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HomeMy WebLinkAbout01-07 Sovereign Village - Revised Residential & Commercial - Redbud - Backfile (2)1 ' MASTER DEVELOPMENT PLAN TRACKING SHEET (Note: The application does not need to be complete to be accepted but will not be schedLiled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with any marked copies of the plan: VDOT Fire Marshal Sanitation Authority `f Inspections Dept. J County Engineer City of Winchester GIS (Mapping) Parks & Recreation Health Department _� Winchester Regional Airport One copy of the master development plan application. Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. Submission Fee TRACKING Date � 41,J Application received Fee Paid (amount: ��S ,PA S �� �� Preliminary MDP beard by Planriinl c � fission -Action taken 5 D Preliminary MDP heard by Board of Supervisors - Action taken: Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. �U Final MDP signed by County Administrator and Planning Director (send two copies to applicant). IL�� Administratively approved; letter sent to applicant. NOTES: DATE: (97 File opened. 7 o�- i 07 Reference Manual updated/number assigned. D-base updated. (o 0-) List of adjoiners given to staff member for verification. <<2 0% location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. / lP 'y% File given to Renee' to update Application Action Summary. CLOSE OUT FILE: Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works and Jane Anderson in Real Estate receive a copy of the administrative approval letter. Jane wants a copy of the final action letter even if the application was denied or withdrawn.) '711,JJ6, File stamped "approved"/"denied" or "withdrawn." Reference Manual updated. D-base updated. 4GIII-Ven to Renee' for final update to Application Action Summary. Q File in file drawer. U \Carol\Common\Tracking shects\TRACKINGMDP Rev 01l.I103 DATE RECEIVED FROM t 0-1 a RESS PC �k o� � a Y\ ',Z� Q t V)" OFOR RENT,' D p ❑FOR AMT. OF CASH ACCOUNT AMT. PAID 10 CHECK BALANCE MONEY DUE ORDER NO.5853 RS $i`?�C�1��, BY P U� + COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/ 665-6395 TO: Robert T. Mitchell, Esquire FROM: Eric R. Lawrence, AICP, Planning Director`,/ SUBJECT: Revised Sovereign Village Master Development Plan DATE: April 20, 2007 Per your discussion with John Riley, please find attached information regarding the revised Sovereign Village Master Development Plan. The Planning Commission considered this revised MDP during their regular meeting on April 18, 2007, and has forwarded a recommendation for denial to the Board of Supervisors. This revised MDP would be introducing Zero Lot Line and Multiplex housing types to the development. This new housing type is the center of the controversy for the existing residents. It should be noted that when the Charming Drive rezoning was approved in 1999 (of which Sovereign Village is a part, and is referenced as the Giles Farm in the rezoning materials), the actual meets and bounds for the commercial component of the tract was not provided. The Board approved the rezoning based on an illustrative that placed the 22 acre commercial area in the middle of the site (see attached illustrative from the rezoning). The approved rezoning contained 22 acres, 12 acres of which were on the Giles farm tract. This 12 acre tract was further located when the original MDP was approved in 2001; this 12 acre commercial area was identified as being bounded by Channing Drive, Farmington Blvd, and Rossmann Blvd. You'll note that the revised MDP has modified this commercial area from a square to a stretched rectangle. Please contact me should you have questions. cc: John R. Riley, Jr., County Administrator Attachments: PC agenda package for this item- April 18th PC meeting Adopted proffer statement — Channing Drive, Rezoning #15-99 Copy of the approved MDP for Channing Drive ERL/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 /v4 lQ,,QI Up<<Illon 040,-lzt"f14 (�v�c mop �O� 0 0 tt�J i,',DD• LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 June 28, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: THOMAS MOORE LAWSON • TLAWSON(a%LSPLC.COM Re: Manning and Ross Builders Our File No. 860.001 I am in receipt of Ben Butler's letter dated June 20, 2006, which was sent by mail and unfortunately not received by this office until a day ago. Attached is another letter from me, which had been drafted before Ben's letter and circulated for review, comment and approval by my clients and others, which was to be a response to Eric Lawrence's letter of June 14, 2006. Unfortunately, it appears that due to the parties' failure to communicate in person, by telephone or by fax that we now have a series of correspondence which are crossing in the mail and that I believe are creating more confusion and less remedy to the problem at hand. Ben Butler's letter of June 20`h touts it encloses a copy of the Easement Agreement, which had been drafted and agreed to between QR Development, L.L.C., Lynnehaven, L.C., and Manning & Ross Developers, LLC. As you know from my conversations and communications some time prior to June 20`h, you already had a copy of this Agreement in your file. You have a copy of that Agreement because I forwarded it to you via e-mail on June 16, 2006. My understanding was that the County intended to review that draft Agreement and decide whether it was in an acceptable form to the County and/or if the County wanted to be a party to the Agreement. Manning & Ross was willing to sign the Agreement back when it was drafted and it continues with that intention. As I understand it, the only issue remaining is whether the County also wants to be a party and, therefore, the Agreement needs to be amended. I leave that in your hands. Ben Butler's letter further states that there is a Deed of Dedication, which needs to be executed by Manning & Ross to allow a formal dedication of that portion of Channing Drive, which has been completed adjacent to the Arcadia development. In point of fact, that Deed of Dedication has been executed by Manning & Ross. I have previously advised Mr. Butler of Manning & Ross' willingness to dedicate the road for some time and my only comment to the draft Deed of Dedication FR� Rmr Annwess: Po OF " Ba 602, FRONT ROFAL, VMGm 22630, TsurOONe: (540) 6359415, F•^�: (540) 635-%21, F,M : su.swC�ymacco u-T.�M FAU Annuls: 108M MAm STRICT, SU 200, FAWFAX, VMGO 22030, TC PNO : (703) 352-2615, F�: (703) 352-4190, 4MAM:'IH MASO.LAwarn (9—c N-risr r T Mr. Kris Tierney June 28, 2006 Page 2 was my belief that for a Dedication to be complete, it needs to be accepted by the public body and the form document needed to be amended to reflect the acceptance of the dedication by Frederick County and also the approval of the form of the document by the County Attorney. I understand that within the last two days, the Deed of Dedication has been amended to incorporate those two revisions and accordingly, Manning & Ross has executed the Deed of Dedication. Finally, I do believe that everyone is in agreement that with the dedication of the portion of Channing Drive adjacent to the Arcadia development that the QR development Section 3 and the Manning & Ross development Section 4 need to be approved for building permits by Frederick County. I believe this is consistent with the proffers and rezoning that was approved back when Sovereign Village was accepted by the County. I also agree that there will need to be an amended Master Plan prepared by Manning & Ross to address the sections of its property yet to be developed and that the Master Plan will need to specifically spell out the incompletion of Channing Drive, those areas that border Manning & Ross, coordination of the completion of Channing Drive and the portions of the property that border Lynnehaven and/or QR Development, and also provide for the size, shape, and completion date of a community/recreation center. As I point out in the attached letter, there will also need to be some work on the ordinance to address this community/recreation center in advance of the filing of that Master Plan. All in all, and as we have said on numerous occasions, this is a process that will require steps, and I believe we are well on our way to completing those steps. Also, we firmly believe, however, that any finger -pointing is counterproductive and may well lead to the undoing of the cooperation that is being developed. Accordingly, I am strongly suggesting to all those in receipt of this letter that we keep this in mind. Thank you for your continued assistance and cooperation. Should you have any questions, please do not hesitate to give me a call. TML:atd cc: Manning and Ross Builders Benjamin M. Butler, Esquire Eric R. Lawrence, Planning Director Mark Cheran, Zoning and Subdivision Administrator Richard Shickle, Chairman of the Frederick County Board of Supervisors er • LAWSON AND SILEK, P.L.C. 160 EXETER DRrvE, SUITE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540)722-4051 June 22, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: • ti1�$2Q 30 RECEIVED (� -CNN � Conli O Fredvc, , {ice 'CO„ `, �>. Adm�n�stlatol5 q � y i THOMAS MOORE LAWSON 6 TLAWSONnk.LSPLC.COM Re: Manning and Ross Builders Our File No. 860.001 I am in receipt of a letter dated June 141h sent from Eric Lawrence on behalf of the Planning and Development Department of Frederick County, which was a follow up to our meeting of May 31 S1 and my letter of June 2, 2006. To keep everyone in the loop, I am copying all of those copied on the June 14`h letter. Also, I have had the opportunity to share the June 141h letter with my clients. While we are pleased to continue the dialogue concerning the issue surrounding the Sovereign Village development, the proffers associated with Channing Drive, the community center and various requests for Master Plan amendments, I am confused by Eric Lawrence's letter. I understand the County's desire to give specific delineations of the process by which proffered components of Sovereign Village are delivered, but I believe it is clear that the proffers provide for the delivery of those component pieces. Further, while I do not disagree that an amended Master Plan process may be the mechanism for tying up all remaining loose ends to include a specific timetable for the construction of Channing Drive and a community center, I do not think it is appropriate to hold up existing property where proffered improvements have been delivered and, in specific cases, where Channing Drive has been fully constructed. My letter of June 2nd described a process which acknowledged the completion of segments of Channing Drive, which should allow for a connection between Senseny and Valley Mill Roads consistent with the rezoning and proffers to allow for the issuance of building permits. Those permits would be before the property owned by QR Development/Denver Quinnelly, and also by Manning & Ross. To that end, in addition to my letter, I forwarded to you an Easement Agreement, which had been drafted to be executed by all parties in interest to assure a clear path toward the completion of Channing Drive in areas where it is not yet constructed. Ynow RovAL A mrm: Posy OMC[ AWK 602. FUMa RMA1, VMGDn^ 22630, Tmt onc: (540) 635-9415, FAcxa : (540) 635-9421, L-�: SnsXJQOLX CONM ECrxc FAUtr� ADDVr : IOWS MA STKMT, Sorry 200, FA AX VU WtA 220.70,Ts re : (703) 352-2615, FAcs : (703) 352-4190, E-nun THOMASO.1.AwSOM®�. Mr. Kris Tierney June 22, 2006 Page 2 With regard to the Master Plan amendment, this is to confirm that Manning & Ross has previously submitted an amended Master Plan, which provided as one of its components the bonding and construction of the remainder of Channing Drive. As you know, that Master Plan never made it out of Planning because of an ordinance interpretation that required the construction of a multi- million dollar community center. In our last meeting, all agreed, including representatives of Frederick County, that assuming it was even possible to deliver a multi -million dollar community center, that it would not be in the interest of the community and it would not be something that could be maintained by the Homeowners' Association. Accordingly, at our meeting of May 31st, it was agreed that Manning & Ross would prepare a revised Master Plan to provide for the construction of Channing Drive, provided some agreement or ordinance revision could be reached to allow for a reasonable community center in a size suitable for the Sovereign Village community. I had thought in our meeting of May 31 st we had all agreed that the preparation of that Master Plan and the amendment of any relevant ordinance would take an extended period of time and that it would not be proper to hold from development the existing lots, which are ready to go forward due to the recent construction of Channing Drive. From my read of Mr. Lawrence's letter, however, it now appears we did not have an agreement and the County is suggesting that everything within the Sovereign Village development will be held up until such time as the Master Plan and text to that have been submitted, reviewed and approved. Please review your notes of the meeting, as well as the enclosed and referenced correspondence and let me know how Frederick County intends to proceed. I continue to submit that the lots that lay adjacent to the newly completed sections of Channing Drive should be permitted and allowed for development. My clients have authorized me to state in writing that as a second step to this process they will re -'submit their amended Master Plan and they will provide for the completion of the remainder of Channing Drive. I had thought we had the commitment of the County to work to create an ordinance that allows, and calls for, the construction of a reasonable community center. Thank you for your continued assistance and cooperation. If, after you have reviewed the enclosed, you would like to meet to discuss these issues further, please give me a call. TML:atd cc: Manning & Ross Builders Benjamin M. Butler, Esquire Eric R. Lawrence, Planning Director Mark Cheran, Zoning and Subdivision Administrator SU�t^ I-frG" 7-0 905- S / 716 % ��utiT �91/�iJs Channing Landbay Timeline of Events July 2,1999 — Channing Drive Rezoning Proffer written • Proffer prohibits Townhouses, Weak -link Townhouses, and Garden Apartments December 6,1999 — Last signature placed on proffer— Manning and Ross December 8,1999 — Board of Supervisors approved the rezoning of Channing Drive (#15-99) December 15,1999 — Multiplexes and Zero Lot Line housing types added to the Frederick County Code • These housing types did not exist at the time the time the proffer was written February 1, 2000 — Letter from Evan A Wyatt, stating that a membership based recreation center as proffered cannot be placed in RP zoned land, it must be placed on B2 zoned land. There is no follow up to this letter in the file #15-99 June 26, 2001— Channing Drive MDP signed by Greg Bancroft for Manning and Ross Developers July 2, 2001— Channing Drive MDP signed by Drs. Sheppard and Futral for Fu-Shep Farm October 25, 2001— Channing Drive MDP signed by John Scully for Lynnhaven, LC December 4, 2001— Channing Drive MDP signed by Evan A. Wyatt, Director of Planning Frederick County December 5, 2001- Channing Drive MDP signed by John Riley, Frederick County Administrator • Channing Drive MDP is approved for 848 SF Urban Lots on 354 Acres of Land March 18, 2004 — Memo from Eric Lawrence to the Board of Supervisors suggests resolution to allow revisions of the MDP by the individual developers of Channing Drive, if and only if Channing Drive is: 1. Designed 2. Right of Way dedicated 3. Construction guaranteed — i.e. Cash Bond provided March 23, 2004 — Board of Supervisors approve Resolution 054-04 unanimously outlining the intent of the proffer regarding the construction Of Channing Drive. On the Board: • Richard Shickle • Barbara Van Osten • Gary Dove • Bill Ewing March 29, 2004 — Letter to all three developers of the Channing Drive MDP notifying them of the resolution December 21, 2005 — Sovereign Village HOA turned over to the homeowners by Greg Bancroft post election of Board members. June 2, 2006 — Letter from Mr. Lawson, representing Manning and Ross, stating that the current build out of Channing meets the intent of the developer at the time of the rezoning, and there is no immediate need to complete Channing. There is also confirmation that Manning and Ross had already submitted an application for Multiplex units in a revised MDP, but withdrew it upon hearing of the increased Rec Center requirements. June 14, 2006 — Eric Lawrence issued letter to Mr. Lawson, outlining the inconsistencies and incorrect statements regarding the meeting held between the parties on May 31, 2006 — NOTE no one from the Sovereign Village HOA was invited to attend this meeting. June 22, 2006 — Mr. Lawson issues letter to Mr. Tirney of Frederick County, in response to Mr. Lawrence's letter to Mr. Lawson on June 14, 2006. In this letter, it is stated that Manning on Ross wants to only build a "reasonable community center in a size suitable for the Sovereign Village Community." NOTE: The original proffer calls for a community center to be constructed to serve ALL subdivisions of the Channing Drive MDP, and all other area residents. December 16, 2006 — Sovereign Village HOA tried to initiate a meeting with the developer to discuss open issues February 23, 2007 — Notices issued to bordering land of area subject to MDP #01-07 for Sovereign Village. NOTE: This is the first contact from any party in this revision that has contacted the homeowners or the Home Owner Association for Sovereign Village. Greenwav Engineering Channing Drive Rezoning C ; PG f6 CHA NNIN G DRIVE REZONING PROPERTYID NUMBERS 55-((A))-206, 209, 211, 213 & 65-((A))-30, 31, 39, 39A, 40 Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application #15-99 for the rezoning of approximately 354.3 acres from the Rural Areas (R.A) zoning district to the Residential Performance (RP) zoning district, and the rezoning of 22.0 acres from the Rural Areas (RA) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant . and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. ARTICLE I: PIIASED CONSTRUCTION PLAN This article shall apply to the following parcels: Lynnehaven, L.C.: 55-((A))-206, and 65-((A)) 330, 31 Giles Farm: 65-((A))-39, 39A Sheppard/Futral: 55-((A))-209, 211, 213 and 65-((A))-40 The total number of residential building permits that may be issued for any parcel within the subject property in combination with all other above -referenced parcels shall not exceed the following phasing schedule: • Greenway Engineering Charming Drive Rezoning 411.15 � ARTICLE III.WOO 1A" :ILvE, a also This article shall apply only to those properties currently owned by Robert A. Giles, et als, and Manning and Ross, LLC, property identification numbers 65-((A))-39, 39A. The subject property includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A. Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Page 741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990 and is reported to contain in aggregrate a total of 152.20 acres. The subject property includes all of the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and contains 5 1.0 acres. The conditions proffered are as follows: A) AREA ZONED RP - 140.2 ACRES I. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT -TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick. County- Zoning Ordinance, shall not be permitted. 3. RECREATION CENTER A community recreation center shall be included in the master development of the subject site. This recreation center shall have a floor area of at least 3,000 square feet and shall include a pool and an outdoor multi -purpose playing court; the facade shall be constructed of brick, wood product, masonry, or drivet. Said facility shall be open for membership by residents of all subdivisions resulting from this Channing Drive Rezoning and shall also be open for membership to all other area residents. 4. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 5. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. 0 • Greenway Engineering .. iiiiiimlilimlmmft tanning Drive Rezoning D1�954r% 1 557 ARTICLE V.SIGNATURES The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth. in the Frederick County Code. Respectfully Submitted: Commonwealth of Virginia, r, U Cit /County f a �c A i ' , To Wit: The foregoing instrument was acknowledged before me thi A., y n by. 1 ! n P .a w x Y. Ch:�"�Y�TWQM o Notary Public My Commission Expires ' f Commonwealth of Virginia, City , unt of -i—JQ n To Wit: The foregoing instrument was acknowledged before me thr Y Notary Public My Commission Expires t2 Greenway Engineering July 2, 1999 tanning Drive Rezoning 1558 cSDr orge ShepVI e Sheppard Commonwealth of Virginia, City�oun�f 1 QQ 0 A , �L To Wit: The foregoing instrument was acknowledged before me this dayof q � rl 1999 by Notary Public My Commission Expires 1 ` 1c,�� ��� CC U � ; Dr. Allen Futral �etty Futral Commonwealth of Virginia, U I City/ ounty f o To Wit: The foregoing instrument was acknowledged before me this l� day of U,- t i zt, 1999 by 'I% Ln v� Notary Publir My Commission Expires � i A�Q� Greemvay Engineering Channing Drive Rezoning acl son manager, Manning and -Ross, LLC Commonwealth of Virginia, U City ounty f ,� -kc) i ���'� To Wit: The foregoing instrument was acknowledged before me this:+h day of 1999 by Notary Public My Commission Expires C A—\ , Greg croft, Manager, Manning and Ross, LLC Commonwealth of Virginia, CityCoun of �: .A 2kJ Q A��_ To Wit: The foregoing instrument was acknowledged before me this day of , 1999 by A / Notary Public My Commission Expires C (, c 14 9 • § 165.55 FREDERICK COUNTY CODE § 165-65 (2) Maximum lot area shall be 7,000 square feet. (3) Maximum impervious surface ratio per lot shall be 0.40. (4) Minirnurn yards shall be as follows: (a) Setback from the road right-of-way: 25 feet. (b) Rear yard: 25 feet. (5) Minimum on -site building spacing shall be 2.5 feet. (6) Minimum off-street parking shall be two per unit. (7) Maximum building height shall be as follows: (a) Principle building: 35 feet_ (b) Accessory buildings: 20 feet. ZERO LOT LINE lift If MA (8) Supplemental regulations: (a) The opposite side yard must be maintained clear of any obstructions other than a three-foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences not to exceed nine feet in height. (b) The zero lot line side must not be adjacent to a road right-of- way. 16588 12 --15 - 99 § 165-65 ZONING § 165-65 (c) A maintenance easement of eight to 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F. [Amended 10-27-1999; B-9• 20001 Single -fan- fy small lot. Single. - family small lot housing shall be a single-family detached or attached residence on an individual lot. No more than two units may be attached together. The intent of this housing type is to provide an alternative to conventional single-family lots that can be tailored to the unique needs of specialized populations such as those of the older person. (1) Dimensional requirements shall be as follows: (a) Minimum lot size: 3,750 square feet. (b) Off-street parking spaces: 2. (c) Setback from state road: 25 feet. (d) Setback fronn private road: 20 feet. (e) Rear yard: 15 feet. (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimurn side yard shall be '10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be five feet. (g) When the attached option for the single-family small lot housing unit is chosen, the minimum building spacirig requirement shall be 20 feet. (h) Supplementary setbacks: [11 With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. [21 Where single-family small lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [31 Front porches, stoops and steps may extend eight feet into front yard setback areas. (2) A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1{4 -of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum 16589 9 - 26 - 2000 § 165-65 ZONING § 165-65 (b) Side yard tone side only): 10 feet. (c) Rear yard_ 25 feet. (3) Maximum building height shall be as follows: (a) Principle building; 35 feet. (b) Accessory buildings: 20 feet. flax. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have; independrent outside access. Units within multiplex structures may be arranged side to side, (Cont'd on page 16591 ) 16590.1 9 -1- 2ono § 165-05 ZONING § 165-65 back to back or vertically. Thb average number of dwelling units per structure shall be four or less. (1) Maximum gross density shall be eight units per acre_ (2) Dimensional requirements stall be as follows: Minimum I_ot Average Lot Area per Area per Unit Unit Number of (square (square Off -Street Bedrooms feet) feet) Parking Spaces Efficiency 1,200 1,500 2 1 2,000 2,200 2 2 2,700 2,900 2.25 3 plus 3,000 3,300 2.50 ML (3) Maximum site impervious surface ratio shall be 0.50. (4) Minimum yards shall be as follows: (a) Setbacks shall be as follows: Ill Thirty-five feet from road right-of-way. [2) Twenty feet from parking areas or driveways. (b) Side shall be 15 feet from perimeter boundaries. (c) Rear shall by 25 feet from perimeter boundaries. 16591 12-15-99 § 165-65 FREDERICK COUNTY CODE § 165-65 (5) Minimum building spacing shall be 30 feet. (6) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. I. Atrium house. An "atrium house" is a single-family attached, one- story residence, with individual outside access to the dwelling unit. The lot shall be enclosed by a wall at least six feet high. This wall shall be constructed of similar or comparable materials as the house walls. A private yard, herein called "an atrium," shall be included on each lot. All living spaces, i.e., living rooms, den and bedrooms, shalt open onto the atrium. No more than six individual dwelling units may be attached in any one building. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: Minimum Average Lot Area Lot Area per per Dwelling Dwelling Unit Unit Off -Street Minimum Number of (square (square Parking Lot Width Bedrooms feet) feet) Spaces (feet) 1 2,000 2,200 2 35 2 2,700 2,900 2.25 35 3 plus 3,000 3,300 2.50 40 16592 12 -15 - 99 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors II THRU: John R Riley, Jr., County Administrato FROM: Eric R. Lawrence, Planning Director RE: Charming Drive Master Development Plan DATE: March 18, 2004 Staff has received a request to consider enabling individual development revisions to the Channing Drive Master Development Plan. The Channing Drive MDP is currently a single approved Master Development Plan encompassing the entire 374 acre development project; the project entails three separate developments (subdivisions): Lynnhaven, Sovereign Village, and the Fu-Shep tract. It is through the adoption of the resolution that the three individual developers/property owners would be enabled to submit MDP revisions for their particular projects without acquiring the applicable approval signatures from each of the other two developers. .Vhen Rezoning # 15-99 for Channnng Drive was approved by the Board of Supervisors on December 8, 1999, a number of proffered conditions were also accepted. One of these proffered conditions addressed the construction of the major collector road named Channing Drive. In an effort to implement this proffered condition, the three original property owners/developers submitted a single master development plan (MDP #08-00) to the County. This MDP provided a phasing system whereby portions of the major collector road would be realized as adjacent development was constructed. This approved MDP essentially provided the assurances that the proffered road would be constructed as new traffic -generating uses (residential and commercial) were developed. The approach that has been suggested to staff is that if the entire Charming Drive major collector road segment is designed, right-of-way dedicated, and its construction is guaranteed, then it may be appropriate for the County to consider individual revisions to the previously approved Master Development Plan. This would not eliminate the requirements of the MDP, but would merely enable revisions to each development as its respective developer/land owner felt appropriate. 107 North Kent Street • Winchester, Virginia 22601-5000 Adoption of the attached resolution would enable the three developers to proceed with Master Development Plan revisions, which would be reviewed independently of one another. As noted in the resolution, the major collector road known as Charming Drive would need to be dedicated and its construction guaranteed prior to the approval of the master development plan revisions. Please contact staff should you have questions concerning this resolution. Attachment 0 b�`oo COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 29, 2004 Manning & Ross Developers, LLC PO Box 27 Winchester, Virginia 22604 Lynnhaven LC 112 N Cameron Street Winchester, Virginia 22601 Fu-Shep Farm Partnership 405 Briarmont Drive Winchester, Virginia 22601 RE; Channing Drive Master Development Plan MDP 408-00 Dear Gentlemen: On March 23, 2004, the Frederick County Board of Supervisors adopted a resolution which pertains to the Channing Drive Master Development Plan. Specifically, the adoption of this resolution enables the three developers to proceed with Master Development Plan revisions, which would be reviewed independently of one another. However, I would note that the major collector road known as Channing Drive would need to be dedicated and its construction guaranteed prior to the approval of any of the master development plan revisions. The adopted resolution has been attached for your information. Please contact me with questions concerning this letter. c'R' Lava#-ence, AICP Director Attachment: Resolution cc: //Iohn R- Riley, Jr., County Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To consider individual master development plan revisions of Master Development Plan 908-00 for Channing Drive, for the three developments within the 376-acre project, following the dedication and guarantee assuring the construction of the road known as Channing Drive. Action: BOARD OF SUPERVISORS: March 23, 2004 lb APPROVED ❑ DENIED WHEREAS, Rezoning 415-99 of Charming Drive was submitted to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General) with the proffers submitted by the applicant. This property is located on the north side of Senseny Road (Route 657), on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights Subdivisions, and is identified with Property Identification Numbers 55-A-206, 209, 211, 213 & 65-A-30, 31, 39, 40 in the Red Bud Magisterial District. WHEREAS, Rezoning #15-99 of Channing Drive was adopted by the Frederick County Board of Supervisors on December 8, 1999, and WHEREAS, Master Development Plan#08-00 of Chinning Drive was adopted by Frederick County on December 5, 2001 and such master development plan illustrated planned and coordinated land uses and infrastructure improvements for the entire 376-acre site, and WHEREAS, the current three development owners were party to or have assumed the original Master Development Plan, which arose as a request of those three property owners and/or their predecessors, and WHEREAS, the County was requested to consider each development separately to enable revisions to the Master Development Plan by the individual developments, and WHEREAS, a key element of the Master Development Plan was the coordinated effort to construct Channing Drive as a major collector roadway, and WHEREAS, the dedication of Channing Drive and the guarantee of its construction would achieve an intent of the Proffered Conditions with the Rezoning; THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the three developments within the 376-acre development project following the dedication and improvement guarantee for Channing Drive. • • Passed this 23rd day of March 2004 by the following -recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Aye W. Harrington Smith, Jr. Aye Barbara E. VanOsten Aye Lynda J. Tyler Ave Bill M. Ewing Ave Gina A. Forrester Aye A COPY ATTEST i John R j ey, Jr. Frederi County Administrator Resolution No.: 054-04 LAWSON AND SILEK, P.L.C. - 160 F=Tm DRm, SunE 103 PosT Omm Bax 2740 W¢NcR, VA 22604 50 u F.Acsnmmv (540) 7224051 June 2, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Re: Manning and Ross Builders Our File No. 860.001 Dear Kris: This is a follow up to our meeting of May 31, 2006 involving you, Eric Lawrence and Mark Cheran on behalf of Frederick County, David Madison, Greg Bancroft and me on behalf of Manning and Ross, and Ben Butler on behalf of QR, LLC/Denver Quinnelly. During the meeting we discussed the proffers for the Sovereign Village subdivision and what appears to be the last two outstanding issues: the completion of Charming Drive and agreement on the Community Center. As we discussed in the last meeting, it maybe best to consider each of these remaining items separately because the project is complex with multiple property owners and proffers which do not prescribe a specific timetable on the completion of the projects. During the meeting, we confirmed another section of Charming Drive has been completed and is ready to be dedicated. This is the portion that runs from the Arcadia development to the south, into the Sovereign Village development and in the direction of Senseny Road. With the completion of this section of road, there is now a public street connection between Senseny and Valley.'M ll. We all recognize that road network completion is significant and it provides the connection that was a desire of the developer and the County when the original proffers and rezoning were accepted. During our meeting we also discussed what remains for the completion appears to be the last two segments of Changing, mainly the piece that runs through the Bean property and immediately ---adjacent toMann�mgand -n—nt ii ly undevel and me segmen-ToTroMruns mrougn the middle of the commercial properties owned by Manning and Ross and Lynnhaven (John Scully). We talked about those segments of roads and the fact that there remains a significant amount of residential and commercial development value that lies on either side of those segments of Changing Drive and all agreed that under the existing proffers, those two segments of Changing Drive will in fact be completed. As always, the question has been timing for the completion, but we believe with Ffaxrr HGrwa.ADD"=: PONT Omcs sac sae, Fm a 1-+'A1. vHmGB 226306Ta� (540) 633-94M FACCU� (540) 635 Ml. F� FADWAXADoa ;14M MAM SrnaT.5MM Zft FAMrAS.Y=GaM22*M,TUXrH0e (W)34-2613.F, Cf��357-41f6.S.f�u¢: 7NOFfAeO.I.�waoHQPatLpltsvci ,r 0 • f Mr. Kris Tierney June 2, 2006 Page 2 the connection that now exists between Senseny and Valley Mill, the pressure to immediately deliver Channing is off. QR and Manning and Ross are asking that the Deed of Dedication of the segment of Channing that has been built be accepted by the County and with that the lots that adjoin be allowed to be developed and built upon. There appears to be quite a bit of history relating to the Community Center. As I understand it, Manning and Ross had proposed a multiplex project on their property and had agreed to construct Channing Drive as part of the orderly development of this new multiplex development. The multiplex proposed would not exceed the total density allowed for the Manning and Ross section of Sovereign Village. It was created to address a perceived demand for a different type of unit. In response to a draft Master Plan that had been submitted to the County in furtherance of this multiplex project, the County amended the ordinance dealing with open space and rec unit requirements. Unfortunately, the text that was submitted had a flaw in it in that triggered a recalculation of the open space requirements for the existing plans (including lots that had been sold to third parties), placing an excessive and disproportionate rec unit requirement on this new multiplex project. At the meeting, Manning and Ross agreed it would be interested in reviving that multiplex master plan and included specifics about the construction of the Community Center, as well as the remainder of Charming Drive. There must be work done, however, on the rec unit requirement to make this possible. I believe work can and should be done, but it will take a considerable amount of time and, in the interim, the dedication for the portion of Channing that has been completed waits. Accordingly, the landowners would recommend that we work with the County to revise the ordinance or come up with some other accommodation with regard to the rec unit calculations, but in the interim that the Deed of Dedication be accepted and the lots that front on the nearly completed Charming Drive be allowed to be developed and built upon. As always, I thank you for your assistance and cooperation. If you have any questions or comments, please do not hesitate to give me a call. Very TML:cmh cc: Manning and Ross Builders Benjamin M. Butler, Esquire COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 14, 2006 Ty Lawson, Esquire Lawson and Silek, P.L.C. 160 Exeter Drive, Suite 103 Winchester, Virginia 22603 Benjamin M. Butler, Esquire Kuykendall Johnston McKee & Butler P.L.C. 112 S. Cameron Street Winchester, Virginia 22601 RE: Channing Drive: Lynnhaven and Sovereign Village developments Dear Ty and Ben: `� s F '! t ' �y{? irk Thank you for meeting with Kris Tierney, Mark Cheran, and me on May 31, 2006, to discuss the progression of the Charming Drive developments (Lynnhaven and Sovereign Village). I believe we had a fruitful meeting, and now better understand the various issues from each of our vantage points. The most significant issues appear to relate to the completion of the Channing Drive road improvements and the recreation center. Staff is also prepared to work with. each of your development teams to facilitate revisions to your respective master development plans when each is sought. At the conclusion of our meeting, county staff indicated our intent to meet with various County officials to apprise them on the development. In preparation for this meeting, your development teams offered to provide county staff with:' (1) a letter summarizing our May 31, 2006 meeting, and offering a commitment to bond the unimproved portions conjunction with approval of a. revised MDP; (2) a preliminary Master Development Plpn revision for Sovereign Village which wouldc introduce multiplex_ housing type;.and (3) a three -party agreement to address the provision of righf-of-way by each party and the construction responsibilities for the remaining portion of the Charming Drive road improvement. As of June 13, 2006, I have not received all of these materials. The County is in receipt of a letter from Mr. Lawson, dated June 2, 2006, which s nim2riz .s somfnf the issues from the May. 31. 2006 meet„.ina. The 1ettP-.r-does, got address the commitment to bond outstanding improvements associated with Channing Drive, an element the County understood would be addressed in response to our May 31, 2006 meeting. ' Additionally, I would note that the recreation center is a proffered community amenity and _ is not directly associated with a revised MDP as suggested in this June 2, 2006 letter. While we believe the recreation center could be enhanced as part 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Ty Lawson, Esquire Benjamin Butler, Esquire Re: Channing Drive June 14, 2006 Page 2 of an open space reduction effort, it's important not to overlook that the recreation center was proffered with the rezoning. Mr. Lawson's letter seeks an amendment to an open space ordinance to correct a `flaw' iri the ordinance text. As discussed on May 31, 2006, it is expected that Manning and Ross provide county staff with their revised master development plan. Staff continues to offer to work with the development team, review the revised MDP, and determine the quantity of additional recreation units that would be required, and how such additional recreation units might be incorporated into the proffered recreation centers As of June 12, 2006, the revised MDP has not been provided to County staff. Until the MDP review and subsequent discussion occurs, it is inappropriate to consider an ordinance text amendment as suggested in Mr. Lawson's letter. As discussed, the three -party agreement suggested by the development teams would delineate the process by which the Channing Drive road improvements would be completed. And more importantly, the agreement would acknowledge a working relationship between the developers and their willingness to execute the necessary documents when the road dedication was necessary. As of June 13, 2006, I have not received the three -party agreement. We look forward to receiving the three items as discussed on May 31, 2006. Once in receipt of these materials, we will proceed with the appropriate MDP review and apprise the County officials with the development's efforts to address the road and proffered recreation center construction commitments. We look forward to working with your development teams on this project. Sin rely, E c R. Lawrence Planning Director cc: QR Development - Lynnhaven Manning and Ross Developers — Sovereign Village Kris Tierney, Assistant County Administrator Mark Cheran, Zoning and Subdivision Administrator ERL/bad r1 U 9 LAWSON AND SILEK, P.L.C. 160 FxETER DRIVE, SUITE 103 POST OHFmcE Box 2740 WRNCnESTER, VA 22604 lWzrRom: (540) 665-0050 FACSIMILE: (540) 7224051 June 22, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: THOMAS MOORE LAWSON . TLAWSONOLSPLC.COM Re: Manning and Ross Builders Our File No. 860.001 I am in receipt of a letter dated June 10 sent from Eric Lawrence on behalf of the Planning and Development Department of Frederick County, which was a follow up to our meeting of May 31 St and my letter of June 2, 2006. To keep everyone in the loop, I am copying all of those copied on the June 14th letter. Also, I have had the opportunity to share the June le letter with my clients. While we are pleased to continue the dialogue concerning the issue surrounding the Sovereign Village development, the proffers associated with Channing Drive, the community center and various requests for Master Plan amendments, I am confused by Eric Lawrence's letter. I understand the County's desire to give specific delineations of the process by which proffered components of Sovereign Village are delivered, but I believe it is clear that the proffers provide for the delivery of those component pieces. Further, while I do not disagree that an amended Master Plan process may be the mechanism for tying up all remaining loose ends to include a specific timetable for the construction of Channing Drive and a community center, I do not think it is appropriate to hold up existing property where proffered improvements have been delivered and, in specific cases, where Channing Drive has been fully constructed. My letter of June 2°d described a process which acknowledged the completion of segments of Channing'Drive, which should allow for a connection between Senseny and Valley Mill Roads consistent with the rezoning and proffers to allow for the issuance of building permits. Those permits would be before the property owned by QR Development/Denver Quinnelly, and also byManning & Ross. To that end, in addition to my letter, I forwarded to you an Easement Agreement, which had been drafted to be executed by all parties in interest to assure a clear path toward the completion of Charming Drive in areas where it is not yet constructed. FRONTROYALADDR -. Posr oFm=Box602,FAnM RaMA1,Vmawm22636,TUXM0W--(540)63=: 5-9415.FACMW(540) 635-9421'E- u '.�x*CtIXcotmT.crM FAmrAxAT Va . I0405 MAOY STRccr, Sv 200, TAm Ax, VMGUAA 22030,jYA" ONc: (703) 352-2615, FAMmms: (703) 35241". E-MAu.:THOK SO.Lnws r4gy K-Nvr • • Mr. Kris Tierney June 22, 2006 Page 2 With regard to the Master Plan amendment, this is to confirm that Manning & Ross has previously submitted an amended Master Plan, which provided as one of its components the bonding and construction of the remainder of Channing Drive. As you know, that Master Plan never made it out of Planning because of an ordinance interpretation that required the construction of a multi- million dollar community center. In our last meeting, all agreed, including representatives of Frederick County, that assuming it was even possible to deliver a multi -million dollar community center, that it would not be in the interest of the community and it would not be something that could be maintained by the Homeowners' Association. Accordingly, at our meeting of May 31 ", it was agreed that Manning & Ross would prepare a revised Master Plan to provide for the construction of Charming Drive, provided some agreement or ordinance revision could be reached to allow for a reasonable community center in a size suitable for the Sovereign Village community. I had thought in our meeting of May 3 1 " we had all agreed that the preparation of that Master Plan and the amendment of any relevant ordinance would take an extended period of time and that it would not be proper to hold from development the existing lots, which are ready to go forward due to the recent construction of Channing Drive. From my read of Mr. Lawrence's letter, however, it now appears we did not have an agreement and the County is suggesting that everything within the Sovereign Village development will be held up until such time as the Master Plan and text to that have been submitted, reviewed and approved. Please review your notes of the meeting, as well as the enclosed and referenced correspondence and let me know how Frederick County intends to proceed. I continue to submit that the lots that lay adjacent to the newly completed sections of Channing Drive should be permitted and allowed for development. My clients have authorized me to state in writing that as a second step to this process they will re -submit their amended Master Plan and they will provide for the completion of the remainder of Charming Drive. I had thought we had the commitment of the County to work to create an ordinance that allows, and calls for, the construction of a reasonable community center. Thank you for your continued assistance and cooperation. If, after you have reviewed the enclosed, you would like to meet to discuss these issues further, please give me a call. TML:atd cc: Manning & Ross Builders Benjamin M. Butler, Esquire Eric R. Lawrence, Planning Director Mark Cheran, Zoning and Subdivision Administrator CNAN,U<.clL, XiCljg IIIJy -�>, rr hs1<h InDA, LAWSON AND SILEK, P.L.C. 160 ExETER DRIVE, Su[TE 103 Pos[ OmcE Box 2740 W iNcEwmR, VA 22604 TELEPHONE: (540) 665-0050 FACsimi E: (540) 7224051 June 28, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: JON 2 g 2006 THOMAS MOORE LAWSON • TLAWSONna,LSPLC.COM Re: Manning and Ross Builders Our File No. 860.001 I am in receipt of Ben Butler's letter dated June 20, 2006, which was sent by mail and unfortunately not received by this office until a day ago. Attached is another letter from me, which had been drafted before Ben's letter and circulated for review, comment and approval by my clients and others, which was to be a response to Eric Lawrence's letter of June 14, 2006. Unfortunately, it appears that due to the parties' failure to communicate in person, by telephone or by fax that we now have a series of correspondence which are crossing in the mail and that I believe are creating more confusion and less remedy to the problem at hand. Ben Butler's letter of June 20'h touts it encloses a copy of the Easement Agreement, which had been drafted and agreed to between QR Development, L.L.C., Lynnehaven, L.C., and Manning & Ross Developers, LLC. As you know from my conversations and communications some time prior to June 20"', you already had a copy of this Agreement in your file. You have a copy of that Agreement because I forwarded it to you via e-mail on June 16, 2006. My understanding was that the County intended to review that draft Agreement and decide whether it was in an acceptable form to the County and/or if the County wanted to be a party to the Agreement. Manning & Ross was willing to sign the Agreement back when it was drafted and it continues with that intention. As I understand it, the only issue remaining is whether the County also wants to be a party and, therefore, the Agreement needs to be amended. I leave that in your hands. Ben Butler's letter further states that there is a Deed of Dedication, which needs to be executed by Manning & Ross to allow a formal dedication of that portion of Channing Drive, which has been completed adjacent to the Arcadia development. In point of fact, that Deed of Dedication has been executed by Manning & Ross. I have previously advised Mr. Butler of Manning & Ross' willingness to dedicate the road for some time and my only comment to the draft Deed of Dedication F.Ox1 ROrwt, ADDR86t: P- 6 Om¢ Bm 602, F6oxi Pa Ax V me 22630, T=ac Ot : (540) 6319415, FAcS i (540) 635A421, E-M fOlJCJ@ixmccota+ccr.com FAu ADo— 10605 Nl z S1x —. S� 200, FA 'I V-GV 22030, TLI.e11101Y[: (703) 352-2615. FAQ. •: (703) 352-41", Ea iw T.-303 Lwwso++Qve­ Mr. Kris Tierney June 28, 2006 Page 2 was my belief that for a Dedication to be complete, it needs to be accepted by the public body and the form document needed to be amended to reflect the acceptance of the dedication by Frederick County and also the approval of the form of the document by the County Attorney. I understand that within the last two days, the Deed of Dedication has been amended to incorporate those two revisions and accordingly, Manning & Ross has executed the Deed of Dedication. Finally, I do believe that everyone is in agreement that with the dedication of the portion of Channing Drive adjacent to the Arcadia development that the QR development Section 3 and the Manning & Ross development Section 4 need to be approved for building permits by Frederick County. I believe this is consistent with the proffers and rezoning that was approved back when Sovereign Village was accepted by the County. I also agree that there will need to be an amended Master Plan prepared by Manning & Ross to address the sections of its property yet to be developed and that the Master Plan will need to specifically spell out the incompletion of Channing Drive, those areas that border Manning & Ross, coordination of the completion of Channing Drive and the portions of the property that border Lynnehaven and/or QR Development, and also provide for the size, shape, and completion date of a community/recreation center. As I point out in the attached letter, there will also need to be some work on the ordinance to address this community/recreation center in advance of the filing of that Master Plan. All in all, and as we have said on numerous occasions, this is a process that will require steps, and I believe we are well on our way to completing those steps. Also, we firmly believe, however, that any finger -pointing is counterproductive and may well lead to the undoing of the cooperation that is being developed. Accordingly, I am strongly suggesting to all those in receipt of this letter that we keep this in mind. Thank you for your continued assistance and cooperation. Should you have any questions, please do not hesitate to give me a call. TML:atd \ cc: Manning and Ross Builders Benjamin M. Butler, Esquire Eric R. Lawrence, Planning Director Mark Cheran, Zoning and Subdivision Administrator Richard Shickle, Chairman of the Frederick County Board of Supervisors 0 3 2l�08 January 3, 2008 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Site Plan Comments — Sovereign Village Section 2D Frederick County, Virginia Dear Mr. Pennington: COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 Upon review of the site plan received October 9, 2007, we offer the following comments: 1. Provide a stabilization plan for all the slopes which are greater than 3:1. Areas which have fill slopes steeper than 3:1 shall have a slope stability analysis performed. 2. Provide outlet protection dimensions and calculations in accordance with VESCH handbook Std. 3.18 and provide the details on the plans. 3. A more detailed site plan shall be submitted for each lot, which will include the actual footprint of the proposed house, at the time of the building permit application. Once these comments have been addressed, submit one (1) copy of the plans for further review. Sincerely, YC- Joe C. Wilder Deputy Director JC W/mlr cc: Planning and Development file wv*�- MViL 107 North Kent Street • Winchester, Virginia 22601-5000 61 0 M flu COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 July 12, 2007 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Revised MASTER DEVELOPMENT PLAN #01-07 FOR SOVEREIGN VILLAGE Applicable to PIN(s) 65-A-39, 65-A-39A, and 65-A-40 Dear Mr. Wyatt: Frederick County administratively approved the above -referenced revised master development plan on July 10, 2007. This final master development plan is approved to enable the development of 166.1 acres in the RP (Residential Performance) and B2 (Business General) Zoning Districts within the Red Bud Magisterial District. This site is approved for residential and commercial land uses as depicted on the plan. The residential uses would include: 216 Single Family Detached Urban lots; 42 Single Family Detached Zero Lot line lots; and 64 Multiplex lots. The properties are located northeast of the intersection of Senseny Road and Channing Drive. Per statements on the revised MDP, the remaining portion of Charming Drive (from Farmington Blvd to Canyon Road) will be constructed and open to the public within 12 months of this MDP approval. Therefore, this road shall be open to the public no later than July 9, 2008. The County has received the associated right- of-way dedication and monetary guarantee associated with this section of Channing Drive. Additionally, the revised MDP states that the proffered recreation center will be constructed within 24 months of the MDP approval. Therefore, this recreation center shall be completed by July 9, 2009. Your six copies of the approved plan were presented to you on July 10, 2007. Feel free to contact me if you have any questions. Si erdly, Eric R. Lawrence, AICP Planning Director ERL/dlw cc: Phil Lemieux, Red Bud District Supervisor Chris Mohn and Greg Kerr, Red Bud District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Manning and Ross Developers LLC Joe Wilder, Dept. of Public Works 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • • a Sn FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 May 14, 2007 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REVISED MASTER DEVELOPMENT PLAN #01-07 FOR SOVEREIGN VILLAGE Dear Evan: The Frederick County Board of Supervisors granted staff administrative approval authority for the above referenced Revised Master Development Plan on May 9, 2007. Your firm will need to submit a Final Revised Master Development Plan for this project which addresses all review agency comments, as well as all comments of the Planning Commission and Board of Supervisors. Please note that this MDP will not be administratively approved until the Channing Drive right-of-way is dedicated and bonded. Our department will provide your firm with administratively approved copies of this plan once these issues have been addressed. If you have any questions regarding the approval of this master plan or requirements needed for submission of your Final Master Development Plan, please do not hesitate to call me. Sincerely, Candice E. Perkins Planner II CEP/bad cc: Manning and Ross Developers, LLC, PO Box 27, Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Eric Lawrence From: Sent: To: Subject: Hello Ms. Leonardis. Eric Lawrence [elawrenc@co.frederick.va.us] Thursday, May 10, 2007 11:46 AM 'Joanne Leonardis' RE: Sovereign Village I would offer the following responses to your inquiries. "Have we ensured the pool and rec center are large enough to support the Population in the surrounding area?" *** The proffered recreation center (from the rezoning proffers in 1999) states that ".. This recreation center shall have a floor area of at least 3,000 square feet and shall include a pool and an outdoor multi -purpose playing court...". "Have we ensured the unfinished trail system be completed with asphalt and not wood chip?" *** The proffered trail system (from rezoning proffers in 1999) states that the trails shall be "...six feet wide with a wood chip or mulched surface... ". The applicant has upgraded the trail along Channing Drive to be asphalt (included on revised MDP). "Will there be landscaping and buffers to help with the transition of multiple housing types?" *** There will be landscape screening placed between the Zero Lot Line and the Multiplex housing types. This landscaping will consist of a double row of evergreen trees (4-ft tall at planting), planted at 8-ft maximum separations. When mature this landscape screening should screen the multiplex units from the existing single family urban lots and the proposed Zero Lot Line units. Additionally, there will be another buffer between the Multiplex units and the commercial area. "Have you seen a signed contract between M&R and Mr. Ganse?" *** No Please contact me should additional information or clarification be necessary. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc@co.frederick.va.us http://www.co.frederick.va.us/PlanningAndDevelopment/PlanningAndDev.htm www.co.frederick.va.us -----Original Message ----- From: Joanne Leonardis [mailto:parksnpaths@hotmail.com] Sent: Thursday, May 10, 2007 9:46 AM To: elawrenc@co.frederick.va.us Subject: Sovereign Village 1 0 Good morning Mr. Lawrence, With so much concentration on getting the revision rejected, we did not look at the opportunity to fine tune some items if it was passed. Have we ensured the pool and rec center are large enough to support the population in the surrounding area? Have we ensured the unfinished trail system be completed with asphalt and not wood chip? Will there be landscaping and buffers to help with the transition of multiple housing types? Have you seen a signed contract between M&R and Mr. Ganse? I appreciate your answers to all these questions and I appreciate all the hard work you do for this county. Thank you, Joanne Leonardis "A thriving park is the heart of a community, sidewalks and paths it's arteries." Make every IM count. Download Messenger and join the I'm Initiative now. It's free. http://im.live.com/messenger/im/home/?source=TAGHM—MAY07 2 0 We are seeking support in opposition to Sovereign Village Master Plan Revision 01-07. The revision calls for the addition of 64 multiplex units and 42 zero lot line homes in the Sovereign Village Subdivision. The original Master Plan called for 362 detached single-family homes. The original proffer prohibits townhouses and apartments, but did not exclude multiplexes, as they did not exist in the Frederick County code at the time of rezoning. The only difference between a multiplex and townhouse/apartment is that the multiplex requires a slightly larger lot. The multiplex can range from efficiency to four plus bedrooms in size. No information in terms of square footage or renderings of what a multiplex may look like has been provided. Several members of the Board of Supervisors of Frederick County claim to be in favor of the Master Plan revision because the applicant, Manning and Ross, have promised to complete Channing Drive if it is approved. It is important to note that Manning and Ross have made countless other "promises". They "promised" the residents of Sovereign Village a well -planned community of detached single-family homes. They "promised" a community with a recreation center and pool, available to the entire area. Last, but not least, the completion of Channing Drive is already in the original proffer. Furthermore, the Board of Supervisors passed a resolution in 2004 stating .that no Master Plan'in the Channing Land Bay proffer could be revised until the dedication of right a way to the county for Channing, and the cash bond for the completion of Channing were received by the county. Based on resolution number 054-04, this matter should not even be at the Board of Supervisors, as the applicant has fulfilled neither of the prerequisites. The revision was tabled for forty-five days at the Planning Commission Meeting on March 7. The Planning Commission unanimously rejected it on April 18 for not meeting the harmony of the already established surrounding neighborhoods. The revision is now scheduled to go before the Frederick County Board of Supervisors on Wednesday, May 9. Please keep in mind that even if you do not reside in Sovereign Village, you will be directly affected if this revision is approved. If you are currently living in a development that is not completed, you are at risk with this decision of the Board. If they side with the developer, who does not live in the area, and has no long term interest in the type of neighborhood he leaves in his wake, then the precedent has been set for ALL developers to alter their master development plan to suit their preference, regardless of what was promised at the time of purchase of your home. Sovereign Village is not a new subdivision. Over 160 detached single-family homes have already been built and sold with the promise of "more of the same" to be built on the undeveloped land. Kirk and Heather Matthews 100 Wickham Terrace Winchester, VA 22602 540-545-2046 a • S\ y u.; RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS 4DTo consider individual master development plan revisions of Master °K c , Development Plan #08-00 for Charming Drive, for the three developments I� within the 376-acre project, following the dedication and guarantee assuring the construction of the road known as Charming Drive, Action: BOARD OF SUPERVISORS: March 23, 2004 APPROVED ❑ DENIED WHEREAS, Rezoning # 15-99 of Charming Drive was submitted to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General) with the proffers submitted by the applicant. This property is located on the north side of Senseny Road (Route 657), on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights Subdivisions, and is identified with Property Identification Numbers 55-A-206, 209, 211, 213 & 65-A-30, 31, 39,40 in the Red Bud Magisterial District. WHEREAS, Rezoning #15-99 of Channing Drive was adopted by the Frederick County Board of Supervisors on December 8, 1999, and WHEREAS, Master Development Plan #08-00 of ChanningDrive was adoptedby Frederick County on December 5, 2001 and such master. development plan illustrated planned and coordinated land uses and infrastructure improvements for the entire 376-acre site, and WHEREAS, the current three development owners were party to or have assumed the original Master Development Plan, which arose as a request of those three property owners and/or their predecessors, and WHEREAS, the County was requested to consider each development separately to enable revisions to the Master Development Plan by the individual developments, and WHEREAS, a key element of the Master Development Plan was the coordinated effort to construct Charming Drive as a major collector roadway, and WHEREAS, the dedication of Channing Drive and the guarantee of its construction would achieve an intent of the Proffered Conditions with the Rezoning; THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the three developments within the 376-acre development project following the dedication and improvement guarantee for Channing Drive. Passed this 23rd day of March 2004 by the following -recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Aye W. Harrington Smith, Jr. Aye Barbara E. VanOsten Aye Lynda J. Tyler- Ave Bill M. Ewing Ave Gina A. Forrester Aye A COPWATE , V, Z-1 John Rj Rfie'y", Jr. Frederi County A 'nistrator Resolution No.: 054-04 wCDV �raa COUNTY of FREDERICK Department of Planning and Development 5401665.5651 FAX: 5401665-6395 TO: Frederick County Board of Supervisors TTHRU: John R Riley, Jr., County Administrato'f j� FROM: Eric R. Lawrence, Planning Director �J`J RE: Channing Drive Master Development Plan DATE: March 18, 2004 Staff has received a request to consider enabling individual development revisions to the Charming Drive Master Development Plan. The Charming Drive MDP is currently a single approved Master Development Plan encompassing the entire 374 acre development project; the project entails three separate developments (subdivisions): Lynnhaven, Sovereign Village, and the Fu-Shep tract. It is through the adoption of the resolution that the three individual developers/property owners would be enabled to submit MDP revisions for their particular projects without acquiring the applicable approval signatures from each of the other two developers. When Rezoning 415-99 for Channing Drive was approved by the Board of Supervisors on December 8, 1999, a number of proffered conditions were also accepted. One of these proffered conditions addressed the construction of the major collector road named Channing Drive. In an effort to implement this proffered condition, the three original property owners/developers submitted a single master development plan (MDP 408-00) to the County. This MDP provided a phasing system whereby portions of the major collector road would be realized as adjacent development was constructed. This approved MDP essentially provided the assurances that the proffered road would be constructed as new traffic -generating uses (residential and commercial) were developed. The approach that has been suggested to staff is that if the entire Channing Drive major collector road segment is designed, right-of-way dedicated, and its construction is guaranteed, then it may be appropriate for the County to consider individual revisions to the previously approved Master Development Plan. This would not eliminate the requirements ofthe MDP, but would merely enable revisions to each development as its respective developer/land owner felt appropriate. 107 North Kent Street • Winchester, Virginia 22601-5000 r Adoption of the attached resolution would enable the three developers to proceed with Master Development Plan revisions, which would be reviewed independently of one another. As noted in the resolution, the major collector road known as Channing Drive would need to be dedicated and its construction guaranteed prior to the approval of the master development plan revisions. Please contact staff should you have questions concerning this resolution. Attachment IMPORTANT - PLEASEI4TTEND What: Board of Supervisors Meeting When: Wednesday, May 9, 2007 at 7:15 PM Where: Board Room: Frederick County Administration Building 107 North Kent Street Why: There is strength in numbers! Please send at least one member from your household to show support for those speaking. in opposition to the master plan revision request that seeks approval for 64 multiplex units and 42 zero lot line homes to be built on land originally designated for detached single-family homes. This issue will require a landmark decision by the Board of.Supervisors as this is the first time that a master development plan has been so. drastically altered in an established subdivision: Of the 848 originally planned detached single-family homes, nearly 400 have been marketed and sold as such with the promise that the remainder of the development would consist of the same. Do not allow a dangerous precedent to be set in Frederick County. Let your elected Board of Supervisors know that their voting constituency will not stand for this. For more information'please visit www co.frederick.va.us. IMPORTANT - PLEASE ATTEND What: Board of Supervisors Meeting When: Wednesday, May 9, 2007 at 7:15 PM Where: Board Room: Frederick County Administration Building 107 North Kent Street Why: There is strength in numbers! Please send at least one member from your household to show support for those speaking in opposition to the master plan revision request that seeks approval for 64 multiplex units and 42 zero lot line homes to be built on land originally designated for detached single-family homes. This issue will require a landmark decision by the Board of Supervisors as this is the first time that a master development plan has been so drastically altered in an established subdivision. Of .the 848 originally planned detached single-family homes, nearly 400 have been marketed and sold as such with the promise that the remainder of the development would consist of the same. Do not allow a dangerous precedent to be set in Frederick County. Let your elected Board of Supervisors know that their voting constituency will not stand for this. For more information please visit www.co.frederick.ya.us. (, F( C,'7 TO: Members of the Planning Commission and Board of Supervisors FROM: Jack Lewis, Sovereign Village homeowner As the owner of a home in Sovereign Village, I am opposed to the proposed revision of the master development plan that would allow construction of multiplexes in our neighborhood. I have many reasons for my opposition, but perhaps none more to the point than the section of the county zoning code which I recently came across. Article VI, Chapter 165-62,Sec. D states as follows: "In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre." The plat maps accompanying this application for revision (Greenwood Engineering) contains a notation that the gross density of the multiplex project alone would be 5.6 units per acre-- not 4 but 5.6! This all seems pretty clear. The proposed revision appears not to comply with the zoning code and, therefore, cannot be recommended for approval. I have noted that when discussing the issue of density, both the Commission staff report and the statement made by the applicant's attorney refer only to the overall density of Sovereign Village should the multiplexes be built. They ignore what is the only relevant issue here and that is the gross density of the specific development in question — not the entire development but a section of it. That section in this case is the multiplex sites. Once again, the density factor for that section is 5.6 units per acre. When I inquired of the staff director, Eric Lawrence, why this was so — why it was they talked only about the density factor for the development as a whole and not of the specific section involved in this proposal — his response was that "this is the way we have always done it" and no one has ever questioned the validity of that approach until, maybe now. On the other hand, he explained, the Sovereign Village situation was "unique" in his experience. He could not recall another situation where construction of a different housing type was being introduced in conflict with the specifications of an approved master plan. In the past, if mixed housing was going to be allowed, it always was part of the original master plan itself If there is any question about the meaning of section D of Chapter 165-62, you might want to consult the definitions in Chapter 165-156. Two ways of calculating gross density are allowed — either for the entire development or, alternatively, a "section of a development," which is what is involved here and the only issue that is relevant. Beyond that, there is the statement of intent in Chapter 165-58, Section D which says, "While a mixture of housing types is allowed on a site, the intent is to use the master development plan and the other Article regulations (including 165-62D I might add) to place the different housing types on the site in a way that will protect the living environment of the new residents and the surrounding neighborhood. It is the intention of this article to clearly separate existing developments from new development with different housing types." For the reason cited, I ask that you offer or support a motion to recommend disapproval of this proposed revision. Your vote on this matter is important to us home owners and we will be watching closely. Another part of the proposed revision is to give the developers an additional 24 months in which to fulfill their proffer of building a community recreation center and swimming pool. No justification is given for this extension of time or any explanation of what they can do in 24 months that they have failed to do in the six years since the proffer was made. But, I think we all know what is afoot here. The files are filled with letters between the developers and county officials alluding to various meetings and conversations on the subject of a significant scaling back of the required recreational facilities. In fact, a formal master plan revision was submitted to accomplish that goal, but later withdrawn. The only justification ever advanced for the scaling back of this proffer was that the homeowners could not afford to maintain the facility. I would dispute that assertion. But, to the extent that it is true the HOA is limited in its resources, maybe it's because the developers (improperly in my opinion) inserted into the covenants an exemption from assessments for all lots they own in Sovereign Village — currently more than 200 by my count. I say "improperly" because the exemption clause appears, at the time of its signing (Dec. 2001) and continuing to this day, to be not in compliance with Chapter 1 F5-34,Sec. B (4) that was adopted in 1990. It says: "All lot owners, including the developer, shall be assessed on an equal basis" for the cost of rr^;ntaining common elements wbidh; of ourse�--w-ould.includP the-er,-m-rater. This is a second reason for rejection of the proposed revision. I trust that this Commission will take note of these failures to comply with relevant sections of the code and return the proposed revision to the round file where it justly belongs. 0 Page 1 of 1 Eric Lawrence From: Kurt D. Pennington [kpennington@greenwayeng.com] Sent: Tuesday, March 06, 2007 7:36 AM To: Eric Lawrence Subject: RE: Sovereign Village Eric, Wetland permits issued by VaDEQ and USACOE are currently in place for the entire Sovereign Village/Lynnhaven/Channing Drive project areas. These permits were issued in December 2002 and are still active. Kurt From: Eric Lawrence [mailto:elawrenc@co.frederick.va.us] Sent: Monday, March 05, 2007 1:39 PM To: Kurt D. Pennington Cc: Candice Perkins Subject: Sovereign Village Kurt - Have all wetland permits already been secured for entire Sovereign Village project? I believe I'd previously heard that Channing Drive (the road) had secured all necessary wetland permits. Are there other areas within the project that need wetland permits, and have those permits been secured? Just trying to get information organized in anticipation of Wednesday's PC review of the revised MDP. Thanks for your assistance. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(d�co.frederick.va.us http://www.co.frederick.va.us/PIanningAndDeveloi)ment/PlanninciAndDev.htm www.co.frederick.va.us 3/6/2007 • • MASTER DEVELOPMENT PLAN #01-07 SOVEREIGN VILLAGE - REVISED Staff Report for the Board of Supervisors Prepared: May 1, 2007 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 03/07/07 Tabled by Planning Commission for 45 days Planning Commission: 04/18/07 Recommended Denial Board of Supervisors: 05/09/07 Pending LOCATION: The properties are located on Senseny Road (Route 657) east and adjoining the future Channing Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65-A-39, 65-A-39A and 69-A-40 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Residential and Vacant B2 (Business General) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) South: RP (Residential Performance) RA (Rural Areas) East: RP (Residential Performance) West: RP (Residential Performance) B2 (Business General) Use: Residential Use: Residential Use: Residential Use: Residential Use: Residential/Vacant Use: Vacant PROPOSED USE: 216 Single Family Urban Detached units and 42 Single Family Detached Zero Lot Line Units and 62 Multiplex Units, and 12 acres of commercial use. (*Overall density of 2.2 units per acre) MDP #01-07, Sovereign Viltage - Revised • May 1, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The revised master development plan dated October 5, 2006 for this property appears to have significant measurable impact on Route 657, the VDOT facility which would provide access to the property. VDOT offers the following comments: • VDOT has no objections to the proposed changes to the revised MDP. • VDOT is concerned that under Proffer #3-A, Signal Installation at Channing Drive and Senseny Road is controlled by the submittal of a commercial site plan. Currently there is little prospect of commercial development at this site in the foreseeable future. Therefore, VDOT would like to suggest as part of this MDP revision approval, the developer enter into a signalization agreement with VDOT to install the signal when traffic warrants are met. • Proffer #5 Paragraph D has been inaccurately marked as complete. The two turn lanes proffered for the intersection of Senseny and Greenwood Road have not been built nor has the monetary consideration been given to the Department. We would like this corrected. • Some of the items noted in the typical road plan no longer meet current VDOT standards. These details need to be brought into compliance as part of the site plan submittal. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: We do not have any comments regarding the minor revisions to the MDP for Sovereign Village dated October 5, 2006. Frederick County Sanitation Authority: No comment. Frederick County Inspections Department: No additional comments required at this time. Will comment on lots at the time of subdivision submittal. GIS Department: Young Court has been approved and added into the Frederick County Road Naming and Structure numbering system. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport and due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north-northwest. Special considerations will not be requested by the Winchester Regional Airport. Department of Parks and Recreation: Please find below the Parks and Recreation Department comments relative to the revised Master Development Plan for Sovereign Village: MDP #01-07, Sovereign Village - Revised • May 1, 2007 Page 3 • Plan appears to meet open space requirements. • The proposed Multi Plex Trail should be considered no more than a sidewalk and should not receive credit as a recreational amenity. If the six foot wide trail were to be expanded to encourage multi (a minimum of 10 feet in width), it could be considered a recreational facility. • For the credit requested, this department recommends the proposed gazebo be of commercial grade, on an approved slab, with a minimum of 380 square feet of interior space. • This department recommends the developer provide detailed information relative to the proposed Recreation Center. Specific information regarding the size, design and quality of the amenities to be included should be detailed at this time. • The monetary proffer does not appear to be adequate to offset the impact this development will have on the recreational services offered by the county. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 216 single family detached homes and 116 multiplex units will yield 47 high school students, 40 middle school students and 73 elementary school students for a total of 160 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Due to Channing Drive not being completed, transportation routes are being affected. Routes are being affected in the amount of time that students are on buses, which results in the inefficiency of both fuel and time. This also heightens our levels of risk and it becomes increasingly difficult to maintain a satisfactory level of safety. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will require the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The properties are located on Senseny Road (Route 657) east and adjoining the future Channing Drive. C) Site History 0 9 MDP #01-07, Sovereign Village - Revised May 1, 2007 Page 4 The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the acreage within the master development plan as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Channing Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. This property was originally Master Planned with MDP #08-2000 which was for the entire Channing Land Bay. The original MDP for the Channing Drive project included the developments now known as Lynnhaven, Twin Lakes, and Sovereign Village. A MDP specifically for the revised Twin Lakes development has been approved. Sovereign Village is now seeking approval of a MDP for their revised development. D) Intended Use The original MPD for the site depicted this portion of the Channing Land Bay as being developed with 362 single family urban detached lots, and is known as Sovereign Village. The new MDP for Sovereign Village shows the site as being developed with 216 Single Family Urban Detached Units, 42 Single Family Zero Lot Line units, 64 Multiplex units, and 12 acres of commercial land uses. E) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this MDP application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Sovereign Village development is located for residential land uses. The Sovereign Village project will develop with a density of 2.2 units per acre. The proffers from Rezoning #15-99 (Channing Drive) stated that townhouses, weak -link townhouses and garden apartments would be prohibited within the development. It is noted that a multiplex unit is a separate housing type listed in the Frederick County Zoning Ordinance and therefore would be a permitted housing type for the development. A multiplex is an attached residence having three to four dwelling units. Units may or MDP #01-07, Sovereign Villa e - Revised May 1, 2007 Page 5 may not have independent outside access. Units within multiplex structures may be arranged side to'side, back to back or vertically. Staff Note: The proposed multiplex units are not intended to be nor resemble townhouse type housing units, as townhouses are prohibited by the approved proffer statement. The MDP which was reviewed by the Planning Commission on March 7, 2007 contained 216 single family urban detached units, 116 multiplex units and 12 acres of commercial uses. The revised MDP for Sovereign Village shows the site as being developed with 216 Single Family Urban Detached Units, 42 Single Family Detached Zero Lot Line units and 64 Multiplex units. The revised MDP also shows the 12 acres of commercial land within the development in a different configuration than previously reviewed. The addition of the 42 zero lot line units provides more of a transition between the existing single family urban units and the proposed multiplex units. The zero lot line units are located along Rossman Boulevard, Canyon Road and Farmington. The multiplex units are now located between the B2 zoned portion of the property and the zero lot line units. A single family detached zero lot line unit is a single family unit on an individual lot with a lot size of 6,000 (minimum) to 7,000 (maximum) square feet (§ 165-65E). The units are required to be set back off of the road and rear property line by 25' and have a 10' maintenance easement at the side of the house. A copy of the restrictions on this housing type from the Frederick County Zoning Ordinance has been included in the agenda. Transportation: The MDP for Sovereign Village provides a commitment for the completion of Charming Drive from Farmington Boulevard to Canyon Road within 12 months of final approval of the MPD (built and open to the public). The MDP also states that this portion of Channing Drive will be bonded (and associated right-of-way dedicated) prior to the MDP receiving final signatures. Staff understands that the intent of the Sovereign Village MDP notation is to secure the completion of Channing Drive as soon as possible. As such, in order to achieve MDP approval, the development team will need to provide the County with a monetary guarantee ("letter of credit - LOC") and a Right -of -Way plat dedication for the outstanding portion of Channing Drive. These documents are necessary to obtain final MDP approval (signatures of the County Administrator and the Planning Director). The other portion of the road notation simply states that the developer will construct the road within 12 months of MDP approval; failure to do so, enacts the use of the bond for the County to construct the road. Once staff is granted administrative approval authority for the MDP by the Board, with road dedication and bond in hand, the MDP would be positioned for approval. The rezoning proffers for the development provided for the construction of Channing Drive as a major collector road as the road crossed the property. The developer of Lynnhaven has constructed the northern and southern segments of this proffered road. MDP #01-07, Sovereign VilPage - Revised May 1, 2007 Page 6 Via notes placed on the revised Sovereign Village MDP, the developer of Sovereign Village will be completing this proffered road. It is noted that the MDP for Sovereign Village also includes two new cul-de-sacs which were not part of the original Charming Drive MDP. The revisions to the road network are highlighted on sheet 3 of the MDP. Recreational Amenities: The MPD for Sovereign Village provides a note on sheet 3 that states that the proffered community center will be built within 24 months of final approval of the MPD. The community center is proffered to include a 3,000sf building, a pool and an outdoor multi- purpose playing court. Due to the lot size, the multiplex units are required to provide one recreational unit per 30 dwellings. The development will consist of 64 multiplex units and therefore will have to provide a minimum of 2.13 recreational units. As indicated in the table on sheet 3 of the MPD, the applicant is providing a total of 2.21 units for this area which will consist of a tot lot and park benches. F) Outstanding Issues The MDP for Sovereign Village needs to address the following issues: • Meets and Bounds should be provided on the MDP around the commercial portion of the property (12 acres). The meets and bounds need to be provided before the MDP will be administratively approved. STAFF CONCLUSIONS FOR THE 03/07/07 PLANNING COMMISSION MEETING: The master development plan for Sovereign Village depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #15-99. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/07/07 MEETING: The majority of the 21 citizens who spoke during the public comment portion of the meeting were residents in the Sovereign Village development, with a few residents from the Lynnhaven subdivision. Almost all who spoke said they based their decision on purchasing a home in Sovereign Village on the belief this was going to be a single -family -home neighborhood with a recreational center and a pool. They believed the developers marketed the homes and commanded prices based on the promises made with the original 1999 rezoning. The residents were opposed to the proposed multiplex units because they believed it would negatively affect the value of their homes, there would not be sufficient parking, and the increased traffic would create congestion and deteriorate the roads. Many of the residents had questions on what the proposed multiplex units would look like and how they differed from townhouses; they did not think multiplex units surrounded by single-family homes would be in harmony with the existing neighborhood. Others did not agree with more intense development on land with significant MDP #01-07, Sovereign Vila e - Revised May 1, 2007 Page 7 slopes and wetlands. One speaker asked everyone in the audience who was opposed to the MDP revisions to stand and about 75 people stood up. The applicant said the proposal calls for four residences or less per multiplex unit; there will be 116 multiplex residences total; the proposed density is 2.3 units per acre, the original density was 2.4 units per acre; the proposed revision will have a total of 332 residential units, the original called for 362 residential units, which is a reduction of 30 units; the projected number of school children under the revised proposal is 73, as opposed to the original 85 school children; the number of vehicle trips is reduced by 764 trips per day; the ordinance requires more than one parking space per residential unit; the proposed revision includes a time deadline on the completion of Channing Drive and the completion of the recreational center. In 'response to questions from the Commission, the staff reported that the proffers in the original rezoning do not have a time restriction for the completion of Channing Drive; but instead are based on a trigger mechanism, specifically, when building permits are pulled. The original proffer stated that before the County could issue the 474th building permit, Channing Drive would have to be completed from Senseny Road to Fieldstone. The staff reported that the County has issued approximately 390-392 building permits to date, which means there is another 84 building permits that can be pulled prior to having the road built. The proffer also states the developer would provide a 3,000 square -foot recreation center with an outdoor multipurpose playing court and a swimming pool; however, there is no trigger as to when this would be constructed. The staff reported that the proposed MDP revision introduces a timing mechanism which previously did not exist and provides assurance the recreational center would be built within 24 months. 'Commission members inquired about the off -site transportation improvements made with the original rezoning. Staff reported that contributions have been made for signalization at Senseny and Greenwood Roads; and as improvements occur at Senseny and Greenwood Roads with the Food Lion project, turning lanes will be installed. Although not within the proffer, a signalization agreement has been signed with VDOT for a traffic signal at Rossman Boulevard and Senseny Road. Staff added that the difference between a multiplex unit and a townhouse unit is with dimensional requirements; the minimum lot size for a two or three bedroom townhouse is just under 2,000 square feet and a multiplex is about 3,000 square feet. Commission members understood the dismay expressed by Sovereign Village residents who purchased their home with the understanding that Sovereign Village would be a single-family residential community with a recreation center and pool. Commission members also understood the concern expressed by residents that without having an adequate description of what the multiplex units would look like, the units could take on various forms and they could not be certain about what they were going to get. Commissioners recognized the importance of the issue of harmony and compatibility through all stages in the development process. Some members were not convinced, however, that some form of multiplex unit couldn't be compatible in a higher end, singe -family detached community. For that reason, they wanted to see more details about the units proposed. Other members of the Commission did not think it was beneficial to change the housing type for the benefit of a quarter mile of road, which could be completed through other future developments. A motion to table MDP #01-07 for 60 days was made and seconded to give the applicant time to come back with more information on what the multiplex units would look like. This motion failed by a tie vote. MDP #01-07, Sovereign Village - Revised May 1, 2007 Page 8 A second motion was made and seconded to deny MDP #01-07 of Sovereign Village. This motion failed by a majority vote. A third motion was made and seconded to table MDP #01-07 for 45 days. This motion passed by a majority vote. At this point, recommendations were made by the Commissioners about the elements they wanted to see when the applicant came back to the Commission. Although not a part of the motion, Commissioners said they would like to see architectural and elevation details of the multiplex housing type, buffering details, and triggers, or any other concepts the developer is willing to provide to convince the homeowners this is a better plan than the previous one. (Note: Commissioners Watt, Ours, and Kriz were absent from the meeting.) UPDATE FOLLOWING THE 03/07/2007 PLANNING COMMISSION MEETING: In an effort to address concerns raised at the Planning Commission meeting, the applicant has revised the Master Development Plan to establish a transitioning housing type between the existing single family dwellings and the multiplex units. The introduction of the detached zero lot line housing type within the development assists in reducing the impacts of that the multiplex units would have on the single family detached urban dwellings. STAFF CONCLUSIONS FOR THE 04/18/07 PLANNING COMMISSION MEETING: The master development plan for Sovereign Village depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #15-99. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. i PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The applicant's representative, Mr. Thomas Moore (Ty) Lawson, P.C. stated that the latest revision was in response to comments made by residents at the March 7, 2007 Planning Commission meeting. He said the revised MDP places single-family. detached homes on Rossman Boulevard, so the viewshed for existing homeowners on the constructed side of Rossman Boulevard will be single-family homes. In addition, the revision incorporates 62 multiplex units, 42 single-family zero lot line units, and 216 single-family detached units, which results in a ten -unit reduction from the previous proposal. Mr. Lawson added that this MDP revision stipulates that Charming Drive will be bonded immediately and constructed within 12 months, and the recreation center will be built within 24 months. Seventeen residents of the Sovereign Village development spoke in opposition to the proposed revisions to the MDP. All who spoke believed the inclusion of any housing type other than single-family detached was a breech of the contract the homeowners believed they were entering into when they purchased their homes in Sovereign Village. They believed the developers marketed the subdivision as a single-family detached home community and commanded prices based on the promises made with the original 1999 rezoning which included a recreational center and pool, pedestrian trails, and the completion of Channing Drive. Most said they would not have considered purchasing a home in Sovereign Village, if they had known multi -family housing units or zero lot line lots would be incorporated. They believed the addition of these i MDP #01-07, Sovereign Villagei - Revised May 1, 2007 Page 9 new housing types would negatively affect the value of their homes, there would be insufficient parking, and increased traffic would create congestion and deteriorate roads. Residents said that multiplexes and zero lot line lots were not in character or harmony with the existing single- family detached neighborhood. One resident commented that the street layout would change with the proposed revision, placing his existing home on a "T" intersection, something he did not want when he purchased his home. Some of the parents said their children were growing up without the swimming pool and recreational center they had anticipated would be there for them. Others spoke about integrity and promises made. Planning Commission members pointed out that their review of a MDP must be based on County ordinances, which particularly specifies that a MDP must be harmonious with the surrounding area. After listening to all of the residents' comments, Commissioners believed the revised MDP was not harmonious with its surrounding area. It was noted that this project currently has an approved MDP that everyone seems to be happy with, and the applicant is not being restrained in any way from proceeding. Commissioners stated that the residents purchased their homes under an approved MDP with an expectation that things would continue along the same lines in Sovereign Village. Comments were made that Channing Drive would eventually be constructed, either by this developer or another one. A motion to recommend denial was made, seconded, and unanimously passed. (Note: Commissioners Thomas and Watt were absent from the meeting.) STAFF CONCLUSIONS FOR THE 05/09/07 BOARD OF SUPERVISORS MEETING: The master development plan for Sovereign Village depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #15-99. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. The applicant is seeking approval authorization of the preliminary master development Plan by the Board of Supervisors. The Board's authorization will grant staff with administrative approval authority for the final master development plan. MDP#01 -07 Md" Z I�r� low Ag Sa ♦,..�44 4-0 Ifs a +! • �;�, Streams f Streets Primary 10 Secondary lop Terciary Eld Iwo MW �►`' �0 �� `��i7l+�. �ij �'� ems.. ► �� ' �► �' � '��' �`�� ► � Y _ � +ram �► ��'► ��► t�,�„qB j' �` ,�°`` ems; Location in '5urrd Aerial Map Frederick Countv. Virginia Master DeveloviWat Plan APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. { Date application received & Application #` Complete. gate of acceptance Incomplete. Date of return I 1. Project Title: Sovereign Village -Revised Master Development Plan 2. Owner's Name Manning and Ross Developers, LLC (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Company: Greenway Engineering Address: Same Phone Number: Same Contact Name: Kurt Pennington W1 Location of Property Route 657 (Senseny Road) 6. Total Acreage: 156.1 acres 7. Property Information a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: North South East West Property Identification Numbers See attached f) Magisterial District: 65-A-39, 65-A-39A RPB2 Vacant RPB2 Single -Family, Multiplex, Commercial Property Uses Red Bud 8. Is this an original or amended Master Development Plan? Original ❑ Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: O ? Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 sr_P Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Manning and Ross Developers, LLC-Greg Bancroft, managing member (Phone) (540) 723-9868 (Address) PO Box 27, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 948 1760 Instrument No. 010016381 on Page and is described as 65 39A A Parcel: 65 Lot: 39 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one.year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (Ahave Signature(s) my (ourf) hand and seal this 5th day of August. 2005, State of Virginia, Cit Count of Frederick, To -wit: I, Donna L. Meliso, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknc ta, the same before me in the jurisdiction aforesaid this 5th day of August, 2005. Oi e_//?c0_ C-�� My Commission Expires: February 29, 2008 Notary Public C C § 165-65 ZONING § 165-65 (2) Minimum total area per dwelling unit shall be 10,000 square feet. (3) Minimum lot area shall be 8,000 square feet. (4) Minimum yards shall be, as follows: (a) Setback from the road right-of-way: 35 feet. (b) Side yards: 10 feet. (c) Rear yard: 25 feet. (5) Minimum lot width at setback shall be 60 feet. (6) Minimum lot width at the road right-of-way shall be 30 feet. (7) Minimum off-street parking shall be two per unit. (8) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. SINGLE-FAMILY DETACHED ►r► ►►r► fill -;rrri' rr►t ►� ►� r� It r ��- .......... E. [Amended 2-26-19971 Single-family, detached zero lot line. A "single-family detached zero lot line residence" shall be a single-family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. (1) Minimum lot area shall be 6,000 square feet. ::. 16587 12 -15 - 99 § 165-65 FREDERICK COUNTY CODE (2) Maximum lot area shall be 7,000 square feet. (3) Maximum impervious surface ratio per lot shall be 0.40. (4) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 25 feet. (b) Rear yard: 25 feet. (5) Minimum on -site building spacing shall be 25 feet. (6) Minimum off-street parking shall be two per unit. (7) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. ZERO LOT LINE i/ (8) Supplemental regulations: § 165-65 (a) The opposite side yard must be maintained clear of any obstructions other than a three-foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences not to exceed nine feet in height. (b) The zero lot line side must not be adjacent to a road right-of- way. 16588 12-15-99 § 165-65 ZONING § 165-65 (c) A maintenance easement of eight to 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F. [Amended 10-27-1999; 8-9-20001 Single-family small lot. Single- family small lot housing shall be a single-family detached or attached residence on an individual lot. No more than two units may be attached together. The intent of this housing type is to provide an alternative to conventional single-family lots that can be tailored to the unique needs of specialized populations such as those of the older person. (1) Dimensional requirements shall be as follows: (a) Minimum lot size: 3,750 square feet. (b) Off-street parking spaces: 2. (c) Setback from state road: 25 feet. (d) Setback from private road: 20 feet. (e) Rear yard: 15 feet. (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimum side yard shall be 10 feet for (� that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be five feet. (g) When the attached option for the single-family small lot housing unit is chosen, the minimum building spacing requirement shall be 20 feet. (h) Supplementary setbacks: [11 With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. 121 Where single-family small lot housing abuts open space, decks may extend 'up to 12 feet into rear yard setback areas. [31, Front porches, stoops and steps may extend eight feet into front yard setback areas. (2) A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 -of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum i 16589 s - 25 - 2000 0 0 § 165-65 ZONING § 165-65 (b) Side yard (one side only): 10 feet. (c) Rear yard: 25 feet. (3) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. H. Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, (Cont'd on page 16591) 16590.1 s -1- 2000 0 0 § 165-65 ZONING . § 165-65 back to back or vertically. The average number of dwelling units per structure shall be four or less. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Average Lot Area per Area per Unit Unit Number of (square (square Off -Street Bedrooms feet) feet) Parking Spaces Efficiency 1,200 1,500 2 1 2,000 2,200 2 2 2,700. 2,900 2.25 3 plus 3,000 3,300 2.50 MULTIPLEX (3) Maximum site impervious surface ratio shall be 0.50. (4) Minimum yards shall be as follows: (a) Setbacks shall be as follows: [11 Thirty-five feet from road right-of-way. [21 Twenty feet from parking areas or driveways. (b) Side shall be 15 feet from perimeter boundaries. (c) Rear shall be 25 feet from perimeter boundaries. _. 16591 12-15-99 0 0 § 165-65 FREDERICK COUNTY CODE § 165-65 (5) Minimum building spacing shall be 30 feet. (6) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. I. Atrium house. An "atrium house" is a single-family attached, one- story residence, with individual outside access to the dwelling unit. The lot shall be enclosed by a wall at least six feet high. This wall shall be constructed of similar or comparable materials as the house walls. A private yard, herein called "an atrium," shall be included on each lot. All living spaces, i.e., living rooms, den and bedrooms, shall open onto the atrium. No more than six individual dwelling units may be attached in any one building. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: Minimum Average Lot Area Lot Area per per Dwelling Dwelling Unit Unit Off -Street Minimum Number of (square (square Parking Lot Width Bedrooms feet) feet) Spaces (feet) 1 2,000 2,200 2 35 2 2,700 2,900 2.25 35 3 plus 3,000 3,300 2.50 40 16592 12 -15 - 99 MASTER DEVELOPMENT PLAN #01-07 SOVEREIGN VILLAGE - REVISED Staff Report for the Planning Commission Prepared: April 5, 2007 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 03/07/07 Tabled by Planning Commission for 45 days Planning Commission: 04/18/07 Pending Board of Supervisors: 05/09/07 Pending LOCATION: The properties are located on Senseny Road (Route 657) east and adjoining the future Channing Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65-A-39, 65-A-39A and 69-A-40 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Residential and Vacant B2 (Business General) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential RA (Rural Areas) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential/Vacant B2 (Business General) Use: Vacant PROPOSED USE: 216 Single Family Urban Detached units and 42 Single Family Detached Zero Lot Line Units and 62 Multiplex Units (2.2 units per acre density), and 12 acres of commercial use. (This MDP has been revised since the March 7, 2007 Planning Commission Meeting) 10 MDP #01-07, Sovereign Village - Revised April 5, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The revised master development plan dated October 5, 2006 for this property appears to have significant measurable impact on Route 657, the VDOT facility which would provide access to the property. VDOT offers the following comments: • VDOT has no objections to the proposed changes to the revised MDP. • VDOT is concerned that under Proffer #3-A, Signal Installation at Channing Drive and Senseny Road is controlled by the submittal of a commercial site plan. Currently there is little prospect of commercial development at this site in the foreseeable future. Therefore, VDOT would like to suggest as part of this MDP revision approval, the developer enter into a signalization agreement with VDOT to install the signal when traffic warrants are met. Proffer #5 Paragraph D has been inaccurately marked as complete. The two turn lanes proffered for the intersection of Senseny and Greenwood Road have not been built nor has the monetary consideration been given to the Department. We would like this corrected. • Some of the items noted in the typical road plan no longer meet current VDOT standards. These details need to be brought into compliance as part of the site plan submittal. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, 'including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: We do not have any comments regarding the minor revisions to the MDP for Sovereign Village dated October 5, 2006. Frederick County Sanitation Authority: No comment. Frederick County Inspections Department: No additional comments required at this time. Will comment on lots at the time of subdivision submittal. GIS Department: Young Court has been approved and added into the Frederick County Road Naming and Structure numbering system. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport and due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north-northwest. Special considerations will not be requested by the Winchester Regional Airport. MDP #01-07, Sovereign ViR ge - Revised • April 5, 2007 Page 3 Department of Parks and Recreation: Please find below the Parks and Recreation Department comments relative to the revised Master Development Plan for Sovereign Village: • Plan appears to meet open space requirements. • The proposed Multi Plex Trail should be considered no more than a sidewalk and should not receive credit as a recreational amenity. If the six foot wide trail were to be expanded to encourage multi (a minimum of 10 feet in width), it could be considered a recreational facility. • For the credit requested, this department recommends the proposed gazebo be of commercial grade, on an approved slab, with a minimum of 380 square feet of interior space. • This department recommends the developer provide detailed information relative to the proposed Recreation Center. Specific information regarding the size, design and quality of the amenities to be included should be detailed at this time. • The monetary proffer does not appear to be adequate to offset the impact this development will have on the recreational services offered by the county. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 216 single family detached homes and 116 multiplex units will yield 47 high school students, 40 middle school students and 73 elementary school students for a total of 160 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Due to Channing Drive not being completed, transportation routes are being affected. Routes are being affected in the amount of time that students are on buses, which results in the inefficiency of both fuel and time. This also heightens our levels of risk and it becomes increasingly difficult to maintain a satisfactory level of safety. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will require the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The properties are located on Senseny Road (Route 657) east and adjoining the future Channing Drive. C) Site History MDP #01-07, Sovereign Village - Revised • April 5, 2007 Page 4 The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the acreage within the master development plan as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Channing Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. This property was originally Master Planned with MDP #08-2000 which was for the entire Channing Land Bay. The original MDP for the Channing Drive project included the developments now known as Lynnhaven, Twin Lakes, and Sovereign Village. A MDP specifically for the revised Twin Lakes development has been approved. Sovereign Village is now seeking approval of a MDP for their revised development. D) Intended Use The original MPD for the site depicted this portion of the Channing Land Bay as being developed with 362 single family urban detached lots, and is known as Sovereign Village. type,develeped with 216 Single Fafflily Urban Detaehed units and 116 Multiplex Units, and 12 aefes of eemmefeial land uses. This revised N4DP intr-eduees the multiplex housing and two eel eel de -sacs —for- single family detaehed ufban dwellifts.- The new MDP for Sovereign Village shows the site as being developed with 216 Single Family Urban Detached Units, 42 Single Family Zero Lot Line units, 64 Multiplex units, and 12 acres of commercial land uses. E) Site Suitability & Proiect Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this MDP application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Sovereign Village development is located for residential land uses. The Sovereign Village project will develop with a density of 2-.3 2.2 units per acre. The proffers from Rezoning #15-99 (Channing Drive) stated that townhouses, weak -link townhouses and garden apartments would be prohibited within the development. It is MDP #01-07, Sovereign Vile - Revised • April 5, 2007 Page 5 noted that a multiplex unit is a separate housing type listed in the Frederick County Zoning Ordinance and therefore would be a permitted housing type for the development. A multiplex is an attached residence having three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically. Staff Note: The proposed multiplex units are not intended to be nor resemble townhouse type housing units, as townhouses are prohibited by the approved proffer statement. The MDP which was reviewed by the Planning Commission on March 7, 2007 contained 216 single family urban detached units, 116 multiplex units and 12 acres of commercial uses. The revised MDP for Sovereign Village shows the site as being developed with 216 Single Family Urban Detached Units, 42 Single Family Detached Zero Lot Line units and 64 Multiplex units. The revised MDP also shows the 12 acres of commercial land within the development in a different configuration than previously reviewed. The addition of the 42 zero lot line units provides more of a transition between the existing single family urban units and the proposed multiplex units. The zero lot line units are located along Rossman Boulevard, Canyon Road and Farmington. The multiplex units are now located between the B2 zoned portion of the property and the zero lot line units. A single family detached zero lot line unit is a single family unit on an individual lot with a lot size of 6,000 (minimum) to 7,000 (maximum) square feet (§165-65E). The units are required to be set back off of the road and rear property line by 25' and have a 10' maintenance easement at the side of the house. A copy of the restrictions on this housing type from the Frederick County Zoning Ordinance has been included in the agenda. Transportation: The MDP for Sovereign Village provides a commitment for the completion of Channing Drive from Fanmington Boulevard to Canyon Road within 12 months of final approval of the MPD (built and open to the public). The MDP also states that this portion of Channing Drive will be bonded (and associated right-of-way dedicated) prior to the MDP receiving final signatures. Staff understands that the intent of the Sovereign Village MDP notation is to secure the completion of Channing Drive as soon as possible. As such, in order to achieve MDP approval, the development team will need to provide the County with a monetary guarantee ("letter of credit - LOC") and a Right -of -Way plat dedication for the outstanding portion of Channing Drive. These documents are necessary to obtain final MDP approval (signatures of the County Administrator and the Planning Director). The other portion of the road notation simply states that the developer will construct the road within 12 months of MDP approval; failure to do so, enacts the use of the bond for the County to construct the road. Once staff is granted administrative approval authority for the MDP by the Board, with road dedication and bond in hand, the MDP would be positioned for approval. MDP #01-07, Sovereign Vil lge - Revised • April 5, 2007 Page 6 The rezoning proffers for the development provided for the construction of Channing Drive as a major collector road as the road crossed the property. The developer of Lynnhaven has constructed the northern and southern segments of this proffered road. Via notes placed on the revised Sovereign Village MDP, the developer of Sovereign Village will be completing this proffered road. It is noted that the MDP for Sovereign Village also includes two new cul-de-sacs which were not part of the original Channing Drive MDP. The revisions to the road network are highlighted on sheet 3 of the MDP. Recreational Amenities: The MPD for Sovereign Village provides a note on sheet 3 that states that the proffered community center will be built within 24 months of final approval of the MPD. The community center is proffered to include a 3,000sf building, a pool and an outdoor multi- purpose playing court. WIN �. Due to the lot size, the multiplex units are required to provide one recreational unit per 30 dwellings. The development will consist of 64 multiplex units and therefore will have to provide a minimum of 2.13 recreational units. As indicated in the table on sheet 3 of the MPD, the applicant is providing a total of 2.21 units for this area which will consist of a tot lot and park benches. F) Outstanding Issues The MDP for Sovereign Village needs to address the following issues: • Meets and Bounds should be provided on the MDP around the commercial portion of the property (12 acres) STAFF CONCLUSIONS FOR THE 03/07/07 PLANNING COMMISSION MEETING: The master development plan for Sovereign Village depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #15-99. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/07/07 MEETING: The majority of the 21 citizens who spoke during the public comment portion of the meeting were residents in the Sovereign Village development, with a few residents from the Lynnhaven subdivision. Almost all who spoke said they based their decision on purchasing a home in MDP #01-07, Sovereign Alge - Revised April 5, 2007 Page 7 Sovereign Village on the belief this was going to be a single -family -home neighborhood with a recreational center and a pool. They believed the developers marketed the homes and commanded prices based on the promises made with the original 1999 rezoning. The residents were opposed to the proposed multiplex units because they believed it would negatively affect the value of their homes, there would not be sufficient parking, and the increased traffic would create congestion and deteriorate the roads. Many of the residents had questions on what the proposed multiplex units would look like and how they differed from townhouses; they did not think multiplex units surrounded by single-family homes would be in harmony with the existing neighborhood. Others did not agree with more intense development on land with significant slopes and wetlands. One speaker asked everyone in the audience who was opposed to the MDP revisions to stand and about 75 people stood up. The applicant said the proposal calls for four residences or less per multiplex unit; there will be 116 multiplex residences total; the proposed density is 2.3 units per acre, the original density was 2.4 units per acre; the proposed revision will have a total of 332 residential units, the original called for 362 residential units, which is a reduction of 30 units; the projected number of school children under the revised proposal is 73, as opposed to the original 85 school children; the number of vehicle trips is reduced by 764 trips per day; the ordinance requires more than one parking space per residential unit; the proposed revision includes a time deadline on the completion of Channing Drive and the completion of the recreational center. In response to questions from the Commission, the staff reported that the proffers in the original rezoning do not have a time restriction for the completion of Channing Drive; but instead are based on a trigger mechanism, specifically, when building permits are pulled. The original proffer stated that before the County could issue the 474th building permit, Channing Drive would have to be completed from Senseny Road to Fieldstone. The staff reported that the County has issued approximately 390-392 building permits to date, which means there is another 84 building permits that can be pulled prior to having the road built. The proffer also states the developer would provide a 3,000 square -foot recreation center with an outdoor multipurpose playing court and a swimming pool; however, there is no trigger as to when this would be constructed. The staff reported that the proposed MDP revision introduces a timing mechanism which previously did not exist and provides assurance the recreational center would be built within 24 months. Commission members inquired about the off -site transportation improvements made with the original rezoning. Staff reported that contributions have been made for signalization at Senseny and Greenwood Roads; and as improvements occur at Senseny and Greenwood Roads with the Food Lion project, turning lanes will be installed. Although not within the proffer, a signalization agreement has been signed with VDOT for a traffic signal at Rossman Boulevard and Senseny Road. Staff added that the difference between a multiplex unit and a townhouse unit is with dimensional requirements; the minimum lot size for a two or three bedroom townhouse is just under 2,000 square feet and a multiplex is about 3,000 square feet. Commission members understood the dismay expressed by Sovereign Village residents who purchased their home with the understanding that Sovereign Village would be a single-family residential community with a recreation center and pool. Commission members also understood the concern expressed by residents that without having an adequate description of what the multiplex units would look like, the units could take on various forms and they could not be certain about what they were going to get. Commissioners recognized the importance of the issue of harmony and compatibility through all stages in the development process. Some MDP #01-07, Sovereign Age - Revised April 5, 2007 Page 8 members were not convinced, however, that some form of multiplex unit couldn't be compatible in a higher end, singe -family detached community. For that reason, they wanted to see more details about the units proposed. Other members of the Commission did not think it was beneficial to change the housing type for the benefit of a quarter mile of road, which could be completed through other future developments. A motion to table MDP #01-07 for 60 days was made and seconded to give the applicant time to come back with more information on what the multiplex units would look like. This motion failed by a tie vote. A second motion was made and seconded to deny MDP #01-07 of Sovereign Village. This motion failed by a majority vote. A third motion was made and seconded to table MDP #01-07 for 45 days. This motion passed by a majority vote. At this point, recommendations were made by the Commissioners about the elements they wanted to see when the applicant came back to the Commission. Although not a part of the motion, Commissioners said they would like to see architectural and elevation details of the multiplex housing type, buffering details, and triggers, or any other concepts the developer is willing to provide to convince the homeowners this is a better plan than the previous one. (Note: Commissioners Watt, Ours, and Kriz were absent from the meeting.) UPDATE FOLLOWING THE 03/07/2007 PLANNING COMMISSION MEETING: In an effort to address concerns raised at the Planning Commission meeting, the applicant has revised the Master Development Plan to establish a transitioning housing type between the existing single family dwellings and the multiplex units. The introduction of the detached zero lot line housing type within the development assists in reducing the impacts of that the multiplex units would have on the single family detached urban dwellings. STAFF CONCLUSIONS FOR THE 04/18/07 PLANNING COMMISSION MEETING: The master development plan for Sovereign Village depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #15-99. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. FREDERICK COUN* SANITATION AUTHORITY P.O. Box 1877 APR Winchester. VA 22604-8371� ROBERT P. MOWERY, C.P.A., Chairman JOHN STEVENS, Vice-chairman RICHARD A. RUCKMIAN, P.E., Sec -treasurer J. STANLEY CROCKETT April 26, 2007 DARWIN S. BR.ADEN MANNING & ROSS DEVELOPERS, LLC Mr. Gregory Bancroft P.O. Box 27 Winchester VA 22604 REFERENCE: Sovereign Village — Section 4 Lots 1 through 23 SUBJECT: Affidavit and Waiver of Lien and Bill of Sale Dear Mr. Bancroft: Enclosed for your files is a copy of the executed Bill of Sale. Our signature on the bill of sale indicates acceptance of ownership. Wellington H. Jones, P.E. Engineer -Director Ph. -(540)868-1061 Fax-(540)868.1429 You will be responsible for repair to these facilities for one year following the date of our acceptance. Respectfully, Thelma H. Snapp/for John G. Whitacre Senior Engineer /ths Enclosure cf: Frederick County Zoning Administrator WATER AT YOUR SERVICE MASTER DEVELOPMENT PLAN #01-07 SOVEREIGN VILLAGE - REVISED Staff Report for the Planning Commission Prepared: February 16, 2007 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 03/07/07 Pending Board of Supervisors: 03/28/07 Pending LOCATION: The properties are located on Senseny Road (Route 657) east and adjoining the future Channing Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65-A-39, 65-A-39A and 69-A-40 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Residential and Vacant B2 (Business General) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential RA (Rural Areas) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential/Vacant B2 (Business General) Use: Vacant PROPOSED USE: 216 Single Family Urban Detached units and 116 Multiplex Units (2.3 units per acre density), and 12 acres of commercial use. MMP #01-07, Sovereign Vi e - Revised • February 21, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The revised master development plan dated October 5, 2006 for this property appears to have significant measurable impact on Route 657, the VDOT facility which would provide access to the property. VDOT offers the following comments: • VDOT has no objections to the proposed changes to the revised MDP. • VDOT is concerned that under Proffer #3-A, Signal Installation at Channing Drive and Senseny Road is controlled by the submittal of a commercial site plan. Currently there is little prospect of commercial development at this site in the foreseeable future. Therefore, VDOT would like to suggest as part of this MDP revision approval, the developer enter into a signalization agreement with VDOT to install the signal when traffic warrants are met. • Proffer #5 Paragraph D has been inaccurately marked as complete. The two turn lanes proffered for the intersection of Senseny and Greenwood Road have not been built nor has the monetary consideration been given to the Department. We would like this corrected. • Some of the items noted in the typical road plan no longer meet current VDOT standards. These details need to be brought into compliance as part of the site plan submittal. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: We do not have any comments regarding the minor revisions to the MDP for Sovereign Village dated October 5, 2006. Frederick County Sanitation Authority: No comment. Frederick County Inspections Department: No additional comments required at this time. Will comment on lots at the time of subdivision submittal. GIS Department: Young Court has been approved and added into the Frederick County Road Naming and Structure numbering system. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport and due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north-northwest. Special considerations will not be requested by the Winchester Regional Airport. MDP #01-07, Sovereign Vioe - Revised • February 21, 2007 Page 3 Department of Parks and Recreation: Please find below the Parks and Recreation Department comments relative to the revised Master Development Plan for Sovereign Village: • Plan appears to meet open space requirements. • The proposed Multi Plex Trail should be considered no more than a sidewalk and should not receive credit as a recreational amenity. If the six foot wide trail were to be expanded to encourage multi (a minimum of 10 feet in width), it could be considered a recreational facility. • For the credit requested, this department recommends the proposed gazebo be of commercial grade, on an approved slab, with a minimum of 380 square feet of interior space. • This department recommends the developer provide detailed information relative to the proposed Recreation Center. Specific information regarding the size, design and quality of the amenities to be included should be detailed at this time. • The monetary proffer does not appear to be adequate to offset the impact this development will have on the recreational services offered by the county. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 216 single family detached homes and 116 multiplex units will yield 47 high school students, 40 middle school students and 73 elementary school students for a total of 160 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Due to Channing Drive not being completed, transportation routes are being affected. Routes are being affected in the amount of time that students are on buses, which results in the inefficiency of both fuel and time. This also heightens our levels of risk and it becomes increasingly difficult to maintain a satisfactory level of safety. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will require the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Planning & Zoniniz: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The properties are located on Senseny Road (Route 657) east and adjoining the future Channing Drive. MMP #01-07, Sovereign ViVe - Revised is February 21, 2007 Page 4 C) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the acreage within the master development plan as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Channing Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. This property was originally Master Planned with MDP #08-2000 which was for the entire Channing Land Bay. The original MDP for the Channing Drive project included the developments now known as Lynnhaven, Twin Lakes, and Sovereign Village. A MDP specifically for the revised Twin Lakes development has been approved. Sovereign Village is now seeking approval of a MDP for their revised development. D) Intended Use The original MPD for the site depicted this portion of the Channing Land Bay as being developed with 362 single family urban detached lots, and is known as Sovereign Village. The new MDP revisions for Sovereign Village shows the site as being developed with 216 Single Family Urban Detached units and 116 Multiplex Units, and 12 acres of commercial land uses. This revised MDP introduces the multiplex housing type, and two additional cul-de-sacs for single family detached urban dwellings. E) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this MDP application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Sovereign Village development is located for residential land uses. The Sovereign Village project will develop with a density of 2.3 units per acre. MDP #01-07, Sovereign Age - Revised February 21, 2007 Page 5 The proffers from Rezoning #15-99 (Channing Drive) stated that townhouses, weak -link townhouses and garden apartments would be prohibited within the development. It is noted that a multiplex unit is a separate housing type listed in the Frederick County Zoning Ordinance and therefore would be a permitted housing type for the development. A multiplex is an attached residence having three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically. Staff Note: The proposed multiplex units are not intended to be nor resemble townhouse type housing units, as townhouses are prohibited by the approved proffer statement. Transportation: The MDP for Sovereign Village provides a commitment for the completion of Channing Drive from Farmington Boulevard to Canyon Road within 12 months of final approval of the MPD (built and open to the public). The MDP also states that this portion of Channing Drive will be bonded (and associated right-of-way dedicated) prior to the MDP receiving final signatures. Staff understands that the intent of the Sovereign Village MDP notation is to secure the completion of Channing Drive as soon as possible. As such, in order to achieve MDP approval, the development team will need to provide the County with a monetary guarantee ("letter of credit - LOC") and a Right -of -Way plat dedication for the outstanding portion of Channing Drive. These documents are necessary to obtain final MDP approval (signatures of the County Administrator and the Planning Director). The other portion of the road notation simply states that the developer will construct the road within 12 months of MDP approval; failure to do so, enacts the use of the bond for the County to construct the road. Once staff is granted administrative approval authority for the MDP by the Board, with road dedication and bond in hand, the MDP would be positioned for approval. The rezoning proffers for the development provided for the construction of Channing Drive as a major collector road as the road crossed the property. The developer of Lynnhaven has constructed the northern and southern segments of this proffered road. Via notes placed on the revised Sovereign Village MDP, the developer of Sovereign Village will be completing this proffered road. It is noted that the MDP for Sovereign Village also includes two new cul-de-sacs which were not part of the original Channing Drive MDP. The revisions to the road network are highlighted on sheet 3 of the MDP. Recreational Amenities: The MPD for Sovereign Village provides a note on sheet 3 that states that the proffered community center will be built within 24 months of final approval of the MPD. The MDP #01-07, Sovereign ViI1Tge - Revised February 21, 2007 Page 6 community center is proffered to include a 3,000sf building, a pool and an outdoor multi- purpose playing court. Due to the lot size, the multiplex units are required to provide three recreational units per 30 dwellings. The development will consist of 116 multiplex units and therefore will have to provide a minimum of 3.8 recreational units. As indicated in the table on sheet 3 of the MPD, the applicant is providing a total of 7.82 units for this area which will consist of tot lots, park benches, a gazebo and a trail. F) Outstanding Issues The MDP for Sovereign Village needs to address the following issues: • A detail for the trail within the multiplex area needs to be provided in the MDP. • Meets and Bounds should be provided on the MDP around the commercial portion of the property (12 acres) STAFF CONCLUSIONS FOR THE 03/07/07 PLANNING COMMISSION MEETING: The master development plan for Sovereign Village depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #15-99. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. • 1( GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Soveriegn Village -Master Development Plan Revision File No: 2185 Date: February 20, 2007 To: FC Planning Attn: Candice Perkins Copied Delivery: r- Fed Ex ❑ Other_ ❑ U.S. Mail From: Kurt Pennington/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 0 Courier ❑ Pick Up ❑ Urgent 0 For Your Review 0 As You Requested ❑ Please Comment Message Candice, Per your request, attached is the following: -45 copies of the Master Development Plan Revision for the Planning Commission Thank you for your assistance. Call with any questions or need for additional copies or information. Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: 0 COUNTY of FREDERICK Parks and Recreation Department 2 1 James M. Doran, Director 540-665-5678 FAX: 540-665-9687 www.co.frederick.va.us e-mail: fcprd@co.frederick.va.us MEMORANDUM TO: Candice E. Perkins, AICP, Planner II FROM: James M. Doran, Director of Parks and Recreation SUBJECT: Sovereign Village revised Master Development DATE: February 21, 2007 Please find below the Parks and Recreation Department comments relative to the revised Master Development Plan for Sovereign Village: • Plan appears to meet open space requirements. • The proposed Multi Plex Trail should be considered no more than a sidewalk and should not receive credit as a recreational amenity. If the six foot wide trail were to be expanded to encourage multi use (a minimum of 10 feet in width), it could be considered a recreational facility. • For the credit requested, this department recommends the proposed gazebo be of commercial grade, on an approved slab, with a minimum of 380 square feet of interior space. • This department recommends the developer provide detailed information relative to the proposed Recreation Center. Specific information regarding the size, design and quality of the amenities to be included should be detailed at this time. • The monetary proffer does not appear to be adequate to offset the impact this development will have on the recreational services offered by the county. 107 North Kent Street Winchester, VA 22601 W Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and Recreation 2"d Floor 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village -Master Development Plan Revision Location of property: Senseny Road and Channing Drive Department of Parks and Recreation's Comments: I have not been made aware of any action, by the Board of ,fupervisors or otherwise, that may have taken place since our Master D v lopm nt Plan comments dated 7/20/05. Therefore, I am unable to make further comments regarding any revisions that have been made to this plan It Frederick County, Vi 'a Muster Nvelopme lan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-535-1828 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with the sheet. Applicant's Name: Address Phone Number Greenway En 'gingering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Soverei ng_ Village -Master Development Plan Revision Location of property: Senseny Road and Channing Drive Virginia Department of Transportation's Comments: See attached e ul fr m VDM to Rg t rrI jIg dated DoosTber 6 2006 IFSovereign Village - Re".MDP - Route 657, Frederick Count Page 1 of 2 Kurt D. Pennington From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] Sent: Wednesday, December 06, 2006 1:53 PM To: Kurt D. Pennington Cc: 'Eric Lawrence'; 'Kris Tierney (KTierney@co.frederick.va.us)'; Ingram, Lloyd Subject: FW: Sovereign Village - Revised MDP - Route 657, Frederick County VDOT Comment Sheet attached: <<SCN_20061206135041 _001.pdf>> From: Funkhouser, Rhonda On Behalf Of Ingram, Lloyd Sent: Wednesday, December 06, 2006 10:01 AM To: 'Kurt D. Pennington' Cc: 'Eric Lawrence'; 'Kris Tierney (KTierney@co.frederic k.va.us)'; Copp, Jerry; Ingram, Lloyd Subject: Sovereign Village - Revised MDP - Route 657, Frederick County The revised master development plan dated October 5, 2006 for this property appears to have significant measurable impact on Route 657, the VDOT facility which would provide access to the property. VDOT offers the following comments: . VDOT has no objections to the proposed changes to the revised MDP: . VDOT is concerned that under Proffer #3-A, Signal Installation at Channing Drive & Senseny Road is controlled by the submittal of a commercial site plan. Currently there is little prospect of commercial development at this site in the foreseeable future. Therefore, VDOT would like to suggest as part of this MDP revision approval, the developer enter into a signalization agreement with VDOT to install the signal when traffic warrants are met. . Proffer #5 Paragraph D has been inaccurately marked as complete. The two turn lanes proffered for the intersection of Senseny Road and Greenwood Road have not been built nor has the monetary consideration been given to the Department. We would like this corrected. • Some of the items noted in the typical road plan no longer meet current VDOT Standards. These details need to be brought into compliance as part of the site plan submittal. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Thank you for allowing us the opportunity to comment. 12/ 13/2006 : Sovereign Village - RMDP - Route 657, Frederick Court, Ir Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) Page 2 of 2 12/13/2006 Control number Date received Date reviewed Date Revised MDP06-0016 11/13/2006 11/15/2006 Project Name Applicant Sovereign Village Greenway Engineering Address City State Zip Applicant Phone 151 Windy Hill Ln. Winchester VA 22602 540-662-4185 Type Application Master Development Plan Current Zoning RP/B2 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plans approved as submitted. Plan Approval Recommended Yes Tax ID Number Fire District 65-A-39, etc. 18 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Rescue District 18 Election District Red Bud Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No G3C�OdC�IrI' I� NOV 1 6 2006 L �Y al$5 InvR Reviewed By Signature (( Jeffrey S. Neal 4'r rune __� __. v Frederick County Department Ma Frederick County Department of Public Works 107 N. Kent Street Winchester, VA 22601 11and deliver to3 4' Floor 107 N. Kent Street Winchester, VA (540) 665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach three (3) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village -Master Development Plan Revision Location of property: Senseny Road and Channing Drive •• Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department 4 thFloor Attn: Building Official 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: GreenwaEngineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Development Plan Revision Location of property: Senseny Road and Channing Drive Frederick County Inspections Department's Comments: F c derickty'In peci Date reviewed Date reviewed S i imawre and Date Rev;ew Number 1 2 3 Diit� ap roved' Sovereign Village -Master o 5(1)lease circle o Revision required! Request for Master Development Plan Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Stephens City, Virginia P.O. Box 1877 (540) 868-1061 Winchester, Virginia 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village -Master Development Plan Revision Location of property: Senseny Road and Channing Drive Frederick County Sanitation Authority's Comments: Frederick C'ourity Smitation Atithority rise only Date revie% ed ` Review Mi nber 12 3 4 5 (1 lease CI c e Date reviexved _ Date approN d Revision requ, r Si-iiattdI`C' alld Date NOV 11 700' Page 1 of 1 Kurt D. Pennington From: Marcus Lemasters [mlemaste@co.frederick.va.us] Sent: Tuesday, January 09,.200711:18 AM ' To: Kurt D. Pennington .Subject: RE: Sovereign Village - Revised MDP DEPT'. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA STREET NAME COMMENTS SUBDIVISION COMMENTS DATE: January 9, 2007 SUBDIVISION: Sovereign Village AMP, STAFF MEMBER: Marcus Lemasters, Director APPLICANT: Greenway Engineering Attn Kurt D. Pennington 151 Windy Hill Lane Winchester, VA 22602 . COMMENTS: The Frederick County Department of GIs has reviewed the requested road name for use in the Sovereign Village MDP and has made the following determinations: 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Young Court 3. Structure numbering will be assigned during the permitting and construction phase of development. Frederick County Planning and Development, 107 North Kent Street, Winchester, VA 22601,. (540)665-5614 E-mail contact: Marcus D. Lemasters, Director (mlemaste@co.frederick.va.us) 1/9/2007 f V%EG z� �---- WINCHESTER REGIONAL AIRPORT SERVING THE . 491 AIRPORT ROAD ror of vlRGlwa WINCHESTER, VIRGINIA 22602 q�HOR�t� (540) 662.2422 December 15, 2006 Kurt Pennington Greenway Engineering 151 Windy Hill Lane j Winchester, Virginia 22602 Re: Master Development Plan Sovereign Village Red Bud Magisterial District Dear Mr. Pennington: The Winchester Regional Airport Authority offers the following comment regarding the proposed rezoning plan for the referenced project. . This parcel does lie within the air space of the Winchester Airport and due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north/northwest. Special considerations'will not be requested by the Winchester Regional Airport. Thank you for allowing us the opportunity to review this master plan request. Sincerely, Cl S-. R. Manuel Executive Director DEC 18 2006 RV C 1Al �a a Request for Master Development Plan Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 Hand deliver to: 491 Airport Road (Route 645, off of Route 522 South) (540) 662-2422 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: Address Phone Number Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Sovereign Village -Master Development Plan Revision Location of property: Senseny Road and Channing Drive Winchester Regional Airport Comments: gate reviewed ° r xRc� � ReviewNtambei �l ? 3 4 5 (please ciiele one k )ate ev�ewedN4 Y r?,�fe ,t log ccl J! C3 ls,ion rcqu rid''?€ Coordinator of Construction and Facilities Use Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Pennington: .• SWdente M a �• FC P 0% O Frederick County Public Schools Visit us at www.frederick.k12.va.us December 13, 2006 RE: Sovereign Village Master Development Plan Revision e-mail: kapocsis®frederick.k12.va.us This letter is in response to your request for comments regarding the master development revision plan for the proposed Sovereign Village project. Based on the information provided, it is anticipated that the proposed 216 single-family detached homes and 116 multiplex units will yield 47 high school students, 40 middle school students, and 73 elementary school students for a total of 160 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Due to Charming Drive not being completed, transportation routes are being affected. Routes are being affected in the amount of time that students are on buses, which results in the inefficiency of both fuel and time. This also heightens our levels 'of risk and it becomes increasingly difficult to maintain a satisfactory level of safety. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will require the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Respectfully yours, Stephen M. Kapoc Coordinator of Construction and Facilities Use SMK:dkr o�LLQr�ad� cc: Patricia Taylor, Superintendent of Schools DEC 1 5 2006 Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-662-4518 Ext 88112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 0 Is Request for Master Development Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 4` Floor Department of Planning and Development 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village -Master Development Plan Revision Location of property: Senseny Road and Channing Drive Department of Planning and Development's Comments: Department of Planning and Development use only Date reviewed _ Review Nun-lber 12 3 4 5 (please circle one) Date reviewed Date approved Revision required Signature and Date A$� GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Sovereign Village -Master Development Plan Revision File No: 2185 Date: January 9, 2007 To: Attn: Greg Bancroft Copied Delivery: I— Fed Ex ❑ Other_ ❑ U.S. Mail From: Kurt Pennington/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 0 Courier ❑ Pick Up ❑ Urgent ❑ For Your Review PJ As You Requested ❑ Please Comment Message Greg, Per your request, attached is the submittal package for the Master Development Plan revision along with the submittal transmittal. Please deliver to Frederick County Planning for their review and comments. Thank you for your assistance. Call with any questions or need for additional information. F E 8 1 5 2007 Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Sovereign Village -Master Development Plan Revision File No: 2185 Date: .January 9, 2007 To: FC Planning Attn: Candice Perkins Copied Delivery: Fed Ex Other_ From: Kurt Pennington/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ❑ U.S. Mail ❑ Courier ❑ Pick Up Greg Bancroft to deliver to Planning ❑ Urgent ❑Q For Your Review ❑ As You Requested P1 Please Comment Message Candice, Attached is the following for your review and comments: -2 copies of the Master Development Plan revisions -Master Development Plan Application -Application fee check -Agency approvals letter -Planning comment sheet As always, thank you for your assistance. Call with any questions or need for additional information. Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: • 0 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT.MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO SAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Sovereign Village -Master Development Plan Revision File No: 2185 Date September 8, 2005 To: FC Planning From: Kurt Pennington/dlm Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment Message: Candice: Attached is the following for your review and approval: 2 copies of the revised Master Development Plan per Planning comments -Comment response letter -Application fee check for $17,220.00 -Signed/notarized Special Limited Power of Attorney form -Agency comment sheets from FC Fire Marshal, Parks & Rec, Inspections, FCSA,VDOT, and Airport We are still waiting on approval from Public Works and GIS and will forward to you as soon as we receive them. Contact me with any questions or concerns. As always, thank you for your assistance. Hand Delivery and Pick Ups Only: Received By: Date: \ • Request for Master Development Plan Comments Frederick County Fire Marshal Mail to-• Hand deliver to: Frederick County Fire Marshal I" Floor Attn: Fire Marshal 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: Greenwgy En ineerin Address 151 Wind Hill Lane Winchester. VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village Location of property: Senseny Road Route 657 Fire Marshal's Comments: -Is !i JUL 0 6 2005 ,P,185 Control number M DP05-0006 Project Name Sovereign Village Address 151 Windy Hill Ln. Type Application MDP Review Current Zoning Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Frede�ick'County.:Fiee and' -Rescue. Department 4fFice of_the Fire Marshal plan Review and -Comments Date received 6/17/2005 City Winchester Tax ID Number 65-A-39 Emergency Vehicle Access Comments Access Comments Date reviewed 6/30/2005 Applicant Greenway Engineering State Zip VA 22602 Fire District 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Phone Rescue District 18 Election District Residential Sprinkler System No Fire Lane Required No Special Hazards No Additional Comments Fire hydrant placement must comply with Frederick County code article 1 section 90-4 Plan Approval Recommended Reviewed By Signature Yes John J. Bauserman Title - FREDERICK GIDUPM • Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and Recreation 2"d Floor 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village Location of property: Senseny Road, Route 657 Department of Parks and Recreation's Continents: Plan appears to meet open space and recreational unit requirements. JUL 2 8 2005 �65 E 0 Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department 4th Floor Attn: Building Official 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village Location of property: Senseny Road, Route 657 Frederirk Cniinty Tnsnections Denartment's Comments: JUL 1 9 2005 y o2185 fR F.0EP, I -FKCO Ai REM WORK & MSFIRCMUNS 0 Request for Master Development Plan Comments Frederick County Sanitation Authority Hand deliver to: Mail to: Frederick County Sanitation Authority Ste Tanker Road Attn: Engineer Stephens City, Virginia P.O. Box 1877 (540) 868-1061 Winchester, Virginia 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: Address Phone Number Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 540-662-4185 Name of development and/or description of the request Location of property: Sensen Road, Route 657 Frederick County Sanitation Authority's Comments: Sovereign Village pTC�T0TT JUN 2 2 2005 By 91 fc35 0 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-535-1828 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with the sheet. Applicant's Name: Address Phone Number Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Sovereign Village -Master Development Plan Revision Location of property: Senseny Road Route 657 VirginiaDepartment of Transportation's Comments: The Master Development Plan for this property appears to have significant measurable impact on Route 657, the VDOT facility *** VDOT does take exception to the Page 4, #5, Item D being marked as completed. The small turn lane at Senseny and the proffer. *** Befoie ninkiny — y fii.al eomiiients, His office ndl imeeltire a eemplete set of site plamg, draimage ealetilatieR5 amel �Faffle flow data from the I.T.E. Trio Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Request for Master Development Plan Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 Hand deliver to: 491 Airport Road (Route 645, off of Route 522 South) (540) 662-2422 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village Location of property: Senseny Road Route 657 Winchester Regional Airport Comments: ASP P C- SERVING THE TOP OF VI RGINIA / June 24, 2005 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Kirt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Master Development Plan Sovereign Village Redbud Magisterial District Dear Mr. Pennington: We have completed our review of the above referenced proposal. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director �l IU JUN 2 8 2005 RV 2Ig5 All. /JN %47 Founded in 1971 151 Windy Hill Lane Winchester, Virginia 22602 September 8, 2005 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 0 SEP 8 2005 Attn: Candice Perkins, Planner Il Re: Sovereign Village — Revised Master Development Plan Comments Dear Ms. Perkins: We are in receipt of the comments dated July 29, 2005 and offer the following responses: Comments from Frederick County Planning Comment 1: Plan Type. On the cover sheet, state that this is a revised Master Development Plan. Response: Plan sheets have been revised to indicate a "Revised Master Development Plan" Comment 2: Proffer Statement. On Sheet 4 of the MDP, provide a scan of the actual signed proffers from the rezoning. Response: Scanned signature page has been added. Comment 3: Surveyed Boundaries. The surveyed boundaries of the parcel need to be shown along with the boundaries of the B2 Parcel. Response: Surveyed boundaries for the entire property are shown on sheet 3 of 4. A boundary survey for the B2 area is not available at this time. Comment 4: General Notes. On Sheet 1 under general notes, provide a statement that new utilities will be underground. Response: Underground utility note has been added. Comment S: Road Detail. On the cover sheet, provide the ROW width. Response: ROW widths for each street category are shown in the street matrix located below typical section. Comment 6: Berkshire Court. On Sheet 3, a new road is proposed off of Canyon Drive. The SDP for Sovereign Village Section 2 shows this area as being a lot. Response: The design and development of Berkshire Court will require a revision to the lots along Canyon Drive and will be addressed during plan submission. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #2185/KP/dlm H+ww.greenwayeng.com Comment 7: Canyon Drive Connection. It is unclear which section the connection of Canyon Drive into Channing Phase 9 will be made with. A statement regarding which section it will be made with and that no building permits will be issued oil Berkshire Court until the connection is made, is needed on the MDP. Response: Note has been added to indicate that the access connection to the original Phase 9 of the Channing Drive MDP will be made available with the construction of Canyon Drive and prior to the issuance of building permits for Berkshire Court. Comment 8: Channing Drive. It is unclear which sections of Channing Drive this development is responsible for. Please shade the portion of Channing that is already completed and which portions Sovereign Village is responsible for. Response: The construction of any section of Channing Drive will occur in accordance with the approved proffers for this development. See proffer statement C (1)(a), (b), and (c) on sheet 4 of 4. Comment 9: Outlots. Label the open space or "outlots" as they are depicted on the approved SDP's. Response: Legend on sheet 3 of 4 has been revised to reference the shaded areas as "OPEN SPACE (OUT LOTS)". Comment 10: Phase Tabulations. The original MDP was broken up into only two phases; however, the Subdivision Design Plans have been conting in sections (1-3A). Instead of going with the original phase lines, for clarification breaking the MDP up into phases that follow the sections would be better. Response: This revised MDP only has two phases. Phase One includes all of the currently developed or approved areas Comment I1: Subdivision Sections. The recreation center is shown as being in phase 2, but is shown on the SDP for phase 3; please clarify which section it is located in. Response: See note #2 on page 3 of 4. Comment 12: Phase 4. The new road called Murphy Count was depicted as phase 4 on the SDP for section 3. Response: The SDP for section 3 was part of the original MDP Phase 4 area. Murphy Court will be a part of revised MDP Phase One (see comment 10). Comment 13: Multiplex Roads. The private roads for the multiplexes appear to be very close to the road efficiency buffer of Channing Drive and the open space areas. The roads might need to be moved if structures are intended in these areas. Response: Exact road and building structure locations will be accurately depicted on final subdivision plans. Comment 14: Wales Court. This cul-de-sac appears to be very long. Please note that only 25 lots will be allowed on this street. Response: Cul-de-sac length and maximum lot counts for Wales Court are noted. Comment 15: MDP Tabulations. On the cover sheet, it is unclear /row some of the MDP revisions were calculated. Response: MDP calculations have been revised. File #2185/KP/dlm 2 • Comment 16: Trail. Provide a detail for the trail located in the open space. Response: Trail detail has been added. Comment 17. Landscaping and Housing Details. Statements need to be provided as to the type of landscaping required for the lots. The single family sections should continue to use the street tree option (§165-36A(1)) and the multiplex units are required to use the ornamental landscaping option (§165- 36A(2)). A detail for the proposed multiplex units should be provided on the MDP as well. Response: See note on sheet 3 of 4 referencing landscaping options. Ornamental landscaping is one of three landscaping options available for residential developments. Comment 18: Common Shared Buffer. The zoning district buffer needs to be a total of 100' in width. The B2 portion against the RP requires a minimum of 50' full screen and the RP portion against the B2 requires a 50' distance screen. This buffer can only be reduced if existing vegetation achieves the functions of a full screen. Response: The RP zone and the B2 zone as shown on the revised plan will be sharing the full screen portion of the required screening for the category A and B buffers. Since there is no distance requirement for a category,,vith full screening we will provide the full required 50' distance for the category B buffer. We have revised the buffer detail to show a 6' high opaque fence to be located on the boundary line between the two zones and the required landscaping with a 10' easement to be located on the RP side. This application is consistent with other previously approved Master Development Plans. Comment 19: Open Space. There was an area of open space shown on the original MDP that is not shown on the revised MDP. Please clarify why it has been removed, as it does not appear that lots will be located in the area. Response: Please note that this is a revised MDP and all required open space for this revision is being accounted for. You will also find that several of the original open space areas have been expanded to include larger areas Comment 20: Recreational Units. Provide a statement that the recreational units provided in the first block (building, pool, tot lot) will have to be site planned separately. The active recreational units and the values provided need to be approved by Parks & Recreation and the Zoning Administrator. Also, the trail along Channing Drive is part of the proffers and cannot be used for the recreational unit calculations; potentially a trail in the road efficiency buffer along Senseny Road could be used instead. Response: The required site plan note has been added to sheet 3 of 4. Parks and Recreation have reviewed the recreational unit credits as shown. We have an approved comment response and it is included with this submission. Please indicate to us the section of the Zoning Ordinance that disqualifies the use of proffered amenities from the recreational unit calculations. Comment 21: Multiplex Trail and Park Areas. The location of the proposed trail and park areas in the multiplex area needs to be shown along with a detail of the trail. Response: Trails have been added. Comment: You will need to submit a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. The review fee for this application will be $17.220 ($2.000 base + $15,220 @$100 per acre). Comment sheets are required from the following agencies: Frederick County Department of Parks & Recreation, Frederick County Fire Marshal. Frederick County Department of Building Inspections. Frederick County Department of Public Works, Frederick County Department of GIS.. Frederick County Sanitation Authority, and the Virginia Department of Transportation. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. File #2185/KP/dlm 0 Response: Attached are the Special Limited Power of Attorney form, application fee check for $17,220.00, and agency comments from Parks and Recreation, Fire Marshal, Inspections, FCSA, VDOT, and Airport. We are still waiting for Public Works and GIS approvals. Please contact us at your convenience if you have any questions or to schedule a meeting if any of the comments need further discussion. Thank you for your time in this matter. Sincerely, Greenway Engineering -fj'&A't Kurt Pennington Enclosures File #2185/KP/dlm • • Frederick County, Virginia Master Development Plan Application Package APPLICATION JUN 2 1 2005 MASTER DEVELOPMENT PLAN 1. Project Title: Sovereign VillaW-Revised Master Development Plan 2. Owner's Name Manning and Ross Developers, LLC (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Company: Greenway Engineering Address: Same Phone Number: Same Contact Name: Kurt Pennington 5. Location of Property Route 657 (Senseny Road) 6. Total Acreage: 152.2 acres 7. Property Information a) Property Identification Number (PIN): 65-A-39, 65-A-39A b) Current Zoning: RP/B2 c) Present Use: Vacant d) Proposed Uses: RP/132 Single -Family, Multiplex, Commercial e) Adjoining Property Information: Property Identification Numbers Property Uses North See attached South East West f) Magisterial District: Red Bud 8. Is this an original or amended Master Development Plan? Original ❑ Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan. application. Signature: Date: Apple Ridge Subdivision 65E-((1)) Lot # Zoned" Property Owner 13 RP Duane T. Crowe 105 Wayfaring Drive Winchester, VA 22602 14 RP David & Melissa Davis 102 Wayfaring Drive Winchester, VA 22602 16 RP Victor S. Hernandez 129 Morning Glory Drive Winchester, VA 22602 17 RP James D. Carr 131 Morning Glory Drive Winchester, VA 22602 18 RP Scott L. & Marie F. Straub 133 Morning Glory Drive Richmond, VA 23221 19 RP Michael & Michelle Rees 135 Morning Glory Drive Winchester, VA 22602 20 RP Brian & Kathryn A. Jenkins 137 Morning Glory Drive Winchester, VA 22602 21 RP Steven T. Cynthia S. Jones 139 Morning Glory Drive Winchester, VA 22602 22 RP Michael E. & Beth R. Brown 141 Morning Glory Drive Winchester, VA 22602 23 RP John & Kimberley Hines 143 Morning Glory Drive Winchester, VA 2260.2 24 RP John K. Wright 145 Morning Glory Drive Winchester, VA 22602 25 RP Anne C. Sendecke 147 Morning Glory Drive Winchester, VA 22602 File#2185/KP/adf Greenway Engineering Apple Ridge Subdivision 65E-((1)) Lot # Zoned Property Owner 26 RP Mark G. & Mariah S. Gunderson 149 Morning Glory Drive Winchester, VA 22602 27 RP David C. & Diane L. Hyman 159 Morning Glory Drive Winchester, VA 22602 28 & 29 RP David & Rosan Rhinehart 155 Morning Glory Drive Winchester, VA 22602 30 RP James & Jennifer Pumphrey 157 Morning Glory Drive Winchester, VA 22602 31 RP Kenneth E. & Flonnie M. Williams 428 Maple Avenue Waukesha, WI 53188 32 RP Ronald W. & Kathleen Ladesic 158 Morning Glory Drive Winchester, VA 22602 33 RP Robert & Kimberly Schoell 103 Primrose Place Winchester, VA 22602 34 RP Richard & Kay Edens 105 Primrose Place Winchester, VA 22602 35 RP David Lee Rogerson 107 Primrose Place Berryville, VA 22611 36 RP Bonnie L. Martin 109 Primrose Place Winchester, VA 22602 . 37 RP Jeffrey M. Beavers 111 Primrose Place Winchester, VA 22602 38 RP Christopher & Marlisa Eyre 113 Primrose Place Winchester, VA 22602 File#2185/KP/adf Greenway Engineering Bedford Village Subdivision 65E-((2)) Lot # Zoned Property Owner 10 RP Blaine P. Dunn 115 Bedford Drive Winchester, VA 22602 11 RP Mary K. & James M. Foley 113 Bedford Drive Winchester, VA 22602 12 RP Betty L. Mullen 111 Bedford Drive Winchester, VA 22602 13 RP Dennis C. Grubbs 109 Bedford Drive Winchester, VA 22602 14 RP Leslie Anne Hubbard 107 Bedford Drive Winchester, VA 22602 15 RP Michael & Cathy Springmann 105 Bedford Drive Winchester, VA 22602 16 RP Michael L. & Dawn M. Swedberg 103 Bedford Drive Winchester, VA 22602 File#2185/KP/adf Greenway Engineering 0 Briarwood Estates 55J-((1)) - (8) & (9) Lot # Zoned Property Owner 161 RP James & Kimberly Sugars 107 Yarrow Ct. Winchester, VA 22602 162 RP Gerard & Kimberly G. Root 109 Yarrow Ct. Winchester, VA 22602 163 RP Stephen M. Renner 106 Yarrow Ct. Winchester, VA 22602 202 RP William M. Jr & Betty A. Shanklin 211 Landyslipper Drive Winchester, VA 22602 203 RP Joseph A. & Kimberly R. Dzmura 213 Ladyslipper Drive Winchester, VA 22602 204 RP Ronald C. & Elizabeth A. Dishong 215 Landyslipper Drive Winchester, VA 22602 File#2185/KP/adf Greenway Engineering Burning Knolls 65B-((4))-A Lot # Zoned Property Owner 1 RP Robert S. & Kathy L. Emmons 2366 Senseny Road Winchester, VA 22602 2 RP Roland & Heather Hill 2360 Senseny Road Winchester, VA 22602 3 RP David L. Adams 1408 28th Street Niceville, FL 32578 4 RP Malcolm & Mary McDonald 98 Dixie Belle Drive Winchester, VA 22602 5 RP Scott & Julie Herrman 90 Dixie Belle Drive Winchester, VA 22602 6 RP Teresa J. Bowers 2324 Senseny Road Winchester, VA 22602 7 RP Robert D. & Bessie E. See 2310 Senseny Road Winchester, VA 22602 8 RP Christina N. Frizzell 2303 Senseny Road Winchester, VA 22602 9 RP Adam T. & Kimberly K. Jensen 99 Plantation Drive Winchester, VA 22602 10 & 11 RP Robert & Wanda Gilmer 314 Lanny Drive Winchester, VA 22602 12 RP Virginia M. McGee 314 Lanny Drive Winchester, VA 22602 13 & 14 RP Robert R. & Tammy K. Kennedy 2264 Senseny Road Winchester, VA 22602 File#2185/KP/adf Greenway Engineering Carlisle Heights - Sec IV 551-((1))-(4) Lot ## Zoned Property Owner 186 RP Gordon R. Jr. & Tammy S. Greer 308 Woodrow Road Winchester, VA 22602 187 RP Rex A. & Veronica Y. Pugh 9423 Victoria Street Manassass, VA 20110 188 RP Joseph X. & Diana L. Krecl 102 Rebecca Drive Winchester, VA 22602 189 RP Kelly D. Arnold 104 Rebecca Drive Winchester, VA 22602 190 RP Arthur G. Jr. & Joyce E. Rauch 106 Rebecca Drive Winchester, VA 22602 191 RP Nathan A. & Karie L. Newman 108 Rebecca Drive Winchester, VA 22602 192 RP Double S. Associates L.C. 1616 Whittier Avenue Winchester, VA 22601 193 RP Guideppa Sparacia 112 Rebecca Drive Winchester, VA 22601 194 RP Keith W. & Amy L. Rice 114 Rebecca Drive Winchester, VA 22602 195 RP Stephanie C. Kingsberry 116 Rebecca Drive Winchester, VA 22602 196 RP Stanley & Virginia Jenkins 118 Rebecca Drive Winchester, VA 22602 File#2185/KP/adf Greenway Engineering • Carlisle Heights - Sec IV 551-((1))-(4) Lot # Zoned Property Owner 197 RP Doris E. Burke 120 Rebecca Drive Winchester, VA 22602 198 RP Brian E. & Michelle M. McDonald 122 Rebecca Drive Winchester, VA 22602 199 RP Walter J. & Bonnie M. Szuminski 124 Rebecca Drive Winchester, VA 22602 200 RP William G. & Cynthia D. Grim 126 Rebecca Drive Winchester, VA 22602 201 RP Michael S. & Robyn R. Graves 128 Rebecca Drive Winchester, VA 22602 202 RP George A. Degirolamo 130 Rebecca Drive Winchester, VA 22602 203 RP David A. & Betty J. Whipky 132 Rebecca Drive Winchester, VA 22602 File#2185/KP/adf Greenway Engineering C.M. Lockhart Subdivision 65B-((5)) Lot # Zoned Property Owner 1 RP Steven & Rossanna Pebler 2374 Senseny Road Winchester, VA 22602 2 RP Kenneth J. Contrell 620 Timberton Drive Apt. 1 Winchester, VA 22601 3 RP Melvin H. & Mary E. Kump 2303 Senseny Road Winchester, VA 22602 4 RP Charles W. Nickleson 108 Broad Avenue Winchester, VA 22602 5&6 RP Edward L. Leona Snyder 125 Broad Avenue Winchester, VA 22602 7 RP Zane O. & Elanone M. Kerns 401 Three Oaks Road Winchester, VA 22603 8 RP Eliz. R. & Thelma A. Mason 2444 Senseny Road Winchester, VA 22602 9&10 RP Shirley Lambert P.O. Box 362 Winchester, VA 22611 File#2185/KP/adt Greenway Engineering Glenmont Village 65D-((1)) Lot # IZoned Property Owner 22 RP Louis Strother 101 Edgewood Drive Winchester, VA 22602 23 RP Timothy J. & Robert J. Snell 103 Edgewood Drive Winchester, VA 22601 Fite#2185/KP/ad Greenway Engineering Parkwood Manor 65B-((9)) Lot # Zoned Property Owner 1 RP Associated Investments Corp. 25 W. Main Street Berryville, VA 22611 2 RP Darel Lee & Betty J. Dyche 104 Parkwood Circle Winchester, VA 22602 3 RP William B. & Diane F. Beeler 108 Parkwood Circle Winchester, VA 22602 4 RP Steven L. Ragens 112 Parkwood Circle Winchester, VA 22602 5 RP John Kinney 116 Parkwood Circle Winchester, VA 22602 6 RP Franz X. Betschart 120 Parkwood Circle Winchester, VA 22602 7 RP Devona & Dale Richman 123 Parkwood Circle Winchester, VA 22602 TM# Zoned Property Owner 55-((A))-208 RP Helen & Dwayne Bean 561 Beans Pond Lane Winchester, VA 22602 65-((A))-22 RP George T. Damko 2097 Senseny Road Winchester, VA 22602 65-((A))-23 RP Russell W. & Velma Moreland 2105 Senseny Road Winchester, VA 22602 65-((A))-24 RP Sharley E. Morris 2123 Senseny Road Winchester, VA 22602 File#2185/KP/adf Greenway Engineering Parkwood Manor 65B-((9)) TM# Zoned Property Owner 65-((A))-25 RP Gary R. & Brenda C. Baker 2135 Senseny Road Winchester, VA 22602 65-((A))-25A RP Skip Baker P.O. Box 4272 Winchester, VA 22604 65-((A))-25B RP Robert J. & Linda S. Byers 2159 Senseny Road Winchester, VA 22602 65-((A))-27A RP Larry W. & Elda M. Buracker 2044 Senseny Road Winchester, VA 22602 65-((A))-34 RP Stephen Douglas Parsons 2239 Senseny Road Winchester, VA 22602 65-((A))-36 RP John A. Sherri L. Fiber 2251 Senseny Road Winchester, VA 22602 65-((A))-37 RP Richard F. Diana L. Giles 2154 Senseny Road Winchester, VA 22602 65-((A))-38 RP Wanda Jean & Jack High 2283 Senseny Road Winchester, VA 22602 File#2185/KP/adf Greenway Engineering 0 0 Senseny Glen 65F-((3)) Lot # Zoned Property Owner 85 RP Kent Richards 313 Canyon Road Winchester, VA 22602 86 RP Robert & Karen Voelkel 312 Canyon Road Winchester, VA 22602 File#2185/KP/adf Greenway Engineering Request for Master Development Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 0 Floor Department of Planning and Development 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Sovereign Village Location of property: Senseny Road Route 657 Department of Planning and Development's Comments: Department of Planning and Development use only Date reviewed Date reviewed Signature and Date Review Number 12 3 4 5 (please circle one) Date approved Revision required /t\ GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A Project Name: Sovereign Village -Master Development Plan Revisions File No: 2185 Date June 21, 2005 s� J U N 2 1 2005 hf�' COUNTY PLA ii i'rVrFL'.-?fJIENT To: FC Planning From: Kurt Pennington/dlm Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: ® Courier ❑ As You Requested Mike, Attached is the following for your preliminary review and comments: -Master Development Plan Application -Adjoining Property Owners -Application Review fee check for $17,220.00 -Planning comment sheet -2 copies of the Master Development Plan Revisions As always, thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received By: Date: ❑ Pick Up ® Please Comment N 5S JUN t 1 2003 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John COMMENTS: Mob- COW" lsl V � LAx-� Received by Clerical Staff (Date & Time): P55 ZZI 0 S LP(2-q05 e ✓; %� C<) L I►ilr 15 4l\e c 6-r-o-eo MANNING & ROSoSDE 2ELOPERS, LLC P.XWINCHESTE } 72R, VA22604 BANK OF CLARKE COUNTY WINCHESTER, VA 68-2511514 5675 6/21/2005 $ **17,220.00 7D PAY TO THE Frederick County Treasurer ORDER OF Seventeen Thousand Two Hundred Twenty and 00/100 *******************************************I�LLARSs' Frederick County Treasurer P. 0. Box 220 Winchester, VA 22604 Sov. Village -Master Dev. Plan Revisions MEMO 11�00567511':05L►,025L811'4 L52 6L E • Frederick County, Virginia Master Development Plan Application Package Required Information Checklist MASTER DEVELOPMENT PLAN The following information must be included on the master development plan. If the submitted master development plan is incomplete or is missing information, it will not be reviewed and will be returned to you for revisions. Administrative Information Yes No ✓ 1. Name of proposed development.`���, ;/ 2. Name, address, and telephone number of owner. 3. Name, address, and telephone number of developer. 4. Name, address, and telephone number of designer. ✓ � Signed certificate of surveyor, engineer, or architect. „/ 6. Date plan prepared and date of revisions. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should be cited. �' �" Q 8. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. 9. A space labeled "Approved by the County Administrator" for the approval signature and date of approval. 10. Magisterial District. 11. Sheet size less than 42 inches. Page 13 Frederick County, Virginia Master Development Plan Application Package General Information Yes No 1. Location map (scale 1:2000). + 2.' Scale of the MDP is not to exceed 1:100. 3. North Arrow. _ 4. Legend describing all symbols. (5. Surveyed boundaries of all lots and parcels. 6. Acreage of all parcels included in the MDP. V/ 7. Topography contour lines at acceptable intervals. /V_ A schedule of phases, boundary of phases, and order of development. 9. Use, zoning, and property owner of all adjoining properties. 10. Location of proposed uses (location, boundaries, arrangement). U 64 11. Location and treatment of historic structures and sites. 12. History of all land divisions in relation to this tract. 13. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, woodlands.: 14. Amount and percentage of disturbed and protected land in common open space. Page 14 Frederick County, Virginia Master Development Plan Application Package Residential Development Information Yes No 1. Location and dimension of Residential Separation Buffers. o% Acreage in common open space, in housing type, in road rights -of -way, and for the entire development (by Phase). V_ 3. Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. 4. Number of dwelling units (by type, phase, and in total). Location and configuration of required recreational facilities. Statement of required and type of facilities to be provided.— ),jg (_a +0 O o t J 'row Infrastructure Information Yes No 1. Location of adjoining streets and utilities. JO2 Location, arrangements, and right-of-way widths of roads and property access. / V/ 3. Location and arrangement of street entrances, driveways, and parking areas. 4. Location of entrances to the development from public streets. 5. Type of road design (rural or urban). 6. Use of inter -parcel connectors. Page 15 Frederick County, Virginia Master Development Plan Application Package 7. Traffic impact analysis. To be submitted to the Virginia Department of Transportation_ % 8. Location of sewer and water mains with statements concerning the connection with and availability of facilities. 9. Location and arrangement of electric and gas utilities. Other Design Information Yes No 1. Location of Zoning District and Road Efficiency buffers, and examples specifying the screening to be provided. ✓ 02. Plan for stormwater management. Location of stormwater facilities. y 3. Acreage of each type of environmental protection land. (Amount and percentage of disturbed and protected land in common open space.) Shown in a table format. 4. Amount, boundaries, and location of common open space. (Indicate the percentage of the entire site to be placed in common open space.) 5. Location of environmental protected areas to be included in common open space. Page 16 Frederick County, Virginia Master Development Plan Application Package Counly Health Department Information Yes No 2 V Statements and locations pertaining to sewer and water availability. Statements and locations concerning any existing pre- or post -water treatment facilities. Statements and location of any planned private treatment facilities. Page 17 08/16/2005 12:17 5407229509 It 0 FILE WITH REVISED MDP FOR SOVEREIGN VILLAGE GINA FORRESTE PAGE 01 T� M/\ C I qD C, 0 L c.�of� 1 5 dr C.Ol vo� � 1nnC� C�► AUG S 2005 U � v � Cam. A L) � ei= fin' 1 08/16/2005 12:17 5407229509 GINA FORRESTE PAGE 02 • ,�Irst 10,2005 Gina Forrester Frederick County Supervisor 105 Kapok Circle Winchester, Va. 22602 Dear Gina: Thank you for responding to my phone call and the time and attention you gave to my problem. It is refreshing to find someone willing to listen and help if they can. As I mentioned, I first thought of seeking an opinion from the County Attorney but was advised by an assistant in his office that the Attorney cannot respond to requests of individual taxpayers, but only other agencies of the County government. That being the case, I come to you to ask if you would submit the question in my behalf and that of the other 1.52 residents of the Subdivision. The question is simple and straightforward. It is this: In June 2003, the Board of Supervisors adopted an amendment to the Code which provides that all Lot owners, including the developer, shall be subject to the property owner assessment. Prior to that change, the County ( in December 2001) entered into a Deed of Dedication with the developers of this Subdivision that explicitly exempts the developers from assessments on any and all Lots they own in the Subdivision. Here is my question: Does the 2003 change in the Code override the exemption provision of the pre-existing Deed? Or is it a case involving sanctity of contract prohibiting any one party fxom unilaterally altering a provision of a prior contract. A possible clue to the answer may lie in the language of the Virginia Property Owners Act which certainly takes the side of grandfathering pre-existing contracts. It states in Section A that "This chapter shall not be construed to affect the validity of any provision of any prior declaration" unless that declaration is silent on the issue. For your reference, I attach a copy of the Code change made in 2003 and the conflicting provision of the 2001 Deed of Dedication. 1 hope that you will be able to give us homeowners some help in getting an authoritative answer to a simple and basic question —What does this Code change mean? Again, my thanks for your willingness to assist us. �_ J )ack W. Lewis 203 Wayfaring Dr. Winchester 22602 Phone (540) 722-8691 08/16/2005 12:17 5407229509 GINA FORRESTE PAGE 03 , , j d ed this day of THIS � OF DEDICATION, mac a )ecenArier, 2001, by and between MANNING & ROSS DEVELOPERS, LLC, a o Arginia Limited Liability Company, party of the first part, hereinafter called the w :)ECLAKANT (Grantor for indexing purposes), and FREDERICIC COUNTY ca VIRGINIA, party of the second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATI0N AU1-11ORITY, party of the third part (Grantee for indexing purposes) . he owner ill fee simple of the real estate WHEREAS, the DECLARANT is t shown on the attached plat drawn by Darren S. Foltz, L.S., dated October 12, 2001 jvlown as Sovereign Village, Section One, Phase One, which property is furtlier described on the Final Master Development Plan of Sovereign Village as filed in the Office of the County of Frederick Department of Planning and Development. This is a portion of the same rcal estate conveyed to the DECLARANT by peed dated October 1, 1 c)99, of record in the Office of the Clerk ofthe Circuit Court of Frederick County in Deed Book 948 at Page 1760; Mantling & Ross, LLC amended its name to Matlninb &- Ross Developers, LLC by certificate duly issued from the State Corporation Coininission dated January 2001, WHEREAS, said real estate, its shown rtn the aforesaid attached plat., has been subdivided into lots for the construction of single tatrtily homes thereon, and the attached plat shows accuratCIV t,lte metes and bounds of the subdivided land, togct.her with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to he used as conunon open space, storm water detention easement., landscaping easements, access and driveway easements, sanitary sewer easements, drainage utility easements over And across said lots, all of which shall constitute a portion of that development 1m0wtz as Sovereign Village, and which C011111ton oPe>> sl"'ce/driveway/ and access 08/16/2005 12:17 5407229509 GINA FORRESTE PAGE 04 • • certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Eff t of on-1 ment of secs a ts: R m dies f o --the- AsBOCiation; Any assessments which are not paid when due shall be delinquent the assessments which is 11ot paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be sodded to the amount of such assessment.. No Ovmer may waive or otherwise escape liability for the assessments provided for herein by non-use of the 'Common Areas" or abandonment. of his Lot . Section 9. ► rdination the Lien tQ lylor►g,=: The lien of the asscssinents provided for herein shall be subordinated to the lien of any rnortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclOSure thereof, shall extinguish the lien of'such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becriming due from the lien thereof - Section 10. Exemnt Prpnerty: The following property subject to the Declaration shall be exempt from the assessments created herein; (a) the "Common Areas"; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia: and (d) any and all lots, whether improved or unimproved, owned by DECLARANT. However, no residence occupied as a dwelling shall be exempt, from these assessments. 6 08/16/2005 12:17 5407229509 • GINA FORRESTE • PAGE 05 § 165-33 FREDERICK COUNTY CODE § 165-34 E. Agricultural and forestry operations shall be exempted from the above requirements. and loading F. Such requirements shall not apply to motor vehicle parking areas. § 165-34. PropertY owners' associations. A, Intent. "nt ownership, (�) The intent of this section is to provide for the )oi maintenance and use of common elements t dedicatedthis or public use, required under the provisions of Required open space, recreational facilities and other common elements shall be dedicated to a property owners' association or to Frederick County. Open space, recreational facilities and common elements shall only be dedicated to Frederick County with the approval of the Board of Supervisors. The property owners' association shall be solely financially responsible for its own operations, including al�approv d master deveaintenance of all lred opment pmenrt plan mon elements noted on or final subdivision plat. (2) It is intended that all required red size and nnatuee that s and facilities nst tote improvements shall b economically sound increments of development and that such areas and facilities be perpetuated and maintained by a property owners' organization or corporation. The intent is for the developer to provide for an organization or corporation consisting of all subdivision lot owners holding subdivision interests in the development. B. Establishing the property owners' organization. ies all (1) All private areas, easements, improvements owneraclftunitshare bo the sole responsibility of the de be sold or are ever sold on an individual basis, all private areas, easements, improvements or facilities shall be conveyed for joint ownership and common use by subsequent bpv property owners if Board of not dedicated for public use approved Supervisors. (2) Where required. 16554 a-10-2W3 08/16/2005 12:17 5407229509 GINA FORRESTE PAGE 06 ' 1 § 165-34 ZONING § 165-34 (a) The developer shall provide for the establishment of an organization or corporation for the ownership, perpetuation and maintenance of all private elements in developments or ' subdivisions in the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MW Mobile Home Community District. (b) In addition, such an organization or corporation shall be required for all required common areas or facilities in any shopping center, industrial park or office park, according to M the requirements of this section. (3) All final contracts between the developer or owner or his agents and all lot purchasers and the final subdivision plat shall include a consumer disclosure statement listing the property owners' association's annual assessments and a copy of the final approved property owners' association bylaws. A deed of dedication shall be provided by the subdivider or developer, with an article of bylaws providing for equal voting rights by all property owners and for election of officers or directors of the required property owners' association. (4) All lot owners, including the developer, shall be assessed on an equal basis for the perpetuation and maintenance of required common elements as long as such perpetuation and maintenance is necessary. Such assessments shall be sufficient for the perpetuation and maintenance of all common areas and facilities. (5) Such organization or corporation shall be created by covenants and restrictions approved the Director of Planning and Development and Commonwealth's Attorney and shall be composed of all persons having ownership within the boundaries of the development. (6) The developer or the required property owners' organization shall maintain all common elements in a manner so as to ensure the continued usefulness of those elements for their intended use 1 16555 e - 10 - 2003 08/16/2005 12:17 5407229509 GINA FORRESTE PAGE 07 § 165-34 FREDERICK COUNTY CODE § 165- and to ensure the full protection of the health and safety of t users of those elements. (7) The Subdivision Administrator shall review each final subdivisi plat and deed of dedication to ensure that the requirements this section are met. § 165-35, Nuisances. Any use of land or structures which creates the following nuisances shall be prohibited. In addition, the following standards shall be met: A. Glare. Outdoor lighting shall be arranged to deflect glare away from adjoining properties and public streets. Sources of light on a lot shall be hooded or controlled to prevent glare beyond the lot line. Sources which produce harmful glare or ultraviolet rays, including arc welding or acetylene torches, shall be completely screened from view sufficiently to be imperceptible beyond the lot lines. B. Radiation hazards. No use shall be allowed which creates radiation emissions which are hazardous to the health and safety of the general public. No uses shall be allowed which discharge radioactive materials into the atmosphere, soils or bodies of water. All uses handling radioactive materials shall conform with applicable local, state and federal regulations. C. Electromagnetic interference. No use shall be allowed which creates electric disturbances which would adversely affect the operation of equipment beyond the lot line of the use. D. Vibrations. No use shall be allowed which creates any vibration discernible for three minutes or more in any one hour. In no case shall vibrations exceed a maximum peak particle velocity of 0.05 inch per second. E. Fire hazards. No use shall be allowed which does not conform with all applicable fire codes and the Frederick County Code concerning fire hazards and the storage of explosives. F. Air pollution. No use shall be allowed which does not conform with the regulations of the Virginia State Air Pollution Control Board concerning the emissions of smoke, particulate matter, odors and other gaseous pollutants. 16556 6 - 10 - 2003 T Sovereign Village MPD Adjoners 55 A 206 • 55 A 208 55G 5 2 30A 55M 2 9 149D 65H 12B 134 65H 12B 116 65H 12B 115 65H 12B 114 65H 12A 113 65H 12A 80 65H 12A 79 65H 12A 78 65H 12A 77 65H 12A 88 65H 12A 89 65H 12A 90 65H 12A 91 65H 12 15 65H 12 14 65H 1 1 1 65H 1 1 76 65H 1 1 64 65H 13A 1 65H 13A 2 65H 13A 25 65H 13A 26 65H 13A 24 65H 13A 17 65H 13A 16 65 A 34 65 A 36 65 A 37 65 A 38 65H 12B 134A TO: BARBARA- DATA PROCESSING FROW BEV - PI nning Dept. Please pri t sets of Ia e1s � �'- . HANKS! w N 11 REQUESTING AGENT; DEPT. OF GEOGRAPHIC WORMATION SYSTEMS FREDERICK COUNTY, YIRGRiM GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: 02 I REQUESTED COMPLETION DATE: DeparbAent, Agency, or Company:- -Mailing and/or Billing Address: Telephone: E-mail Address: ESTRvIATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional DIGITAL: PAPER: FAX: SIZES: COLOR: FAX: nfonnation_on ha . o �-0 7 5O k/L�-hGe XOFFVAJE�6 Poj's 6s-A-3q) 6IA4 E-MAIL: BLACKlWIUTE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-Up/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECKNO-4 Frederick County GIS, 107 North Kent Str(--et, Winchester, VA 22601, (54D)665-5651) S COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING April 25, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-07 OF SOVEREIGN VILLAGE -REVISED On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, May 9, 2007 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #01-07 for a MDP which reflects revisions to Sovereign Village, submitted by Greenway Engineering for 216 Single Family Urban Detached Units, 42 Single Family Detached Zero Lot Line Units, 62 Multiplex Units and Commercial Use. The properties are located on Senseny Road (Route 657), and are identified with Property Identification Numbers 65-A-39 and 65-A-39A, in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on t11y07 from the Department of Planning and Development, Frederick County, Virginia: 65H - 1-213- 134- HORNE, MARK C Manning & Ross HORNE, NORMA J PO Box 27 348 ROSSMANN BLVD Winchester, VA 22604 WINCHESTER, VA 22602-6792 65H - 1-213- 116- BROOKSHIRE, DENNIS S & JESSICA R 100 GODWIN CT Greenway Engineering WINCHESTER, VA 22602-6787 151 Windy Hill Lane 65d -1-2B 115- Winchester, VA 22602 1 `PP SCORCA, PAIN:�K & ANN: MARIE 55 - A- - 206- LYNNEHAVEN, LC �25 ROSSMAN BLVD 112 N CAMERON ST WIN04LSTER, VA 'r,02 WINCHESTER, VA 22601-4745 65H - 1-25- 114- MALLETTE, HARRY J & CLAUDETTE M 55 A- - 208- 320 ROSSMANN ;;.VD 0 R DLEVELOPM[lT, LLC W; PJCHESTE8 4A 22^ 1 "CKETTS L;' 65H - 1-2A- 113- WINCh;ZTER, VA 22601 FRY, BRUCE A & DELORES J 55G - 5- 2- 30-A FIELDSTONE TOWNHOME ASSOC., INC ::10 a'OPERTY MGMT PEOPLE, INC i MILLER DR SUITF K-I ATTN- LEESBURG, VA 7011. 55M - 2- 9- 149-D TOLL VA IV, !-P 21630 RIDGETCP CIRCLE STE 130 DULLES, VA 20166 101 DOVER DR WINCHESTER, VA 22602 Candice E. Perkins, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do aereby certify that Ci9dice E. Perkins, Planner II for the epart ent of Planning and Development, whose name is signed to the foregoing, dated ,has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of ®© % My commission expires on 1 a4% i 65H - 1-213- 134-A SOVEREIGN TILLAGE HOMEOWNERS ASSOC INC P 0 BOX 652 WINCHESTER. VA 22604 65H - 1-2A- 80- 65H - 1- 1- 64- ZOTTIG, SCOTTI ABUNASSER, ADEL ZOTTIG, CHERI 300 ROSSMANN BLVD 101 :.N G0G.! TEli WINCHESTER, VA 22602-6792 .'!INCHEST ER, VA 72662.5772 65H - 1-2A- 79- 65H - 1-3A- 1- JACKSON, BRYAN K & JODY N LANDAVERDE, MARIA C 282 ROSSMAN BLVD 608 F RM!,�s'U'TON BLVD WINCHESTER, VA 22602 !10!;OC;LSTER, VA ?2602-435p 65H - 1-2A- 7?- 65H - 1-3A- 2- SOORS, WILLIAM M & ASIGAIL A PORTILLO, HILDA 286'MSSNiN,:"2 6LVC 606 FARMINGTON BLIlb WINCHESTER, VA ?Lb'OL q WINCHESTER, VA 22602 65H - 1-2A- 77- ROGERS, CHARLES S & BETH A 65H - 1-3A- 25. 278 ROSSk°;NN BLVD TRAN, HAI MINH WINCNraTER, VA 22F's2-5789 NGUYEN, TUYET-DIEM THI 604 FARMINGTON BLVD 65H - 1-2A- 88- WINCHESTER, VA 22602.4357 Mk?IOWE, TRINA 65H - 1-3A- 26- 105 WICKHAM TER CASTILLO, FERNANDO PANTOJA WINCHESTER, VA'76C7 TURNER, MARY F 602 FARMINGTON BLVD 65H - 1-2A- 89. WINCHESTER, VA 22602-4357 MUTH, JOHN M JR & HEATHER J 103 WICKHAM TER 65H - 1-3A- 24- WINCHESTER, VA JI,HNSON, KENNETH is 22602 'Oh"SON, RENE I 65H - 1-2A. 90 ?02 !UL ZIAR DR VENEGAS, SHANON HUESTIS WIN: HESTEr., oA 22602 65H - 1-3A- 17- 101 WICKHAM TER FRAZIER, KEITH M WINCHESTER, VA 22602-6780 %RA7"--i, TAMARA S 65H - i-:.4- 91- :;r , JULASAR DR ,, MATTHEWZ..KIRK D & Hi.4THER WINCHESTER, VA %��..� , 100 WICi<HAM 65H - 1-3A- 16- WINCHESTEh, VA 2260c%?79 DENNEY, THOMAS C JR G'NNEY,LAVENDAL 65H - 1- 2- 15- 108 JULASAR DR REID, DAVID L JR & JODEE E WINCHESTER, VA 22602-4359 65 - A- - 34. 101 MOror1 ER PARSONS, STEPHEN DOUGLAS l%'l°:�.':LSTER, Vq 22 2239 SENSENY RD 65H - 1- 2- 14- WINCHESTER, VA 22602-8902 MARTINEZ, VIOLETA 65 - A- - 36- 100 MONET TER BESTLAND CORPORATION WINCHESTER, VA 22602 43351 ICE POND DR 65H - 1- 1- 1- ASHBURN, VA 20147-5321 BOWEN, ROBERT B & DONNA L L5 - A. - 37- GIiFS, RICHARD F & DIAL;a L 212 WAYFARING DR 2154 a "ISENY :cl!` WINCHESTER, VA 22602 li0NCHESIE , VA 65H - 1- 1- 76- 65 - A. - 38- KANG, JUNG S HIGH, WANDA JEAN & JACK 213 WAYFARING DR WINCHESTER, VA 22602-6768 228J StNSE�; ;u WINCHF�- r_rf, VA 22602-8883 c COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING April 6, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-07 OF SOVEREIGN VILLAGE:.- REVISED On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, April 18, 2007 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #01-07 for a MDP which reflects revisions to Sovereign Village, submitted by Greenway Engineering for 216 Single Family Urban Detached Units, 42 Single Family Detached Zero Lot Line Units, 62 Multiplex Units and Commercial Use. The properties are located on Senseny Road (Route 657), and are identified with Property Identification Numbers 65-A-39 and 65-A-39A, in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 forth Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify tha t e attached correspondence was mailed to the following on v% from the Department of Planning and Development, Frederick County, Virginia: 65H 1 212 134 Manning & Ross PO Box 27 Winchester, VA 22604 Greenway Engineering 151 Windy Hill Lane v� Winchester, VA 22602 55 - A- - ZU6- LYNNEHAVEN, LC 112 N CAMERON ST WINCHESTER, VA 55 - A- - 208- Q R DEVELOPMENT, LLC HORNE, MARK C HORNE, NORMA J 348 ROSSMANN BLVD �j WINCHESTER, VA 22602-6792 bbti - 1-Lb- 1Ib- BROOKSHIRE, DENNIS S & JESSICA R 100 GODWIN CT WINCHESTER, VA 22602.6787 bbh - I-Ltf 115- SCORCA, PA-i t?;fK & ANML— MARIE -"5 ROSSN1AN BLVD WINCHESTER, VA :2902 2k 501.4745 65H - 1-ZU- 114- MALLETTE, HARRY J & CLAUDETTE M 320 ROSSMANN %VD WINCHESTER, `rA 2i° 1'CKETTS i:? WINCh:STER,VA 22601 55G - 5- 2- 30-A FIELDSTONE TOWNHOME ASSOC., INC ZIO PROPERTY MGMT PEOPLE, INC %41 MILLER DR SUITE KA ATTN- LEESBURG, VA 7's 0?5 55M - 2- 9. 149-0 TOLL VA IV, LP 21630 RIDGETOP CIRCLE STE 130 DULLES,VA 20166 STATE OF VIRGINIA COUNTY OF FREDERICK 65H - 1-2A- 113- FRY, BRUCE A & DELORES J 101 DOVER DR WINCHESTER, VA 22602 Candice E. Perkins, Planner II Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do ereby certify that CwAice E. Perkins, Planner II for the De art ent of Planning and Development, whose name is signed to the foregoing, dated Ll 6 7 , has personally appeared before me and acknowledged the same in my Staid an6 County aforesaid. Given under my hand this day of - OU My commission expires on b r� . � •.� / /,//.ice. dV� 65H • 1-2A- 80- 65H - 1-3A- 2- ZOTTIG, SCOTTI PORTILLO, HILDA ZOTTIG, CHERI 300 ROSSMANN BLVD 606 FARMINGTON BLVD WINCHESTER, VA 22602.6792 WINCHESTER, VA 22602 b5H - I -LA- !y 65H - 1.3A- 25- JACKSON, BRYAN K & JODY N TRAN, HAI MINH 282 ROSSMAN BLVD NGUYEN, TUYET•DIEM THI WINCHESTER, VA 22602 604 FARMINGTON BLVD F5H - 1-2A- 78- WINCHESTER, VA 22602-4357 &i:L'RS, WILLI:'M M & ABIGAII A bbH - I-JA- Lb- CASTILLO, FERNANDO PANTOJA 290 ROSSi.°tiNN BLVC TURNER, MARY F WINCHESTER, r: 22602-6799 602 FARMINGTON BLVD b5H -'I-ZA- WINCHESTER,VA 22602-4357 ROGERS, CHARLES S & BETH A b5H - I-3A- L4- 278 ROSSP!ANN BLVD JOHNSON, KENNETH WINCNi STER, VA 226C,2-5789 491-1?:SON, RENE I 65H - 1.2A- 88- 102-9)'L!I--4R DR MAIM -OWE, TRINA WINCHESTEn, 0 22602 65H - 1-3A- 17- 105 WICKHAM TER FRAZIER, KEITH M WINCHESTER, VA 22602 %RAZ,Ek, TAMARA S 65H - 1-2A• 89• JULASAR DR MUTH, JOHN M JR & HEATHER J WINCHESTER, VA 22r�^D2 103 WICKHAM TER 65H - 1-3A- 16- WINCHESTER, VA 22602 DENNEY, THOMAS C JR oon - rim- nu- DFNNEY, LAVENDA L VENEGAS, SHANON HUESTIS 108 JULASAR DR WINICHESTER, VA 22602-4359 101 WICKHAM TER 65 - A- - 34- WINCHESTER, VA 22602-6780 PARSONS, STEPHEN DOUGLAS 6U,,q - 1-2A- 91- 2239 SENSENY RD MATTHEWS, KIRK D & HEATHE6 WINCHESTER, VA 22602-8902 100 WIL;l;:AI TER oo au- i;ESTFn, jA 2 E92-6779 BESTLAND CORPORATION bbH - I- L- I REID, DAVID L JR & JODEE E 43351 ICE POND DR ASHBURN, VA 20147.5321 101 MOMLT TER Go -A- - "- WP: ,: ESTER, VA 275; f-1 GILES, RICHARD F & Dlk.'A L 2154 SENSENY Fir 65H - 1. 2- 14- V0NCHESTE2, VA 2250'L-Qy i^ MARTINEZ, VIOLETA 65 - A- - 38- 100 MONEi TER HIGH, WANDA JEAN & JACK v!ANCHESTER, .!A 22602 65H - 1- 1- 1- 2283 SEI�cNY RD BOWEN, ROBERT B & DONNA L WI.".i':;tSTER, VA [2602-8903 b5H -1-ZH- 134-A 212 WAYFARING DR SOVEREIGN `.PILLAGE HOMEOWNERS ASSOC WINCHESTER, VA 22602 INC oon - i- i- io- P 0 BOX 652 KANG, JUNG S WINCHESTER, VA 2260 213 WAYFARING DR WINCHESTER, VA 22602-6768 65H - 1- 1- 64- CRUNASSER, ADEL i0l VAN :-t'rH TER WINCHESTEh, ►4 22602-6i 2 b5H • I -SA- I- LANDAVERDE, MARIA C 608 F"flM!N'TON BLVD V'.INC�iESTER, VA 22602.435E w COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING February 23, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-07 OF SOVEREIGN VILLAGE -REVISED On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, March 7, 2007 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #01-07 for a MDP which reflects revisions to Sovereign Village, submitted by Greenway Engineering for 216 single family detached units and 116 multiplex units. The properties are located on Senseny Road (Route 657), and are identified with Property Identification Numbers 65-A-39 and 65-A-39A, in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Cal W� � 0- Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 This is to certify that , the attached correspondence was mailed to the following on /�/0 from the Department of Planning and Development, Frederick County, Virginia: Manning & Ross PO Box 27 p�h�`' Winchester, VA 22604 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 e` 55 - A- - 206- LYNNEHAVEN, LC 112 N CAMERON ST WINCHESTER, VA 55 - A- - 208- 0 R DEVELOPMENT, LLC 65H - 1-213- 134- HOR'%E, MARK C HORNE, NORMA J 348 ROSSMANN BLVD WINCHESTER, VA 22602-6792 65H - 1-2B- 116- BROOKSHIRE, DENNIS S & JESSICA R 100 GODWIN CT WINCHESTER, VA 22602-6787 65H - 1-213- 115- SCORCA, PATRICK & ANNE MARIE 326 ROSSMAN BLVD WINCHESTER, VA 22602 22601-4745 65H - 1-20 114 MJIALLETTE, HARRY : & !-' AUDETTE M 320 ROSSMANN BLVD WINCHESTER, VA 22602-6792 22A RICKETTS DR WINCHESTER,VA 22601 55G - ti- ?- 30-A FIELDSTONL TOWNHOME ASSOC., INC CIO PROPERTY MGMT PEOPLE, INC 741 MILLER DR SUITE K-1 ATTN: LEESBURG,VA 20175 55N •, - 2- 9- 14. 0 TOLL VA I's', LP 21F5, RIDGETOP C1%LE STE I% ;"jLLES,VA 211-56 STATE OF VIRGINIA 65H - 1-2A- 11�- FRY, BRUT= A & DELORES J I DOVr-A DR WINCHESTER,VA 2260' l� \ Candice E. Perkins, Planner II Frederick County Planning Dept. COUNTY OF FREDE K a Notary Public in and for the State and County aforesaid, do I e eby certify that Ca ce E. Perkins, Planner II for the D part ent of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of �OP� My commission expires on 65H 1-2" i34-A SOVratIGN VILLAC!-� HOMEOVv".cRS ASSOC ' al. P 0 BOX 657 WINCHFiER, VA 22604 OVrN 65H . 1-2A- 80- 65H - 1- 1- 64- ZOTTIG, SCOTTI ABUNASSER, ADEL ZOTTIG, CHERI 300 ROSSMANN BLVD 101 VAN GOGH TER WINCHESTER, VA 22602 6792 WINCHESTER, VA 22602-6772 65H - 1-2A- 79- 65H - 1-3A- i JACKSON, BRYAN K & JODY N LANDAVERDE, Mrs: !A C 282 ROSSMAN BLVD 508 FARMINGTON BLVD WINCHESTER,VA 22602 WINCHESTER, VA 22602.4358 65H - 1-2A- 78- 65H - 1 2- SOURS, WILLIAM M & ABIGAIL A PORTILLO, Nat i'y 280 ROSSMANN BLVD 606 F,',!;iAINGTON BLI,' WINCHESTER, VA 22602-6789 MI,"jGHESTER, VA 2'602 656 -'-2A- 77- 65H - 1-3A- 25- ROGERS, L:+ARLES 5 & BETH h TRAN, HA! "IINH 278 ROSSMAwN BLVD NGP i EN, TUYET-DIEM THI WINCHESTER, VA 22602.6789 504 FARMINGTON BLVD 65R - 1.2A- 88- WINCHESTER, VA 22602.4357 MARLOWF.',AINA 65H - 1-3A- 26- CASTILLO, FERNANDO PANTOJA 1OF :rICKHAM , ER TURNER, MARY F '<';INCHEST'R, VA e2602 602 FARMINGTON BLVD 65H - 1.2A- 89- WINCHESTER, VA 22602-4357 MUTH, JOHN M JR & HEAT HER J 65H - 1-3A- 24- 103 WICKHAM TER JOHNSON, KENNETH G WINCHESTER, VA 22602 JOHNSON, RENE I 102 JULASAR DR 65H - 1-2A- 90- WINCHESTER, VA 22602 VENEGAS, SHANON HUESTIS 65S - 1 3A 17 101 WICKHAM TER FRAZIEH, KEITH M WINCHESTER, VA 22602-6780 FRAZIER, TAMARA S 106 JULASAR OR 65H - 1-2A- 91- WINCHESTER, VA 22602 MATTHEWS, KIRK D & HEATHER J 65N 1-3A- 16- 100 WICKHAM TER ` " YNEY, THOMAs 'JR WINCHESTER, VA 22602-6779 DENNEY, LA► -;; IA 1 108 JUI ' SAR DP. 65i; 1-2- WIN;HESTER,VA 22602-4359 ?EID, DtiVID L JR & JODEE E 65 - A- - 34- 101 MONET TER PARSONS, STEPHEN DOUGLAS WINCHESTER, VA 22602 2239 SENSENY RD WINCHESTER, VA 22602.8042 65H - i- 2- 14 -AARTINEZ lliOLETA 65 - A- - 36. 100 MP iT TER BESTLAND CORPORATION Wl,%: HESTER, VA L602 43351 ICE POND DR 65H 1 1 1 ASHBURN, VA 20147.5321 BOWEN, ROBFs'ST B & DONNA L 65 A 37 GILES, RICHARD F & DIANA 212 WAYFARING DR L 2154 SENSENY RD WIN.:,HESTER, VA 22602 WINCHESTER, VA 22602.8910 - 1. 1- 65 A• - 32. KA NG, JUNG S HIGH, WANDA JEA% & JACk 213 WAYFARING DR WINCHESTER, VA 22602-6768 2283 SENSENY RD WINCHESTER, VA 27602.8903 Sovereign Village MPD Adjoners 55 A 206 55 A 208 55G 5 2 30A ✓ 55M 2 9 149D ✓ 65H 12B 134 65H 12B 116 65H 12B 115 65H 12B 114 r 65H 12A 113 65H 12A 80 65H 12A 79 65H 12A 78 / 65H 12A 77 i 65H 12A 88 / 65H 12A 89 65H 12A 90 l 65H 12A 91 65H 12 15 65H 12 14 65H 1 1 1 65H 1 1 76 65H 1 1 64 ' 65H 13A 1 65H 13A 2 65H 13A 25 65H 13A 26 / 65H 13A 24 65H 13A 17 / 65H 13A 16 65 A 34 65 A 36 65 A 37 65 A 38 65H 12B 134A TO:BARBARA-DATA PROCESSING FROM:BEV - PI nn1n9 Dept. Please pri t sets of labels by - ° HANKSI COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 �I MAY 1 2007 65H - 1-28- 134- HORNE, MARK C HORNE, NORMA J 348 ROSSMANN BLVD WINCHESTER,VA 22602.6792 016H26508243 $ 00.390 04/25/2007 Mailed From 22601 US POSTAGE NXXIL .O]. 1 00 041lIJO7 RETURN TO SENDER VACANT UNADL.E TO FORWARD MC: 22601 SOO907 *3017 - 03190--2.S 30 _a��s0a�►�0�� . , I„I,I„I,I,II„II,,,,,,II,I,I,II,,,,,ll,i,l„II,,,I,,,I,l,l,l COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING April 25, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-07 OF SOVEREIGN VILLAGE -REVISED On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, May 9, 2007 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan 401-07 for a MDP which reflects revisions to Sovereign Village, submitted by Greenway Engineering for 216 Single Family Urban Detached Units, 42 Single Family Detached Zero Lot Line Units, 62 Multiplex Units and Commercial Use. The properties are located on Senseny Road (Route 657), and are identified with Property Identification Numbers 65-A-39 and 65-A-39A, in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, f .. Candice E. Perkins Planner II CEP/bad 107 North Rent Street, Suite 202 • Winchester, Virginia 22601-5000. Photo #1 is my cul de sac in Sovereign Village. Each morning 30 + children gather at this point to pick up the school bus, and return here around 3 PM. Photo #2 is what it looks like looking the other way. The hill of dirt you see behind the two houses at the end of the cul de sac is where the zero -lot housing and multiplexes will go. It will be that close! i;�AAL Photo #3 is what you see when you drive into Sovereign Village. The hill to the left is where those 115 units will go. Look how close they are to people's back yards across Rossman Boulevard on the right. Photo #4 shows the view a little way down the road. Where you see the trees marks the edge of a sharp gulch. In the proposed change to the master plan, Manning and Ross or the company to whom they will sell this piece of land would squeeze several streets, the multi-plexes, and zero -lot line houses between the road and the tree line. That kind of density is hugely out of keeping with the rest of the subdivision. I%ft Photo #5 shows the intersection of Rossmann and Dover Drive where a road will purportedly go across into that narrow, dense development. It is a block from where those children gather for the school bus every morning. ' .. 4 .. iJ�'L.1...... e... Photo #6 shows a close up of this narrow space please note that just beyond the trees and the gulch are MORE single family houses in Lynn Haven like the ones in Sovereign Village. �.' y e �"V � _ _ _t`i� _�� =- mot.. _ _ `+y �,� Photo #7 is a close up taken from Canyon Drive of that gulch. Deer often come through here, and it hard even for them to make it up and down that steep gulch. Photo #1 is my cul de sac in Sovereign Village. Each morning 30 + children gather at this point to pick up the school bus, and return here around 3 PM. Photo #2 is what it looks like looking the other way. The hill of dirt you see behind the two houses at the end of the cul de sac is where the zero -lot housing and multiplexes will go. It will be that close! Photo #3 is what you see when you drive into Sovereign Village. The hill to the left is where those 115 units will go. Look how close they are to people's back yards across Rossman Boulevard on the right. Photo #4 shows the view a little way down the road. Where you see the trees marks the edge of a sharp gulch. In the proposed change to the master plan, Manning and Ross or the company to whom they will sell this piece of land would squeeze several streets, the multi-plexes, and zero -lot line houses between the road and the tree line. That kind of density is hugely out of keeping with the rest of the subdivision. Photo #5 shows the intersection of Rossmann and Dover Drive where a road will purportedly go across into that narrow, dense development. It is a block from where those children gather for the school bus every morning. •a2ulPA u211a.13noS ui sauo aq; a)lll uanuH uuSj ui sasnoq ,fliuiu3 al2uis :IHOW aau galn2 aqj pun saa i; aqj puo,faq isnf;ugl a;ou asuald—aauds mo.i.luu siq;;o do asola u smogs 9# ologd --or MP - Ap Photo #7 is a close up taken from Canyon Drive of that gulch. Deer often come through here, and it hard even for them to make it up and down that steep gulch. .�, low Photo #1 is my cul de sac in Sovereign Village. Each morning 30 + children gather at this point to pick up the school bus, and return here around 3 PM. PWOM ,,, Photo #2 is what it looks like looking the other way. The hill of dirt you see behind the two houses at the end of the cul de sac is where the zero -lot housing and multiplexes will go. It will be that close! 11 Photo #4 shows the view a little way down the road. Where you see the trees marks the edge of a sharp gulch. In the proposed change to the master plan, Manning and Ross or the company to whom they will sell this piece of land would squeeze several streets, the multi-plexes, and zero -lot line houses between the road and the tree line. That kind of density is hugely out of keeping with the rest of the subdivision. Photo #3 is what you see when you drive into Sovereign Village. The hill to the left is where those 115 units will go. Look how close they are to people's back yards across Rossman Boulevard on the right. �I� .. �+ h y.i _ ,� �. Photo #5 shows the intersection of Rossmann and Dover Drive where a road will purportedly go across into that narrow, dense development. It is a block from where those children gather for the school bus every morning. „ay,r.: %.. a ,.. .ai.. ”' .' Y4 \, Av.l ' , ...... Photo #6 shows a close up of this narrow space —please note that just beyond the trees and the gulch are MORE single family houses in Lynn Haven like the ones in Sovereign Village. W7+ 4 Photo #7 is a close up taken from Canyon Drive of that gulch. Deer often come through here, and it hard even for them to make it up and down that steep gulch. Photo #1 is my cul de sac in Sovereign Village. Each morning 30 + children gather at this point to pick up the school bus, and return here around 3 PM. r /* I / N-,� -s-. 7.1", 1p 37A Photo #2 is what it looks like looking the other way. The hill of dirt you see behind the two houses at the end of the cul de sac is where the zero -lot housing and multiplexes will go. It will be that close! i �� _ _ . �_ Photo #3 is what you see when you drive into Sovereign Village. The hill to the left is where those 115 units will go. Look how close they are to people's back yards across Rossman Boulevard on the right. ��'' .. .�...;_ - y.,_ .� . , _ Photo #4 shows the view a little way down the road. Where you see the trees marks the edge of a sharp gulch. In the proposed change to the master plan, Manning and Ross or the company to whom they will sell this piece of land would squeeze several streets, the multi-plexes, and zero -lot line houses between the road and the tree line. That kind of density is hugely out of keeping with the rest of the subdivision. Photo #5 shows the intersection of Rossmann and Dover Drive where a road will purportedly go across into that narrow, dense development. It is a block from where those children gather for the school bus every morning. Photo #6 shows a close up of this narrow space —please note that just beyond the trees and the gulch are MORE single family houses in Lynn Haven like the ones in Sovereign Village. N7�1 Photo #7 is a close up taken from Canyon Drive of that gulch. Deer often come through here, and it hard even for them to make it up and down that steep gulch. Photo #1 is my cul de sac in Sovereign Village. Each morning 30 + children gather at this point to pick up the school bus, and return here around 3 PM. �� 7/ 1 Photo 42 is what it looks like looking the other way. The hill of dirt you see behind the two houses at the end of the cul de sac is where the zero -lot housing and multiplexes will go. It will be that close! ..��. - ���"" ��� Y/�! �...... i i r'f. -..� _ __. _. ... -�. �r� �n't��r. _. Photo #3 is what you see when you drive into Sovereign Village. The hill to the left is where those 115 units will go. Look how close they are to people's back yards across Rossman Boulevard on the right. Photo #4 shows the view a little way down the road. Where you see the trees marks the edge of a sharp gulch. In the proposed change to the master plan, Manning and Ross or the company to whom they will sell this piece of land would squeeze several streets, the multi-plexes, and zero -lot line houses bet -A the road and the tree line. That kind of density is hugely out of keeping with rest of the subdivision. ~ �II��.. Photo #5 shows the intersection of Rossmann and Dover Drive where a road will purportedly go across into that narrow, dense development. It is a block from where those children gather for the school bus every morning. Photo 46 shows a close up of this narrow space —please note that just beyond the trees and the gulch are MORE single family houses in Lynn Haven like the ones in Sovereign Village. Photo #7 is a close up taken from Canyon Drive of that gulch. Deer often come through here, and it hard even for them to make it up and down that steep gulch. Photo #1 is my cul de sac in Sovereign Village. Each morning 30 + children gather at this point to pick up the school bus, and return here around 3 PM. 1 • I •III_ U - _ Ali-�_�►- Photo #2 is what it looks like looking the other way. The hill of dirt you see behind the two houses at the end of the cul de sac is where the zero -lot housing and multiplexes will go. It will be that close! .� ?: �\=�� � �� �� � -_ .: � «w k,. �� ° � � �<y«- 2 � }fI �«-� �>--\�2�. ^�:a2 �E� \. . ��: � ^��. � � G� w� � � � .� � � � . � / _ � � &� . x� , � . . - - � � %ep: .. �, ,. ? k�r !,� .� 4� � - . � � � :/,� \, ��� ��. + f� � � ` w , » � «� � y; � � Z. ¥ , . . . • , . » # , ¥ « ��>: ��� /��������� ������\����~ � ����� Photo #3 is what you see when you drive into Sovereign Village. The hill to the left is where those 115 units will go. Look how close they are to people's back yards across Rossman Boulevard on the right. Photo #4 shows the view a little way down the road. Where you see the trees marks the edge of a sharp gulch. In the proposed change to the master plan, Manning and Ross or the company to whom they will sell this piece of land would squeeze several streets, the multi-plexes, and zero -lot line houses between the road and the tree line. That kind of density is hugely out of keeping with the rest of the subdivision. Photo #5 shows the intersection of Rossmann and Dover Drive where a road will purportedly go across into that narrow, dense development. It is a block from where those children gather for the school bus every morning. Photo #6 shows a close up of this narrow space —please note that just beyond the trees and the gulch are MORE single family houses in Lynn Haven like the ones in Sovereign Village. OF Photo 97 is a close up taken from Canyon Drive of ,that gulch. Deer often come through here, and it hard even for them to make it up and down that steep gulch. Eric Lawrence From: Lois Madison [sovereignrealty@comcast.net] Sent: Wednesday, September 22, 2010 8:33 AM To: 'Ingram, Lloyd' Cc: Eric Lawrence; Mark Cheran; 'Smith, Matthew, RE.'; dfritts@bankofclarke.com Subject: RE: Sovereign Village - Intersection of Rossman Blvd Agreement Thank you all very much for your help in this matter. Lois Madison Lois E. Madison, Broker Sovereign Realty & Associates, Inc. 609 Farmington Blvd. Winchester, VA 22602 540-723-6930 (office) 540-723-6931 (fax) 540-974-0592 (cell) Manning & Ross Madison Builders, Inc. P. 0. Box 27 Winchester, VA 22604 540-723-9868, x10 (office) 540-723-9869. (fax) 'Copp, Jerry'; 'Hoffman, Gregory'; & Senseny Road - Traffic Signalization From: Funkhouser, Rhonda [ma iIto: Rhonda, Fun khouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, September 22, 2010 7:36 AM To: Lois Madison Cc: Eric Lawrence; mcheran@co.frederick.va.us; Ingram, Lloyd; Smith, Matthew, P.E.; Copp, Jerry; Hoffman, Gregory; dfritts@bankofclarke.com Subject: Sovereign Village - Intersection of Rossman Blvd. & Senseny Road - Traffic Signalization Agreement Attention: Mr. Greg Bancroft VDOT is returning the original Bank of Clarke County Letter of Credit #12-04 in the amount of $125,000.00 to the Bank of Clarke County (copy attached) via certified mail. This document is being returned per the Agreement for the Installation of Traffic Signal dated September 23, 2003 as the agreement is not longer needed. «LC 12-04.pdf>> <<2003_09_23_Signal_Agreement.pdf>> Should you have any questions or concerns, do not hesitate to contact me. Lloyd A. Ingram, Land Development Engineer VA Department of Transportation — Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax # (540) 984-5607 Paper Copy. Bank of Clarke County -Attn: Dale Fritts (certified mail w/original letter of credit) Eric Lawrence From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.virginia.gov] Sent: Wednesday, September 22, 2010 7:36 AM To: Lois Madison Cc: Eric Lawrence; Mark Cheran; Ingram, Lloyd; Smith, Matthew, P.E.; Copp, Jerry; Hoffman, Gregory; dfritts@bankofclarke.com Subject: Sovereign Village - Intersection of Rossman Blvd. & Senseny Road - Traffic Signalization Agreement Attachments: LC 12-04.pdf; 2003_09_23_Signal_Agreement.pdf Attention: Mr. Greg Bancroft VDOT is returning the original Bank of Clarke County Letter of Credit #12-04 in the amount of $125,000.00 to the Bank of Clarke County (copy attached) via certified mail. This document is being returned per the Agreement for the Installation of Traffic Signal dated September 23, 2003 as the agreement is not longer needed. «LC 12-04.pdf>> <<2003_09_23_Signal_Agreement.pdf>> Should you have any questions or concerns, do not hesitate to contact me. Lloyd A. Ingram, Land Development Engineer VA Department of Transportation — Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 Paper Copy. • Bank of Clarke County - Attn: Dale Fritts (certified mail w/original letter ofcredit) Old Town Center - 202 N Loudoun Sr Winchester VA 22601 (540) 662-2280 Fax (540) 662-1661 Toll Free (800) 650-872" June 12, 200s Rhonda Funkhouser Vugjnia Department of Transportation Edinburg Residency -Land Development 14031 Old ValleyPilce Edinburg, VA 22824 Re: Amendment#1 Mar>iinig & Ross Developers; LLC-412-04 Sovereign Village -Intersection of RossrrianBlvd & Senseny Rd Frederick County; VA Dear Ms. Funkhouser The Bank of Clarice County does hereby amend the maturity date ofILOC #12-04 fromSentenzber 23, 2008toSeptazzber23, 2013. This letter is to also advise you upon comple�tion of project listed above, that I will need you to please fom and the original Irrevocable Letter of Credit 412-04 to: Bank of Clarice County Attu: Dale L. Fritts Sr. Vice President/Associate Sr. Loan Officer P.O. Box 60 Winchester, VA 222604 Should you have any questions, please do not hesitate to contact me at (540) 5454921. Sin=-ly, Edinbu: j, Plasi �ency e L. Fritts Sr Viee Prmdent/Associate Sr. Loan Officer DLFAme ww ban ofclarke.com Old Towili Center 202 N Loudon St Winchester A 22601 (54o) 662-2.280 zip (5410 662-5549 Commonwealth oT Virginia Department of Transportation Irrevocable Letter of Credit Bank Agreement DATE: ,May 11, 2004 APPLICANT: Manning, and Ross -Developers, LLC- ISSUING BANK Bank of Clarko,Courlty ADDRESS:.P.O. Box 27 ADDRESS.: P.O'. Box 60 'Winchester, VA 2'2604 Winchester., VA 22604 AMOUNT: $125,060.00 EXPIRATION DATE: Septeinber 23, 2008 VIRGINIA DEPARTMENT OF TRANSPORTATION ADDRESS: P.O. Box 3.09 CITY: Edinburg STATE:. VA Zip Code: 22 824 We hereby issue our Ittevocabld of Ciedit, No. 12-04 ift Your D60aftiribill's favor for the account root LLC for A s in ex ceeding One FI undred And Twenty Five of Manilina and Ross Developers, 1.1 Thousand and 00/100 1 U.S. dollars ($125,'000.00) available by sighi'draftion the -above; stated issuing bank accompanied by documents specified: below; A certified statement -signed by,thc,Perimit.Managger or his/her stating representative that P C., Manning ,and Ross Developers, LLC has not satisfactorily completed Work pursuant to the permit issued to the Pei nittee or his, agent to pdtfonfi the work as.described on the face of the permit in the county of Frederick. A statem6rit signed by the,Ponnit Manager or his/her representative to the effect that: "This drawingis for the explicit purpose of providing for core iplet ' ir on or restoration of the right of way to the terms of the Land Use Pon -nit Manual and pursuant to the agreement of the Porri-tittee or his Agent to perform the work covered by permit to the..satisfaction of the Department. All drafts'niust bear the clause "Drawn under',13ank, of Clarke Cobnty Letter, of Credit No. 12-04 dated May l 1, 2004." We hereby ongag6 with drawers, endorsers and bona fide holders that all drafts drawn in 6orlipliance with the terms of this credit shall, be duly honored upon presentation and delivery of this document. This Irrevocable Lettot of Credit, shall foinain in full force gild. effective for a period of two (2) years from the-date•hereof and shall automatically renew itself from year to year for three (3) years one (1) year periods theieafter uriless and -until the above issuing bank shall give'(90) days prior written ton notice to the he departitidAt, by CERTIFIED I MAIL, RETURN RECEIPT REQUESTED, of its intent to tenninate same at the expiration of said ninety -day period. During said ninety- (90) days notice period, this Irrevocable Letter of Credit shall remain in full force and effect: During the last thirty- (30) days while this letter is in force and effect after notice of terrain ion has been given. at Z) wwbankofdarke.coin The Department may draw up to the fall an oust the When acc,61110anied by a document stating that, Manning and Ross Developers,.LLC- has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow account; t; and a document stating that "That the Drawinig will be held by the Department for the sole purpose of providing for the compl6tioii or .restoration of the right of way for work covered by,perinit.,Isgiied'toMan uling.dnd Ross Developers,.LLC until I such worlc. is completed or restored ti ' red to ' he Dppartmeli , t satisfaction. "This credit shall be terminatedupon the Permit Manager or his appointed representative giving written release stating that the terms of the permit have been completed and accepted by the Department:" Note: Continuous Letterof Credit for utilities "telephone, electric Mower lines; water, sewer; eas" cannot be cancelled unless facilities covered by the permit Dave been removed from the Right of Way or the principal has arranged or replacement surety protectibp or when resnonsibilitv and'.maintenance has been taken overby another company and the body assu'm—m-, a res-Ooh§ibilitv, for Maintenance of that facility advise the Department in writing of its intentions to-do so, and gosted a ret)laceffient of suretV. Exdept as otherwise expressly stated herein, this credit is subject to thaUniforms Customs and Practices. for Documbntary'Ciedits .(1993 Rbvisioh), -Jntdtliational f of ommerce Publfeation. No. 500. Attest V (Seal) Authore dS /J-a t L W e Bail of. C19-. q County By: K ih R. Unger resident: V-P COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for the Installation of Traffic Signal WHEREAS, Manning and Ross Developers, LCC is constructing a subdivision in Frederick County, Virginia at the intersection of Rossman Boulevard and Senseny Road (Route 657) and, WHEREAS, during the traffic and engineering review of plans for Sovereign Village Subdivision at the intersection of Rossman Boulevard and Senseny Road (Route 657), it was determined based on traffic generation values provided by the Sixth Edition of the Traffic Projection Manual that several of the warrants contained in the 2000 (Millennium) Edition of the Manual. on Uniform Traffic Control Devices (MUTCD) for consideration of a traffic signal were met at this intersection, and WHEREAS, it is recognized traffic projections are to be used in determining whether or if signalization may be required and actual traffic conditions may vary which may influence the need for a traffic signal for a business development of this size, IT IS THEREFORE AGREED: x. The Department of Transportation will not require the developer to have a traffic signal installed as a condition of the initial entrance permit. 2. The Department of Transportation will secure actual traffic counts after the business is open. If at that time or at any time for a period of five (5) years after the business is opened the Department determines a signal is warranted based on the traffic volumes generated from Sovereign Village, or other condition(s) as outlined in Section 4C-2 "'Warrants for Traffic Signal Installation" of the Federal Highway Administration's xg88 .Manual on Uniform Traffic Control Devices, during that five (5) year period, a signal shall be installed. In this event, 3. Manning and Ross Developers, LCC shall pay for x00% of design, materials and installation costs to provide a traffic signal at the intersection of Rossman Boulevard and Senseny Road (Route 657) as described above, the actual process of design and installation to be on an accounts receivable basis or under permit as maybe agreed upon by Manning and Ross Developers, LCC and the Department of Transportation at the time the need for a signal is verified. 4. If the need for a traffic signal is verified, it shall be designed and installed in accordance with the Department of Transportation specifications and will become the property of the Department of Transportation upon completion. Agreement for the h7stallaccon of Traffic Signal Pane #2 5. Manning and Ross Developers, LLC shall furnish a surety bond or letter of credit acceptable to the Department of Transportation in the amount not to exceed $i25,000.00, which is t00% of the total estimated cost of the traffic signal, the bond or letter of credit to be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. 6. The Virginia Department of Transportation agrees if additional development by others occurs at this intersection within the prescribed five (5) year period, which would hasten or otherwise affect the need for a traffic signal at the location, the Virginia Department of Transportation will re-evaluate the aforementioned t00% cost sharing agreement with Manning and Ross Developers, LLC and the terms of this agreement may be reduced at the discretion of the Department of Transportation. 7. Future Need for Signal: VDOT shall have the option to renew the foregoing five (5) year period, for an additional five (5) years, should impacts from this development at the intersection of Rossman Boulevard and Senseny Road (Route 657) demonstrate said need. Developer: Manning and Ross Developers, LLC Address: P. 0. Box 27 Wincl€er, VA 22 UIS �e�go�� �M• �v�ccr� '� Virginia Department of Transportation 14031 Old Valley Pike Ed . 11 , VA 22824 By: Z.3- 03 (Jelry A. Copp, Rest e tEngineer x COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 July 29, 2005 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Review Comments for Sovereign Village Revised Master Development Plan; Property Identification Number (PINs): 65-A-39, 65-A-39A Dear Evan: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Sovereign Village. Staff s review comments are listed below for your consideration. 1. Plan Type. On the cover sheet, state that this is a revised Master Development Plan. 2. Proffer Statement. On Sheet 4 of the MDP, provide a scan of the actual signed proffers from the rezoning. 3. Surveyed Boundaries. The surveyed boundaries of the parcel need to be shown along with the boundaries of the B2 Parcel. 4. General Notes. On Sheet 1 under general notes, provide a statement that new utilities will be underground. 5. Road Detail. On the cover sheet, provide the ROW width. 6. Berkshire Court. On Sheet 3, a new road is proposed off of Canyon Drive. The SDP for Sovereign Village Section 2 shows this area as being a lot. 7. Canyon Drive Connection. It is unclear which section the connection of Canyon Drive into Chaiming Phase 9 will be made with. A statement regarding which section it will be made with and that no building permits will be issued on Berkshire Court until the connection is made, is needed on the MDP. 8. Channing Drive. It is unclear which sections of Channing Drive this development is responsible for. Please shade the portion of Channing that is already completed and which portions Sovereign Village is responsible for. 9. Outlots. Label the open space or "outlots" as they are depicted on the approved SDP's. 10. Phase Tabulations. The original MDP was broken up into only two phases; however, the Subdivision Design Plans have been coming in sections (1-3A). Instead of going with the original phase lines, for clarification breaking the MDP up into phases that follow the sections would be better. 107 North Dent Street, Suite 202 o Winchester, Virginia 22601.-5000 :r Mr. Evan Wyatt Re: Sovereign Village MDP July 29, 2005 Page 2 11. Subdivision Sections. The recreation center is shown as being in phase 2, but is shown on the SDP for phase 3; please clarify which section it is located in. 12. Phase 4. The new road called Murphy Court was depicted as phase 4 on the SDP for section 3. 13. Multiplex Roads. The private roads for the multiplexes appear to be very close to the road efficiency buffer of Channing Drive and the open space areas. The roads might need to be moved if structures are intended in these areas. 14. Wales Court. This cul-de-sac appears to be very long. Please note that only 25 lots will be allowed on this street. 15. MDP Tabulations. On the cover sheet, it is unclear how some of the MDP revisions were calculated. 16. Trail. Provide a detail for the trail located in the open space. 17. Landscaping and Housing Details. Statements need to be provided as to the type of landscaping required for the lots. The single family sections should continue to use the street tree option (§165-36A(1)) and the multiplex units are required to use the ornamental landscaping option (§165-36A(2)). A detail for the proposed multiplex units should be provided on the MDP as well. 18. Common Shared Buffer. The zoning district buffer needs to be a total of 100' in width. The B2 portion against the RP requires a minimum of 50' full screen and the RP portion against the B2 requires a 50' distance screen. This buffer can only be reduced if existing vegetation achieves the functions of a full screen. 19. Open Space. There was an area of open space shown on the original MDP that is not shown on the revised MDP. Please clarify why it has been removed, as it does not appear that lots will be located in the area. 20. Recreational Units. Provide a statement that the recreational units provided in the first block (building, pool, tot lot) will have to be site planned separately. The active recreational units and the values provided need to be approved by Parks & Recreation and the Zoning Administrator. Also, the trail along Charming Drive is part of the proffers and cannot be used .for the recreational unit calculations; potentially a trail in the road efficiency buffer along Senseny Road could be used instead. 21. Multiplex Trail and Park Areas. The location of the proposed trail and park areas in the multiplex area needs to be shown along with a detail of the trail. In order to continue the review of this Master Development Plan, you will need to submit a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. The review fee for this application will be $17,220 ($2,000 base + $15,220 @$100 per acre). Once this information is received, and all review comments addressed, staff will schedule the application for review by the Plaiming Commission. Review Mr. Evan Wyatt Re: Sovereign Village MDP July 29, 2005 Page 3 comments are required from the following agencies: Frederick County Department of Parks & Recreation, Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins Planner II CEP/bad RJUMNTY of FREDERICK �u4���ioa Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 20, 2005 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Second Preliminary Review Comments for Sovereign Village Revised Master Development Plan; Property Identification Number (PINs): 65-A-39, 65-A-39A Dear Kurt: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Sovereign Village. Staff s review comments are listed below for your consideration. 1. Surveyed Boundaries. The surveyed boundaries of the B2 Parcel need to be provided. It is clear where it is and where the adjacent residential parcels will be located; however, the actual boundaries of this parcel need to be provided instead of the "floating 132" area. 2. Channing Drive. The note provided on sheet 3 of the MDP (note 1), does not adequately ensure the construction of Channing Drive. Notes need to be provided on the MDP that Channing Drive from Farmington Blvd. to Canyon Drive needs to be dedicated and bonded prior to any multiplex lots being approved within Phase 2 of Sovereign Village and constructed within 18 months of platting. Another note needs to be provided that states Channing Drive from Canyon Drive to the Arcadia Development Company (Fieldstone Subdivision) property needs to be dedicated and bonded prior to any single family lots in Phase 1 being platted and built within 18 months. 3. Common Shared Buffer. The zoning district buffer needs to be a total of 100' in width. The B2 portion against the RP requires a minimum of 50' full screen and the RP portion against the B2 requires a 50' distance screen. This buffer can only be reduced if existing vegetation achieves the functions of a full screen. You stated in your comments that the category A buffer does not have a distance requirement associated with it. RP land being built against B2 land requires a category A buffer; the only option is a 50' no screen (distance buffer). As indicated by the dashes, the full and landscape screening are not an option. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 if 1 Mr. Kurt Pennington Re: Sovereign Village MDP September 20, 2005 Page 2 4. Recreational Units. The active recreational units and the values provided need to be approved by the Zoning Administrator in addition to Parks and Recreation. The trail along Channing Drive is part of the proffers and cannot be used for the recreational unit calculations; potentially a trail in the road efficiency buffer along Senseny Road could be used instead. As required improvements cannot be proffered, anything proffered is "in addition" to any improvement required by the Zoning Ordinance. 5. Recreational Center. The recreational center needs to be platted, bonded and under construction prior to any plats being approved in Phase 2 of this development. 6. Multiplex Trail and Park Areas. Label the trail within the multiplex area and show the park areas. After all review comments are addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Department of Public Works and Frederick County Department of G.I.S. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins Planner II CEP/bad COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM FAX: 540/ 665-6395 TO: Board of Supervisors FROM: Eric R. Lawrence, AICP, Planning Director" SUBJECT: Discussion — Update on the Sovereign Village subdivision DATE: November 5, 2008 As directed by the Board of Supervisors on October 22, 2008, staff has assembled an overall project summary with emphasis on more recent activity for the Sovereign Village Subdivision. Our research indicates that the project is in conformance with the requirements associated with the various phases in the development review process which culminates in the ability to construct new residences within the subdivision. Staff is prepared to make a brief overview presentation should the Board so desire. Please contact us should you have questions. Location The Sovereign Village Subdivision is located on the northeast corner of the Senseny Road and Channing Drive intersection, in the Red Bud Magisterial District. This project contains 12 acres of B2 (Business General) and 140.2 acres of RP (Residential Performance) zoned land. Rezoning Process The rezoning that enabled the Sovereign Village Subdivision was approved by the Board of Supervisors on December 8, 1999 (referenced as "Channing Drive"). This rezoning application (REZ #15-99) was unique in that it was the first major rezoning petition the County had considered where three adjacent property owners/developers (subdivisions now known as Sovereign Village, Lynnehaven, and Twin Lakes) were combined into a single rezoning application. This unified approach enabled the projects to plan for a cohesive residential community, providing for major road improvements, linking roads and trails, and providing for recreation and commercial areas. The rezoning established a phased approach, limiting the number of residential units that may be constructed annually, as well 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r Page 2 Memo Subject: Discussion- Update on the Sovereign Village Subdivision November 5, 2008 as defining when the necessary road improvements would be implemented. The approved rezoning proffers established a residential phasing plan, as well as a density cap, for the overall rezoning application's ("Channing Drive") 376.2 acres (354.3 acres of RP and 22 acres of B2). The Sovereign Village Subdivision portion of the Channing Drive project would be guided by the following proffered conditions: • Develop at a density not to exceed 2.5 residential units per acre (in compliance); • Prohibition of Townhouses, Weak -link Townhouses, and. Garden Apartments within the RP zoned portion of the site (in compliance); • Provisions for a 3,000 square foot recreation center including a pool and outdoor multi -purpose playing court. The facility would be open for membership by residents of the Channing Drive communities (Lynnehaven, Sovereign, and Twin Lakes) as well as other area residents (design is in compliance as illustrated on approved site plan, facility to be constructed by July 2009 per MDP notation); • Establish a pedestrian trail system, that would complement the ordinance required sidewalks (in compliance); • Contain a 12 acre B2 commercial site with a restriction on inappropriate and, therefore, prohibited commercial uses, such as hotels, automobile dealers, and self -storage facilities (site plan not yet submitted); • Included various transportation proffers which would result in the construction of the road known as Channing Drive. o The road Channing Drive would be constructed when the adjacent lands are divided into residential subdivisions (in compliance); o In no case shall more than 475 residential building .permits be issued without Channing Drive being constructed and open to traffic (in compliance); • A traffic signal at Channing Drive and Senseny Road, to be installed as part of the first B2 site plan (site plan not yet submitted); • Various off -site transportation improvements that are triggered by the first B2 site plan (site plan not yet submitted). • A $100 per residential lot cash contribution towards bridge improvements along Valley Mill Road, to be paid. at time of building permit (in compliance); • A cash contribution of $3,558.73 per residential unit to mitigate the impacts to various County facilities, to be paid at time of building permit issuance for each residential lot (in compliance); and, • A cash contribution of $3,898.68 prior to initial B2 building permit to address impacts on fire and rescue facilities (site plan not yet submitted). Page 3 Memo Subject: Discussion- Update on the Sovereign Village Subdivision November 5, 2008 It is important to note that the Zoning Ordinance does not require that recreation amenities be provided with residential subdivisions when the individual lots are 12,000 square feet or larger. Therefore, at the time of the rezoning petition, the proffered recreation center was viewed as a bonus amenity, a facility that would be constructed regardless of the development's resulting lot sizes. At the time of rezoning, the County had not experienced such a proffered recreational amenity nor had such a community amenity been constructed as part of a larger single family project. It is also important to note that the proffered cash contributions were reflective of the County's capital facilities fiscal impact model in use at the time of the submission of the rezoning application. Master Development Plan (MDP) The original Channing Drive Master Development Plan approved in 2001 included all three subdivisions: Lynnehaven, Sovereign Village, and Twin Lakes. This MDP enabled the development of up to 848 residential lots, identified to be Single Family Urban lots (minimum lot size of 12,000 square feet), on the entire Channing Drive development. The MDP also established an open space plan which accounted for 26.8% (or 95 acres) of the project, well in excess of the ordinance requirement for 15% open space (or 53 acres). Based on this MDP approval, the Sovereign. Village Subdivision was enabled to establish up to 362 single family urban lots. The Sovereign Village Subdivision would be responsible for constructing Rossman Boulevard with a divided landscaped entrance at Senseny Road, portions of the adjacent Channing Drive, and the proffered recreation center. Various trails and other transportation improvements would be addressed. The general location of the B2 was identified, as was the zoning district buffer which would soften the impacts of the commercial uses adjacent to the residential uses. Revised - Master Development Plan In 2004, the three subdivisions were granted permission to revise their respective master plans on an individual basis. Twin Lakes was the first subdivision to revise its. layout and housing type through a revised Master Development Plan. The Twin Lakes revised master development plan enabled the creation of 149 Single Family Small Lots, a housing type with lots as small as 3,750 square feet. In 2007, the Sovereign Village developer opted to seek a revision to its original housing type and layout — the revised MDP, meeting the applicable ordinance requirements, was administratively approved July 10, 2007. The subdivision would continue to have Single Family Urban housing types, but would also Page 4 Memo Subject: Discussion- Update on the Sovereign Village Subdivision November 5, 2008 incorporate Single Family Zero Lot Lines and Multiplex residential housing types. This revised Sovereign Village MDP now enables 216 Single Family Urban lots, 42 Single Family Zero Lot Lines, and 64 Multiplex units. In overall housing numbers, the revised MDP reduced by 40 the number of residential units enabled in the Sovereign Village Subdivision when compared to the original Channing Drive MDP. Change in housing type resulted in a required increase in overall open space for the Sovereign Village Subdivision, from 15 to 30%. The revised MDP achieves this increase in open space by designating 43.2 acres, or 30%, of the subdivision as open space. Additional clarification was provided with the revised MDP that established milestones for which two key proffered improvements would be completed. First, the completion of the unbuilt portion of Channing Drive, between Farmington Boulevard and Canyon Road, would be constructed within 12 months of the revised MDP's approval. Secondly, the proffered recreation center would be constructed within 24 months of the revised MDP's approval. Subdivision Design Plans (SDP) Subdivision design plans have been approved for all but one section of the residential portion of the Sovereign Village Subdivision; the Section 2D design plan containing nine additional Single Family Urban lots is still in review. As of November 1, 2008, 207 Single Family Urban lots have been created (recorded). Neither of the Single Family Zero Lot Line nor Multiplex lots has yet to be created. Residential Building Permits Issued As of November 1, 2008, the County has issued 175 residential building permits for the subdivision. Sovereign Village Homeowners Association (SVHOA) The developer has created the Sovereign Village Homeowners Association. The SVHOA has been established per the requirements of the County's Subdivision Ordinance, and will ultimately be responsible for the ownership and maintenance of the subdivision's common open space, as well as the street lamps. The SVHOA is presently the owner of 10.13 acres of the subdivisions' ultimate 43.2 acres of open space. Additional open space will be transferred to the Page 5 Memo Subject: Discussion- Update on the Sovereign Village Subdivision November 5, 2008 SVHOA as future sections of the subdivision are developed, new homes constructed, and residents arrive. Road Completion and Maintenance Many of the subdivision's roads have been completed and accepted into the state's Secondary Road System for maintenance. The sections of the project that are still incurring site development and/or home construction have not been accepted, and, therefore, remain the responsibility of the developer. This is in conformance with County Code and State requirements. Pending Improvements The developer continues to move forward on completion of the subdivision's infrastructure, and associated proffered improvements. The developer had constructed the portion of Channing Drive, between Farm ington/Wayfaring Drive and Canyon Road, by late Spring 2008. At the request of the School Board, who needed to utilize the road segment for staging the construction of the 12th Elementary School, the developer held off from applying the top coat of asphalt to this section of Channing Drive. In an agreement signed June 2, 2008 between the developer and the School Board, the developer provided the School Board with payment to cover the final improvements to Channing Drive. The School Board has assumed the road responsibility and intends to have the road completed and open to the public by August 2009, coinciding with the opening of the new elementary school. The proffered recreation center is moving forward. The site plan for the facility was approved by the County on March 31, 2008, and entailed a: 3,000 square foot community center building; a 16 x 40 foot swimming pool, and an outdoor multipurpose court. The site is presently under construction, with the 3,000 square foot community center building's foundation poured within the past week. This facility is on track to be completed by the July 10, 2009 revised MDP noted deadline. It should be noted that the SVHOA has voiced concern that the recreation center, and in particular the pool size, was inappropriate and failed to meet their (the SVHOA) expectations. In reviewing the proffers applicable to the facility, a specific minimum pool size was not proffered, and, therefore, left the County without the ability to require a larger pool for the community. In an effort to seek agreement between the SVHOA and the developer, County staff facilitated a proposal where the developer was willing to construct a larger pool (30 feet by 50 feet) and bath house, rather than the 3,000 square foot Page 6 Memo Subject: Discussion- Update on the Sovereign Village Subdivision November 5, 2008 recreation center building. It was pointed out that the new 12t" Elementary School would have a community room that would be available for use by the SVHOA and may serve a similar purpose to the 3,000 recreation building. This recreation center modification was offered to the SVHOA for consideration in a July 2008 correspondence, with a request that the SVHOA respond by July 31, 2008. The SVHOA responded that they sought the 3,000 square foot recreation center and a 30 foot by 80 foot pool. As the developer and SVHOA were unable to reach an agreement by the developer's established July 31 deadline, the developer elected to proceed with constructing the improvements identified on the approved site plan. It appears that the Sovereign Village Subdivision continues to proceed in conformance with the ordinance and applicable proffers. Please contact me should you have questions. Attached: Copy of Sheet 3 of 4 — Layout of the Revised Sovereign Village MDP Copy of Sheet 7 of 13 — Layout of the Recreation Center Site Plan ERL/bad