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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. FDODY Rtrcnl.loVM. Pim O"K.,. BM 681,F.twr R.n.tiv,.,:iu.l1{.10,Tn.r✓unncIUD) U 1M 1 /,FnwmllR:(S/O) 611.9111, LM,111.: eO.CUUJ.Ymcrorvrvc ZW FnIxFwSAPDasBS: ]0801 Nun 9iR[BT. Burrz JOB. FAIRF..I, Vlxgmw 118.18, relerxoree: 1'18]) J51 -1611, FACSBM1B6: 1'18J) 3]NIA. E -MA1L: TIroNwB04A BarvBNHUZen.�.1 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 TAMF. AOOAMT TWOS AInwS�*On.5ORF3O0. FAwPAx ,Pmamu33039,'ri1.EPxOM�(W3) 333. 3615. FACEHB.E: InH)95L/190,E.av n.; THOx.WLn�wonfyl 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 C G , � ! '7 d / C 0 G p. C 3 ° Ilk TY CA( 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. . � _ Au"° �. � .t