Planning Commission Recommends Evolution House Group Home After Neighbors Raise Code and Occupancy Concerns

The James City County Planning Commission unanimously recommended on May 7 that the Board of Supervisors approve a special use permit allowing Evolution House to operate a group home at 2010 Old Route 60 West, with conditions the applicant and staff agreed would allow county verification of occupancy and require perimeter fencing and signage prior to issuance of a final certificate of occupancy.

Why it matters: The application would allow more than eight residents in a single‑family home in the A‑1 (General Agricultural) district; the applicant requested up to 24 residents for a licensed recovery program for men. Neighbors and codes staff raised concerns that Evolution House had occupied the property without appropriate local permits and building approvals, and commissioners sought enforceable conditions that would let the county confirm occupancy limits and mitigate neighborhood impacts.

What the application proposed

Planner Miss Jaccura explained that the property is designated rural lands on the 2045 comprehensive plan and that the use is permitted with a special use permit when the group home would house more than eight individuals. Staff said the proposal would occupy the existing single‑family house and that the exact number of residents would depend on final building and septic approvals. Jaccura noted the applicant holds a license from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) for 24 beds but that occupancy must conform to building code, septic and licensing approvals.

Attorney Greg Davis, representing Evolution House, said the operator would staff the house 24/7 with on‑site professional staff and would transport residents by van to counseling and activities. “I respectfully submit to the commission that this is a well thought out and a good application,” Davis said, adding the owner had installed a privacy fence and that Evolution House had proposed conditions such as an annual report to the police chief and the zoning administrator and a two‑person on‑site professional staffing requirement.

Neighborhood concerns and code enforcement

Several neighbors testified at the public hearing. Neighbor Brian Johnson, who lives roughly 400 feet from the site and operates a nearby business, told the commission Evolution House had occupied the home for about three years without the required certificate of occupancy and that Code Enforcement had issued violations and a $4,000 fine. Leland Blanding, who owns 32 acres immediately behind the property, likewise told the commission he believed the house had been occupied in violation of county permitting and licensing requirements and said he had filed complaints with codes and the state licensing agency.

An Evolution House alumnus, Henry Straumann, and local employer Chris Henderson gave personal testimony in favor of the program; Straumann described recovery and peer support he experienced at Evolution House, and Henderson said he employs program participants and had been satisfied with their accountability and attendance requirements.

Changes to conditions and enforcement language

Commissioners repeatedly asked whether the county could inspect the property to verify occupancy and enforce conditions. Commissioner Pollster proposed adding a condition permitting unannounced county inspections for a reasonable monitoring period so staff could verify the number of residents after the applicant obtains a final certificate of occupancy and septic approval. Staff said the current draft included an annual submittal to the zoning administrator but not explicit ongoing inspection authority; County Attorney Liz Parbin confirmed the commission may add a condition granting inspection rights.

Greg Davis told the commission his client would accept a condition allowing county verification of occupancy and asked staff to draft appropriate wording. Commissioners also requested that fencing and “no trespassing” signage be in place before a final certificate of occupancy is issued. Other conditions recommended by staff and discussed during the hearing included a screening process to exclude sex offenders and a two‑professional staff minimum on duty at all times, and a requirement that residents be voluntary participants in treatment programs.

Decision and next steps

Commissioner Pollster moved to recommend approval of SUP‑25‑002 (2010 Old Route 60 West — Evolution House Group Home) with the additional monitoring and fencing conditions; the motion carried unanimously. The commission’s recommendation advances the application to the Board of Supervisors, where the Board will consider the SUP and the finalized conditions and may take separate action on enforcement or fines previously issued by codes compliance.

Ending

The record contains competing frames: advocates emphasized the program’s role in providing housing and peer support to men recovering from substance use disorder; several nearby property owners documented outstanding building‑code violations and asked that the county require verifiable conditions and inspection authority before granting ongoing occupancy rights. The Board of Supervisors will have the final decision on the special use permit and any related enforcement matters.