Harpers Ferry council rezones 460 Washington Street to business for proposed coffee shop

Harpers Ferry Town Council voted 6-1 on Feb. 10 to rezone 460 Washington Street from residential to business zoning, clearing a regulatory obstacle to an applicant's plan to open a community coffee shop there.

The decision follows a months-long review by the planning commission and a Jan. 21 public hearing at which, the planning commission's report states, 17 people spoke in favor of the coffee shop. Planning commission materials and council discussion laid out three possible paths: a map amendment to rezone to commercial, an amendment to add the parcel to the town's Promontory Overlay District, or other text amendments to allow the use without changing base zoning. Council members debated legal and policy questions about spot rezoning, the local Promontory Overlay, and overlapping management of the nearby Tourism Development District (TDD).

Applicant representatives and supporters said the proposal would create a community gathering place. "That's why I'm asking tonight that the town council approves our amendment for commercial zoning so that we can open the doors to the stone house and create a community space for our neighbors," said Nate Shapiro, who told the council he would operate the coffee shop if the rezoning is approved. Chris Peterson, attorney for the property owners, told the council the application was allowable under town rules and cautioned against rejecting the request on generalized fears of future applications: "The fact is that this is there's a road paved for this in the ordinances. This is something that the applicant is allowed to apply for, and we can't deny it out of fear that other people would seek the same relief."

Opponents and some council members urged more legal review and pointed to the town's comprehensive plan and overlay rules. Councilmember Roberta said she could not support the planning commission report as submitted and emphasized the need to follow the town's existing code: "We have to follow what our comprehensive plan says and what our zoning ordinance says. That's how we're supposed to review this."

Council debate included questions about whether the state-authorized TDD supersedes local zoning, how the Promontory Overlay was originally used, and whether adding this one parcel to the overlay or rezoning it to commercial would create an unwanted precedent. Planning commission staff and members said the commission's recommendation was advisory; Zach, who presented the planning commission's report, said, "At that public hearing, we had 17 people speak in favor," and that the planning commission's vote to forward the matter was 6 in favor, 1 opposed.

Councilmembers first voted on a motion to add Parcel 51 (460 Washington Street, Lot 4 Block E) to the Promontory Overlay District and to add "coffee shop" as a conditional use in that overlay. That motion failed on a 2-5 roll call. A later motion to rezone the parcel from residential to business zoning passed 6-1. The approved rezoning motion was amended to include a direction that the planning commission "review the land use of that area, specifically Lot E Town, as part of the next comprehensive plan."

The council also considered — and rejected — motions to have the town council itself apply the text/map amendment (one amendment to require the owner to apply instead failed for lack of a second) and to require the town attorney to brief council before placing the rezoning on an agenda (a separate motion to require town attorney advice failed by roll call later in the meeting).

The rezoning vote was recorded as: Zach Yes; George Yes; Chris Yes; Roberta No; Storm Yes; Nina Yes; Chair (Mayor Vaughn) Yes. The earlier overlay-motion vote was recorded: Zach Yes; George Yes; Chris No; Roberta No; Storm No; Nina No; Chair No.

Council members said they expect additional legal and procedural questions to be resolved as the planning commission and ordinance-review committee consider next steps. The applicants said they will pursue whatever procedural route the council and staff advise and thanked the community for public support during the planning process.

Votes at a glance: - Motion to add 460 Washington Street to the Promontory Overlay District and add "coffee shop" as a conditional use: FAILED (2 yes, 5 no). - Motion to rezone 460 Washington Street from residential to business and amend the zoning map accordingly: PASSED (6 yes, 1 no). The motion included direction for the planning commission to review surrounding land use as part of the next comprehensive plan update.

The council did not adopt any additional binding design conditions or special buffers as part of the rezoning motion. Councilmembers who asked for more legal certainty said they would try to secure formal advice before the applicant proceeds with administrative permits.

The council's action changes the zoning designation for 460 Washington Street; further administrative steps (building permits, business licensing and any required site- or design-review approvals) remain necessary before a coffee shop could open.