A RESOLUTION TO APPROVE SPECIAL EXCEPTION #SE02-S-13 and SE
SEMPLE FAMILY LIMITED
PARTNERSHIP, OWNER (PIN 6995-79-4111-000) AND AML DEVELOPMENT CORPORATION,
WHEREAS, AML Development Corporation, applicant, has filed an
application for special exception approvals to establish a continuing care
facility in the rural agricultural zoning district (Sect. 5-606) and for a
private sewage treatment system (Sect. 5-2000); and
WHEREAS, the Planning Commission held a public hearing on this
application on February 28, 2002 and has forwarded the application to the
Board of Supervisors; and
WHEREAS, the Board of Supervisors has considered the written
and orally presented information of the applicants and conducted a public
hearing for this application on May 20, 2002; and
WHEREAS, the Board of Supervisors has determined that the
applications are in substantial conformance with the Comprehensive Plan
and the applicable provisions of the Zoning Ordinance; now, therefore, be
by the Fauquier County Board of Supervisors this 20th day of
May 2002, That the applications of AML Development Corporation on parcel
#6995-79-4111 be, and is hereby, approved, subject to the following
- This special exception is granted only for the
purpose(s), structure(s) and/or uses indicated on the special
exception plat approved with the application, dated December 14, 2001
and revised April 9, 2002, as qualified by these development
conditions, with the exception that accessory structures as otherwise
permitted in the underlying zoning district shall be permitted in
accordance with the provisions in Article 6 of the Zoning Ordinance.
- This special exception is subject to the
provisions of Article 12 of the Fauquier County Zoning Ordinance, Site
Plans, as may be determined by the Fauquier County Department of
- The applicant shall file a site plan within one
year of approval of this special exception approval.
The site plan shall be in substantial conformance with the
special exception plat dated December 14, 2001 and revised through
April 9, 2002.
- The special exception shall expire and be null
and void unless a Certificate of Occupancy for the first occupied unit
or building is issued within three (3) years of the date of approval
for the special exception, or a Board of Supervisors extension is
- The use of the property shall be limited to the
following housing components: one 40-bed assisted living facility
structure, two 16-unit condominium structures, 50 individual cottage
units and 30 duplex units.
- Prior to the issuance of the
first residential building permit, the applicant shall post a
performance bond in the amount of $850,000.00 to guarantee that
construction of the assisted living facility will begin prior to the
issuance of the 85th residential building permit.
The terms and conditions of the bond shall be agreed to by the
Director of Community Development and the County Attorney. In the event of a default, the performance bond fund
shall be used either for the construction of an on-site assisted
living facility or for the medical care of persons who have purchased
housing components within the continuing care community.
- The applicant agrees that
first priority for assisted living facility beds shall be for those
those persons who have purchased housing components within the
continuing care community, based upon bed availability at that time at
the current market rate.
- The assisted living facility shall be licensed
by the Virginia Department of Social Services and any other
appropriate federal, state and/or local agency prior to the issuance
of the Certificate of Occupancy for the facility.
- The total area of the site developed for the
continuing care facility shall be limited to 30+ acres as
generally depicted on the Special Exception Plat. Unless the Board of
Supervisors approves an amendment to this special exception, the
remaining parcel acreage (90 ± acres) shall be deed restricted from
further development with limited exceptions through a recorded
easement. Those exceptions are limited to the following uses:
- Installation of utility poles, transformer,
lines and facilities related to the transmission and distribution of
electricity, telephone and cable;
- natural gas lines, reduction station equipment and facilities related to the
distribution of natural gas;
- Installation of well for potable use, septic
tank, drainfield and required reserve, and effluent lines for the
facility, facilities for the production and or distribution of
potable water for domestic use, wastewater treatment plant and
related systems as otherwise permitted;
- Agricultural, forestry, wildlife habitat areas
and observation points or open space uses.
- Accessory structures as otherwise permitted in
the underlying zoning district.
- Gardens, walking trails and similar amenities
as otherwise permitted and indicated on the special exception plat.
- The referenced easement will include the
conditions mentioned above, and shall be reviewed and approved by the
The Applicant shall obtain and, as necessary, maintain all
applicable federal, state and local permits. In addition, the Department
of Community Development, on behalf of the Fauquier County Board of
Supervisors, reserves the right to inspect the site at any reasonable time
without prior notice to ensure that the operation of the Facility meets
the conditions of this special exception.
- The applicant agrees that the housing shall be
age-restricted in nature, in accordance with the Fair Housing
Amendments Act of 1988, as amended, so that at least one occupant of
each unit is at least 55 years of age or older.
In addition, the applicant agrees that no occupant of any unit
shall be under the age of 19.
- The applicant shall establish, as a method of
guaranteeing continuing adequate maintenance for the facility, a base
reserve of $1,000 per unit sold.
The funds shall be collected at closing for each unit and
placed into an interest bearing account established solely for the
purpose of facility maintenance.
The County Attorney’s office shall review and approve the
documents establishing this fund prior to the first occupancy permit.
A minimum of 50% of the funds shall be reserved and dedicated
to the maintenance of the sewage treatment facility.
- The special exception is
granted for and runs with the land indicated in this application and
is not transferable to other lands.
Conditions of the permit shall be applicable to all successors
and assigns of the applicant. In
the event that the Applicant challenges any condition of this special
exception, the Board of Supervisors evidences its intent that these
conditions are not severable.
- Prior to final site plan
approval the applicant shall submit for review by the County
Attorney’s Office, draft covenants to be recorded and running with
the lands and binding on all owners of condominiums and lands in
covenants shall address at a minimum: insured conformance with age
restrictions in compliance with federal laws, guarantee of continued
performance and maintenance of the sewage treatment facility, private
roadways, landscaping and grounds and buildings or structures.
- The applicant shall convey
to the Fauquier County Water and Sanitation Authority the well on the
subject property and grant and necessary easements to allow the well
to serve the New Baltimore Service District, in association with
Comprehensive Plan Amendment #CPA 02-S-04. An agreement with the WSA detailing this arrangement
shall be established prior to the approval of the site plan.
- The applicant has agreed to and shall make a
$50,000 cash contribution to Fauquier County for the sole purpose of
assisting in the purchase of a new ambulance for the New Baltimore
Volunteer Fire and Rescue Company.
Such contribution shall be made prior to the issuance of the
first zoning permit for any residential unit or the assisted living
- In order to allow for 24-hour emergency service
access, the gatehouse shall either be manned by an employee 24 hours
per day, or the applicant shall provide to the New Baltimore Fire and
Rescue Squad a means of accessing the entrance gate.
- The applicant agrees that all residential units
shall be served by individual residential sprinklers for fire
Prior to site plan approval, the Applicant must provide the County
with any official wetland determinations made by the U.S. Army Corps of
Engineers and recommended actions which the Applicant needs to accomplish
resulting from site construction. Prior
to issuance of the Certificate of Occupancy for the Facility, the
Applicant shall demonstrate to the Department of Community Development
that all federal wetland requirements, if any, have been completed to the
satisfaction of the U.S. Army Corps of Engineers.
Best Management Practices shall be incorporated into final
stormwater management designs at the time of site plan submission.
The erosion and sediment plan designed at the time of site plan
submission shall incorporate filtration practices due to the high mica
content of many of the soils on site.
applicant shall obtain a Federal Emergency Management Agency approved
floodplain revision prior to approval of the site plan.
Landscape and Buffer Requirements
- A landscape/buffering plan shall be prepared and
submitted with the site plan for the Facility, pursuant to Zoning
Ordinance requirements for approval by the Department of Community
Development. In the described plans, native species shall be the
principal planting categories used for the benefit of existing and
future wildlife populations. Species
should include, but not be limited to, hollies, loblolly pine, red
cedar, white pine, leyland cypress, willow oak, sycamore, locust, wax
myrtle, highbush blueberry, downy serviceberry, redbud, and similar
types. The planting plan
will be submitted as part of the site plan and shall meet the
landscape and buffering requirements contained in Section 7-600 of the
Zoning Ordinance. The
plan shall also include:
- Perimeter Buffering. The Applicant shall
identify tree stands, which are to be preserved and the method of
protection and site management before and after construction.
The details shall be included as part of site plan design and
approval. The Applicant
shall plant a forested buffer serving as a visual screen as
indicated on the special exception plat and otherwise required by
Zoning Ordinance provisions.
- Dead and Dying Trees and Replacements.
The Applicant shall replace any trees planted along the
forested buffer pursuant to item 2.a. above that die within three
(3) years of planting. If
any trees shown on the approved site plan to be preserved or planted
as part of the perimeter buffer become diseased or are dying, then
the Applicant may remove those trees. If the removed trees are part
of the screening buffer as shown on the approved landscape/buffer
plan, then the Applicant shall replace with such number of trees as
are necessary to satisfy the screening intent of the approved
landscape/buffer plan. The
replacement trees shall be planted as nearly as possible to the
location of the removed trees. The replacement trees must be the
equivalent to that shown on the approved plan.
The Applicant shall be responsible for and employ reasonable
efforts for the protection
of the tops, trunks and roots of all existing trees, as well as
other vegetation on the site. Protection
devices shall be installed along the limits of clearing and grading,
prior to any construction occurring on-site.
Such protection shall be maintained until all work in the
vicinity has been completed, and shall not be removed without the
consent of the County Engineer.
- The facility lighting shall comply with the
performance standards contained in Section 9-900 and 9-1000 of the
Fauquier County Zoning Ordinance. All outdoor light fixtures shall be
fully shielded as identified in Section 9-1006 of the Zoning
Ordinance, and a fully shielded fixture must be a full cutoff
luminaire with full cutoff optics.
The applicant shall dedicate right-of-way in the amount of 35 feet from
the existing property line along the property’s entire Route 29
frontage, with an additional 50-foot reservation for a possible future
service road. The applicant
shall also dedicate 25 feet of right of way along the Route 673 frontage
of the property.
The applicant shall design and construct all frontage improvements to
serve the site as indicated on the special exception plat and determined
by the Virginia Department of Transportation at the time of site plan
The applicant shall contribute $40,000 presented to the County and placed
in a Transportation Escrow Account for the signalization of the
intersection of the project entrance/Baldwin Street and Route 29. Such payment shall be made prior to the issuance of the first
occupancy permit for any residential unit or the assisted living facility.
Upon request from VDOT, the County shall deliver the escrowed fund
to the Virginia Department of Transportation (VDOT).
Adequate traffic controls, as determined by VDOT, shall be established for
all construction traffic and also for activities within the public right
No open cutting or trenching of Route 29 shall be permitted in association
with utility crossings.
No valves or “blow-offs” or fire hydrants shall be permitted in the
The unpaved emergency access road depicted on the special exception plat
shall be a minimum width of 15 feet, designed and constructed so as to
handle emergency vehicles in both wet and dry conditions.
Sewage Treatment System
- Prior to site plan approval for the continuing
care facility, the applicant shall:
- File an application with the Health Department
for the proposed private sewage system.
- Conduct a preliminary meeting with the Health
Department to determine basic design parameters such as flows.
- Submit a soils evaluation proposal to the Health
Department and the County Soil Scientist. As part of this evaluation, the applicant shall conduct
a saturated hydraulic conductivity test (K-sat) to determine a
permeability rate that will be used as part of the design criteria.
- A site visit shall be held with representatives
from the Health Department and the County Soil Scientist to determine
- Submit a design to dispose of sewage effluent
and calculate nitrate loading, ponding and disposal means in
accordance with state and local health codes.
- Complete any design revisions deemed necessary
by the Health Department’s engineer and submit the revised package
to the local Health Department for the issuance of a permit.
- In addition, the following general provisions
shall also apply:
- The private sewage treatment facility shall be
operated by a Class III wastewater operator licensed by the
Commonwealth of Virginia. Written
documentation shall be provided to the Building Official in the form
of an operator agreement prior to the issuance of the first occupancy
permit for the facility.
- The applicant shall provide an annual
certification statement to the Zoning Administrator indicating that a
Class III operator is under contract for the sewage treatment
- Either the applicant or the licensed operator
shall ensure that 24-hour a day monitoring and notification systems
and procedures are in place for the sewage treatment operations.
The applicant shall be responsible for notifying the County and
all adjacent property owners of any system malfunctions within 24
hours of the occurrence of the malfunction.
- Monitoring reports of the sewage treatment
system shall be submitted to the Health Department as required on a
routine basis, with accumulated results submitted to the Zoning
Administrator on an annual basis.
- Before the issuance of the first occupancy
permit, the applicant shall provide written evidence to the Building
Official that the applicant has arranged for the appropriate disposal
of biosolids produced on site.