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HomeMy WebLinkAbout01-02 Lake Holiday Estates Utility Company - Gainesboro - Backfile (2)BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened 19.21D•01 Reference Manual updated/number assigned D-base updated J'a • 90.01 One B&W location map requested from GIS Two sets of labels requested from Data Processing ]-0q0 j File given to Renee' to update Application Action Summary MEETING DATE: 15.Oa FINAL ACTION: App-noyEf I-) CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated •f •a File given to Renee' for final update to Application Action Summary UACarol\Common\TRACKING. BZA Revised 05/25/01 I -- ,.4j MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on January 15, 2002. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Dudley Rinker, Back Creek District; Thomas Malcolm, Red Bud District (also representing Shawnee District); Robert Perry, Stonewall District; and Theresa Catlett, Opequon District STAFF PRESENT: Evan A. Wyatt, Planning Director; Patrick T. Davenport, Zoning Administrator; Rebecca A. Ragsdale, Planner I; Carol Huff, BZA Secretary --------------- CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. NOVEMBER 20, 2001 AND DECEMBER 18, 2001 MINUTES The minutes for the November 20, 2001 and December 18, 2001 meetings were approved by unanimous vote upon a vote by Mr. Rinker and seconded by Mr. Perry. ELECTION OF OFFICERS FOR 2002 Mr. Rinker made a motion to re-elect the same roster as was in place in 2001, as follows: Chairman: James Larrick, Jr.; Vice Chairman: Teresa Catlett; Secretary: Carol Huff. Mr. Perry seconded the motion which passed by unanimous vote. BE IT RESOLVED, that the following persons are hereby re-elected to serve in their present capacity in the year 2002 on the Frederick County Board of Zoning Appeals: Chairman: James Larrick, Jr.; Vice Chairman: Teresa Catlett; Secretary: Carol Huff. PUBLIC HEARING Variance #21-01, Fairfield Inn & Suites, submitted for a 40' distance buffer variance to the Category A buffer requirements. This property is located on the north side of the intersection Frederick Co. Board of Zoning Appeals; Minutes of January 15, 2002 Minutes Book Page 1133 _0 of Front Royal Pike (Route 522) and Costello Drive (Route 1367), and is identified with Property Identification Numbers 6411-1-4 and 6413-1-5 in the Shawnee Magisterial District. ACTION - APPROVED Mr. Perry stated for the record that he would abstain from participation in the discussion and voting on this particular item. This application had been tabled at the December 18, 2001 meeting at the applicant's request. Mr. Davenport, Zoning Administrator, gave the background information. Mr. Mark Smith, of Greenway Engineering, represented the applicant. Mr. Smith stated that the variance is for the site plan for the hotel use. The shape of the lot is the main reason for the variance, and the change in the ordinance when the County instituted the buffering for B3 properties. Mr. Smith stated that they intended to put in a 10-foot buffer, at grade, when they build the site. Mr. Steve Parrish, representative for the company that is actually building Fairfield Inn & Suites, told the Board that their company uses a footprint, or `cookie cutter' design, that is the same each time they build one and it wouldn't be practical to attempt a revision of this footprint. Dr. Jerry Grimes spoke on behalf of the three remaining residents (himself, Mr. Garber, and Mr. Awl) in the area of the proposed construction, and asked if a 20-foot buffer could be constructed instead of the 10-foot being proposed. He stated that they were asking for this extra buffering as a "good neighbor policy." Further concerns were about the impact on downstream, and the sewer/drainage easement that goes through his yard. Chairman Larrick stated for Dr. Grimes' benefit, and for the record, that he had placed in the file a copy of his position pertaining to the issue of a possible conflict of interest that Dr. Grimes had raised at the December meeting. Board members asked about when the area in question had changed from residential to mainly business and industrial, and additional questions about the easement issue. Dr. Grimes continued to express his concern about water run-off from the other businesses out there. Chairman Larrick asked Mark Smith if they would be willing to work on the problem. Mr. Smith stated that they would be willing to put in a 10-foot buffer along the entire length of the back property line. There was no one else present to speak for or against the application; therefore, the public hearing portion of the meeting was closed. There was little discussion on the matter other than Mr. Malcolm's question on why couldn't the buffer be 20 feet instead of 10 feet. Mr. Smith came back to the podium and said there were two reasons for that: 1) sewer line that runs up through there; and 2) they need access to the manholes. Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 Minutes Book Page 1134 2 Mr. Rinker moved to grant the variance request with the understanding that the applicant would run the landscaping buffer the entire length of the back property line, as previously stated. Teresa Catlett seconded the motion which passed by majority vote, with Mr. Perry abstaining. BE IT RESOLVED, that Variance #21-01, Fairfield Inn & Suites, submitted for a 40' distance buffer variance to the Category A buffer requirements, was approved with the landscaping buffer to be installed at a 10-foot width the entire length of the back property line. Variance #01-02, Lake Holiday Utility Company, submitted by Bushman Engineering, PC requesting variances of the 600' buffer requirement as follows: 593' from the northeast property line; 530' from the west property line; 550' from the south property line; 590' from the east property line; and 560' from the northern property line. The .96-acre site is located in the "Summit at Lake Holiday" near Cross Junction on the south end of Lakeview Drive, 0.1 miles southeast of the intersections of Holiday Road and Lakeview Drive; and is identified with Property Identification Number 18-A-28E in the Gainesboro Magisterial District. ACTION - APPROVED Chairman Larrick stated for the record that he has filed a disclosure which states that he owns property at the Summit; however, his property does not border the property which is the subject of the variance request. Rebecca Ragsdale, Planner I, presented the background information. She stated that the variance is being requested due to the size and shape of the lot, and because of the court order which the Summit is under to expand the sewage treatment facility. There is currently a building moratorium in effect which cannot be lifted until the expansion has been completed. Chairman Larrick asked if there were not a court order for the Summit to expand their wastewater treatment facility, would the staff s position still be one ofrecommendation to approve the request. Mr. Davenport replied yes, that due to the irregular shape of the lot, the variance would still be justified. Mr. Frank Heisey, President of the Lake Holiday Country Club Board of Directors, passed out a package to the Board which gave a history of the Summit and explained how they came to this point today. Mr. David Bushman, President and CEO of Bushman Engineering which is overseeing the expansion project, came to the podium and explained their phasing plan for the expansion. He also gave additional technical information. Questions from the Board included whether any odor problems existed, were the wastewater tanks currently open or closed, who was managing the plant, and what the time frame was for completing the expansion. The applicants stated that they have already placed information in their Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 3 Minutes Book Page 1135 newsletter for the people whose lots were currently under the moratorium to submit their building plans. Approval would be on a first -come, first -serve basis. Future needs would probably include the construction of another plant. Mr. Dan Hetland, property owner of an adjoining farm, was present to tell the Board that there is a sewer, odor and water problem at the Summit, and that he was opposed to any further expansion or new home construction. No one else came forward; therefore, the public hearing was closed. Mr. Malcolm moved for approval of the variance as requested and Mr. Rinker gave the second. The motion passed unanimously with all ayes from the Board. BE IT RESOLVED, THEREFORE, That Variance #01-02, Lake Holiday Utility Company, submitted by Bushman Engineering, PC, is approved for variances of the 600' buffer requirement as follows: 593' from the northeast property line; 530' from the west property line; 550' from the south property line; 590' from the east property line; and 560' from the northern property line for the purpose of expanding the wastewater treatment plant. Variance #02-02, Dove Family Co., LLC, submitted by Dove & Associates for a variance to the Frederick County Zoning Ordinance, Sec.165-27E(1), Surface Material Requirements, and (3), Curb and Gutter Requirements. This property is located at 780 Airport Road and is identified with Property Identification Number 64-5-3 in the Shawnee Magisterial District. ACTION - TABLED UNTIL MARCH 19, 2002 Mr. Davenport gave the background information on Mr. Dove's request. The property which is the subject of the request is located within the Sewer and Water Service Area (SWSA) resulting in specific requirements of the Frederick County Zoning Ordinance needing to be met before the site plan can be approved. There were questions from the Board on the significance of being `in' or `out' of the SWSA and why the road realignment issue was not addressed in the staff report. Mr. Edward W. Dove, Managing Member of Dove Family Co., LLC, spoke on behalf of the application. He stated that when they contracted to purchase the property two years ago, the current zoning requirements were not in effect. He said that he was not aware of the code changes and that they were approved the same night his rezoning application was approved. He further stated that they were opposed to spending the amount of money it would take to comply with the new requirements because there is a possibility that realignment plans for Airport Road would `wipe out' whatever they do. In addition, he requested that they be allowed to construct the offices under the same conditions that AMK Products, Inc. (on the east side of the property) operates. Mr. Dove stated that they would be willing to bring the property up to current code requirements after they see which way Airport Road is going to go. Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 Minutes Book Page 1136 4 Further discussion ensued regarding the funding and timetable for the realignment project and the negotiations involved., and whether the BZA had the power to put a condition on a variance for something that they did not know whether it would happen or not. Mr. Evan A. Wyatt, Planning Director, spoke against the application. He spoke first about the realignment of Airport Road and confirmed that the project is now in the second phase; however, due to the current state budget constraints, he could not hazard a guess as to when the actual project might take place. Second, he addressed the issue of the ordinance and the intent of the Comprehensive Plan. He stated that the change in the ordinance that Mr. Dove was referring to was a result of a `loophole'in the ordinance which a developer was successful in holding the county to when AMK Products, Inc. was constructed. Additionally, Mr. Wyatt pointed out that double prime and seal and concrete wheelstops requirement in the ordinance was only if the property is located in RA (Rural Areas), not in M1 (Light Industrial), and if a waiver of the master development plan requirement had been granted. Mr. Wyatt agreed with Chairman Larrick's assessment that the BZA was not in a position to grant a temporary variance. The final item Mr. Wyatt addressed was Mr. Dove's contention that he was unaware of the pending changes in the zoning ordinance. Mr. Wyatt explained the process involved with the Development Review & Regulations Subcommittee (DRRS) and the public hearings that followed, and stated that at no time was there ever a negative comment received. He stated that many issues could be dealt with at the site plan review level, and that staff would be happy to work with Mr. Dove to resolve them. Mr. Dove requested that the application be tabled until the March 19, 2002 meeting to give him time to meet with staff and, possibly, work out an alternate solution. The Board agreed by unanimous consent to table Variance #02-02 until March 19, 2002. There being no further business at hand, the meeting adjourned at 5:20 p.m. Respectfully submitted, 94 James L ick, Jr., Chairman Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 - Minutes Book Page 1137 COUNTY of FREDERICK Department of Planning and Development 540/665-565 1 FAX. 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: February 4, 2002 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the business named below as a deposit for a sign for Board of Zoning Appeals Application #01-02 for Lake Holiday Estates. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Bushman Engineering, PC 12335 Back Road Toms Brook, VA 22660 RSA/kac 0 0 Lake Holiday Country Club Cross Junction, Virginia Board of Zoning Appeals January 15, 2002 References M. Frank Heisey, President Reference A Circuit Court of Frederick County -- August 26,1008 Decree Appointing Special Commissioner Reference B Circuit Court of Frederick County - October 9,1998 Order Evaluating Condition and Capacity of Water and Sewer Service and Placing Building Moratorium October 9,1998 Reference C r Circuit Court of Frederick County -October 31, 2000 Order to: - Suspend Order of 10/20/2000 - requiring refunds and credits - Submit a plan for earmarking funds for expansion of the sewer system Reference D -- Circuit Court of Frederick County - November 22, 2000 Order to Comply with plans submitted -- LHCC Resolution 200M and LHEUC Resolution 2000-6 Reference E r Letter to Circuit Court of Frederick County -- April 2, 2001 from President of Lake Holiday Country Club and President of Lake Holiday Estates Utility Company updating the Court on our progress. t _ r Reference A VIR GINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY ALAN BLOOABNGDALE, ET AL, Complainants V. LAKE HOLIDAY COUNTRY CLUB, Respondent CHANCERY NO. 98-64 This case came before the Court on August 26, 1998, on the Complainants' Petition for Appointment of a Special Receiver for Respondent, Lake Holiday Country Club, Inc. The parties appeared with their counsel, evidence was presented and argued. Based upon the evidence presented, the proffers of counsel, and for other good cause shown, it is ADJUDGED AND ORDERED that Charles R. Alton, Esquire, is hereby appointed a Commissioner in yhlyawlY 1n �tir case, and he shall forthwith undertake the ons: 1. To take possession of the assets of Lake Holiday Country Club, Inc., and Lake .Holiday Estates Utility Company, hereinafter the Companies, and is directed to manage,and to conserve the companies as a going concern until further order of this court. 2. To schedule and oversee the holding of an annual meeting_by October 31, 1998, of the members of Lake Holiday Country Club, Inc., and Lake Holiday Estates Utility Company, hereinafter the Companies. The proper notice and proxy form, if appropriate, and slate of candidates shall be prepared by the Commissioner with the assistance of counsel for he parties. Nominations shall be permitted from the floor. 3. To hire a management company to either manage or assist in the management of the Companies until the newly elected board can make an informed decision as to what form the management of the companies will take. 0 r Reference -A 4. To supervise the election of the Board of Directors and officers of the Companies, which election shall take place at the annual meeting. Initially, the boards of the two companies shall be comprised of different persons. 5. Upon election of the new Boards of Directors, to receive evidence that the newly elected Boards of Directors have taken the following action: (a) To hire an independent accountant to audit the financial records of the corporation as required for the period January 1, 1994, through the present time to determine whether any Company funds or assets have been misappropriated or wasted, and if so by whom, and to prepare current financial statements for the companies. (b) To institute generally accepted accounting principles regarding the books and records of the Companies in accordance with the American Institute of Accounting's guidelines for common Interest Realty Associations and small utility companies. (c) To provide the Commissioner with information sufficient to satisfy the Special Commissioner that all books and records are being maintained in accordance with generally accepted accounting principles. (d) To formulate annual budgets for both corporations and to implement a level of fees, assessments, and charges which are sufficient to meet the current financial obligations of the companies and to produce replacement reserves for anticipated capital needs. � To install an automated, computer based accounting and Pinangiea reporting system. (f) To forthwith ascertain current state of delinquent accounts and assessments, and take the proper steps to collect any delinquent fees and charges. (g) To comply with the Articles of Incorporation and Bylaws of each corporation, including the holding of monthly Board meetings. - (h) To take all steps necessary for the companies to be in full compliance with the rules and regulations of the Virginia State Corporation Commission and the Department of Environmental Quality. (i) To implement an appropriate management structure for the companies. 2 • Reference A (j) To undertake a review of the capital facilities for which the Companies are responsible and to establish appropriate capital replacement funds. (k) To implement a proper orientation program for new board members and officers informing them about their responsibilities as corporate board members and officers. 6. The parties are hereby required to produce at such dates and places as may be directed by the Commissioner in Chancery all books, contracts, files, reports, and all writings in their custody or under their control relating to any dealings or transactions between them and between them and third parties as related to the issues in this case. The. parties are further ordered to deliver at such place or places as may be directed by the Special Commissioner all property of the Companies. 7. The Commissioner is hereby empowered to examine any of the parties, as well as other witnesses, and shall report the progress of the compliance with the terms of this order on or before the first of each month beginning October 1, 1998. 8. The Special Commissioner shall post a bond with corporate surety incident to this undertaking before the Clerk of this Court in the amount of $100,000.00, and shall not enter upon his duties until the bond has been furnished and approved by the Clerk. The cost of the bond shall initially be paid by the Companies and shall later be assessed as a cost of this proceeding. 9. The Special Commissioner is authorized to employ such accountants, attorneys, and other agents, as may be necessary from time to time to accomplish the purposes of this order, and to take such action as is necessary to enforce the obligations owed to the Companies. However, the Special Commissioner shall not enter any such contract which shall give rise to aggregate charges exceeding $5,000.00 without court approval. 10. The Special Commissioner shall send copies of all his reports to counsel of record in this case, and he shall maintain records as required by law of his actions and state and settle his accounts with the Commissioner of Accounts of this Court. The Commissioner shall also maintain copies of his reports and correspopdence at the offices of the Companies at Lake Holiday where they may be examined'by the members. 11a On confirmation of the final report of the Special Commissioner in Chancery, either party may move for final judgment as determined by the accounting and report of the Special Receiver and Commissioner, and ordering such further relief as may be just under the facts of this case. 3 Reference A In appointing the Special Commissioner in Chancery, it is the intention of the Court that the members and Board of Directors of Lake Holiday Country Club, Inc., and its wholly owned subsidiary, Lake Holiday Estates Utility Company, Inc., be permitted as soon as practicable'to assume full control of all corporate activities, and manage and control the corporations as the Board of Directors and members may deem to be in the best interests of the corporations and its members. If the Commissioner finds -that the members of the corporations, acting by and through their duly elected directors, officers or committees, have not, within a period of four months from the election of the Board of Directors supervised by the Special Commissioner, satisfied the Special commissioner with respect to their progress, he shall.so report to this Court. The Clerk is directed to send a copy of this order to counsel of record. Entered August 26, 1998. E. Wetsel, SEEN: /'ram S en H. Moriar squire C ICK, WASHINGT , OLTERS, MORIARTY & LYNN, P.C. 9990 Lee Highway, Suite 450 Fairfax, VA 22030-1704 Counselor Complainants Rlss4l'A.-"Rowler; -Esqui FOWL , GRIFFIN, COYNE & 29' h B ad ck Street Win st VA 01 ,— re COYNE, P. C. jaed I 'Wk Johnston, TIf , Esqu KUY D�L , JOH#TON, .MCKEE & 112 futh Cameron Street P.O. Box 2760 7nchester, VA 22604 Co -counsel A Charles R. Alton, Es Special Commissioner A Copy Attest: re Frederick County Circuit Court BUTLER, P.L.C. Rebecca P. Ho an Clerk for Respondent 4 T � Reference B VIRGE14U : IN I CIRCUIT COURT OF FREDERICK COUNTY ALAN BLOOMINGDALE, ET AL, Complainants V. LAKE HOLIDAY COUNTRY CLUB, Respondent CHANCERY NO.98-64 This case came before the Court on the supplemental reports of the Special Commissioner, and the Court has decided to amend certain provisions of its September 29, 1998, Order. Upon consideration whereof it appears that an emergency exists because neither Lake Holiday Country Club, Inc., nor Lake Holiday Estates Utilities, Inc., have sufficient funds on hand to pay their past due accounts and current operating expenses. THEREFORE, it is ADJUDGED and ORDERED with respect to LAKE HOLIDAY ESTATES UTILITIES, INC., that: 1. Pending further examination into the condition and capacity of the sewer and water system, no further connections for new sewer and water service are to be made to the system, except those for which the construction process (building permit applied for) began on or before October 1, 1998. 2. The special commissioner shall forthwith prepare and "submit to the State Corporation Commission an application for an emergency rate increase to set a rate for the use of the sewer and water system that is sufficient to pay operating costs, current liabilities, projected expenses for the next year, and to establish such reserves as are necessary to meet the anticipated capital replacement needs of the company. Connection fees for new connections shall also be reviewed, and a proper connection rate shall be set. Reference B 3• The Special Commissioner shall forthwith send a collection letter to all delinquent accounts advising them that if their account is not paid in full within thirty days that it will be referred to an attorney for collection. THEREFORE, it is FURTHER ADJUDGED and ORDERED with respect to LAKE HOLIDAY ESTATES COUNTRY CLUB INC., that: 1• Effective November 1, 1998, and continuing until further court order, the lot owners shall pay a monthly assessment per lot as follows, due on the first day of each month, beginning November 1. 1998: Buildable Lots $114.00 per month Membership Lots $74.00 per month Z• The Special Commissioner shall forthwith send a collection letter to all delinquent accounts advising them that if their account is not paid in full within thirty days that it will be referred to an attorney for collection. 3• The Special Commissioner's authority to contract for new services is increased to an aggregate amount not to exceed $10,000.00. 4• The Special Commissioner's motion is granted to extend the date by which the annual meeting must be held to December 19, 1998. The Special Commissioner shall prepare a notarized proxy form, which may be used for Proxy solicitations, only lot owners who are current in their assessments for the period January 1, 1997 through November 1, 1998, which includes the payment due on November 1 1998, may vote. The Clerk is directed to send a copy of this order to counsel of record, who shall file such objections hereto as deemed advisable within ten days of their receipt of a copy of this order. Endorsement of counsel is dispensed with pursuant to Supreme Court Rule 1:13. Frederick CoPY un ACirc ut Rebecca P. HoganCl rk urt by Deputy Clerk , LAKL.HULIDAY.C.0 15408883549 NOV-02-M THU 05:00 Pr, i CHANICK,WASH I�.GTQV FAX t� 3 352 02_ kference VIRGINIA : IN THE CIRCUIT COURT OF FREDERICK COUNTY ALAN BLOOMINGDALE, ET AL, Complalnents v, LAKE HOLIDAY COUNTRY CLUB, Respondent CHANCERY NO, 98 - 64 This case came before the Court on October 31, 2000, on the Respondent's Objections and Requests for Cleriflcotion of this Court's October 10, 2000, Ordar, The following $ppeared: Charles R. Alton, Special Commisslonar; Stephen H. Moriarty, counsel for Lake Holiday Country Club; and numerous interested parties. Upon consideration whereof, it is ADJUDGED AND ORDERED that: 1, The effect of the October 10, 2000, Order Reducing Membership Foes on Lots with Sewer Available but No flesidence on the Lot Is SUSPENDED PENDING FURTHER COURT ORDER. 2. On or before November 21, 2000, the Respondent Shall submit a plan for the earmarking in a ceparate trust fund of the $326.00 difference In In dues 1$600.00 - $275.00) to be used for the expansion of the sewer system to serve the lots with sewer but without houses, and committing to spend in amount of up to $416,325,00 on the expansion of the sewer capacity in 2001, which is the amount of the dues difference for the years 1999 - 2001 1427 lots x $325,00 x 3 — $416,323). 3. On or before November 21, 2000, the Respondent shell submit a plan for the crediting of the $60.00 per quarter sewer payments to the Utility Corwrty aga!nst the future connectlon fees. The Clerk Is directed to send a copy of this order to counsel of record, who shall file such objections hereto as deemed adviiabie within ten days of their receipt Of a copy of this order. endorsement Is dispensed with pursuant to Suprome Court Rule 11,13. Entered Ocipber 11, 2000. hn E Wetsel, Jr., dge A COPY &"°tl' ,� Finis?rt,^� CUG��1y �I(Cd!t Ccu�t Arr�rra C licga�, Ge'k Reference D VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY ALAN BLOOMINGDALE, et al., } Complainants, ) ) V. ) Chancery No. 98-64 LAKE HOLIDAY COUNTRY ) CLUB, INC., ) Respondent. ) ORDER DIRECTING COMPLIANCE WITH BOARD RESOLUTIONS THIS MATTER having come before this Court during the term of Court -ordered supervision and appointment of a Special Receiver, including the particular issue of the appropriate methodology for financing the expansion of the waste water treatment facility in order to meet the needs of those lots with water & sewer availability, which have been subjected to this Court's previous moratorium on building, and the Boards of Directors of Lake Holiday Country Club, Inc., and its subsidiary Lake Holiday Estates Utility Company having resolved and submitted proposed plans to facilitate the necessary expansion, it is hereby DECREED that the Respondent LHCC is hereby ORDERED to comply with the attached Resolutions, No. 2000-6 and 2000-8. �� 2 �/o o I ASK FOR. THIS: Ste a H. Moriarty Cha ick, Washingto Olters, Moriarty & Lynn, P.C. 9990 Lee Highway, Suite 450 Fairfax, Virginia 22030 703-352-1900 Counsel for the Respondent A Copy AtiFsl: Frederick Counfy Circuit Court Rebecca P. No an, C r h ,Q;iy our k Reference D VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COL 47Y ALAN RLOOMINGDALE, et al_, Complainants, ) V. ) } LAKE HOLIDAY COUNTRY ) CLUB, INC., ) Respoti&nt. ) ) Chancery No. 98-64 _ RESPONDENT'S PROPOSED PLAN FOR ASSOCIATION ASSRSSMEIV'T ANI) UTILITY FEE SEGREGATION AND USE FOR WATER & SEAR EXPANSION COMES NOW the Respondent, Lake Holiday Co 1ntry- Club ("LHCC"), by counsel, and hereby submits its proposed plan for the earmarking of certain designated association Innual assessments and utilir> > y fces for the p,11pose of extendi-ig the waste water treatment faciiitY (jh'�NTF") capacit;•, and in support thereof states as follow;: I. This Court has heard testimony and reviewed evidence regarding the financial needs of LHCC. In addition this Court the proposed expansion of tl•.e ti%W TF capacity so that the 42has 7lotsits � teres infurthering now have water & sewer service available, bur which cannot be co;tne Within L the s stem due to the limited capacity of the V W CC Which [�, may be developed. y This Court issued an Order on October 31, 2000; b which i a LHCC submit a plan which would entail LHCCs method of "e , narki t directs a than for use in the expansion of the WTVTF, In addition this Court directe-,i that' Ca mplan was submitted which addressed the need to give credit to those 427lot bE sewer l�aymonts (presently being madowners for quarter e) toward future connechon fees. y 3. The Boards of Directors of LHCC and the Lake Holiday Estates Uti1;t Company (" 11-tEUC-•) have resolved to comply with these directives and herebysib y their plan. Attached to this mEmorandum are two board resolutions- ExIdbit nut the resolution of the LHCC Board and Exhibit 13 is that of the LHEUC Board. The resolutions .are identical, but are executed by the two respective boards of directors, 4. By way of these resolutions the Boards of directors have evidenced theirplans to implement this Court's directives within LHCC shall nlaitltthe fra•ne��•ork of their management structure, ain a Segregated account to be managed by CFN4, its professional ! References Property management company, for the ur (now at S325.00 per year per '"moratorum Iot of separating the assessment differential p�Iyment for the expanded V1ryV�-r ) and the eventual use thereof toward runds for this purpose during 2001. The l account shall e -resolution commits e rent HCC to expendil,g these to continue to expand the WWTF h-1 order to meet the needs ordemands oined so imor necessary as lot owners. LI^-[CC anticipates that alternative methods may be available to financemoratorium expansion needs after 2U01, but in no event will the account be closed unless or until such Other methods overcome the needs for this segregated account. _ h o' The LHEUC has similarly committed itself to setting aside the $60.0 quarterly charge made to moratorium Iot 0,Aners, those e maintenance of water & sewer lines serving the moratorium Lots These chart es ed to the be considered potential credl�s against future connection fees on such lots. shall also potential" credits because, as this Court observed on October 37, once supply They are & sewer capacity for moratorium lots) exceeds derr,a� d PP Y { u water upon those lots) there is no longer an ine uit �Y owners interestEd in building Y q yin the quarterly charges, real or perceived. THEREFORE, LHCC respectfully requests this Court to end orse the resolutions of it and the LHEUC by way of an order compiianre with these of this Court, binding I.HCC and LHEli Resolutions as executed. C to g5t�pp Ti. Moriarty ick, Washin on tern, Moriarty & Lynn, P ' 9990 Lee Highw'ay, Suite 450 Fairfax, Virginia 22-030 703,3321900 LAKE HOLID.yY COUNTRY CLUB, By Counsel Counsel for Lake Holiday Country Club Page 2 of 3 Reference D CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing was sent by overnight mail to: The Honorable John E. Wetsel, jr, Circuit Court for the County of Frederick 5 N. Kent Street Winchester, Virginia 22601 and by first class mail to: Charles P. Alton, Special Cocnniissioner J1 W. Boscawen Street Winchester, Virginia 2W, this ?0'" day of November, 2000. Page 3 of 3 Ste thn . Moriarty Reference D Exhibit A Reference D p RESOLUTION OF THE BOARDS OF DIRECTORS OF LA1M HOLIDAY COUNTRY CLUB, INC. NOVE14BER 149 2000 RESOLUTION 2000.8 The $oar;! of Directors of Lake Holiday, Country Club, Inc. ("LHCC") having special session and in conjunction with the Board of Directors of Lake Holiday company ("LfiEUC") for the u tog met in Purpose the .nb and resolving the issues rela cdato tj7tes ettltty financing of the nct:dcd expansion of the µ�lstc water trcst Ofthese matturs having becn ment facilit held, y, and a public discussion 1T 1S HFRE13Y RESOLVED, that a. Ll•iCC shall dedicate an amoiz assessments, incurred by oumc S f wat cr representing that portion lots je the annu ;l ordered morat+.)rium (the "moratorium lots''); Which egttaibte the difference the court annual 2sscssment levied upor, those lots with water & sewer available and th CCn the without. At presCnt there are �27 moratorium lots (ln 1999 ar.d 2000 this amo $325.00 per afTccted lot) e un' was b, LHCC's professional management com the funds described ,r pan}, Cf �1 shy(( create a se�regstcd account for paragraph (a). C. Toe funds placed fn this accounts}1a'I be used for the Waste wAtur treatment facility and no other. ,�urposcs related to expanding the d. The segregation of this dedicated fats shall continur i 1 future years Mess and until ajual nt(alual 2sseCsments of the moratorium th Js expansion are ,:C1Cd, but in no event Sha1( it ce8se prior to to a of financing this of}eai 2 e. Sincc LNCC shall be responsible for the ;inaneing of the waste water treat txpansior it shall retain supervisory control aver the construction phase of the r treatment facility The dedicated funLJ5 sct aside for Project Facility ex Project potzntial Cxpenditure on the waste waicr treatment i pension ro•ect shall be committed for use in the caanpleting the initial phase Of expansion b 50°,o Ca act Year 2001 for the u Sd 16,325.00. -This figure represents dedicated Ponds Paef ty, and which may Cost r pstoof the your 1999 • QUO (,based upon current calculations � (,.Om aSseSsmrnts charged in 15402sa3549 Reference D s Utility fees ehareed by LHEUc ta, itnd Period be innin paid by, the owners of moratorium lots for the � 8.anuary 1, 1999, shall be considered service connection Pecs. As stated in the LHEUC Resolc,t;on 20Q0.1 , potential credits against future being set asfdc in a segregated account in the amount of';240 . th�sc ices are event of the transfer of ownership of an, atrected tot, cntitl240 per to such arh crlo j In the reside With the ownership oftho lot, 11 h The utility f,"es to Which n ar T P ab ph (g) refers shall be directed for expenditure toward maintenance of the water and sewer lines serving the mora the LH>✓UC Resolution 2000-1. The LHEUC shell maintain these fortis for torium lots in accordance rdance with Pulse until the, building moratorium is litled, this dedicated WE. THE UNDER IGNED D1R£C7'ppS ofthe Lako 1I0liday Country CI hereby adopt this resolution to be efTective immediately t,b, Inc., do DLrtagr ore h / M. Frar;k fietsey Willl.1m Penfield Leis Lang Robert nclaney I-Ouis Ebrisrm,-n Dolores sralth Les Batcs James Dean Stephen Petler b�!tA u'onn 41 --� Ealrllrtt Scctt k.. Y� abstain absent Yes no ahstatn absent �eSJ no abstain absent es no abstain abser_t Ye ' no abstain absent Ro absuz:n absent yes no abstain absent Yes no abstain absent Yes no abstain Absent �Yr�s no at)stairr absent Oft no aI)statrt absent Reference D Exhibit B - .•••..nv�.lUitiY,C.0 • J411lt&Wence D "SOLUTION OF TIRE $O r T OF S OF DMCTORS AEE HOLIDAY ESTATES UTILI TX COMpANy# INC. NOVEM$ER 14. 2000 RESOLIMON 2000-6 The Board of Directors of Lake 1 fol iday CountyClub,Inc,• i.HC special session and in conjunction with the Board of t Y In (. C'') having company ("LHEUC") for the u ors of LA! met in financing of the needed ex P �°SC of discussi ng and resolving the issues rclated$oe tile 'ti lily Of these matters ha��ng be heion ofthe waste water treatment faciiitY, and a public discussion 1T rS �IFREBY RESOLVED, that a, LNCC shall dedicate an amount of monc assessments, incurred b y representing that portion of the It►utual y owners of water & sewer available lots subject to the court Ordered moratorium (the "moratoriu annual ssses5ment levied u rn lots ), which equal to the difference between Lkc Pon those lots with water & sewer available and those �t�ithout. At present there arc 42; moratnryum Lots . (,n 1499 and 2000 • ' S3z}.00 per affected lot.) .his amount was o• I„ICUs professional mana > > , . the funds described in paragraph (a) empany' CEfK, wall Create a se grcbated account For C. The funds placed in this account shall bo used for the pu oses waste water treatment raci'ity and no other. related to expanding th; d. The=egregatioa of this dedicated lots shall continue in future portion of Ut a annual $-sesstnents of the moratorium expansion are effected, out in nos vent s and Until alternat:vC event shall it cease prior to the y�ad'�0f'inaneing this c Singe [.IICC shall be responsible for the financfng of the uFervisory ccntrol over the const�ct on phase of cite p ojcctry f The dcdicat4d funds set aside For Potential ex —~ facility expar ion project shall bep ommaled far ate in the e on the waste water treatment completing the initial phase of cx any; o S416,32gure re res F on by SO /o Capacity, and v,h0ieh rltay cfor the ot UP t of 3.OU. This ti the ,.,ar 1999.200 1, based P cots ded""ed funds &rising tiom ass p e Pon current catculatiors. t:SS1T1r:nl5 charged in P.p_ -' • -vim A AJ Fi If, r r r_ E • 't4Q8e3549 ReTerence D p • az 81 Utility fees charged by LI'EUC to, and Period beginn'ng lanua 11999 Paid by, the owners of moratorium ?cis for the serYicc connection feesAsstat� shall be considered potential credits a set aaiCe in a Seb'rei;ated account�in the amourtn tIc ro RS lu6"'Zp t. t against future, ing t ' transfer of ownership of Ott a it'ccted lot, entitlement it tf�c ownership of'the rot. 7 per scar per (ot, 1n�nr. of nt to such credit shall reside with .� h. The utility fees to whichParagraph ara rah - maintenanee of the weter s P ��� refers shall oc directed far ex •i,dirure towa� nd s wee fines serving the moratorium lot accordance with the L�EUC Resolution Zppp.�Thc LIME Purpas`O�until-the buildin UC shall rnaintair, these funds for this dedicated L moratorium is lifted. VVF-+ THE UNDERSIGNED DWCT Company, InC., do hereby adopt this rc5clution be effacer H Lake Holiday Estaics Utility Cdiate(y. na r V s Frank Rentz r- — �~~`� abstain absent �n Charles Brewer abstain absent Alan Qu^r r/�� v. / lJ— `---�-� Yew no abstain absent Jim Stukal abstain absent Caleb Hall Yes no abstain absent Reference D VIRGINIA. IN THE CIRCUIT COURT OF FREDERICK COU,,\ny ALAN BLOOMINGDALE, et al., ) Complainants, V. ) LAKE HOLIDAY COL-NTRy CLUB, INC., Respondent. Chancery No. 98-64 ORDER DIRECTING COMPLI. ACE WITH BOARD RESOLUTIONS THIS MATTER having come before this Court dunng the term of Court -ordered supervision and appointment of a Special Receiver, including the pa:-ticular issue of the appropriate methodology for financing the expansion of ' in order to meet the needs of those lots with water & seweravailability, which have been, subjcc ted to this Court's previous moratorium on building, and the Boards of Directors of Lake Holiday Country Cub, Lic., and its subsidiary Lake Holiday Estates Utility Compare having resolved and submitted proposed plans to facil hereby itate the necessary expansion, it is DECREED that the Respondent LHCC is hereby ORDERED to c attached Resolutions, No. 2i;00-6 and 2000-5. imply with the I AW FOR THIS - John E. Wetsel, Jr., Judge Ste e H. Moriarty Cra pick, Washingto , Otters, Moriarty & Lvnn, p C 9990 Lee Highway, Suite 450 Fairfax, Virginia 22030 7(13-352-1900 Counsel for the Respondent Lake Holiday Country Club, Inc* Reference E 231 Redland Road Cross Junction, Virginia 22626 April 2, 2001 The Honorable John E. Wetsel, Jr. Circuit Court for the County of Frederick 5 N. Kent Street Winchester, VA 22601 Dear Judge Wetsel COPY Re: Lake Holiday Country Club - Utility System Improvements (Bloomingdale, et aL, v. LHCC, Ch. 98-64) This letter serves to define progress towards expansion of the Wastewater Treatment Plant here at Lake Holiday Country Club. During October 2000, the Lake Holiday Estates Utility Company Board of Directors issued an engineering Request for Proposal and subsequently engaged Bushman Engineering to develop options for the engineering design of the Wastewater Treatment Plant expansion. During March 2001, Mr. Bushman reviewed five (5) preliminary engineering designs with both Boards. Both the Lake Holiday Estates Utility Company Board and the Lake Holiday Country Club Board subsequently approved one of the options. The model chosen is an 80,000 gallon per day extended aeration expansion to the existing plant which is designed to serve an additional 277 homes. The cost of this expansion is estimated to be between $310,000 to $320,000. Bushman Engineering has defined a timeline that should move us to issuing construction Requests for Proposals by May with construction beginning in July 2001. Our goal, as developed in collaboration with Bushman Engineering, is for the expansion to be approved by the Department of Environmental Quality and on-line no later than January 2002. We are funding this project through a combination of cash reserves ($138,775) and a Special Assessment to property owners with homes ($181,225). This Special Assessment will be payable by these property owners in three quarterly installments of $108.26 per quarter. As part of our Strategic Planning efforts and dialogue with Bushman Engineering, we have identified that an additional 80,000 gallon per day unit can be added to the above mentioned initial expansion. This subsequent expansion will serve an additional 277 homes. Through our Strategic Planning Team and interaction of both Boards, we will stage this additional expansion based on the actual building of homes in the Summit. When both phases of the WWTP expansion are completed, the existing WWTP will be capable of serving a total of over 1,100 homes, more than adequate to serve the 985 lots with water and sewer availability. We are pleased to provide you with this update and anticipate writing a letter to you every quarter this year to advise you of our progress. At some point during the last quarter of 2001 we anticipate requesting the court to lift the building moratorium. Please contact us should you have any questions related to this information. Sinc rel , T�+ ( M. k Heisey Charles F. Brewer President Acting President Lake Holiday Country Club Lake Holiday Estates Utility Company CC: Stephen Moriarty LHCC and LHEUC Boards of Directors 0 to FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 17, 2002 Bushman Engineering, PC 12335 Back Road Toms Brook, VA 22660 RE: VARIANCE #01-02 OF LAKE HOLIDAY ESTATES UTILITY COMPANY Dear Mr. Bushman: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on January 15, 2002. This approval was for variances of the 600' buffer requirement as follows: 593' from the northeast property line; 530' from the west property line; 550' from the south property line; 590' from the east property line; and 560' from the northern property line. The .96-acre site is located in the "Summit at Lake Holiday" near Cross Junction on the south end of Lakeview Drive, 0.1 miles southeast of the intersections of Holiday Road and Lakeview Drive; and is identified with Property Identification Number 18-A-28E in the Gainesboro Magisterial District. If you have any questions regarding these actions, please feel free to call this office. Sincerely, 40 d r,XCJ Rebecca A. Ragsdale Planner I I` ."S A- 10 cc: Building Inspections Jane Anderson, Real Estate O.\Agendas\BZA\APPR_DEN .LTR\Lake Holiday Est.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 LOCATION: This lot is located in the "Summit at Lake Holiday" near Cross Junction, Virginia. The site is on the south end of Lakeview Drive, 0.1 miles southeast of the intersections of Holiday Road MAGISTERIAL DISTRICT: PROPERTY ID NUMBER: PROPERTY ZONING & USE: Zoned R5 (Residential Recreation Community) District; Land use - Wastewater Treatment Plant ADJOINING PROPERTY ZONING & USE: Zoned R5 (Residential Recreation Community) District and RA (Rural Areas) District; Land use -Residential, agricultural, and utility. VARIANCE: The applicant is requesting variances of the 600' buffer requirement for sewage treatment facilities: 593' from the northeast property line, 530' from the west property line, 550' from the south property line, 590' from the east property line and 560' from the north property line. REASON FOR VARIANCE: Size and shape of the lot; also, please see attachment after page 2 of application for additional comments. STAFF COMMENTS: The Frederick County Zoning Ordinance, Section 165-46(B), requires a minimum buffer of 600 feet on parcels containing sewage treatment facilities adjacent to residences or properties zoned RP (Residential Performance), R5 (Residential Recreation Community), R4 (Residential Planned Community), or MH1 (Mobile Homo Community). Such buffers should be from the facility. to the property boundary line of adjacent properties so zoned or containing residences. Adjacent properties to the Summit Waste Water Treatment Plant are zone R5 and RA and contain residences. The waste water treatment facility at Lake Holiday is operating at maximum capacity and is under a court mandate to expand the facility. The facility is located on a .96 acre lot of an irregular shape. Please refer to the attached plan which illustrates the proposed expansion. 0 Lake Holiday Waste Water Treatment Plant Variance #01-02 Page 2 January 8; 2002 The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant's request for a variance meets this criteria as the property's dimensions cannot accommodate the court -mandating expansion of the facility. In addition, granting the variance should not severely alter the character of the district or cause detriment to adjoining properties. The parcel is well buffered by trees. The granting of the requested variance as submitted would be appropriate. O:\Agendas\BZA\Staff Report\2002\Lake Holiday Utility.wpd v r.l HETLAND 18 A 29 LHCC RA I 18 A 28B BLUE RIDGE R5 M H PARK, INC 18A01 14 1 LAKE HOLIDA R5 ESTATES LHCC UTILITY CO 18 A 28B 18 A 28E R5 R5 BAYLISS 18N� 31 B 30 LHCC BAYLISS 18 AR5 28D 18A01 R5 29� JOHNSON�h ALDoNAS 18AO1 31 B 1 18A01 31 B 2A R5 O O� R5 e . �r0 BAYLISS 18AWF;` l B 28 �a BAYLISS 18A01 31 B 19 R5 TOONE 18A01 31 B 17 R5 BROWN PAGE 18A01 31 B 18 18A01 31 B 16 R5 LHCC R5 18 A 28D R5 } 1Im f 18 A 28J VAR ##01-02 Location Map For: Lake Hol i day Estates utility Co. Water/Sewer Expansior PIN: 18-A-28 0 a Page I of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA tiEC GIVcr�/ rr�l Ev 1. The applicant is the owner X other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Gake 11.11fda IrS/2 /__S NAME: 61f11t t-y �Go , ADDRESS 23/ 9cWZP_,4d Xd. ADDRESS: CroS 5 fv �+G �l•�N, i�� Z Z 6 Z,S' TELEPHONE : Ss/o- 1568 3 ZZ6 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): /n the _Svrs�.y,. f a L a �� /.ds-y • �c%c%yo.�� .�<2.� C/�Ss !/NG �lOH /H �i�i�U�✓/GlG LOlilr�f mil. �� .S/ �iC .CS �N �J.44 L7 kc.wew 23_1! e . !, / /1,ii. S. �� e !e /-I lYr,f cc_flo-" All 4. The property has a road frontage of 2 5/ / feet and a depth of y4Z / feet and consists of co,96 acres. (please be exact) 5. The property is owned by Z., cam /+'alio%y 16�;_�j�S U1_i/*Ay Co, as evidenced by deed from L�kc /�o/,�,%,, �s���cs1- recorded (previous owner) in deed book no. 4/0y on page 3 yg of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. M ft Page 2 of 5 6. Magisterial District: 6:J1;Lt/00ra 7. 14-Digit Property Identification No.: /$ -,4 - Z 13 4 8. The existing zoning of the property is: /CJr 9 . The existing use of the property is: l,Ji✓d� /rC2 �i.-ie...� �� 10. Adjoining Property: II$E ZONING North, East South West .®� r' Uri /,•fs, i2/9 F R 5- 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") 593' da-Ale, dd ✓iZrecf /r' 4nq,ti2!� 1 ^r . Sao' doele✓ ddir�.,,cc SSD' ,Q✓/�i�Cr tJd//e?NG�G ��' Tit G s dro.oCr� �iA�. S9o' Qdf�r.� vd //a•�cc �ar �hG � .�%�.fl�i�_ 1i.T� . .SGO �dIdKe,. ad CC %»r f-ite /V�re.+ 12. List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape of property, or - exceptional topographic conditions or other extraordinary situation or condition of property, or - the use or development of property immediately adjacent thereto ��t: �/�G moo' � /7dDr c o F moils .droofi� �.��✓�-I�s i7c /''owl �11C�/�'!ti %i7t 6�0' /��✓�fr /�'COJ/rlrt�l�H� tiECEIVEII 13. Additional comments, if any .S« a#Jch.•yew7t DEC 1 9 7001 L-7 paps 3 of S 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: NAME Lakes Address 23/ C•-ass !/� ZL6zr Property ID# 19 - A - Z 8S NAME La h/ /. i✓a 5e 4,�- e5y� Address Q / ,eeV/aao/ ,ea/. Cross Jaw o on v� ZZ6 Z.r- PropertyID# Address 3 Z / C,J<e,4&,., VA 2Z6Z S Property ID# /8 - ,4- 2 9 NAME PropertyiD IM13 Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address A. Posc✓, W�Hc/i�frf-- VA 2z6oZ Address /�//y Le/rsf'2 ✓eofg VX9 Z Z/ 8Z Address Address Address Address Address DEL -I i-2©01 04:53 PI`1 B-79NN ENGINEEF'ING 54:3� F'.k16 pw3d3 AGREEMENT VARIANCE M I (wen the undersigned, do hereby re`poctfUlly make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by- the BZA. I anlaize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the ftont property line at, leant sem (7) days prior to the BZA public hearing and maintained so u to be visible from the road or right-of-way until the hearing. I hereby catitjr that all of du statements and information contained herein are, to the best of my knowledge, true. i� � SIGNATURE OF APPLICANT DATE Z � O ' SRC 5. Lf�EL� �- SIGNATURE OF OWNER / DATE 17 0 (if other than applicant) L WC 61� BZA PUBLIC HEARING OF f l J _ Q �-� AG"I'ION: . DATE- V APPROVAL DENIAL DATE, — 19— 0 Z Lake Holiday Estates Utility Co. Frederick County Variance Request Additional Comments Attaclunent The Lake Holiday Estates Utility Co. operates the Summit Sewage Treatment Plant (STP), which was constructed to serve the Summit development in northwest Frederick County near Cross Junction. The STP went into operation in the early 1970's with a treatment capacity of 160,000 gallons per day. The plant is currently operating at its maximum capacity and Lake Holiday is under a court -imposed mandate to expand the treatment capacity of the STP. The original STP design calls for the STP to be expanded to an ultimate capacity of 320,000 per day by adding two additional treatment units in parallel to the existing duplex system. The first phase design to increase the capacity of the STP to 240,000 gallons per day has been approved by the Virginia Department of Health and Lake Holiday is ready to begin the installation process. This is a necessary step to satisfy the court ordered expansion and lift the present moratorium on new home construction at The Summit. December 2, 2001 Mr. Evan Wyatt Director of Planning Frederick County 107 N. Kent Street Winchester, Virginia 22601 Re: Summit WWTP Expansion Dear Evan, Enclosed are two copies of the site plan for the expansion of the Summit WWTP at Lake Holiday in Frederick County. I am submitting this to you so that you can determine if the proposed work - will require formal site plan approval from Frederick County. The work is being carried out as a joint effort by the Lake Holiday Estates Utility Company and the Lake Holiday Country Club. The work consists of installing a third in ground 80,000 gallon per day package steel WWTP that will increase the total treatment capacity of the WW'IP to 240,000 gpd from the current 160,000 gpd. There will also be a new in ground chlorine contact tank installed. The only above ground construction that is proposed is a cover over the existing sludge drying beds. This part of the project will not be performed at this time but must be constructed within the next 2-year period. I hope this information will allow you to make your assessment of the situation. However, if you have any questions or need additional information, please give me a call. Sincerely, Bushman Engineering, pc David L. Bushman, P.E. cc: Bill Lemeshewsky, Lake Holiday Country Club rul John Shields, General Manager, Lake Holiday Utility Co. DEC 0 5 2007 "PT OF PLANNING/0FROPKV BUSHMAN ENGINEERING, PC 12335 BACK ROAD, TOMS BROOK, VIRGINIA 22660 PHONE: 540-436-8332 Fax: 540-436-0237 email: dbushman@shentel.net Transmittal To: Rebecca Ragsdale, Frederick County Planning and Development From: David L. Bushman CC: Date: 12/21 /2001 Re: Lake Holiday Variance Item Copy Variance Application Drawing Comments: Rebecca, These are extra copies you requested. I hope you have a nice holiday. David Quanti 20 kecl SEC 2 6 `�00'i "°� OF PI.ANMNGin�VF.I.Op�^c� BUSHMAN ENGINEERING, PC 12335 BACK ROAD, TOMS BROOK, VIRGINIA 22660 PHoNE: 540-436-8332 Fax: 540-436-9237 email: dbushman@shentel.net Dec 11 01 09:46a VDH-DDW Lexington 11// VH VIRGINM • j DEFIIRTAtt�T . pf of HEALTH JOHN C. SCHOFIE1,D, P.E. ENViRONmENTAL_ ENGINEER %VE5TERN AREA —Y VIRGINIA DEPART M.ENT OF HEALTH OFFICE Of EN'aI RONMENTAL HEALTH SERVICES OFFICE: l540 1463.1642 D DIVISION OF WASTEWATER ENGINeeasw HO.E: t5401463.5420 ROC%GR1JGE SOVARE S..OPP N(. CENTER FAx: 15401 463.3892 131 WALKER STREET PAGER 1540) ASZ0795 LEXINGTON, v1ptc N1A 24450 E-MAIL'. jscho5eTd Mvdh.sIa%e.va.US Fax To: 21-r," 540-463-3892 P.1 }1—© M!4 st�wai+er - From: John Schofield Fax: Pages: Phone: Date: Re: CC; 0 Urgent ❑ For Review ❑ Please Comment O Please Reply O Please Recycle * Commentsi % L% Z � I %Q1 3'6 Dec 11 01 09:4Ga VDH-DDW Lexington 540-4G3-3892 p.2 • 23.00 SEWAGE TREATMENT WORKS Sewage treatment plants should be designed to provide waste treatment for the tributary flows from the estimated popu- lation ten years hence or as required by any applicable State or Federal requirements. 23.01 PLANT LOCATION 23.01.01 General A sewage treatment plant site shall be located as far as practicable from any existing built-up commercial or residential area or any area which will probably be built up within the design life of the plant. The plant site shall be protected by a buffer zone, located to avoid flooding, provided with year-round access and provided with ample area for any foreseeable future expansion. 23.01.02 Buffer Zones a. All new primary and secondary sewage treatment units shall provide the minimum buffer zones as shown in Table 1 unless they qualify for reduced requirements as provided in 23.01.02b. Buffer zones for AWT units will be established on a case -by -case basis considering the type of process. Buffer zones are areas of con- trolled or limited use. Within buffer zones, residential uses or high density human ac- tivities or activities i ' food prepa- r iced. The extent of the buffer zone perimeter is measured from the treatment �t �v Units. ti b. The Board and the Department shall consider reduction of up to one-half of the above listed buffer zone requirements based on topo- r) ,eC? `� graphy, prevailing wind directions, provision of covered units or the inclusion of an �1 effective windbreak in the overall plant design. J 1 1. The prevailing wind direction should be de- termined by on -site data. Local weather station records may be utilized if they are demonstrated to be applicable. Attention should be paid to both moderate 74 Dec 11 01 09:47a VDH-DDW Lexington 540-4G3-3892 p.4 and high speed winds since the high velo- city winds often have a prevailing direc- tion different from the Prevailinq direr tion of moderate winds. 2. A windbreak should be located on both sides of the plant normal to a line projected through the plant and the area which is to be protected, as close to the plant as practicable. An effective windbreak may be comprised of man-made or natural bar- riers which extend from the ground surface to a minimum height of 16 feet. A culti- vated tree windbreak may be developed by planting at least four rows of fast growing evergreen trees (Fine family preferred), planted on staggered 10-feet centers. Rows should be spaced no greater than 16 feet apart. The variety of tree used should be ready adaptable to the soil and climate at the plant site. 3. Treatment units may be covered. Covered units shall be provided with screened in- take openings and positive forced draft ventilation and should have provisions for removal of aerosols and odors from the exhaust, c. Existing or upgrading sewage treatment plants shall take whatever steps possible to provide as much of the required buffer as is reasonably possible under the specific existing conditions at each plant site. Wherever a demonstrated nuisance problem does exist, corrective action (windbreaks or deodorant spraying, for example) shall be undertaken. d. The required buffer zone snall be maintained by adequate legal instruments throughout the life of the plant. e. The Board and the Department shall consider exceptions to the above listed buffer zone requirements in accordance with Section 2.13.02. 23.01.03 Flood Protection The plant's operational components shall be located at an elevation which is not subject to the 100- year flood/wave action or shall otherwise be 76 ORIGINAL • W— O 22 L7 Z aP r • TABLE I BUFFER ZONE REQUIREMENTS FOR PRIMARY AND SECONDARY SEWAGE: TREATMENT UNITS Units Totally Enclosedl Units Using Turbulent, 2 Induced Units Using Slowly Mixed or Aeration or Mixing uiescent Systems _i3 Plant Size Buffer Zone Plant Size Buffer Zone Plant Size (Buffer Zone Required Required Required 1,000 gpd and Mess None 40,000 gpd and less 300 feet./ 40,000 gpd and less 200 feet Greater than 1,000 gpd 100 feet 500,000 '- gpd :>40,000 400 feet 500,000 3- gnd>40,00 300 feet Greater than 500,000 gpd 600 feet Greater than 500,000 400 feet gpd 1For example, package plant 2For example, activated sludge, 3For example, rotating bio- inside building aerated lagoon, spray irrigation logical contactors, trickling filters, stabilization ;ponds, land application or perco- lation evaporation systems L t� Declaration of Interest The undersigned, a member of the Board of Zoning Appeals of Frederick County, Virginia, pursuant to Sections 2.1-639-11 A. 2. and 2.1-639-14 G., Code of Virginia, does hereby declare his interest in Variance No. i j:^ before the Board of Zoning of Appeals, as follows: 1. The transaction involved is the application for variance in Variance No. 2. The nature of the undersigned's personal interest affected is a 33-1/3% fin/, P , Vw V VG may' 45 ownership in 5c,-�-m LLC, which owns a lot; n the Summit. 3.' The limited liability company in which the undersigned has an ownership interest may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the action Board of Zoning Appeals on the variance application. 4. The undersigned is able to participate in the consideration of the variance request fairly, objectively, and in the public interest. Dated this I L- 11 ' day of January, 2002. RECEIVED �l� � xA .lames R. Larrick, Jr. JAN 14 2002 DEPT. OF PLANNING/DEVELOPMENT Lake Holiday VWVTIP 9 ResidencesStruct18.shp Parcel BoundariesSection18.shp N 0 E ;A() 0 • MASSM AMS SNARR ATTOAMM AT LAM 1AMCNESTCR. VING MBA #540 LAKE HOLIDAY ESTATES, INC. TO: DEED LAKE HOLIDAY ESTATES UTILITY COMPANY r,1 404 �w 348 THIS DEED, made and dated this day of September, 1972, by and between Lake Holiday Estates, Inc., a Virginia corporation, party of the first part hereinafter called the Grantor, and Lake Holiday Estates Utility Company, party of the second part hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable considerations, receipt of all of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell a'nd convey, with general warranty of title, unto the Grantee in fee simple, all of that certain lot or parcel of land containing 41,825 square feet, more or less, as shown on the plat, plan and survey description .of Janies-C. Wilkins, Certified Land Surveyor, dated May 2, 1972, and attached hereto and asked to be read.as a part hereof, said land to be used for a sewage treatment plant. This is part of a larger tract or parcel of land that was con- veyed.to Lake Holiday Estates, Inc. by deed of Lake Holiday Associates dated August 11, 1972, and of record in the Clerk's Office of the_ Circuit Court of Frederick County, Virginia, in Deeo Book 395, Page 73, to which reference is hereby made for a more particular description of the land hereby conveyed. The Grantor covenants that it has the right to convey the within described property; that the same is free of all liens and encumbrances except as set forth above and as may appear in the chain of title; and that the Grantor will warrant 0 1 0 349 40•4 iAJ; 345 generally the title thereto and defend the same except as set forth above. Given under our hands and seals the first date herein set forth: •. ORPORATE SEAL) '�P.:C NEST: ......... ••a•ir .•.o ssaan P •.ra -r a, iI •.:•'I:11 .. YOP.0 II II I LAKE HOLIDAY ESTATES, INC. By President Secretary STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: r a Notary Public in v and for the State and County aforesaid, do hereby certify that Lon Harold Moss and Joseph A. Massie, Jr., President and Secretar respectively of Lake Holiday Estates, Inc., whose names are signed to the foregoing deed bearing date the day of September, 1972, have acknowledged the some before me in my State and County aforesaid. Given under my hand this ; _day of September, 1972. My commission expires_ r. - 2 - Notary Public P,itCF. 404 r.._r. �3. Q S 83013'E 110 00' sveo 0 99, F {u 3 R J 41,a25 SCALF 1 " 100' DATE MAY 2 , 1972 ALL CJkNE43 AN 14,;N iINn SET N83013-W S 49'47'W 67,00 37.16' S06047W N83-13'W 40.U0- 78.29' ez&. THE SUMMIT AT LAKE HOLIDAY PLAT OF SEWAGE TREATMENT PLANT LOCATION GAINESBORO DISTRICT, FREOERICK CO., VIRCiINIA 9 C'L F t� • iJ -h. ,.1 • .,. ., rlr grr. \•111 t •.i•i• .,, .. T +,Inrl• ..i •` Ln. r?_Q.j ., .•i�r I r 'I. 1•Ir .. .i.i. ,�hr..r• J•';.fi ;-• G/Prl`•r'jr•l :•i :'!�. •,'1..� .. } +/I`li'. !' 'i ' ', .�: •1hJ,. [ •, :�•« ,. t :,,,� t L01:. :y ., t• . ,-. I ,,, i i.,•'•1 thn•rr.• .. "n ' i ,rn ho hn ro:., rr, ,�. '+nr !'n; .. r. jr�,. . .., r ,,:,• • I, ,.., r nr .,u r . I .. `/ li ai" ?�• "ac,/ ' R i•n: ..� , ., or•, 7 r L: , .. nri••c. «i1 jr, I!rn •h , [ r,� , ,• ^A nn nn• • 't.. ... ., � r - � .• ... , _ ., •fir � ": - r •r,. •�'� �� n •1'Ir ter•„ '� `^ :.r!, ,•.^rri .,++h .ht, .,,rt :,: r' r rh•'. •i r , . .� r,.l •,- ,.1� 1['rl L. 7n 1.• n7 ,'tc- ,r 'r. •1 I ,'[�� .1 rl, .'' r.a c. •+ n _� .. •Ir rl' '.?' ,r. rpr;' /.,•,� n «..o c.. co F., r+C r' „rrt. n r7- % (,• VIRa111ftA FREDMICK COUNTY, SCT. Th' in trument o riting was produ o me on the M ay of 19 , at ,r / / I and with certificate of acknotvl,, out thereto annexed was admittgd to record. Tax imposed y Sac. 88-54.1 of $ L , � _ , and 58-54 have been paid, if assessable. l,11►,S C. V•,IL;;I"!S -------------- �! n 54-11-3 (:•; 7?s 03 �' • \.I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 January 2, 2002 PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE #01-02 OF LAKE HOLIDAY UTILITY COMPANY On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 15, 2002, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider Variance #01-02, Lake Holiday Utility Company, submitted by Bushman Engineering, PC requesting variances of the 600' buffer requirement as follows: 593' from the northeast property line; 530' from the west property line; 550' from the south property line; 590' from the east property line; and 560' from the northern property line. The .96-acre site is located in the "Summit at Lake Holiday" near Cross Junction on the south end of Lakeview Drive, 0.1 miles southeast of the intersections of Holiday Road and Lakeview Drive; and is identified with Property Identification Number 18-A-28E in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, (Ita Rebecca A. Ragsdale Planner I RAR/ch 0:\Agendas\BZA\ADJ0INER\2001 Adj\Lake Holiday.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on ` 1-9 -- Q �_�— from the Department of Planning and Development, Frederick County, Virginia: 64B - 1- - 4- -18 - A- - 28-E ZIVIELLO, JANET G LAKE HOLIDAY ESTATES UTILITY CO 5 W GATE LN 231 REDLAND RD SETAUKET LONG ISLAND, N.Y. 11733.1621 CROSS JUNCTION, VA 22625.2232 18 -A- - 28-B - -- LAKE HOLIDAY COUNTRY CLUB 231 REDLAND RD CROSS JUNCTION, VA - - 18 - A- - 29- - HETLAND, DANIEL B & JILL 321 WHITE PINE PL CROSS JUNCTION, VA 18A01.3-1B- 29- BAYLISS, DONALD L 457 BACK MOUNTAIN RD WINCHESTER, VA 22625.2232 22625.2475 22602-1619 L. d (.�l R becca A. Rags le, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, ME MI I I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for the De artment of Planning and Development, whose name is signed to the foregoing, dated Q. , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires onm bij Jaw __-8 0Qco NO ARY PUBLIC �" 0 rI"o no e� 01 . Oa TO: Barbara in Data Processing `J` FROM: Carol Huffelts lanning Department Whe hol �d E�hfc�PPlease print of labels by: THANK YOUI! 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: NAME Lake- /loilda Address 23/ Reello-w l eol. Grass ,TvNe-lro.y. /%Iq ZL6LS—' Property ID# A - 2 8,6- NAME Zg ht e- Address Z3/ XeW1aaa/ A✓*I e, V J ZZ6 Z.- Property ID# /S -14 - 2 9,0 NAME 0.xif e' _ #' T-, S , Ale h(i" ( Address 3 Z/ C,e l iG f3He 0g?,e 60v5s J-vom-7�?6r� V,4 2Z6z S' Property ID# NAME Dona /c/ L �a y /iss Address -,,weltaAs-- V//J ZZ6c )z_ Property ID# NAME ngn2 orc Lots �o Lt K SD a Address /5�/y Le/{sf2 l��rf ✓,Ci,,�a V/1 ZZ/8Z Property ID# /g31W - / Aed X NAME IDS Address --Q� i d unc4en, VIq aa4o S Property ID# db 1 , NAME Address Property. ID# NAME Address Property ID# NAME Address Property ID# h ul Property ID# Address I Smooth Feed Sheets TM , Use template for 5160 64B - 1- - 5- j 64B - 1- - 5- ZIVIELLO, JANET ZIVIELLO, JANET 5 W GATE LN 5 W GATE LN SETAUKET LONG ISLAND, N.Y. 11733.1621 SETAUKET LONG ISLAND, N.Y. 11733.1621 I i J� 18 - A- - 28-D 18 - A- - 28-D LAKE HOLIDAY COUNTRY CLUB LAKE HOLIDAY COUNTRY CLUB 231 REDLAND RD 231 REDLAND RD CROSS JUNCTION, VA 22625-2232 CROSS JUNCTION, VA 22625.2232 18A01-3.113- 1- 18A01.3.1B- 1- JOHNSON, THEODORE L & LOIS E JOHNSON, THEODORE L & LOIS E TRUSTEES TRUSTEES 1414 CELESTA CT 1414 CELESTA CT VIENNA, VA 22182.1602 VIENNA, VA 22182.1602 J I I I i i ,I I I > l l I Address Labels Laser 5160 �� ,�� � � � L '� J (�s�.�-----� _ r �� /J ��/. . �v���`� _., ,_ ,. ,� _. �__�' `� t - __; __.�----�� _ �., _._ i j/(�J x( ��� �/J bv�� t ����� �- - - 5 t �,. Lake Holiday Country Club Cross Junction, Virginia Board of Zoning Appeals January 15, 2002 References M. Frank Heisey, President Reference A r Circuit Court of Frederick County r August 26,1998 Decree Appointing Special Commissioner Reference B .- Circuit Court of Frederick County r October 9,1008 Order Evaluating Condition and Capacity of Water and Sewer Service and Placing Building Moratorium October 0,1098 Reference C -- Circuit Court of Frederick County r October 31, 2000 Order to. - Suspend Order of 10/20/2000 - requiring refunds and credits - Submit a plan for earmarking funds for expansion of the sewer system Reference D Circuit Court of Frederick County - November 22, 2000 Order to Comply with plans submitted r LHCC Resolution 2000--8 and LHEUC Resolution 2000-6 Reference E r Letter to Circuit Court of Frederick County .- April .2, 2001 from President of Lake Holiday Country Club and President of Lake Holiday Estates Utility Company updating the Court on our progress. Reference A VIR GINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY ALAN BLOOMMGDALE, ET AL, Complainants V. LAKE HOLIDAY COUNTRY CLUB, Respondent CHANCERY NO. 98-64 This case came before the Court on 'August 26, 1998, on the Complainants' Petition for Appointment of a Special Receiver for Respondent, Lake Holiday Country Club, Inc. The parties appeared with their counsel, evidence was presented and argued. Based upon the evidence presented, the proffers of counsel, and for other good cause shown, it is ADJUDGED AND ORDERED that Charles R. Alton, Esquire, is hereby appointed a Commissioner in ghlywary In #ri■ oaae, and he shall forthwith undertake the onst 1. To take possession of the assets of Lake Holiday Country Club, Inc., and Lake, Holiday Estates Utility Company, hereinafter the Companies, and is directed to manage and to conserve the companies as a going concern until further order of this court. 2. To schedule and oversee the holding of an annual meeting- by October 31, 1998, of the members of Lake Holiday Country Club, Inc., and Lake Holiday Estates Utility Company, hereinafter the Companies. The proper notice and proxy form, if appropriate, and slate of candidates shall be prepared by the Commissioner with the assistance of counsel for he parties. Nominations shall be permitted from the floor. 3. To hire a management company to either manage or assist in.the management of the Companies until the newly elected board can make an informed decision as to what form the management of the companies will take. Reference -A j 4. To supervise the election of the Board of Directors and officers of the Companies, which election shall take place at the annual meeting. Initially, the boards of the two companies shall be comprised of different persons. 5. Upon election of the new Boards of Directors, to receive evidence that the newly elected Boards of Directors have taken the following action: (a) To hire an independent accountant to audit the financial records of the corporation as required for the period January 1, 1994, through the present time to determine whether any Company funds or assets have been misappropriated or wasted, and if so by whom, and to prepare current financial statements for the companies. (b) To institute generally accepted accounting principles regarding the books and records of the Companies in accordance with the American Institute of Accounting's guidelines for Common Interest Realty Associations and small utility companies. (c), To provide the Commissioner with information sufficient to satisfy the Special Commissioner that all books and records are being maintained in accordance with generally accepted accounting principles. (d) To formulate annual budgets for both corporations and to implement a level of fees, assessments, and charges which are sufficient to meet the current financial obligations of the companies and to produce replacement reserves for anticipated capital needs. (e� To install an automated, computer based accounting and finana a reporting system. (f) To forthwith ascertain current state of delinquent accounts and assessments; and take the proper steps to collect any delinquent fees and charges. (g) To comply with the Articles of Incorporation and Bylaws of each corporation, including the holding of monthly Board meetings. (h) To take all steps necessary for the companies to be in full compliance with the rules and regulations of the Virginia State Corporation Commission and the Department of Environmental Quality. (i) To implement an appropriate management structure for the companies. 2 Reference A i (j) To undertake a review of the capital facilities for which the Companies are responsible and to establish appropriate capital replacement funds. (k) To implement a proper orientation program for new board members and officers informing them about their responsibilities as corporate board members and officers. 6. The parties are hereby required to produce at such dates and places as may be directed by the Commissioner in Chancery all books, contracts, files, reports, and all writings in their custody or under their control relating to any dealings or transactions between them and between them and third parties as related. to the issues in this case. The.parties are further ordered to deliver at such place or places as may be directed by the Special Commissioner all property of the Companies. 7. The Commissioner is hereby empowered to examine any of the parties, as well as other witnesses, and shall report the progress of the compliance with the terms of this order on or before the first of each month beginning October 1, 199s. a. The Special Commissioner shall post a bond with corporate surety incident to this undertaking before the Clerk of this Court in the amount of $100,000.00, and shall not enter upon his duties until the bond has been furnished and approved by the Clerk. The cost of the bond shall initially be paid by the Companies and shall later be assessed as a cost of this proceeding. 9. The Special Commissioner is authorized to employ such accountants, attorneys, and other agents, as may be necessary from time to time to accomplish the purposes of this order, and to take such action as is necessary to enforce the obligations owed to the Companies. However, the Special Commissioner shall not enter any such contract which shall give rise to aggregate charges exceeding $5,000.00 without court approval. 10. The Special Commissioner shall send copies of all his reports to counsel of record in this case, and he shall maintain records as required by law of his actions and state and settle his accounts with the Commissioner of Accounts of this Court. The Commissioner shall also maintain copies of his reports and correspondence at the offices of the Companies at Lake Holiday where they may be examined'by the members. 11. On confirmation of the final report of the Special Commissioner in Chancery, either party may move for final Judgment as determined by the accounting and report of the Special Receiver and Commissioner, and ordering such further relief as may be just under the facts of this case. 3 Reference A In appointing the Special Commissioner in Chancery, it is the intention of the Court that the members and Board of Directors of Lake Holiday Country Club, Inc., and its wholly owned subsidiary, Lake Holiday Estates Utility Company, Inc., be permitted as soon as practicable'to assume full control of all corporate activities, and manage and control the corporations as the Board of Directors and members may deem to be in the best interests of the corporations and its members. If the Commissioner finds that the members of the corporations, acting by and through their duly elected directors, officers Qr committees, have not, within a period of four months from the election of the Board of Directors supervised by the Special Commissioner, satisfied the Special Commissioner with respect to their progress, he shall. so report to this Court. The Clerk is directed to send a copy of this order to counsel of record. Entered August 26, 1998. E. Wetsel, SEEN: �y 09 S en H. Moriar squire CHNMICKI WASHINGT , OLTERS, MORIARTY & LYNN, P.C. 9990 Lee Highway, Suite 450 Fairfax, VA 22030-1704 Counselor Complainants HUSS .L A. -Fowler, Esqui FOWL ,�:M6 FFIN, COYNE & 29' tad ck Street Win stVA �'1 01 re COYNE, P. C. Saeo tW Johnston, TIf , Es MY D�1L , JOH#STON, McKEE 112 ugh on Street P.O. Box 2760 Winchester, VA 22604 Co -counsel V AN Cnarles R. Aiton, tsquire. Special Commissioner A Copy Attest: quire Frederick County Circuit Court & BUTLER, P.L.C. Rebecca P. Hogan, Clerk for Respondent 4 Reference B VMGL14U : IN THE CIRCUIT COURT OF FREDERICK COUNTY ALAN BLOOMWGDALE, ET AL, Complainants V. LAKE HOLIDAY COUNTRY CLUB, Respondent CHANCERY NO.9&.64 This case came before the Court on the supplemental reports of the Special Commissioner, and the Court has decided to amend certain provisions of its September 29,'1998, Order. Upon consideration whereof it appears that an emergency exists because neither Lake Holiday Country Club, Inc., nor Lake Holiday Estates Utilities, Inc., have sufficient funds on hand to pay their past due accounts and current operating expenses. THEREFORE, it is ADTUDGED and ORDERED with respect to LAKE HOLIDAY ESTATES UTILITIES, INC., that: 1. Pending further examination into the condition and capacity of the sewer and water system, no further connections for new sewer and water service are to be made .to the system, except those for which the construction process (building permit applied for) began on or before October 1, 1998. 2. _The special commissioner shall forthwith prepare and submit to the State Corporation Commission an application for an emergency rate increase to set a rate for. the use of the sewer and water system that is sufficient to pay operating costs, current liabilities, projected expenses for the next year, and to establish such reserves as are necessary to meet the anticipated capital replacement needs of the company. Connection fees for new connections shall also be reviewed, and a proper connection rate shall be set. Reference B 3. The Special Commissioner shall forthwith send a collection letter to all delinquent accounts advising them that if their account is not paid in full within thirty days that it will be referred to an attorneyfor collection. THEREFORE, it is FURTHER ADJUDGED and ORDERED with respect to LAKE HOLIDAY ESTATES COUNTRY CLUB INC., that: 1• Effective -November 1, 1998, and continuing until further court order, the lot owners shall pay a monthly assessment per lot as follows, due on the first day of each month, beginning November, 1, 1998: Buildable Lots Membership Lots $114.00 per month $74.00 per month 2. The Special Commissioner shall forthwith send a collection letter to all delinquent accounts advising them that if their account is not paid in full within thirty days that it will be referred to an attorney for collection. 3. The Special Commissioner's authority to contract for new services is increased to an aggregate amount not to exceed $10,000.00. 4. The Special Commissionerls motion is granted to extend the date by which the annual meeting must be held to December 19, 1998. The Special Commissioner shall prepare a notarized proxy form, which may be used for proxy solicitations. Only lot owners who are current in their assessments for the period January 1, 1997 throu h November 1, 1998 which includes the na ent due on November 1 1998, may vote. The Clerk is directed to send a copy of this order to counsel of record, who shall file such objections hereto as deemed advisable within ten days of their receipt of a copy of this order. Endorsement of counsel is dispensed with pursuant to Supreme Court Rule 1:13. 2 A IN UPY A Frederick Coun Cst: l� Rebecca P. H gan Cl Court rk by Deputy Clerk , n7 : LJ "M LkKt_ HULIDAY. C. C NOV-02-A THU 05:00 PM CHADWICK, WASHINGTC�V 1540 �883549 P. e3 FRX !r 0, 703 H2kiference VIRGINIA : IN THE CIACUIT COURT OF FREDERICK COUNTY ALAN BLOOMINGDALE, ET AL, Complainants v' CHANCERY NO. 98 - 64 LAKE HOLIDAY COUNTRY CLUB, Respondent This case came before the Court on October 31, 2000, on the Respondent's Objections And Requests for Clarification of this Court's October 10, 2000, Order. The following eppeBred: Charles R. Alton, Special Commissioner; Stephen H. Moriarty, counsel for Leka Holiday Country Club, and numerous interested panles. Upon consideration whereof, it is ADJUDGED AND ORDERED that: 1, The effect of the October 10, 2000, Order Reducing Membership Fees on Lots with Sewer Available but No Residence on the Lot is SUSPENDED PENDING FURTHER COURT ORDER. 2. On or before November 21, 2000, the Respondent shall submit a plan for the earmarking In a ceparste trust fund of the $326.00 difference In In dues (d600.00 - $275.00) to be used for the expansion of the sewer system to serve the lots with sewer but without houses, and committing to spend an amount of up to $416,325,00 on the expansion of the sewer capacity In 2001, which is the amount of the dues difference for the years 1899 - 2001 (427 lots x $325,00 x 3 - $416,325). 3. On or before November 21, 2000, the Respondent shall submit a plan for the crediting of the $80.00 per quarter sewer payments to the Utility Cornpsny ega!nst the future connection fees. The Clerk Is directed to send a copy of this order to counsel of record, who shall file such objections hereto as deemed advisable within ten days of their receipt Of a copy of this order. Endorsement Is dispersed with pursuant to Suprome Court Rule 1.,13. Entered Oct9ber,11, 2000. 70f A Cuvy Ar-Ist. rf,:,1er+;.k CulMly Clrmt Cosa Wetsel, Jr., dge P. licoal, DrA Uh CIaA Reference D VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY ALAN BLOOMINGDALE, ct al., Complainants, V. LAKE HOLIDAY COUNTRY CLUB, INC., Respondent. Chancery No. 98-64 ORDER DIRECTING COMPLIANCE WITH ,BOARD RESOLUTIONS. THIS MATTER having come before this Court during the term of Court -ordered supervision and appointment of a Special Receiver, including the particular issue of the appropriate methodology for financing the expansion of the waste water treatment facility in order to meet the needs of those lots with water & sewer availability, which have been subjected to this Coures previous moratorium on building, and the Boards of Directors of Lake Holiday Country Club, Inc., and its subsidiary Lake Holiday Estates Utility Company having resolved and submitted proposed plans to facilitate the necessary expansion, it is hereby DECREED that the Respondent LHCC is hereby ORDERED to comply with the attached Resolutions, No. 2000-6 and 200M. . I ASK FOR THIS: Ste F a H. Moriarty Cha ick, Washingto Olters, Moriarty & Lynn, P.C. 9990 Lee Highway, Suite 450 Fairfax, Virginia 22030 703-352-1900 Counsel for the Respondent A Copy Attest: Frederick County Circuit Court Rebecca P. No an, C r h - C ep,ay Cie k . 7 Reference D 1 VIRGINIA: TN THE CIRCUIT COURT OF FREDERICK COL'Nn ALAN BLOOMINGDALE, et al., Complainants, ) ) V. ) LAKE HOLIDAY CO _ � Chancery NO' �5-64 _ CLUB, 11 V C.,RY ) Respondent. ) RESPONDENT'S PROPOSED PLAN S)=G FOR O BASSOCIATIONAND SS SM.ENT AND UTILITY FEE R WATER &SEWER EXPANSION COMF5 NOW the Respondent, Lake Holiday Co entry Club (`LHCC" b r=id hereby submits its proposed plan for the earmarking of certain deli annual assessments and utilityft�es for the pu� ose of e )' Y counsel, gnated associate'on faciii;y (�'WIF" ca ace 'P xtendi;,g the waste water treatment P t;', and in supper{ thereof states as follows: �• This Court has heard testimony and reviewed evidence re gar, needs of LHCC. In addition this Court has articulated its inter - garding the the proposed expansion of the titi'WTF capacity so that the �7 lots within m furthering now have water & sewer service available, but which cannot be co,-ulected to 0 due to the limited capaci), of the W [E LHCC which may be developed. the sy st_ 1 This Court issued an order on October 31, 2000, b ; LHCC submit a plan which would entail Y whch t dit�cteti that for use in the ex ansion of the WW tai LHCCsmethod of "earmarking„ certainfurds submit:,2d which addressed the need o I`n addition this Court directed that a plan gi e credit to those 427 lot owners or quarterly , sewer paymonts (presentl; being made) toward future conncction fees. I The Boards of Directors of Li•ICC and the Lake Holiday Estate Company ("LHEUC") have resolved to corn l Utility their plan. Attached to this mEmorand,m P e two 'these direr: ves and hereby subrnit resolution of the LHCC Board and o board resolutions- Fahibit A is tre arc identical, but are executed by ttte two respective the r� o UC Board. IT�e resolutions f directors. 4. By way of these resolutions the boards of directors have evidencedtheirplans LHCC shall maintain to implement this C:ourt's directives within ��� the frarneork of their mina p a segregated account to be managed by CF+�Ig` entstructure, professional Reference D­.. _,...... - - property management company, for the ose (now at S325.00 per year per moratoiumPurp lot")°f sepamnng the assessment differential pclymparaded V1' ent for the ex ' and the eventual WTF• The resolution tends nits LHCC use thereof toward tends for this purpose during 2001, The account shall be rnit to expending these to continue to expand the WWTF ilj order . m nta_ned so long as necessary lat ovrners. LT-ICC anticipates that alternative eet the needs or demands of moratorium expansion needs after 2001, but in no event will the accdount be closed ube nless finance such Other methods overcome the needs for this segregated account. ess or until such 5. quarterly chargehem �� rnas similarly committed itself to settingas; maintenance of water &sewer linesmlot owners those aside the to 00 ose funds to be de3icated to the be considered potential credit- serving the moratorium jots. These charges shall' also a against future connection fees an such Iots. "potential" credits because, as this Court observed on & sewer capacity for moratorium lots) exceeds dem�tdOctober 31, once supply They are upon those lots) there is no Ionger an me u!t pp Y ( building water Y Q yin th� qL ate 1�c1harges�matleo 1 erc p Lived. ���REFORE, l-HCCres ecttull re it and the LHE LiC by way of an 0F Y quests this Courtto endorse the resolutions of compliance with these Res luEions asdexeru d s Court, bindin LHCC $ and L NEliC to 5t P H• Moriarty wick, Washin on, tern, Moriarty & Lynn, p 9990 Lee Highway, Suite 450 Fairfax, Virginia 22030 703-35.. 1900 LAKE HOL JD.�,Y COUNTR'YCLUB, By Counsel Counsel for Lake Holiday Coantry Club P29e 2 of 3 Reference D CERTIFICATE OF SERVICE I hereby certify that a true copy Of the foregoing was sent by Overnight mail to: The Honorable John E. Wetsel, jr. Circuit Court for the County of Frederick 5 N. Kent Street Winchester, Virgin 2260I _ and by first class mail to: Charles R. A1ton, Special Commissioner 31 W. Bosca,,ven Street Winchester, Virginia 22601 Es 20'° day of November, 2000. P-ge 3 of 3 Ste n H. .oriarty Reference D Exhibit A • �.. c: 15•t0$t?r32:549 _ _,_ __ Reference D d. xEsoLVTION op rHE Ba ARDs of DrREcrajts Ltd HOLIDAY CO F UNTRY CLUB, INC. NoVE'gEIR 149 2000 RESOLUTION 200Q.8 The Board of Directors of Lake Holiday Country Club, Inc. special session and in conjunction will; the Board of Directors o company (" LliFUC") For the u (••�HCC"), having mel in financing of the ncvdCd expa niOof ithe wigs esin' , f Lake Holiday- Estates Utility 6 and reso,vtng the issues related to the Ot'these matters having bctn held, µVer treatment facility, and a }public discussion IT 1S HFRr_By RESOLVED, that a. LIiCC steal' oedicnte an amou assessmems incurred by 0%7'ccs Of wat C� &c rw eating that Portion 4f the annual ordered n:prat+orium (the "moratorum lots'' Cr atiailable lots suFjeet to the court annual .sscssment levied u r, ), tiahich equal t;� the difference the c Without. At Pd those lots with water & seiner available and those cn the presCnt there are 427 moratorium lots . (1n 1999 and 2000 ��?5.00 per aiTvctcd lot ) .his amoun. was LHCC's professional management company. the funds described ;r paraumph (a) p S'� Cf �1, shall create a se,reb'gted account for The funds placed in this account sha'I be used for the ses rc! waste u'nter treatment facility any no other. �° ated to expanding the The segregation Ofthis dedicated lots shall continur in future years unless and until altcrra 'v portion of the annual assessments of the moratorium, expansion are efTected, but in no event shall it cease priorlto the year offinancing this Since LNCC s,�tall be responsible for the financing y ar 200,., C`tpansion it shall retain su rvi$ory control Over tghef the waste water construction phaseo fthe t facility ty The dc.'dicated funds set aside for project . Facility ex Potential Cxpencliturc on the Nastc water treatment 3 pension project shall be committed for use in the year 2001 for the camplLiinq the initial phase Of exp•�nsion by So�� 116.3?5.00. This figure represents dedicated Funds prism, and which may Costpstoof tl,e Ylagf 1999 , 200I, based upon current calcula ' t,am a~ssessmentS charged in vans• 15402eaS549 ' Reference D S Utility fet9 ehareed by L.HEUC tv,,tnd period bcSinning lanuGry 1, 1999, shall b paid by C)dared ers of moratonum lots for the service connection Pecs. As stated in the LHEUC R:sotut * 200 being set aside in a segregated account In the Potential credits against future event of ;he transfer of ownership of an atTecteddIo nt of S240 0 1 these fees are reside with the ownership of the lot, • entitlement toYsuch credit Shjjile h. The utility fees to which paragm h P (g) refers shall be directed For cxpenditurd toward maintenance of the W3tcr and sewer lines serving the moratorium the LHt=UC Resolution 2000-1, The L HEUC shall maintain riumhe3c lots in accordance with PurNsc until the building nturutorium is lifted, funds for this dedicated WE, THE UNDERSIGNED DIREC I -ORS ofchc Lake IIolida hereby adopt this reSole;tion to be eiiective immediately. y Country Club, Inc., do rec tq ure K Framk iieisey / l Wii:ta:n Penfield Leis Loc1g , ,y ROberc Dclaney Louis Eu'29UT11n Dolores Smith Les Bates -'@OeS Dean Stephen Pet:;er bllLtp r 2rr", t tt Scott - - ejels . y� abstain absent Yes no abstain absent CY'el)nO abstain Ebent es no abstain at ser_t ve no abstain absent `eJ r.0 absta:n absent yes no abstain absent Ye$ no abstain absent yes no abstain absent 6r no absjWn absent Oct rio abstairl absent Reference D Exhibit B 1!140 a Ke ence D P.Oi "sOLUTION OF TEE $oAjWs or, nrREtcToAs LAKE HOLIDAY ESTATE F L r S TILITy COMpANYO INC. NOVEMBER Y 4. �000 RESOLUTION 2000-6 The Board of Directors of Lake I ro! iday Country Club Inc,� special session and in conjunction With the compaay ("LHEUC" J e(LHCC ), having met in } for the u e Board of Dirretprs of L.rtke financin P rpose ofdi.spussin ar Holiday Estates Utility g of the needed ex 15 d resolving the issues rclated to the of tE ese matters ha�irtg be�`n hcldn ofthe waste water treatment facility,arid d a public discussion 1T fS `1ERI;3Y RESCLVED, that a• 1.NCC shall dedicate an amount of roonc $ssrssmenls, incurred by o�►'r;ers of water representing that rinual ordrred moratorium the " sewer availablelotslsublc the a court annual sss � moratorium lots,)), which tssment levied u hich equal to the differe ce betµ e without. At present there arc o42" moratorium lots. & Sekef available and those 33Z5.00 per affected lot.) (n 1999 Znd 000 .his amount was b l.: ICC's professional mana the funds described in paragrap, ��� orripany' Mt stall 'Cat: a se grcb, ated account for c. The hinds placed in this account shall be used For the µastc water treatment facility and no other. purposes related to expanding th. d. The=09rcgation of this drdicat,,d lots shall continue in future portion of ire annual a5seS5i71t:ntS of the moratorium `%Nnsion are efTectcd b years unless and until a1lCrnat:vC m:thods of financing this it in no event shall it cease prior to the year 2002 c Since UICC shall be responsible for the tinancin of expansion it Shall g the waste w�atkr treat Main supervisory ccntrol over the constru4tion base of the t facility t" The dedicated funds Set aside for potential ex p Project. facility ex expenditure �~ Y expansion project shall be on the completing the initial h comisimitted far us.' in the year Op i for the Ument, S416,325.00, This figure reprrsr iS dedicated Yd 0% ca ate' P rpos� of tj1e ,Qr 1999 - A Stty, and which may cost Up to ��� 1, based u un�s a;lising from ass Upon cuR`nt calculations. �551nenl5 charged in _.,,•.��uHv,C,C 154oAe 3549 ReTerence D P. a3 Utility fees charged by Ll iEUC to. Period 5et7tnn;ng lartua 1, I499 &'d Paid by, the owners of moratorium acts for the srrvlCe connection Pecs fA state 'shall be cpnsidercd set aside in a Se ,r d in the Laf fC Potential ercd�ts against Future the transfer of wCgazeid account in the arm Diu ourt of $240 per car p es bcin� tf,c Ownership of`the Totp of 4n af�ccted lot, entitlement to such credit shall resi Y er lot. !n t��ni•of de wi th h• The utility fees to which paragraph mainicnanCe of the water and ��} rc fers shall be directed for ex d' the LHEUC Resolution s wer lines servin the T trure toward 20t�.Thc LHE moratorium lots accordance with Purpasit'unfil the buildin UC shall maintain these L rroratoriurn is lined funds for this dedicated WE, U THE NDERSICNED D Corrpar,y, Inc.,ND ado ACTORS of the Lake Holidav Estatcs Utility hereby At this resolution to be ti;'ec;iye imtrediately. �pl �a ur Vot�l�.�se Frank Rentz abstain absent ChnrlCS 8rewcr - - des no abstain ,. Alan Dunn abse.., abstain ahscnt Jt,m SfuhEl 7 Caleb / yes o abstain absent Hail oyesno abstain absent Reference D 1 VIRGINIA. "N Till? CIRCUIT COURT OF FREDERICK COUIr1ry ALAI $LOOMINGDALF, et al., Complainants, i V. ) ) C'zancery No. 98-6-} LAKE HOLIDAY COL��y } CLUB, INC., Respondent. ORDER DIRECTING COMPLIANCE WITH BOARD R-ESOLLUONS THIS MATTER having come before this supervision and a Court dunnt the term of Court -ordered appropriate Methodo Methodology for Of a S c'aal Receiver, , � including the particular issue of the in order to meet the needs of those lots�ehwater °r � tnewaste water treatrnentfacilin� subjected to this CoureL previous sewer availability, which have been Lake F-foliday Country Cl� b L ., and rnOits s um on building, and the Boards of Directors of having resolved and submitted propo d plansubs'd'ary o fa to Holiday Estates UtU herebyit)'Company e the necessary expapsion, it is DECREED that the respondent LHCC is hereby ORDEP.ED to co attached Resolutions, No. ?1;p0-5 an i ZOpp.g rZply with the I A5K FOR THIS - John E. Wetsel, Jr., Judge Ste e H.I�Ioriarty ' 99 N'e Washingto , Olters, hioriarty Lynn, p.C. Fairfax Lee Highway, Suite 45�0 Fairfax, Virginia 22030 i (L3-352-1900 Counsel for the Respondo,tt Lake Holiday Country Club, Inc, 231 Redland Road Reference E Cross Junction, Virginia 22626 April 2, 2001 COPY The Honorable John E. Wetsel, Jr. Circuit Court for the County of Frederick 5 N. Kent Street Winchester, VA 22601 Re: Lake Holiday Country Club - Utility System Improvements (Bloomingdale, et al., v. LHCC, Ch. 98-641 _ Dear Judge Wetsel This letter serves to define progress towards expansion of the Wastewater Treatment Plant here at Lake Holiday Country Club. During October 2000, the Lake Holiday Estates Utility Company Board of Directors issued an engineering Request for Proposal and subsequently engaged Bushman Engineering to develop options for the engineering design of the Wastewater Treatment Plant expansion. During March 2001, Mr. Bushman reviewed five (5) preliminary engineering designs with both Boards. Both the Lake Holiday Estates Utility Company Board and the Lake Holiday Country Club Board subsequently approved one of the options. The model chosen is an 80,000 gallon per day extended aeration expansion to the existing plant which is designed to serve an additional 277 homes. The cost of this expansion is estimated to be between $310,000 to $320,000. Bushman Engineering has defined a timeline that should move us to issuing construction Requests for Proposals by May with construction beginning in July 2001. * Our goal, as developed in collaboration with Bushman Engineering, is for the expansion to be approved by the Department of Environmental Quality and on-line no later than January 2002. We are funding this project through a combination of cash reserves ($138,775) and a Special Assessment to property owners with homes ($181,225). This Special Assessment will be payable by these property owners in three quarterly installments of $108.26 per quarter. As part of our Strategic Planning efforts and dialogue with Bushman Engineering, we have identified that an additional 80,000 gallon per day unit can be added to the above mentioned initial expansion. This subsequent expansion will serve an additional 277 homes. Through our Strategic d Planning Team an interaction of both Boards, we will stage this additional expansion based on the actual building of homes in the Summit. When both phases of the WWTP expansion are completed, the existing WWTp will be capable ai serving a total of over 1,100 homes, more than adequate to serve the 985 lots with water and sewer availability. We are pleased to provide you with this update and anticipate writing a letter to you every quarter this year to advise you of our progress. At some point during the last quarter of 2001 we anticipate court to lift the building moratorium. requesting the Please contact us should you have any questions related to this information. Sinc reI , UAI . M. Heisey Charles F. Brewer President Acting President Lake Holiday Country Club Lake Holiday Estates Utility Company CC: Stephen Moriarty LHCC and LHEUC Boards of Directors