manuel,
Ambrogi, Watt, Unger
NO: Thomas
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate.
OV 14/2009 12:24 FAX
LAWSON AND SILEK9 P.L.C.
120 EXRTrk DRIVE, SUITE 200
POST OFFICE BOX 2740
WINCNEST1vR, VA 22604
TRI.RPHOW (540) 665-0050
FACSIMILE:(940)722-4051
FACSIMILE COVER SHEET
Date; January 14, 2009
To: Eric R. Lawrence, AICP, Director
Facsimile No.: 665-6395
From: Thomas Moore Lawson, Esquire
Our File No: Manning & Ross Developers LLC
Number of pages
including cover:
Message: Please see the attached letter. Thank you.
U 001/003
The information contained in this facsimile message is information intended only for the use of
the individual or entity named above, and may be attorney/client privileged and confidential. If
the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the
original message to us at the above address via the U.S. Postal Service. Thank you.
PROW ROYAL ADDG[a: PO r nrnlC►. Box 602, FAORT ROYAL, VIRGINIA M.10, TELEFNONES (540) 63"415, FACSIMILE! (540) 63� 94:1, EMAIL. 51LEV0tYNXCONNLCr.COM
FAIRFAX AO DREB9: I OBOS MAIN STREET. SLM 200, FAWAN, VUOIMIA 22030. TBLElNONE: 17031352..2615, FACS)WIA: (7D1) 352A I90, E-nfAIL: TROMASOLA WSONQW6YIZON.NET
01/14/2009 12:25 FAX
Z 002/003
0
LAWSON AND SILEK, P.L.C.
120 ExETER DRIVE, SUITE 200
POST OFFICE BOX 7740
WINCHESTER, VA 22604
TELEPHONE: (540) 6654050
FACS1mILE: ($40) 722-4051
Richard C. Shickle, Chairman At -Large
Shenandoah University
1460 University Drive
Winchester, VA 22601
Mr. Gary A. Lofton
711 Buffalo Marsh Road
Middletown, VA 22645
Mr- Philip A. Lemieux
106 Dell Court
Winchester, VA 22602
Mr. Bill Ewing
P.O. Box 27
Stephens City, VA 22655
January 14, 2009
Re:
TuoNIAS MOORE LAWSON • TLAWSON(21LSPLC.COF1
Mr. Gene E. Fisher
Shenandoah University
1460 University Drive
Winchester, VA 22601
Mr. Charles C. DeHaven, Jr.
2075 Martinsburg Pike
Winchester, VA 22603
Mr. Gary W. Dove
821 Apple Pie Ridge Road
Winchester, VA 22603
Manning & Ross Developers LLC
Our File No. 860.001
Dear Mr. Chairman and Members of the Board:
As you know, I represent Manning & Ross Developers LLC ("Manning & Ross"). On
tonight's agenda is a request by Manning & Ross to amend the proffers for the Channing Drive
subdivision. That request to amend is a result of numerous meetings between Manning & Ross and
individual residents within the Channing Drive subdivision and who have sent an email to the
County advising they are speaking on behalf of the Board of the Sovereign Village Homeowners'
Association.
As you may or may not be aware, there is also a pending litigation before the Frederick
County Circuit Court in which several residents of Sovereign Village have asserted that Manning &
Ross has violated the development scheme in its efforts to amend the Master Plan and build out the
last remaining sections in the development. Several of those individuals who have requested that the
pending proffer amendment be approved are some of the same individuals who have made the
above -referenced allegations in the Circuit Court.
FaoNT ROYAL ADUYrsM PMT OmCX BOX 602, FRONT ROVAL.VIRC04A 2]6M.T[L►.rIWNR: (540) 635-940, FACAIMILM (540) 6]S•9621. F wn11 : SP,\►JfpJLYN RCONNECI',WM
FAmnx Ann na: I11O03 MAIN STB6ET. SUITE 2001 FAMPAX, VIRGINIp 22o3a, TB6FrIlONF,; (703) 352.2615. FACAIMILE! (703) "1-4190, E-MAIL; TNOMAflO.LAWAbN(hVf.N17nN.N[T
01./14/2009 12:25 FAX
40 40
0 003/003
Frederick County Board of Supervisors
January 14, 2009
Page 2
Also, at the hearing, the Court granted leave for another group of residents of the
development to intervene in the lawsuit. This is a group who is represented by counsel and who
advised the Court that they were presenting a view different from the residents who had filed the
original suit and, in fact, confirmed they believe the developer was following the development
scheme approved for this project and that they are in support of the development activities of
Manning & Ross.
The proposed proffer amendment purportedly reflects an agreement between the developer
and the residents of Channing Drive. It is apparent, based upon the actions taken by some of these
individuals in the lawsuit, that there is not an agreement. Accordingly, we respectfully request that
the pending matter requesting the amendment of the proffers be tabled until this Board's next
meeting to allow an opportunity to confirm an agreement.
Thank you for your attention to these matters.
Very trul yours. _
Tho a e Ison
TML: atd
cc: Manning & Ross Developers LLC
Eric Lawrence
From:------_ barbaralewis [ourpond@visuallink.com]
Sent: Friday, December 19, 2008 7:53 PM
To: Eric Lawrence
Sovereign Village Home Owners Association
.,...;.;:,:.�.,...;...............� ,,.,,.::...... , ,.:.......ram ,�., z........ .. _..;......�.:.,.... �.:,..:.�:-:....:., PO Box 3478,
Winchester, VA 22604 — soverei_nvillagehoa@yahoo.com — 540-667-6177
December, 19, 19, 2008
To: Eric Lawrence, director of planning
The Board of Directors of the Sovereign Village Homeowners' Association is able at this time to agree to the revisions in
the proffer submitted to you on December 12, 2008. We look forward to having this recreation center opened in our
community.
Barbara Lewis
Jay Moran
Brit Reyes
Rick Churchill
Aaron Trompeter
1
REZONING APPLICATION 44-08
Proffer Revision
SOVEREIGN VILLAGE
Staff Report for the Planning Commission
Prepared: December 19, 2008
Staff Contact: Eric R.-Lawrence, AICP, Director of Planning
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 where relevant throughout this staff report.
Reviewed Action
Planning Commission: 01/07/09 Pending
Board of Supervisors: 01/14/09 Pending
PROPOSAL: To revise proffers associated with Rezoning #15-99, section titled Recreation Center
and applicable to 3.03 acre parcel. The proffer revisions propose modifications to the Sovereign Village
Recreation Center.
LOCATION: The property is located at the southwestern corner of the intersection of Rossmann and
Farmington Boulevards, within the Sovereign Village subdivision.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 65H-13A-26A
PROPERTY ZONING: RP (Residential Performance)
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RP Residential Performance
Use:
Vacant
South:
RP Residential Performance
Use:
Residential
East:
RP Residential Performance
Use:
Residential
West:
RP Residential Performance
Use:
Residential
PROPOSED USES: Recreation Center with a swimming pool and bathhouses
0 0
Rezoning #14-08 — Sovereign Village
December 19, 2008
Page 2
REVIEW EVALUATIONS:
Planninlz & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the
zoning for the acreage within this proffer revision site as A-2 (Agricultural General) District.
This zoning classification was modified to RA (Rural Areas) District on February 14, 1990
during the Comprehensive Amendment to the County's Zoning Ordinance.
The Board of Supervisors approved Rezoning Application #15-99 for Charming Drive on
December 8, 1999. This action established 354.3 acres of land zoned RP (Residential
Performance) District, and 22.0 acres of land zoned B2 (Business General) District. This
December 8, 1999 approval established the subject 3.03 acre Recreation Center site as RP
(Residential Performance). This property was originally Master Planned with MDP #08-2000
which was for the entire Charming Land Bay. The original MDP for the Charming Drive
project included the developments now known as Lymlhaven, Twin Lakes, and Sovereign
Village. A MDP specifically for Sovereign Village was approved on July 9, 2007; the
Recreation Center site was depicted on this Sovereign Village MDP.
The present request to revise the proffers of REZ#15-99 would only apply to the 3.03 acre
Recreation Center site.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for malting decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living enviromnent within Frederick County. It is in essence a
composition of policies used to plan for the fixture physical development of Frederick County.
[Comprehensive Policy Plan, p. 1-1]. The submitted proffer revision furthers the policies of the
Comprehensive Policy Plan.
3) Intended Use
The revised proffers would provide for the construction of a swimming pool, and clarify the size
and scope of the previously proffered Recreation Center. The site will no longer contain the
previously proffered 3,000 square foot community building.
4) Proffer Statement - Dated December 11, 2008 and Revised December 12, 2008
The signed proffer statement commits the applicant to construct a Recreation Center by July 4,
2009. The proffer further defines the amenities that will be included in the Recreation Center,
such as a:
0 0
Rezoning #14-08 — Sovereign Village
December 19, 2008
Page 3
• 30 foot by 50 foot swimming pool
o Zero depth entry for handicap ramp
o Pool depth, excluding handicap ramp, to range from three feet to five
feet
o 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
• 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
o Records and accounting of monies and time required to run pool
given at offer time to SVHOA for review during 90-day decision
period
o SVHOA will accept or decline ownership within 90 days of offer.
If approved, this proffer as described above would replace the recreation center proffered in the original
Charming Drive rezoning, REZ# 15-99.
STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING:
This rezoning application to revise the proffers associated with the composition of the Recreation
Center appears to be in compliance with the Comprehensive Policy Plan, and continues to meet the
intent of the originally proffered Recreation Center. The proposal recognizes the interest of the
residences in the Sovereign Village community, acknowledges the community facilities under
construction as part of the Greenwood Mills Elementary School, and further defines the features of the
proposed Recreation Center.
A recommendation by the Planning Commission to the Board of Supervisors concerning this
rezoning application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning Comments
Frederick County Department of Parks & Recreation
Mail to: Hand deliver to:
Frederick County Frederick County
Department of Parks & Recreation Department of Parks & Recreation
107 North Kent Street County Administration Bldg., 2nd Floor
Winchester, Virginia 22601 107 North Kent Street
(540) 665-5678 Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Department of Parks & Recreation with their review. Attach a copy of your application
form, location map, proffer statement revision, impact analysis, and any other pertinent
information.
Applicant's Name: Maiming & Ross Developers Telephone:
Mailing Address: PO Box 27
Winchester, VA 22604
Location of property: Southwest corner of Rossmann and Farmington Blvd. — Sovereign Village
Current zoning: RP Zoning requested: RP Acreage: 3.03
Department of Parks & Recreation Comments:
Pks. & Rec. Signature & Date:
23
D EC 1 2 2008
CO
I r_11 jr! 222 AMENDMENT
Action:
PLANNING COMMISSION: January 7, 2009 - Recommended Approval
BOARD OF SUPERVISORS: March 11, 2009 E) APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #14-08 PROFFER REVISION OF SOVEREIGN VILLAGE
WHEREAS, Rezoning 414-08 Proffer Revision of Sovereign Village, to revise the proffers associated
with Rezoning #15-99, 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 Rossmami and Farmington Boulevards in the Red Bud Magisterial District, and is identified by Property
Identification Number 6514- 1 3A-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 #15-99, 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
•
0
This ordinance shall be in effect on the date of adoption.
Passed this 1 lth day of March, 2009 by the following recorded vote:
Richard C. Shickle, Chairman
Gary Dove
Gene E. Fisher
Philip A. Lemieux
Ave Gary A. Lofton -Aye-
Aye Bill M. Ewing Aye
Aye Charles S. DeHaven, Jr. Aye
Aye
A COPY ATTEST
Jolui R. Riley, Jr
Frederick County Administrator
PDRes. 444-08
December 12, 2008 9Channing Drive —Sovereign Village
Page 1 Revised Proffer
CHANNING DRIVE —SOVEREIGN,VILLAGE
PROFFER STATEMENT
(Proffer revision)
REZONING: RZ#
RP Residential Performance District with Proffers to RP Residential Performance
District with Revised Proffers
PROPERTY: 3.03 acres +/-
Tax Parcel 65H-13A-26A (herein after the "Property")
RECORD OWNER: Manning & Ross Developers LLC
APPLICANT: Manning & Ross Developers LLC
PROJECT NAME: Sovereign Village Recreation Center
ORIGINAL DATE
OF PROFFERS: December 11, 2008
REVISION DATE: December 12, 2008
Preliminary Matters
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 # I " D � 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
9Channing Drive —Sovereign Village
Revised Proffer
Recreation Center
The applicant hereby proffers to construct a recreation center which achieves the following criteria:
• 30 foot by 50 foot swimming pool
o Zero depth entry for handicap ramp
o Pool depth, excluding handicap ramp, to range from three feet to five feet
o 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
o Records and accounting of monies and time required to run pool given at offer time to
SVHOA for review during 90-day decision period
o 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 Channing Drive rezoning (RZ# 15-99).
December 12, 2008
Page 3
OChanning Drive — Sovereign Village
Revised Proffer
Signatures
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:
!`planning & Ross Developers LLC
By:
David Madison, ManagreVManning & Ross, Developers LLC
Commonwealth of Virginia
ity ounty of 1 '� 111C_11�5(' To Wit:
I toy
\\\�01111111111//J/
COMMONWEALTH
OF VIRGIN6q
COMMISSION =
# 311949
10
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The foregoing instrument was acknowledged before me this �Z. day of C?C • 2008
By baVI C �Cl �Isen
My Commission expires
Manning & Ross Developers LLC
By:
C
Gre Bancroft, Manager, Manning & Ross, Developers LLC
Commonwealth of Virginia
C1 County of {_. ,,) )ch cs4r-r To Wit:
Notary Public
OMMONv,EALTH _
- OF VIRGINIA =_
COMMISSIO14 _
ZZ
The foregoing instrument was acknowledged before me this 1 Z day of ,ILL 2008
By
My Commission expires
Notary ublic
6
Sovereign Village Home Owners Association
PO Box 3478, Winchester, VA 22604 — soverei ng villagehoa@yahoo.com — 540-667-6177
DE
December 8, 2008
To Whom It May Concern:
The Sovereign Village Homeowner Association's Board of Directors has been briefed by the
Frederick County Board of Supervisors, Frederick County Parks & Recreation, Frederick
County Planning Commission, and the community's developer (Manning & Ross) on
proposed revisions to the original proffer for the Channing Land Bay. After considering the
revisions, the SVHOA Board would like to state that it would not oppose any proffer
revision that included the following points:
• Pool open by July 4, 2009
• Manning & Ross will own and operate pool until at least January 1, 2011
• Right of First Refusal for ownership transfer given to SV HOA for $0 fee simple, no
sooner than January 1, 2011.
Records & accounting of monies and time required to run pool given at offer
time to SV HOA for review during 90 day decision period
• SV HOA will accept or decline ownership within 90 days of offer.
• $40,000 funds (1 year's estimated operating expenses) turned over with Pool
ownership
• 30'x50' Swimming Pool
• Zero depth entry for Handicap ramp only
• Pool depth, excluding ramp, to range from three feet to six feet. Includes (2)
two 50' lap lanes
• Saltwater Filtration System
• Increase in decking size from original plan to a size appropriate to new pool size
• (2) Two Bathhouses with showers, changing areas, toilets, sinks; appropriate to pool
size
• Covered breezeway with check in counter between bath houses
• Wrought Iron Fence around pool decking adjoining to bathhouses and entrance
breezeway.
• (4) Four no maintenance decking picnic tables on remaining 3000 sq ft foundation,
unfenced
• Enclosed storage area for pool supplies
• No Recreation Center
• No Multi -Purpose Court
It should be noted that while the SVHOA Board believes the above points are the best that
can be achieved through negotiation with all parties, there has not been adequate time to
present and receive feedback on the points to the full membership of the SVHOA. The
SVHOA board will summarize the points in the December issue of its newsletter that should
arrive mid -December to the SVHOA members. It is recommended within that newsletter that
if individuals do not agree, then they should exercise their right to be heard by their county
government and make public comment.
The Sovereign Village Homeowner Association Board of Directors,
Barbara Lewis
Jay Moran
Brit Reyes
Rick Churchil
Aaron Trompeter
�.a
N
Sovereign Village Rec Center site
Proffer Revision
Sense
ny Roa
0 /. /. -7 F-T-,
•
Eric Lawrence
From:
Jay Moran [jay@tp.org]
Sent:
Tuesday, November 25, 2008 11:20 AM
To:
Eric Lawrence
Cc:
Jack W & Barbara A Lewis
Subject:
Re: your last message
Hi Eric,
If there is no mention of future ownership in the proffer, then I'm not sure I understand the need for the HOA
membership to have "acknowledgement of future maintenance obligations should be surfaced so that no one is surprised in the
future". If we're not going to mention eventual ownership, then I'm not sure what position the HOA Board can
take on the matter as it doesn't look like ownership is assured and thus, no future obligation.
As a board we'd like to see a Right of First Refusal offered to the SV HOA after 2 years of operation. We'd also
like to see that included in the proffer statements along with some other details listed below. We all feel that
since the first proffer lacked so many details and created these issues in the first place, that'd we would like to
be as clear as possible to the residents impacted as well as the developer so everyone understands their
obligations and potential obligations.
Here are the current points that the HOA Board is considering in our letter of support for the proposal:
• July 4th, 2009 Opening
• Right of First Refusal for ownership given to SV HOA for $0 fee simple, no sooner than January 1 st,
2011 ... SV HOA will accept or decline within 90 days
• Membership to be exclusive to Sovereign Village, Twin Lakes, and Lynne Haven homeowners
• Records & accounting of monies and time required to run pool given at offer time to SV HOA for
review during 90 day decision period
• $40,000 funds (1 years operating expenses) turned over with Pool
• 30'x50' Pool
• Zero depth entry for Handicap ramp only
• Not zero depth entry for entire pool
• Includes (2) two 50' lap lanes
• Saltwater Filtration System
• Increase in decking size appropriate to increase in pool size
• No Recreation Center
• 2 Bath Houses w/showers, changing areas, toilets, sinks; appropriate to pool size
• Covered breezeway w/checkin counter between bath houses
• Wrought Iron Fence around pool decking adjoining to bath houses and entrance breezeway.
• (4) Four Trex (or other no maintenance wood substitute) decking picnic tables on remaining 3000 sq ft
foundation, unfenced
• No Multi -Purpose Court
• Enclosed storage area for pool supplies
Jay
On Tue, Nov 25, 2008 at 10:40 AM, Eric Lawrence <elawrenc a,co.frederick.va.us> wrote:
Hi Barbara...
0
Here's the content from my response to you issues yesterday :
"You're correct — under the proposal discussed last week (and presuming agreement is achieved from all parties) , the developer would
construct the facility and maintain it for the next few years as the subdivision is built out. But once the facility is transferred to the
HOA, the HOA would be responsible for the facility's maintenance. So the HOA dues would need to be raised at that time, or some
other funding mechanism would need to be implemented (open membership to other subdivisions for example).
I do believe the HOA, today, needs to be fully informed about the proposal and future maintenance responsibilities. This info is
necessary for the property owners to make an educated decision on their preference for the facility. 2/3rd HOA support is needed
today to advance the proposal. Dues won't raise today, but acknowledgement of future maintenance obligations should be surfaced so
that no one is surprised in the future."
What the County would need to change the proffer from the 3000sgft structure to a more defined swimming pool/bathhouse, etc, is a
letter of support from the HOA. I understood that you previously wanted to secure 2/3`d membership endorsement prior to the HOA
Board's issuance of the letter of support. But I imagine that the HOA Board is certainly empowered to offer the support letter without
a formal membership vote.
In terns of proffer details, I believe the proffer should only address the facility's amenities, and not ownership/membership. The
ownership issue should be resolved by an agreement letter between the developer and HOA; membership issue is at the desires of the
facility's owners (aka HOA).
Hope that helps.
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
i 1 0
540-665-5651
0
540-665-6395 (fax)
e1a,ATencQa co.fi-ederick.va.us
lrttp://www.co.fi-ederick.va.us/Planning
www.co.frederick.va.us
From: Jack W & Barbara A Lewis [mailto:ou[ond n,visuallink.com]
Sent: Tuesday, November 25, 2008 9:47 AM
To: Eric Lawrence
Cc: Jay-SVHOA@tp.org
Subject: your last messsage
Mr. Lawrence,
Sorry, but I'm operating under an unfamiliar system and I lost your last note. Could you send it again? I think I
understand what you need to make the changes in the proffer and I think I know what I could deliver and that's
not an agreement to double dues at this stage.
The developers, when they first made this offer to change the ree center, asked for a letter of support then,
would that not suffice now? The proffer also said that the pool would be open by membership to the area
residents. As a board of directors, it has always been our position, that should we accept the pool, that is how
we would operate it. We would never ask residents who did not want to join to vote to raise their dues to cover
a pool membership. We might get a majority of our residents to agree to our supporting the pool at this time
with the understanding that it would be operated by purchased memberships. When the time came to accept the
pool, we could see, from pool usage records, if there was enough usage by SV residents alone to ask for the
increase.
I guess what I'm asking is if this type of letter will suffice.
barbara Lewis
0
0
Eric Lawrence
From:
Eric Lawrence [elawrenc@co.frederick.va.us]
Sent:
Sunday, November 16, 2008 7:59 AM
To:
Phil Lemieux
Subject:
FW: Sovereign Village Rec Center mtg
Good Morning Phil... Just wanted to let you know that I have scheduled a meeting with the Sovereign Village pool's
interested parties for tomorrow — Monday, Nov 17`h @ 1 PM. Not sure if you wanted to participate, but felt I'd keep you up
dated on the progress on this pool issue. Participating are: Barbara Lewis (SVHOA), Greg Bancroft and Dave Madison
(Manning & Ross), Jim Doran and Matt Hott (Parks and Rec), and me.
Meeting emphasis is on the pool site. Parks and Rec will present appropriate pool size and projected membership
necessary to cover operation/maintenance. Group will be asked for responses to the pool size. As we get into
improvement costs, we'll see how much $$ the developer was intending to spend, and learn what our shortage is. Then
look at how much proffer $$ might be available through the Channing Drive proffers (paid and future).
If we don't see you, we'll certainly keep you informed on progress.
Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540-665-5651
540-665-6395 (fax)
elawrenc@co.frederick.va.us
http://www.co.frederick.va.us/PlanningAndDevelopment/PlanningAndDev.htm
www.co.frederick.va.us
From: Eric Lawrence [maiIto: elawrenc@co.frederick.va.us]
Sent: Friday, November 14, 2008 10:24 AM
To: 'Eric Lawrence'
Subject: RE: Sovereign Village Rec Center mtg
Hello.
I've communicated with the affected parties. We will be meeting on Monday, November 171h @ 1 PM in the Planning
Department. Thanks for participating; we'll see you Monday.
-Eric
From: Eric Lawrence [ma iIto: elawrenc@co.frederick.va. us]
Sent: Thursday, November 13, 2008 12:27 PM
To: Eric Lawrence
Subject: Sovereign Village Rec Center mtg
Greetings.
At the Board of Supervisors' meeting last evening, I was directed to organize a meeting/effort to evaluate the Sovereign
Village pool situation as we work towards a possible resolution that pleases the developer, HOA, and ultimately the
County. Key participants in this dialogue would be the Sovereign Village HOAf esident, the developer (Manning &
Ross), the County's Park and Recreation Department, and the County's Planning Department.
I trust each of you are willing to participate in this discussion effort, with the goal not being to revisit what's
required/expected, but what might be a workable situation for all parties. We will also have the benefit of the Park's
department expertise to better understand the economic aspect of pool operation and maintenance, which might guide the
discussion towards what size facility could be expected to break even in terms of projected membership.
Tentative meet) dates are times are:
Monday, Nov 17t @ 1 PM
Tuesday, Nov 18th ( 9AM
Wednesday, Nov 19 @ 9AM
Please let me know ASAP which date/time works best for your schedules; once I hear from each of you, I will send out a
meeting confirmation notice.
Thanks for participating in this effort.
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540-665-5651
540-665-6395 (fax)
elawrenc(d,co.frederick.va.us
http://www.co.frederick.va.us/PlanningAndDevelopment/PIanningAndDev.htm
www.co.frederick.va.us
Sovereign Village Home Owners Association
PO Box 3478, Winchester, VA 22604 — sovereignvillagehoaCyahoo.com = 540-667-6177
D
December 8, 2008
ti
To Whom It May Concern:
The Sovereign Village Homeowner Association's Board of Directors has been briefed by the
Frederick County Board of Supervisors, Frederick County Parks & Recreation, Frederick
County Planning Commission, and the community's developer (Manning & Ross) on
proposed revisions to the original proffer for the Channing Land Bay. After considering the
revisions, the SVHOA Board would like to state that it would not oppose any proffer
revision that included the following points:
• Pool open by July 4, 2009
• Manning & Ross will own and operate pool until at least January 1, 2011
• Right of First Refusal for ownership transfer given to SV HOA for $0 fee simple, no
sooner than January 1, 2011.
• Records & accounting of monies and time required to run pool given at offer
time to SV HOA for review during 90 day decision period
• SV HOA will accept or decline ownership within 90 days of offer.
$40,000 funds (1 year's estimated operating expenses) turnedover with P
• 30'x50' Swimming Pool
• Zero depth entry for Handicap ramp only
• Pool depth, excluding ramp, to range from three feet to six feet. Includes (2)
two 50' lap lanes
Saltwater Filtration System
• Increase in decking size from original plan to a size appropriate to new pool size
• (2) Two Bathhouses with showers, changing areas, toilets, sinks; appropriate to pool
size
• Covered breezewa with check in counter between bath houses
k
• Wrought Iron) ence around pool decking adjoining to bathhouses and entrance
breezeway.
• (4) Four no maintenance decking picnic tables on remaining 3000 sq ft foundation,
unfenced
O Enclosed storage area for pool supplies
• No Recreation Center
• No Multi -Purpose Court
It should be noted that while the SVHOA Board believes the above points are the best that
can be achieved through negotiation with all parties, there has not been adequate time to
present and receive feedback on the points to the full membership of the SVHOA. The
SVHOA board will summarize the points in the December issue of its newsletter that should
arrive mid -December to the SVHOA members. It is recommended within that newsletter that
if individuals do not agree, then they should exercise their right to be heard by their county
government and make public comment.
The Sovereign Village Homeowner Association Board of Directors,
Barbara Lewis
Jay Moran
Brit Reyes
Rick Churchil
Aaron Trompeter
•
MEMORANDUM
TO: Board of Supervisors
FROM: Eric R. Lawrence, AICP, Planning Director
SUBJECT: Discussion — Update on the Sovereign Village subdivision
DATE: November 5, 2008
As directed by the Board of Supervisors on October 22, 2008, staff has
assembled an overall project summary with emphasis on more recent activity for
the Sovereign Village Subdivision. Our research indicates that the project is in
conformance with the requirements associated with the various phases in the
development review process which culminates in the ability to construct new
residences within the subdivision.
Staff is prepared to make a brief overview presentation should the Board so
desire. Please contact us should you have questions.
Location
The Sovereign Village Subdivision is located on the northeast corner of the
Senseny Road and Channing Drive intersection, in the Red Bud Magisterial
District. This project contains 12 acres of B2 (Business General) and 140.2
acres of RP (Residential Performance) zoned land.
Rezoning Process
The rezoning that enabled the Sovereign Village Subdivision was approved by
the Board of Supervisors on December 8, 1999 (referenced as "Channing
Drive"). This rezoning application (REZ #15-99) was unique in that it was the first
major rezoning petition the County had considered where three adjacent property
owners/developers (subdivisions now known as Sovereign Village, Lynnehaven,
and Twin Lakes) were combined into a single rezoning application. This unified
approach enabled the projects to plan for a cohesive residential community,
providing for major road improvements, linking roads and trails, and providing for
recreation and commercial areas. The rezoning established a phased approach,
limiting the number of residential units that may be constructed annually, as well
Page 2 0 0
Memo Subject: Discussion- Update on the Sovereign Village Subdivision
November 5, 2008
as defining when the necessary road improvements would be implemented. The
approved rezoning proffers established a residential phasing plan, as well as a
density cap, for the overall rezoning application's ("Channing Drive") 376.2 acres
(354.3 acres of RP and 22 acres of 132).
The Sovereign Village Subdivision portion of the Channing Drive project would
be guided by the following proffered conditions:
• Develop at a density not to exceed 2.5 residential units per acre (in
compliance);
• Prohibition of Townhouses, Weak -link Townhouses, and Garden
Apartments within the RP zoned portion of the site (in compliance);
• Provisions for a 3,000 square foot recreation center including a pool and
outdoor multi -purpose playing court. The facility would be open for
membership by residents of the Channing Drive communities
(Lynnehaven, Sovereign, and Twin Lakes) as well as other area residents
(design is in compliance as illustrated on approved site plan, facility to be
constructed by July 2009 per MDP notation);
• Establish a pedestrian trail system, that would complement the ordinance
required sidewalks (in compliance);
• Contain a 12 acre B2 commercial site with a restriction on inappropriate
and, therefore, prohibited commercial uses, such as hotels, automobile
dealers, and self -storage facilities (site plan not yet submitted);
• Included various transportation proffers which would result in the
construction of the road known as Channing Drive.
o The road Channing Drive would be constructed when the adjacent
lands are divided into residential subdivisions (in compliance);
o In no case shall more than 475 residential building permits be
issued without Channing Drive being constructed and open to traffic
(in compliance);
• A traffic signal at Channing Drive and Senseny Road, to be installed as
part of the first B2 site plan (site plan not yet submitted),
• Various off -site transportation improvements that are triggered by the first
B2 site plan (site plan not yet submitted).
• A $100 per residential lot cash contribution towards bridge improvements
along Valley Mill Road, to be paid at time of building permit (in
compliance);
• A cash contribution of $3,558.73 per residential unit to mitigate the
impacts to various County facilities, to be paid at time of building permit
issuance for each residential lot (in compliance); and,
• A cash contribution of $3,898.68 prior to initial B2 building permit to
address impacts on fire and rescue facilities (site plan not yet submitted).
Page 3 0 0
Memo Subject: Discussion- Update on the Sovereign Village Subdivision
November 5, 2008
It is important to note that the Zoning Ordinance does not require that recreation
amenities be provided with residential subdivisions when the individual lots are
12,000 square feet or larger. Therefore, at the time of the rezoning petition, the
proffered recreation center was viewed as a bonus amenity, a facility that would
be constructed regardless of the development's resulting lot sizes. At the time of
rezoning, the County had not experienced such a proffered recreational amenity
nor had such a community amenity been constructed as part of a larger single
family project.
It is also important to note that the proffered cash contributions were reflective of
the County's capital facilities fiscal impact model in use at the time of the
submission of the rezoning application.
Master Development Plan (MDP)
The original Channing Drive Master Development Plan approved in 2001
included all three subdivisions: Lynnehaven, Sovereign Village, and Twin Lakes.
This MDP enabled the development of up to 848 residential lots, identified to be
Single Family Urban lots (minimum lot size of 12,000 square feet), on the entire
Channing Drive development. The MDP also established an open space plan
which accounted for 26.8% (or 95 acres) of the project, well in excess of the
ordinance requirement for 15% open space (or 53 acres).
Based on this MDP approval, the Sovereign Village Subdivision was enabled to
establish up to 362 single family urban lots. The Sovereign Village Subdivision
would be responsible for constructing Rossman Boulevard with a divided
landscaped entrance at Senseny Road, portions of the adjacent Channing Drive,
and the proffered recreation center. Various trails and other transportation
improvements would be addressed. The general location of the B2 was
identified, as was the zoning district buffer which would soften the impacts of the
commercial uses adjacent to the residential uses.
Revised - Master Development Plan
In 2004, the three subdivisions were granted permission to revise their respective
master plans on an individual basis. Twin Lakes was the first subdivision to
revise its layout and housing type through a revised Master Development Plan.
The Twin Lakes revised master development plan enabled the creation of 149
Single Family Small Lots, a housing type with lots as small as 3,750 square feet.
In 2007, the Sovereign Village developer opted to seek a revision to its original
housing type and layout — the revised MDP, meeting the applicable ordinance
requirements, was administratively approved July 10, 2007. The subdivision
would continue to have Single Family Urban housing types, but would also
Page 4 0 0
Memo Subject: Discussion- Update on the Sovereign Village Subdivision
November 5, 2008
incorporate Single Family Zero Lot Lines and Multiplex residential housing types.
This revised Sovereign Village MDP now enables 216 Single Family Urban lots,
42 Single Family Zero Lot Lines, and 64 Multiplex units. In overall housing
numbers, the revised MDP reduced by 40 the number of residential units enabled
in the Sovereign Village Subdivision when compared to the original Channing
Drive MDP.
Change in housing type resulted in a required increase in overall open space for
the Sovereign Village Subdivision, from 15 to 30%. The revised MDP achieves
this increase in open space by designating 43.2 acres, or 30%, of the subdivision
as open space.
Additional clarification was provided with the revised MDP that established
milestones for which two key proffered improvements would be completed. First,
the completion of the unbuilt portion of Channing Drive, between Farmington
Boulevard and Canyon Road, would be constructed within 12 months of the
revised MDP's approval. Secondly, the proffered recreation center would be
constructed within 24 months of the revised MDP's approval.
Subdivision Design Plans (SDP)
Subdivision design plans have been approved for all but one section of the
residential portion of the Sovereign Village Subdivision; the Section 2D design
plan containing nine additional Single Family Urban lots is still in review.
As of November 1, 2008, 207 Single Family Urban lots have been created
(recorded). Neither of the Single Family Zero Lot Line nor Multiplex lots has yet
to be created.
Residential Building Permits Issued
As of November 1, 2008, the County has issued 175 residential building permits
for the subdivision.
Sovereign Village Homeowners Association (SVHOA)
The developer has created the Sovereign Village Homeowners Association. The
SVHOA has been established per the requirements of the County's Subdivision
Ordinance, and will ultimately be responsible for the ownership and maintenance
of the subdivision's common open space, as well as the street lamps.
The SVHOA is presently the owner of 10.13 acres of the subdivisions' ultimate
43.2 acres of open space. Additional open space will be transferred to the
Page 5 • 0
Memo Subject: Discussion- Update on the Sovereign Village Subdivision
November 5, 2008
SVHOA as future sections of the subdivision are developed, new homes
constructed, and residents arrive.
Road Completion and Maintenance
Many of the subdivision's roads have been completed and accepted into the
state's Secondary Road System for maintenance. The sections of the project
that are still incurring site development and/or home construction have not been
accepted, and, therefore, remain the responsibility of the developer. This is in
conformance with County Code and State requirements.
Pending Improvements
The developer continues to move forward on completion of the subdivision's
infrastructure, and associated proffered improvements.
The developer had constructed the portion of Channing Drive, between
Farmington/Wayfaring Drive and Canyon Road, by late Spring 2008. At the
request of the School Board, who needed to utilize the road segment for staging
the construction of the 12th Elementary School, the developer held off from
applying the top coat of asphalt to this section of Channing Drive. In an
agreement signed June 2, 2008 between the developer and the School Board,
the developer provided the School Board with payment to cover the final
improvements to Channing Drive. The School Board has assumed the road
responsibility and intends to have the road completed and open to the public by
August 2009, coinciding with the opening of the new elementary school.
The proffered recreation center is moving forward. The site plan for the facility
was approved by the County on March 31, 2008, and entailed a: 3,000 square
foot community center building; a 16 x 40 foot swimming pool, and an outdoor
multipurpose court. The site is presently under construction, with the 3,000
square foot community center building's foundation poured within the past week.
This facility is on track to be completed by the July 10, 2009 revised MDP noted
deadline.
It should be noted that the SVHOA has voiced concern that the recreation center,
and in particular the pool size, was inappropriate and failed to meet their (the
SVHOA) expectations. In reviewing the proffers applicable to the facility, a
specific minimum pool size was not proffered, and, therefore, left the County
without the ability to require a larger pool for the community.
In an effort to seek agreement between the SVHOA and the developer, County
staff facilitated a proposal where the developer was willing to construct a larger
pool (30 feet by 50 feet) and bath house, rather than the 3,000 square foot
Page 6 0 •
Memo Subject: Discussion- Update on the Sovereign Village Subdivision
November 5, 2008
recreation center building. It was pointed out that the new 12th Elementary
School would have a community room that would be available for use by the
SVHOA and may serve a similar purpose to the 3,000 recreation building. This
recreation center modification was offered to the SVHOA for consideration in a
July 2008 correspondence, with a request that the SVHOA respond by July 31,
2008. The SVHOA responded that they sought the 3,000 square foot recreation
center and a 30 foot by 80 foot pool. As the developer and SVHOA were unable
to reach an agreement by the developer's established July 31 deadline, the
developer elected to proceed with constructing the improvements identified on
the approved site plan.
It appears that the Sovereign Village Subdivision continues to proceed in
conformance with the ordinance and applicable proffers.
Please contact me should you have questions.
Attached: Copy of Sheet 3 of 4 — Layout of the Revised Sovereign Village
MDP
Copy of Sheet 7 of 13 — Layout of the Recreation Center Site Plan
ERL/bad
`7Y ( OL " a
MEMORANDUM , �l
Below is a summary of the improvements made to the Sovereign Village Master
Development Plan (MDP) between the Channing Drive rezoning on December 8, 1999,
approval of the initial MDP on December 5, 2001, and submission the revised MDP for
Sovereign Village, approved by the Board of Supervisors on May 9, 2007.
Residential Development: The Channing Drive rezoning, approved on
December 8, 1999, established 354 acres of land zoned Residential Performance (RP)
District, and 22 acres zoned Business General (B-2) District. The initial Master
Development Plan for the Channing Drive development, as approved by the Planning
Commission and the Board of Supervisors on December 5, 2001 governed the
development of the entire 376-acre area and showed Sovereign Village being developed
with 362 single-family detached lots on 152 acres, a density of 2.4 units per acre. On
March 23, 2004 Frederick County voted to accept individual MDP revisions from the
three developments composing the 376-acre project area.
The revised Sovereign Village MDP presented to the Planning Commission on
March 7, 2007 showed 216 single family detached lots and 116 multiplex units, totaling
332 residential units, a reduction of 30 dwelling units. This resulted in a reduced density
of 2.3 units per acre. After additional consultation with Frederick County the revised
MDP was amended to provide for 216 single family detached lots, 42 single family zero -
lot line lots and 64 multiplex units, an additional 10 unit reduction, bringing the density
down below 2.2 units per acre.
The reduced residential density also reduces the impact on Frederick County
Public Schools. Under the original MDP Sovereign Village was expected to account for
192 school children. The revised MDP with 216 single-family lots and 116 multiplex
i a
MEMORANDUM
units reduced that anticipated number to 160 school children, a 17% decrease. The
elimination of another 10 residential units takes that number even lower.
In addition to the reduced density, the layout of the development was
reconfigured so that zero -lot line units provide a transitional buffer between the single
family and the multiplex units, and the multiplex units screen the single family and zero -
lot line homes from the adjacent commercial development.
Commercial Development: The original MDP envisioned 12 acres of B-2 zoned
commercial property in Sovereign Village, but the exact configuration of the commercial
development was left undefined. The revised MDP established the location of the 12-
acre B-2 property, and gave certainty to it. As depicted in the revised MDP the
commercial uses are buffered and transitioned from the single-family residential lots by
the new multiplex housing units.
Transportation Improvements: The proffers in the 1999 Charming Drive
rezoning do not have a time restriction for the completion of Channing Drive. Road
construction was tied to the issuance of the issuance of the 474`" building permit for the
rezoned area. At the time of the March 7, 2007 Planning Commission hearing on the
revised MDP, approximately 390 permits had been issued and more than 80 additional
permits could be pulled without triggering the requirement to complete construction of
Charming Drive.
The revised MDP for Sovereign Village provides that the development of the
remaining portion of Channing Drive (from Farmington Blvd. to Canyon Drive) will be
constructed and open to public use within 12 months of final MDP approval. If the
revised MDP approval is not final, the road segment may not be completed within that
Y
MEMORANDUM
time frame. By the terms of the MDP a $1,300,000.00 letter of credit was issued to bond
the road construction on or about June 2007 and submitted to the County along with the
right-of-way dedication plat, even before the MDP received final signatures. This has
been subsequently amended as a result of the agreement reached to facilitate the
construction of the new elementary school.
In addition to the road construction timeline, the reduced residential density in the
revised Sovereign Village MDP reduced traffic generated by the development from a
total of 9,260 vehicle trip per day under the original plan to 8,856 vehicle trips per day
due to the decrease in residential density.
Recreation: The Channing Drive rezoning, approved on December 8, 1999,
included a proffered 3,000 SF recreation center with an outdoor multipurpose playing
court and a swimming pool. However, the proffer did not require completion of the
facilities by a certain date or provide for any event that triggered construction of the
recreation center. The revised MDP, approved May 9, 2007, includes a mechanism for
insuring that the recreation center is constructed within 24 months of final MDP
approval. The revised MDP also provides an additional tot lot and park benches as
recreational amenities for the multiplex residential units. Both of these provisions would
be voided if the revised MDP were invalidated.
Hearinl4s and Notice to Residents: The revised Sovereign Village MDP was the
subject of three public hearings before the Frederick County Planning Commission and
Board of Supervisors between March 7 and May 9, 2007. Citizens were given notice in
advance of each hearing and invited to attend and comment. Public comments from the
first Planning Commission hearing on March 7, 2007 caused the Commission to table the
MEMORANDUM
application for 45 days so that the revised MDP could be amended to provide for zero -lot
line homes as a transition between the single-family detached lots and the multiplex units,
and the placement of the multiplex units as a buffer with the adjacent commercial
development area. Public concerns about increased density resulted in an additional
decrease of ten dwelling units within the development. Additional public comments were
heard at the April 18, 2007 Planning Commission meeting, and before the Board of
Supervisors on May 9, 2007, when the revised MDP passed by a 4-3 vote.
Sovereign Village
12th Elementary School site
Commerical center OF Zero Lot Lines and Multiplex
Recreation Center site
Sovereign Village Recreatior Oenter Page 1 of 2
Matt Hott
From: barbaralewis [ourpond@visuallink.com]
Sent: Monday, July 21, 2008 9:30 AM
To: Matt Hott
Subject: Re: Sovereign Village Recreation Center
Mr. Hott:
The Board of Directors of the Sovereign Village Homeowners' Association discussed your proposal at length at
our last board meeting. We found nothing in it to cause us to change our position. Our letter reflects the kind of
proposal we would be willing to take to our membership.
Our main concern is and always has been with the size of the pool. The one in the proposal is still a full 30 feet
short of the size your department determined would be adequate to serve our community.
As for the recreation center, we have no complaints about the one as described in the original proffer. We
consider it a very desireable feature of the whole center. We see no benefit in trading a private facility for the
opportunity to use a public one.
If Manning and Ross and the county are interested in the Sovereign Village Homeowners' Association accepting a
recreation center, then they are going to have to make sure it contains enough desireable amenities to enable us
to secure a membership adequate enough to operate it successfully. These proposed changes do nothing to
further that end.
Barbara Lewis
--- Original Message ---
From: Matt Hott
To: our pond _.visuaIlink.com
Cc: Eric Lawrence ; Jim Doran ; Matthew Hott
Sent: Friday, July 18, 2008 11:38 AM
Subject: Sovereign Village Recreation Center
1 Ms. Lewis:
Having received your letter dated July 14, 2008,1 am somewhat confused as it does not reflect what we
discussed on July 7, 2008.
The developer Manning and Ross, and to my understanding, is legally bound by the approved proffered plans
to construct a 3,000 s.f. Community Center, Pool and outdoor multi -court play courts.
If the Homeowners Association would like for the developer to construct a larger Pool, the developer has
supported constructing a 30' x 50' pool with a bath house and a multi -purpose court as a revision for the
Recreation Center. This revision would eliminate the 3,000 s.f. Community Center. As we also discussed, the
Parks and Recreation Department will have Community Center space as part of the 12 the Elementary School.
In addition, if the Homeowners Association is further interested in this revision, the Association would have to
agree to take ownership of the facilities when completed.
The developers would need a letter of support from the Homeowners Association for the revised Recreation
Center by July 31, 2008.
If a letter is not received, the developer will have to proceed as per the approved proffered plans.
7/21/2008
Sovereign Village Recreation enter Page 2 of 2
Please contact me if you should have any further questions.
Matthew G. Hott
Superintendent of Parks
Frederick County Parks and Recreation
107 N.Kent St.
Winchester, VA 22601
Phone: 540.665.5678
Fax: 540.665.9687
mhott@co.frederick.va.us
7/21/2008
Sovereign Village Recreation Center •
r
Page 1 of 1
Matt Hott
From: Matt Hott [mhott@co.frederick.va.us]
Sent: Friday, July 18, 2008 11:39 AM
To: ourpond@visuallink.com
Cc: Eric Lawrence; Jim Doran; Matthew Hott
Subject: Sovereign Village Recreation Center
Ms. Lewis:
Having received your letter dated July 14, 2008, 1 am somewhat confused as it does not reflect what we
discussed on July 7, 2008.
The developer Manning and Ross, and to my understanding, is legally bound by the approved proffered plans to
construct a 3,000 s.f. Community Center, Pool and outdoor multi -court play courts.
If the Homeowners Association would like for the developer to construct a larger Pool, the developer has
supported constructing a 30' x 50' pool with a bath house and a multi -purpose court as a revision for the
Recreation Center. This revision would eliminate the 3,000 s.f. Community Center. As we also discussed, the
Parks and Recreation Department will have Community Center space as part of the 12 the Elementary School.
In addition, if the Homeowners Association is further interested in this revision, the Association would have to
agree to take ownership of the facilities when completed.
The developers would need a letter of support from the Homeowners Association for the revised Recreation
Center by July 31, 2008.
If a letter is not received, the developer will have to proceed as per the approved proffered plans.
Please contact me if you should have any further questions.
Matthew G. Hott
Superintendent of Parks
Frederick County Parks and Recreation
107 N.Kent St.
Winchester, VA 22601
Phone: 540.665.5678
Fax: 540.665.9687
mhott@co.frededck.va.us
7/18/2008
0
•
P.O. Box 3748
Winchester, VA 22604
July 14, 2008
Mr. Matthew Hott
Frederick County Department of Parks and Recreation
107 North Kent Street
Winchester, VA 22601
Dear Mr. Hott:
The Sovereign Village Homeowners' Association Board of Directors would first of all
like to thank you, Mr. Doran and Mr. Lawrence for your interest in trying to deal with the
problems relating to the Sovereign Village Recreation Center proffer.
The board met on July 10 and reviewed the proposal as described in the copy of the e-
mail provided to me. After full consideration of the proposal, the board adopted the
following position:
If a proposal that includes a 3000 square foot recreation center as described in the proffer
and a 30 x 80 foot swimming pool as recommended by the Frederick County Parks and
Recreation Department is forthcoming, then the board will require a minimuin of 45 days
in which to review the proposal with Sovereign Village Homeowners.
Sincerely,
161� ,/L-6
Barbara Lewis, president
Message 0 • Page 1 of 2
Matt Hoff
From: Jim Doran Udoran@co.frederick.va.us]
Sent: Monday, July 14, 2008 10:47 AM
To: 'Matt Hott'
Subject: RE: Sovereign Village Rec Center
thanks
-----Original Message -----
From- Matt Hott [mailto:mhott@co.frederick.va.us]
Sent: Monday, July 07, 2008 11:24 AM
To: 'Eric Lawrence'
Cc: Jim Doran
Subject: RE: Sovereign Village Rec Center
Eric,
Met with Ms. Lewis this morning and gave her the information and what we needed from the HOA. We
are waiting on them to get back to us.
They have an HOA Board of Directors meeting on Wednesday.
Thanks!
Matt.
-----Original Message -----
From: Eric Lawrence [mailto:elawrenc@co.frederick.va.us]
Sent: Friday, June 27, 2008 12:22 PM
To: 'Jim Doran'
Cc: 'Matt Hott'
Subject: Sovereign Village Rec Center
Hi Jim and Matt -
Dave Madison just called me to follow-up on our discussion yesterday. Dave is Greg Bancroft's
partner in Manning & Ross Development.. Dave said they are supportive to a slight revision to the
rec center site which would result in a mult-purpose court, and bath house and 30 by 50 pool.
They, obviously, would want to obtain a letter of support from the HOA if indeed the HOA preferred
this revised rec facility. Dave would like to resolve the rec center design within the next month so
that they might move forward with any design changes and construction.
Dave places the responsibility to secure the HOA support with us.
Dave is available should you wish to communicate with him and you move forward with the
`compromise' effort. Dave's cell phone is 974-0584 should you want to reach him.
Please keep me informed, as appropriate, on any progress you're able to achieve. Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
7/17/2008
0 0 Page 1 of 1
Matt Hott
From: Eric Lawrence [elawrenc@co.frederick.va.us]
Sent: Friday, June 27, 2008 12:22 PM
To: 'Jim Doran'
Cc: 'Matt Hott'
Subject: Sovereign Village Rec Center
Hi Jim and Matt -
Dave Madison just called me to follow-up on our discussion yesterday. Dave is Greg Bancroft's partner in
Manning & Ross Development.. Dave said they are supportive to a slight revision to the rec center site which
would result in a mult-purpose court, and bath house and 30 by 50 pool. They, obviously, would want to obtain a
letter of support from the HOA if indeed the HOA preferred this revised rec facility. Dave would like to resolve the
rec center design within the next month so that they might move forward with any design changes and
construction.
Dave places the responsibility to secure the HOA support with us.
Dave is available should you wish to communicate with him and you move forward with the 'compromise' effort.
Dave's cell phone is 974-0584 should you want to reach him.
Please keep me informed, as appropriate, on any progress you're able to achieve. Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540-665-5651
540-665-6395 (fax)
elawrenc(cDco.frederick.va.us
http://www.co.fredericl<.va.us/PlanningAndDevelopment/PlanningAndDev.htm
www.co.frederick.va.us
6/30/2008
Message Page 1 of 2
Matt Hott
From: Jim Doran Odoran@co.frederick.va.us]
Sent: Monday, July 14, 2008 10:47 AM
To: 'Matt Hott'
Subject: RE: Sovereign Village Rec Center
thanks
-----Original Message -----
From: Matt Hott [mailto:mhott@co.frederick.va.us]
Sent: Monday, July 07, 2008 11:24 AM
To: 'Eric Lawrence'
Cc: Jim Doran
Subject: RE: Sovereign Village Rec Center
Eric,
Met with Ms. Lewis this morning and gave her the information and what we needed from the HOA. We
are waiting on them to get back to us.
They have an HOA Board of Directors meeting on Wednesday.
Thanks!
Matt.
-----Original Message -----
From: Eric Lawrence [maiIto: elawrenc@co.frederick.va.us]
Sent: Friday, June 27, 2008 12:22 PM
To: 'Jim Doran'
Cc: 'Matt Hott'
Subject: Sovereign Village Rec Center
Hi Jim and Matt -
Dave Madison just called me to follow-up on our discussion yesterday. Dave is Greg Bancroft's
partner in Manning & Ross Development.. Dave said they are supportive to a slight revision to the
rec center site which would result in a mutt -purpose court, and bath house and 30 by 50 pool.
They, obviously, would want to obtain a letter of support from the HOA if indeed the HOA preferred
this revised rec facility. Dave would like to resolve the rec center design within the next month so
that they might move forward with any design changes and construction.
Dave places the responsibility to secure the HOA support with us.
Dave is available should you wish to communicate with him and you move forward with the
'compromise' effort. Dave's cell phone is 974-0584 should you want to reach him.
Please keep me informed, as appropriate, on any progress you're able to achieve. Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
7/14/2008
Page 1 of 2
Matt Hott
From: Jim Doran adoran@co.frederick.va.us]
Sent: Tuesday, September 02, 2008 12:42 PM
To: Matt Hott; Jason Robertson
Subject: FK Sovereign Village rec center ,
FYI
-----Original Message -----
From: Eric Lawrence [mailto:elawrenc@co.frederick.va.us]
Sent: Tuesday, September 02, 2008 1:24 PM
To: 'Jim Doran'; 'Matt Hott'; 'Jason Robertson'
Subject: RE: Sovereign Village rec center
If you believe the location and concept has merits, let's sit and talk. My take from JRR's comments is that we
don't want to miss an opportunity. And if h/lanning and Ross simply construct and then padlock their facility, it
might be a missed opportunity for us. I'm available as soon as 2PM today or tomorrow after 11AI`I.
Sooner the better as if the County wants to do something, vre'll need to get the developer onboard — and they
wanted to beginning construction . yesterday.......
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540-665-5651
540-665-6395 (fax)
elayvrenc@co.frederickya.us
http_://www.co.frederick.va.us/PlannirKtAndDeve.lopment/PlanningAndDev.litm
From: Jim Doran [mailto:jdoran@co.frederick.va.us]
Sent: Tuesday, September 02, 2008 10:57 AM
To: 'Eric Lawrence'; Matt Hott; Jason Robertson
Subject: RE: Sovereign Village rec center
Eric,
First of all, I'm not sure why we would construct another 25m competitive outdoor pool. We currently have two
and the City of Winchester has a 50m competitive pool near this site. If the county were to be involved, I would
recommend a leisure pool with the amenities that are now commonplace in recreational environments_ Lap lanes
could be incorporated into the design of a leisure pool to meet the needs of the lap swimmers.
Secondly, is there adequate space to provide the pool, along with the needed parking, for a facility I would
assume would be sized to have regional appeal? The number of parking spaces and the proposed size of the
pool will impact the bottom line for the facility.
We suggest that, after getting help with the space issue, we sit down and propose parameters for a facility, run
them by you, and then develop some projections based on agreed upon information.
Let me know if this is workable,
9/2/2008
.f 0 0 Page 2 of 2
Jim
-----Original Message -----
From: Eric Lawrence[maiIto: elawrenc@co.frederick.va.us]
Sent: Tuesday, September 02, 2008 12:21 PM
To: 'Matt Hott'; 'Jim Doran'
Subject: Sovereign Village rec center
Quick update on a conversation I had with JRR and Rod this morning...
As I'm sure you're aware, the Sovereign Village HOA has stated that they have no interest in assuming
ownership of the completed Sovereign Village Recreation Center unless it's a larger pool (competition?)
and 2,000 community center. Developer is only willing and required to construct a smaller facility.
Rod's investigating the legal rights for the HOA to deny ownership of the completed improvement.
JRR mention that if the HOA doesn't want the facility, should the County step up to assume ownership if
the site had a larger pool? Maybe work with developer to secure a competition pool and bath house —
county could cover cost differential?
I mentioned to JRR that I understood from conversations with Parks that the pool (competition size) was
not a money making venture. JRR's curious as to what the cost differential might be, and should we
involve a Board member in a brief discussion to see if further consideration is warranted?
In an effort to make sure we fully vetted the possibility for a county facility at this site, could you offer me a
brief cost estimate to construct a neighborhood pool meeting your guidelines? Maybe a pros/cons to
county ownership of this site and pool?
I'll touch base with the developer to learn what their construction schedule is and a cost estimate for their
planned improvements.
Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540-665-5651
540-665-6395 (fax)
elawi-enc@co.fredericl<.va,us
I>tip_%%wvey�.co_Frederick_ya,us/Planning{�ndDevelohmc:nt/Planning�nciDev..htm
9/2/2008
4,500 sq ft Leisure Pool
1,000 sq ft Average Spray -ground
4,000 sq ft Pool bath -house, pump room, and concession
8,800 sq ft Pool Decking and caulking
120 parking spaces
Fencing
Landscaping
Site Work
Architect and Engineering (oo)
Total
Need 3acres to facilitate above progranuning
Annual Operating Expenses of
Annual Revenue
$ 800,000
375,000
700,000
55,000
180,000
12,000
10,000
$ 2,500,000
$ 100,000
75,000
• � EGG
> >'7 /
0
J
building permits issued as of Nov 3 2008
y"y�v
9�04�X4,-1`h 6
S
Bev Dellinger
From: barbaralewis [ourpond@visuallink.com]
Sent: Friday, December 19, 2008 7:53 PM
To: Eric Lawrence
Sovereign Village Home Owners Association
.... .......... ;....... ,,... ..:...........,. PO Box 3478,
Winchester, VA 22604 — sovereicnvilla elg ioa@yahoo.com — 540-667-6177
December, 19, 19, 2008
To: Eric Lawrence, director of planning
The Board of Directors of the Sovereign Village Homeowners' Association is able at this time to agree to the revisions in
the proffer submitted to you on December 12, 2008. We look forward to having this recreation center opened in our
community.
Barbara Lewis
Jay Moran
Brit Reyes
Rick Churchill
Aaron Trompeter
01/14/2009 12:23 FAX
0
[6002/003
0
r
LAwsON AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POsT OK•FIOE Box 2740
WINCHE5rER, V-A 22604
TELEPHONE: (540) 665-0050
FAcsmu,E: (540) 772-4051
Richard C. Shickle, Chairman At -Large
Shenandoah University
1460 University Drive
Winchester, VA 22601
Mr. Gary A. Lofton
711 Buffalo Marsh Road
Middletown, VA 22645
Mr, Philip A. Lemieux
106 Dell Court
Winchester, VA 22602
Mr, Bill Ewing
P.O. Box 27
Stephens City, VA 22655
January 14, 2004
Re:
T110MAS MOORE LAWSON +TLAWSONnj PS I.0 rOM
Mr_ Gene E. Fisher
Shenandoah University
1460 University Drive
Winchester, VA 22601
Mr. Charles C. DeHaven, Jr.
2075 Martinsburg Pike
Winchester, VA 22603
Mr. Gary W. Dove
821 Apple Pie Ridge Road
Winchester, VA 22603
Maturing & Ross Developers LLC
Our rile No. 860.001
Dear Mr. Chairman and Members of the Board:
As you know, 1 represent Manning & Ross Developers LLC ("Manning & Ross"), On
tonight's agenda is a request by Manning & Ross to amend the proffers for the Channing Drive
subdivision. That request to amend is a result of numerous meetings between Manning & Ross and
individual residents within the Chaining Drive subdivision and who have sent an email to the
County advising they are speaking on behalf of the Board of the Sovereign Village Homeowners'
Association.
As you may or may not be aware, there is also a pending litigation before the Frederick
County Circuit Court in which several residents of Sovereign Village have asserted that Manning &
Ross has violated the development scheme in its efforts to amend the Master Plan and build out the
last remaining sections in the development_ Several of those individuals who have requested that the
pending proffer amendment be approved are some of the same individuals who have made the
above -referenced allegations in the Circuit Court.
FAMY RtrYAt, AvbkKKR! POar opewr. Box 602, FRonr RmAL. %7IMM10A 226.16ju,nni mn (54M) 634,941.4, FAIAkAHI Al (940) 05.9471, E-MAIL: sIUKJtfLYNXCONNECT.COM
FAIRrAXADDREss: I W OS MAIN STREET, SUITE 2M. FAIRFAx, VIRCINIA 22030, TELEPHONE: (703) 352-2615, FAcsIMILS: (703) 352-4190. E-MAIL: YROMAsO.LAwsONQM1'EAIZPN,NILT
Frederick County Board of Supervisors
January 14, 2009
Page 2
Also, at the hearing, the Court granted leave for another group of residents of the
development to intervene in the lawsuit. This is a group who is represented by counsel and who
advised the Court that they were presenting a view different from the residents who -had filed the
original suit and, in fact, confirmed they believe the developer was following the development
scheme approved for this project and that they are in support of the development activities of
Manning & Ross,
The proposed proffer amendment purportedly reflects an agreement between the developer
and the residents of Channing Drive. It is apparent, based upon the actions taken by some of these
individuals In the lawsuit, that there is not an agreement. Accordingly, we respectfully request that
the pending matter requesting the amendment of the proffers be tabled until this Board's next
meeting to allow an opportunity to confirm an agreement.
Thank you for your attention to these matters.
Manning & Ross Developers LLC
01/14/2009 12:23 FAX
•
0
U 0 0 1 / 0 0 3
r
LAWSON AND SILEK, P.L.C.
120 E ETER DRIVE, t, TITE 200
POST oFFmCE BOX 2740
WINCHESTER, VA 22604
TF,I,EPFIom&; (540) 665-0050
FACSIMLLE: (540) 722.4051
FACSIMILE COVER SHEET
Date: January I4, 2009
To: Roderick B. Williams, Esquire
Facsimile No.: 667-0370
From: Thomas Moore Lawson, Esquire
Our rile No: Manning & Ross Developers LLC
Number of pages
including cover: 3
Message: Please see the attached letter.
The information Contained in this facsimile message is infonxuation intended only for the use of
the individual or entity named above, and may be attorney/client privileged and confidential. If
the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the
original message to us at the above address via the U.S. Postal Service- Thank you.
FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRCINIA Z2630, TPLP.PEONE! (ND) 635-9415, FACS0,012! (540) 635-942I. E-MAIL! S1LHK)OLYWCCONNECT.COM
FAfUVAY ADDDL[S; M05 MAIN 5T E[ .SUFTT, 200, FADTFAX, YIRmu 22030, TELEmum(703) 351d615, FACa miD .(703) 351.4190, E.MAD.; TAOMAs0LAwEONQgVERIZON.NET
C
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
February 25, 2009
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #14-08 FOR SOVEREIGN VILLAGE
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, March 11, 2009, at 7:15 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Rezoning 914-08 of Sovereign Village, to revise proffers associated with Rezoning #15-99, section
titled Recreation Center and applicable to 3.03 acre parcel. The proffer revisions 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 6511-13A-26A.
Any interested parties having questions or wishing to speak may attend the public hearing. A copy of
the applications 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 us on the web at:
www.co.frederick.va.us.
Planning Director
ERL/bad
AICP
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
J- f �)- /O`�' from the DepartmentofPlanning and Development, Frederick
County, Virl7inia:
65H - 1-3A- 26-A
MANNING & ROSS DEVELOPERS LLC
PO BOX 27
WINCHESTER VA 22604.0027
65H - 1-3A- 2-
CRUMPACKER LINDA J
606 FARMINGTON BLVD
WINCHESTER VA 22602.4358
65H - 1-3A- 1-
FEDERAL HOME LOAN MORTGAGE CORP
5000 PLANO PKWY
CARROLLTON TX
65H - 1.3A- 3-
NEWTON JUSTIN W
NEWTON ROCHELLE R
105 JULASAR DR
WINCHESTER VA
65H - 1.3A- 4-
RODGERS NATHAN M
RODGERS JASMINE M
107 JULASAR DR
WINCHESTER VA
65H - 1.3A- 5-
KLEPEISZ FRANK J
KLEPEISZ ILEANA S
111 JULASAR DR
WINCHESTER VA
65H - 1.3A- 10-
TRUMM VANETTE M
TRUMM BRUCE D
122 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1. 1. 76-
KANG JUNG S
214 DEWBERRY DR
WINCHESTER VA 22602.6794
65H - 1.3A- 6-
YOUNIS JUDY M THOMAS
113 JULASAR DR
WINCHESTER VA 22602.4359
75010 65H - 1-3A- 7.
HAVRDA STEVEN S
HAVRDA DAWN E
117 JULASAR DR
WINCHESTER VA 22602.4359
22602.4359 65H - 1.3A. 8.
SHERMAN JOHN D
COUNTS KIMBERLEY L
119 JULASAR DR
WINCHESTER VA 22602.4359
22602.4359 7'`
Eric I; Lawrence, Planning Director
22602.4359 Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaid, doi ereby certify that F- R. Lawrence, Planning Director four the Department of Planning
and Development, whose name is signed to the foregoing, dated & ,has
personally appeared before me and acknowledged the same in my State and C unty aforesaid.
el
Given under my hand this �j day of r��1ll�li v7C��ci'
My commission expires on ��� ` ( (226
65H - 1.3A- 9-
WATTS ROBERT L
WATTS ANGELA D �
121 JULASAR DR
WINCHESTER VA 22602-4359 NOTAR UBLIC
BEVERLY H. pE— l,l- INGER
Sovereign Village HOA, INC. NOTARY ID # 331878
PO Box 652 COMMONWEA TH OF NOTARY IVIRG1.INIA
Winchester, VA 22604 MYCOMMISS10 eXPIRES JULY GINI 1
0
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
January 28, 2009
TO: THE APPLIC.ANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #14-08 FOR SOVEREIGN VILLAGE
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, February 1.1, 2009, at 7:15 p.m. in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following application:
Rezoning #14-08 of Sovereign Village,to revise proffers associa ted with Rezoning 415-99, seciioi;
titled Recreation Center and applicable to 3.03 acre parcel. The proffer revisions 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 P.ed Bud Magisterial District, and is
identified by Property Identification N:�,mber 6511-13A-26A.
Any interested parties having questions or wishing to speak may attend the public hearing. A copy.of
the applications 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 visi,us on the -web at:
wwELawrence,A10P
rick.va.us.
Sine
s
Eric
Planning Director
ERL/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
r
This is to certi that the attached correspondence was mailed to the following on
1 from the Department of Planning and Development, Frederick
County, Virginia:
Maiming & Ross Developers LLC
PO Box 27
Winchester, VA 22604
Linda Crumpacker
606 Farmington Blvd.
Winchester, VA 22602
Maria Landaverde
608 Farmington Blvd.
Winchester, VA 22602
Justin & Rochelle Newton
105 Julasar Dr.
Winchester, VA 22602
Nathan & `asrninc Rodgers
107 Julasar Dr.
Winchester., VA 22602
Frank & iieana Klepeisz
111 Julasar Dr.
Winchester, VA 22602
STATE OF VIRGINIA
COUNTY OF FREDERICK
Judy Youni;
113 Julasar Dr.
Winchester, VA 2.2602
Steven & Dawn Havrda
117 Ruasar Dr.
%inr.'ie�tr.,r_ VA 22602
Jolul Sherman & Kimberley Counts
119 Julasar Dr.
Winchester, VA. 22602
Robert & Angela Watts
121 Julasar Dr.
Winchester, VA 22602
1
Eric K. Lawrence, Planning Director
Frederick County Planning Department
a Notary Public in and for the State and County
aforesaid, do&reby certify that Eris . Lawrence, Planning Director forth Departmentof Planning
and Development, whose name is signed to the foregoing, dated aV-0 j , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this c� U/ day of Ve)171444, c�-6 () j
My commission expires on i ac
ON MOM av
BEVERLY H. ER
NOTARY ID#E331J8G78 NOTARY P LIC
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY31,2011
Vanette & Bruce Trumm
122 Julasar Dr.
Winchester, VA 22602
Jung Kang
214 Dewberry Dr.
Winchester, VA 22602
Sovereign Village IIOA, Inc.
PO BOX 652
Winchester, VA 22604
0
COUNTY of FRRDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC HEARING
December 31, 2008
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNNER(S)
RE: REZONING APPLICATION #1.4-08 FOR SOVEREIGNI VILLAGE
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, January 14, 2009, at 7:45 p.m. in the Board Room of the Frederick County -
Administration Building at 107 North. Kent Street, Winchester, Virginia to consider the following
application:
Rezoning #14-08 of Sovereign Village, to revise proffers associated with 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. The property is located at the southwestern corner of the
intersection. of Rossmann and Farmington Boulevards in the Red Bud Viagisterial District, and is
identified by Property identification Number 6514-13A-26A.
Any interested parties having questions or wishing to speak may attend the public hearing. A copy of
the applications 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 us on the web at:
NN-ww.co.frederick.va.us.
S
Planning Director
ERL/blfd
AICP
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
•
This is to certify that the attached correspondence was mailed to the following on
�-I -3.i (�` from the Department of Planning and Development, Frederick
County, irgi ia:
65H - 1.3A- 26-A
MANNING & ROSS DEVELOPERS LLC
PO BOX 27
WINCHESTER VA 22604.0027
65H - 1.3A- 2-
CRUMPACKER LINDA J
606 FARMINGTON BLVD
WINCHESTER VA 22602.4358
65H - 1.3A- 1-
LANDAVERDE MARIA C
608 FARMINGTON BLVD
WINCHESTER VA 22602.4358
65H - 1.3A- 3-
NEWTON JUSTIN W
NEWTON ROCHELLE R
105 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1.3A- 4-
RODGERS NATHAN M
RODGERS JASMINE M
107 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1.3A- 5-
KLEPEISZ FRANK J
KLEPEISZ ILEANA S
111 JULASAR DR
WINCHESTER VA 22602.4359
STATE OF VIRGINIA
COUNTY OF FREDERICK
65H - 1.3A- 6-
YOUNIS JUDY M THOMAS
113 JULASAR OR
WINCHESTER VA
65H - 1.3A- 7-
HAVRDA STEVEN S
HAVRDA DAWN E
117 JULASAR DR
WINCHESTER VA
65H - 1.3A- 8-
SHERMAN JOHN D
COUNTS KIMBERLEY L
119 JULASAR DR
WINCHESTER VA
65H - 1.3A- 9-
WATTS ROBERT L
WATTS ANGELA D
121 JULASAR DR
WINCHESTER VA
J
22602.4359
22602.4359
22602-4359
22602.4359
Eric R. Lawrence, Planning Director
Frederick County Planning Department
I, �t �rn � �) �. � , a Notary Public in and for the State and County
aforesaid, do hereby certify that Eric R. Lawrence, Planning Director for the Department of Planning
and Development, whose name is signed to the foregoing, dated l &l 1 0% , has
personally appeared before me and acknowledged the same in my State an3 County aforesaid.
Given under my hand this �' l day of
My commission expires on
NOTARY PUBLIC
_1:� �'5C-I�I -7H
65H - 1-3A- 10- . •
TRUMM VANETTE M
TRUMM BRUCE D
122 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1- 1- 76-
KANG JUNG S
214 DEWBERRY OR
WINCHESTER VA 22602.6794
65H -1- 1- 76-A v
SOVEREIGN VILLAGE HOMEOWNERS ASSOC
ING
PO BOX 652
WINCHESTER VA 22604-0652
•
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
December 23, 2008
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #14-08 FOR SOVEREIGN VILLAGE
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, January 7, 2009, at 7:00 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Rezoning 414-08 of Sovereign Village, to revise proffers associated with Rezoning # 15-99, section
titled Recreation Center and applicable to 3.03 acre parcel. The proffer revisions 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 65H-13A-26A.
Any interested parties having questions or wishing to speak may attend the public hearing. A copy of
the applications 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 us on the web a�-:
w-ww.co.frederick.va.us.
S
E
Planning Director
ERL /bad
AICP
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
0 0
"I -his is to certify that the attached correspondence was mailed to the following on
/1 R,, k from the Department of Planning and Development, Frederick
County, Virg nia:
65H - 1.3A- 26-A
MANNING & ROSS DEVELOPERS LLC
PO BOX 27
WINCHESTER VA 22604.0027
65H - 1.3A- 1-
LANDAVERDE MARIA C
608 FARMINGTON BLVD
WINCHESTER VA 22602.4358
65H - 1.3A- 2-
CRUMPACKER LINDA J
606 FARMINGTON BLVD
WINCHESTER VA 22602.4358
65H - 1.3A- 3-
NEWTON JUSTIN W
NEWTON ROCHELLE R
105 JULASAR DR
WINCHESTER VA 22602-4359
65H - 1.3A- 4-
RODGERS NATHAN M
RODGERS JASMINE M
107 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1.3A- 5-
KLEPEISZ FRANK J
KLEPEISZ ILEANA S
111 JULASAR DR
WINCHESTER VA 22602.4359
STATE OF VIRGINIA
COUNTY OF FREDERICK
65H - 1.3A- 6-
YOUNIS JUDY M THOMAS
113 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1.3A- 7-
HAVRDA STEVEN S
HAVRDA DAWN E
117 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1.3A. 8-
SHERMAN JOHN D
COUNTS KIMBERLEY L
119 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1.3A- 9.
WATTS ROBERT L
WATTS ANGELA D
121 JULASAR DR
WINCHESTER VA 22602.4359
Frederick County Planning Department
I, a Notary Public in and for the State and County
aforesaid, do he6bby certify that Eric R. Uwrence, Planning Director for the Da -tment of Planning
' and Development, whose name is signed to the foregoing, dated aep, has
personally appeared before me and acknowledged tl�same in my State and ounty aforesaid.
Given under my hand this _ _ day of
My commission expires on
BEVERLY H. DELLINGER
NOTARY ID # 331878
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
1MIONYCOMMISSEXPIRES JULYJ1.2011
�. -
NOTARY PUIOAC
65H - 1-3A- 10- ! •
TRUMM VANETTE M
TRUMM BRUCE D
122 JULASAR DR
WINCHESTER VA 22602.4359
65H - 1. 1- 76-
KANG JUNG S
214 DEWBERRY OR
WINCHESTER VA 22602.6794
65H - 1. 1. 76-A
SOVEREIGN VILLAGE HOMEOWNERS ASSOC
INC
PO BOX 652
WINCHESTER VA 22604-0652
s 6 VIFkr/6/-,/ ViLG4��_
P�AJ 4- 6�5l/ /-4s6 �s
Adjoining Property Owners
Rezoning
TO:BARBARA-DATA PROCESSING
FROM:BEV - Planning Dept.
Please print '�sets of labels by
-3 s THANK!
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 2ndfloor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name
Prop - _
Name
s.,
1 P
15
Y1"
PropertjGlGSHI H-A=-1- 40-- �.
Name
Propart}r#fs5H=i=1--1;,46-,64, 63, 62
Name Sovereign Village HOA POB 3478, 22604
Property 965H-1-1-76A
Name
Property # .� a
Name
Property #
�: �•f
Name
"
Property #
Name
Property #
Name
--JA
% �) 1l -- 3 A
Property # _ �� - ✓
(yo d Iv —/ r J 4— /0 `-- 15 J
56 vi�-kFjGti V/LLAG�
Adjoining Property Owners
Rezoning
40
TO: BARBARA-DATA PROCESSING
FROM:BEV - PI nning Dept.
Please rin sets o
a! w l
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
Property #65-A-39B
Name
Property #65H-13A-1 - 10
Name
Property #65H-1-1-1, 76, 64, 63, 62
Name Sovereign Village HOA POB 3478, 22604
Property #65H-1-1-76A
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
15
C
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
J
W
GIS, MAPPING, GRAPHICS
WORD REQUEST
s
REQUESTING AGENT:
Department, Agency, or Company:_
Mailing and/or Billing Address:
Telephone:
E-mail Address:
ESTIMATED COST OF PROJECT:
DATE RECEIVED:
TED COMPLETION DATE:
FAX:
i I ��- // 9//o �/
DESCRIPTION OF REQUEST: (Write addition
L D%L M H a V 1 LLA6:�
DIGITAL: PAPER: FAX: L E-MAIL:
COLOR: BLACK/WHITE: NUMBER OF COPIES:
STAFF MEMBER:
COMPLETION DATE:
MATERIALS:
DATE OF PICK-UP/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
HOURS REQUIRED:
AMOUNT PAID:
CHECK NON
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)
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02-05-2009
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WMIMM
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COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
65 - A- - 57-
LIPDYKE, JERRY L & WINIFRED D
CIO JEAN CARTER
2434 BERRYVILLE PIKE
WINCHESTER, VA.
22601%5O39
22603-4881
NTXTM 2,01 1 Oe 1.1/O1/O6
RUTURN TO SF'N01 i7
ATTr-mR,rE:D NO'T KNOWN
UNABLE: '1 O f"ORWARD
CC: 22601!SO39O7 kOO17-00763 -25--41
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
October 25, 2006
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #13-06 FOR SENSENY VILLAGE
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, November 8, 2006, at 7:15 p.m. in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following applications:
Rezoning #13-06 of Senseny Village, submitted by Greenway Engineering, for the purpose of revising
the Generalized Development Plan (GDP) and proffers applicable to the road design.
Master Development Plan #12-06, submitted by Greenway Engineering, to accommodate 285
residential units.
The property is located on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route
867) in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65-A-49B
and 65-A-55.
Any interested parties having questions or wishing to speak may attend this public hearing. A 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 us on the web at:
www.co.frederick.va.us.
Sincerely,
r�
Candice E. Perkins
Planner II
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000