AMENDED PUBLIC HEARING AGENDA REQUEST

Applicant:

Board of Supervisors Meeting Date: 

Semple Family Limited Partnership, Owner

AML Development Corporation, Applicant

May 20, 2002

Staff Lead:

Department: 

Brian Davis

Community Development

Topic:  SPECIAL EXCEPTION #02-S-13 and #02-S-14, ESTABLISHMENT OF A CONTINUING CARE FACILITY IN THE RURAL AGRICULTURAL ZONING DISTRICT AND APPROVAL OF A PRIVATE SEWAGE TREATMENT SYSTEM. 

COMPREHENSIVE PLAN AMENDMENT #02-S-04, EXTENSION OF PUBLIC WATER BEYOND A SERVICE DISTRICT BOUNDARY,

SCOTT MAGISTERIAL DISTRICT

The applicant is seeking the above referenced approvals for the proposed development of an age-restricted community on a 120-acre parcel on Route 29 just north of Warrenton and adjacent to the Snow Hill subdivision.  The property is zoned RA (Rural Agricultural) and is located adjacent to, but not in, the New Baltimore Service District.   

A total of 112 residential units and a 40-bed assisted living facility are proposed by the applicant, with the following distribution of units: 

·         An assisted living facility with a 40-bed capacity;

·         Two condominium buildings with a total of 32 individual units;

·         50 detached cottage units; and

·         30 duplex units.   

The assisted living facility would offer 24-hour assistance to residents.  According to the applicant, this facility would be licensed by the Virginia Department of Social Services and an independent operator would be selected for facility management.  Approximately 30 full time equivalent employees are proposed for the entire community.  A clubhouse, fitness center and swimming pool are planned as community features.  The community is also proposed to include a bank facility, gift and convenience shop, pharmacy delivery service and dining room.  There are planned walking trails, a wetlands boardwalk and other open space/garden features proposed for use by the community’s residents.  The 120-acre parcel would remain intact under one common ownership, so there would be no subdivision of the land into individual lots.  Rather, each individual unit would be independently owned in a condominium-style arrangement on land that would be owned and maintained by an individual entity or Homeowner’s Association.   

The main entrance to the site is proposed from Lee Highway, aligned with the crossover for Baldwin Street (Route 673.)  The existing farm entrance on Route 29 would be closed.  There are also two proposed entrances from Fosters Fork Road, one secondary in nature and the other as an unpaved emergency access.  A majority of the development is proposed to be clustered in the center portion of the property, with the exception of the assisted living facility, which is proposed closer to the Route 29 frontage.  The community would be served by a private road network, with a 24-hour security gate at the main entrance.  The community would operate as an age-restricted facility under an exemption from the Fair Housing Amendments Act of 1988.  This constraint allows housing for occupancy by persons of a minimum age of 55 years.  In addition, this proposed community would not permit children under the age of 19 to live on the premises.  These age restrictions would be enforced through private covenants. 

Associated with the request for the establishment of the continuing care facility with its mixture of residential components, the applicant is also seeking a Comprehensive Plan Amendment to extend public water beyond the Service District, but there is no request for public sewer.   

The applicant is proposing the construction of a privately owned and operated central wastewater system, due to the property location being beyond the Service District boundary.  The proposed system would include gravity sewers and single pump station.  The treatment process proposed by the applicant involves the application of treated water to a closed, subsurface drip/drainfield system that would eliminate contact to open air and minimize odor potential when combined with minimized flow retention times in the conveyance hydraulics.  The proposed wastewater treatment building would be located in a screened area near the eastern property boundary, in closer proximity to Route 29 and the assisted living facility.  The primary drainfield areas are concentrated in a rectangular area extending from the southern property boundary towards the center of the property.  The required 200% reserve areas are scattered throughout the property.  It is noted that all collection, conveyance and treatment for the wastewater system would be underground or in a building designed with a residential character. 

Planning Commission Review

The Planning Commission held a public hearing on this application on February 28, 2002.  Subsequent to the public hearing, the Planning Commission also conducted a site visit and two work sessions.  The applicant made revisions to the proposal, most notably, moving the locations of the assisted living facility and the sewage treatment facility, to address concerns expressed by the Planning Commission.  A series of development conditions were extensively reviewed and debated in the event that the project is ultimately approved by the Board of Supervisors.  The applicant also provided more detailed traffic count estimates at the request of the Planning Commission. 

At its April 25, 2002, meeting the Planning Commission, by a vote of 3-2, recommended denial of this application.  The reasons for the denial recommendation were based on concerns that the project density was too high, the traffic and emergency service ramifications and long-term water quality impacts on adjacent wells.  The majority also indicated in the minutes that the Board of Supervisors should consider a reduction in the proposed density, a height limitation of one-story for the assisted living facility in a location further away from Route 29 and that the sewage treatment system be approved by the Health Department prior to site plan approval. 

Requested Action of the Board of Supervisors: 

Hold a public hearing and take appropriate action.  Resolutions for both denial and approval are attached for consideration. 

It should be noted that the approval resolution contains three density options for the Board of Supervisors to consider.  Option A would allow the applicants requested density of 112 total residential units, plus the 40-bed assisted living facility.  Option B would allow a lower density level as deemed appropriate by the Board of Supervisors. Option C is staff’s recommended density reduction from 112 residential units to 66 residential units, plus the 40-bed assisted living facility. 

Financial Impacts Analysis:

There was no financial impact analysis required for this request.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

None

Attachments:

Amended Resolution

03-22-02 Memo

04-19-02 Memo

02-28-02 Staff Report