HomeMy WebLinkAbout02-25 BOS Staff Report REZONING #02-25
Stephenson Depot Commercial (Croatan Capital
II, LLC)
Staff Report for the Board of Supervisors
Prepared: April 14, 2025
Staff Contact: M. Tyler Klein, AICP, Senior Planner
Executive Summary:
Meeting Schedule
Planning Commission: April 2, 2025 Action: Approved
Board of Supervisors: April 23, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 44-A-42 & 44-A-43
Address Martinsburg Pike (Route 11) & Old Charles
Town Road (Route 761)
Magisterial District Stonewall
Acreage +/- 5.78-acres
Zoning & Present Land Use Zoning: B2 (General Business) & M1 (Light
Industrial) Districts
Land Use: Residential/Vacant
Proposed Zoning B2 (General Business)
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential & Vacant
South: RA Land Use: Vacant
East: M1 (Light Industrial) Land Use: Vacant
West: M1 & RA Land Use: Residential
Proposed Use
This is a request to rezone +/-5.78-acres from B2 (General Business) and M1 (Light Industrial)
Zoning Districts to B2 (General Business) Zoning District, with proffers, to enable commercial
development.
Positives
Concerns
The proposed rezoning fully implements Plan
policy specific to planned transportation
improvements to roadways in the vicinity of
the subject property.
Proffered (4/3/25) permitted use list seeks to
address plan policy specific to desired retail
Gas station with convenience, included in the
proffered permitted use list, is not typically
associated with “anchor retail” as envisioned
in the Comprehensive Plan. However, this use
may be appropriate given the site’s crossroads
location.
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uses on subject properties and self-service
storage facilities are limited to the rear of the
property as not to be the predominate use.
Site design controls are proffered to limit
building height to 30 feet, a commitment to
high-quality construction materials, screening
of mechanical equipment, and enhanced
landscaping and screening from public streets.
Monetary contributions are included to off-set
impacts to local fire and rescue services.
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Frederick
County (FC)
Public Works
July 13, 2023 “We offer no comments at this time.”
FC Fire
Marshal
July 11, 2024 “No comments at this time.”
FC County
Attorney
January 28,
2025
See attached comment letter. Comments
addressed.
Frederick Water July 13, 2023 See attached comment letter.
Virginia
Department of
Transportation
(VDOT)
February 27,
2025
“VDOT has reviewed the latest GDP
for the Stephenson Depot rezoning
application and we are in agreement
with the proposed entrance locations
shown on the plan. Please note that
entrance locations are subject to final
design and approval by VDOT at the
time of final site plan submission.
VDOT has no additional comments
on this application.”
See attached comment letter.
Planning & Zoning Staff Analysis:
Comprehensive Plan Conformance:
The Comprehensive Plan (adopted November 2021) and the Northeast Land Use Plan (NELUP,
2023) provide guidance on the future development of the subject property. The Plan identifies the
subject property with a “business” land use designation and as being within the limits of the Sewer
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and Water Service Area (SWSA) and the Urban Development Area (UDA). Further, the NELUP
plan states:
“The area between Old Charles Town Road and Stephenson Road located immediately east
and west of the existing rail corridor is identified for future business uses. More
specifically, business uses in this area east of the rail corridor should be of a neighborhood
or community scale and be intended to serve the nearby residents of Snowden Bridge and
the Stephenson Rural Community Center. Properties west of the rail corridor may be well
suited to meet community needs for anchor retail, and further study of these properties may
be appropriate to determine whether the inclusion of residential uses would be necessary
to support such activity.”
The proposed rezoning partially implements plan policy specific to business uses envisioned in
this area of the County. Gas station with convenience, included in the proffered permitted use list,
is not typically associated with “anchor retail” as envisioned in the Comprehensive Plan. However,
this use may be appropriate given the sites crossroads location.
The proffer statement includes site design controls, including limiting the maximum building
height to 30 feet, a commitment to high-quality construction materials, screening roof-mounted
mechanical equipment, and enhanced landscaping and screening from public streets. The
location of any future self-storage is limited to the rear of the property as to not be the
predominate use. The included site design controls seek to implement Plan policy specific to
neighborhood retail and community scale contained in the Northeast Land Use Plan.
Transportation & Site Access
The Plan also identifies transportation improvements in the vicinity of the subject property.
Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761) are identified as “improved
collector roadways” (see inset below). A future roundabout is also planned at the intersection of
the above roadways. The proffer statement includes improvements to serve the proposed
development and for the future condition of the adjoining roadways.
• Site access is limited to one (1) full movement entrance from Old Charles Town Road and
one right-in/right-out from Martinsburg Pike (Proffer C-1);
• Turn lanes and tapers to serve future entrances (Proffer C-2, 3, & 4);
• Pedestrian facilities to include a 10-foot (FT) wide multiuse trail along Martinsburg Pike
and a 5-FT wide sidewalk along Old Charles Town Road (Proffer C 5 & 6);
• Monetary contributions ($50,000) for Martinsburg Pike transportation improvements
(Proffer C-7); and
• Right-of-way (ROW) reservation for future intersection improvements (roundabout).
The proposal is fully consistent with the planned improvements in the Comprehensive Plan.
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Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis:
Proffers
(Dated 04/03/2025)
Staff Comment
Proffer A – General Development Plan No comment.
Proffer B – Land Use Restrictions Gas station with convenience, included in the
proffered permitted use list (Proffer B-2), is not
typically associated with “anchor retail” as
envisioned in the Comprehensive Plan.
However, this use may be appropriate given
the sites crossroads location.
Proffer C – Transportation Enhancements No comment.
Proffer D – Site Design Controls No comment.
Proffer E – Monetary Contributions to Offset
Impact of Development
No comment.
The generalized development plan (GDP) dated February 17, 2025, is included below and
depicts proffer improvements.
Page 5 of 5
PLANNING COMMISSION SUMMARY & ACTION FOR THE 04/02/25 MEETING:
The Planning Commission held a public hearing on April 2, 2025. During the applicant’s
presentation, they noted their willingness to further amend the proffers to specify what uses would
be allowed on the property including: adult and child-care facilities, food and beverage retailers,
food services/restaurant/other eating places, gas stations with convenience store (excluding truck
stops/fast fuel diesel fueling/fuel dealers, offices, personal care services, pet care services, retrial
trade excluding adult retail/manufactured home dealers/tire dealers/tobacco etc., self-service
storage facilities (as restricted on GDP), and veterinary services. One (1) member of the public
spoke, noting they were not in favor or opposed to the proposed rezoning and expressing a desire
to have uses allowed that harmonized with surrounding residential uses and would not adversely
impact traffic and congestion at the intersection of Old Charles Town Road and Martinsburg Pike.
The primary discussion among the Commission was allowed uses and it was noted that having a
permitted use list rather than a prohibited use list was preferred to ensure Plan policy specific to
retail at that intersection was implemented.
The Planning Commission unanimously recommended approval of the proposed rezoning with the
amendments to the proffers offered voluntarily by the applicant (Commissioners Kozel & McKay
absent).
Following a public hearing, staff is seeking a decision from the Board of Supervisors on this
Rezoning application