ORDINANCE 

An Ordinance Approving Amendment to Section 3-306.7 of the Fauquier County Zoning Ordinance, to Delete Continuing Care Facilities as a Special Exception Use in the Village Zoning District and Add the Use to the Residential-2, Residential-3, Residential-4 Townhouse and Garden Apartment Zoning Districts, Amend Section 5-606 (Additional Standards for Continuing Care Facilities), and Amend Section 4-706 to Add Continuing Care Facilities as Special Exception Uses in the Planned Development Mixed Use Zoning District 

WHEREAS, the Fauquier County Zoning Ordinance allows continuing care facilities as special exception uses in specified Zoning Districts; and

WHEREAS, these amendments would delete continuing care facilities as a special exception use in the Village Zoning District while adding the use to the Residential-2, Residential-3, Residential-4, Townhouse and Garden Apartment Zoning Districts; and

WHEREAS, the amendment package also would add continuing care facilities as a special exception use to the Planned Development Mixed Use Zoning District; and

WHEREAS, the amendment package also would amend the Additional Standards for Continuing Care Facilities to require location within a Service District boundary where public water and sewer utilities are available; and

WHEREAS, the amendments would delete the minimum parcel size of 100 acres to provide the Fauquier County Board of Supervisors with the flexibility of determining the appropriate parcel size for each individual special exception application for this use; and

WHEREAS, each application for continuing care facilities would be subject to special exception approval by the Board of Supervisors following Planning Commission recommendation; and

WHEREAS, site plan approval would be mandatory prior to the issuance of any zoning or building permits; and

WHEREAS, on September 26, 2002, The Fauquier County Planning Commission held a public hearing; and

WHEREAS, the Planning Commission voted unanimously to forward a recommendation for approval; and

WHEREAS, on October 21, 2002, the Fauquier County Board of Supervisors held a public hearing; and

WHEREAS, the adoption of these text amendments would be in keeping with the spirit of the Zoning Ordinance and in the best interest of the citizens of Fauquier County; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 21st day of October 2002, That Section 3-306.7 of the Fauquier County Zoning Ordinance be amended to delete continuing care facilities as special exception uses in the Village Zoning District and add as a special exception use in the Village, Residential-1, Residential-2, Residential-3, Residential-4, Townhouse and Garden Apartment Zoning Districts; and, be it

ORDAINED FURTHER, That Section 5-606 (Additional Standards for Continuing Care Facilities) be amended; and, be it

ORDAINED FINALLY, That Section 4-706 of the Zoning Ordinance be amended to add continuing care facilities as a special exception use in the Planned Development Mixed Use Zoning District.  The sections shall be amended to read as follows:

3-306 (INSTITUTIONAL USES)

                                            Site plan       V    R-1    R-2   R-3   R-4  TH    GA

7.  Continuing Care Facility        X            SE    SE     SE     SE   SE    SE     SE

5-606                           Additional Standards for a Continuing Care Facility

1.      In the consideration of an application for such a use, the concentration of such facilities shall be taken into account to prevent clustering in certain neighborhoods, thereby creating an institutional setting and changing the area’s character and social structure.

2.      The location of such a use shall be restricted to parcels located within the boundaries of a Service District where public water and sewer is available.

3. No such use shall be established except on a lot fronting on, and having access to, a road designated as a major collector (or higher) in the Comprehensive Plan unless the Board of Supervisors finds 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. 

4. No such use shall be established in any area until the Fauquier County Emergency Coordinator has determined that adequate emergency medical service and fire protection is available in short response time.

5.      The location for such use should be convenient to shopping, social, educational and cultural uses.

6.      No such use shall be operated without approval and, where appropriate, licensing by such agencies as the Virginia Department of Social Services, the Virginia Department of Health, and other such appropriate local, state and federal agencies which may have authority in a particular case.

7. No structure used for or in conjunction with such use shall be located closer than 100 50 feet to any lot line in any Residential or Rural District.

8. All such uses shall be designed to accommodate service vehicles with access to the building at a side or rear entrance.

9.      Minimum parcel size is 100 acres.

9.  All off-street parking and loading areas shall be effectively screened in any Residential and Rural District.

10.  The proposed use including all structures, roads and landscaping shall be sited, designed and constructed in a manner, which minimizes the impact of the development on the neighborhood and the County.  The scale of the physical facilities shall be such that the appearance of the project will be visually harmonious and appropriate to the neighborhood and immediate area.

The use shall minimize adverse impact on floodplains, wetlands, steep slopes, and prime agriculture and forestal land.  In planning the development, the applicant shall consider prominent on-site geographic features such as outstanding trees and tree lines, stone walls, open fields within the public viewshed, ridgelines, hilltops and historic sites and shall preserve such existing features to the greatest extent possible.

 

PART 7            PLANNED DEVELOPMENT MIXED USE DISTRICT (PDMU)

4-706                             Special Exception Uses

Civic/Government Center (excluding detention facilities), Retail Sales Establishment and Shopping Center, 5,000 sq. ft. greater, but less than 75,000 sq. ft.

Museum

Conference Center

Spectator/Non-Spectator Field Events (Class C)

Continuing Care Facility