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Council approves proffer amendment and setback special‑use permit at 865 Port Republic Road
Summary
City Council approved a proffer amendment to the B‑2 conditional zoning at 865 Port Republic Road and separately approved a special‑use permit to allow reduced side/rear setbacks with a three‑year time extension; the amendments clarify that tobacco smoke and vape shops and wireless telecommunications facilities are allowed under specified proffers.
HARRISONBURG, Va. — The City Council on June 10 approved two related items for 865 Port Republic Road: a proffer amendment to the property’s B‑2 conditional zoning and an update to a special‑use permit for reduced side and rear yard setbacks. The actions clarified permitted uses, corrected earlier proffers that had unintentionally prohibited wireless telecommunications facilities, and extended the special‑use permit window.
City planning staff explained the items together during the meeting. Staff said the property had previously undergone a series of rezonings and special‑use approvals dating back to annexation and earlier development phases; when the site was rezoned in 2024, voluntary proffers unintentionally prohibited wireless telecommunications facilities even though the B‑2 district otherwise permits them. The applicant asked to amend the proffers to explicitly allow wireless telecommunications as provided in city ordinance section 10‑3‑90(20).
Staff also said the applicant requested explicit language allowing the existing tobacco smoke and vape shop use to remain conforming. That business had been conforming under earlier rules, but a subsequent amendment to the city code created a separate use category for tobacco/smoke/vape shops with additional locational rules (for example, minimum distances from schools). Staff said the amendment would clarify that the existing shop is permitted and that future reviews for business licensing would check the location rules.
The special‑use permit update concerns a reduction in required side and/or rear yard setbacks to permit a planned rear addition and up to 60 additional units on the site. Staff recommended a condition limiting the reduced‑setback relief to the existing building and the planned addition, and recommended a three‑year time extension to match other residential special‑use permits across the city. Planning Commission recommended approval 6–0.
Quentin Callahan, an attorney representing the applicant, described the request as a cleanup exercise and said engineering work had been done but formal construction plans had not yet been submitted. “This is simply cleanup,” Callahan told council.
Council approved the proffer amendment by roll call and then approved the special‑use permit and the time extension. Council recorded aye votes during the roll call and the two items passed unanimously.
Why it matters: The action clears regulatory obstacles for planned residential additions and for the site’s rooftop wireless facilities, and it preserves a longstanding retail use by clarifying its status under recently adopted city regulations. Council’s approvals also grant a three‑year window for the reduced‑setback permission to be used, aligning the item with other residential special‑use permits.
Staff will track the project as it moves into engineering and site plan phases.
