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Record of Proceedings

Harrisonburg Planning Commission Special Meeting - October 30, 2025: Initiation of Zoning Ordinance Amendments for Inpatient Substance Use Disorder Facilities

City Council & Planning CommissionThursday, October 30, 2025
BodyHarrisonburg, Virginia
SessionCity Council & Planning Commission
DateThursday, October 30, 2025
StatusFILED
Video Record
0:00 / 12:20

Transcript — Verbatim
0:04

All right.

0:06

We're live, so I will call to order this October 30th, 2025 meeting of the Harrisburg Planning Commission.

0:15

Commissioners Alcindi and Kitler are unable to join us tonight.

0:18

The other five are present.

0:19

So we have a quorum.

0:21

I will quickly welcome Commissioner Jesse Order or for his first meeting.

0:27

And perhaps we'll go into that maybe more linked at the next regular meeting.

0:31

But glad to have you with us.

0:34

It's a special meeting that's called.

0:35

We have one item of business is to consider initiating a zoning ordinance amendments related to inpatient substance use disorder treatment facilities, hospitals, and other related terms.

0:46

And with that, I'll turn it over to staff.

0:48

Oh, great.

0:48

Thank you very much.

0:49

So Ton Dang, Deputy Director in Community Development.

0:52

So thank you for getting together this evening for this special meeting.

0:57

What I'm gonna present to you all this is uh staff's request for planning commission to initiate consideration of zoning ordinance amendments related to inpatient substance use disorder treatment facilities and other related terms.

1:10

Um this had been presented to uh this body, the planning commission for public hearing in October uh on October 8th, uh so earlier this month, where this body had given unanimous unanimous approval for zoning ordinance uh amendments that staff had presented to you all.

1:28

Um within that report, staff had uh shared with you that there had been a building permit application filed for uh an inpatient substance use disorder facility on property in the city that is zoned R3.

1:42

And then following that public hearing uh around October 13th, the attorney for that property owner uh had sent us a letter and informed us of information that we had not been previously aware of, uh, which was a procedural requirement in state code, specifically section 15.2-2286 subsection A7 that describes that to initiate a zoning ordinance amendment, it either has to be initiated by resolution of the city council or by a motion of the planning commission, neither of which we had done for that uh zoning ordinance amendment.

2:20

So with this new information, uh we are correcting uh you know what we had uh done uh to get the procedures correct, and we are asking you all this evening to uh consider a motion then to uh allow staff to re re-advertise and bring this back to you all.

2:41

Um and we plan to bring it back to you all next month in November at the November 13th meeting.

2:47

Um if you have questions, if you're thinking, you know, maybe folks who are listening in might be wondering what about all of the other old past zoning ordinance amendments that we have passed where we didn't follow the procedures as outlined in state code.

3:01

Um in consultation with our city attorney's office.

3:04

Um it was determined that those appeal periods for those zoning ordinance amendments, the 30-day appeal period has passed, so those zoning ordinance amendments are okay, but we didn't want this one to get challenged as we move forward with it.

3:18

Uh, should city council you know uh agree to uh approve the amendments that we'll pro bring to them.

3:26

So with that, I'm happy to answer any questions you have, and I ask if uh you all would consider a motion.

3:36

What is the what is the likelihood that when this comes back formally when when the actual amendment comes back before the planning commission that there will be public opposition to it?

3:47

I don't know.

3:48

I mean, I guess yeah, we'll we'll find out.

3:52

Yeah, we will advertise it for the public.

3:55

Now it's had two times at Planning Commission.

3:57

Maybe more people will have heard about it.

4:00

Um perhaps that that property owner that I described may come to the public hearing so we may hear from them.

4:08

Thank you.

4:09

Please.

4:10

I'm just wondering about what this means procedurally going forward, because it seems like we get stuck in a loop.

4:16

Like staff brings us a recommendation to ask staff to do an ordinance.

4:20

Now it takes two months to get through planning commission.

4:23

And that's what we're looking at right now.

4:26

So we are evaluating we have a non-staff or an ordinance amendment from somebody else that we've been working with applicants on.

4:38

Um what I anticipate will happen is we will be presenting to you all their zoning ordinance amendment for you all to make a motion next in November, and then in December you'll hear it at public hearing, and then it will go to council in January.

5:00

And that would have been for um the item that we thought was going to come to you all in November, which was the R8 setbacks.

5:04

Um so there was an item that I presented at the end of the last meeting of upcoming items on the agenda.

5:09

We've had to bump that.

5:10

We've already discussed that with that applicant and told them look, this is what we found out, this is procedurally what we're gonna do.

5:17

Uh and so we're working through that process.

5:19

But I on November 13th, I anticipate I will be presenting to you all that and possibly other staff generated or initiated uh amendments that we would eventually like to bring forward to you all.

5:32

So, yeah, it really does sound like it'll take two months.

5:35

Us requesting staff on staff's recommendation, then staff comes back the next time.

5:40

What?

5:41

I mean you can recommend that we request something.

5:44

This is what you're doing now.

5:46

Correct.

5:46

And in this case, we've already prepared the amendments in the future.

5:49

It might be like really early and you know, discussion.

5:52

We haven't done the research yet, but we might come to you all and say we want to do an amendment on X topic.

6:00

Um we haven't worked out the details yet, but we've recognized we need to clarify things in the zoning ordinance or this other issue had come up.

6:08

Um let us initiate, then we'll do the research, and you may not hear from us for many several months after that.

6:14

Okay, so that's possible.

6:16

So in response to this, you'll back chain a bit in in some cases to bring our request to you before you do the work.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████47%
Legal Process██████████████████████████████████35%
Procedural█████████████████18%
Summary of Proceedings

Harrisonburg Planning Commission Special Meeting - October 30, 2025: Initiation of Zoning Ordinance Amendments for Inpatient Substance Use Disorder Facilities

The Harrisonburg Planning Commission held a special meeting on Thursday, October 30, 2025, at 6:00 PM in City Council Chambers to address a procedural error in the process for zoning ordinance amendments related to inpatient substance use disorder treatment facilities, hospitals, and other related terms. The meeting was triggered by a letter from an attorney representing a property owner, which informed staff that previous amendments had not been properly initiated per Virginia state code § 15.2-2286(A)(7). The commission unanimously voted to formally initiate consideration of the amendments and directed staff to prepare a draft ordinance for a public hearing.

Discussion Items

  • Procedural Correction for Zoning Ordinance Amendments: Staff (Thanh Dang, Deputy Director of Community Development) explained that on October 8, 2025, the Planning Commission had held a public hearing and recommended approval (6-0) of zoning ordinance amendments for inpatient substance use disorder treatment facilities. However, on October 13, 2025, an attorney representing the owner of a property zoned R-3 (where a building permit for such a facility had been filed) sent a letter stating the city had failed to follow the initiation requirement in § 15.2-2286(A)(7). This code requires that zoning ordinance amendments be initiated by: (i) resolution of the governing body, (ii) motion of the local planning commission, or (iii) petition of the property owner. Staff had not used any of these methods; the previous amendments were initiated by staff. The city attorney’s office advised that the 30-day appeal period for past amendments had expired, so only this pending amendment needed correction.
  • Discussion of Process and Timeline: Councilmember Laura Dent questioned the procedural loop, noting that asking staff to initiate now would add two months to the process. Staff responded that for this case, the amendments were already prepared, so the October 30 initiation would allow a draft ordinance to be presented at the November 13, 2025 meeting, with a public hearing in December and City Council consideration in January 2025. For future amendments, initiation might occur earlier in the research phase. Commissioner Randy Seitz asked about potential public opposition; staff noted that the proposal had been discussed twice at Planning Commission, so more public awareness was possible, and the property owner might attend the public hearing.
  • Commissioner Positions: Vice Chair Shannon Porter expressed strong support for the motion, stating that inpatient substance use disorder facilities need further vetting, especially concerning discharge protocols and community impact. Commissioner Rob Jezior clarified that the facility is currently a by-right use in R-3 zoning, and the amendment could require a special use permit.

Key Outcomes

  • Motion and Vote: Vice Chair Porter moved, and Councilmember Dent seconded, a motion to: "initiate consideration of a zoning ordinance amendment to the City of Harrisonburg Zoning Ordinance to amend provisions related to inpatient substance abuse disorder treatment facilities, hospitals, and other related items. The Planning Commission finds that such amendment is required by the public necessity, convenience, general welfare, and good zoning practice, and hereby directs staff to prepare a draft ordinance for public hearing and recommendation in accordance with § 15.2-2286 of the Code of Virginia." The motion passed unanimously (5-0).
  • Next Steps: Staff will prepare a draft ordinance for the Planning Commission’s November 13, 2025 meeting. A public hearing will follow, with subsequent consideration by City Council in January 2026. No site tour will be held for the November meeting as the only item is the ordinance amendment.

Meeting Transcript

All right. We're live, so I will call to order this October 30th, 2025 meeting of the Harrisburg Planning Commission. Commissioners Alcindi and Kitler are unable to join us tonight. The other five are present. So we have a quorum. I will quickly welcome Commissioner Jesse Order or for his first meeting. And perhaps we'll go into that maybe more linked at the next regular meeting. But glad to have you with us. It's a special meeting that's called. We have one item of business is to consider initiating a zoning ordinance amendments related to inpatient substance use disorder treatment facilities, hospitals, and other related terms. And with that, I'll turn it over to staff. Oh, great. Thank you very much. So Ton Dang, Deputy Director in Community Development. So thank you for getting together this evening for this special meeting. What I'm gonna present to you all this is uh staff's request for planning commission to initiate consideration of zoning ordinance amendments related to inpatient substance use disorder treatment facilities and other related terms. Um this had been presented to uh this body, the planning commission for public hearing in October uh on October 8th, uh so earlier this month, where this body had given unanimous unanimous approval for zoning ordinance uh amendments that staff had presented to you all. Um within that report, staff had uh shared with you that there had been a building permit application filed for uh an inpatient substance use disorder facility on property in the city that is zoned R3. And then following that public hearing uh around October 13th, the attorney for that property owner uh had sent us a letter and informed us of information that we had not been previously aware of, uh, which was a procedural requirement in state code, specifically section 15.2-2286 subsection A7 that describes that to initiate a zoning ordinance amendment, it either has to be initiated by resolution of the city council or by a motion of the planning commission, neither of which we had done for that uh zoning ordinance amendment. So with this new information, uh we are correcting uh you know what we had uh done uh to get the procedures correct, and we are asking you all this evening to uh consider a motion then to uh allow staff to re re-advertise and bring this back to you all. Um and we plan to bring it back to you all next month in November at the November 13th meeting. Um if you have questions, if you're thinking, you know, maybe folks who are listening in might be wondering what about all of the other old past zoning ordinance amendments that we have passed where we didn't follow the procedures as outlined in state code. Um in consultation with our city attorney's office. Um it was determined that those appeal periods for those zoning ordinance amendments, the 30-day appeal period has passed, so those zoning ordinance amendments are okay, but we didn't want this one to get challenged as we move forward with it. Uh, should city council you know uh agree to uh approve the amendments that we'll pro bring to them. So with that, I'm happy to answer any questions you have, and I ask if uh you all would consider a motion. What is the what is the likelihood that when this comes back formally when when the actual amendment comes back before the planning commission that there will be public opposition to it? I don't know. I mean, I guess yeah, we'll we'll find out. Yeah, we will advertise it for the public. Now it's had two times at Planning Commission. Maybe more people will have heard about it. Um perhaps that that property owner that I described may come to the public hearing so we may hear from them. Thank you. Please. I'm just wondering about what this means procedurally going forward, because it seems like we get stuck in a loop. Like staff brings us a recommendation to ask staff to do an ordinance. Now it takes two months to get through planning commission. And that's what we're looking at right now. So we are evaluating we have a non-staff or an ordinance amendment from somebody else that we've been working with applicants on. Um what I anticipate will happen is we will be presenting to you all their zoning ordinance amendment for you all to make a motion next in November, and then in December you'll hear it at public hearing, and then it will go to council in January. And that would have been for um the item that we thought was going to come to you all in November, which was the R8 setbacks. Um so there was an item that I presented at the end of the last meeting of upcoming items on the agenda. We've had to bump that. We've already discussed that with that applicant and told them look, this is what we found out, this is procedurally what we're gonna do. Uh and so we're working through that process. But I on November 13th, I anticipate I will be presenting to you all that and possibly other staff generated or initiated uh amendments that we would eventually like to bring forward to you all. So, yeah, it really does sound like it'll take two months. Us requesting staff on staff's recommendation, then staff comes back the next time. What?

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