HomeMy WebLinkAbout07-24 PC Staff Report - September REZONING #07-24
William & Barbara Houdershell
Staff Report for the Planning Commission
Prepared: August 20, 2024
Staff Contact: Kayla Peloquin, Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 4, 2024 Action: Pending
Board of Supervisors: September 25, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 91-A-28B
Address 8183 Valley Pike, Middletown
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.
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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 imposed 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 sewer and water
service to be provided by Middletown that predates 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. 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.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this rezoning application.