A Resolution to Approve SEAM07-SC-001: A Category 6 Special Exception Amendment to Previously Approved Special Exceptions SE02-S-13 and SE02-S-14
WHEREAS, Suffield Meadows, LLC, owner/applicant, has submitted a request to amend a previously approved Special Exception to allow for additional beds at the assisted living facility, for a total of 72-beds with no more than sixty (60) assisted living units; and
WHEREAS, the parcel known as PIN 6995-89-2285-000 comprises this request; and
WHEREAS, on April 26, 2007, the Planning Commission held a public hearing on this application and voted to recommend approval of the Special Exception; and
WHEREAS, on June 14, 2007, the Fauquier County Board of Supervisors conducted public hearings and considered the written and oral testimony; and
WHEREAS, the Board of Supervisors finds that per Zoning Ordinance Section 5-004(2), the requested number of beds, assisted living units, and assisted living facility do not represent a significant change to the originally approved Special Exceptions; and
WHEREAS, the Fauquier County Board of Supervisors concurred with the judgment of the Planning Commission and finds that the Special Exception has met the standards set forth in the Fauquier County Zoning Ordinance, Article 5 and the specific standards of Section 5-600 and 5-200; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 14th day of June 2007, That Special Exceptions SE02-SC-13 and SE02-SC-14, Suffield Meadows, LLC, owner/applicant, be, and are hereby, approved subject to the following revised conditions:
1. This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception plat approved with the revised application, originally dated December 14, 2001, and as amended by a plat prepared by Bury + Partners entitled “Suffield Meadows – Assisted Living Facility Special Exception Amendment”, sheet 2 of 3, dated February 23, 2007 and revised on March 12, 2007 (the “ALF Plat”), 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.
2. 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 Community Development.
3. The applicant shall file a Site Plan within one year of approval of this Special Exception approval.
4. The use of the property shall be limited to the following housing components; one 60-unit assisted living facility structure containing not more than 72 beds, in the general location depicted on the ALF Plat, provided that the building footprint and location may change because of more detailed building programming and detailed engineering studies, in addition to the two 16-unit condominium structures, 50 individual cottage units and 30 duplex units, as substantially depicted on the ALF Plat.
5. Not later than ninety days following the issuance of this Special Exception, the Applicant, its successors or assigns shall post a performance bond or letter of credit in the amount of $1,500,000.00, except as may be provided herein..
a. This amount shall be reduced to $850,000.00 upon conveyance of the Property depicted on the ALF Plat to the Fauquier Health System, Inc., and shall be further reduced as provided herein, to guarantee that construction of the assisted living facility will begin within twenty-four months from the date of the issuance of this amended Special Exception. The terms and conditions of the bond shall be agreed to by the Director of Community Development and the County Attorney, and the obligations of the Applicant with respect to the construction of the Assisted Living Facility shall assigned upon conveyance of the Property depicted on the ALF Plat to Fauquier Health System, Inc., or another accredited assisted living facility operator. The letter of credit or cash bond shall secure a developer’s agreement acceptable to the County, which shall provide for the use of the surety in the event of default as provided herein.
b. The bond or letter of credit aforesaid shall be reduced by fifty percent (50%) thereof when the construction of the Assisted Living Facility shall have reached fifty percent (50%) completion as certified by the builder’s architect or engineer, by an additional twenty-five percent (25%) upon completion of seventy-five percent (75%) thereof, and shall be completely released upon the issuance of an occupancy permit therefor.
c. Grounds for default on any agreement aforesaid shall constitute failure to commence construction within twenty-four months of the approval date of this special exception, or failure to complete substantially the facility within eighteen (18) months of the commencement of construction. The proceeds of such default shall be paid to the Suffield Meadows Owners’ Association to the extent that funds would otherwise be due to it from the ALF, as the ALF’s share of the costs of operation and maintenance of common property, specifically including the wastewater treatment plant serving the Property, until such time as the operation of an ALF consistent with the requirements hereof shall have been initiated.
6. The applicant agrees that first priority for assisted living facility beds shall be for those persons who have purchased housing components within the continuing care community, based upon bed availability at that time at the current market rate.
7. 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.
8. The total area of the site developed for the uses permitted herein shall be limited to 30+/- acres as generally depicted on the original Special Exception Plat, and as amended by the ALF 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:
a. Installation of utility poles, transformer, lines, and facilities related to the transmission and distribution of electricity, telephone, and cable;
b. Natural gas lines, reduction station equipment and facilities related to the distribution of natural gas;
c. 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;
d. Agricultural, forestry, wildlife habitat areas and observation points or open space uses.
e. Accessory structures as otherwise permitted in the underlying zoning district;
f. Gardens, walking trails and similar amenities as otherwise permitted and indicated on the special exception plat.
9. The referenced easement will include the conditions mentioned above, and shall be reviewed and approved by the County Attorney.
10. 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.
11. 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.
12. 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.
13. 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 those conditions are not severable.
14. Covenants have been recorded and run with the lands and are binding on all owners of condominiums and lands in perpetuity. Such covenants address, inter alia, 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.
15. The applicant shall convey to the Fauquier County Water and Sanitation Authority the well on the subject property and grant any 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.
16. The architectural style, building massing and building material color scheme of the assisted living facility shall generally conform to the elevations that appear on the sheets entitled “Suffield Meadows – Front Elevation,” dated June 4, 2007 and “Suffield Meadows – Rear Elevation,” dated June 4, 2007. Minor modifications from these elevations may be allowed due to changes in building programming, as a result of detailed engineering studies, and in order to meet applicable regulations and standards necessary to gain final site plan approval for this development.
17. 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.
18. The applicant agrees that all residential units shall be served by individual residential sprinklers for fire protection.
19. 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.
20. Best Management Practices shall be incorporated into final stormwater management designs at the time of site plan submission.
21. 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.
22. If still required, the applicant shall obtain a Federal Emergency Management Agency approved floodplain revision prior to approval of the Site Plan.
Landscape and Buffer Requirements
23. 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:
a. 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.
b. Deed 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 equivalent to that shown on the approved plan.
c. Protection. 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.
24. 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.
25. Adequate traffic controls, as determined by VDOT, shall be established for all construction traffic and also for activities within the public right-of-way.
26. No open cutting or trenching of Route 29 shall be permitted in association with utility crossings.
27. No valves or “blow-offs” or fire hydrants shall be permitted in the public right-of-way.
28. 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.
Private Sewage Treatment System
29. The following general provisions shall continue to apply:
a. The private sewage treatment facility shall be operated by a Class III wastewater operator licensed by the Commonwealth of Virginia. Written documentation of this contract shall be provided to the Zoning Administrator prior to the issuance of any occupancy permit for the ALF.
b. 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 facility.
c. 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 Health Department, the Zoning Administrator and all adjacent property owners of any system malfunctions within 24 hours of the occurrence of the malfunction.
d. Monitoring reports of the sewage treatment system shall be submitted to the Health Department as noted in the permit and required by the Health Department, with accumulated results submitted to the Zoning Administrator on an annual basis.
e. 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.
30. All commercial components shall be located only within the assisted living and recreation building components of the assisted living community. All commercial components shall be accessory to, and normally found in, assisted living uses. Commercial components shall be designed and constructed primarily for use by the residents of the assisted living community.
31. Prior to and for the duration of construction, the applicant shall provide safety fencing twenty (20) feet beyond the perimeter of the drainfields and reserve areas to ensure no excavation and construction activities would render the sites void. The location of such fencing shall be submitted with the Site Plan/Construction Plan.
32. The single-family building permits which are currently held by the County shall be released upon the approval of this Special Exception Amendment by the Board of Supervisors and the posting of the $1.5 million letter of credit provided for herein.
33. Not later than ninety days following the issuance of this Special Exception Amendment, if a contract for the construction of a ADA compliant swimming pool within the property that is subject to this Special Exception has not been awarded by the Applicant, it shall deposit in escrow $150,000, with these funds to be used for the construction of such swimming pool. This includes the pool, concrete deck surrounding the pool, its fencing, and sidewalk to and including the building structure for the pool toilets and equipment as represented on the Major Site Plan (Prepared by: Rickmond Engineering, Inc., now Bury + Partners; Approval Date: July 6, 2004). In addition, the Applicant’s existing bond with the County covers the parking lot serving both the Clubhouse and the pool, along with the sidewalks and emergency access grassed pavers leading from the parking lot to the pool. In the event a swimming pool is not constructed within 12 months of the issuance of this Special Exception Amendment, the escrow funds shall be released to Suffield Meadows Condominium (the condominium association for the development) to be used to construct the swimming pool. Notwithstanding the foregoing, in the event the unit owners of Suffield Meadows Condominium decide by referendum that the swimming pool shall not be constructed, the funds shall be released to Suffield Meadows Condominium for its use for community improvements.