PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date: 

Poplar Springs, LC, Owner/Applicant

September 11, 2008

Staff Lead:

Department: 

Holly Meade, Senior Planner

Community Development

 

Magisterial District:   Cedar Run                                                                                                  PIN:
Service District:
None                                                                                                7902-81-0330-000 

Topic: 

A Resolution to Approve a Category 7 Special Exception (SPEX08-CR-023) to Allow for the Operation of an Existing Restaurant, a Category 9 Special Exception (SPEX08-CR-024) to Allow for the Operation of an Existing Resort and a Category 20 Special Exception (SPEX08-CR-025) to Allow for a Private Individual Sewage Treatment Plant

 

Topic Description:

The applicant wishes to renew and amend existing Special Exception permits that were approved by the Fauquier County Board of Supervisors on September 7, 1999, for a Resort (Category 9) and a Conference Center (Category 11).  While helping the applicant prepare for the renewal process, the Zoning Administrator determined that the previously approved Category 11 Special Exception for a Conference Center does not apply to the activites occurring on the site.  The Zoning Administrator has opined that uses on the property can be best categorized under a Category 7 Special Exception (SPEX08-CR-023), Adaptive Use, for the existing restaurant and a Category 9 Special Exception (SPEX08-CR-024) for the existing resort and associated activities (tennis, spa, pool, greenhouse, golf putting practice facilities).  Once the applicant progresses to final site design and site plan submittal stage, a sewage treatment plant may be needed; the applicant has filed a Category 20 Special Exception (SPEX08-CR-025) now to avoid going through the Special Exception process again later. 

Category 7 Special Exception - Adaptive Use, Existing Restaurant 

The Manor House restaurant at Poplar Springs Inn serves the overnight guests seven days per week and non over-night guests four days per week.  The restaurant is currently open to the public Thursday – Saturday and Sunday for brunch.  No changes are proposed for the existing restaurant; the applicant is not proposing increased space or hours. 

Category 9 Special Exception – Outdoor Recreation and Resort 

The Poplar Springs Inn facility operates seven (7) days a week, 24 hours a day, due to the full service restaurant and overnight accommodations.  Under the existing special exception, permitted events attract approximately 400-500 patrons.  The applicant does not expect the proposed uses will increase the number of attendees, but rather broaden the services and amenities currently available at the property.    

The applicant currently has Special Exception approval for 100 suites in a total of seven (7) to ten (10) separate buildings.  The applicant is now requesting thirty-five additional suites, for a total of 135 suites in a total of ten (10) to fifteen (15) buildings.  The applicant is requesting to add the following:  (a) 6 tennis courts, (b) 12,500 square foot spa addition, (c) 4 hole pitch golf practice facility, (d) 300 square foot greenhouse for the production of flowers, herbs and vegetables, (e) pool expansion, and (f) farm winery.  A farm winery with a tasting room is allowed by-right.  The applicant’s Statement of Justification is included as Attachment 1.  The applicant states the proposed guest cottages will be architecturally consistent with the existing manor and carriage houses situated on the property and all improvements will be residentially oriented and designed.  Attachment 2 is the proposed Conceptual Site Plan dated March 7, 2008. 

Category 20 Special Exception – Sewage Treatment System 

The applicant has stated that any new construction will occur as market demands dictate.  At this point, the applicant does not know what type of sewage treatment he will use for any new construction.  The applicant has been working diligently with the County Soil Scientist and Health Department to address concerns related to future expansion.  Any expansion of the facilities will require formal plans by a Professional Engineer (in consultation with an AOSE).   

The current system design generates an estimated flow of 8,210 gallons per day using a 10,000 gallon per day treatment unit.  Eighty-five (85) separate drainfield sites were identified by Frazier Consultants in the original Special Exception and Site Plan, with nine (9) of the sites currently in use.  The County Soil Scientist has identified in his comments, drainfields that could be affected by the current proposed layout.  The applicant has stated that any new sewage treatment system will be much like the current system which is treated and then discharged into a drainfield.  The applicant is working with the Health Department on obtaining compliance for the existing system.   

Per Zoning Ordinance Section 7-502.3, the proposed system is not considered a public or private central sewer system because, for purposes of Section 7-502.3 only, the term “sewer system” is defined as any sewage disposal system serving two or more lots or dwelling units. This proposal does not fit either of those two scenarios.  Elsewhere in the Zoning Ordinance, the proposal is considered a Sewage Treatment Facility since it digests and/or treats more than 1,200 gallons per day of sewage (Zoning Ordinance Article 15 – Definition of “Sewage Treatment Facility). The use is subject to Special Exception approval per Zoning Ordinance Section 3-320.7.

 

Location,  Zoning and Current Land Use:  

The 171.86 acre property is located in the southeast quadrant of Route 602 (Rogues Road) and Route 616 (Casanova Road), in Cedar Run Magisterial District, and zoned a combination of Village (V) and Rural Agricultural (RA).  The northwest portion of the property is within the Village of Casanova.  The site is the current location of Poplar Springs Inn & Spa. 


Surrounding Zoning and Current Land Use: 

Property to the north is zoned a combination of Village (V) and Rural Agricultural (RA).  Property to the east and south are zoned Rural Agricultural (RA).  Property to the west is zoned Village (V) and Rural Agricultural (RA) and is the location of the SPCA facility.  The surrounding uses contain a mix of residential, agricultural, and institutional uses. 

Site History:   

The applicant/owner received the original Special Exception approval in 1990 under Category 7, Adaptive Uses, to operate an inn for weddings, meetings and other uses.  This Special Exception was limited to Categories 2, 4, 5, and 6 of Section 5-700 of the Zoning Ordinance, which are art and craft galleries, restaurants, inns or boarding houses, and multi-family uses.   

In 1999, the applicant received approval to expand the amenities of their operation through Special Exception approval to include a full service restaurant, overnight accommodations in a cluster of guest cottages as well as in the existing manor house, conference facilities, and accessory uses to the resort such as tennis and horseback riding.  The Special Exceptions issued in 1999 were approved under Category 9, Camps, recreation grounds, lodges and resorts and Category 11, Public-Quasi Public Uses – Conference Center and were issued for a period of 10 years.  With this proposal, the applicant is requesting the time limit associated with the Special Exception be removed.  The applicant states removal of the time limit is a necessary component for the growth of Poplar Springs.  This large investment requires a permanent commitment to reassure the Poplar Springs’ investors that the money is well placed and secure in the community. 

Comprehensive Plan/Land Use:  

The northwestern portion of Poplar Springs property is located within the Village of Casanova.  The Comprehensive Plan describes villages as areas characterized by a traditional mix of land uses and facilities, and specifically classifies Casanova as a Type II village.  This type of village is planned for in-fill development and some limited expansion.  Although Casanova is assessed in the Comprehensive Plan to have considerable potential for further development, it is bisected by a railroad line, has limited access, is bounded in some directions by large lot subdivisions, and contains floodplain and soils inappropriate for construction and percolation. 

The remainder of the property is planned for rural/conservation land uses.  The Comprehensive Plan states that emphasis should be placed upon the protection and preservation of agricultural and forestal areas, and to mitigate adverse impacts between rural/conservation uses and residential uses. 

Staff notes that some of the expansion seems to be shown in the Village zoning of the parcel.  A condition has been included which prohibits any expansion of the resort or related activities in the Village Zoning District.  Much of the wooded area in and around the developed area appears to be preserved.  In addition a portion of the area would continue as cropland with the planting of grapes as part of the farm winery.  On the whole, it appears that the overall use and development of the property will occur in a manner that will preserve the integrity of the rural/conservation land use, while furthering the limited expansion of Casanova as outlined in the Comprehensive Plan. 

The majority of the subject property is designated as a rural area and is subject to the Rural Areas Land Use Plan, Chapter Eight, of the Comprehensive Plan.   Preservation and enhancement of the rural areas and preservation of the agricultural economy in Fauquier County have consistently been major goals of the County.  

Special Exception Analysis:  

Article 5-006, General Standards 

General standards seek to ensure that the requested use does not adversely affect neighboring properties.  The proposal does not appear to adversely affect the neighboring properties in that it has been in operation for approximately twelve years and the limited expansion should not unduly affect the area. 

Article 5-701,Category 7 Uses 

1.   Retail shops. 

2.   Art and craft galleries. 

3.   Offices. 

4.   Restaurants. 

5.   Inns or boarding houses. 

6.      Multi-Family uses. 

 The proposal is for the existing restaurant which is located within the Manor House circa 1929.  All renovations are complete; no expansion is planned. 

Article 5-702, Standards for All Category 7 Uses  

In addition to the general standards set forth in Section 006 above, all Category 7 special exception uses shall satisfy the following standards: 

1.   Category 7 uses shall be permitted only in those instances in which the continuation of the existing use is impossible or impractical and where the proposed use is not inconsistent with existing uses in the area. 

2.   Such uses shall be permitted only in structures existing prior to 1940.  No alteration to a residential structure or dependency containing an adaptive use shall alter the exterior appearance of the structure from that of a dwelling or normal residential accessory structure. 

3.   No off-street parking or loading space shall be located in any required side or rear yard that abuts a Residential District.   No more than three (3) parking spaces shall be located in any required front yard unless specifically provided for in granting the permit based on a finding that such parking will not adversely affect the character of the surrounding residential area. 

4.   All open off-street parking and loading areas that abut a Residential District shall be effectively screened. 

5.      All Category 7 uses shall either be located within an area designated as a service district, village or settlement, in the Comprehensive Plan or be located on a lot having direct access to a road designated as a major collector (or higher) in the Comprehensive Plan unless the Board of Supervisors find that the type and amount of traffic generated by the facility is such that it will not cause an undue impact on the neighbors or adversely affect safety of road usage.  

6.   No goods or items offered for sale shall be displayed or stored outdoors. 

7.      A thirty percent (30%) increase in square footage shall be permitted in accessory additions or structures which are on the same property to the principal structure which are compatible in size and appearance. 

The proposal meets all the requirements outlined in this section of the Zoning Ordinance.  In addressing standard #5 above, the Board of Supervisors first approved the Special Exception for the restaurant as an Adaptive Use in 1990 finding that the type and amount of traffic would not cause an undue impact on neighbors or adversely affect safety of road usage.  No additions or expansions are planned to the restaurant. 

Article 5-901, Standards for All Category 9 Uses 

1.      No off-street parking or loading space shall be located within fifty (50) feet of any adjoining property which is in a Residential District. 

Comment noted, and will be enforced at time of site plan. 

Article 5-906, Additional Standards for Camps and Recreation Grounds, Lodges and Resorts 

1.    The minimum lot size requirement shall be twenty (20) acres. 

2.    No structure or campsite or athletic facility shall be located closer than 100 feet to any lot line. 

3.    No permit shall be issued for such a use until the applicant has furnished evidence that the proposed development meets all applicable State and local health requirements. 

4.       All parking and loading areas, swimming pools and tennis courts shall be effectively screened. 

The parcel meets the minimum lot size requirement.  Locations of structures, athletic facility, parking/loading areas, swimming pools and tennis courts will be evaluated at time of site plan; however, conditions of approval have been included enforcing these standards. 

Article 5-2001, Additional Submission Requirements (for Category 20 Uses) 

1.    Four (4) copies of a map showing the utility system of which the proposed use will be an integral part, together with a written statement outlining the functional relationship of the proposed use to the utility system.

2.      Four (4) copies of a statement, prepared by a certified engineer, giving the basic reasons for selecting the particular site as the location for the proposed facility and certifying that the proposed use will meet the performance standards of the district in which located. 

These standards do not apply to Poplar Springs’ proposal; the treatment plant will not be part of a larger utility system.  The system will require formal plans by a Professional Engineer (in consultation with an AOSE) and must be approved by the Virginia Department of Health.  

Article 5-2002, Standards for All Category 20 Uses 

1.   Category 20 special permit and special exception uses shall not be required to comply with the lot size requirements or the bulk regulations set forth for the zoning district in which located in Part 4 of Article 3.  However, such requirements may be established in the conditions under which such a special permit or special exception is granted. 

2.   No land or building in any district other than the Industrial Districts shall be used for the storage of materials or equipment, or for the repair or servicing of vehicles or equipment or for the parking of vehicles, except those needed by employees connected with the operation of the immediate facility. 

3.   In all zoning districts, other than the I-2 District, all equipment, machinery and facilities not located within an enclosed building shall be effectively screened. 

4.   If the proposed location of a Category 20 use is in a Residential  District there shall be a finding that there is no more suitable site available for such use in a Commercial or Industrial District, except that in the case of electric transformer stations and telephone and telegraph exchanges or dial centers, there shall be a finding that there is no alternative site available in a Commercial or Industrial District within distance of one mile, unless there is a substantial showing that it is impractical for satisfactory service to be rendered from an available location in such Commercial or Industrial District. 

5.   A special exception for a private individual sewage treatment system which discharges into an open ditch or water, shall be allowed only to replace an existing sewage system which is presently serving an existing use.  That existing sewage system must have failed and have been certified by the Virginia Department of Health to pose a real or potential health threat and a discharging sewage treatment system is the only alternative for the repair.  In approving such a system the Board may establish conditions including but not limited to use, maintenance, and testing. 

6.   Notwithstanding 5-2002.5, above, a private individual sewage treatment system which discharges into an open ditch or water may be approved in the RA/Rural Agriculture zoning district for a farm supply establishment where the standards listed below are met: 

a.   The system is operated under the control of a Class III, or higher, wastewater operator which holds a current permit licensed in the State of Virginia. 

b.      The system processes less than 1,000 gallons per day. 

c.       The Board finds such system to be the only viable option for the particular site. 

d.      In approving such a system, the Board may establish conditions including but not limited to use, maintenance, testing and reporting. 

e.       The system has a permanent maintenance and monitoring agreement from a state licensed laboratory, company, or business to do maintenance and monitoring in the state and county.  

The majority of the Special Exception standards do not apply to Poplar Springs’ proposal.  The future sewage treatment system will not be a discharge system.  The applicant has provided a statement indicating there is no alternative site available in a Commercial or Industrial District within distance of one mile as required by the Zoning Ordinance. 

Site Suitability/Environment:  

A portion of the site is located within the 100-year FEMA floodplain as shown with the cross-hatching below.  A Condition of Approval has been included requiring Special Exception approval if any fill in the floodplain occurs.  A condition has also been added stating there shall be no disturbance within one hundred (100) feet of the floodplain. 

 Staff and Review Agency Comments:   

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  Findings, comments, and recommendations are summarized below.  Following each comment is a staff note in italics stating how the comment has been addressed: 

Engineering 

Condition of Approval (Category 9 – Golf Course)

·         Due to substantial inputs of fertilizers and water to maintain turf systems, runoff from the golf course shall be treated with Best Management Practices (BMP) to minimize the high potential of nutrient runoff into downstream receiving channels. 

This has been included as a Condition of Approval. 

Future Action / Findings (Category 7, 9 and 20)

·         No fill is permitted within the FEMA regulated floodplain without a special exception approval in accordance with the Fauquier County Zoning Ordinance.

·         Each phase of the site plan will be required to meet the State and local BMP/stormwater management design criteria.  A stormwater management plan prepared by a professional in adherence to all minimum standards and requirements pertaining to the practice shall be required with the site plan. (Fauquier County Design Standards Manual (FCDSM) 203.2 #2 and A204.2.2)

·         Where hydric soils have been identified by the soil report within the project site, a jurisdictional determination by the US Army Corps of Engineers will be required with the site plan.  The applicant shall assure that all applicable environmental permits have been acquired for the project prior to approval of the final plan. (FCDSM 201.8 #4)

·         All receiving channels shall be checked for adequacy in accordance with the Virginia Erosion and Sediment Control Handbook Minimum Standard #19.  All culverts are to be designed to convey the 10-year storm event. (FCDSM 201.8 #3)  

All of these have been included as Conditions of Approval as related to the site plan. 

Zoning 

Special Exception Category 9:

·         Staff would note that Section 5-906.2 states that no structure or campsite or athletic facility shall be located closer than 100 feet to any lot line. The plan submitted does not comply with this requirement. Zoning office recommends the plan be corrected to show compliance before the Special Exceptions are approved in order to avoid unnecessary confusion. 

A  Condition of Approval has been included stating no structure or campsite or athletic facility shall be located closer than 100 feet to any lot line. 

Special Exception Category 20:

1.      Per Zoning Ordinance Section 7-502.3, the applied for system is not considered a public or private central sewer system because, for purposes of Section 7-502.3 only, the term “sewer system” is defined as any sewage disposal system serving two or more lots or dwelling units. This proposal does not fit either of those two scenarios.  

2.      Elsewhere in the Zoning Ordinance, the proposal is considered a Sewage Treatment Facility since it digests and/or treats more than 1,200 gallons per day of sewage (Zoning Ordinance Article 15 – Definition of “Sewage Treatment Facility). The use is subject to Special Exception approval per Zoning Ordinance Section 3-320.7. 

Zoning Comments noted; the applicant has applied for the appropriate Special Exception category as outlined by the Zoning Ordinance. 

Zoning Staff defers to Planning Staff the assessment of standard compliance. 

The Planning staff’s assessment of standard compliance is provided in this Staff Report. 

Soils 

Code Compliance:

·         Applicant shall provide a statement from Fauquier County Office of the Virginia Department of Health indicating that septic drainfields are suitable for the proposed use (Zoning Ordinance 5-011). 

The applicant has met with the County’s Soil Scientist, Planning Staff and the Virginia Department of Health to discuss the proposal.  Over eighty drainfield sites have been identified on the property.  The Soil Scientist has prepared a map showing the location of the drainfield sites. 

Findings:

It appears that there may not be adequate area for septic drainfields to support the proposed expansion to the facility.  A total of 85 separate drainfield sites were identified by Frazier Consultants in the original special exception and site plan, with 9 of the sites currently in use. However, a number of sites are no longer useable or have been impacted by existing structures and roads. It appears that drainfield 134 has been covered by the existing tennis court.  Drainfield 133 may also have been impacted by the construction of the tennis court.  Drainfields 100, 112, 126, and 129 appear to have been impacted by existing road construction and/or grading.  The proposed roads and buildings on the concept site plan would impact or destroy approximately 11 drainfields, including 2 drainfields (120 and 127) that are in current use.  Drainfields 108, 136, 137, 138, 139, 140, 144, 160, and 161 appear to be impacted by proposed buildings.  The proposed tennis courts impact 3 drainfields (104, 107 and 110).  The proposed pitching fairways and putting greens impact 6 drainfields (100, 149, 157, 158, 158 and 159).  The proposed vineyards could impact drainfields 146 and 148 since the plan calls for a shallow installation (12 inches) of the subsurface absorption field.  

The increase from 28 rooms to 135 rooms at the Inn will require approximately 5 times as much drainfield area as is currently in use for the Inn.  The special exception application does not address if laundry will be done in the maintenance building, as was proposed in the original Special Exception and site plan.  The addition of laundry will also greatly increase the amount of drainfield area required.  The conference center and the spa could potentially require large areas for drainfields. The special exception application also does not address handling of any sewage that might be produced at the winery or the greenhouse. 

Given the amount of septic drainfield area that could potentially be impacted and the potential for a large increase in sewage produced by the proposed expansion, it appears that it would be difficult for the plan to meet the installation requirements for the septic system plus the 200 percent reserve required by county ordinance. 

The applicant has met with the County’s Soil Scientist, Planning Staff and the Virginia Department of Health to discuss the proposal.  A condition has been agreed upon with the Health Department, County Soil Scientist and the applicant that if an existing drainfield area is impacted, a new drainfield will have to be installed if required for buildout.   

Health Department 

The existing system was permitted with the following conditions which are not currently being met:   

  • The Health Department must be provided with a copy of the Operation & Maintenance Manual from the designing Professional Engineer.  The manual must include a sludge management plan and the operational requirements necessary to meet the wastewater monitoring criteria.
  • The system must be maintained under contract by a qualified Maintenance & Monitoring service provider.  The contract must be valid for at least 2 years at which time it will be renewed if monitoring reports are satisfactory.

The applicant should contact our office so compliance can be achieved for the existing system before consideration is given to further expansion. 

The applicant has satisfied these regulations.  

·         Any plans for the construction of additional guest rooms or food service facilities should be submitted to the Health Department for plan review prior to the start of construction.

  • Any expansion of the facilities at Poplar Springs which would result in increased wastewater flows will require formal plans by a Professional Engineer (in consultation with an AOSE).  The current system design estimates a flow of 8,210 gallons per day utilizing a 10,000 gallon per day treatment unit.  The Health Department has no records of the actual system flow. 

·      Any construction on the property must maintain setbacks from all existing drainfield and reserve areas (200% reserve required). 

The above three bullet points have been included as Conditions of Approval. 

Virginia Department of Transportation (VDOT ) 

  1. We have reviewed the revised traffic information dated June 13, 2008, and we concur with the analysis of their percentage of traffic increase over the current traffic being generated by the facility.  The 11.4% weekly increase and 25.2% daily increase are based on increase to current traffic being generated by the facility, and not an increase over the use which they have already been approved. 
  1. At some point in time, their entrance is going to need to be upgraded to accommodate the additional traffic.  As it will be difficult to determine at exactly what point the improvements will need to be made without a time frame that the facility will be upgraded, the entrance will need to be evaluated with each site plan and information provided on the amount of traffic to the facility.

A condition has been added requiring the entrance to be evaluated with each site plan and information provided on the amount of traffic to the facility so VDOT can evaluate when the entrance will need to be upgraded.  The applicant is aware of this future requirement. 

Parks and Recreation

There appears to be no effect on the recreational needs of the county, therefore the department has no substantial comment at this time. 

Comment noted. 

John Marshall Soil and Water Conservation District (JMSWCD) 

JMSWCD has reviewed the special exception requests submitted for the property stated above.  The proposed changes will likely disturb 10,000 square feet of land and therefore this project will require an E&S plan at time of site plan.  Without knowing more about the proposed construction, JMSWCD has no more recommendations or comments at this time.    

An Erosion and Sediment control plan is required at time of site plan. 

Planning Commission Action: 

On July 31, 2008, the Planning Commission voted unanimously to recommend approval of the Special Exception request subject to the following conditions: 

  1. This permit is specifically granted for the property as a whole and shall supersede the previously granted special exception permits issued on September 7, 1999.  These superseded Special Exception approvals include Section 3-309.5 (Outdoor Recreation – Camps, Recreation Grounds, Lodges and Resorts), 3-307.1 (Adaptive Use – Restaurant) and 3-320.7 (Sewage treatment system, disposal and water purification).
     
  1. Under this special exception, events for the resort shall be limited to the following:  arts and crafts shows; family reunions; wedding ceremonies and receptions and similar receptions; picnics, barbecues, and other similar activities such as corporate retreats; education seminars; and community-related arts, cultural, and educational activities.
     
  1. There shall be no more than one hundred thirty-five (135) suites in a total of 10-15 separate buildings as generally shown on the Conceptual Site Plan dated March 7, 2008, prepared by BDA Architects.
     
  1. The main dining room in the existing Manor House seating capacity shall not exceed one hundred (100) seats and the private dining room seating capacity will not exceed fifty (50) seats.
     
  1. Structures on the site shall be limited to those existing and those proposed on the Conceptual Site Plan dated March 7, 2008, prepared by BDA Architects including a total of 135 suites, 6 tennis courts, spa building 12,500 square feet, outdoor pool expansion, 4 hole pitch practice golf facility, and 300 square foot greenhouse.  The recreational facilities associated with the resort shall be predominately for the use of individuals staying at the resort.
     
  2. Proper setbacks shall be maintained from all existing drainfield areas and septic components currently in use.  If development is proposed which will impact any reserve area or other certified site for future expansion, new drainfield sites are required to be identified and approved.  Any expansion of facilities on the property which will result in increased wastewater flows shall require design by a Professional Engineer and be subject to Health Department approval. 
     
  3. The applicant shall maintain at all times occupancy permits for all dwellings and guest units, Health Department approval and proof that State fire codes are met.
     
  1. To minimize adverse impacts on the surrounding rural Village of Casanova and adjacent rural roadways, the applicant shall offer patrons/clients either van or limousine service to the facility and take other measures to minimize the number of auto trips to the site.
     
  1. Amplified sound shall not exceed 60 decibels at the lot line.
     
  1. Due to substantial inputs of fertilizers and water to maintain turf systems, runoff from the golf course shall be treated with Best Management Practices (BMP) to minimize the high potential of nutrient runoff into downstream receiving channels.
     
  1. No fill shall be permitted within the FEMA regulated floodplain without a special exception approval in accordance with the Fauquier County Zoning Ordinance.
     
  1. Each phase of the site plan shall be required to meet the State and local BMP/stormwater management design criteria.  A stormwater management plan prepared by a professional in adherence to all minimum standards and requirements pertaining to the practice shall be required with first submission of the site plan. (Fauquier County Design Standards Manual (FCDSM) 203.2 #2 and A204.2.2)
     
  1. Where hydric soils have been identified by the soil report within the project site, a jurisdictional determination by the US Army Corps of Engineers shall be required prior to site plan approval.  The applicant shall assure that all applicable environmental permits have been acquired for the project prior to approval of the final plan. (FCDSM 201.8 #4)
     
  1. All receiving channels shall be checked for adequacy in accordance with the Virginia Erosion and Sediment Control Handbook Minimum Standard #19.  All culverts shall be designed to convey the 10-year storm event. (FCDSM 201.8 #3)
     
  2. No structure associated with the resort or any athletic facility shall be located closer than 100 feet to any lot line.
     
  3. Any expansion of the resort or related activities shall be prohibited in the Village Zoning District.
     
  1. The Poplar Springs Inn shall employ sufficient persons to facilitate the parking of vehicles, to keep track of the number of attendees, and to control those in attendance.
     
  1. All on-site parking, entrances, and physical improvements shall comply with the County’s site plan regulations.  Entrances shall comply with VDOT requirements.
     
  2. All lighting shall comply with the County’s lighting ordinance.
     
  3. All future tennis courts shall be constructed with a permeable surface. 
     
  4. There shall be no construction within thirty-five (35) feet of the floodplain, and no trees shall be removed within one hundred (100) feet of the floodplain. 
     
  5. The existing sewage treatment facility shall be brought into compliance before any new construction permits can be issued for the site.  Compliance constitutes six months of consecutive monitoring reports deemed acceptable by the Virginia Department of Health.
     
  6. Following the requirement in condition #22 above, if any future quarterly monitoring reports for either the existing or new facility are deemed unacceptable by the Virginia Department of Health, monitoring shall occur on a monthly basis until compliance is shown in accord with the Virgina Department of Health for six consecutive months. 
     
  7. The existing entrance shall be evaluated with each site plan, and information shall be submitted with each site plan showing the amount of traffic to the facility.  The entrance shall be upgraded to accommodate additional traffic when warranted by VDOT. 

    The conditions in red were added at the Planning Commission’s July 31, 2008, meeting.  Following a meeting with the Cedar Run Supervisor, applicant, and staff, the conditions as found in the attached resolution have been revised as follows:   

    • The language in red has been removed from the proposed resolution.  First, the Cedar Run Supervisor felt the statement that “recreational facilities associated with the resort shall be predominately for the use of individuals staying at the resort” was unreasonable.  There are times when the applicant may wish to have guests to his establishment even if they were not staying at the resort.
       
    • Second, because effluent characteristics of a sewage treatment plant can be affected by changes in influent strength, fluctuations in influent volume, and changes in chemical composition of the influent, such as additions of cleaning solutions or other products that can affect the bacteriological populations in the sewage treatment plant, six consecutive months of testing puts a burden on the applicant.  The applicant is required to test on a quarterly basis and work with the Health Department if any of the results get out of line.  In addition, the existing sewage treatment facility shall be in compliance with Virginia Department of Health Regulations and the applicant shall provide such a statement to the Department of Community Development before any building permits can be issued for the site.
       
    • Finally, upon further research, the applicant requested that not all of the six future tennis courts be required to be constructed with a permeable surface.  The applicant is in agreement to do no less than two of the future courts with a permeable surface; however, he would like the flexibility to possibly use clay, concrete, carpet, Rebound Ace, or something similar based on the needs of his patrons.

     

Requested Action of the Board of Supervisors: 

Conduct a public hearing and consider adoption of the attached resolution.

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

Commissioner of Revenue
Department of Economic Development

 

Attachments:

1.                  Statement of Justification

2.                  Conceptual Site Plan dated March 7, 2008 prepared by BDA Architects

3.                  Poplar Springs Inn & Spa Traffic Analysis dated April 15, 2008

4.                  Letter prepared by BDA Architects dated June 12, 2008 addressing site layout

5.                  Sewage Disposal System Construction Permit from Health Department for existing system

6.                  Mass Drainfield Analysis of site prepared by P. M. Brooks Associates

7.                  Emery & Garrett Groundwater, Inc. cover letter dated April 10, 2001 indicating copious amounts of water on site (full report can be provided if requested)

8.                  Comment response letter to VDOT dated June 13, 2008

9.                  Alternative Sewage System Inspection Report dated June 20, 2008

 

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