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					HANOVER COUNTY PLANNING DEPARTMENT

July 17, 2009

Shown below is a preliminary summary of actions that were taken by the Hanover County
Planning Commission July 16, 2009. Detailed minutes in draft form will be presented to the
Planning Commission for approval at a future date.

HANOVER COUNTY PLANNING COMMISSION
Mrs. Elizabeth W. Moorhouse, Chairman, Henry Magisterial District
Mr. Steven P. Trivett, Vice-Chairman, Ashland Magisterial District
Mrs. Janet S. Binns, South Anna Magisterial District
Mrs. Edmonia P. Iverson, Beaverdam Magisterial District
Mr. T. Wade King, Mechanicsville Magisterial District
Mr. Joseph D. O’Connor, Cold Harbor Magisterial District
Mr. C. Harold Padgett, Jr., Chickahominy Magisterial District

Michael E. Crescenzo, Planning Department Director
David P. Maloney, Planning Department Deputy Director
John A. Bender, Planning Department Deputy Director
J. Keith Thompson, Planning Department Principal Planner
Lee W. Garman, Planning Department Principal Planner
Mr. Dennis A. Walter, Sr. Assistant County Attorney

Meeting called to Order

Mrs. Moorhouse, the Chairman, called the meeting to Order at 7:00 P.M. All Commission
members were present, except Mrs. Iverson who was absent for the Administrative Session.


Approval of Minutes
Upon a motion by Mrs. Binns, seconded by Mr. Trivett, the Planning Commission voted
unanimously to approve the draft minutes of June 18, 2009, meeting.

ADMINISTRATIVE CASES
Conditional Subdivision Approval

BELL CREEK PARK (Henry Magisterial District) (COMMISSION ACTION)

Mr. Crescenzo advised that the requested amendment involves the creation of a new fifty (50)
foot public road – Autumn Park Way. Staff recommended approval subject to conditions.

Upon a motion by Mrs. Moorhouse, seconded by Mrs. Binns, the Planning Commission voted
UNANIMOUSLY TO APPROVE THE AMENDED CONDITIONAL PLAT FOR BELL
CREEK PARK WITH THE STANDARD TITLE II CONDITIONS AND THE SPECIFIC
CONDITIONS AS OUTLINED IN THE STAFF REPORT.
Minor Site Plan Amendment

SPR-20-79, AM. 6-08, DOSWELL WASTEWATER TREATMENT PLANT (Beaverdam
Magisterial District) (COMMISSION ACTION)

Mr. Crescenzo advised that the County intends to install a new generator to replace an old
existing generator, which is currently located in one of the accessory buildings, to the outside of
the building.

Upon a motion by Mr. O’Connor, seconded by Mr. Padgett, the Planning Commission voted
UNANIMOUSLY TO APPROVE THE MINOR SITE PLAN AMENDMENT FOR THE
DOSWELL WASTEWATER TREATMENT PLANT SUBJCT TO THE CONDITIONS
AS OUTLINED IN THE STAFF REPORT.

Proffered Elevation Review
SPR-13-89, AM. 8-09, FAIRMOUNT CHRISTIAN CHURCH (Cold Harbor Magisterial
District) (COMMISSION ACTION).

Mr. Crescenzo advised that the Church would like to add a 3,453 square foot addition to the rear
of the existing Church building for a Senior Center. Staff recommended approval.

Mr. O’Connor commended the Church for their “phenomenal work.” He stated that the
stewardship of the Church has this community continuing to grow and expand.

Upon a motion by Mr. O’Connor, seconded by Mr. King, the Planning Commission voted
UNANIMOUSLY TO APPROVE THE MINOR PROFFERED ELEVATION REVIEW
FOR FAIRMOUNT CHRISTIAN CHURCH WITH THE CONDITIONS AS OUTLINED
IN THE STAFF REPORT.

Proffered Elevation Review

VILLAGE AT PEBBLE LAKE TOWNHOUSES AND CLUBHOUSE (Mechanicsville
Magisterial District) (COMMISSION ACTION)

Mrs. Mary Pennock, Principal Planner, presented this request to revise the proffered building
elevations for the townhouses and clubhouse. She gave a summary of differences between what
was originally approved by the Planning Commission and what the new developers are
proposing for both the townhouses and the clubhouse. The new developer added a breezeway,
an additional storage closet and room for a sauna.

Mrs. Binns felt that the original proffered elevations were nicer and classier looking, but she felt
that the covered walkway out to the pool and a sauna would be a good addition.

Mr. King advised that this has been a very challenging case because he understood why the
applicants wished to make some changes; however, he thought the original elevations were much
nicer looking and would blend in better with the rest of the buildings. He did like the idea of the
breezeway with the additional equipment storage closet and room for the sauna.

Upon a motion by Mr. King, seconded by Mr. O’Connor, the Planning Commission voted
UNANIMOUSLY TO DENY THE REQUEST FOR THE PROFFERED ELEVATION
REVIEW AS SUBMITTED FOR THE VILLAGE AT PEBBLE LAKE, TOWNHOUSES
AND CLUBHOUSE, WITH THE EXCEPTION THAT IT IS APPROPRIATE FOR THE
CHANGE TO BE MADE TO ADD A BREEZEWAY WITH A SAUNA AREA AND
STORAGE CLOSET.

Miscellaneous

Mrs. Moorhouse advised that she had received a newsletter regarding the progress being made
with Rural Plains by the Park Commission. There is another open house sometime in September
and she encouraged everyone to go. She said Rural Plains is “the Henry District’s jewel.”

The Planning Commission recessed at 5:55 P.M.

Meeting Reconvened

Madam Chairman called the meeting back to order at 7:00 P.M. All Commission members
were present.

CITIZENS’ TIME

Mrs. Moorhouse asked if anyone wished to speak.

Mr. O’Connor advised that it is normally the purview that falls on the Board of Supervisors to
recognize County Departments; however, during the Tomato Festival there was a horrific
accident and he said a number of people had talked to him about this and they had expressed
what an incredible job the County’s EMS, Fire and Rescue and Sheriff’s Departments had done
and also what the volunteers had done to make such a horrific situation the best it could be. He
said we are very lucky to have those folks serving our County in those capacities.

Mrs. Moorhouse echoed Mr. O’Connor’s remarks and added that the County has very well
qualified folks that work for the EMS, Fire and Rescue, and Sheriff’s Departments.

Mr. King reported as the Commission’s representative to the Roads Committee there has been
some very good work done by the Mike Flagg, and Joe Vidunas in the Public Works Department
with picking up loose ends here and there and putting them together to do something with the
County’s roads with such a very financially stressed system. He was very impressed with the
presentation they made at the Monday night meeting.

PUBLIC HEARINGS

Madam Chairman read the Commissions’ Rules of Order.
REQUESTS FOR DEFERRAL

C-17-08(c), NORTHLAKE LAND INVESTMENTS, LLC. ET AL, Requests to rezone with
conditions from A-1, Agricultural District, B-3, General Business District, and M-2, Light
Industrial District to R-4, Residential Cluster Development District, B-3, General Business
District and M-2, Light Industrial District on GPINs 7778-87-1784, 7778-98-0528, 7778-98-
3037, 7788-09-4226, 7788-08-6338, 7788-08-6249, 7788-08-5794, 7778-87-2026, 7778-86-
7578, 7778-87-7199, 778-86-9697, 7778-86-6426 and 7778-86-4485, consisting of
approximately 132.45 acres, located on the west line of Washington Highway (U.S. Route 1)
approximately 200 feet south of its intersection with Johnson Road (State Route 779) in the
BEAVERDAM MAGISTERIAL DISTRICT. The subject property is designated on the
General Land Use Plan Map as Commercial, Industrial, Suburban General (2-4 units per acre)
and Suburban High (4-8 units per acre). The R-4, Residential Cluster Development District
section of the project will consist of 191 townhouse and single-family units for a gross density of
5.87 units per acre. (PUBLIC HEARING)

Mr. Crescenzo advised that the applicants had requested a deferral until the October meeting.

Upon a motion by Mrs. Iverson, seconded by Mrs. Binns, the Planning Commission voted
UNANIMOUSLY TO DEFER C-17-08(c), NORTHLAKE LAND INVESTMENTS, L.L.C.
ET AL, UNTIL THE OCTOBER 15, 2009 MEETING.


C-6-09(c), CAROL W. AND WALTER J. RAWLS, TRUSTEES, Request to rezone with
conditions from A-1, Agricultural District to AR-6, Agricultural Residential District on GPIN
8743-89-8052, consisting of approximately 90.6 acres, located on the north line of Rockhill Road
(State Route 619) approximately 1,950 feet west of its intersection with Market Road (State
Route 630) in the COLD HARBOR MAGISTERIAL DISTRICT. The subject property is
designated on the General Land Use Plan Map as Agricultural. The proposed zoning amendment
would permit the creation of fourteen (14) building lots for a gross density of one dwelling unit
per 6.47 acre. (PUBLIC HEARING)

Mr. Crescenzo advised that the applicants were requesting a sixty (60) day deferral, and during
that time the applicant plan to hold a community meeting and try to address the citizens’
concerns and to try and come forward with an RC development or either give justification for the
AR-6 request.

Upon a motion by Mr. O’Connor, seconded by Mr. King, the Planning Commission voted
UNANIMOUSLY TO DEFER C-6-09(c), CAROL W. AND WALTER J. RAWLS,
TRUSTEES UNTIL THE SEPTEMBER 17, 2009 MEETING.

EXPEDITED PUBLIC HEARINGS

Madam Chairman explained the procedure for the Expedited Hearings. Mr. Crescenzo read the
cases on the Expedited Agenda, and stated that staff wished to add CPA-09-02, Hanover County
Board of Supervisors to the Expedited Agenda.
Madam Chairman asked if there was anyone in the audience who came to speak on any of the
cases on the Expedited Agenda. No one spoke.

C-4-01(c), Am. 1-09, LEWISTOWN COMMERCE CENTER, L. L. C., Requests an
amendment to the proffered conditions accepted with rezoning case C-4-01(c) on GPIN 7788-56-
6638, consisting of approximately 7.288 acres, zoned B-3, General Business District, located in
the southwest quadrant of the intersection of Lewistown Road (State Route 802) and Lakeridge
Parkway (State Route 782) in the SOUTH ANNA MAGISTERIAL DISTRICT. The subject
property is designated on the General Land Use Plan Map as Destination Commerce. The
proposed rezoning would permit an additional entrance on Lewistown Road west of Lakeridge
Parkway. (PUBLIC HEARING)

Mr. Crescenzo advised that this request to amend the proffered conditions accepted with
rezoning case C-4-01(c) to change the location of an entrance, which is a right-in/right-out only
entrance. The Virginia Department of Transportation has reviewed the requested location
change and determined that the “weave” movement for this proposed location will not adversely
effect traffic movement. Staff recommended approval with minor changes to the proffer
language.

Mrs. Moorhouse asked if the applicants were in agreement with staff’s recommendations. The
applicant, from the audience, indicated yes, they were in agreement.

Upon a motion by Mrs. Binns, seconded by Mr. O’Connor, the Planning Commission voted
UNANIMOUSLY TO RECOMMEND DENIAL AS SUBMITTED BUT
RECOMMENDED APPROVAL OF C-4-01(c), AM. 1-09, LEWISTOWN COMMERCE
CENTER, L.L.C. WITH MINOR MODIFICATIONS TO THE PROFFERS AS
OUTLINED IN THE STAFF REPORT.

Mr. Crescenzo advised that the next three (3) cases have to do with amendments to proffer
language that has to do with family divisions of land. The Board of Supervisors reviews its
proffer policy annually. Typically, the only thing done is a recalculation, if necessary of the cash
proffer amount that is considered when there is discussion of potential impacts of potential
rezoning with the applicants. Several years ago the policy stated that there were no exceptions to
that provision of the Code and even family divisions were considered subject. There have been
different policies with regard to family divisions adopted over the last several years. One of
those changes was to limit the policy to exempt the creation of one lot when it was solely for
family. This year the Board of Supervisors has changed the policy to stipulate that an action for
zoning to create lots for family will allow one exempt lot to be created even if more than one will
be created from the zoning action as long as those lots are all for family members. Staff
reviewed the cases that the Board has approved over the last ten (10) years with the inception of
the cash proffer policy and found a couple of cases where mistakes were made based on the
application date and the change in the Board policy that occurred around that time. Staff
recommended approval of the following three (3) requests based on the change in this proffer
policy.
C-20-02(c), Am. 1-09, HANOVER BOARD OF SUPERVISORS AND J. BRYAN
ROBINSON, Request to amend the proffers approved with rezoning case C-20-02(c), J. Bryan
Robinson, on GPIN 7801-90-7092, consisting of approximately 5.65 acres, located on Taylor’s
Creek Road (State Route 610) approximately 900 feet west of its intersection with Bethany
Church Road (State Route 610) in the SOUTH ANNA MAGISTERIAL DISTRICT. The
property which is the subject of the requested amendment is designated on the General Land Use
Plan Map as Agricultural. The proposed amendment would eliminate the cash proffer in
accordance with Board of Supervisors policy. (PUBLIC HEARING)

Mrs. Moorhouse asked if the applicants were present and in agreement with the staff
recommendations. The applicants, from the audience, stated yes they were in agreement.

Upon a motion by Mrs. Binns, seconded by Mr. Padgett, the Planning Commission voted
UNANIMOUSLY TO RECOMMEND APPROVAL OF C-20-02(c), AM. 1-09, HANOVER
BOARD OF SUPERVISORS AND J. BRYAN ROBINSON SUBJECT TO THE
AMENDED PROFFERS AS OUTLINED IN THE STAFF REPORT.

C-6-07(c), Am. 1-09, HANOVER BOARD OF SUPERVISORS AND BETTY J.
GREGORY, Request to amend the proffers approved with rezoning case C-6-07(c), Betty J.
Gregory, on GPIN 8718-43-1512, consisting of approximately 9.6 acres, located on the south
side of Chestnut Church Road (State Route 750) approximately 2,600 feet east of its intersection
with Georgetown Road (State Route 651) in the HENRY MAGISTERIAL DISTRICT. The
subject property is designated on the General Land Use Plan Map as Agricultural. The proposed
proffer amendment would eliminate the cash proffer in accordance with Board of Supervisors
policy. (PUBLIC HEARING)

Mrs. Moorhouse asked if the applicant was present. She was not.

Upon a motion by Mrs. Moorhouse, seconded by Mr. O’Connor, the Planning Commission voted
UNANIMOUSLY TO RECOMMEND APPROVAL OF C-6-7(c), AM. 1-09, HANOVER
BOARD OF SUPERVISORS AND BETTY J. GREGORY SUBJECT TO THE
AMENDED PROFFERS AS OUTLINED IN THE STAFF REPORT.

C-4-08(c), Am. 1-09, HANOVER BOARD OF SUPERVISORS AND ESTHER W.
BROOKS, ET AL, Request to amend the proffers approved with rezoning case C-4-08(c),
Esther Brooks, on GPINs 8724-96-0804, 8724-96-3659, 8724-96-2829, and 8724-97-0190,
(formerly all part of GPIN 8724-96-0804), consisting of approximately 10.16 acres, located on
the south line of Walnut Grove Road (State Route 636) approximately 1,325 feet east of
Creighton Road (State Route 615) in the COLD HARBOR MAGISTERIAL DISTRICT. The
subject property is designated on the General Land Use Plan Map as Suburban General (2-4
dwelling units per acre). The proposed proffer amendment would eliminate the cash proffer for
one of the approved building lots in accordance with Board of Supervisors policy. (PUBLIC
HEARING)

Mrs. Moorhouse asked if the applicant was present and in agreement with the staff’s
recommendations. The applicant from the audience stated yes, she was in agreement.
Upon a motion by Mr. O’Connor, seconded by Mr. King, the Planning Commission voted
UNANIMOUSLY TO RECOMMEND APPROVAL OF C-4-08(c), AM. 1-09, HANOVER
BOARD OF SUPERVISORS AND ESTHER W. BROOKS, ET AL SUBJECT TO THE
AMENDED PROFFER AS OUTLINED IN THE STAFF REPORT.

C-5-09(c), KATHRYN D. ANDREWS, Requests to rezone with conditions from A-1,
Agricultural District to AR-6, Agricultural Residential District on GPIN 8746-57-7599,
consisting of approximately 14.43 acres, located on the north line of Spring Run Road (State
Route 628) at its intersection with Holly Bluffs Drive (Private Road) in the HENRY
MAGISTERIAL DISTRICT. The subject property is designated on the General Land Use Plan
Map as Agricultural. The proposed zoning amendment would permit the creation of one (1)
additional building lot for a gross density of one dwelling unit per 7.21 acres. (PUBLIC
HEARING)

Mr. Crescenzo briefly presented this request to rezone from A-1, to AR-6 in order to create one
(1) additional building lot for a third party sale. He reviewed the Conceptual Plan. The existing
dirt drive from Spring Run Road serving the residence of the 12.43 acre parcel will be
abandoned. Neither of the lots will have access from Holly bluffs Drive. Staff recommended
approval.

Mrs. Moorhouse stated that the applicant could not be present tonight due to illness.

Upon a motion by Mrs. Moorhouse, seconded by Mr. Trivett, the Planning Commission voted
UNANIMOUSLY TO RECOMMEND APPROVAL OF C-5-09(c), KATHRYN D.
ANDREWS SUBJECT TO THE SUBMITTED CONCEPTUAL PLAN AND PROFFERS
AS OUTLINED IN THE STAFF REPORT.

CUP-2-09, SHADY GROVE UNITED METHODIST CHURCH, Requests a Conditional Use
Permit in accordance with Title I, Article 5, Section 3A.5.14, of the Hanover County Zoning
Ordinance to bring an existing church and its accessory uses into conformity with the Zoning
Ordinance on GPINs 8705-74-9095, 8705-73-7988 and 8705-74-3172, consisting of
approximately 7.8 acres. The property is currently zoned R-1, Single Family Residential
District, and is located on the southwest quadrant of the intersection of Meadowbridge Road
(State Route 627) and Shady Grove Road (State Route 640) in the MECHANICSVILLE
MAGISTERIAL DISTRICT. The subject property is designated on the General Land Use Plan
Map as Suburban General (2-4 dwelling units per acre). (PUBLIC HEARING)

Mr. Crescenzo briefly presented the request for a Conditional Use Permit which would bring the
existing Church and its accessory uses into conformity. The Church is proposing to establish a
satellite branch of the Saint James The Less Free Clinic, Inc., which currently operates in
Ashland. Staff recommended approval.

Mrs. Moorhouse asked if the applicant or applicant’s representative was present and in
agreement with staff’s recommendations. The representative of the applicants, from the
audience, stated yes, they were in agreement.
Upon a motion by Mr. King, seconded by Mr. Trivett, Planning Commission voted
UNANIMOUSLY TO RECOMMEND APPROVAL OF CUP-2-09, SHADY GROVE
UNITED METHODIST CHURCH WITH CONDITIONS AS OUTLINED IN THE
STAFF REPORT.

C-38-04(c), AM. 1-09, CREEKSIDE VILLAGE DEVELOPMENT, L.L.C., Requests to
amend the proffers approved with rezoning case C-38-04(c), Creekside Village Development,
L.L.C., pertaining to various GPINs located within the Creekside Village Subdivision, consisting
of approximately 14.26 acres, located on the west line of Creighton Parkway (State Route
number pending) approximately 1,000 feet north of its intersection with Mechanicsville Turnpike
(U.S. Route 360) in the HENRY MAGISTERIAL DISTRICT. The subject property is
designated on the General Land Use Plan map as Suburban High (4-8 dwelling units per acre).
The proposed rezoning amendment would permit changes to the architectural elevations for all
townhouses to be constructed in the future. (PUBLIC HEARING).

Mr. Crescenzo briefly presented this request to amend the proffers approved with rezoning case
C-38-04(c), in order to modify the approved architectural elevations. This request is to amend
proffered elevations to allow a different style of homes in a project that currently has elevations
and has begun development. The situation here is the remaining undeveloped lots in the
townhouse community are being offered for sale to another builder. He proposed new builder
would like to change the elevations. He said there is a description of the proposed elevations
before the Commission.

Mrs. Moorhouse closed the Public Hearing.

Mrs. Moorhouse made a MOTION to APPROVE the request to amend the proffers.

Mr. Padgett SECONDED.

Mrs. Moorhouse advised that they had a community meeting and there are eleven (11) units that
have been sold and the consensus of the majority of the surrounding residents was that they
would rather see something being built than to have the property sit and not know what was
going to happen to it. She felt the proposed project had a good design, a good location and is
very easily walkable to the grocery store and health center, etc.

The Planning Commission voted UNANIMOUSLY TO RECOMMEND APPROVAL OF
THE AMENDED PROFFERS FOR C-38-04(c), AM. 1-09, CREEKSIDE VILLAGE
DEVELOPMENT, L.L.C. AS OUTLINED IN THE STAFF REPORT.

Comprehensive Plan Amendment

CPA-09-02, HANOVER COUNTY BOARD OF SUPERVISORS, A proposed amendment to
the Comprehensive Plan for Hanover County, Virginia, adopted March 28, 2007, pursuant to
Section 15.2-2204, 15.2-2223 through 15.2-2232, of the Code of Virginia, 1950, as amended.
The proposed amendment to the existing Comprehensive Plan consists of the following:
Section 10, Housing – Revise the text to change or eliminate the 75% reference used for
defining household earnings and the County’s medium income. (PUBLIC HEARING)

Mr. Crescenzo advised that the Board of Supervisors directed staff to look at Section 10, the
housing section of the Comprehensive Plan Amendment. The Board of Supervisors adopted the
2009 Workforce Housing Policy and directed staff to revise the pertinent language in the text to
eliminate the 75% reference used for defining household earnings and the County’s medium
income. Calculations for appropriate housing costs are to be evaluated each year similar to the
annual evaluation of the cash proffer policy. This year, to make the number more feasible, the
adopted policy bases the calculation on 80% of the medium household income. Staff
recommended approval.

Upon a motion by Mr. King, seconded by Mr. O’Connor, the Planning Commission voted
UNANIMOUSLY TO ADOPT THE DRAFT RESOLUTION AND RECOMMENDED
APPROVAL OF CPA-09-02, HANOVER COUNTY BOARD OF SUPERVISORS AS
OUTLINED IN THE STAFF REPORT.

INDIVIDUAL PUBLIC HEARINGS

ORDINANCE 09-22, REVISIONS TO SUBDIVISION BOND AND RECORDATION
REQUIREMENTS

AN ORDINANCE to amend the Hanover County Code, Appendix, Title II, Subdivision
Ordinance, Section 5-6 to provide that the surety required to be submitted with a subdivision
performance agreement shall include administrative costs in the amount of ten (10) percent, and
to amend the Hanover County Code, Appendix, Title II, Subdivision Ordinance, Section 6-9, to
provide that, where a subdivider records a final plat, the provisions of the preliminary plat for
the subdivision shall remain valid for a period of five (5) years from the date that the latest
section of the subdivision is recorded and, where a portion of the subdivision is conveyed to a
third party, the final plat shall remain valid for an indefinite period of time unless it is subject to
a vacation action, all to conform with the provisions of the Hanover County Subdivision
Ordinance with the provisions of the Code of Virginia. (PUBLIC HEARING)

Mr. Crescenzo presented this provision to the Subdivision Ordinance, the Section specifically
referring to requirements for bond and recordation of plats. Pursuant to recent State Subdivision
enabling statutes changes adopted in the last General Assembly session, the staff has drafted a
Subdivision Ordinance Amendment which caps administrative costs for financial surety
associated with performance agreements at 10% of the proposed construction costs. The current
Ordinance allows for 25% administrative costs. The Ordinance includes a provision that if the
developer records a final plat and any part of the property that has been subdivided is conveyed
to third parties (other than to the developer or local jurisdiction), the plat shall remain valid for
an indefinite period of time unless and until any portion of the property is vacated in accordance
with the provision of State Law. Staff recommended approval.

Mrs. Moorhouse opened the Public Hearing and asked if anyone wished to speak in favor of or in
opposition to the request. Seeing no one come forward, she closed the Public Hearing.
Upon a motion by Mr. O’Connor, seconded by Mr. King, the Planning Commission voted
UNANIMOUSLY TO RECOMMEND ADOPTION OF THE CHANGES TO
ORDINANCE 09-22, REVISIONS TO THE SUBDIVISION BOND AND
RECORDATION REQUIREMENTS AS OUTLINED IN THE STAFF REPORT.

ORDINANCE 09-23, ASSISTED LIVING FACILITIES AND CHILDREN’S
RESIDENTIAL FACILITIES

AN ORDINANCE, to amend the Hanover County Code, Appendix, Title I, Zoning Ordinance,
Article 2, Section 2 to provide definitions of “adult foster care”, “assisted living facility”,
“children’s residential facility”, and “foster home”, and to amend the definition of “nursing
home, convalescent home and rest home”; to amend the Zoning Ordinance, Article 5, Sections
1.3, 1.6, 1a.3, 2.3, 2.5, 3.3, 6.3, 7.6, and 8.3, to provide that adult foster care and foster homes
are a permitted accessory use in the A-1, Agricultural District, the RC, Rural Conservation
District, the AR-6, Agricultural Residential District, the RS, Single-Family Residential District,
the R-4, Residential Cluster Development District, the R-6, Residential Mobile Homes District,
and, by reference, in the R-5, Multiple-Family Residential Districts, and that assisted living
facilities and children’s residential facilities are permitted as a Special Exception in the A-1,
Agricultural District, the AR-6, Agricultural Residential District, and the RS, Single-Family
Residential District, and to provide that, in the R-1, R-2 and R-3, Single-Family Residential
Districts, adult foster care and foster homes are a permitted accessory use and assisted living
facilities and children’s residential facilities are permitted as a Special Exception. (PUBLIC
HEARING)

Mr. Crescenzo presented this ordinance for consideration to create definitions for and provisions
to establish assisted living facilities, children’s residential facilities and to change the definitions
of adult foster care and foster home that are currently in the County’s Zoning Ordinance. The
County’s Ordinance stipulates that if a use is not specifically permitted it is prohibited. Due to a
recent case regarding a Special Exception to permit the establishment of an “assisted living
facility” in the Cherrydale subdivision, staff requested authorization from the Board of
Supervisors to draft an ordinance to specifically address “assisted living facilities” in the Zoning
Ordinance. While the issue of ‘assisted living facilities’ arose, the staff was also addressing a
request to permit a facility in an established subdivision that would provide supervised residence
for children and juveniles under the direction of the Virginia Department of Social Service. This
Ordinance provides definitions for “adult foster care,” “assisted living facility,” and “children’s
residential facility,” and specifies that assisted living facilities and children’s residential facilities
require approval through the Special Exception process. Staff recommended approval.

Mrs. Moorhouse opened the Public Hearing and asked if anyone wished to speak in favor of or in
opposition to the request. Seeing no one come forward, she closed the Public Hearing.

Upon a motion by Mr. Padgett, seconded by Mrs. Binns, the Planning Commission voted
UNANIMOUSLY TO RECOMMEND ADOPTION OF ORDINANCE 09-23, ASSISTED
LIVING FACILITIES AND CHILDREN’S RESIDENTIAL FACILITIES AS OUTLINED
IN THE STAFF REPORT AND WITH THE MODIFICATIONS AS OUTLINED IN THE
HANDOUT GIVEN OUT TONIGHT.
Adjournment

There being no further business, Madam Chairman adjourned the meeting at 8:10 P.M. The next
regular Commission meeting will be August 20, 2009.