HomeMy WebLinkAbout14-08 Proffer Statementl 1 6-
AMENDMENT
Action:
PLANNING COMMISSION: January 7, 2009 - Recommended Approval
BOARD OF SUPERVISORS: March 11, 2009 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #14-08 PROFFER REVISION OF SOVEREIGN VILLAGE
WHEREAS, Rezoning #14 -08 Proffer Revision of Sovereign Village, to revise the proffers associated
with Rezoning 915 -99, section titled Recreation Center, and applicable to 3.03 acre parcel. The proffer
revisions, dated December 11, 2008 with revision date ofDecember 12, 2008, propose modifications to the
Sovereign Village Recreation Center. The property is located at the southwestern corner of the intersection
of Rossmann and Farmington Boulevards in the Red Bud Magisterial District, and is identified by Property
Identification Number 65H- 13A -26A.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7,2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 11, 2009; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning
Rezoning #15 -99, section titled Recreation Center, and applicable to 3.03 acre parcel. The proffer
revisions propose modifications to the Sovereign Village Recreation Center, as described by the
application and attached conditions voluntarily proffered in writing by the applicant and the property
owner.
PDRes. 444 -08
ro •
This ordinance shall be in effect on the date of adoption.
Passed this 11th day of March, 2009 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton
Gary Dove Aye Bill M. Ewing Aye
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux
Aye
A COPY ATTEST
John R. Kiley, Jr.
Frederick County Administrator
PDRes. #44 -08
December 12, 2008
Page 1
40 channing Drive - Sovereign Village
Revised Proffer
CHANNING DRIVE - SOVEREIGN VILLAGE
PROFFER STATEMENT
(Proffer revision)
REZONING
PROPERTY
RECORD OWNER:
- APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
RZ# 09
RP Residential Performance District with Proffers to RP Residential Performance
District with Revised Proffers
3.03 acres +/-
Tax Parcel 65H- 13A -26A (herein after the "Property')
Manning & Ross Developers LLC
Manning & Ross Developers LLC
Sovereign Village Recreation Center
December 11, 2008
December 12, 2008
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of
the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants
hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approved
Rezoning Application # /c/ -OW for the rezoning of 3.03 + /- acres from the RP Residential Performance
with Proffers to establish the 3.03 +/- acres of RP Residential Performance with Revised Proffers,
development of the subject property shall be done in conformity with the terms and conditions set forth
herein, except to the extent that such terms and conditions may be subsequently amended or revised by
the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with
the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. The proffers shall be binding upon this
Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as land owned by Manning & Ross Developers LLC, being a
3.03 acre +/- parcel located in the Sovereign Village subdivision, at the southwestern corner of the
intersection of Rossmann and Farmington Boulevards, and identified by Tax Parcel # 65H -13A -26A.
0
December 12, 2008
Page 2
Recreation Center
is Channing Drive — Sovereign Village
Revised Proffer
The applicant hereby proffers io construct a recreation center which achieves the following criteria:
• 30 foot by 50 foot swimming pool
• Zero depth entry for handicap ramp
• Pool depth, excluding handicap ramp, to range from three feet to five feet
• Two 50 foot lap lanes
• Pool decking surrounding pool surface, sized appropriately for size of pool
• Two bathhouses with changing areas, toilets, and sinks. Sized appropriately for pool
• Covered breezeway with check -in counter
• Wrought Iron -look fence around pool decking, adjoining to bathhouses and entrance breezeway
• Four no maintenance decking picnic tables on remaining foundation, unfenced
• Enclosed and secured storage area for pool supplies
• No Multi- purpose court
• Recreation center will be available for use by July 4, 2009
• Applicant will own and operate pool until at least January 1, 2011
• First right of refusal for ownership transfer given to Sovereign Village Homeowner Association
( SVHOA) for $0 fee simple, no sooner than January 1, 2011
o Records and accounting of monies and time required to run pool given at offer time to
SVHOA for review during 90 -day decision period
SVHOA will accept or decline ownership within 90 days of offer.
The above described recreation center will be constructed in lieu of the previously proffered Recreation
Center from the Channing Drive rezoning (RZ# 15 -99).
December 12, 2008
Page 3
Signatures
I SChanning Drive - Sovereign Village
Revised Proffer
The conditions proffered above shall binding upon heirs, executors, administrators, assigns and
successors in the interest of the Applicant and owner. In the event the Frederick County Board of
Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County Code.
Respectfully submitted:
Manning & Ross Developers LLC
)evelopers LLC
Commonwealth of Virginia
ity ountyof �) �vv1�C_S� ( To Wit:
q COMMONWEALTH
OFVRGM
coMrnsslON =
8 311949
�rARY Pl16U
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The foreg instrument was ackno wledged before me this IZ d y of C'C • 2008
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By a V I ( I` Mu IJ l 5611
My Commission expires I C - 3) Notary Public
Manning &Ross Developers LLC
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By:
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Greg Bancroft, anager, Manning & Ross, Developers LLC
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Commonwealth of Virginia
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Cit County of W in<_heslcr To Wit:
The foregoing instrument was acknowledged before me this Z day of
,I'G • 2008
BY l (P C k NL I k.LLnG(�t
My Commission expires Ih - :- I -C)IC09
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0
Sovereign Village Home Owners Association
PO Box 3478, Winchester, VA 22604 -
December 8, 2008
To Whom It May Concern:
m =540-667-6177
SEC � 0
The Sovereign Village Homeowner Association's Board of Directors has been briefed by the
Frederick County Board of Supervisors, Frederick County Parks & Recreation, Frederick
County Planning Commission, and the community's developer (Manning & Ross) on
proposed revisions to the original proffer for the Charming Land Bay. After considering the
revisions, the SVHOA Board would like to state that it would not oppose any proffer
revision that included the following points:
• Pool open by July 4, 2009
• Manning & Ross will own and operate pool until at least January 1, 2011
• Right of First Refusal for ownership transfer given to SV HOA for $0 fee simple, no
sooner than January 1, 2011.
• Records & accounting of monies and time required to run pool given at offer
time to SV HOA for review during 90 day decision period
• SV HOA will accept or decline ownership within 90 days of offer.
$40,000 funds (1 year's estimated operating expenses) turned over with Pool
ownership
• 30'x50' Swimming Pool
• Zero depth entry for Handicap ramp only
• Pool depth, excluding ramp, to range from three feet to six feet. Includes (2)
two 50' lap lanes
• Saltwater Filtration System
O Increase in decking size from original plan to a size appropriate to new pool size
• (2) Two Bathhouses with showers, changing areas, toilets, sinks; appropriate to pool
size
• Covered breezeway with check in counter between bath houses
• Wrought Iron Fence around pool decking adjoining to bathhouses and entrance
breezeway.
• (4) Four no maintenance decking picnic tables on remaining 3000 sq ft foundation,
unfenced
• Enclosed storage area for pool supplies
• No Recreation Center
• No Multi- Purpose Court
It should be noted that while the SVHOA Board believes the above points are the best that
can be achieved through negotiation with all parties, there has not been adequate time to
present and receive feedback on the points to the full membership of the SVHOA. The
SVHOA board will summarize the points in the December issue of its newsletter that should
arrive mid - December to the SVHOA members. It is recommended within that newsletter that
if individuals do not agree, then they should exercise their right to be heard by their county
government and make public comment.
The Sovereign Village Homeowner Association Board of Directors,
Barbara Lewis
Jay Moran
Brit Reyes
Rick Churchil
Aaron Trompeter
Sovereign Village Rec Center site
Eric Lawrence
From:
Jay Moran [jay @tp.orgj
Sent:
Tuesday, November 25, 2008 11:20 AM
To:
Eric Lawrence
Cc:
Jack W & Barbara A Lewis
Subject:
Re: your last message
Hi Eric,
If there is no mention of future ownership in the proffer, then I'm not sure I understand the need for the HOA
membership to have "acknowledgement of future maintenance obligations should be surfaced so that no one is surprised in the
future ". If we're not going to mention eventual ownership, then I'm not sure what position the HOA Board can
take on the matter as it doesn't look like ownership is assured and thus, no future obligation.
As a board we'd like to see a Right of First Refusal offered to the SV HOA after 2 years of operation. We'd also
like to see that included in the proffer statements along with some other details listed below. We all feel that
since the first proffer lacked so many details and created these issues in the first place, that'd we would like to
be as clear as possible to the residents impacted as well as the developer so everyone understands their
obligations and potential obligations.
Here are the current points that the HOA Board is considering in our letter of support for the proposal:
• July 4th, 2009 Opening
• Right of First Refusal for ownership given to SV HOA for $0 fee simple, no sooner than January 1st,
2011 ... SV HOA will accept or decline within 90 days
• Membership to be exclusive to Sovereign Village, Twin Lakes, and Lynne Haven homeowners
• Records & accounting of monies and time required to run pool given at offer time to SV HOA for
review during 90 day decision period
• $40,000 funds (1 years operating expenses) turned over with Pool
• 30'x50' Pool
• Zero depth entry for Handicap ramp only
• Not zero depth entry for entire pool
• Includes (2) two 50' lap lanes
• Saltwater Filtration System
• Increase in decking size appropriate to increase in pool size
• No Recreation Center
2 Bath Houses w /showers, changing areas, toilets, sinks; appropriate to pool size
• Covered breezeway w /checkin counter between bath houses
Wrought Iron Fence around pool decking adjoining to bath houses and entrance breezeway.
• (4) Four Trex (or other no maintenance wood substitute) decking picnic tables on remaining 3000 sq ft
foundation. unfenced
No Multi - Purpose Court
• Enclosed storage area for pool supplies
Jay
On Tue, Nov 25, 2008 at 10:40 AM, Eric Lawrence < elawrenc ,co.frederick.va.us wrote:
/�. •
Hi Barbara_.
Here's the content from my response to you issues yesterday :
a
"You're correct — under the proposal discussed last week (and presuming agreement is achieved from all parties) the developer would
construct the facility and maintain it for the next few years as the subdivision is built out. But once the facility is transferred to the
HOA, the HOA would be responsible for the facility's maintenance. So the HOA dues would need to be raised at that time, or some
other funding mechanism would need to be implemented (open membership to other subdivisions for example).
1 do believe the HOA, today, needs to be fully informed about the proposal and future maintenance responsibilities. This info is
necessary for the property owners to make an educated decision on their preference for the facility. 2/3` HOA support is needed
today to advance the proposal. Dues won't raise today, but acknowledgement of future maintenance obligations should be surfaced so
that no one is surprised in the future."
What the County would need to change the proffer from the 3000sgft structure to a more defined swimming pooVbathhouse, etc, is a
letter of support from the HOA. I understood that you previously wanted to secure 2/3` membership endorsement prior to the HOA
Board's issuance of the letter of support. But I imagine that the HOA Board is certainly empowered to offer the support letter without
a formal membership vote.
In terms of proffer details, I believe the proffer should only address the facility's amenities, and not ownership /membership. The
ownership issue should be resolved by an agreement letter between the developer and HOA, membership issue is at the desires of the
facility's owners (aka HOA).
Hope that helps.
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540- 665 -5651
540- 665 -6395 (fax)
elawrencn.g co.frederick.va.us
littp://www.co.frederick.va.us/PlanDiEg
wAw.co.frederick.va.us
From: Jack W & Barbara A Lewis [mailto: ourdond@visuallink.com ]
Sent: Tuesday, November 25, 2008 9:47 AM
To: Eric Lawrence
Cc: jay -SVHOA a to.ore
Subject: your last messsage
Mr. Lawrence,
0
Sorry, but I'm operating under an unfamiliar system and I lost your last note. Could you send it again? I think I
understand what you need to make the changes in the proffer and I think I know what I could deliver and that's
not an agreement to double dues at this stage.
The developers, when they first made this offer to change the rec center, asked for a letter of support then,
would that not suffice now? The proffer also said that the pool would be open by membership to the area
residents. As a board of directors, it has always been our position, that should we accept the pool, that is how
we would operate it. We would never ask residents who did not want to join to vote to raise their dues to cover
a pool membership. We might get a majority of our residents to agree to our supporting the pool at this time
with the understanding that it would be operated by purchased memberships. When the time came to accept the
pool, we could see, from pool usage records, if there was enough usage by SV residents alone to ask for the
increase.
I guess what I'm asking is if this type of letter will suffice.
barbara Lewis
9
0
Eric Lawrence
From:
Eric Lawrence [elawrenc @co.frederick.va.us]
Sent:
Sunday, November 16, 2008 7:59 AM
To:
Phil Lemieux
Subject:
FW: Sovereign Village Rec Center mtg
Good Morning Phil... Just wanted to let you know that I have scheduled a meeting with the Sovereign Village pool's
interested parties for tomorrow — Monday, Nov 17'" @ 1 PM. Not sure if you wanted to participate, but felt I'd keep you up
dated on the progress on this pool issue. Participating are: Barbara Lewis (SVHOA), Greg Bancroft and Dave Madison
(Manning & Ross), Jim Doran and Matt Hott (Parks and Rec), and me.
Meeting emphasis is on the pool site. Parks and Rec will present appropriate pool size and projected membership
necessary to cover operation /maintenance. Group will be asked for responses to the pool size. As we get into
improvement costs, we'll see how much $$ the developer was intending to spend, and learn what our shortage is. Then
look at how much proffer $$ might be available through the Channing Drive proffers (paid and future).
If we don't see you, we'll certainly keep you informed on progress.
Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540- 665 -5651
540- 665- 6395(fax)
elawrenc(a)co.frederick. va. us
htto: / /www.co.frederick.va, us /PIanninaAnd Develor)ment/PIanningAnd Dev. htm
www. co. frederick.va. us
From: Eric Lawrence [mailto :elawrenc @co.frederick.va.us]
Sent: Friday, November 14, 2008 10:24 AM
To: 'Eric Lawrence'
Subject: RE: Sovereign Village Rec Center mtg
Hello.
I've communicated with the affected parties. We will be meeting on Monday, November 17" @ 1 PM in the Planning
Department. Thanks for participating, we'll see you Monday.
-Eric
From: Eric Lawrence [ mailto :elawrenc@co.frederick.va.us]
Sent: Thursday, November 13, 2008 12:27 PM
To: Eric Lawrence
Subject: Sovereign Village Rec Center mtg
Greetings.
At the Board of Supervisors' meeting last evening, I was directed to organize a meeting /effort to evaluate the Sovereign
Village pool situation as we work towards a possible resolution that pleases the developer, HOA, and ultimately the
County. Key participants in this di'afogue would be the Sovereign Village HOAf esident, the developer (Manning &
Ross), the County's Park and Recreation Department, and the County's Planning Department.
I trust each of you are willing to participate in this discussion effort, with the goal not being to revisit what's
required /expected, but what might be a workable situation for all parties. We will also have the benefit of the Park's
department expertise to better understand the economic aspect of pool operation and maintenance, which might guide the
discussion towards what size facility could be expected to break even in terms of projected membership.
Tentative meeting dates are times are:
Monday, Nov 17' @ 1 PM
Tuesday, Nov 18 ( 9AM
Wednesday, Nov 19 @ 9AM
Please let me know ASAP which date /time works best for your schedules, once I hear from each of you, I will send out a
meeting confirmation notice.
Thanks for participating in this effort.
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540 - 665 -5651
540- 665 -6395 (fax)
elawrenc2r�co. frede rick. va. us
http / /www.co. frederick. va. us/ PlanningAndDevelor)ment /PlanningAndDev.htm
www.co.frederick.va.us
•
Sovereign Village Home Owners Association
PO Box 3478, Winchester, VA 22604 -
December 8, 2008
To Whom It May Concern:
The Sovereign Village Homeowner Association's Board of Directors has been briefed by the
Frederick County Board of Supervisors, Frederick County Parks & Recreation, Frederick
County Planning Commission, and the community's developer (Manning & Ross) on
proposed revisions to the original proffer for the Charing Land Bay. After considering the
revisions, the SVHOA Board would like to state that it would not oppose any proffer
revision that included the following points:
• Pool open by July 4, 2009
o Manning & Ross will own and operate pool until at least January 1, 2011
Right of First Refusal for ownership transfer given to SV HOA for $0 fee simple, no
sooner than January 1, 2011.
Records & accounting of monies and time required to run pool given at offer
time to SV HOA for review during 90 day decision period
• SV HOA will acceptor decline ownership within 90 days of offer.
(1 year's estimated operating expenses) turned over with Pool
O 30'x50' Sw immin g Pool
• Zero depth entry for Handicap ramp only
• Pool depth, excluding ramp, to range from three feet to six feet. Includes (2)
two 50' lap lanes
'Saltwater Filtration System
Y Increase in decking size from original plan to a size appropriate to new pool size
• (2) Two Bathhouses with showers, changing areas, toilets, sinks; appropriate to pool
size
• Covered breezeway with check in counter between bath houses
Irk
• Wrought IronlFence around pool decking adjoining to bathhouses and entrance
breezeway.
• (4) Four no maintenance decking picnic tables on remaining 3000 sq ft foundation,
unfenced
0 0
Y Enclosed storage area for pool supplies
• No Recreation Center
m No Multi- Purpose Court
It should be noted that while the SVHOA Board believes the above points are the best that
can be achieved through negotiation with all parties, there has not been adequate time to
present and receive feedback on the points to the full membership of the SVHOA. The
SVHOA board will summarize the points in the December issue of its newsletter that should
arrive mid - December to the SVHOA members. It is recommended within that newsletter that
if individuals do not agree, then they should exercise their right to be heard by their county
government and make public comment.
The Sovereign Village Homeowner Association Board of Directors,
Barbara Lewis
Jay Moran
Brit Reyes
Rick Churchit
Aaron Trompeter
0
MEMORANDUM
TO: Board of Supervisors
LI
FROM: Eric R. Lawrence, AICP, Planning Director
SUBJECT: Discussion — Update on the Sovereign Village subdivision
DATE: November 5, 2008
As directed by the Board of Supervisors on October 22, 2008, staff has
assembled an overall project summary with emphasis on more recent activity for
the Sovereign Village Subdivision. Our research indicates that the project is in
conformance with the requirements associated with the various phases in the
development review process which culminates in the ability to construct new
residences within the subdivision.
Staff is prepared to make a brief overview presentation should the Board so
desire. Please contact us should you have questions.
Location
The Sovereign Village Subdivision is located on the northeast corner of the
Senseny Road and Channing Drive intersection, in the Red Bud Magisterial
District. This project contains 12 acres of B2 (Business General) and 140.2
acres of RP (Residential Performance) zoned land.
Rezoning Process
The rezoning that enabled the Sovereign Village Subdivision was approved by
the Board of Supervisors on December 8, 1999 (referenced as " Channing
Drive "). This rezoning application (REZ #15 -99) was unique in that it was the first
major rezoning petition the County had considered where three adjacent property
owners /developers (subdivisions now known as Sovereign Village, Lynnehaven,
and Twin Lakes) were combined into a single rezoning application. This unified
approach enabled the projects to plan for a cohesive residential community,
providing for major road improvements, linking roads and trails, and providing for
recreation and commercial areas. The rezoning established a phased approach,
limiting the number of residential units that may be constructed annually, as well
Page 2 • •
Memo Subject: Discussion- Update on the Sovereign Village Subdivision
November 5, 2008
as defining when the necessary road improvements would be implemented. The
approved rezoning proffers established a residential phasing plan, as well as a
density cap, for the overall rezoning application's ( "Channing Drive ") 376.2 acres
(354.3 acres of RP and 22 acres of 132).
The Sovereign Village Subdivision portion of the Channing Drive project would
be guided by the following proffered conditions:
• Develop at a density not to exceed 2.5 residential units per acre (in
compliance);
• Prohibition of Townhouses, Weak -link Townhouses, and Garden
Apartments within the RP zoned portion of the site (in compliance);
• Provisions for a 3,000 square foot recreation center including a pool and
outdoor multi - purpose playing court. The facility would be open for
membership by residents of the Channing Drive communities
(Lynnehaven, Sovereign, and Twin Lakes) as well as other area residents
(design is in compliance as illustrated on approved site plan, facility to be
constructed by July 2009 per MDP notation);
• Establish a pedestrian trail system, that would complement the ordinance
required sidewalks (in compliance);
• Contain a 12 acre B2 commercial site with a restriction on inappropriate
and, therefore, prohibited commercial uses, such as hotels, automobile
dealers, and self- storage facilities (site plan not yet submitted);
• Included various transportation proffers which would result in the
construction of the road known as Channing Drive.
o The road Channing Drive would be constructed when the adjacent
lands are divided into residential subdivisions (in compliance);
o In no case shall more than 475 residential building permits be
issued without Channing Drive being constructed and open to traffic
(in compliance);
• A traffic signal at Channing Drive and Senseny Road, to be installed as
part of the first B2 site plan (site plan not yet submitted);
• Various off -site transportation improvements that are triggered by the first
B2 site plan (site plan not yet submitted).
• A $100 per residential lot cash contribution towards bridge improvements
along Valley Mill Road, to be paid at time of building permit (in
compliance);
• A cash contribution of $3,558.73 per residential unit to mitigate the
impacts to various County facilities, to be paid at time of building permit
issuance for each residential lot (in compliance); and,
• A cash contribution of $3,898.68 prior to initial B2 building permit to
address impacts on fire and rescue facilities (site plan not yet submitted).
Page 3 • •
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 Charming 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 Charming 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
FarmingtonNVayfa ring 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 12` 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
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Memo Subject: Discussion- Update on the Sovereign Village Subdivision
November 5, 2008
recreation center building. It was pointed out that the new 12 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. T his
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
INCUI:7TI