HomeMy WebLinkAbout05-26 PC Staff Report - July REZONING #05-26
Clearbrook Rentals, LLC
Staff Report for the Planning Commission
Prepared: June 22, 2026
Staff Contact: Eric Bittner, Planner II
Executive Summary:
Meeting Schedule
Planning Commission: June 3, 2026
Planning Commission July 1, 2026
Action: Public Hearing; Deferred
Action: Public Hearing, Pending
Board of Supervisors: July 8, 2026
Action: Public Hearing; Pending
Property Information
Property Identification Number (PIN) 33-A-93
Address 4489 Martinsburg Pike, Winchester
Magisterial District Stonewall
Acreage +/- 0.56-acres
Zoning & Present Land Use Zoning: B2 (General Business) with proffers
Land Use: Commercial
Proposed Zoning B2 with revised proffers
Adjoining Property Zoning & Present Land Use
North: RA (Rural Area) District Land Use: Vacant
South: RA (Rural Area) District Land Use: Residential
East: RA (Rural Area) District Land Use: Residential
West: B3 (Industrial Transition) District Land Use: Automative Repair
Proposed Use
This is a request to rezone +/-0.56-acres from B2 (General Business) Zoning District with
proffers to B2 Zoning District with revised proffers. The proposed proffers would enable
“health care services” as a permitted use.
Positives
Concerns
The proposed rezoning does not otherwise
change the existing zoning or the property,
B2, and remains in conformance with the
Comprehensive Plan.
The proposed rezoning does not further the
land use policies of the NELUP and the
designated long range land use category.
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The proposed Right-of-Way advances the
Eastern Road Plan.
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:
A rezoning application (REZ #05-01) was approved by the Board of Supervisors on September 12,
2001, which rezoned the property from the RA (Rural Area) Zoning District to B3 (Industrial
Transition) Zoning District and B2 (General Business) Zoning District with proffers, restricting
some uses, including health services, and providing a cash proffer to mitigate Fire and Rescue
impacts. The existing structure was built in 2011 in conformance with an approved site plan, SP
#27-10.
The proposed rezoning would keep the zoning designation, B2, but amend the approved proffer
statement to add “health care services” as a permitted use The proposed use was proffered out of
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being permitted in the previous rezoning but is otherwise already considered a permitted use in the
B2 (General Business District).
Comprehensive Plan Conformance:
The Comprehensive Plan (adopted November 2021) and the Northeast Land Use Area Plan
provide guidance on the future development of the subject property. The Plan identifies the subject
properties with a “mixed use industrial office” (MUIO) land use designation and as being within
the limits of the Urban Development Area (UDA). The Northeast Land Use Area Plan describes
the future environment envisioned for the mixes use industrial office.
“These areas are intended to develop with targeted growth sectors identified by
the County’s Economic Development Authority (EDA), as well as similar
industries that are likely to bring higher wages, professional and/or technology
jobs. Uses which significantly contribute to air, noise, and light pollution as well as
business that create large volumes of truck traffic are discouraged in these areas.
Consideration of uses outside the identified targeted businesses should only be
considered if they are secondary and complementary to these targeted
businesses.”
The intent of the B2 zoning district is described in §165-604.01 as:
“…[providing] large areas for a variety of business, office and service uses.
General business areas are located on arterial highways at major intersections
and at interchange areas. Businesses allowed involve frequent and direct access
by the general public but not heavy truck traffic on a constant basis other than that
required for delivery of retail goods. General business areas should have direct
access to major thoroughfares and should be properly separated from residential
areas. Adequate frontage and depth should be provided, and access should be
properly controlled to promote safety and orderly development. Nuisance factors
are to be avoided. …”
The proposal for additional allowed use (health care services) does not otherwise further
the plan policy for MUIO and is not identified as an EDA targeted industry in the
Comprehensive Plan. The B2 Zoning District is also not typically associated with the planned land
use. However, given the existing zoning of the property is B2, the proposed rezoning does not
otherwise modify the current use of the property as “commercial.”
Transportation & Site Access:
Martinsburg Pike is identified in the Eastern Road Plan as an “improved major collector,” as part
of the rezoning, additional right-of-way for the ultimate condition is proffered to be dedicated. 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 Allows “Health Care Services, Including
Skilled Nursing Facilities,” as a permitted
use.
B) Access Management Restricts access to a shared entrance.
Proffers 10’ of ROW.
C) Structural Development Limitation Restricts building size to 3,000 sq. Ft.
D) 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.
This is a rezoning requiring a public hearing.
Following a public hearing, Staff are seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this rezoning application.
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