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Commission approves waiver of highway‑corridor setbacks for proposed convenience store and gas station

Warren County Planning Commission · November 13, 2024
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Summary

The planning commission approved a waiver to the Highway Corridor Overlay District setbacks to allow a proposed convenience store, gas canopy and restaurants (concept includes Sheetz and Chick‑fil‑A) at Winchester Road and Diamond Ridge Road; staff noted traffic signalization work with VDOT will continue.

The Warren County Planning Commission on Nov. 13 approved a request by Pavilion Development Company to waive Highway Corridor Overlay District (HCOD) front‑yard setbacks so a proposed convenience store, gas station canopy and restaurants can be positioned on a shallow corner parcel at Diamond Ridge Road and Winchester Road.

Staff explained the HCOD requires a 100‑foot building setback and a 50‑foot parking setback but that the parcel’s depth (shown in the concept plan as roughly 240 by 80 feet) constrains placement. George Shield, the applicant’s representative, told commissioners the developer is in lease negotiations and intends to locate a Sheetz on Unit 1 and a Chick‑fil‑A on Units 2 and 3, and said those tenants would provide local jobs. "With that flexibility...we feel like we're, spiritually in the same place with them," Shield said while explaining circulation and parking needs.

Commissioners questioned the purpose of the overlay and whether waivers should be routine; staff noted prior right‑of‑way dedications and ongoing VDOT scoping for signal justification and speed studies. One commissioner noted the waiver would not remove underlying zoning requirements and that the final site plan and setback compliance would be verified during subsequent review.

A motion to waive the HCOD front‑yard setback requirements for building and parking on the concept site plan was moved, seconded and approved by voice vote. The approval allows the applicant to move forward with final site‑plan development and additional engineering and VDOT coordination.

What happens next: the applicant will continue detailed site‑plan work, submit required traffic and signal studies to VDOT and return final engineered plans for staff and outside‑agency review before permits are issued.