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HomeMy WebLinkAbout02-26 BOS Staff Report REZONING #02-26 Plasters HVAC Staff Report for the Board of Supervisors Prepared: March 24, 2026 Staff Contact: Eric Bittner, Planner II Executive Summary: Meeting Schedule Planning Commission: March 18, 2026 Action: Recommend Approval Board of Supervisors: April 8, 2026 Action: Pending Property Information Property Identification Number (PIN) 75-A-91E Address 161 Commonwealth Court, Winchester Magisterial District Back Creek Acreage +/- 1.21acres Zoning & Present Land Use Zoning: B2 (General Business) with proffers Land Use: Commercial Proposed Zoning B3(Industrial Transition) with proffers Adjoining Property Zoning & Present Land Use North: M2 (General Industrial)/B2 (General District) Districts Land Use: Food manufacturing Vacant South: B3 (Industrial Transition) District Land Use: Distribution East: B3 (Industrial Transition) District Land Use: Office/manufacturing West: B3 (Industrial Transition) District Land Use: Vacant Proposed Use This is a request to rezone 1.21± acres from B2 (General Business) Zoning District with proffers to B3 (Industrial Transition) Zoning District with proffers. The proposed proffers include use restrictions barring gas stations, movie theaters, and parks, as well as a cash proffer for any new building square footage for impacts to County Fire and Rescue. Positives Concerns The proposed rezoning is conformance with the Comprehensive Plan and advances the Kernstown Area Plan of business. Proffer A.1 removes uses that would not advance the Comprehensive Plan. Page 2 of 6 Proffer A.2 would address the conforming status if the site was approved for the B3 zoning district. Review Agency Comments: Review Agency Comment Date Comment Summary Status Virginia Department of Transportation (VDOT) 01/29/2026 “VDOT has no comments on the rezoning.” Frederick Water 2/18/2026 No comment Frederick County Inspections 2/3/2026 “No comment.” Frederick County Public Works 1/29/2026 “No comments- no proposed changes to grading or stormwater infrastructure.” Frederick County Fire Marshal 1/30/2026 “Approved, no existing fire department features to be removed without the permission of the Fire Official.” Frederick County Attorney 02/18/2026 No comment. Legal form. Planning & Zoning Staff Analysis: Site History: The existing structure was built in 2000 in conformance with an approved site plan, SP #57-99. A rezoning application (REZ #09-16) was approved by the Board of Supervisors on September 28, 2016, which rezoned the property from the B3 (Industrial Transition) Zoning District to B2 (General Business) Zoning District with proffers, restricting some uses and providing a cash proffer to mitigate Fire and Rescue impacts. Page 3 of 6 The subject property was subsequently developed under the development standards of the B2 (General Business) Zoning District, which requires less landscaped area than the B3 (Industrial Transition) Zoning District (15% vs 25% of the lot area, §165-601.02). If approved, the site would be non-conforming with the dimensional requirements for the B3 zoning district. However, to address this non-conformity, the applicant has proffered to bring the property into conformance before any change of use is approved. This would be done at time of site plan. Comprehensive Plan Conformance: The Comprehensive Plan (adopted November 2021) and the Kernstown Area Plan provide guidance on the future development of the subject property. The Plan identifies the subject properties with a “business” land use designation and as being within the limits of the Urban Development Area (UDA). The property is in the Interstate Commercial at Exit 310 sub-area and adjoins the Northern Kernstown Industrial sub-area. The Kernstown Area Plan described the future environment envision for the exit 310 sub-area. “The improvements to the Exit 310 Interchange on Interstate 81 at Route 37 furthers the significant commercial opportunities by identifying these land uses in the Kernstown Interstate Commercial at Exit 310 area. Future improvements identified for this area are envisioned to continue to enhance this area’s major role for commercial and industrial development.” The intent of the B3 zoning district is described in §165-604.01 as “…[providing]for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access…” Given the intention to enhance industrial development and proximity to a designated industrial development site, the B3 district aligns with the future land use plan. Transportation & Site Access: Commonwealth Court is not identified in the Comprehensive Plan for improvement as part of the Eastern Road Plan. Commonwealth Court currently has a 50’ wide right-of-way (ROW). The property has no other road frontage. Page 4 of 6 Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: Proffers (February 23, 2026) Staff Comment A) Land Use Restrictions Removes several uses such as gas stations and convenience stores, movie theaters, and parks that are not consistent with the Kernstown Area Plan’s guidance for the business land use designation in this area. Would address the non-conforming status of the property if approved. B) Monetary Contributions to Offset Impact of Development The proffer statement fully implements the adopted Board of Supervisors policy on monetary proffers for commercial/industrial square footage. Page 5 of 6 Below is the Generalized Development Plan (GDP) revised February 23, 2026, which depicts the proposed impervious area to be converted to landscaped area. Page 6 of 6 Planning Commission Summary and Action From 3/18/2026 Public Hearing The Planning Commission held a public hearing during their regular meeting on March 18, 2026. The only topic of conversation was the B3 zoning district’s 25% landscaped area requirement. The Planning Commission recommended approval of the proposed rezoning application (13-0). This is a rezoning requiring a public hearing. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application.