STAFF PERSON:                                                                                       Sean Dougherty

PLANNING COMMISSION:                                                                       March 21, 2006

BOARD OF SUPERVISORS:                                                                   April 5, 2006                                                                                                            

SP 2005-00032 Rosewood Village Assisted Living Facility


Applicant’s Proposal

Virginia Taboub, owner of the Rosewood Village assisted living facility on Greenbriar Drive, is proposing to build a second facility to provide long-term residential care for the elderly. The facility’s program is also designed to provide residential care for those suffering from Alzheimer’s and other forms of dementia.



PROJECT: SP 2005-00032 Rosewood Village Assisted Living at the Hollymead Town Center

PROPOSED: Request for a special use permit to allow for a 70,000 sq. ft. assisted living facility on 1.25 acres

ZONING CATEGORY/GENERAL USAGE: PD-MC Planned Development Mixed Commercial - large-scale commercial uses; and residential by special use permit (15 units/ acre); EC Entrance Corridor Overlay District

SECTION: 25A.2.2.1 which allows assisted living facilities by special use permit in PDMC

COMPREHENSIVE PLAN LAND USE/DENSITY:  Town Center: designates compact, higher density area containing a mixture of businesses, services, public facilities, residential areas and public spaces, attracting activities of all kinds.

LOCATION: Tax Map 32 Parcel 41 D.  The property is located approximately 1,500 feet from U.S. Route 29 along Timberwood Boulevard in the Hollymead Town Center.



Character of the Area

The subject property lies west of Route 29, along the southeast corner of the extension of Timberwood Boulevard and Gathering Place. These roads are not yet completed. See Attachment A for the Location Map and Attachment B for the Application Plan. The area has been cleared, graded, and prepared for development.


Applicant’s Justification for the Request:   

The applicant has said that the Comprehensive Plan designates this area as Town Center and the guidelines associated with the Town Center designation at Hollymead allows this form of development. Additionally, the proposal increases the mixture of housing types at the Town Center.


Planning and Zoning History:  

The property was zoned Rural Areas prior to ZMA 2001-00020 which changed the zoning to Planned Development Mixed Commercial. The rezoning to PDMC was accompanied by a proffered Code of Development.


Comprehensive Plan:

The Land Use Plan designates this area as Town Center. The Town Center designation at Hollymead is accompanied by in the Land Use Plan with “Conceptual Masterplan and Design Guidelines for the Hollymead Town Center”. The proposal is in keeping with the Town Center designation and the Hollymead Town Center Guidelines. Because the Hollymead Town Center rezoning to PD-MC assessed conformity with the Neighborhood Model, this SP analysis need not make that assessment in detail. The Hollymead Town Center generally conforms to the principles of neighborhood friendly streets and paths, interconnected streets and transportation networks, and an internal pedestrian orientation. In terms of parks and open space, the Hollymead Town Center includes a greenway trail along Powell Creek, pocket parks, and other public outdoor spaces. The proffered Code of Development ensures buildings and spaces of human scale.




Staff will address each provision of Section of the Zoning Ordinance below:


The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder.  Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property,


The facility will house elderly residents. Staff can identify no detriment that this facility would have on adjacent property. In addition, the residents are assumed to be retired and not contributing to morning or evening peak commute times. Their transportation needs will be provided by the Rosewood Village management, JABA, or friends and relatives. Other traffic associated with the facility will be generated by employees and visitors.


that the character of the district will not be changed thereby,


The proposal is in keeping with the form of development anticipated with the Comprehensive Plan Amendment that placed the Town Center designation on the area. The proposal is in keeping with the Town Center Design Guidelines.


and that such use will be in harmony with the purpose and intent of this ordinance,


Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and identified no conflict that would arise as a result of its approval.


with the uses permitted by right in the district,


Section 25A of the Zoning Ordinance, entitled Planned Development – Mixed Commercial, allows the same by-right uses as well as those that are permitted by special use permits in the C-1 (Commercial), CO (Commercial Office), and HC (Highway Commercial) zoning districts. Assisted living facilities are permitted by special use permit in C-1, CO, and HC districts. A proffered Code of Development was submitted with the request to rezone this property to PDMC (ZMA 2001-00020). This Code of Development set maximum non-residential parameters in each block and allowed for certain uses to be allowed by Special Use Permit. Within this block, the Code of Development allows assisted living facilities by special use permit. The traffic generation impacts from this use were prepared to determine the impacts of this use on the road system established within the block. It has been determined that this use will not generate impacts in excess of that which is permitted in this block based on the traffic study prepared for the Town Center. The proposed use is compatible with the other permitted uses in this district.


 with additional regulations provided in Section 5.0 of this ordinance,




a. Such uses shall be provided in locations where the physical surroundings are compatible to the particular area;


Staff considers the physical surroundings compatible. The application plan offers outdoor areas on site and the Town Center includes neighborhood friendly streets, pocket parks, more formalized urban public spaces, and a greenway trail along Powell Creek. The neighboring uses allowed by the Code of Development or that are currently being proposed include residential, retail, and office. Staff does not see a conflict. Additionally, the availability of these amenities may allow for the residents to lead more active lifestyles than if the facility was located in a remote setting.


b. No such use shall be established in any area either by right or by special use permit until the Albemarle County fire official has determined that adequate fire protection is available to such use;


The pressure water available within the Town Center is 3,675 gallons per minute at 20 psi residual. This system was designed to serve the many uses in the Town Center and is more than adequate to serve this use.


c. Generally such uses should be located in proximity to or in short response time to emergency

medical and fire protection facilities. Uses for the elderly and handicapped should be

convenient to shopping, social, education and cultural uses;


The fire station at the North Fork Research Park is scheduled to be completed in summer 2007. This station will be within a half mile of this assisted living facility. Existing fire and rescue facilities include the Berkmar Drive fire station and the Seminole Trail and the Earlysville Fire station. These facilities are connected to the site by Earlysville Road and Route 29 respectively.


d. No such use shall be operated without approval and, where appropriate, licensing by such

agencies as the Virginia Department of Welfare, the Virginia Department of Health, and other

such appropriate local, state and federal agencies as may have authority in a particular case.


The applicant has submitted documentation regarding their intent with respect to the regulatory requirements for nursing homes. Compliance with the respective agencies governing the management of such facilities is a condition of the special use permit.


and with the public health, safety and general welfare.  


To protect the public health, safety, and general welfare, public roads associated with Area C proffers need to be constructed before a certificate of occupancy can be issued for the assisted living facility. To date, the roads are not complete, however this can be addressed through conditions. Condition four has been crafted to address this concern. Recommended condition four refers to the proffer for Hollymead Town Center Area C that requires the completion of Access Road C (now referred to as Meeting Street) from its alignment in Area A to Timberwood Boulevard prior to a certificate of occupancy being issued for Area C.





The introduction of an assisted living facility in this portion of Area C is permitted by special use permit in the Code of Development proffered with the Area C of the Hollymead Town Center rezoning. Additionally, this use adds uses in keeping with residential development to the Town Center without the impacts of conventional residential development. Convenient access to the Town Center and its amenities will provide convenient access to services and many opportunities for active living and recreation for residents and their visitors.


Factors Favorable to this request


Factors Unfavorable to this Request




 Staff opinion is that this special use permit is consistent with Sections 5.1.13 and of the Zoning Ordinance, the area’s Comprehensive Plan Designation, The Hollymead Design Guidelines, and the Neighborhood Model. Therefore, staff recommends approval, subject to the following conditions:


1.      Maximum usage is limited to ninety-six residents (96) residents in the facility


2.      No part of the assisted living facility site may be utilized for any activities other than those directly related to the adult care residence.


3.      The special use permit authorizes only an adult care residence which provides an assisted living level of service, as defined by 22VAC40-71 as provided under the Virginia Administrative Code.


4.      The site plan associated with Rosewood Village will not be signed until proffer 2.F. for Area C (ZMA 2001-999) is met.




A. Location Map / Town Center Development Plan

B. Application Plan
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