The URL can be used to link to this page

Home My WebLink AboutBZAAgenda2026February171.Call to Order 2.Determination of a Quorum 3.Meeting Minutes 3.A.Minutes of January 20, 2026 4.Public Hearings 4.A.Variance #26-25 for Stoneridge Outdoor Living Submitted a request for a 10-foot variance to a required 15-foot rear yard setback resulting in a 5-foot rear yard setback for an enclosed screened room with deck. The property is located at 150 Emperor Drive, Lake Frederick, and is identified by Property Identification Number 87B-5-2-123 in the Opequon Magisterial District. 4.B.Variance #01-26 for Richard L. Molden Submitted a request for a 40-foot variance to a required 45-foot right yard setback resulting in a 5-foot right yard setback for a garage. The property is located at 2633 Cedar Creek Grade, Winchester, and is identified by Property Identification Number 61- A-99A in the Back Creek Magisterial District. 4.C.Variance #02-26 for James & Angela Payton Submitted a request for a 5.6-foot variance to a required 50-foot left yard setback resulting in a 44.4-foot left yard setback for an addition. The property is located at 942 Gun Club Road, Stephenson, and is identified by Property Identification Number 45-2-B in the Stonewall Magisterial District. AGENDA BOARD OF ZONING APPEALS TUESDAY, FEBRUARY 17, 2026 3:30 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA BZA02-17-26MeetingMinutesJanuary20.pdf BZA02-17-26VAR26-25_Redacted.pdf BZA02-17-26VAR01-26_Redacted.pdf BZA02-17-26VAR02-26_Redacted.pdf 1 4.D.Variance #03-26 for Aliya Small Submitted a request for a 7.5-foot variance to a required 25-foot rear yard setback resulting in a 17.5-foot rear yard setback for a covered patio. The property is located at 109 Triangle Court, Winchester, and is identified by Property Identification Number 55N-1-4-154 in the Red Bud Magisterial District. 4.E.Variance #04-26 for Cline Manor VA LLC Submitted a request for the foregoing buffers to provide an inactive buffer of 25', with full screening, together with an active buffer of 25' and a 35' inactive road buffer, with full screening, together with a 40' active road buffer. The property is located at 3266 Valley Pike and is identified by Property Identification Number 63-A-37 in the Back Creek Magisterial District. 5.Other BZA02-17-26VAR03-26_Redacted.pdf BZA02-17-26VAR04-26_Redacted.pdf 2 Board of Zoning Appeals Agenda Item Detail Meeting Date: February 17, 2026 Agenda Section: Meeting Minutes Title: Minutes of January 20, 2026 Attachments: BZA02-17-26MeetingMinutesJanuary20.pdf 3 Frederick County Board of Zoning Appeals 1982 MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on January 20, 2026. PRESENT: Eric Lowman, Chairman, Red Bud District; Linda Whitacre, Gainesboro District; John Cline, Stonewall District; James Prohaska, Opequon District; Dolores Stottlemyer, Shawnee District; and Ronald Madagan, Member at Large. ABSENT: Dudley Rinker, Vice-Chairman, Back Creek STAFF PRESENT: Mark Cheran, Zoning Administrator; John Lowery, Zoning Inspector and Pamala Deeter, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there is a quorum. Chairman Lowman led the Pledge of Allegiance. Chairman Lowman asked if there are any applications for February. Mr. Cheran replied yes. ELECTION OF OFFICERS AND ADOPTION OF BYLAWS Mr. Cheran stated that the Board of Zoning Appeals has met at 3:30 p.m. on the third Tuesday of the month. Mr. Cline made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on the third Tuesday of the month. Mr. Madagan seconded the motion and the vote was unanimous. Chairman Lowman asked if anyone had questions on the Adoption of the Bylaws. On a motion by Ms. Stottlemyer and seconded by Mr. Cline the Bylaws were unanimously approved as presented. Mr. Cheran opened the floor for nominations for Chairman. Mr. Cline made a motion to nominate Mr. Lowman and Mr. Madagan seconded the motion. The floor was closed for nominations. The vote was unanimous for Mr. Lowman as the Chairman. Chairman Lowman opened the floor for nominations for Vice-Chairman. Mr. Madagan made a motion to nominate Mr. Rinker and Chairman Lowman seconded the motion. The floor was closed for nominations. The vote was unanimous for Mr. Rinker as the Vice-Chairman. Chairman Lowman opened the floor for nominations for Secretary. Mr. Cline made a motion to nominate Mrs. Deeter and Chairman Lowman seconded the motion. The floor was closed for nominations. The vote was unanimous for Mrs. Deeter as the Secretary. Mr. Cline made a motion to approve the meeting minutes with a correction for December 16, 2025, and was seconded by Mrs. Whitacre and was unanimously approved. PUBLIC HEARING 4 Frederick County Board of Zoning Appeals 1983 Variance #15-25 for 1021 Aylor LLC (Christine M. Baker DDS, PLLC) submitted a request for a 5- foot variance to a required 10-foot front yard setback resulting in a 5-foot front yard setback for a sign. The property is located at 1021 Aylor Road, Stephens City and is identified with Property Identification 74B - 5-1-D in the Opequon Magisterial District. Mr. Cheran came forward to present his staff report and maps. Mr. Cheran proceeded with background information. The property is located at 1021 Aylor Road and 0.52 acres and is zoned B1 (Neighborhood Business Zoning District in the Opequon Magisterial District. The property was created in 1969 and is currently zoned B1 with the setback for signage of 10-feet from the Right of Way. The front of this parcel was taken by VDOT for the realignment of Aylor Road (Route 647). Now the Applicant cannot meet the setback requirement for signage on the parcel. The Applicant has verified that the sign will not be encroaching other easements. If VDOT did not widen Aylor Road, the Applicant would meet the current setback. Staff concluded by stating The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165- 1001.02 state that no variance shall be granted unless the application can meet the following requirements: a) The property interest for which the variance is being requested was acquired in good faith; b) Any hardship was not created by the applicant for the variance; c) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; d) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; e) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property; and f) The relief or remedy sought by the variance is not available through a conditional use permit process or the process for modification of a Zoning Ordinance. Mr. Cheran noted the applicant does meet the intent of the State and County Codes for a variance on setbacks. The Applicant is represented by Robert Sproul of Harris & Johnston Attorney at Law. Mr. Sproul relayed that Applicant was requesting to build a monument sign. The surveyor has measured off the VDOT right of way as to the placement of the sign. The Applicant would also request a right setback as well. The Applicant moved into the location in 2018 and in 2019 Aylor Road was widened. The Applicant did not make this hardship. This was created by VDOT. Chairman Lowman addressed the right setback request. The Board can only grant what is requested at the time of application. A board member made a comment that the closest setback granted is 5-ft. 5 Frederick County Board of Zoning Appeals 1984 PUBLIC HEARING COMMENT Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. No one came forward. PUBLIC HEARING CLOSED Chairman Lowman inquired as to if the Applicant has a sign design. He explained that monument signs have a longer base so make sure the dimensions are correct. On a motion made by Mr. Prohaska to approve the variance as requested and seconded by Mr. Madagan, Variance Request #15-25 for 1021 Aylor LLC., was unanimously approved. PUBLIC HEARING Variance #25-25 for Painter-Lewis LLC. (Brinjal LLC.) submitted a request for a 21.3-foot variance to a required 35-foot front yard setback resulting in a 13.7-foot front yard setback for a dwelling. The property is located at North Frederick Pike (Route 522N) to Purell Lane and is between 1124 and 1116 Purcell Lane in the Stonewall Magisterial District. Mr. Cheran came forward to present his staff report and maps. Staff noted the property is located at Purcell Lane in the Stonewall Magisterial District. The property is zoned RP (Residential Performance) and researching this parcel there is no tax map number and no building restriction line. At the time of adoption of the Zoning Ordinance in 1962 the property was zoned R-2 (General Residential). The setbacks at the adoption of the Zoning Ordinance were 35-feet for the front, 10-feet side yard and 25 feet rear yard. The ordinance in 1989 was amended from R-2 Zoning to RP (Residential Performance) with the setbacks 35 feet front, 10 feet side yard and 25 feet rear yard. A lot consolidation was submitted in order for a dwelling to be built. The current setback is for the RP would limit the Applicant for buildable area. The adjoining properties were built in the 1940’s and the setbacks were less than the RP requirements. Staff concluded by stating The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165- 1001.02 state that no variance shall be granted unless the application can meet the following requirements: a) The property interest for which the variance is being requested was acquired in good faith; b) Any hardship was not created by the applicant for the variance; c) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; d) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; 6 Frederick County Board of Zoning Appeals 1985 e) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property; and f) The relief or remedy sought by the variance is not available through a conditional use permit process or the process for modification of a Zoning Ordinance. Mr. Cheran ends the presentation by stating this variance meets the Code of Virginia and Frederick County. Mr. Cheran stated he had two calls about the variance, but, was not in opposition. Chairman Lowman asked the Applicant to come forward, Mr. Lewis representing the Applicant. The Applicant is just wanting to combine two lots into one parcel for a dwelling. These are tiny lots and if the request is approved then the plat will be recorded and official tax map number will be created, and the Commissioner of Revenue will have this on file. A board member inquired as to how many dwellings will be on the property. Mr. Lewis replied one. PUBLIC HEARING COMMENT Chairman Lowman ask if anyone would like to speak in favor or opposition of this variance. No one came forward. PUBLIC HEARING CLOSED No Discussion On a motion made by Mr. Cline to approve the variance as requested and seconded by Mr. Prohaska, Variance Request #25-25 for Brinjal LLC (Painter-Lewis) was unanimously approved. The meeting adjourned at 4:15. ________________________________ Eric Lowman, Chairman ________________________________ Pamala Deeter, Secretary 7 Board of Zoning Appeals Agenda Item Detail Meeting Date: February 17, 2026 Agenda Section: Public Hearings Title: Variance #26-25 for Stoneridge Outdoor Living Attachments: BZA02-17-26VAR26-25_Redacted.pdf 8 VARIANCE #26-25 Applicant Name: Stoneridge Outdoor Living (Denise Simmons) Staff Report for the Board of Zoning Appeals (BZA) Prepared: February 3, 2026 Staff Contact: Mark Cheran, Zoning Administrator Hearing Schedule BZA: February 17, 2026 Action: Pending Property Information Property Identification Number (PIN) 87B-5-2-123 Address 150 Emperor Dr. Magisterial District Opequon Acreage 0.14+/- acres Zoning & Present Land Use Zoning: R5 (Residential Recreational Community) District Land Use: Residential Adjoining Property Zoning & Present Land Use North: R5 (Residential Recreational Community) District Land Use: Residential South: R5 (Residential Recreational Community) District Land Use: Residential East: R5 (Residential Recreational Community) District Land Use: Open Space West: R5 (Residential Recreational Community) District Land Use: Residential Variance Requested & Reasoning The applicant is requesting a 10.5-foot variance to a required 15-foot rear yard setback which will result in a 4.5-foot rear yard setback for an enclosed deck. Reason: This property cannot meet the current rear setback for an enclosed deck. Minimum Variance Requested Resulting Setback Front 25-Ft N/A N/A Left 5-Ft N/A N/A Right 5-Ft N/A N/A Rear 15-Ft 10.5-Ft. 4.5-Ft 9 Page 2 of 2 Staff Comments: This property is zoned R5 when the dwelling was built in 2018. The building setbacks for this zoning district are: Front; 25 Ft Sides: 5 Ft Rear: 15 Ft The Zoning Ordinance allows unroofed decks within the R5 District to extend five (5) feet into the rear setback if the property abuts open space. A roofed deck must meet the setback of fifteen (15) feet, and this property abuts an open space. The dwelling is set deep on the property and cannot meet the rear setback requirements for an enclosed deck. Staff will note that other properties have enclosed decks as the dwellings are not set deep on the property. Code of Virginia & Frederick County Zoning Ordinance: The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that no variance shall be granted unless the application can meet the following requirements: a) The property interest for which the variance is being requested was acquired in good faith; b) Any hardship was not created by the applicant for the variance; c) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; d) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; e) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property; and f) The relief or remedy sought by the variance is not available through a conditional use permit process or the process for modification of a Zoning Ordinance. Summary & Requested Action: This proposed variance appears to be consistent with the character of the district; and meets the intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a request for a variance from the current rear setbacks of the R5 Zoning District for an enclosed deck may be appropriate Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this variance application. 10 EMPEROR DR87B 5 2 123 146 EMPEROR DR 148 EMPEROR DR 152 EMPEROR DR 155 EMPEROR DR 144 EMPEROR DR 154 EMPEROR DR 156 EMPEROR DR 147 EMPEROR DR 149 EMPEROR DR 151 EMPEROR DR 153 EMPEROR DR µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: December 31, 2025EMPEROR DRBIRDSFOOTWAYSKIPPER D R CABBAGEWHITE DRCONEFL O W E R W A YTWINLEAFWAYBUR K W O O D TER FRINGETREECT0 40 8020 Feet RACHEL CARSON DRRACHEL CARSON DRCLARKE COUNTY VAR # 26 - 25: Stoneridge Outdoor Living PIN: 87B - 5 - 2 - 123 Rear Yard Variance Zoning Map Application Sewer and Water Service Area Parcels R5 (Residential Recreational Community District) VAR #26-25 11 EMPEROR DR87B 5 2 123 146 EMPEROR DR 148 EMPEROR DR 152 EMPEROR DR 155 EMPEROR DR 144 EMPEROR DR 154 EMPEROR DR 156 EMPEROR DR 147 EMPEROR DR 149 EMPEROR DR 151 EMPEROR DR 153 EMPEROR DR µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: December 31, 2025EMPEROR DRBIRDSFOOTWAYSKIPPER D R CABBAGEWHITE DRCONEFL O W E R W A YTWINLEAFWAYBUR K W O O D TER FRINGETREECT0 40 8020 Feet RACHEL CARSON DRRACHEL CARSON DRCLARKE COUNTY VAR # 26 - 25: Stoneridge Outdoor Living PIN: 87B - 5 - 2 - 123 Rear Yard Variance Location Map Application Sewer and Water Service Area Parcels VAR #26-25 12 13 14 15 16 17 18 19 20 21 Board of Zoning Appeals Agenda Item Detail Meeting Date: February 17, 2026 Agenda Section: Public Hearings Title: Variance #01-26 for Richard L. Molden Attachments: BZA02-17-26VAR01-26_Redacted.pdf 22 VARIANCE #01-26 Applicant Name: Richard L. Molden Staff Report for the Board of Zoning Appeals (BZA) Prepared: February 3, 2026 Staff Contact: Mark Cheran, Zoning Administrator Hearing Schedule BZA: February 17, 2026 Action: Pending Property Information Property Identification Number (PIN) 61-A-99A Address 2633 Cedar Creek Grade Magisterial District Back Creek Acreage 1.00+/- acres Zoning & Present Land Use Zoning District: RA (Rural Areas) District Land Use: Residential Adjoining Property Zoning & Present Land Use North: RA (Rural Areas) District Land Use: Vacant South: RA (Rural Areas) District Land Use: Orchard East: RA (Rural Areas) District Land Use: Orchard West : RA (Rural Areas) District Land Use: Residential Variance Requested & Reasoning The applicant is requesting 40-foot variance to a required 45-foot right yard setback which will result in a 5-foot yard setback from a private right of way (R-O-W) for a detached garage. Reason: This property shape cannot meet the current RA setback from a private R-O-W. Minimum Variance Requested Resulting Setback Front 60-Ft N/A N/A Left 15-Ft N/A N/A Right 45-Ft 40-Ft 5-Ft Rear 15-Ft N/A N/A Staff Comments: • This 1.00-acre property was created in 1980’s. • The Frederick County historical zoning map shows this property being zoned A-2 (Agricultural General). • Frederick County amended its Ordinance in 1989 to change the zoning district to the current RA (Rural Areas) Zoning District. 23 Page 2 of 2 • In 2017 Frederick County amended the setbacks for accessory structures located along private R-O-W from 60 ft. to 45 ft. • This 1.00+/- acre property cannot meet the current 45 ft. setback due to the location to the well and drain field. Code of Virginia & Frederick County Zoning Ordinance: The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that no variance shall be granted unless the application can meet the following requirements: a) The property interest for which the variance is being requested was acquired in good faith; b) Any hardship was not created by the applicant for the variance; c) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; d) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; e) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property; and f) The relief or remedy sought by the variance is not available through a conditional use permit process or the process for modification of a Zoning Ordinance. Summary & Requested Action: This proposed variance appears to be consistent with the character of the district; and meets the intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a request for a variance from the current accessory structure setbacks off a private R-O-W of the RA Zoning District may be appropriate. Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this variance application. 24 61 A 99A 2607 CEDAR CREEK GR 2629 CEDAR CREEK GR 2651 CEDAR CREEK GR 2687 CEDAR CREEK GR µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: January 22, 2026 STONY ME A DE DRGRAVENSTEIN CTCEDAR CREEK GR0 80 16040 Feet VAR # 01 - 26: Richard L. Molden PIN: 61 - A - 99A Right Side Variance Zoning Map Application Parcels VAR #01-26 25 61 A 99A 2629 CEDAR CREEK GR 2651 CEDAR CREEK GR 2687 CEDAR CREEK GR 2607 CEDAR CREEK GR µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: January 22, 2026 STONY ME A DE DRGRAVENSTEIN CTCEDAR CREEK GR0 80 16040 Feet VAR # 01 - 26: Richard L. Molden PIN: 61 - A - 99A Right Side Variance Location Map Application Parcels VAR #01-26 26 27 28 29 30 31 32 33 34 Board of Zoning Appeals Agenda Item Detail Meeting Date: February 17, 2026 Agenda Section: Public Hearings Title: Variance #02-26 for James & Angela Payton Attachments: BZA02-17-26VAR02-26_Redacted.pdf 35 VARIANCE #02-26 Applicant Name: James and Angela Payton Staff Report for the Board of Zoning Appeals (BZA) Prepared: February 3, 2026 Staff Contact: Mark Cheran, Zoning Administrator Hearing Schedule BZA: February 17, 2026 Action: Pending Property Information Property Identification Number (PIN) 45-2-B Address 942 Gun Club Road Magisterial District Stonewall Acreage 1.11 +/- acres Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District Land Use: Residential Adjoining Property Zoning & Present Land Use North: RA (Rural Areas) District Land Use: Residential South: RA (Rural Areas) District Land Use: Residential East: RA (Rural Areas) District Land Use: Residential West : RA (Rural Areas) District Land Use: Residential Variance Requested & Reasoning The applicant is requesting a 5.6 feet variance to a required 50 feet left yard setback which will result in a 44.4 feet left yard setback for an addition. Reason: This property cannot meet the current RA setbacks. Minimum Variance Requested Resulting Setback Front 60-ft N/A N/A Left 50-Ft 5.6-ft 44.7-Ft Right 50-Ft N/A N/A Rear 50-Ft N/A N/A Staff Comments: • This 1.11 -acre property was created in 1977. • The Frederick County historical zoning map shows this property as being zoned A-2 (Agricultural General) at the adoption of the Zoning Ordinance in 1967. The property 36 Page 2 of 2 setback lines at the adoption of the Zoning Ordinance were 35 feet for the front, 15 feet side yard and 35 feet rear yard. • Frederick County amended its ordinance in 1989 to change the A2 Zoning District to the current RA Zoning District, making the current setbacks for this property 60 feet front, 50 feet side yard, and 50 feet rear yard. The current RA setbacks limit the buildable area for an addition. The adjoining properties were built prior to the amendment of the setbacks. The parcel is less than the current RA Zoning District setback allows. Code of Virginia & Frederick County Zoning Ordinance: The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that no variance shall be granted unless the application can meet the following requirements: a) The property interest for which the variance is being requested was acquired in good faith; b) Any hardship was not created by the applicant for the variance; c) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; d) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; e) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property; and f) The relief or remedy sought by the variance is not available through a conditional use permit process or the process for modification of a Zoning Ordinance. Summary & Requested Action: This proposed variance appears to be consistent with the character of the district; and meets the intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a request for a variance from the current setbacks of the RA Zoning District and may be appropriate. Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this variance application. 37 G U N C L U B R D 45 2 B 958 GUN CLUB RD 948 GUN CLUB RD 976 GUN CLUB RD 920 GUN CLUB RD 1010 GUN CLUB RD 1010 GUN CLUB RD 961 GUN CLUB RD µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: January 27, 2026 OAK H I L L L N HOM E S T E A D PL EDGEHILL DRG U N C L U B R D OLD CHARL E S TOWN RDSLATE LNStephenson 0 70 14035 Feet VAR # 02 - 26: James and Angela Payton PIN: 45 - 2 - B Left Side Variance Zoning Map Application Parcels VAR #02-26 38 G U N C L U B R D 45 2 B 958 GUN CLUB RD 948 GUN CLUB RD 976 GUN CLUB RD 1010 GUN CLUB RD 1010 GUN CLUB RD 961 GUN CLUB RD 920 GUN CLUB RD µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: January 27, 2026 OAK H I L L L N HOM E S T E A D PL EDGEHILL DRG U N C L U B R D OLD CHARL E S TOWN RDSLATE LNStephenson 0 70 14035 Feet VAR # 02 - 26: James and Angela Payton PIN: 45 - 2 - B Left Side Variance Location Map Application Parcels VAR #02-26 39 40 41 42 43 44 45 46 47 48 Board of Zoning Appeals Agenda Item Detail Meeting Date: February 17, 2026 Agenda Section: Public Hearings Title: Variance #03-26 for Aliya Small Attachments: BZA02-17-26VAR03-26_Redacted.pdf 49 VARIANCE #03-26 Applicant Name: Aliya Small (Darcy Ann Redding) Staff Report for the Board of Zoning Appeals (BZA) Prepared: February 3, 2026 Staff Contact: Mark Cheran, Zoning Administrator Hearing Schedule BZA: February 17, 2026 Action: Pending Property Information Property Identification Number (PIN) 55N-1-4-154 Address 109 Triangle Court Magisterial District Red Bud Acreage 0.31+/- acres Zoning & Present Land Use Zoning: RP (Residential Performance) District Land Use: Residential Adjoining Property Zoning & Present Land Use North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: RP (Residential Performance) Land Use: Residential Variance Requested & Reasoning The applicant is requesting a 7.5 feet variance to a required 25 feet rear yard setback which will result in a 17.5 feet rear yard setback for a covered patio. Reason: This property shape cannot meet the current rear setbacks. Minimum Variance Requested Resulting Setback Front 35-Ft N/A N/A Left 10-Ft N/A N/A Right 10-Ft N/A N/A Rear 25-Ft 7.5-ft 17.5-Ft Staff Comments: • This 0.31-acre property was created in 2022. • This property is currently zoned RP (Residential Performance) with setback lines of 35 feet for the front, 10 feet side yards and 25 feet rear yard. 50 Page 2 of 2 The Applicant applied for a 7.5 feet rear variance due to the unique shape and size of the lot. The resulting variance will be 17.5 fee for a covered patio. Code of Virginia & Frederick County Zoning Ordinance: The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that no variance shall be granted unless the application can meet the following requirements: a) The property interest for which the variance is being requested was acquired in good faith; b) Any hardship was not created by the applicant for the variance; c) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; d) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; e) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property; and f) The relief or remedy sought by the variance is not available through a conditional use permit process or the process for modification of a Zoning Ordinance. Summary & Requested Action: This proposed variance appears to be consistent with the character of the district; and meets the intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a request for a variance from the current rear setbacks of the RP Zoning District and may be appropriate. Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this variance application. 51 TRIA N G L E C T 55N 1 4 154 119 TRIANGLE CT 187 WILLIAMSON RD 107 PETRY CT 105 PETRY CT 105 TRIANGLE CT 108 TRIANGLE CT 110 TRIANGLE CT 112 TRIANGLE CT 114 TRIANGLE CT 185 WILLIAMSON RD 181 WILLIAMSON RD 179 WILLIAMSON RD µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: January 28, 2026 A B R A M S P O I N T E BL V D HAROLDCTPETRYCTJENI CT SHUONER CT WILLIAM S O N R D SU N D I A L C T RIDGE R D M A L B E C C T TRIA N G L E C T P A W N C T 0 40 8020 Feet VAR # 03 - 26: Aliyah Small PIN: 55N - 1 - 4 - 154 Rear Yard Variance Zoning Map Application Sewer and Water Service Area Parcels RP (Residential Performance District) VAR #03-26 52 TRIA N G L E C T 55N 1 4 154 107 PETRY CT 105 PETRY CT 105 TRIANGLE CT 108 TRIANGLE CT 110 TRIANGLE CT 112 TRIANGLE CT 114 TRIANGLE CT 185 WILLIAMSON RD 181 WILLIAMSON RD 179 WILLIAMSON RD 119 TRIANGLE CT 187 WILLIAMSON RD µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: January 28, 2026 A B R A M S P O I N T E BL V D HAROLDCTPETRYCTJENI CT SHUONER CT WILLIAM S O N R D SU N D I A L C T RIDGE R D M A L B E C C T TRIA N G L E C T P A W N C T 0 40 8020 Feet VAR # 03 - 26: Aliyah Small PIN: 55N - 1 - 4 - 154 Rear Yard Variance Location Map Application Sewer and Water Service Area Parcels VAR #03-26 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Board of Zoning Appeals Agenda Item Detail Meeting Date: February 17, 2026 Agenda Section: Public Hearings Title: Variance #04-26 for Cline Manor VA LLC Attachments: BZA02-17-26VAR04-26_Redacted.pdf 75 VARIANCE #04-25 Applicant Name: Cline Manor VA LLC Staff Report for the Board of Zoning Appeals (BZA) Prepared: February 3, 2026 Staff Contact: Mark Cheran, Zoning Administrator Hearing Schedule BZA: February 17, 2026 Action: Pending Property Information Property Identification Number (PIN) 63-A-37 Address 3266 Valley Pike Magisterial District Back Creek Acreage 4.20+/- acres Zoning & Present Land Use Zoning: RP (Residential Performance) Zoning District Land Use: Residential Adjoining Property Zoning & Present Land Use North: RP (Residential Performance) Land Use: Residential South: B2 (General Business) Land Use: Business East: B3 (Industrial Transition) Land Use: Business West : RP (residential Performance) Land Use: Residential Variance Requested & Reasoning The applicant is requesting variance of an inactive buffer of 25 feet with full screening together with an active buffer of 25 feet. A 35 feet inactive road buffer with full screening with a 40 feet active road buffer. Reason: This property cannot meet the current buffer requirements due to its shape. Minimum Variance Requested Resulting Setback Front N/A N/A N/A Left N/A N/A N/A Right N/A N/A N/A Rear N/A N/A N/A Staff Comments: This 4.20-acre property was created in the 1950’s prior to Frederick County adopting Zoning. The Frederick County historical zoning map shows this property as being zoned R2 (Residential General) at the adoption of the Zoning Ordinance in 1967. The Applicant 76 Page 2 of 3 applied to Frederick County for a revitalization and tax abatement district for multifamily workforce and qualify low-income housing. This project is for a forty-eight (48) unit multifamily apartment building, The Applicant applied for a variance to reduce the residential separation buffer from 25-feet active buffer and 25-feet inactive buffer from 100-feet to allow a full screen buffer of 50-feet. The Applicant has also applied for a reduced the inactive road efficiency from 40 feet to 35 feet with full screening. The Applicant believes the property shape and boundary of the property is exceptional, non- standard, and is not repeated within Frederick County. The current buffer requirements of the Zoning Ordinance limit the buildable area to allow forty-eight (48) unit apartment building on the property. Frederick County amended its ordinance in 1989 to change the R2 Zoning District to the current RP Zoning District; Frederick County amended its Zoning Ordinance in 1973 to add buffer requirements within the zoning districts. The provision of the Zoning Ordinance has been updated throughout the years as needed. The last update of the buffer requirements was done in 2023. Furthermore, the Applicant contends that the buffer requirements imposed for development on the property produced hardship and will result in an unreasonable use of the property. The property was acquired in good faith. However, the Applicant should have understood all the zoning requirements and restrictions for developing the property. The Applicant could add additional property to increase the size and shape this property to accommodate the buffer requirements to develop the property. The Board of Zoning Appeals should take into consideration not what the property is being developed for, but the variance that is being applied for. In this case, the property owner should have done their due diligence as to the development restrictions that will be placed on this property prior to acquiring it. Frederick County Code does not produce an undue hardship as the hardship is self-inflicted by the applicant. Code of Virginia & Frederick County Zoning Ordinance: The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that no variance shall be granted unless the application can meet the following requirements: a) The property interest for which the variance is being requested was acquired in good faith; b) Any hardship was not created by the applicant for the variance; c) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; 77 Page 3 of 3 d) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; e) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property; and f) The relief or remedy sought by the variance is not available through a conditional use permit process or the process for modification of a Zoning Ordinance. Summary & Requested Action: This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2-2209 (2), and the Frederick County Zoning Ordinance. Specifically, Section 165-201.05 of the Frederick County Zoning Ordinance does not produce an unreasonable restriction or hardship on the property. Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this variance application. 78 £¤11KNOLLW O O D CT PLAINF I E L D D R VALLEYPIKE63 A 37 301 KNOLLWOOD CT 3257 VALLEY PIKE 3283 VALLEY PIKE 3321 VALLEY PIKE 3277 VALLEY PIKE 3248 VALLEY PIKE 107 BUCKWOOD LN 3302 VALLEY PIKE 101 TANGLEWOOD LN 103 TANGLEWOOD LN 105 TANGLEWOOD LN 107 TANGLEWOOD LN 207 KNOLLWOOD CT 209 KNOLLWOOD CT 211 KNOLLWOOD CT 308 KNOLLWOOD CT 304 KNOLLWOOD CT 130 PLAINFIELD DR 128 PLAINFIELD DR 126 PLAINFIELD DR 124 PLAINFIELD DR 122 PLAINFIELD DR 112 PLAINFIELD DR 110 PLAINFIELD DR 106 PLAINFIELD DR 113 PLAINFIELD DR 109 PLAINFIELD DR 105 PLAINFIELD DR 3212 VALLEY PIKE 3222 VALLEY PIKE 3232 VALLEY PIKE 3242 VALLEY PIKE 303 KNOLLWOOD CT 305 KNOLLWOOD CT 3267 VALLEY PIKE 3258 VALLEY PIKE 109 TANGLEWOOD LN 111 TANGLEWOOD LN 205 KNOLLWOOD CT 213 KNOLLWOOD CT 103 PLAINFIELD DR 136 PLAINFIELD DR134 PLAINFIELD DR 132 PLAINFIELD DR 120 PLAINFIELD DR 118 PLAINFIELD DR 116 PLAINFIELD DR 114 PLAINFIELD DR 133 PLAINFIELD DR 129 PLAINFIELD DR 127 PLAINFIELD DR 121 PLAINFIELD DR 100 ROSEWOOD LN 201 KNOLLWOOD CT µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: January 28, 2026 £¤11 VALLEY PIKEAPPLE VALLEY RDTANGLEWOODLNSHADYELM RDROSEWOOD LNNUTMEG LN PLAINFIELD DRRIDGECRESTCTCRANBERRY CT DOONBE G CT SH A W N E E D R 0 150 30075 Feet VAR # 04 - 26: Cline Manor VA LLC PIN: 63 - A - 37 Variance Zoning Map Application Sewer and Water Service Area Parcels B2 (General Business District) B3 (Industrial Transition District) M2 (Industrial General District) RP (Residential Performance District) VAR #04-26 79 £¤11KNOLLW O O D CT PLAINF I E L D D R VALLEYPIKE63 A 37 301 KNOLLWOOD CT 3257 VALLEY PIKE 107 BUCKWOOD LN 3302 VALLEY PIKE 101 TANGLEWOOD LN 103 TANGLEWOOD LN 105 TANGLEWOOD LN 107 TANGLEWOOD LN 207 KNOLLWOOD CT 209 KNOLLWOOD CT 211 KNOLLWOOD CT 308 KNOLLWOOD CT 304 KNOLLWOOD CT 130 PLAINFIELD DR 128 PLAINFIELD DR 126 PLAINFIELD DR 124 PLAINFIELD DR 122 PLAINFIELD DR 112 PLAINFIELD DR 110 PLAINFIELD DR 106 PLAINFIELD DR 113 PLAINFIELD DR 109 PLAINFIELD DR 105 PLAINFIELD DR 3212 VALLEY PIKE 3222 VALLEY PIKE 3232 VALLEY PIKE 3242 VALLEY PIKE 3283 VALLEY PIKE 3321 VALLEY PIKE 3277 VALLEY PIKE 3248 VALLEY PIKE 303 KNOLLWOOD CT 305 KNOLLWOOD CT 109 TANGLEWOOD LN 111 TANGLEWOOD LN 205 KNOLLWOOD CT 213 KNOLLWOOD CT 103 PLAINFIELD DR 136 PLAINFIELD DR134 PLAINFIELD DR 132 PLAINFIELD DR 120 PLAINFIELD DR 118 PLAINFIELD DR 116 PLAINFIELD DR 114 PLAINFIELD DR 133 PLAINFIELD DR 129 PLAINFIELD DR 127 PLAINFIELD DR 121 PLAINFIELD DR 100 ROSEWOOD LN 201 KNOLLWOOD CT 3267 VALLEY PIKE 3258 VALLEY PIKE µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: January 28, 2026 £¤11 VALLEY PIKEAPPLE VALLEY RDTANGLEWOODLNSHADYELM RDROSEWOOD LNNUTMEG LN PLAINFIELD DRRIDGECRESTCTCRANBERRY CT DOONBE G CT SH A W N E E D R 0 150 30075 Feet VAR # 04 - 26: Cline Manor VA LLC PIN: 63 - A - 37 Variance Location Map Application Sewer and Water Service Area Parcels VAR #04-26 80 81 82 83 84 85 86 87 88 / /// /// /// /// /// /// /// /// /// /// /// // / // / // / // / // / // / // / // / // / // / // / // / /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// //VALLEY PIKERTE. 1180' R.O.W.POSTED SPEED: 35 MPHN/F:MINOR DAVID LPARCEL ID:63 A 36ZONED: RPN/F:ROY CLARENCE EPARCEL ID:63 A 35ZONED: RPN/F:LINK JACQUELYNPARCEL ID:63 A 34ZONED: RPN/F:AMERICAN ASSETS MANAGEMENT LLCPARCEL ID:63 A 38ZONED: RPN/F:WOODBROOK VILLAGEHOMEOWNERS ASSOCPARCEL ID:63B 2 2 58AZONED: RPN/F:PLUMBER JOYCE MPARCEL ID:63B 1 13ZONED: RPN/F:SYNOWIETZ PETERPARCEL ID:63B 1 14ZONED: RPN/F:LANTZ SUSAN DPARCEL ID:63B 1 15ZONED: RPN/F:HOWARD JOHN JPARCEL ID:63B 1 16ZONED: RPN/F:SAOM LLCPARCEL ID:63B 1 BZONED: B2N/F:SAOM LLCPARCEL ID:63B 1 CZONED: B2EX. BUILDING(TO BE DEMOLISHED)EX. BUILDING(TO BE DEMOLISHED)±30'±53'±103'±109'±65'±101'N/F:RITTER CLINTON R ETALST:\Projects\RVA_Projects\32171-001_Cline Manor-Ph.I_Surber_Frederick Co VA\Engineering\CAD\Concepts\3266 VALLEY PIKE.dwg | 01/28/26 4:13pm | cpalmoreCLINE MANOREXISTING CONDITIONS3266 VALLEY PIKE , FREDERICK COUNTY, VIRGINIA.DATE: JANUARY 9, 2026SCALE: 1" = 40'EXHIBIT ASITE LOCATION MAP ~ SCALE: 1"=1000'1 inch =GRAPHIC SCALEfeet40402004080SHAWNEE DR.NAD 83 VALLEY PIKEI-81 SITE1703 N. Parham Rd. Suite 202 Henrico, Va 23229(804) 740-9200 FAX (804) 740-7338 www.KBJWgroup.com89 / // / // / // / // / // / // / // / // / // / // / // / // / // / // / /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// //VALLEY PIKERTE. 1180' R.O.W.POSTED SPEED: 35 MPHN/F:MINOR DAVID LPARCEL ID:63 A 36ZONED: RPN/F:ROY CLARENCE EPARCEL ID:63 A 35ZONED: RPN/F:LINK JACQUELYNPARCEL ID:63 A 34ZONED: RPN/F:AMERICAN ASSETS MANAGEMENT LLCPARCEL ID:63 A 38ZONED: RPN/F:WOODBROOK VILLAGEHOMEOWNERS ASSOCPARCEL ID:63B 2 2 58AZONED: RPN/F:PLUMBER JOYCE MPARCEL ID:63B 1 13ZONED: RPN/F:SYNOWIETZ PETERPARCEL ID:63B 1 14ZONED: RPN/F:LANTZ SUSAN DPARCEL ID:63B 1 15ZONED: RPN/F:HOWARD JOHN JPARCEL ID:63B 1 16ZONED: RPN/F:SAOM LLCPARCEL ID:63B 1 BZONED: B2N/F:SAOM LLCPARCEL ID:63B 1 CZONED: B2818'(TYP)24'(TYP)VANVAN575'INACTIVE25'ACTIVE24'(TYP)75'INACTIVE25'ACTIVE75'INACTIVE25'ACTIVE40'INACTIVE40'ACTIVET:\Projects\RVA_Projects\32171-001_Cline Manor-Ph.I_Surber_Frederick Co VA\Engineering\Info from Proposal Phase\CAD\3266 VALLEY PIKE_CP-6.dwg | 01/29/26 9:52am | cpalmoreCLINE MANORSITE LAYOUT - EXISTING BUFFER3266 VALLEY PIKE , FREDERICK COUNTY, VIRGINIA.DATE: JANUARY 28, 2026SCALE: 1" = 30'EXHIBIT B1703 N. Parham Rd. Suite 202 Henrico, Va 23229(804) 740-9200 FAX (804) 740-7338 www.KBJWgroup.comSITE LOCATION MAP ~ SCALE: 1"=1000'ENGINEER:SITE DATASITE ADDRESS:3266 VALLEY PIKEWINCHESTER, VIRGINIA 22602EXISTING USE:PIN: 63A37HYDROLOGIC UNIT CODE: 020700040901UNIT NAME: OPEQUON CREEKRECEIVING WATERS: SULPHER SPRING RUNKOONTZ BRYANT JOHNSON WILLIAMS, INC1703 NORTH PARHAM ROAD, SUITE 202HENRICO, VIRGINIA 23229CONTACT: F. CAMERON PALMORE, P.E.PHONE: (804) 200-1900 ~ FAX: (804) 740-7338EMAIL: CPALMORE@KBJWGROUP.COMRESIDENTIALMAP REFERENCE:PARCEL ZONING:PARCEL AREA:±4.2 ACRES (TOTAL)PARKING:PARKING REQUIRED: 96 SPACES (2 SPACES PER UNIT)PARKING PROVIDED: 13 SPACESU.D. ACCESSIBLE SPACES REQUIRED: 10 (10%)U.D. ACCESSIBLE SPACES PROVIDED: 5OWNER:RITTER CLINTON R ETALS23 RICHMOND RD.FRONT ROYAL, VIRGINIA 22630PHONE:EMAIL:DISTRICT:BACK CREEK MAGISTERIAL DISTRICTBUILDING INFO:NO. OF APARTMENT BUILDINGS: 1NO. OF APARTMENT UNITS: 48 (20 UNITS/AC)GENERAL NOTES1.THIS PLAN IS FOR CONCEPTUAL PURPOSES ONLY. THE FEASIBILITY OF THIS LAYOUT HASYET TO BE FULLY DETERMINED.2.PLANIMETRICS AND PROPERTY INFORMATION ARE COMPILED FROM EXISTING DESIGNPLANS, AS-BUILT PLANS, GIS DATA, AND OBSERVATIONS FROM A SITE VISIT.3.A GENERAL REVIEW OF ZONING REQUIREMENTS WAS DONE IN PREPARING THISCONCEPT; HOWEVER, THE CONCEPT DOES NOT BENEFIT FROM FORMAL MEETINGS ANDREVIEWS FROM THE GOVERNMENTAL AGENCIES HAVING JURISDICTION WHICH MAYUNCOVER ADDITIONAL CONSTRAINTS.4.SITE AND DESIGN RELATED CONSTRAINTS INCLUDING BUT NOT LIMITED TO GRADING,STORM WATER MANAGEMENT, WATER, SANITARY SEWER, STORM SEWER, DRY UTILITIES,ENVIRONMENTAL FEATURES, AND EXISTING SOIL CONDITIONS WERE NOT FULLYCONSIDERED WITH THIS EARLY CONCEPTUAL LEVEL LAYOUT.BUILDING HEIGHT:RP (RESIDENTIAL PERFORMANCE DISTRICT)MAXIMUM DENSITY 20 UNITS/ACREOPEN SPACE REQUIRED (OVERALL) = 1.26 AC. (30%)SHAWNEE DR.SIX (6) STORIES (TYP. MAX ALLOWABLE 60')NAD 83 VALLEY PIKEI-81DEVELOPER\APPLICANT:SURBER DEVELOPMENT AND CONSULTING LLCCONTACT: JEN SURBER120 GREENTREE CIRCLE ROADBRISTOL, VIRGINIA 24201CONTACT: JEN SURBERPHONE: (276) 698-8760EMAIL:JENSURBER@SURBERDEV.COMPROPOSED USE:MULTI-FAMILY APARTMENTSSITE NOTES1.REQUIRED STORMWATER MANAGEMENT\BMP FACILITIES TO BE LOCATED UNDERGROUND.2.REQUIRED PARKING WOULD NEED TO BE MET WITH ALTERNATIVE METHODS.SITEPHASEBLDG #1AREA (AC)0.3PHASE SUMMARYAREAS BASED ON GIS INFORMATIONSUBJECT TO CHANGELEGENDPR. BUILDINGSPR. PAVEMENT(PARKING\TRAVELWAYS)PR. CONCRETESIDEWALK\PADOPEN SPACE AREASBUFFER1 inch =GRAPHIC SCALEfeet30301503060PR. PAVEMENT(SHARED VEHICLE &PEDESTRIAN USE)90 / // / // / // / // / // / // / // / // / // / // / // / // / // / // / /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// //VALLEY PIKERTE. 1180' R.O.W.POSTED SPEED: 35 MPH18'(TYP)18'(TYP)24'(TYP)18'(TYP)18'(TYP)24'(TYP)RECREATIONAREA(±3,700 S.F.)OUTDOOR AMENITYSPACE (±1,300 S.F.)N/F:MINOR DAVID LPARCEL ID:63 A 36ZONED: RPN/F:ROY CLARENCE EPARCEL ID:63 A 35ZONED: RPN/F:LINK JACQUELYNPARCEL ID:63 A 34ZONED: RPN/F:AMERICAN ASSETS MANAGEMENT LLCPARCEL ID:63 A 38ZONED: RPN/F:WOODBROOK VILLAGEHOMEOWNERS ASSOCPARCEL ID:63B 2 2 58AZONED: RPN/F:PLUMBER JOYCE MPARCEL ID:63B 1 13ZONED: RPN/F:SYNOWIETZ PETERPARCEL ID:63B 1 14ZONED: RPN/F:LANTZ SUSAN DPARCEL ID:63B 1 15ZONED: RPN/F:HOWARD JOHN JPARCEL ID:63B 1 16ZONED: RPN/F:SAOM LLCPARCEL ID:63B 1 BZONED: B2N/F:SAOM LLCPARCEL ID:63B 1 CZONED: B224'(TYP)25' INACTIVE 25'INACTIVE25'INACTIVE71010VANVAN1010991010VANVAN1070'1024'(TYP)25'ACTIVE25'ACTIVE25' ACTIVE 25'ACTIVE35'INACTIVE40'ACTIVE25'INACTIVET:\Projects\RVA_Projects\32171-001_Cline Manor-Ph.I_Surber_Frederick Co VA\Engineering\Info from Proposal Phase\CAD\3266 VALLEY PIKE_CP-4.dwg | 01/29/26 9:51am | cpalmoreCLINE MANORSITE LAYOUT-PROPOSED BUFFER3266 VALLEY PIKE , FREDERICK COUNTY, VIRGINIA.DATE: JANUARY 28, 2026SCALE: 1" = 30'EXHIBIT C1703 N. Parham Rd. Suite 202 Henrico, Va 23229(804) 740-9200 FAX (804) 740-7338 www.KBJWgroup.comSITE LOCATION MAP ~ SCALE: 1"=1000'LEGENDPR. BUILDINGSPR. PAVEMENT(PARKING\TRAVELWAYS)PR. CONCRETESIDEWALK\PADOPEN SPACE AREASENGINEER:SITE DATASITE ADDRESS:3266 VALLEY PIKEWINCHESTER, VIRGINIA 22602EXISTING USE:PIN: 63A37HYDROLOGIC UNIT CODE: 020700040901UNIT NAME: OPEQUON CREEKRECEIVING WATERS: SULPHER SPRING RUNKOONTZ BRYANT JOHNSON WILLIAMS, INC1703 NORTH PARHAM ROAD, SUITE 202HENRICO, VIRGINIA 23229CONTACT: JONATHAN COSBY, P.E.PHONE: (804) 200-1933 ~ FAX: (804) 740-7338EMAIL: JCOSBY@KBJWGROUP.COMRESIDENTIALMAP REFERENCE:PARCEL ZONING:PARCEL AREA:±4.2 ACRES (TOTAL)PARKING:PARKING REQUIRED: 96 SPACES (2 SPACES PER UNIT)PARKING PROVIDED: 105 SPACESU.D. ACCESSIBLE SPACES REQUIRED: 10 (10%)U.D. ACCESSIBLE SPACES PROVIDED: 10OWNER:RITTER CLINTON R ETALS23 RICHMOND RD.FRONT ROYAL, VIRGINIA 22630PHONE:EMAIL:DISTRICT:BACK CREEK MAGISTERIAL DISTRICTBUILDING INFO:NO. OF APARTMENT BUILDINGS: 1NO. OF APARTMENT UNITS: 48 (20 UNITS/AC)GENERAL NOTES1.THIS PLAN IS FOR CONCEPTUAL PURPOSES ONLY. THE FEASIBILITY OF THIS LAYOUT HASYET TO BE FULLY DETERMINED.2.PLANIMETRICS AND PROPERTY INFORMATION ARE COMPILED FROM EXISTING DESIGNPLANS, AS-BUILT PLANS, GIS DATA, AND OBSERVATIONS FROM A SITE VISIT.3.A GENERAL REVIEW OF ZONING REQUIREMENTS WAS DONE IN PREPARING THISCONCEPT; HOWEVER, THE CONCEPT DOES NOT BENEFIT FROM FORMAL MEETINGS ANDREVIEWS FROM THE GOVERNMENTAL AGENCIES HAVING JURISDICTION WHICH MAYUNCOVER ADDITIONAL CONSTRAINTS.4.SITE AND DESIGN RELATED CONSTRAINTS INCLUDING BUT NOT LIMITED TO GRADING,STORM WATER MANAGEMENT, WATER, SANITARY SEWER, STORM SEWER, DRY UTILITIES,ENVIRONMENTAL FEATURES, AND EXISTING SOIL CONDITIONS WERE NOT FULLYCONSIDERED WITH THIS EARLY CONCEPTUAL LEVEL LAYOUT.BUILDING HEIGHT:RP (RESIDENTIAL PERFORMANCE DISTRICT)MAXIMUM DENSITY 20 UNITS/ACREOPEN SPACE REQUIRED (OVERALL) = 1.26 AC. (30%)OPEN SPACE PROVIDED (OVERALL) = 1.13 AC. (26.8%)**WAIVER REQ'D W/ ADDITIONAL RECREATION PER FREDERICKCOUNTY Z.O. 165-402.07D & 165-402.08.SHAWNEE DR.FOUR (4) STORIES (±55 TO RIDGE) (MAX ALLOWABLE 60')NAD 83 VALLEY PIKEI-81DEVELOPER\APPLICANT:SURBER DEVELOPMENT AND CONSULTING LLCCONTACT: JEN SURBER120 GREENTREE CIRCLE ROADBRISTOL, VIRGINIA 24201CONTACT: JEN SURBERPHONE: (276) 698-8760EMAIL:JENSURBER@SURBERDEV.COMPROPOSED USE:MULTI-FAMILY APARTMENTSSITE NOTES1.LAYOUT DOES NOT PROVIDE FOR MINIMUM 30% OPEN SPACE, WAIVER REQUIRED BYFREDERICK COUNTY B.O.S. PROVIDED ACTIVE RECREATIONAL AREAS ARE PROVIDED.2.ZONING ORDINANCE REQUIRES A MAXIMUM IMPERVIOUS RATIO OF 0.60 OR ±2.52 ACRESFOR THIS SITE, LAYOUT EXCEEDS MAXIMUM RATIO, PARKING AREAS MAY NEED TO BEDESIGNED AS PERMEABLE PAVEMENT TO MEET REQUIREMENT.3.REQUIRED STORMWATER MANAGEMENT\BMP FACILITIES TO BE LOCATED UNDERGROUND.SITEPHASEBLDG #1 (PH.I)AREA (AC)2.7PHASE SUMMARYAREAS BASED ON GIS INFORMATIONSUBJECT TO CHANGE1 inch =GRAPHIC SCALEfeet30301503060BUFFER91 Exhibit D 92 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 1 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 26, 2025 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Austin Cano, Interim County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Kayla Peloquin, Planner I; Cheryl Shiffler, Finance Director; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Associate Pastor David Whitacre of Open Door Baptist Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda. Supervisor Lockridge seconded the motion which carried on a voice vote. CITIZEN COMMENTS Leslie Spencer, Gainesboro District, urged the Board to pause before considering the Cline Manor Revitalization Resolution and Tax Abatement request. Christiana Maw, Back Creek District, spoke in favor of an ordinance amendment addressing backyard chickens. 93 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 2 ADOPTION OF CONSENT AGENDA – APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye - Approval of the Work Session & Regular Meeting Minutes of February 13, 2025 – CONSENT AGENDA APPROVAL - Approval of Work Session Minutes of February 19, 2025 – CONSENT AGENDA APPROVAL - Acceptance of Public Works Committee Report of January 28, 2025 - CONSENT AGENDA APPROVAL, Appendix 1 - Acceptance of Finance Committee Report of February 19, 2025 - CONSENT AGENDA APPROVAL, Appendix 2 - Acceptance of the FY 2024 Annual Comprehensive Financial Report (ACFR)- CONSENT AGENDA APPROVAL - Approval of Revisions to County Code – Chapter 143 – Stormwater/Erosion and Sediment Control Ordinance as Requested by the Public Works Committee - CONSENT AGENDA APPROVAL ORDINANCE TO AMEND FREDERICK COUNTY CODE CHAPTER 143 – STORMWATER/EROSION AND SEDIMENT CONTROL §143-100 Purpose; §143-105 Authority; and §143-110 Definitions WHEREAS, the Virginia Department of Environmental Quality (DEQ) adopted new regulations related to stormwater management and erosion and sediment control; and WHEREAS, the new regulation is 9VAC25-875-00 and the changes in the state regulations require that Frederick County update the County Code, Chapter 143, Stormwater and Erosion and Sediment Control, to stay in compliance. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in the interest of public health, safety, and general welfare, the amendment to Chapter 143, Stormwater and Erosion and Sediment Control as displayed in the attached document is adopted. + + + + + + + + + + + + + + 94 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 3 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn referenced the Board’s denial of Comprehensive Plan Amendment (CPPA) #01- 24, Appleland Properties, following a public hearing at the most recent meeting of February 13, 2025, and said he had learned more information that had not been presented to the Board at the time of the public hearing. He moved that the Board reschedule consideration of Comprehensive Plan Amendment (CPPA) #01-24, Appleland Properties, and set a public hearing for March 26, 2025. Supervisor Wells seconded the motion. Following discussion, the motion carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COUNTY OFFICIALS PRESENTATION OF THE BOARD'S RESOLUTION HONORING THE 2024 CLASS 4 ALL-STATE CHAMPION JAMES WOOD HIGH SCHOOL GIRLS’ VOLLEYBALL TEAM On behalf of the Board, Chairman Ludwig presented the signed and framed Resolution Honoring the 2024 Class 4 All-State Champion James Wood High School Girls’ Volleyball Team which was adopted by the Board of Supervisors at the meeting on February 13, 2025. The Champion James Wood High School Girls’ Volleyball Team and coaches were in attendance to receive the Resolution. + + + + + + + + + + + + + + 95 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 4 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS KENNETH BAKER APPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Supervisor Jewell moved to appoint Kenneth Baker to the Shawneeland Sanitary District Advisory Committee to fill an unexpired two-year term ending 10-25-25. Supervisor Wells seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye VAUGHN WHITACRE APPOINTED TO THE PLANNING COMMISSION AS GAINESBORO DISTRICT REP. - APPROVED Supervisor Lockridge moved to appoint Vaughn Whitacre to the Planning Commission as Gainesboro District Rep. to fill a four-year term ending 2-22-29. Supervisor Wells seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye COMMITTEE BUSINESS – FINANCE COMMITTEE LAKE HOLIDAY FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $231,898 – APPROVED Supervisor Lockridge moved for approval of the Finance Director’s request for a Lake Holiday Fund supplemental appropriation in the amount of $231,898. This amount represents the Bank of New York reserve funds used to pay off the Lake Holiday bond. Supervisor Liero seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye 96 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 5 PUBLIC HEARINGS (NON PLANNING ISSUES) – None PLANNING COMMISSION BUSINESS – PUBLIC HEARINGS – None PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS CAPITAL IMPROVEMENTS PLAN (CIP) 2025-2030 – APPROVED Director of Planning and Development Wyatt Pearson reviewed the timeline for adopting the CIP and noted the Board held a public hearing on the Plan on January 22, 2025, and postponed action. The Board and Mr. Pearson briefly discussed the CIP. Supervisor Jewell moved for adoption of the Capital Improvements Plan (CIP) 2025-2030. Supervisor Dunn seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye RESOLUTION ADOPTING THE 2025-2030 CAPITAL IMPROVEMENTS PLAN (CIP) WHEREAS, the Frederick County Comprehensive Plans and Programs Committee (CPPC) discussed the 2025-2030 Capital Improvements Plan (CIP) at their regular meeting on December 16th, 2024. The CPPC recommended approval of the CIP and affirmed that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, WHEREAS, the Frederick County Planning Commission discussed the 2025-2030 CIP at their regular meeting on January 15th, 2025, and recommended approval of the CIP affirming that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing and discussed the CIP at their regular meeting on January 22nd, 2025; and WHEREAS, the Frederick County Board of Supervisors supports the priorities shown in the 2025-2030 CIP and has affirmed the determination of the Planning Commission that the projects contained in the CIP conform to the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2025-2030 CIP for Frederick County, Virginia as an element of the Comprehensive Plan. + + + + + + + + + + + + + + 97 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 6 CLINE MANOR REVITALIZATION RESOLUTION AND TAX ABATEMENT - APPROVED Director of Planning and Development Wyatt Pearson explained that Surber Development and Consulting LLC (the Applicant) has requested the Board pass a Revitalization Area Resolution and Tax Abatement Ordinance to support their Low-Income Housing Tax Credit (LIHTC) application for a multi-family housing complex at 3266 Vally Pike (PIN 63-A -37). He said if approved, the applicant would include both requests in their LIHTC grant application. He added that the LIHTC program is a competitive process, and having the support of the local governing body via these two requests helps the Applicant's project score better and makes it more likely to receive a grant award. The applicant, Jen Surber of Surber Development and Consulting, discussed the proposal with the Board members including the annual recertifying of residents to ensure the income qualifications are being met. Supervisor Jewell moved for approval of the draft Revitalization Area Resolution. Supervisor Wells seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye A RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS DESIGNATING A REVITALIZATION AREA FOR THE PURPOSES OF ENCOURAGING MIXED-INCOME HOUSING DEVELOPMENT WHEREAS, pursuant to Section 36-55.30:2.A of the Code of Virginia of 1950, as amended, the Frederick County Board of Supervisors wants to designate as a Revitalization Area the property identified as Tax Map Number 63-A- 37, on which the multi-family apartment development known as Cline Manor proposes to locate; and WHEREAS, the industrial, commercial, or other economic development of such area will benefit the County but such area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare, or nonprofit enterprises or undertakings to locate or remain in such area; and WHEREAS, private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area; and WHEREAS, this resolution is predicated upon Cline Manor Development’s proposal to include an even mix of units ranging from 30% of the Area Median Income to 80% of the Area Median Income, providing a blended range of affordability within the development; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors, that the above-referenced development at Tax Map Number 63-A-37 is located in a Revitalization Area in the County of Frederick. 98 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 7 # # # Supervisor Jewell moved for adoption of the draft Tax Abatement Ordinance. Supervisor Wells seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye AN ORDINANCE TO PARTIALLY EXEMPT REAL ESTATE TAXATION FOR THE PROPOSED DEVELOPMENT OF PROPERTY KNOWN AS THE ESTATE OF PEGGY CARSON RITTER HENCEFORTH KNOWN AS CLINE MANOR VA LLC, LOCATED IN THE COUNTY OF FREDERICK, VIRGINIA, BY LOCAL CLASSIFICATION OR DESIGNATION FROM FULL ASSESSMENT OF TAXES: WHEREAS, ESTATE OF PEGGY CARSON RITTER, (hereinafter referred to as CLINE MANOR VA LLC) has applied to the Frederick County Board of Supervisors (hereinafter referred to as “the Board) for an ordinance providing it with partial tax-exempt status from the County of Frederick on real property taxes relating to the proposed development of CLINE MANOR VA LLC apartment complex in Frederick County, Virginia located on the Frederick County Tax Map Number 63-A-37 located at 3266 Valley Pike; and WHEREAS, the Board desires to support and encourage the development of said property by enacting an ordinance to provide CLINE MANOR VA LLC with a partial tax exemption from the County of Frederick’s real property taxes; and WHEREAS, the Virginia Code Section 58.1-3219.4, authorizes the County to enact such exemptions within the limitations therein prescribed and as may be prescribed by this Board; NOW, THEREFORE, BE IT ORDAINED pursuant to Section 58.1-3219.4 of the Code of Virginia that: 1. The real property of the Estate of Peggy Carson Ritter to be partially exempted hereby is located within the County of Frederick, Virginia, being tax map number 63-A-37 located at 3266 Valley Pike. 2. The Frederick County Board hereby finds that: a. The subject real property, along with improvements currently located thereon, is assessed at a total of Five Hundred Two Thousand Dollars and Zero Cents ($502,000) and the cost of the intended improvements is expected to be Nine Million Nine Hundred Thousand Dollars and Zero Cents ($9,900,000.00). b. The real property taxes that were paid by the subject property’s owner for tax year 2024 were Two Thousand Five Hundred Sixty Dollars and Twenty Cents ($2,560.20). The increase in value caused by the proposed improvements could result in an increase in the amount of total tax on this real property to the amount of Fifty One Thousand Three Hundred Forty Nine Dollars and Fifty Five Cents ($51,349.55). 3. The Board finds that CLINE MANOR VA LLC is an organization that proposes to develop housing structures for historically underprivileged residents in the County of Frederick, and nearby areas. The proposed development CLINE MANOR VA LLC will serve the County of Frederick, and its residents, as an affordable housing options. As such, said organization is eligible for a part exemption from the assessment of real property taxes as a result of said development under Virginia Code 58.1-3220, for a period of three (3) years, in an amount not to exceed Two-Thousand Dollars and Zero Cents ($2,000) annually. 4. The Board hereby exempts CLINE MANOR VA LLC from that portion of their real property taxes accruing as a result of an increase in property value by reason of the proposed improvements or Fifty Percent (50%) of the cost of such improvements, whichever is greater, but not to exceed Two Thousand Dollars ($2,000) 99 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 8 annually, for a period of three (3) tax years once all improvements are completed. a. The cost of improvements shall be presumed as shown on the building permit application. The proposed improvements are those described in the attached exhibit A which is hereby incorporated into this ordinance. b. The exemption hereby granted in contingent upon the following: i. CLINE MANOR VA LLC providing housing predominately for persons with low to moderate income as defined by Virginia Housing. This ordinance shall be in effect on the date of adoption. + + + + + + + + + + + + + + ORDINANCE AMENDMENT REGARDING BACKYARD CHICKENS – SENT FORWARD TO PUBLIC HEARING Planner Kayla Peloquin said that Ordinance amendments to allow backyard chickens in residential districts have been considered and denied by the Board of Supervisors in 2018, 2020, and 2022. She said this proposed ordinance amendment to allow backyard chickens as accessory to any single-family detached residence in the Residential Performance (RP), Residential Planned Community (R4), and Residential Recreational Community (R5) Zoning Districts was initiated at the request of a Board member. The Board and staff discussed lot sizes, the number of chickens proposed for each parcel, the need to clarify proper waste disposal methods, and the fact that a homeowners association’s rules could disallow would prevent chickens regardless of the County’s ordinance. Supervisor Dunn said he was not supportive of an ordinance allowing chickens in residential areas. Supervisor Jewell said he had constituents asking that the Board consider allowing chickens in certain residential areas. He moved for adoption of the draft Resolution Directing the Planning Commission to Hold A Public Hearing Regarding Chapter 165, Zoning Ordinance regarding backyard chickens. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ORDINANCE CHAPTER 165 – ZONING 100 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 9 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 402 – RP Residential Performance District WHEREAS, a proposal to amend Chapter 165 – Zoning Ordinance to add a definition for chicken coops, add additional regulations for backyard chickens and chicken coops, and add backyard chickens to the permitted uses in the RP (Residential Performance) District was considered; and WHEREAS, the amendment will be referred to the Development Review and Regulations Committee (DRRC) for review at their next regular meeting; and WHEREAS, the Board of Supervisors discussed the proposed changes on February 26, 2025; and WHEREAS, the Frederick County Board of Supervisors finds it appropriate in the public necessity, convenience, general welfare, and good zoning practice to direct the Frederick County Planning Commission to hold a public hearing regarding an amendment to Chapter 165 – Zoning Ordinance; NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning Commission hold a public hearing to consider changes to address Chapter 165 – Zoning Ordinance to add a definition for chicken coops, add additional regulations for backyard chickens and chicken coops, and add backyard chickens to the permitted uses in the RP (Residential Performance) District. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Liero provided updates from the Planning Commission and the Northern Shenandoah Valley Regional Commission. Supervisor Jewell provided an update from the Handley Regional Library Board. Chairman Ludwig provided an update from the Frederick Water Board. CITIZEN COMMENTS Scarlett Meadows, Stonewall District, expressed concern about the state of the County’s schools. She suggested a social worker be brought into the schools to listen to students’ concerns. 101 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 10 James Moulder, Back Creek District, said there is waste in government spending. He suggested the Board use the power of the purse to reign in the County schools. Vaughn Whitacre, Gainesboro District, thanked the Board for appointing him to the Planning Commission. He said the Board needs to see where the schools are spending tax dollars. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn thanked the County’s first responders for their service. He referenced a closed session meeting from 2024 and requested a copy of the audio recording. Supervisor Lockridge said the Board needs to hold the school system accountable. She thanked Scarlett Meadows for her remarks during the Citizen Comments period. She said she plans to meet with School Board Vice Chair Klein to discuss her concerns. Chairman Ludwig asked the public to come forward with any concerns about the schools adding that the Board of Supervisors gives money to the County Schools but does not direct the spending of funds. He discussed the decision of the Board at the work session earlier in the evening to advertise a possible real estate tax rate saying that it is a working cap, and the final adopted real estate tax rate will not be higher than what is advertised. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 8:35 p.m. 102 Exhibit E 103 104 BAILIWICK STRATEGIES LLC 406 West Franklin Street, First Floor P.O. Box 25309 Richmond, Virginia 23260 January 22, 2026 Updated January 28, 2026 By Email: County of Frederick Department of Planning and Development and Board of Zoning Appeals 107 North Kent Street Winchester, Virginia 22601 Attn: Wyatt Pearson, Director Wyatt.pearson@fcva.us Re: Revised Variance Applicant’s Report; 3266 Valley Pike (PIN 63 A 37) Dear Mr. Pearson: This letter shall serve as the applicant’s report supplementing the application to the Board of Zoning Appeals for a variance (the “Variance”) for the property consisting of approximately 4.20 acres located at 3266 Valley Pike (PIN 63 A 37) (the “Property”) in the County of Frederick, Virginia (the “County”) as shown on the enclosed plat prepared by Koontz Bryant Johnson Williams and entitled “Cline Manor Existing Conditions” dated January 29, 2026 and attached as Exhibit A (The “Plat”) and the Proposed Plan (as defined below). I represent Cline Manor VA LLC (the “Applicant”) in its request for approval of the Variance to authorize a residential development consisting of up to 48 multifamily apartment units (the “Proposal”), as conceptually shown on the conceptual site plan showing a four (4) story building and prepared by Koontz Bryant Johnson Williams and entitled “Site Layout – Proposed Buffer” dated January 28, 2025 and attached as Exhibit C (the “Proposed Plan”). The Applicant is the contract purchaser of the Property and is authorized to make this Variance application pursuant to the enclosed special limited powers of attorney from the owner of record, Clinton Ritter and George Ritter, as co-trustees of the estate of Peggy Carson Ritter. Variance Request. The Applicant seeks a Variance with respect to the 25’ active buffer and 75’ inactive buffer for multifamily use adjoining single family uses provided in County of Frederick Code Section 165-203.02 C and the 40’ active and 40’ inactive road buffers provided in Code Sec. 165-203.02 E, all as shown on Exhibit C. Specifically, the Applicant is requesting a Variance from the foregoing buffers to provide (i) an inactive buffer of 25’, with full screening, together with an active buffer of 25’ all as shown on Exhibit C, and (ii) a 35’ inactive road buffer, with full screening, together with a 40’active road buffer all as shown on Exhibit C. 105 County of Frederick January 22, 2026 Updated January 28, 2026 Page 2 PO Box 25309 Richmond, Virginia 23260 804.938.9818 mark@bailiwickstrategies.com Background: Board of Supervisors Adopted Ordinance and Resolution Regarding Proposal. The Proposal, in the general configuration proposed in the Proposed Plan, and with the general number and type of affordable multifamily units, was presented to, reviewed by, and unanimously a by the County Board of Supervisors in its adoption of the and revitalization district resolution tax abatement ordinance relating to the Proposal, each adopted on February 25, 2025, copies of which resolution and ordinance I enclose as Exhibits D and E (collectively, the “Adopted Papers”). The Adopted Papers evidence that County adopted an ordinance with force of law, and a resolution, specifically designating the the Property and the Proposal to be a multifamily affordable housing development for workforce and otherwise qualifying residents in low-income housing categories established under Federal programs, and that the County desires and, for tax and rehabilitation district designation purposes, permits the residential density and use for this specific Property and for the benefit of County residents. Background: Other Property Facts. The Property shape and boundary is exceptional, non- standard, and is not repeated in the general pattern of lots and development in the County. The Property is zoned RP Residential Performance District, which permits up to twenty (20) units per acre. In the case of the Property, the permitted maximum number of units is 84 units. The Proposal contains just up to 48 units, slightly over half the maximum permitted number of 84 units. The unit density, features, and configuration of the Proposal would normally be permitted in the Property’s zoning district in an ordinary lot of the same size of the Property in the zoning district if such a lot were in an ordinary configuration generally found in the County. Proposal in Strict Conformance with Existing Buffer is Not Feasible. The Applicant has provided an exhibit showing the strict interpretation of an aggregate 100’ setback contained in the zoning ordinance (the “Ordinance”), inclusive of a 75’ inactive buffer, from the Property boundary line that unusually layers inside the Property due to the Property’s unusual shape and is depicted on the enclosed layout plan depicting a six (6) story building prepared by Koontz Bryant Johnson Williams and entitled “Site Layout – Existing Buffer” dated January 28, 2026 attached as Exhibit B (The “Existing Buffer Exhibit”). The six (6) story configuration would only meet the Ordinance’s height maximums found in the Ordinance, but Exhibit B shows that, even with the building contorted to an absurd narrowness and high number of stories, the overlap of the existing Ordinance buffers reduces the active surface use of the Property to an impermissible number of parking spaces and unsafe access road configuration rendering it unbuildable for the purpose in the Adopted Papers. Meeting the buffer requirement of the Ordinance would accordingly cause the Proposal in the type and scope adopted in the Adopted Papers to violate multiple other provisions of the Ordinance and other site plan review health, life, and safety standards. 106 County of Frederick January 22, 2026 Updated January 28, 2026 Page 3 PO Box 25309 Richmond, Virginia 23260 804.938.9818 mark@bailiwickstrategies.com Proposed Plan Pursuant to Requested Variance is the Sole Way to Develop the Proposal on the Property. The viable option shown on the Proposed Plan (as defined above) depicts the building in the Proposal in a commercially customary four (4) story building configuration but with the Variance from the existing buffers as shown on the Proposed Plan. The Existing Conditions Plan and the Plat shows that the unusual shape of the lot, with its irregular and unusual boundaries, results in a disproportionately small buildable area for the Proposal use which was adopted in the Adopted Papers. Importantly, the Plat shows an absurd resulting narrow, tower-like six-story building required to conform to the strictly-interpreted setbacks, which then creates un-approvable parking and access configurations. This request is for approval of a Variance of the buffer and setback areas in substantial conformance with the Plat and the Plan due to (i) the exceptional narrowness and shape of the Property and (ii) the resulting exceptionally small and shaped size of buildable area on the Property as depicted on the Existing Buffer Exhibit. STANDARD OF REVIEW Code of Virginia Section 15.2-2201 provides that a variance is “a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance.” The proposed Variance: • Is a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure . The proposal is up to 48 units, which number of units is a modest use of the Property permitted use for up to 84 units under its existing zoning district. • The strict application of the ordinance would unreasonably restrict the utilization of the property. The six (6) story strict-interpretation alternative is unreasonable for the workforce and affordable development desired and adopted specifically for the Property by the County in the Adopted Papers. While Virginia courts have not defined “unreasonable” in the context of a variance, “unreasonable” is generally defined as “absurd, inappropriate,” “exceeding the bounds of reason or moderation,” or “unconscionable.” Webster’s Third New International Dictionary (2002). The County specifically designated the Property in the Adopted Papers for an affordable multifamily use. The Proposal is at the minimum viable density and configuration for an affordable multifamily use. It would be an absurd result, inappropriate, and exceed the bounds of reason for the County to have created a rehabilitation district and tax exemption area in the Adopted Papers constituting only the area of the Property itself for the presented use and density, and for such a use to accordingly to not be otherwise permitted due to buffers. 107 County of Frederick January 22, 2026 Updated January 28, 2026 Page 4 PO Box 25309 Richmond, Virginia 23260 804.938.9818 mark@bailiwickstrategies.com • Such need for a variance would not be shared generally by other properties. The lot shape of the Property is unlike the regular, mostly square or rectangle, shapes of adjacent residential lots. Its shape and configuration are not repeated in the pattern of development in the area or in the County. Due to this shape and configuration rarity, the approval of this Variance would not create a precedent with development policy and ordinance interpretation consequences to other lots in the County • Such variance is not contrary to the purpose of the ordinance. The Variance and the Proposal as shown on the Proposed Plan are designed so that the Proposal will conform with all other sections of the Ordinance applicable to the Property. The modest four (4) story building in the Proposal will conform to the existing pattern of development in the area with a use designated in the Adopted Papers. The Board of Supervisors’ approval of the concept for the purposes of the tax abatement and rehabilitation area in the Adopted Papers evidences conformance of the Proposal, proposed use, density with the policy goals of the existing zoning district and in general with the adopted policies of the County. The proposed Variance will not have an undue adverse effect on the public health, safety or general welfare. The proposed Variance is consistent with appropriate future land use density expectations in the County based on adopted zoning and the Adopted Papers, will not cause overcrowding of land and an undue concentration of population, and the use adds no adverse impacts to essential public services ; indeed the Variance provides a desirable opportunity for dignified affordable housing choice for residents of the County pursuant to the Adopted Papers. The proposed Variance will not interfere with adequate light and air; the tower-like absurd alternative in the strictly-interpreted setback scenario would potentially be visually discordant with the existing pattern of development in addition to its other Ordinance violations. • Alternatively to the unreasonable restriction standard above, Virginia Code Sec, 15.2- 2309(2) provides for relief in the case of a hardship due to a physical condition relating to the property or improvements. The Existing Buffers Plan shows the narrow, condensed, and absurd small buildable area, which would require an incongruous and otherwise impermissible building and configuration. The lot boundary creates a hardship where, without the Variance, the Proposal in the previously Adopted Papers cannot be constructed. • Good Faith of Applicant. The Applicant is the contract purchaser of the Property which purchase has not closed, and accordingly did not create the conditions under which the Variance is requested. 108 County of Frederick January 22, 2026 Updated January 28, 2026 Page 5 PO Box 25309 Richmond, Virginia 23260 804.938.9818 mark@bailiwickstrategies.com In summary, the Applicant seeks approval of the Variance by the County’s Board of Zoning Appeals. The development of the Property, made possible through the Variance, would guarantee a high- quality use beneficial to the community, in a Proposal supported by the Adopted Papers, that is otherwise impossible to develop without the granting of the Variance. In addition to the Plan and the Existing Setback Plan, I also attach the completed Variance application form and a copy of the recorded instrument vesting ownership. The neighbor information form from the Variance application form is appended to this letter. I further enclose a check from the Applicant for the $400.00 application fee. Thank you for your time and consideration of this request, please let me know if you have any questions. Sincerely, Mark J. Kronenthal II, Esq. Enclosures 109 County of Frederick January 22, 2026 Updated January 28, 2026 Page 6 PO Box 25309 Richmond, Virginia 23260 804.938.9818 mark@bailiwickstrategies.com Neighbor List from Variance Application Form Name and Property Identification Number Address Minor David L 63 A 36 3258 Valley Pike Winchester, VA 22602 Roy Clarence E Jr 63 A 35 3248 Valley Pike Winchester, VA 22602 Link Jacqulyn 63 A 34 3242 Valley Pike Winchester, VA 22602 American Assets Management LLC 63 A 39 40310 Hurley Ln Paeonian Springs, VA 20129 Woodbrook Village Homeowners Assoc 63B 2 2 58A PO Box 2580 Winchester, VA 22604 Plummer Joyce M 63B 1 13 114 Plainfield Dr Winchester, VA 22602 Synoweitz Peter 63B 1 14 112 Plainfield Dr Winchester VA 22602 Lantz Susan D 63B 1 15 110 Plainfield Dr Winchester VA 22602 Howard John J 63B 1 16 106 Plainfield Dr Winchester, VA 22602 SAOM LLC 63B 1 B and 63B 1 C 10024 Pouring Rain Pl Nokesville, VA 20181 Lengyel George 63 A 91 3283 Valley Pike Winchester, VA 22602 110 111 112 113 114