HomeMy WebLinkAbout14-08 Comments0.
Bev Dellinger
From: barbaralewis lourpond @visuallink.coml
Sent: Friday, December 19, 2008 7:53 PM
To: Eric Lawrence
Sovereign Village Home Owners Association
PO Box 3478,
Winchester, VA 22604 — sovereie,nvillaeehoawahoo.com — 540- 667 -6177
December, 19, 19, 2008
To: Eric Lawrence, director of planning
The Board of Directors of the Sovereign Village Homeowners' Association is able at this time to agree to the revisions in
the proffer submitted to you on December 12, 2008. We look forward to having this recreation center opened in our
community.
Barbara Lewis
Jay Moran
Brit Reyes
Rick Churchill
Aaron Trompeter
1
01/14/2009 12:23 FAX
h'
L AWS ®N AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POST OFFICE Box 2740
WINCHESTER, V.4 22604
TELEPHONE: (540) 665 -0050
FACSIWLE:(540) 722.4051
January 14, 2009
Richard C. Shickle, Chairman At -Large
Shenandoah University
1460 University Drive
Winchester, VA 22601
Mr, Gary A. Lofton
711 Buffalo Marsh Road
Middletown, VA 22645
Mr, Philip A. Lemieux
106 Dell Court
Winchester, VA 22602
[MO02 /003
THO.NAS MOORE LAWSON • TLAWSONn.1 SPLCCOM
Mr- Gene E. Fisher
Shenandoah University
1460 University Drive
Winchester, VA 22601
Mr. Charles C. DeHaven, Jr.
2075 Martinsburg Pike
Winchester, VA 22603
Mr. Gary W. Dove
821 Apple Pie Ridge Road
Winchester, VA 22603
Mr. Bill Ewing
P.O. Box 27
Stephens City, VA 22655
Re:
Manning & Ross Developers LLC
Our rile No. 860.001
Dear Mr. Chairman and Members of the Board:
As you know, 1 represent Manning & Ross Developers LLC ('Manning & Ross "), On
tonight's agenda is a request by Manning & Ross to amend the proffers for the Channing Drive
subdivision. That request to amend is a result of numerous meetings between Manning & Ross and
individual residents within the Channing Drive subdivision and who have sent an email to the
County advising they are speaking on behalf of the Board of the Sovereign Village Homeowners'
Association.
As you may or may not be aware, there is also a pending litigation before the Frederick
County Circuit Court in which several residents of Sovereign Village have asserted that Manning &
Ross has violated the development scheme in its efforts to amend the Master Plan and build out the
last remaining sections in the development- Several of those individuals who have requested that the
pending proffer amendment be approved are some of the same individuals who have made the
above - referenced allegations in the Circuit Court.
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01/14/2009 12:23 FAX - � 003/003
Frederick County Board of Supervisors
January 14, 2009
Page 2
Also, at the hearing, the Court granted leave for another group of residents of the
development to intervene in the lawsuit. This is a group who is represented by counsel and who
advised the Court that they were presenting a view different from the residents who filed the
original suit and, in fact, confirmed they believe the developer was following the development
scheme approved for this project and that they are in support of the development activities of
Manning & Ross.
The proposed proffer amendment purportedly reflects an agreement between the developer
and the residents of Channing Drive. It is apparent, based upon the actions taken by some of these
individuals in the lawsuit, that there is not an agreement. Accordingly, we respectfully request that
the pending matter requesting the amendment of the proffers be tabled until this Board's next
meeting to allow an opportunity to confirm an agreement.
Thank you for your attention to these matters.
TML:atd
cc: Manning & Ross Developers LLC
01/14/2003 12:23 FAX
F
LAWS ®N AND SILEK, P.L.C..
120 EWER DRrvE, Siam 200
POST OFFICE BOX 2740
WMCHESTER, VA 22604
Tra.KPHon•E: (540) 665 -0050
FACSIMME:(540) 7224051
FACSIMILE COVER SHEET
Date: January 14, 2009
To: Roderick 3. Williams, Esquire
Facsimile No.: 667 -0370
From: Thomas Moore Lawson, Esquire
Our File No: Manning & Ross Developers LLC
Number of pages
including cover: 3
Message: Please see the attached letter.
•
1/001 /003
The information contained in this facsimile message is information intended only for the use of
the individual or entity named above, and may be attorney /client privileged and confidential. If
the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the
original message to us at the above address via the U.S. Postal Service. Thank you.
PROMRWAL AVORMS: POST 0P 91DOX 02. FROM ROVA VGMp MGMTELEPHOM!(NO) OPP815. FAOg !(MO) 61S9421. MLR:FyLV14LtlNYMC K
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building permits issued as of Nov 3 2008
S
Sovereign Village Recreation Center
Matt Hoff
Page I of 2
From: barbaralewis [ourpond @visuallink.com]
Sent: Monday, July 21, 2008 9:30 AM
To: Matt Hott
Subject: Re: Sovereign Village Recreation Center
Mr. Hott:
The Board of Directors of the Sovereign Village Homeowners' Association discussed your proposal at length at
our last board meeting. We found nothing in it to cause us to change our position. Our letter reflects the kind of
proposal we would be willing to take to our membership.
Our main concern is and always has been with the size of the pool. The one in the proposal is still a full 30 feet
short of the size your department determined would be adequate to serve our community.
As for the recreation center, we have no complaints about the one as described in the original proffer. We
consider it a very desireable feature of the whole center. We see no benefit in trading a private facility for the
opportunity to use a public one.
If Manning and Ross and the county are interested in the Sovereign Village Homeowners' Association accepting a
recreation center, then they are going to have to make sure it contains enough desireable amenities to enable us
to secure a membership adequate enough to operate it successfully. These proposed changes do nothing to
further that end.
Barbara Lewis
— Original Message - --
From: Matt Hott
To: ourpond@vis
Cc: Eric Lawrence ;Jim Doran ; Matthew Hott
Sent: Friday, July 18, 2008 11:38 AM
Subject: Sovereign Village Recreation Center
Ms. Lewis:
Having received your letter dated July 14, 2008, 1 am somewhat confused as it does not reflect what we
discussed on July 7, 2008.
The developer Manning and Ross, and to my understanding, is legally bound by the approved proffered plans
to construct a 3,000 s.f. Community Center, Pool and outdoor multi -court play courts.
If the Homeowners Association would like for the developer to construct a larger Pool, the developer has
supported constructing a 30'x 50' pool with a bath house and a multi - purpose court as a revision for the
Recreation Center. This revision would eliminate the 3,000 s.f. Community Center. As we also discussed, the
Parks and Recreation Department will have Community Center space as part of the 12 the Elementary School.
In addition, if the Homeowners Association is further interested in this revision, the Association would have to
agree to take ownership of the facilities when completed.
The developers would need a letter of support from the Homeowners Association for the revised Recreation
Center by July 31, 2008.
If a letter is not received, the developer will have to proceed as per the approved proffered plans.
7/21/2008
Sovereign Village Recreation Center
Please contact me if you should have any further questions.
Matthew G. Hott
Superintendent of Parks
Frederick County Parks and Recreation
107 N.Kent St.
Winchester, VA 22601
Phone: 540.665.5678
Fax: 540.665.9687
mhott@co.frededck.va.us
Page 2 of 2
7/21/2008
Sovereign Village Recreation Center
Matt Hott
From: Matt Hott [mhott @co.frederick.va.us]
Sent: Friday, July 18, 2008 11:39 AM
To: ourpond @visuallink.com
Cc: Eric Lawrence; Jim Doran; Matthew Hott
Subject: Sovereign Village Recreation Center
Ms. Lewis:
Page 1 of 1
Having received your letter dated July 14, 2008, 1 am somewhat confused as it does not reflect what we
discussed on July 7, 2008.
The developer Manning and Ross, and to my understanding, is legally bound by the approved proffered plans to
construct a 3,000 s.f. Community Center, Pool and outdoor, multi -court play courts.
If the Homeowners Association would like for the developer to construct a larger Pool, the developer has
supported constructing a 30'x 50' pool with a bath house and a multi - purpose court as a revision for the
Recreation Center. This revision would eliminate the 3,000 s.f. Community Center. As we also discussed, the
Parks and Recreation Department will have Community Center space as part of the 12 the Elementary School.
In addition, if the Homeowners Association is further interested in this revision, the Association would have to
agree to take ownership of the facilities when completed.
The developers would need a letter of support from the Homeowners Association for the revised Recreation
Center by July 31, 2008.
If a letter is not received, the developer will have to proceed as per the approved proffered plans.
Please contact me if you should have any further questions.
Matthew G. Hott
Superintendent of Parks
Frederick County Parks and Recreation
107 N.Kent St.
Winchester, VA 22601
Phone: 540.665.5678
Fax: 540.665.9687
mhoft@co.frededck.va.us
7/18/2008
P.O. Box 3748
Winchester, VA 22604
July 14, 2008
Mr. Matthew Hott
Frederick County Department of Parks and Recreation
107 North Kent Street
Winchester, VA 22601
Dear Mr. Hott:
The Sovereign Village Homeowners' Association Board of Directors would first of all
like to thank you, Mr. Doran and Mr. Lawrence for your interest in trying to deal with the
problems relating to the Sovereign Village Recreation Center proffer.
The board met on July 10 and reviewed the proposal as described in the copy of the e-
mail provided to me. After full consideration of the proposal, the board adopted the
following position:
If a proposal that includes a 3000 square foot recreation center as described in the proffer
and a 30 x 80 foot swimming pool as recommended by the Frederick County Parks and
Recreation Department is forthcoming, then the board will require a minimum of 45 days
in which to review the proposal with Sovereign Village Homeowners.
Sincerely,
Barbara Lewis, president
Message
Matt Hott
From: Jim Doran Odoran @co.frederick.va.us]
Sent: Monday, July 14, 2008 10:47 AM
To: 'Matt Hott'
Subject: RE: Sovereign Village Rec Center
thanks
- - - -- Original Message---- -
From: Matt Hott [ mailto:mhott@co.frederick.va.usj
Sent: Monday, July 07, 2008 11:24 AM
To: 'Eric Lawrence'
Cc: Jim Doran
Subject: RE: Sovereign Village Rec Center
Eric,
Page I of 2
Met with Ms. Lewis this morning and gave her the information and what we needed from the HOA. We
are waiting on them to get back to us.
They have an HOA Board of Directors meeting on Wednesday.
Thanks!
AlF i#
- - - -- Original Message---- -
From: Eric Lawrence [ mailto :elawrenc @co.frederick.va.us]
Sent: Friday, June 27, 2008 12:22 PM
To: 'Jim Doran'
Cc: 'Matt Hott'
Subject: Sovereign Village Rec Center
Hi Jim and Matt-
Dave Madison just called me to follow -up on our discussion yesterday. Dave is Greg Bancroft's
partner in Manning & Ross Development.. Dave said they are supportive to a slight revision to the
rec center site which would result in a mult- purpose court, and bath house and 30 by 50 pool.
They, obviously, would want to obtain a letter of support from the HOA if indeed the HOA preferred
this revised rec facility. Dave would like to resolve the rec center design within the next month so
that they might move forward with any design changes and construction.
Dave places the responsibility to secure the HOA support with us.
Dave is available should you wish to communicate with him and you move forward with the
'compromise' effort. Dave's cell phone is 974 -0584 should you want to reach him.
Please keep me informed, as appropriate, on any progress you're able to achieve. Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
7/17/2008
Page 1 of 1
Matt Hott
From:
Eric Lawrence [elawrenc @co.frederick.va.us]
Sent:
Friday, June 27, 2008 12:22 PM
To:
'Jim Doran'
Cc:
'Matt Hott'
Subject: Sovereign Village Rec Center
Hi Jim and Matt-
Dave Madison just called me to follow -up on our discussion yesterday. Dave is Greg Bancroft's partner in
Manning & Ross Development.. Dave said they are supportive to a slight revision to the rec center site which
would result in a mult- purpose court, and bath house and 30 by 50 pool. They, obviously, would want to obtain a
letter of support from the HOA if indeed the HOA preferred this revised rec facility. Dave would like to resolve the
rec center design within the next month so that they might move forward with any design changes and
construction.
Dave places the responsibility to secure the HOA support with us.
Dave is available should you wish to communicate with him and you move forward with the 'compromise' effort.
Dave's cell phone is 974 -0584 should you want to reach him.
Please keep me informed, as appropriate, on any progress you're able to achieve. Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540 -665 -5651
540 -665 -6395 (fax)
e Iawrenc(a) co.frederick.va. us
http: / /www. co.frederick.va. us /Pla n ni n D la n ningAn dDev. htm
www.co.frederick.va.us
6/30/2008
Message
Matt Hott
Page I of 2
I�
From: Jim Doran [jdoran @co.frederick.va.us]
Sent: Monday, July 14, 2008 10:47 AM
To: 'Matt Hott'
Subject: RE: Sovereign Village Rec Center
thanks
- - -- -Original Message---- -
From: Matt Hott [ mailto:mhott@co.frederick.va.us]
Sent: Monday, July 07, 2008 11:24 AM
To: 'Eric Lawrence'
Cc: Jim Doran
Subject: RE: Sovereign Village Rec Center
Eric,
Met with Ms. Lewis this morning and gave her the information and what we needed from the HOA. We
are waiting on them to get back to us.
They have an HOA Board of Directors meeting on Wednesday.
IIiT IMM
Matt.
- - - -- Original Message---- -
From: Eric Lawrence [mailto:elawrenc @co.frederick.va.us]
Sent: Friday, June 27, 2008 12:22 PM
To: 'Jim Doran'
Cc: 'Matt Hott'
Subject: Sovereign Village Rec Center
Hi Jim and Matt-
Dave Madison just called me to follow -up on our discussion yesterday. Dave is Greg Bancroft's
partner in Manning & Ross Development.. Dave said they are supportive to a slight revision to the
rec center site which would result in a mutt- purpose court, and bath house and 30 by 50 pool.
They, obviously, would want to obtain a letter of support from the HOA if indeed the HOA preferred
this revised rec facility. Dave would like to resolve the rec center design within the next month so
that they might move forward with any design changes and construction.
Dave places the responsibility to secure the HOA support with us.
Dave is available should you wish to communicate with him and you move forward with the
'compromise' effort. Dave's cell phone is 974 -0584 should you want to reach him.
Please keep me informed, as appropriate, on any progress you're able to achieve. Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
7/14/2008
Page 1 of 2
Matt Hott
From: Jim Doran [jdoran @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 12:42 PM
To: Matt Hott; Jason Robertson
Subject: FW: Sovereign Village rec center
FYI
- - - -- Original Message---- -
From: Eric Lawrence [ maiRo :elawrenc @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 1:24 PM
To: 'Jim Doran'; 'Matt Hott'; 'Jason Robertson'
Subject: RE: Sovereign Village rec center
If you believe the location and concept has merits, let's sit and talk. My take from JRR's comments is that we
don't want to miss an opportunity. And if Manning and Ross simply construct and then padlock their facility, it
might be a missed opportunity for us. I'm available as soon as 2PM today or tomorrow after 11 AM.
Sooner the better as if the County wants to do something, we'll need to get the developer onboard — and they
wanted to beginning construction.. yesterday.......
Eric R. Lawrence. AICP
Director. Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester. VA 22601
540 -665 -5651
540 -665 -6395 (fax)
elawre_nco co,freder va.us
pJi f_ reder
htt_v aw. co. ic K.va_us /PIanningAndDevelopmen Plan
it
From: Jim Doran [mailto:jdoran @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 10:57 AM
To: 'Eric Lawrence'; Matt Hott; Jason Robertson
Subject: RE: Sovereign Village rec center
Eric.
First of all, I'm not sure why we would construct another 25m competitive outdoor pool. We currently have two
and the City of Winchester has a 50m competitive pool near this site. If the county were to be involved, I would
recommend a leisure pool with the amenities that are now commonplace in recreational environments. Lap lanes
could be incorporated into the design of a leisure pool to meet the needs of the lap swimmers.
Secondly, is there adequate space to provide the pool, along with the needed parking, for a facility I would
assume would be sized to have regional appeal? The number of parking spaces and the proposed size of the
pool will impact the bottom line for the facility.
We suggest that, after getting help with the space issue, we sit down and propose parameters for a facility, run
them by you, and then develop some projections based on agreed upon information.
Let me know if this is workable
9/2/2008
Page 2 of 2
Jim
- - - -- Original Message---- -
From: Eric Lawrence [ mailto :elawrenc @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 12:21 PM
To: 'Matt Hott'; 'Jim Doran'
Subject: Sovereign Village rec center
Quick update on a conversation I had with JRR and Rod this morning...
As I'm sure you're aware, the Sovereign Village HOA has stated that they have no interest in assuming
ownership of the completed Sovereign Village Recreation Center unless it's a larger pool (competition ?)
and 2,000 community center. Developer is only willing and required to construct a smaller facility.
Rod's investigating the legal rights for the HOA to deny ownership of the completed improvement.
JRR mention that if the HOA doesn't want the facility, should the County step up to assume ownership if
the site had a larger pool? Maybe work with developer to secure a competition pool and bathhouse —
county could cover cost differential?
I mentioned to JRR that I understood from conversations with Parks that the pool (competition size) was
not a money making venture. JRR's curious as to what the cost differential might be, and should we
involve a Board member in a brief discussion to see if further consideration is warranted?
In an effort to make sure we fully vetted the possibility for a county facility at this site, could you offer me a
brief cost estimate to construct a neighborhood pool meeting your guidelines? Maybe a pros/cons to
county ownership of this site and pool?
I'll touch base with the developer to learn what their construction schedule is and a cost estimate for their
planned improvements.
Thanks
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540 -665 -5651
540 -665 -6395 (fax)
el awrencBco .frederick.va.us
http: /fwww. va. u s/ Plannin�AndDevelcQment /PlanningAAnciDev_htm
9/2/2008
4,500 sq ft Leisure Pool
1,000 sq ft Average Sprayground
4,000 sq ft Pool bath - house, pump room, and concession
8,800 sq ft Pool Decking and cauaffig
120 parking spaces
Fencing
Landscaping
Site Work
$ 800,000
375,000
700,000
55,000
180,000
12,000
10,000
Architect and Engineering po
Total
* Need 3acres to facilitate above programming
Annual Operating Expenses of
* Annual Revenue
$ 2,500,000
$ 100,000
75,000
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MEMORANDUM 1 o f 3 `' e
PC !!��
- So✓er )^
Below is a summary of the improvements made to the Sovereign Village Master
Development Plan (MDP) between the Charming Drive rezoning on December 8, 1999,
approval of the initial MDP on December 5, 2001, and submission the revised MDP for
Sovereign Village, approved by the Board of Supervisors on May 9, 2007.
Residential Development The Charming Drive rezoning, approved on
December 8, 1999, established 354 acres of land zoned Residential Performance (RP)
District, and 22 acres zoned Business General (B -2) District. The initial Master
Development Plan for the Charming Drive development, as approved by the Planning
Commission and the Board of Supervisors on December 5, 2001 governed the
development of the entire 376 -acre area and showed Sovereign Village being developed
with 362 single - family detached lots on 152 acres, a density of 2.4 units per acre. On
March 23, 2004 Frederick County voted to accept individual MDP revisions from the
three developments composing the 376 -acre project area.
The revised Sovereign Village MDP presented to the Planning Commission on
March 7, 2007 showed 216 single family detached lots and 116 multiplex units, totaling
332 residential units, a reduction of 30 dwelling units. This resulted in a reduced density
of 2.3 units per acre. After additional consultation with Frederick County the revised
MDP was amended to provide for 216 single family detached lots, 42 single family zero-
lot line lots and 64 multiplex units, an additional 10 unit reduction, bringing the density
down below 2.2 units per acre.
The reduced residential density also reduces the impact on Frederick County
Public Schools. Under the original MDP Sovereign Village was expected to account for
192 school children. The revised MDP with 216 single - family lots and 116 multiplex
MEMORANDUM
units reduced that anticipated number to 160 school children, a 17% decrease. The
elimination of another 10 residential units takes that number even lower.
In addition to the reduced density, the layout of the development was
reconfigured so that zero -lot line units provide a transitional buffer between the single
family and the multiplex units, and the multiplex units screen the single family and zero-
lot line homes from the adjacent commercial development.
Commercial Development The original MDP envisioned 12 acres of B -2 zoned
commercial property in Sovereign Village, but the exact configuration of the commercial
development was left undefined. The revised MDP established the location of the 12-
acre B -2 property, and gave certainty to it. As depicted in the revised MDP the
commercial uses are buffered and transitioned from the single - family residential lots by
the new multiplex housing units.
Transportation Improvements The proffers in the 1999 Charming Drive
rezoning do not have a time restriction for the completion of Charming Drive. Road
construction was tied to the issuance of the issuance of the 474` building permit for the
rezoned area. At the time of the March 7, 2007 Planning Commission hearing on the
revised MDP, approximately 390 permits had been issued and more than 80 additional
permits could be pulled without triggering the requirement to complete construction of
Charming Drive.
The revised MDP for Sovereign Village provides that the development of the
remaining portion of Charming Drive (from Farmington Blvd. to Canyon Drive) will be
constructed and open to public use within 12 months of final MDP approval. If the
revised MDP approval is not final, the road segment may not be completed within that
MEMORANDUM
time frame. By the terms of the MDP a $1,300,000.00 letter of credit was issued to bond
the road construction on or about June 2007 and submitted to the County along with the
right -of -way dedication plat, even before the MDP received final signatures. This has
been subsequently amended as a result of the agreement reached to facilitate the
construction of the new elementary school.
In addition to the road construction timeline, the reduced residential density in the
revised Sovereign Village MDP reduced traffic generated by the development from a
total of 9,260 vehicle trip per day under the original plan to 8,856 vehicle trips per day
due to the decrease in residential density.
Recreation The Channing Drive rezoning, approved on December 8, 1999,
included a proffered 3,000 SF recreation center with an outdoor multipurpose playing
court and a swimming pool. However, the proffer did not require completion of the
facilities by a certain date or provide for any event that triggered construction of the
recreation center. The revised MDP, approved May 9, 2007, includes a mechanism for
insuring that the recreation center is constructed within 24 months of final MDP
approval. The revised MDP also provides an additional tot lot and park benches as
recreational amenities for the multiplex residential units. Both of these provisions would
be voided if the revised MDP were invalidated.
HearinES and Notice to Residents The revised Sovereign Village MDP was the
subject of three public hearings before the Frederick County Planning Commission and
Board of Supervisors between March 7 and May 9, 2007. Citizens were given notice in
advance of each hearing and invited to attend and comment. Public comments from the
first Planning Commission hearing on March 7, 2007 caused the Commission to table the
MEMORANDUM
application for 45 days so that the revised MDP could be amended to provide for zero -lot
line homes as a transition between the single - family detached lots and the multiplex units,
and the placement of the multiplex units as a buffer with the adjacent commercial
development area. Public concerns about increased density resulted in an additional
decrease of ten dwelling units within the development. Additional public comments were
heard at the April 18, 2007 Planning Commission meeting, and before the Board of
Supervisors on May 9, 2007, when the revised MDP passed by a 4 -3 vote.
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