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Home My WebLink AboutPCAgenda2026March181.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 5.Meeting Minutes 5.A.January 7, 2026 Meeting Minutes 5.B.January 21, 2026 Meeting Minutes 6.Committee Reports 7.Citizen Comments 8.Public Hearings 8.A.Rezoning #02-26 of Plasters HVAC - (Mr. Bittner) Submitted to rezone +/- 1.21-acres from B2 (General Business) Zoning District with proffers to B3 (Industrial Transition) Zoning District with proffers. The property is located at 161 Commonwealth Court, Winchester, and is identified by Property Identification Number 75-A-91E in the Back Creek Magisterial District. 8.B.Revocation of Conditional Use Permit #03-24 for 172 Fire House LLC and AGENDA PLANNING COMMISSION WEDNESDAY, MARCH 18, 2026 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC03-18-26MinutesJanuary7.pdf PC03-18-26MinutesJanuary21.pdf PC03-18-26REZ02-26_Redacted.pdf 1 Barbara Singhas - (Mr. Cheran) This Conditional Use Permit is proposed to be revoked due to a violation of Condition #4 from Conditional Use Permit #03-24 which pertains to a minor site plan. The property is located at 171 Old Firehouse Lane, Winchester, and is identified with Property Identification Number 52-A-287B in the Back Creek Magisterial District. 9.Other 9.A.Current Planning Applications 10.Adjourn PC03-18-26Revocation_CUP03-24_Redacted.pdf 2 Planning Commission Agenda Item Detail Meeting Date: March 18, 2026 Agenda Section: Meeting Minutes Title: January 7, 2026 Meeting Minutes Attachments: PC03-18-26MinutesJanuary7.pdf 3 Frederick County Planning Commission Page 4238 Minutes of January 7, 2026 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 7, 2026. PRESENT: Tim Stowe, Chairman/Red Bud District; Charles Markert, Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Vaughn Whitacre, Gainesboro District; Joseph M. Crane, Gainesboro District; John J. Lamanna, Member at Large. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Eric Bittner, Planner II; Shannon L. Conner, Administrative Guaranty Coordinator; Andrew R. Fox, County Attorney. CALL TO ORDER Chairman Stowe called the January 7, 2026 meeting of the Frederick County Planning Commission to order at 7:00 p.m. INVOCATION Ross Halbersma, Pastor, of New Hop Alliance Church delivered the invocation. PLEDGE OF ALLEGIANCE Commissioner Thomas led the Pledge of Allegiance. ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Bottorf, the Planning Commission unanimously adopted the minutes from the November 5, 2025 meeting. ------------- 4 Frederick County Planning Commission Page 4239 Minutes of January 7, 2026 ELECTION OF OFFICERS FOR 2026 Election of Tim Stowe, Chairman for 2026 Director, Wyatt G. Pearson, declared nominations open for Chairman for the 202 6 calendar year. The nomination of Mr. Stowe for Chairman was made by Commissioner Thomas and seconded by Commissioner Markert. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Tim Stowe as Chairman of the Planning Commission for calendar year 2026. Election of Roger L. Thomas, Vice Chairman for 2026 Director, Wyatt G. Pearson declared nominations open for Vice Chairman for the 2026 calendar year. The nomination of Mr. Thomas for Vice Chairman was made by Commissioner Bottorf and seconded by Commissioner Whitacre. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for calendar year 2026 Election of Wyatt G. Pearson, Secretary for 2026 Vice Chairman Thomas declared nominations open for Secretary for the 2026 calendar year. The nomination of Mr. Pearson was made by Commissioner Thomas and seconded by Commissioner Whitacre. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Wyatt G. Pearson as Secretary of the Planning Commission for calendar year 2026. ------------- COMMITTEES Development Review and Regulations Committee – 12/11/25 Commissioner Kerns reported reviewed and discussed RP District Dimension Requirements and Public Utilities – Transmission and Distribution Facilities. These items were forwarded to the Planning Commission. Comprehensive Plans and Programs Committee – 12/8/25 Commissioner DeHaven reported the committee reviewed the 2026-2031 Capital Improvement Plan and sent this forward to the Planning Commission. 5 Frederick County Planning Commission Page 4240 Minutes of January 7, 2026 Frederick Water – 12/16/25 Commissioner Bottorf reported the Board reviewed the fiscal 25 financial report; an audit was performed by Brown, Edwards, and Company and there were no findings issued by auditors and Frederick Water is on firm financial ground. The County continues to be in drought conditions. The Board approved a revised residential leak adjustment policy. He continued, Lake Frederick Well is nearly complete; testing and training to operate should come through in the next few weeks. The advanced metering system with turns on dates in January; antennas will send signals to Frederick Water offices and there will be an app of real time water usage in homes. Board of Supervisors – 12/10/25 Supervisor Orndorff, Board of Supervisor Liaison, reported the Board postponed and Ordinance Amendment to the Frederick County Code to modify Supplementary Use Regulations for Outdoor Lighting. The Board approved an Ordinance Amendment to the Code for modification to amend Design Requirements. ------------- CITIZEN COMMENTS Chairman Stowe called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. The following individuals spoke in opposition to data centers being permitted in Frederick County: Willie Deutsch Opequon District John Taglamento Gainesville VA Ariel Agmon Shawnee District Kurt Creager Back Creek District Darla Barrett Gainesboro District Pete Zolkoski Back Creek District Jan Van Haule Back Creek District James Jennis Back Creek District Jack Tensley Gainesville VA Scott Sturdivant Back Creek District Dan Best Back Creek District Neil Tedrow Back Creek District Sheila Tilley Winchester VA David Dixon Stonewall District Gary Krause Shawnee District Wendy Warner Winchester VA John Randall Back Creek District Casandra Nicholson Winchester VA Jennifer Herring Gainesboro District Leslie Spencer Gainesboro District Debbie Stottlemyer Stonewall District Blaine Dunn of the Red Bud District did not oppose and offered a different perspective. No one else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARING Ordinance Amendment to the Frederick County Code – modifications to additional regulations for specific uses contained in §165-204.26 for public utilities and use permissions for the Rural Areas (RA) Zoning District. 6 Frederick County Planning Commission Page 4241 Minutes of January 7, 2026 Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to amend Chapter 165 Zoning Ordinance to further add performance standards for “Public Utilities – Transmission and Distribution Facilities” in the RA zoning district. This amendment was initiated by the Board of Supervisors at the request of the Planning Commission for inclusion of performance standards and consideration of modifying use permission from allowed use (permitted by-right) to a conditional use (requiring a CUP). He shared the current standard of the ordinance. Mr. Klein continued, Staff reviewed the regulations for substations in other Virginia localities. Most other jurisdictions require a “special exception” (i.e. a conditional use permit) or similar public process for electrical substations on properties primarily zoned for agricultural/residential uses in addition to the state code require 2232 review. Additionally, most if not all the other localities that were reviewed include performance standards to regulate setbacks , screenings, landscaping, and other elements of site design. He explained, typical performance standards included minimum setbacks (varying from 50 feet to 100 feet from residential uses), screening required (varying from 8 foot to 12 foot tall wall or fence), and buffers (with planting sizes of 6 foot tall trees and 42 -48 inch tall shrubs). He noted that species for plantings need to be considered carefully as many typical screening trees can grow to mature heights that would be incompatible with overhead utility lines. Additionally, some localities require co-location studies and/or environmental noise impact assessments when considering electrical substation citing. Mr. Klein presented the Proposed Standards of the zoning ordinance. Mr. Klein concluded the DRRC discussed this item on December 11, 2025, and expressed support for the proposed amendment. The DRRC did not support changing the use permission to require a Conditional Use Permit. The primary discussion among the Planning Commission members was requiring a CUP for “Transmission Voltage Electrical Substations,” and the merits of such a change including opportunity for public input through the conditional use permit process and conditioning such facilities with standards in excess of what the zoning ordinance would otherwise require. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. Four (4) members of the public (Curt Creager, Leslie Spencer, Willie Deutch, and Jan Van Haute) spoke in regard to the proposed ordinance amendment and stated their support for the proposed changes but to further require a CUP for the regional/wholesale type facilities (Transmission Voltage Electrical Substations). No one else came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner DeHaven and seconded by Commissioner Whitacre to approve the proposed amendment with the use permission for “Public Utilities-Transmission Voltage Electrical Substations” be further amended to a conditional use BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Ordinance Amendment to the Frederick County Code – modifications to additional regulations for specific uses contained in §165-204.26 for public utilities and use permissions for the Rural Areas (RA) Zoning District. Yes: Vaughn, Crane, Markert, Stowe, Bottorf, Kozel, DeHaven, Lamanna, Brumback, McKay, Sneddon, Kerns No: Thomas Ordinance Amendment to the Frederick County Code – modifications to amend design requirements contained in §165-402.09 for the Residential Performance (RP) Zoning District. 7 Frederick County Planning Commission Page 4242 Minutes of January 7, 2026 Action – Recommend Approval Eric Bittner, Planner II, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to modify dimensional requirements for certain housing types in the Residential Performance (RP) Zoning District to allow for townhouses which are accessed through an alley in the back of the property, referred to herein as rear-loaded. This ordinance amendment was requested by Pennoni Associates, Inc. in a letter to the Planning and Zoning Department dated August 25, 2025. This ordinance amendment would allow for the townhouses that are accessed through the rear via an alley. The primary changes are in a reduction to the required rear setbacks if the townhouses are rear loaded. Mr. Bittner continued, a concern noted by Staff is that the 18-foot driveway referenced in Pennoni’s letter is not reflected in the proposed changes. Similarly, this distance is not included in the 6- foot rear setback that is proposed. The 60-foot setback is not likely to be utilized as the building would probably need to be a further distance from the alley to accommodate the required off -street parking. He noted, Frederick Water has expressed concern over underground utilities being provided via the a lley easement and with sharing the utility easement with other uses which may affect or be affected by utility maintenance. The rear setback concern is not extended to the setbacks for unroofed decks, as these features are able to be elevated to still allow for parking. Several of the proposed changes should be better specified to apply rear loaded townhouses, namely the reduction of the side yard to 5 feet. Staff does not believe this change is necessary to adequately accommodate this use. He noted, the allowance for a reduced side setback reduction in sub-section B2 in the proposed standards and the setback reduction without a garage in sub-section C2 are not necessary to accommodate rear loaded townhouses. Mr. Bittner reported, it should be considered that the required off-street parking of 2.5 spaces may be supplied through parking bays within a development and would likely not need to be fully captured on the individual lots. He noted, if approved, this amendment would become an administrative requirement, allowing rear-loaded townhouses as a by-right use in the RP district, no approval or waivers would be necessary from the Board of Supervisors. A cross-comparison of other Virginia localities was shared by Mr. Bittner. He presented the Proposed Standards for this zoning ordinance. Mr. Bittner concluded, this item was reviewed by the DRC on December 11, 2025; the committee generally supported the proposed changes for rear-loaded townhomes. There were concerns regarding green space and townhomes being located against major roadways. Both scenarios are addressed currently in the code, via minimum greenspace requirements and road efficiency buffers respectively. The Board of Supervisors discussed this ordinance amendment at their November 12, 2025 meeting and directed Planning Staff to take the ordinance amendment forward for further study and to authorize Staff to hold public hearings. In their discussion the Board expressed support for having additional options for more diverse housing types to meet changing market trends, as well as concerns regarding parking and overall affordability. The Planning Commission members raised question regarding reaction from Fire and Rescue and analysis for underground utilities, both of which will be addressed at the site plan phase. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. Three members of the public (Curt Creager, Leslie Spencer, and David Frank) spoke on the proposed ordinance amendment. They expressed support for the amendment, and one voiced a desire for additional green space and landscaping. No one else came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Thomas and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Ordinance Amendment to the Frederick County Code – modifications to amend design requirements contained in §165-402.09 for the Residential Performance (RP) Zoning District. 8 Frederick County Planning Commission Page 4243 Minutes of January 7, 2026 Yes: Vaughn, Crane, Markert, Stowe, Bottorf, Kozel, DeHaven, Lamanna, Brumback, McKay, Thomas, Kerns No: Sneddon ------------- OTHER Data Center Fact Sheet – report summarizing key characteristics, regulatory considerations, and potential impacts associated with data center development in Frederick County. Wyatt G. Pearson, Director, reported, at the direction of the Board of Supervisors, Planning and Development Staff conducted a high-level review of data centers as a principal land use. He said the report describes key characteristics, regulatory considerations, and potential impacts associated with data center development in Frederick County. Mr. Pearson stated data centers present both opportunities and challenges for the County, and their potential to contribute to fiscal balance and economic development must be weighed against infrastructure demands, environmental impacts, and community compatibility. He noted the County’s updated ordinance provides a robust framework for evaluating future proposals, and Staff should continue to monitor state legislative changes and continue coordination with utility providers if data center project developers seek to locate in Frederick County. The Planning Commission discussed the Data Center Fact Sheet and passed two motions to be sent to the Board of Supervisors as follows: 1. Request the Board of Supervisors direct Staff to create a data center policy that will establish strict guidelines to ensure data centers provide measures to protect the health, safety, and welfare for Frederick County citizens and provide information to developers and communities regarding the County’s expectations when preparing an application for and for the siting of a data center project. (Whitacre only no) 2. Request the Board of Supervisors direct Staff to amend the Comprehensive Land Use Map to show technology land use areas where data center projects are to be located; data center proposals should be considered only within these technology land use areas. (Whitacre only no) ------------- ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Kozel and unanimously passed. The meeting was adjourned at 10:10 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 9 Planning Commission Agenda Item Detail Meeting Date: March 18, 2026 Agenda Section: Meeting Minutes Title: January 21, 2026 Meeting Minutes Attachments: PC03-18-26MinutesJanuary21.pdf 10 Frederick County Planning Commission Page 4244 Minutes of January 21, 2026 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 21, 2026. PRESENT: Tim Stowe, Chairman/Red Bud District; Charles Markert, Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Vaughn Whitacre, Gainesboro District; Joseph M. Crane, Gainesboro District; John J. Lamanna, Member at Large. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Guaranty Coordinator; Andrew R. Fox, County Attorney. CALL TO ORDER Chairman Stowe called the January 21, 2026 meeting of the Frederick County Planning Commission to order at 7:00 p.m. INVOCATION Pastor Mark Carey of Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Commissioner Thomas led the Pledge of Allegiance. ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Bottorf and seconded by Commissioner Bottorf, the Planning Commission unanimously adopted the minutes from the December 3, 2025 meeting. ------------- 11 Frederick County Planning Commission Page 4245 Minutes of January 21, 2026 ADOPTION OF BYLAWS, ROLES & RESPONSIBILITIES AND MEETING SCHEDULE FOR 2026 Chairman Stowe stated the Planning Commission’s Bylaws, Roles and Responsibilities, and the Meeting Schedule have been reviewed by the Commission and are ready for the Planning Commission’s consideration and adoption. The motion was made by Commissioner Thomas and seconded by Commissioner Markert. BE IT RESOLVED the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission’s Bylaws, Roles and Responsibilities, and Meeting Schedule for the calendar year of 2026 as presented. ------------- COMMITTEES Frederick Water – 1/20/26 Commissioner Bottorf reported that the Board held a work session prior to the scheduled monthly meeting and discussed: Strategic Planning, the Mission Statement, and Values, Goals and Objectives. At the regular meeting the Board approved the 2027-2036 CIP; Authorized tow construction projects (pipeline to support Sliwinski Plant and refurbishing of a sewer line in the Red Bud area). The meeting schedule was approved and will continue to be the 3rd Tuesday of each month at 4:00 p.m. Board of Supervisors – 1/14/26 Supervisor Orndorff, Board of Supervisor Liaison, reported the Board re-appointed Tim Stowe and Justin Kerns to serve on the Planning Commission. The Board heard the Land Use Review on Data Centers. ------------- CITIZEN COMMENTS Chairman Stowe called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. The following individuals spoke in opposition of Rezoning #07-25 for Madison 277 (Madison II, LLC): Scott McGeary Opequon District Marv Davis Opequon District Steve Prader Opequon District Bill Moore Opequon District Robin Menefee Opequon District Ernest Buffalo Opequon District John Toliver Opequon District No one else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- 12 Frederick County Planning Commission Page 4246 Minutes of January 21, 2026 PUBLIC HEARING Capital Improvement Plan (CIP) 2026-2031 Action – Recommend Approval Wyatt G. Pearson, Director, reported the Capital Improvement Plan (CIP) is a schedule of major capital expenditures for the County in the ensuing five-year period. It is intended as a tool to assist the Board of Supervisors in preparation of the County budget. He continued, in keeping with recently adopted procedures, departments were advised to ensure projects were achievable within the plan’s horizon (FY 31). Adoption of the Capital Improvement Plan in intended to meet the requirements of Code of Virginia 15.2-2232 by adding it as an appendix to the Comprehensive Plan. He presented the tables associated with the CIP. Mr. Pearson concluded, the Comprehensive Plan and Programs Committee (CPPC) discussed the application on December 8th, 2025. They expressed that amending the plan to be fiscally constrained would be beneficial, and recommended approval. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. No one came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Thomas and seconded by Commissioner Kerns BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Capital Improvement Plan (CIP) 2026-2031 Yes: Bottorf, Crane, Brumback, Kerns, Kozel, Thomas, Stowe, Markert, McKay, Lamanna, DeHaven, Sneddon Abstain: Whitacre ------------- ACTION ITEM Rezoning #07-25 for Madison 277 (Madison II, LLC) Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a request to rezone one parcel totaling approximately 149.02+/- acres from Rural Areas (RA) Zoning District to the Residential Planned Community (R4) Zoning District with proffers to enable the development of up to 596 residential units and 30+/- acres of commercial development. He shared a zoning map and long range land use map of the area. Mr. Klein shared the revised proffer statement and GDP (01/13/2026): • Removal of density and height design modifications • Revision to land use matrix; LB 1 fully commercial with 50% being medical uses • Decrease in the total number of units (596 total); removal of MF units from LB 1 • Revision to land use phasing and timing of development • Inclusion of a 25’ mature woodland buffer adjoining Lake Frederick community • Commitment to off-site improvement construction at Hudson Hollow Road/White Oak Road/Route 277 13 Frederick County Planning Commission Page 4247 Minutes of January 21, 2026 • Revision to quality of construction proffer and exhibit for residential structures Mr. Klein continued, a Comprehensive Policy Plan Amendment (CPPA #01-23) was approved by the Board of Supervisor on January 10, 2024. He noted, the CPPA was requested by the same owner seeking this rezoning. The CPPA created a new non-contiguous Urban Development Area (UDA) to encompass the subject property and Lake Frederick community and designated the subject property with a mixed-use commercial/office (MUCO) and neighborhood village land use designation. Mr. Klein concluded, the Planning Commission held a work session on this item on November 5, 2025; a Public Hearing was held on December 3, 2025 at which time it was tabled. The Planning Commission’s primary topic of discussion was changes to the proffer statement and generalized development plan and if and how those changes better addressed Comprehensive Plan policy. The Commission acknowledged the work done by the Applicant to better address concerns raised by the Planning Commission and the public to harmonize the proposed development with the adjoining Lake Frederick community. Specifically, the Planning Commission noted the value of commercial and medical uses in this area of the Couty as a counterbalance to additional residential development. Upon motion made by Commissioner Bottorf and seconded by Commissioner Kozel to recommend approval with revised proffers dates January 13, 2026. BE IT RESOLVED, the Frederick County Planning Commission does recommend approval the Rezoning #07-25 for Madison 277 (Madison II, LLC) Yes: Bottorf, Crane, Brumback, Kerns, Kozel, Thomas, Stowe, Markert, McKay, Lamanna, DeHaven, Sneddon No: Whitacre ------------- OTHER Wyatt G. Pearson, Director, shared the current items being worked on: Carmeuse, Middletown VA; Site Plan for AYR Wellness; a TDR on Eddys Lane; and Tasker Woods MDP. ------------- ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Markert and unanimously passed. The meeting was adjourned at 8:18 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 14 Planning Commission Agenda Item Detail Meeting Date: March 18, 2026 Agenda Section: Public Hearings Title: Rezoning #02-26 of Plasters HVAC - (Mr. Bittner) Attachments: PC03-18-26REZ02-26_Redacted.pdf 15 REZONING #02-26 Plasters HVAC Staff Report for the Planning Commission Prepared: March 3, 2026 Staff Contact: Eric Bittner, Planner II Executive Summary: Meeting Schedule Planning Commission: March 18, 2026 Action: Pending Board of Supervisors: April 8, 2026 Action: Pending Property Information Property Identification Number (PIN) 75-A-91E Address 161 Commonwealth Court,Winchester Magisterial District Back Creek Acreage +/- 1.21acres Zoning & Present Land Use Zoning: B2 (General Business) with proffers Land Use: Commercial Proposed Zoning B3(Industrial Transition) with proffers Adjoining Property Zoning & Present Land Use North: M2 (General Industrial)/B2 (General District) Districts Land Use: Food manufacturing Vacant South: B3 (Industrial Transition) District Land Use: Distribution East: B3 (Industrial Transition) District Land Use: Office/manufacturing West: B3 (Industrial Transition) District Land Use: Vacant Proposed Use This is a request to rezone 1.21± acres from B2 (General Business) Zoning District with proffers to B3 (Industrial Transition) Zoning District with proffers. The proposed proffers include use restrictions barring gas stations, movie theaters, and parks, as well as a cash proffer for any new building square footage for impacts to County Fire and Rescue. Positives Concerns The proposed rezoning is conformance with the Comprehensive Plan and advances the Kernstown Area Plan of business. Proffer A.1 remove uses that would not advance the Comprehensive Plan. 16 Page 2 of 5 Proffer A.2 would address the conforming status if the site was approved for the B3 zoning district. Review Agency Comments: Review Agency Comment Date Comment Summary Status Virginia Department of Transportation (VDOT) 01/29/2026 “VDOT has no comments on the rezoning.” Frederick Water 2/18/2026 No comment Frederick County Inspections 2/3/2026 “No comment.” Frederick County Public Works 1/29/2026 “No comments- no proposed changes to grading or stormwater infrastructure.” Frederick County Fire Marshal 1/30/2026 “Approved, no existing fire department features to be removed without the permission of the Fire Official.” Frederick County Attorney 02/18/2026 No comment. Legal form. Planning & Zoning Staff Analysis: Site History: The existing structure was built in 2000 in conformance with an approved site plan, SP #57-99. A rezoning application (REZ #09-16) was approved by the Board of Supervisors on September 28, 2016, which rezoned the property from the B3 (Industrial Transition) Zoning District to B2 (General Business) Zoning District with proffers, restricting some uses and providing a cash proffer to mitigate Fire and Rescue impacts. 17 Page 3 of 5 The subject property was subsequently developed under the development standards of the B2 (General Business) Zoning District, which requires less landscaped area than the B3 (Industrial Transition) Zoning District (15% vs 25% of the lot area, §165-601.02). If approved, the site would be non-conforming with the dimensional requirements for the B3 zoning district. However, to address this non-conformity, the applicant has proffered to bring the property into conformance before any change of use is approved. This would be done at time of site plan. Comprehensive Plan Conformance: The Comprehensive Plan (adopted November 2021) and the Kernstown Area Plan provides guidance on the future development of the subject property. The Plan identifies the subject properties with a “business” land use designation and as being within the limits of the Urban Development Area (UDA). The property is in the Interstate Commercial at 310 sub- area and adjoins the Northern Kernstown Industrial sub-area. The Kernstown Area Plan described the future environment envision for the exit 310 sub-area. “The improvements to the Exit 310 Interchange on Interstate 81 at Route 37 furthers the significant commercial opportunities by identifying these land uses in the Kernstown Interstate Commercial at Exit 310 area. Future improvements identified for this area are envisioned to continue to enhance this area’s major role for commercial and industrial development.” The intent of the B3 zoning district is described in §165-604.01 as “…[providing]for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access…” Given the intention to enhance industrial development and proximity to a designated industrial development site, the B3 district aligns with the future land use plan. Transportation & Site Access: Commonwealth Court is not identified in the Comprehensive Plan for improvement as part of the Eastern Road Plan. Commonwealth Court currently has a 50’ wide right-of-way (ROW). The property has no other road frontage. 18 Page 4 of 5 Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: Proffers (February 23, 2026) Staff Comment A) Land Use Restrictions Removes several uses such as gas stations and convenience stores, movie theaters, and parks that are not consistent with the Kernstown Area Plan’s guidance for the business land use designation in this area. Would address the non-conforming status of the property if approved. B) Monetary Contributions to Offset Impact of Development The proffer statement fully implements the adopted Board of Supervisors policy on monetary proffers for commercial/industrial square footage. Below is the Generalized Development Plan (GDP) revised February 23, 2026, which depicts the proposed impervious area to be converted to landscaped area. 19 Page 5 of 5 This is a rezoning requiring a public hearing. Following a public hearing, staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this rezoning application. 20 COMM O N W E A L T H C T 75 A 91E 135 COMMONWEALTH CT 175 COMMONWEALTH CT 185 COMMONWEALTH CT190 COMMONWEALTH CT 3661 VALLEY PIKE 139 COMMONWEALTH CT 180 HOOD WAY µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: February 25, 2026 £¤11 £¤11 §¨¦81 ¬«37 KAVANAUGHDRFAY ST VALLEY PIKEHO O D WAY KING LNF R O G A L E C T DESTINY DRSHADYELM RDHILLANDALE LNWinchester 0 80 16040 Feet CO M M O N W E A L T H CT REZ # 02 - 26: Plasters HVAC PIN: 75 - A - 91E Rezoning from B2 to B3 with Proffers Zoning Map Application Sewer and Water Service Area Parcels B2 (General Business District) B3 (Industrial Transition District) M2 (Industrial General District) REZ #02-26 21 COMM O N W E A L T H C T 75 A 91E 139 COMMONWEALTH CT 180 HOOD WAY 135 COMMONWEALTH CT 175 COMMONWEALTH CT 185 COMMONWEALTH CT190 COMMONWEALTH CT 3661 VALLEY PIKE µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: February 25, 2026 £¤11 £¤11 §¨¦81 ¬«37 KAVANAUGHDRFAY ST VALLEY PIKEHO O D WAY KING LNF R O G A L E C T DESTINY DRSHADYELM RDHILLANDALE LNWinchester 0 80 16040 Feet CO M M O N W E A L T H CT REZ # 02 - 26: Plasters HVAC PIN: 75 - A - 91E Rezoning from B2 to B3 with Proffers Location Map Application Sewer and Water Service Area Parcels REZ #02-26 22 COMM O N W E A L T H C T 75 A 91E 135 COMMONWEALTH CT 175 COMMONWEALTH CT 185 COMMONWEALTH CT190 COMMONWEALTH CT 3661 VALLEY PIKE 139 COMMONWEALTH CT 180 HOOD WAY µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: February 25, 2026 £¤11 £¤11 §¨¦81 ¬«37 KAVANAUGHDRFAY ST VALLEY PIKEHO O D WAY KING LNF R O G A L E C T DESTINY DRSHADYELM RDHILLANDALE LNWinchester 0 80 16040 Feet CO M M O N W E A L T H CT REZ # 02 - 26: Plasters HVAC PIN: 75 - A - 91E Rezoning from B2 to B3 with Proffers Long Range Land Use Map Application Sewer and Water Service Area Parcels Long Range Land Use Business Industrial REZ #02-26 23 24 25 26 27 Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: AMENDMENT September 7, 2016 - September 28, 2016 - Recommended Approval X APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09-16 COMMONWEALTH BUSINESS CENTER LOT 5 WHEREAS, Rezoning #09-16 of Commonwealth Business Center Lot 5, submitted by Greenway Engineering, Inc., to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with proffers, final revision date of August 10, 2016 was considered. The Property is located on the north side of Commonwealth Court (Route 1167) approximately 500' east of the intersection with Valley Pike (US Route 11 South). The Property is further identified with PIN 75-A-91 E in the Back Creek District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on September 7, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 28, 2016; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with proffers, final revision date of August 10, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #32-16 28 2- I ills ordinance shall be in effect on the date of adoption. 7 G"3 Passed this 28th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST C. Brenda G. . Frederick County Administrator vIXGINIA: FR.-:DERICK COUNTY.S(71. This instrument of writing was produced to me on p and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of WA , and 58.1-801 have been paid, if assessable. Clerk PDRes #32-16 BOS Res. #022—±6 29 c. Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 COMMONWELATH BUSINESS CENTER — LOT 5 1 6 0 0 0 9 8 9 () PROFFER STATEMENT REZONING: RZ # B-3, Industrial Transition District to B-2 Business General District with proffers PROPERTY: 1.21± acres Tax Map Parcel 75 -A -91E (here -in after the "Property") RECORD OWNER: Executive Protection Systems, LLC (here -in after the "Owner") APPLICANT: Greenway Engineering, Inc. (here -in after the "Applicant") PROJECT NAME: Mosaic Bible Church Rezoning ORIGINAL DATE OF PROFFERS: June 24, 2016 REVISION DATE: August 10, 2016 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 1.21± -acre parcel from the B-3, Industrial Transition District to establish 1.21± -acres of B-2, Business General District with proffers, development of the 1.21± - acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by Executive Protection Systems, LLC, being all of Tax Map Parcel 75 -A -91E, as evident by Special Warranty Deed recorded as Instrument #120008859/0339, and further described by Boundary Line Adjustment Survey Plat prepared by Marsh & Legge, Land Surveyors, P.L.C. dated September 29, 1999 (see attached Survey Plat). File #2530M/EAW 30 Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses on the Property: General Merchandise Stores Commercial Daycare Facilities Adult Retail SIC 53 No SIC Indicated No SIC Indicated 2. The Owner hereby proffers to restrict church facilities from providing daycare service and private school service on the Property. B.) Site Development 1. The Owner hereby proffers prepare a conceptual sketch plan and associated information for the adaptive reuse of the property as a church facility without daycare or private school service to the Planning Department. C.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $500.00 for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for the Property. OWNER SIGNATURE ON FOLLOWING PAGE File #2530M/L,AW 2 31 Greenway Engineering Owner Signature June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Executive Protection Systems, LLC By: Date Commonwealth of Virginia, City/County of Fll)Lr"L ( To Wit: The foregoing instrument was acknowledged before me this 0/ly of f7 o—/ s /- 20// by %%l 7 J ll S/151 /. J s/l i% /S Notary Public My Commission Expires L. ' ' ti- /// NS P t REG + r 5 7123434 nC-) . COMMISq EXPIRES- 00",10/31/2019.' v I" n gLTH-0 r.rrrra` File #2530M/FAW 32 1COVER SHEETAS SHOWN PLASTERS HVAC GENERALI=ED DEVELOPMENT PLAN BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VA Gas:Washington Gas Co. P.O. Box 2400 Winchester, VA 22604 (540) 869-1111 Water/Sewer: Frederick Water P.O. Box 1877 Winchester, VA. 22604 (540) 868-1061 Power:Shenandoah Valley Electric Coop 3463 Valley Pike Winchester, VA 22602 (540) 450-2051 UTILITY NOTICE REQUIRED Contractors shall notify all public utility operators who maintain underground utility lines in the area of proposed excavating or blasting at least two (2) working days, but not more than ten (10) working days, prior to commencement of excavation or demolition. Names and telephone numbers of the operators of underground utility lines appear below. These numbers shall also be used to serve in an emergency condition. CALL "MISS UTILITY" VIRGINIA UTILITY PROTECTION SERVICE (VUPS) AT 811 OR 1-800-552-7001, 48 HOURS PRIOR TO THE START OF WORK. EXCAVATORS MUST NOTIFY ALL PUBLIC UTILITY OPERATORS WHO MAINTAIN UNDERGROUND UTILITY LINES IN THE AREA OF PROPOSED EXCAVATING OR BLASTING AND HAVE THOSE FACILITIES LOCATED BY THE UTILITY COMPANIES PRIOR TO COMMENCING EXCAVATION. THE EXCAVATOR IS RESPONSIBLE FOR COMPLIANCE WITH ALL COUNTY REQUIREMENTS, VIRGINIA CODE AND REGULATIONS. VICINITY MAP SCALE: 1" 1000 OWNER WINCHESTER REAL ESTATE, LLC PO BOX 1173 NEWINGTON, VA 22122 (703) 644-2200 WSTILLWAGON@MILLERSOFFICE.COM DEVELOPER CASSIE PLASTERS GET PLASTERED, LLC 3473 N FREDERICK PIKE WINCHESTER, VA 22603 (540) 664-3943 cassie.plastershvac@gmail.com PLASTERS HVACBACK CREEK MAGISTERIAL DISTRICTFREDERICK COUNTY, VA11/20/2025 TTC -- 4 2530MR Plan Revisions Rev. No Rev. Date Comment 01 02/23/2026 Planning Comments DATE APPROVAL =ONING ADMINISTRATOR SITE PLAN VALID FOR (5) FIVE YEARS FROM DATE OF APPROVAL 151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF DESIGNED BY: FILE NO. SCALE: DATE: Telecom: Verizon P.O. Box 17398 Baltimore, MD 21297 (301) 954-6282 Sheet List Table 1 Cover Sheet 01 02/23/2026 2 Rezoning Boundary Exhibit 3 Existing Conditions 4 Generalized Development Plan 01 02/23/2026 PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA | ASHBURN, VA | MARTINSBURG, WVLIST OF SERVICES: CIVIL ENGINEERING I GIS I PLANNING I LAND SURVEYING I ENVIRONMENTAL 02/23/2026 33 151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF DESIGNED BY: FILE NO. SCALE: DATE: PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA | ASHBURN, VA | MARTINSBURG, WVAS SHOWN 2REZONING BOUNDARY EXHIBITRev. No. DatePLASTERS HVACBACK CREEK MAGISTERIAL DISTRICTFREDERICK COUNTY, VA11/20/2025 TTC -- 4 2530MR 02/23/2026 34 XXXXXXXXXXXXXXXXXXXX10 8 SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSCOMMONWEALTH COURT 151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF DESIGNED BY: FILE NO. SCALE: DATE: PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA | ASHBURN, VA | MARTINSBURG, WV1 20 3EXISTING CONDITIONSRev. No. DatePLASTERS HVACBACK CREEK MAGISTERIAL DISTRICTFREDERICK COUNTY, VA11/20/2025 TTC -- 4 2530MR 02/23/2026 35 XXXXXXXXXXXXXXXXXXXX10 8 SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSCOMMONWEALTH COURT PLANT 2 SUGAR MAPLE TREES (ACER SACCHARUM) TO ACCOUNT FOR THE 15 PROPOSED PARKING SPACE AS REQUIRED PER ZONING ORDINANCE. 10' TYP.15' BRL15' BRL 15' BRL 18' TYP.APPROXIMATE AREA OF PAVEMENT REMOVAL TO MEET 25% OPEN SPACE REQUIREMENT 151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF DESIGNED BY: FILE NO. SCALE: DATE: PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA | ASHBURN, VA | MARTINSBURG, WV1 20' 4GENERALIZED DEVELOPMENT PLANRev. No. Date 01 02/23/2026PLASTERS HVACBACK CREEK MAGISTERIAL DISTRICTFREDERICK COUNTY, VA11/20/2025 TTC -- 4 2530MR NOTES: 1. No SWM or E&S proposed with this change in use as no disturbance is proposed. Parking spaces are to be painted onto existing pavement. 2. Fifteen additional parking spaces and two trees proposed with this rezoning. 02/23/2026 36 IMPACT ANALYSIS STATEMENT PLASTERS HVAC COMMONWEALTH BUSINESS CENTER – LOT 5 Back Creek Magisterial District Frederick County, Virginia TM 75-A-91E January 16, 2026 Current Owner: Winchester Real Estate, LLC Contact Person: Marisa Whitacre, Planning Manager Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 37 Greenway Engineering January 16, 2026 Plasters HVAC Rezoning File #2530MR Impact Statement/MMW 2 PLASTRS HVAC IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 1.21±-acre subject property currently owned by Winchester Real Estate, LLC, and identified as Tax Map Parcel 75-A-91E. The subject property is located in the Commonwealth Business Center (Lot 5) on the north side of Commonwealth Court (Rt. 1167). Tax Map Parcel 75-A-91E is currently zoned B-2, Business General District and is developed as an office facility with showroom and construction contractor storage area. Get Plastered, LLC (the Applicant) proposes to rezone the 1.21±-acre subject property to B-3, Industrial Transition District with proffers to utilize the existing facility as HVAC Repair use. Basic information Location: Fronting on the north side of Commonwealth Court (Rt. 1167), approximately 500’ east of Valley Pike (US Route 11 South). Magisterial District: Back Creek District Property ID Numbers: 75-A-91E Current Zoning: B-2, Business General District with Proffers Current Use: Office and Construction Contractor Storage Facility Proposed Zoning: B-3, Industrial Transition District Proposed Use: HVAC Repair Total Rezoning Area: 1.21±-acres with Proffers for the Subject Property 38 Greenway Engineering January 16, 2026 Plasters HVAC Rezoning File #2530MR Impact Statement/MMW 3 COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. The 1.21±-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of the HVAC Repair facility use is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 1.21±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of HVAC Repair use is not required for this rezoning application. Comprehensive Plan Conformity The 1.21±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Southern Frederick Land Use Plan, which was adopted by the Board of Supervisors on January 10, 2024. The Southern Frederick Land Use Plan is a large-area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The 1.21±-acre subject property is identified for business land use; therefore, the proposed B- 3, Industrial Transition District rezoning is in conformance with the Comprehensive Policy Plan. SUITABILITY OF THE SITE Access The 1.21±-acre subject property is located on the north side of Commonwealth Court (Rt. 1167), approximately 500 feet east of Valley Pike (U.S. Route 11 South). Access to the subject property is accommodated from existing commercial entrances along Commonwealth Court. Therefore, the proposed development of the HVAC Repair facility use will not require new entrances to be constructed for access to the subject property. Flood Plains The 1.21±-acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map #51069C0214D, Effective Date January 29, 2021; as well as information from the Frederick County GIS Database. 39 Greenway Engineering January 16, 2026 Plasters HVAC Rezoning File #2530MR Impact Statement/MMW 4 Wetlands The 1.21±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 1.21±-acre subject property contains one soil type as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 6C Carbo-Oaklet Silt Loams, Very Rocky 2-15% slope The Carbo-Oaklet Silt Loam is not identified as a prime agricultural soil and has high shrink/swell properties. The subject property is currently developed as an office facility with construction contractor storage area and will not require expansion to accommodate the HVAC Repair use. Other Environmental Features The 1.21±-acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is located in the geographic portion of the County that is underlain by karst geology. However, the subject property is currently developed as an office facility with construction contractor storage area and will not require expansion to accommodate the HVAC Repair use. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: M-2, Industrial General District Use: H.P. Hood B-2, Business General District South: B-2, Business General District Use: Camping World B-3, Industrial Transition District Car Quest Distribution East: B-3, Industrial Transition District Use: Ultimate Automotive Group West: B-3, Industrial Transition District Use: Unimproved TRANSPORTATION 40 Greenway Engineering January 16, 2026 Plasters HVAC Rezoning File #2530MR Impact Statement/MMW 5 The 1.21±-acre subject property is currently improved as an office, showroom and storage facility with existing commercial entrance access from Commonwealth Court (Rt. 1167). The rezoning of the subject property from the B-2, Business General District to the B-3, Industrial Transition District, is intended to allow for the existing facility to be utilized as a HVAC Repair use. The Applicant (Get Plastered, LLC) will utilize the property for HVAC Repair services, hours of operation are from 8am to 5 pm, Monday through Saturday. Greenway Engineering met with the County Transportation Planning Director to discuss the intended use of the property; as well as other potential land uses that could occur within the B-3, Industrial Transition District. Greenway Engineering has conducted a comparative analysis of land uses within the B-3 District that are otherwise not permitted in the B-2 District and does not believe that these land uses would impact the existing transportation network. The property was originally zoned B-3 and was rezone to B-2 in 2016, the property will be returning to the original zoning and should not have cause additional traffic impacts. Commonwealth Court (Rt. 1167) is a state maintained road with separated right and left turn lanes at a signalized intersection with Valley Pike (US Route 11). The existing transportation network provides adequate storage capacity at the intersection and allows for protected left turn movements for traffic on Valley Pike and Commonwealth Court. SEWAGE CONVEYANCE AND TREATMENT As previously stated, the subject property is located wholly within the Sewer and Water Service Area (SWSA) and is therefore entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. Sewage flow generated by commercial development of the 1.21± acre site is projected to total 1,190 gallons per day. WATER SUPPLY As previously stated, the subject property is located wholly within the Sewer and Water Service Area (SWSA) and is therefore entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service within this area of the County. Water demand generated by commercial development of the 1.21± acre site is projected to total 1,190 gallons per day. SITE DRAINAGE The topographic relief on the 1.21±-acre subject property generally follows a south to north pattern, which directs drainage from the front of the rear. The approved site development plan for the subject site was designed to direct stormwater to the west and then drain to a facility in the northwest corner of the subject property. The subject property is currently developed as an office facility with showroom and construction contractor storage area and will not require expansion of the stormwater management facility to accommodate the 41 Greenway Engineering January 16, 2026 Plasters HVAC Rezoning File #2530MR Impact Statement/MMW 6 HVAC Repair use. Therefore, site drainage and stormwater management impacts to adjoining properties and the community have been mitigated. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures deemed to be historically significant on the 1.21±-acre subject property, nor does the survey identify properties within proximity of this site that are deemed potentially significant. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies t he 1.21±-acre subject property as being located within the proximity of the Second Kernstown study area boundary; however, the subject property is located outside of the defined core battlefield area and is also defined as having lost integrity due to existing development patterns. Therefore, the proposed HVAC Repair use will not create negative impacts associated with historic resources. 42 43 44 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Feb 9, 2026 Marisa Whitacre Greenway Engineering 151 Windy Hill Ln., Winchester, VA 22602 RE: Proposed Rezoning for Plasters HVAC Property Identification Numbers (PIN):75-A-91E Dear Ms. Whitacre: Planning and Development staff had the opportunity to review the draft rezoning application (REZ). This application seeks to rezone approximately +/1.21 acres from the B2 (General Business) Zoning District with proffers to the B3(industrial transition) Zoning District with proffers. The subject property is located at 161 Commonwealth Ct. in the Back Creek Magisterial District. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. •Comprehensive Plan Conformance. The Comprehensive Plan (adopted November 2021) and the Kernstown Area Plan provides guidance on the future development of the subject property. The Plan identifies the subject properties with a “business” land use designation and as being within the limits of the Urban Development Area (UDA). The property is in the Interstate Commercial at 310 sub-area and adjoins the Northern Kernstown Industrial sub-area. The Kernstown Area Plan described the future environment envision for the exit 310 sub-area. “The improvements to the Exit 310 Interchange on interstate 81 at Route 37 furthers the significant commercial opportunities by identifying these land uses in the Kernstown Interstate Commercial at Exit 310 area. Future improvements identified for this area are envisioned to continue to enhance this area’s major role for commercial and industrial development.” The intent of the B3 zoning district is described in §165-604.01 as “…[providing]for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access…” Given the intention to enhance industrial development and proximity to a designated industrial development site, the B3 district aligns with the future land use plan. 45 • General Development Plan. The general development plan (GDP) and proffer A.2 conflict. The proffer reads that the site will be brought into compliance of §165-601.02, however the GDP does not identify any potential areas that would be potentially removed. Areas should be identified as potential locations for greenspace conversion or the GDP should be removed. • Proffer Statement. The following revisions are offered for consideration as they relate to the proffer statement dated November 26, 2025: • Proffer A.2: Proffer A.2 should be revised to be required as part of the site plan approval. • Proffer A.2: See General Development Plan comment. • Proffer C: Proffer C should be revised to be $0.10 per square foot for any new building square footage. • Proffer C: A new occupancy permit would not be required as it is in the same use category. The proffer should be triggered by the change of use permit. • Proffer B: Proffer B is not an acceptable proffer as the general development plan does not meet code requirements. See General Development Plan comment. • Other Application Materials & Fee. • Provide documentation that property taxes for the site are paid and no delinquent charges are due. • Based on the fees adopted by the Board of Supervisors, the rezoning fee for this rezoning application would be $5,121. All the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application for a public hearing. The Applicant should verify with Planning & Development staff application completeness prior to final submission. Please feel free to contact me with questions regarding this application. Sincerely, Eric Bittner, Planner II Cc: Ben and Cassie Plaster, Get Plastered, LLC (cassie.plastershvac@gmail.com Wayne Stillwagon, Winchester Real Estate, LLC (wstillwagon@millersoffice.com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lasters HVAC 1.21 75-A-91E 161 Commonwealth Ct. B2(with proffers) B3(with Proffers) eric.bittner@fcva.us Andrew Fox (andrew.fox@fcva.us) No comments at this time. ✔ ✔ 47 48 49 Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. 50 Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Plasters HVAC 1.21 75-A-91E 161 Commonwealth Ct. B2(with proffers) B3(with Proffers) eric.bittner@fcva.us joseph.spielman@vdot.virginia.gov VDOT has no comments on the rezoning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lasters HVAC 1.21 75-A-91E 161 Commonwealth Ct. B2(with proffers) B3(with Proffers) eric.bittner@fcva.us Andrew Fox (andrew.fox@fcva.us) No comments at this time. ✔ ✔ 52 53 13 Telephone: Email: *Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 4. Project Name: 5. Property Information: Property Identification Number(s): Total acreage of the parcel(s): Total acreage of the parcel(s) to- be-rezoned: Current zoning designation(s) and acreage(s) in each designation: Proposed zoning designation(s) and acreage(s) in each designation: Magisterial District(s): Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Is this property within ½ miles of the Town of Stephens City, the Town of Middletown, the City of Winchester, Clarke County, or Shenandoah County (specify which): ________________________________________________________________________ 54 55 56 57 58 59 60 Real Estate Taxes Paid for Tax Year 2025 Map Number: 75 A 91E Account#: 8038734 Dept#Ticket#Seq#Owner Name Bill Date Description Tax Paid RE2025 47180 1 WINCHESTER REAL ESTATE LLC 4/15/2025 LOT5 COMMONWEALTH BUSINESS CTR 1.21 ACRES $3,839.76 RE2025 47180 2 WINCHESTER REAL ESTATE LLC 4/15/2025 LOT5 COMMONWEALTH BUSINESS CTR 1.21 ACRES $3,839.76 Total Paid: $7,679.52 This amount represents payments applied during calendar year 2025 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOFF, JR 2/23/26, 2:06 PM Frederick County Taxes Paid https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/PrintYearlyTaxes.aspx 1/161 Planning Commission Agenda Item Detail Meeting Date: March 18, 2026 Agenda Section: Public Hearings Title: Revocation of Conditional Use Permit #03-24 for 172 Fire House LLC and Barbara Singhas - (Mr. Cheran) Attachments: PC03-18-26Revocation_CUP03-24_Redacted.pdf 62 Revocation of CONDITIONAL USE PERMIT #03-24 172 Fire House LLC and Barbara Singhas Landscape Contracting Business Staff Report for the Planning Commission Prepared: March 4, 2026 Staff Contact: Mark Cheran, Zoning Administrator Executive Summary: Meeting Schedule Planning Commission: March 18, 20256 Action: Pending Board of Supervisors: April 8, 2026 Action: Pending Property Information Property Identification Number (PIN) 52-A-287B Address 171 Old Firehouse Lane Magisterial District Back Creek Acreage 5.0 +/- acres Zoning & Present Land Use Zoning: RA (Rural Areas) District Land Use: Landscaping Contracting Business 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: Agricultural/Residential West: RA (Rural Areas) District Land Use: Residential Revocation of Conditional Use Permit #03-24 (CUP#03-24) of the Frederick County Zoning Ordinance The property is in violation of the conditions of CUP #03-24 approved by Frederick County on August 18, 2024. Review Agency Comments: Review Agency Comment Date Comment Summary Virginia Department of Transportation (VDOT) N/A Frederick-Winchester Health Department N/A 63 Page 2 of 3 Frederick County (FC) Public Works N/A FC Inspections N/A FC Fire Marshal N/A Winchester Regional Airport N/A Frederick Water N/A City of Winchester N/A Historic Resources Advisory Board (HRAB) N/A Planning & Zoning: This property was cited on June 9, 2023, for operation of a landscape contracting business (A Cut Above Landscaping) without an approved Conditional Use Permit (CUP). The owner of the property applied for a CUP for a landscape contracting business on June 13, 2024. The Board of Supervisors approved CUP #03-24 on August 14, 2024, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation for the site shall be limited to 6:00 AM to 8:00 PM daily with the exception for emergency inclement weather services (snow removal and storm damage remediation). Customer visits shall be limited to 8:00 AM to 5:00 PM daily. 3. No more than 60 employee vehicles on the property at any time. 4. A minor site plan shall be approved by Frederick County, and the improvements shown on the site plan shall be completed prior to the establishment of this use. 5. Any expansion or change of use shall require a new Condition Use Permit. Violation of Condition: The business has been operating for two (2) years in violation of Condition 4. A minor site plan shall be approved by Frederick County, and the improvements shown on the site plan shall be completed prior to the establishment of this use. A minor site plan has not been approved by Frederick County for this use. The owner applied for and submitted minor site plan on July 21, 2025, for staff to review. Staff reviewed the site plan on July 29, 2025, and could not grant approval of the plan. The owner needed to address issues of the plan that staff identified for approval. The owner has not addressed any of the issues to allow staff to approve this site plan. 165-103.08 Revocation: 64 Page 3 of 3 The Board of Supervisors may, by resolution, initiate the revocation of any active conditional use permit. The consideration of the revocation shall proceed following the procedure set forth for approving a new conditional use permit. Following recommendation by the Planning Commission, the Board may revoke an active conditional use permit for the following reasons: A. Failure to establish or discontinuance of the approved conditional use. If the approved conditional use has not been established within two years of approval or if it has been discontinued for two years, the conditional use permit may be revoked. B. Repeated or continuing violations of this chapter, including violations of the conditions placed on the permit. C. Fraudulent, false or misleading information supplied by the applicant for the conditional use permit. Recommendation: The property is in violation of approved CUP #03-24., Condition 4 A minor site plan shall be approved by Frederick County, and the improvements shown on the site plan shall be completed prior to the establishment of this use. The business has been operating without an approved site plan since 2024, in violation of the above-referenced condition. Staff is seeking action on this revocation of CUP #03-24. Following a public hearing, staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this CUP application. 65 OLD FIREHOUSE LN 52 A 287B 218 WOODCHUCK LN 729 ROUND HILL RD 769 ROUND HILL RD 759 ROUND HILL RD 745 ROUND HILL RD 749 ROUND HILL RD 739 ROUND HILL RD 350 OLD FIREHOUSE LN µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: February 24, 2026 £¤50 ROUND HILLRD BARRAC K S LNPOORHOUSERD PINGLEYLNTRINITYLNMOUNTVISTADRNORTHWESTERN PIKE CATHER LNWOODCHUCK LNOLDFIREHOUSE LN Round Hill 0 130 26065 Feet CUP # 03 - 24: 172 Fire House LLC and Barbara Singhas PIN: 52 - A - 287B Revocation of CUP Zoning Map Application Sewer and Water Service Area Parcels CUP #03-24 66 OLD FIREHOUSE LN 52 A 287B 759 ROUND HILL RD 745 ROUND HILL RD 749 ROUND HILL RD 739 ROUND HILL RD 350 OLD FIREHOUSE LN 218 WOODCHUCK LN 729 ROUND HILL RD 769 ROUND HILL RD µ Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: February 24, 2026 £¤50 ROUND HILLRD BARRAC K S LNPOORHOUSERD PINGLEYLNTRINITYLNMOUNTVISTADRNORTHWESTERN PIKE CATHER LNWOODCHUCK LNOLDFIREHOUSE LN Round Hill 0 130 26065 Feet CUP # 03 - 24: 172 Fire House LLC and Barbara Singhas PIN: 52 - A - 287B Revocation of CUP Location Map Application Sewer and Water Service Area Parcels CUP #03-24 67 RE2025 39771-0001 5.00 ACRES $1,402.56 $128.56 $1,671.38$140.268013765 RE2025 39771-0002 5.00 ACRES $1,402.56 $51.43 $1,594.25$140.268013765 County of Frederick C. WILLIAM ORNDOFF, JR P.O BOX 225 WINCHESTER. VA 22604 STATEMENT OF ACCOUNT BALANCE SINGHAS BARBARA C & 172 FIRE HOUSE LLC 393 SADDLEBACK LN WINCHESTER VA 22602-2889 Date: Penalty & Interest Date: Map Number: 3/11/2026 3/11/2026 52 A 287B Tax Year Ticket Number Description Tax Due Interest Total Due Voice: 540-665-5607 Fax: 540-662-5838 Penalty Account # Totals:$2,805.12 $280.52 $3,265.63 Make check Payable to:County of Frederick Mailing Address: Email: Pay online at: P.O. Box 225 Winchester, VA 22604 Borndoff@fcva.us www.fredtax.com Page 1 of 1 $179.99 REAL ESTATE TAXES ON THE PROPERTY ARE CURRENTLY DELINQUENT 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Fw: '[External]'Fw: Conditional Use Permit for 171 Old Firehouse Lane Tyler Klein <tklein@fcva.us> Wed 6/26/2024 1:59 PM To: Kayla Peloquin <kayla.peloquin@fcva.us> From: Spielman, Joseph (VDOT) <Joseph.Spielman@vdot.virginia.gov> Sent: Wednesday, June 26, 2024 1:57 PM To: Wya Pearson <wya.pearson@fcva.us>; Tyler Klein <tklein@fcva.us> Cc: Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov> Subject: '[External]'Fw: Condional Use Permit for 171 Old Firehouse Lane Tyler, Wya, Based on our evaluaon a le turn lane does not appear to be warranted and no analysis is needed at this me. We can reevaluate the need for a le turn lane during final site plan review. Ryan Joseph Ryan Spielman Land Development Engineer / Edinburg Residency Virginia Department of Transportation 540-535-1829 joseph.spielman@vdot.virginia.gov From: Robert Sproul <sproul@harrison-johnston.com> Sent: Friday, June 14, 2024 11:54 AM To: Spielman, Joseph (VDOT) <joseph.spielman@vdot.virginia.gov>; joseph.johnson@vdot.virginia.gov <joseph.johnson@vdot.virginia.gov> Cc: Tyler Sne Subject: Condional Use Permit for 171 Old Firehouse Lane Good morning Ryan, Thanks for taking the time to speak with Tyler this morning. I am sorry I was not able to be there for the conversation. Attached is the application for the Conditional Use Permit that you all spoke about. The VDOT portion and response are on pages 18 and 19 of the .pdf. The previous VDOT response requested a turn lane study and we would like to determine what precipitated that request, and if there is anything we can do to have that request reconsidered (e.g. no customer visits, limitation on the number of employees, etc.). Please feel free to reach out should you have any questions at all or wish to discuss further. Tyler and I would also be available to meet with you or anyone else from VDOT, at the site if that’s helpful, to discuss these matters. 7/16/24, 9:21 AM Mail - Kayla Peloquin - Outlook https://outlook.office365.com/mail/id/AAQkADRmNzNkNjZjLWEwYzYtNDZjMy1iZTdjLWRkZmQzNTkxMDIzNQAQANdUdomAkEnTqczzlFmQX0Y%3D 1/284 Thanks again and I look forward to hearing from you. ROBERT J. SPROUL COUNSEL 21 S. Loudoun Street Winchester, VA 22601 (540) 667-1266 (540) 667-1312 fax (571) 510-0577 cell www.harrison-johnston.com Harrison & Johnston, PLC does not request or accept wire instructions by e-mail. Please call our office to verify all wire instructions. If you have any difficulty, or if the transmission was incomplete, please advise. This message is intended only for the use of the individual or entity to which it is addressed and may contain infor mation that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone or e-mail, and delete the electronic version of the message from your system. Thank you. 7/16/24, 9:21 AM Mail - Kayla Peloquin - Outlook https://outlook.office365.com/mail/id/AAQkADRmNzNkNjZjLWEwYzYtNDZjMy1iZTdjLWRkZmQzNTkxMDIzNQAQANdUdomAkEnTqczzlFmQX0Y%3D 2/285 86 87 88 89 90 91 92 93 94 95 r Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: r ORDINANCE July 3, 2024 August 14, 2024 Recommended Approval Approved CONDITIONAL USE PERMIT 03-24 172 FIRE HOUSE LLC & BARBARA SINGHAS WHEREAS, CONDITIONAL USE PERMIT 03-24 was submitted by 172 Fire House LLC and Barbara Singhas for a landscape contracting business at 171 Old Firehouse Lane Winchester, Virginia, identified with Property Identification Number (52-A-287B) in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on July 3, 2024 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit on August 14, 2024; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, and welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDA INED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code, Zoning, Conditional Use Permit 03-24 for a landscape contracting business on the parcel identified with Property Identification Number ( 52-A-287B) is approved with the following conditions:1.All review agency comments and requirements shall be complied with at all times.2.Hours of operation for the site shall be limited to 6:00 AM to 8:00 PM daily with exceptionsfor emergency inclement weather services (snow removal and storm damage remediation).Customer visits shall be limited to 8:00 AM to 5:00 PM daily.3.No more than 60 employee vehicles on the property at any one time.4.A minor site plan shall be approved by Frederick County, and the improvements shown onthe site plan shall be completed prior to the establishment of this use.Res. No. 15-24 PDRes. //40-24 96 97 Planning Commission Agenda Item Detail Meeting Date: March 18, 2026 Agenda Section: Other Title: Current Planning Applications Attachments: 98