HomeMy WebLinkAbout02-26 PC Staff Report REZONING #02-26
Plasters HVAC
Staff Report for the Planning Commission
Prepared: March 3, 2026
Staff Contact: Eric Bittner, Planner II
Executive Summary:
Meeting Schedule
Planning Commission: March 18, 2026 Action: Pending
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 remove uses that would not
advance the Comprehensive Plan.
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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.
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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 provides
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 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.
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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.
Below is the Generalized Development Plan (GDP) revised February 23, 2026, which depicts the
proposed impervious area to be converted to landscaped area.
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This is a rezoning requiring a public hearing.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this rezoning application.
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