Henrico Planning Commission advances proposed marijuana business regulations to board of supervisors

A new package of zoning restrictions on recreational marijuana businesses will advance to the Henrico Board of Supervisors, after the Henrico Planning Commission blessed the proposal Oct. 15. Commissioners voted unanimously for approval after only a few questions and no comments from the public.

Supervisors will consider the regulations during their Nov. 10 meeting.

As the Citizen previously reported, the proposed ordinance covers a variety of recreational and medical marijuana-related businesses, including industrial facilities for marijuana cultivation and processing.

It would prohibit these uses within 1,000 feet (the maximum allowed by the state law) of a school, religious institution, childcare center, playground, or public park as well as within certain zoning categories. It also would require a provisional use permit to open a facility in most zoning districts, which involves a public hearing and a specific approval from the Henrico Board of Supervisors. There are also new screening, parking, and crime prevention plan requirements.

There are limits, however, to what Henrico can regulate.

“I will say that the state has been, has preempted a great deal of what we would like to do in terms of use-specific standards for these uses,” explained Ben Blankinship, principal planner for the county. “The state legislation makes it quite clear that while we have the authority to apply the zoning ordinance to these uses, we do not have the authority to tell them how to go about cultivation or processing or even the retail sales.”

Blankinship did promise Brookland Commissioner Christopher Phelps that he would check with Henrico County Attorney Andrew Newby about whether the 1,000-foot distance restriction could include public libraries as well.

The county had developed the regulations quickly to respond to new laws passed by the Virginia General Assembly.

“The state has decided, the General Assembly has decided to legalize the retail sale of marijuana and has made it clear that they expect localities in the state to find ways to accommodate retail sales of marijuana and not to simply outlaw them on a county basis,” said Blankinship.

At the same meeting, the commission also recommended approval for another set of zoning changes which would allow buildings as tall as 110 feet in certain designated development areas – and potentially as tall as 200 feet with special approval – while imposing additional restrictions on new car washes and modifying outdoor restaurant food preparation regulations.

The changes also would restrict the areas in which new car washes, auto detailing businesses, and restaurants with outdoor seating could be opened without a provisional use permit.

Those proposed zoning changes also will come to the board of supervisors for a final decision at its Nov. 10 meeting.

Virginia Crossings senior community recommended for approval; 84 proposed homes recommended for denial

The planning commission handed out other recommendations for approvals and denials in almost equal measure at its Thursday meeting.

First, it recommended approval for a redevelopment by Pinnacle Living, a Henrico-based company, of nearly 20 acres at the intersection of Virginia Center Parkway and Village Views Parkway in Fairfield.

The Virginia Crossings Hotel and Conference Center would be demolished and replaced with a continuing-care retirement community containing 350 units, 278 independent-living units, 48 assisted-living units and 24 memory-care units, in three- and four-story buildings up to 75 feet in height.

While the main entrance would be on Virginia Center Parkway, a secondary entrance, likely only for emergency access, would be situated somewhere on Village Views Parkway.

Planners had raised some concerns about the pedestrian network, site buffers, amenities, construction hours, and unit affordability. The developer submitted a revised set of conditions before this hearing, including dedicating 20% of the site to resident amenities and setting aside 38 units for applicants with lower incomes. Pending approval by supervisors, construction of the facility could begin in the second half of 2027 and be complete within two years.

The commission also recommended approval for a proposal to relocate the Rudlin Torah Academy to an existing three-story, 24,000-square-foot office building at the southeast corner of East Parham Road and Lydell Drive in the Fairfield District. The school would have capacity for as many as 175 students and approximately 35 full-time employees and would operate generally from 7:30 a.m. to 5:30 p.m. weekdays.

The commission also made two rarer recommendations for denial of two proposals that would result in the construction of a total of 84 homes. The first was a proposal for 28 one-over-one condominium units on two acres along the north side of Brook Lake Drive, about 500 feet west of Brook Road in the Fairfield District. The second proposal was for 56 single-family homes on nearly 15 acres at the northwest corner of Braxton Avenue and Quail Walk Drive in the Brookland District.

Planners already had recommended not proceeding with the proposals, and then several area residents added their opposition to what had already been shared at community meetings. They raised worries about loss of green space, wetlands, and water drainage; issues with traffic, parking, and pedestrian infrastructure; school overcrowding, and impacts to underground water sources.

The board of supervisors is scheduled to hear each case at its Nov. 10 meeting.