HomeMy WebLinkAbout07-24 PC Staff Report - November REZONING #07-24
William & Barbara Houdershell
Staff Report for the Planning Commission
Prepared: October 22, 2024
Staff Contact: Kayla Peloquin, Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 4, 2024
Planning Commission: November 6, 2024
Action: Tabled
Action: Pending
Board of Supervisors: December 11, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 91-A-28B
Address 8183 Valley Pike, Middletown, VA
Magisterial District Back Creek
Acreage +/- 5.00 acres
Zoning & Present Land Use Zoning: M1 (Light Industrial)
Land Use: Residential
Proposed Zoning RA (Rural Areas)
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Department of Historic Resources
(DHR) Easement
South: M1 (Light Industrial) Land Use: Industrial
East: M1 (Light Industrial) Land Use: Vacant (In Middletown)
West: M1 (Light Industrial) Land Use: Industrial
Proposed Use
The Applicant proposes rezoning the property from M1 (Light Industrial) to RA (Rural Areas)
in an effort to protect the historic property by restricting the allowed uses and ensure future
underwriting for loans on the property is not obstructed.
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Review Agency Comments:
Review Agency
Comment Date Comment Summary
Historic Resources Advisory
Board
August 16, 2024 Recommended approval
Planning & Zoning Staff Analysis:
Site History:
The property and the surrounding area were rezoned from A2 (Agricultural General) to M1
(Industrial Limited) in 1975. The M1 Zoning District later was renamed “Light Industrial.” The
property that was rezoned was later subdivided and this 5-acre lot was created.
The residence, Monte Vista (DHR ID #034-0014), is listed on the VA Landmarks Register and the
National Register of Historic Places. The house was built around 1883 and has been well
preserved. It is currently used as a residence.
Proffers:
There are no proffers associated with this property or proposed with this rezoning.
Zoning Ordinance Requirements:
Should this property be rezoned to RA (Rural Areas), adjacent M1 (Light Industrial) properties
would be allowed to continue all allowed industrial uses with no change to setback requirements.
However, there would be buffer requirements for M1 zoned land adjacent to an RA property used
as a residence in accordance with §165-203.02(D) which would only be required upon
redevelopment of the adjoining M1 property.
Comprehensive Plan Conformance:
The Comprehensive Plan provides guidance when considering any land use action. The property
is located outside of the Frederick County Sewer and Water Service Area (SWSA) and the Urban
Development Area (UDA). This property was included in a blanket agreement for the sewer and
water service to be provided by Middletown that predates the Board policy regarding these matters.
The long-range land use of the property is designated to remain rural in nature. The property is not
located within a small area plan and has likely not been extensively studied. Historic preservation
is one of the preferred uses for the County’s rural areas (Comprehensive Plan, pg. 14). The
proposed rezoning is in general conformance with the Comprehensive Plan.
Planning Commission Summary & Action
The Planning Commission held a public hearing on September 4, 2024. The commissioners
discussed the impacts on adjoining properties should this rezoning be approved. Staff stated that
should the adjoining property to the south redevelop and submit a new site plan, they would have
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to accommodate a Category C buffer in accordance with §165-203.02(D). Staff noted the
ordinance section that allows a common shared buffer and screening easement to be recorded with
the consent of both landowners. Staff stated they would look into potential impacts on the adjoining
property to the north within the Town of Middletown.
The commission discussed the Comprehensive Plan, which designates the area south of
Middletown as rural, despite existing industrial uses in the vicinity. The commission directed staff
to work with the applicant and the adjoining property owner to the south to facilitate an agreement
regarding the shared buffer. The application was tabled until the first meeting in November
(11/6/2024) to give both parties time to come to an agreement.
Staff Follow Up
Since the Planning Commission meeting, staff looked through the Middletown Zoning Ordinance
and did not determine any impacts from the zoning of the subject property on the property to the
north should that property be developed. Staff worked with the applicant and the owner of
adjoining property to the south to explore various options, including a common shared buffer and
screening easement or a waiver of the buffer requirements entirely. After in-person and phone
discussions of shared buffer options for the negotiations concluded with the applicant offering to
waive the buffer requirement entirely. The adjoining property owner to the south communicated
they would still object to the downzoning even if the buffer requirement was waived.
Listed below are the applicable ordinance sections on zoning district buffer requirements. Should
the rezoning be approved, these requirements would only apply if the industrial property submitted
a new site plan to expand or redevelop the current site.
• §165-203.02(D) Zoning District Buffers
• §165-203.02(B) Screening Requirements
• §165-203.02(A) Distance Buffers
Staff is seeking a recommendation from the Planning Commission to forward to the Board of
Supervisors on this rezoning application.
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