HomeMy WebLinkAboutPCAgenda2026May61.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.Committee Reports
6.Citizen Comments
7.Public Hearings
7.A.Rezoning #03-26 of Snowden Bridge Station, LLC - (Mr. Bittner)
Submitted to rezone +/- 1.61-acres from B2 (General Business) Zoning District with
proffers to B2 (General Business) Zoning District with proffers and the Interstate Area
(IA) Overlay Zoning District. The property is located at 1818 Martinsburg Pike,
Winchester, and is identified by Property Identification Number 43-A-150 in the
Stonewall Magisterial District.
7.B.Conditional Use Permit #01-26 for Ricky E. & Eric A. Chase - (Mrs.
Feltner)
Submitted to utilize an existing detached garage for an Automotive Repair/Public
Garage. The property is located at 541 Ruebuck Road, Clearbrook, and is identified
with Property Identification Number 23-4-3-5 in the Gainesboro Magisterial District.
7.C.Ordinance Amendment to the Frederick County Code - (Mrs. Feltner)
AGENDA
PLANNING COMMISSION
WEDNESDAY, MAY 6, 2026
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC05-06-26REZ03-26_Redacted.pdf
PC05-06-26CUP01-26_Redacted.pdf
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Modifications to amend design requirements contained in §165-203.02(C)(1) for
Residential Separation Buffers.
ARTICLE II - SUPPLEMENTAL USE REGULATIONS; PARKING; BUFFERS; AND
REGULATIONS FOR SPECIFIC USES;
PART 203 - BUFFERS AND LANDSCAPING
§165-203.02(C)(1) – RESIDENTIAL SEPARATION BUFFER
8.Other
8.A.Current Planning Applications
9.Adjourn
PC05-06-26OA_ResidentialSeparationBuffer.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: May 6, 2026
Agenda Section: Public Hearings
Title: Rezoning #03-26 of Snowden Bridge Station, LLC - (Mr. Bittner)
Attachments:
PC05-06-26REZ03-26_Redacted.pdf
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REZONING #03-26
Snowden Bridge Station Interstate Overlay
Staff Report for the Planning Commission
Prepared: April 22, 2026
Staff Contact: Eric Bittner, Planner II
Executive Summary:
Meeting Schedule
Planning Commission: May 6, 2026 Action: Pending
Board of Supervisors: TBD Action: Pending
Property Information
Property Identification Number (PIN) 43-A-150
Address 1818 Martinsburg Pike, Winchester
Magisterial District Stonewall
Acreage +/- 1.61acres
Zoning & Present Land Use Zoning: B2 (General Business) with proffers
Land Use: Commercial
Proposed Zoning B2 (General Business) with proffers and with
Interstate Area (IA) Overlay District
Adjoining Property Zoning & Present Land Use
North: B2 (General District) District Land Use: Commercial
South: B2 (General Business) District Land Use: Commercial
East: B2 (General Business) District Land Use: Vacant
West: B2 (General Business) District Land Use: Commercial
Proposed Use
This is a request to rezone 1.61± acres from B2 (General Business) Zoning District with
proffers to B2 Zoning District with proffers and to the Interstate Area (IA) Overlay District.
The proposal is intended to allow for an interstate sign to display gasoline prices above the
standard height limit of the district.
Positives
Concerns
The proposed rezoning is in conformance
with the Comprehensive Plan and advances
the Northeast Frederick Area Plan for
interstate businesses.
While the property does not adjoin any
properties that would trigger an increased
setback, it is near residential uses, which the
proposal could impact. While the applicant is
proposing a sign approximately 46 feet in
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height, if approved, a sign could be allowed
approximately 110 feet in height.
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Virginia
Department of
Transportation
(VDOT)
4/1/2026 “VDOT has no comments.”
Frederick County
Inspections
3/2/2026 “No comment.”
Frederick County
Public Works
3/17/2026 “No comments- no proposed changes
to grading or stormwater
infrastructure.”
Frederick County
Fire Marshal
3/16/2026
“All applicable sections of the
Frederick County Fire Prevention
Code Shall apply to any and all future
development.”
Frederick County
Attorney
4/2/2026
“The proffer statement meets the
requirements of the Frederick County
Zoning Ordinance and the Code of
Virginia and is legally sufficient as
proposed for recordation. “
Legal form.
Planning & Zoning Staff Analysis:
Site History:
The property has an approved site plan (SP#02-23) approved for a 5,800 square foot convenience
store with gasoline fueling stations. The property was rezoned in 2022 (REZ#01-22; approved
06/22/2022)) and was changed from the M1(Light Industrial) Zoning District to the B2 (General
Business) Zoning District with proffers.
The property is currently permitted one monument sign which is capped at 25’. The Interstate Area
(IA) Overlay District would permit an additional monument sign regulated by §165-704.05.I.(2);
this code section assigns sign heights by interchange area and is capped by height above of mean
sea level. The site’s location near Exit 317 allows a maximum business sign height of 815’ above
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mean sea level. At current grading based on the County’s Geographic Informational Systems
(GIS), if approved, the property could have a sign approximately ±105’ in height.
Comprehensive Plan Conformance:
The Comprehensive Plan (adopted November 2021) and the Northeast Frederick Area Plan
provide 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 and Martinsburg Pike Commercial
and Industrial Areas” sub-area. The Northeast Frederick Area Plan provides guidance on the
development patterns for this area as follows.
“…Properties west of the rail corridor may be well suited to meet community needs for
anchor retail, and further study of these properties may be appropriate to determine
whether the inclusion of residential uses would be necessary to support such activity.
Existing residential uses are located along Martinsburg Pike, in close proximity to
transition in the future to higher intensity uses, development applications should seek to
mitigate their impact on these residences near term.
The site is also located in close proximity to Exit 317, and the plan offers the following guidance
regarding development in this area.
“Located at highly visible locations on interstate interchanges, these areas should be
designed to accommodate and promote highway commercial land uses particular effort
must be made to ensure that access management for the supporting transportation network
is a key priority as the function of the Interstate and Primary road network is critical. As
these areas are highly visible, building and site design should be of a high quality to ensure
that these areas put forth an attractive view for both residents and visitors; enhanced
buffers and screening are also important along Interstate 81 and adjoining roadways.”
The intent of the Interstate Area Overlay Zoning District is described in §165-604.01 as
“… to provide commercial businesses within an identified area the ability to utilize business
signs that are in excess of the limits specified in § 165-201.06 of this chapter. This flexibility
is provided to inform the traveling public of business service opportunities at specific
interstate interchange areas. The standards within this Part 704 are designed to allow for
additional visibility for commercial businesses while minimizing negative impacts to view
sheds, the traveling public and residential properties that are adjacent to or within the
proximity of the overlay district. Established boundaries are based on reasonable sight
distances and policies set forth in the Comprehensive Plan and are intended to designate
each interstate interchange area and provide guidance for considering the addition of
subsequent properties.”
Given the property’s current zoning of B2 (General Business), the future land use designation
(“business”), and proximity to Exit 317/I-81, the Interstate Area (IA) Overlay District may align
with the policies contained in the Comprehensive Plan. Consideration should be given to the
residential uses close to the property and the impact on those residences should be adequately
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mitigated. The proposed sign currently conforms to minimum zoning requirements for a minimum
setback of 10 feet, being sited at 11 feet from Martinsburg Pike (Route 11) but is disproportionately
close to the adjoining roadway in comparison to other IA Overlay District Signs along the same
corridor, the closest neighboring sign at 1544 Martinsburg Pike, the Wawa gas station and
convenience store, is located ±196’ from Martinsburg Pike.
Transportation & Site Access:
The request does not propose any alterations to the current approved entrances. Proffer
Statement, Generalized Development Plan (GDP), & Impact Analysis:
All proffers from the previously approved rezoning (REZ#01-22) are proposed to remain
unaltered, with the exception of Proffer 2.C.
Proffers
(June 2, 2022)
Staff Comment
2. C. Land Use Restrictions The proffer prevents no more than two signs
being erected on the property, with only one
sign to be subject to the Interstate Area
Overlay Design Requirements.
Below are the sketch plan of the location and the proposed sign. Staff note that there is no
condition requiring the sign to match the proposal. While the proposed plan is a 46’ 3” sign, a
±110’ high sign would be permitted on the property.
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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.
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Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: April 16, 2026
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REZ # 03 - 26: Snowden Bridge Station Interstate Area Overlay
PIN: 43 - A - 150
Rezoning from B2 to B2 with Proffers and Interstate Area Overlay Zoning District
Location Map
Application
Sewer and Water Service Area
Parcels
£¤11
REZ #03-26
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Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: April 16, 2026
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REZ # 03 - 26: Snowden Bridge Station Interstate Area Overlay
PIN: 43 - A - 150
Rezoning from B2 to B2 with Proffers and Interstate Area Overlay Zoning District
Zoning Map
Application
Sewer and Water Service Area
Parcels
B2 (General Business District)
£¤11
REZ #03-26
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Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: April 16, 2026
£¤11
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REZ # 03 - 26: Snowden Bridge Station Interstate Area Overlay
PIN: 43 - A - 150
Rezoning from B2 to B2 with Proffers and Interstate Area Overlay Zoning District
Long Range Land Use Map
Application
Sewer and Water Service Area
Parcels
Long Range Land Use
Business
£¤11
REZ #03-26
£¤11
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SNOWDEN BRIDGE STATION, LLC
IMPACT ANALYSIS STATEMENT
February 20, 2026
GENERAL SITE INFORMATION
Location:
1818 Martinsburg Pike
Magisterial District:
Stonewall District
Tax Map Number:
43-A-150
Current Zoning:
B2
Current Use:
Convenience market with gasoline fueling stations
Proposed Zoning:
B2 with Interstate Area Overlay
Proposed Use:
Convenience market with gasoline fueling stations
Total Rezoning Area: 1.61 acres
INTRODUCTION
This statement has been prepared for the purpose of assessing the impact on Frederick County by
the rezoning of property identified as Tax Map Number 43-A-150 (the “Property”) to B2 (General
Business District) with Interstate Area Overlay. The subject parcel is located at 1818 Martinsburg
Pike across from the Rutherford Crossing Shopping Center.
The property is currently zoned B2 (General Business District). This application proposes to
rezone the Property from B2 (General Business District) to B2 (General Business District) with
Interstate Area Overlay.
The Property is already subject to proffers as part of Rezoning #01-22 which was approved by the
Board of Supervisors on June 8, 2022. The Property also has site plan approval for a 5,800 square
foot convenience market with gasoline fueling stations (Site Plan #02-23). The purpose of this
rezoning application is to add the Property to the Exit 317 Interstate Area Overlay District so that
Snowden Bridge Station, LLC (the “Owner”) may install an interstate overlay sign on the Property
in the location generally shown on “Exhibit A.”
The IA Interstate Area Overlay District (the “IA District”) is intended to provide
commercial businesses within an identified area the ability to utilize business signs
that are in excess of the limits specified in [the Zoning Ordinance]. This flexibility
is provided to inform the traveling public of business service opportunities at
specific interstate interchange areas.
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Impact Analysis Statement Snowden Bridge Station, LLC
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Frederick County Zoning Ordinance § 165-704.01.
The Exit 317 IA District already includes numerous properties located to the west of I-81 but only
one property (Target in Rutherford Crossing) on the east side of I-81. The property on the west
side of I-81 furthest from Exit 317 is located approximately 1,400 feet from the southbound exit
ramp and 1,800 feet from the northbound exit ramp. The Property is well within that distance from
the Exit 317 exit ramps being located approximately 1,300 feet from the northbound exit ramp and
1,700 feet from the southbound exit ramp. Further, Exit 317 has already been approved for a
significant redesign, realignment, and reconfiguration which when completed will shorten these
distances dramatically.
Owner submits that rezoning the Property to B2 with Interstate Area Overlay is a compatible use
with the business character of this section of Martinsburg Pike. The Comprehensive Plan states
that business development land uses in the area of Exit 317 of I-81 should be “designed to
accommodate and promote highway commercial land uses.” See Northeast Land Use Plan, p. 2.
Adding the Property to the IA District will permit Owner to install an interstate overlay sign similar
to the interstate overlay signs already located on the west side of I-81. This will have the benefit
of informing the traveling public of the additional business service opportunities located on the
east side of Exit 317 in conformance with the intent of the IA District and the Comprehensive Plan.
The interstate overlay sign will make the Property more visible to those traveling northbound on
I-81 who can easily exit and re-enter I-81 while remaining on the east side of the interchange.
Pursuant to Frederick County Zoning Ordinance § 165-704.03(A), the Property is in conformance
with the idealized interchange development pattern recommendation of the Comprehensive Plan
which currently proposes the re-alignment of Red Bud Road and the existing northbound exit
ramp. Adding the Property to the IA District will not interfere with the County’s re-alignment
plans. Further and as discussed below, the placement of an interstate overlay sign on the Property
will not have an adverse impact on any adjoining properties whose primary use is residential
because this area of Martinsburg Pike is primarily commercial. Lastly, the Property has met the
requirements of Article I of the Frederick County Zoning Ordinance as well as the requirements
of § 15.2-2286 of the Code of Virginia 1950, as amended.
USE OF SURROUNDING LAND
The properties surrounding the Property are zoned B2. This area of Martinsburg Pike is primarily
commercial in nature. There will be no economic, physical, visual, or nuisance impacts to
surrounding properties. In fact, other businesses located in the vicinity of the Property may benefit
from the Property’s inclusion in the Interstate Overlay District as an interstate overlay sign will
draw customers to the east side of Exit 317.
TRAFFIC
Owner has already addressed any traffic impacts which may arise as a result of this rezoning as
part of the prior rezoning approval and site plan approval.
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Impact Analysis Statement Snowden Bridge Station, LLC
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SEWER AND WATER FACILITIES
The Sewer and Water Service Area (SWSA) defines the areas of the County to which public water
and sewer services may be extended. The Property is located inside of the SWSA.
POPULATION
There will not be an increase in the Frederick County population as a result of this rezoning.
ADDITIONAL DEMANDS
There will be no demand on school facilities, public parks or recreational facilities, solid waste
facilities, or other public facilities as a result of this rezoning. The Property is subject to proffers
approved with the prior rezoning which provides for a monetary contribution for fire and rescue
services.
STORMWATER IMPACTS
There are no stormwater impacts as a result of this rezoning.
ENVIRONMENTAL FEATURES AND IMPACTS
There are no impacts to the Property’s environmental features as a result of this rezoning.
HISTORIC STRUCTURES
There are no historic structures located on the Property.
OTHER IMPACTS
Owner does not anticipate any other impacts resulting from this rezoning.
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Frederick Home Frederick County Virginia LIFE AT THE TOP
Pay/Lookup Taxes
Inquiry of Real Estate
Map Number:43 A 150 View Map Name:SNOWDEN BRIDGE STATION LLC
Account#Dept#Ticket#Seq#Due Date Detailed Information (Click Below)Amount Due
ViewBill View Back of Bill 8008672 RE2022 20620 1 6/6/2022 2022 REAL ESTATE $0.00
ViewBill View Back of Bill 8008672 RE2022 20620 2 1/18/2023 2022 REAL ESTATE $0.00
ViewBill View Back of Bill 8008672 RE2023 39111 1 6/5/2023 2023 REAL ESTATE $0.00
ViewBill View Back of Bill 8008672 RE2023 39111 2 12/5/2023 2023 REAL ESTATE $0.00
ViewBill View Back of Bill 8008672 RE2024 40023 1 6/5/2024 2024 REAL ESTATE $0.00
ViewBill View Back of Bill 8008672 RE2024 40023 2 12/5/2024 2024 REAL ESTATE $0.00
ViewBill View Back of Bill 8008672 RE2025 40703 1 6/5/2025 2025 REAL ESTATE $0.00
ViewBill View Back of Bill 8008672 RE2025 40703 2 12/5/2025 2025 REAL ESTATE $0.00
Total Due: $0.00
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Planning Commission
Agenda Item Detail
Meeting Date: May 6, 2026
Agenda Section: Public Hearings
Title: Conditional Use Permit #01-26 for Ricky E. & Eric A. Chase - (Mrs. Feltner)
Attachments:
PC05-06-26CUP01-26_Redacted.pdf
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CONDITIONAL USE PERMIT #01-26
Ricky Chase (Repair Garage)
Public Garage/Automotive Repair
Staff Report for the Planning Commission
Prepared: April 21, 2026
Staff Contact: Amy Feltner, Planner
Executive Summary:
Meeting Schedule
Planning Commission: May 6, 2026 Action: Pending
Board of Supervisors: June 10, 2026 Action: Pending
Property Information
Property Identification Number (PIN) 23-4-3-5
Address 541 Ruebuck Road
Magisterial District Gainesboro
Acreage +/- .96 acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Public Garage
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: West Virginia
West: RA (Rural Areas) District Land Use: Residential
Proposed Use
This is a request for a conditional use permit (CUP) for a public garage for automotive repair
in the RA (Rural Areas) Zoning District.
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Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
March 17, 2026 Approved – no negative
impact on the transportation
network. If the use increases
or changes, an opportunity to
review the CUP again would
be necessary.
Frederick-Winchester Health
Department
March 31, 2026 Approved. The existing
sewage appears to be
functioning properly as
specified in an inspection
completed by a licensed
sewage system contractor.
Frederick County (FC)
Inspections
March 18, 2026 Handicap with correct
signage is required near
building entrance.
FC Fire Marshal March 24, 2026 Smoke detectors and fire
extinguishers shall be present
throughout the building.
FC Public Works March 25, 2026 No comment. No proposed
land disturbance.
Planning & Zoning:
Application Proposal:
This is a request for a conditional use permit (CUP) for a public garage for automotive repair in
the RA (Rural Areas) Zoning District on +/-.96-acres. The proposed repair garage will be operated
inside an existing 1200 square foot structure (garage). The repairs and services will consist of
replacing brakes, steering, suspension components, replacement engines, and transmissions. The
applicant is requesting a repair garage which is not a performance garage. Waste and scrap
materials are stored inside the facility. The hours of operation as proposed in the application are 9
a.m. – 5 p.m. Monday through Friday. No weekend hours of operation are proposed. The
anticipated number of customers in the application is to three (3) customers daily. The vehicles
are placed in the gravel parking area outside the garage and will be completely screened on all four
sides by a six-foot tall wooden fence and gate. The work is completed on a drop-off basis per the
applicant and there are no customers waiting. Inoperable vehicles may be dropped off by a towing
service provided by the vehicle owners.
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Staff Analysis:
§165-103.02 of the Federick County Zoning Ordinance for Conditional Use Permits (CUP) states
that the Planning Commission and Board shall consider the following standards when considering
Conditional Use Permits:
A.The conditional use shall not tend to change the character and established pattern of
development of the area of the proposed use.
•Public Garage is designed for use of servicing, repairing, or equipping motor vehicles.
(165-101-02). The proposed use is permitted in the RA (Rural Area) District with an
approved conditional use permit. The property is surrounded by other RA (Rural Area)
zoned properties, which includes vacant agricultural and single-family detached
residences. The property is zoned RA (Rural Area) and, and if all conditions are adhered
to, will not change the character and established development of the area.
B.The conditional use shall be in harmony with and shall not adversely affect the use and
enjoyment of surrounding properties.
•The property is surrounded by other RA (Rural Area) zoned properties, which includes
vacant agricultural and single-family detached residences. The proposed use will not
adversely affect the use and enjoyment of the surrounding properties if operated under the
conditions specified.
C.The conditional use shall be in accord with the policies expressed in the Comprehensive
Plan of the County and with the intent of this chapter.
•The Comprehensive Plan identifies this area of the County as “rural” and is to remain
agricultural in nature and is not part of any land use study.
D.The conditional use shall not adversely affect the natural character and environment of the
County.
•No new structures are proposed, and if the operation is conducted inside an existing facility
as proposed and in accordance with all conditions, the proposal would not adversely affect
the nature and character of the environment.
E.The conditional use permit shall be approved only if adequate facilities, roads, safe access
and drainage are provided.
•The property is accessed via an existing private driveway located at 541 Ruebuck Road.
F.The conditional use shall conform with all applicable regulations of the district in which it
is located.
•The Zoning Ordinance provides additional regulations for motor vehicle service uses,
automotive repair shops, and public garages in §165-204.12. The additional regulation for
specific uses is as follows:
o All repairs shall take place within the enclosed structure.
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o All exterior storage of parts and equipment shall be screened from view of
surrounding properties by an opaque fence or screen of at least six feet in height.
o Inoperative vehicles shall be stored within a totally enclosed building or screened
on all sides by a six-foot tall opaque element such as a fence, wall or berm. The sale
of automobiles is prohibited.
Staff would note that the Conditional Use Permit (CUP) is being requested to mitigate a zoning
violation of operating a repair garage without a Conditional Use Permit. The applicant is currently
operating as a mobile repair service. The applicant has applied for the building permit and working
to obtain permit approval for the existing pre-engineered metal building. Staff conducted a site
inspection on April 17, 2026. The parking area is currently screened on the south and east sides
with a six-foot tall opaque fence. Additional screening would be required on the north and west
sides. The location and type of the screening will be noted on the illustrative sketch.
Conditions of Approval:
Should the Planning Commission find the public garage use to be appropriate, staff would suggest
the following conditions for the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and
all improvements completed prior to the establishment of the use.
3. All automotive repair related activities, including repairs, shall occur entirely within an
enclosed structure. Any exterior storage of parts and equipment shall be screened from
view by an opaque fence or screen at least six (6) feet in height.
4. All parking areas shall have a gravel or hard surface.
5. The business is not permitted employees beyond those residing on the property.
6. The hours of operation shall be from 9 a.m. to 5 p.m. Monday through Friday.
7. A maximum of eight vehicles awaiting service is permitted inside the fenced parking
area.
8. Any expansion or change of use shall require a new Conditional Use Permit.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this CUP application.
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RUEBUCK RDSASSAFRAS LN23 4 3 5
178
GRANDVIEW LN
553
RUEBUCK RD
563
RUEBUCK RD
577
RUEBUCK RD
151
SASSAFRAS LN
181
SASSAFRAS LN
505
RUEBUCK RD
519
RUEBUCK RD
529
RUEBUCK RD
µ
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: April 16, 2026
GRANDVIEW LN RUEBUCK RDORCHARDDALE DR0 90 18045 Feet
BERKELEY
COUNTY
WV
CUP # 01 - 26: Eric Chase
PIN: 23 - 4 - 3 - 5
Repair Garage
Zoning Map
Application
Parcels
CUP #01-26
51
RUEBUCK RDSASSAFRAS LN23 4 3 5
553
RUEBUCK RD
563
RUEBUCK RD
577
RUEBUCK RD
178
GRANDVIEW LN
505
RUEBUCK RD
519
RUEBUCK RD
529
RUEBUCK RD
151
SASSAFRAS LN
181
SASSAFRAS LN
µ
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: April 16, 2026
GRANDVIEW LN RUEBUCK RDORCHARDDALE DR0 90 18045 Feet
BERKELEY
COUNTY
WV
CUP # 01 - 26: Eric Chase
PIN: 23 - 4 - 3 - 5
Repair Garage
Location Map
Application
Parcels
CUP #01-26
52
6
AAPPLICATIONN FORR CONDITIONALL USEE PERMIT
FREDERICKK COUNTY,, VIRGINIAA
____________________________________________________________ _________________
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telepho Ema
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Ema
2. Other Interested Parties (such as a contract purchaser) (please attach additional
page(s) if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact person
for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Submittal Deadline __________
P/C Meeting __________
BOS Meeting __________
Ricky E. Chase
Eric A. Chase
541 Ruebuck rd, clear brook, va 22624
e
Eric A. Chase
541 Ruebuck rd, clear brook, va 22624
540 e
53
7
Telephone: Email:
4. The property has a road frontage of __________ feet and a depth of __________ feet
and consists of __________ acres. (Please be exact)
5. The property is owned by ________________________________________ as
evidenced by deed from ___________________________ (previous owner) recorded
in deed book no. ________ on page ________, as recorded in the records of the Clerk
of the Circuit Court, County of Frederick.
6.___
7. Adjoining Properties:
Zoning:Use:
North:
South:
East:
West:
8. Conditional use(s) proposed: (cconsult with the Planning Dept. before completing):
_______________________________________________________________________
9. Describe, if applicable, any new buildings to-be-constructed associated with this use
(attach additional documentation as necessary):
_______________________________________________________________________
________________________________________________________________________
10. The following are all of the individuals, firms, or corporations owning property
adjacent to all sides (including across street from) the property where the
requested use will be conducted. These people will be notified by mail of this
application:
NName and Property Identification Number AAddress
Name
Property #
Name
Property #
118 352
1
Ricky E. Chase
Ricky E. Chase
Property Identification Number(s) (P.I.N.):___23-4-3-5 ___
Magisterial
District:____Gainesboro___________________________________________________ Current
Zoning:______RA ____________________________________________________
RA residential
RA residential
RA residential
unavailable agriculture/ business
Public Garage
Phillip Dodson
23 4 3 6
Darrel Shaw
23 4 3 4
553 Ruebuck Rd, Clear Brook, VA 22624
529 Ruebuck Rd, Clear Brook, VA 22624
& Susan Alane Phillip
& Lonnie Sue Shaw
54
8
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
10. Please attach a sketch of the property (refer to “Application Steps”).
11. Please attach a written description of the proposed use (refer to “Application Steps”).
I (we), the undersigned, do hereby respectfully make application and petition the governing
body of Frederick County, Virginia to allow the use described in this application. I understand
that the sign issued to me when this application is submitted must be placed at the front
property line at least seven (7) days prior to the first public hearing and maintained so as to
be visible until after the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick County Planning
Commission, Board of Supervisors or Planning and Development Department to inspect your
property where the proposed use will be conducted.
*All owners listed on the property record shall sign the application.
Signature of Applicant ___________________________
Signature of Owner(s) __________________________________
Mitchell Shumaker
23 5 G
151 Sassafras Ln, Clear Brook, VA 22624& Debbie Kane
55
9
______________________________________________________
Owners' Mailing Address ____________________________________________________
Owners' Telephone No. __________________________________________
*A signed Power of Attorney form is required if someone is signing on the owner(s) behalf.
541 Ruebuck rd, Clear Brook, Va 22624
5
56
Outlook
'[External]'Eric Chase business plan
From Eric Chas
Date Sun 4/19/2026 11:51 AM
To Amy Feltner <alight@fcva.us>
Hello, this message will serve as my operating agreement. I have attached all listed documents as well.
I am planning to open an automotive repair shop and repair customer vehicles inside the existing 1200 square foot
garage at 541 Ruebuck rd, Clearbrook, VA 22624
I am planning to be open from 9-5 Monday through Friday to the public.
I will be the sole employee. I have a restroom within 200 feet of the work area. I do not plan on building a restroom or
having plumbing to this building.
The repairs will consist of replacing brakes, steering, and suspension components. I will also replace engines and
transmissions. This is not a performance shop so noise will be in a normal range.
All work to be completed is on a drop off basis only, that being said there will be no waiting customers permitted. All
vehicles that come to the garage will either be driven in under their own power or dropped off via an outside towing
company. "Usually that is done by the customer's insurance company".
I have a parking area behind the garage that is for my personal vehicles as well as 2 directly behind the house. There are
8 spaces in front of the garage for cars awaiting repairs, the spot closest to the garage will be designated handicap. All
vehicles except personal operable vehicles will be stored in the fenced area.
The property is served by a well and septic drawn out on the attachment.
I do not plan on putting signage out on Ruebuck rd., unless required.
Sincerely,
Eric Allen Chase
5
4/20/26, 8:38 AM '[External]'Eric Chase business plan - Amy Feltner - Outlook
about:blank 1/157
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Project Name:________________________________________________
Acreage (Disturbed Area Acreage): _______________________________
PIN(s): __________________
Address (or general location):
Existing Zoning: ___________________________________________________
Proposed Use: ____________________________________________________
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): ________________________
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.
Resubmission to address comments requested? Y _____ or N _____
REQUEST FOR SITE PLAN COMMENTS
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Planning Commission
Agenda Item Detail
Meeting Date: May 6, 2026
Agenda Section: Public Hearings
Title: Ordinance Amendment to the Frederick County Code - (Mrs. Feltner)
Attachments:
PC05-06-26OA_ResidentialSeparationBuffer.pdf
70
ZONING ORDINANCE TEXT AMENDMENT
Residential Buffer Separation Amendment
Staff Report for the Planning Commission
Prepared: April 17, 2026
Staff Contact: Amy Feltner, Planner
Executive Summary:
Meeting Schedule
Development Review and Regulations
Committee:
Action: None
Planning Commission: May 6, 2026 Action: Pending
Board of Supervisors: June 10, 2026 Action: Pending
Proposal
This is a proposal to amend Chapter 165 - Zoning Ordinance to modify residential separation
buffer relating to certain housing types in the RP (Residential Performance) Zoning District.
The proposal is to amend the minimum buffer requirements for multifamily structures when
placed adjacent to pre-existing residential developments or proposed developments with
different housing types.
Current Standard
Minimum Residential Separation Buffer Area Required
Proposed Use/Development Adjoining Existing Use/Development
1 2 3 4 5
1. Single-family detached — — A B B
2. Single-family zero lot line or small lot — — A B B
3. Townhouse A A — B B
4. Garden apartment or multifamily
buildings
C C B — A
5. Age-restricted multifamily C C C — —
Planning & Zoning Staff Analysis:
This ordinance amendment was requested by a developer. Frederick County Zoning Ordinance
defines requirements for Category A, Category B, or Category C residential buffer screening as a
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Page 2 of 3
combination of linear distances and the density of landscaping. The denser the landscaping or
screening, the less linear separation distance is required. Frederick County Zoning Ordinance
requires a linear separation distance of 100 feet (Category C full screen), 50 feet (Category B full
screen), and 25 feet (Category A full screen) with the densest planting, known as full screen,
requirements.
The current ordinance requires a category C buffer at the property line where a new multifamily
building or garden apartment development is placed adjacent to an existing single-family detached,
single-family zero lot line, or small lot housing type developments. The ordinance permits a lesser
buffer, category B, when multifamily buildings are erected adjacent to a townhouse development.
Staff would note that multifamily developments are separated into age-restricted multi-family and
multi-family/garden apartments.
The proposed ordinance amendment incorporates age-restricted multifamily with multifamily
buildings/garden apartment buildings and provides two categories for multifamily buildings:
multifamily building thirty-five feet (35) or less in height and multifamily buildings greater than
thirty-five feet (35) in height.
The proposed amendment will permit a Category B separation buffer for multifamily buildings
where the multifamily structure is less than thirty-five in height. Multifamily structures greater
than thirty-five feet (35) have retained the current separation buffer requirement.
The ordinance establishes residential separation buffers to adequately buffer different housing
types from dissimilar housing types within adjacent separate developments. A two to three story
multifamily building, regardless of age, can be constructed adjacent to an existing single-family
detached, single-family zero lot line, or small lot housing type developments and share the same
characteristics of that of a townhouse development.
If approved, this amendment would require the residential separation buffer based on the height of
the new multifamily structure and not by development type/housing type.
Staff would note that development of multifamily developments can only occur within the Urban
Development Area (UDA) and the Sewer and Water Service Area (SWSA) and must meet
additional requirements including road efficiency buffers, open space requirements, density
requirements, and recreational amenity requirements required in the Frederick County Zoning
Ordinance.
Other Jurisdictions:
Staff reviewed other Virginia localities which require separation buffers, also termed transitional
screening, between different housing types. Many jurisdictions require buffer screening between
residential zoning and commercial zoning with no distinction between different housing types.
The comparison with localities used were comparable to the Frederick County RP (Residential
Performance District). Majority of the localities that required residential separation buffers require
a twenty-five (25) feet separation distance between multifamily developments and single-family
units.
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A cross-comparison of other Virginia localities is included as an attachment to this report.
Proposed Standard
§165-203.02(C)(1). – Residential Separation Buffer
Minimum Residential Separation Buffer Area Required
Proposed Use/Development Adjoining Existing Use/Development
1 2 3 4 5
1. Single-family detached — — A B B
2. Single-family zero lot line or small lot — — A B B
3. Townhouse A A — B B
4. Garden apartment or multifamily
buildings (35’ or less in height)
C B C B BA — A
5. Garden apartment or multifamily
buildings (greater than 35’ in height)
C C B — —
5. Age restricted multifamily C C C — —
Summary & Requested Action:
The proposal was forwarded to the Development Review and Regulations Committee (DRRC) by
the Board of Supervisors. The committee reviewed the proposal on March 26, 2026. The
committee discussed an additional increase of separation distance based on the height of adjacent
structures. Consideration also included the footprint, or size of the building envelopes. The
committee was not supportive of modifying and examining only one housing type and would
prefer to examine the change as a broader community design. Staff stated that a Phase II Zoning
Ordinance update is proposed pending the adoption of the Phase I Zoning Ordinance
update/reorganization that is scheduled for the May 13, 2026, Board Meeting. If the Phase I is
adopted, a Phase II Zoning Ordinance is planned. The Phase II ordinance update proposal will
include the re-examination of the landing and buffer on the broader scale.
Questions regarding the proposal should be directed to the Planning and Development
department staff.
Following a public hearing, staff is seeking a decision from the Board of Supervisors on this
Zoning Text Amendment.
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Frederick County, VA
§ 165-203.02 § 165-203.02
Downloaded from https://ecode360.com/FR1364 on 2026-04-08
A. Residential separation buffers. Residential separation buffers shall be established to
adequately buffer different housing types from dissimilar housing types within adjacent
separate developments. The requirements for residential separation buffers are as follows:
[Amended 5-11-1994; 10-27-1999; 12-10-2008; 9-26-2012; 1-23-2013]
(1) When placed adjacent to one another, developments with different housing types shall
provide the following residential separation buffers: [Amended 12-13-2017]
Minimum Residential Separation Buffer Area Required
Proposed Use/Development Adjoining Existing Use/Development
1 2 3 4 5
1. Single-family detached — — A B B
2. Single-family zero lot line or small lot — — A B B
3. Townhouse A A — B B
4. Garden apartment or multifamily
buildings (35’ or less in height)
CB CB BA — A
5. Garden apartment or multifamily
buildings (greater than 35’ in height)
C C B — —
5. Age restricted multifamily C C C — —
Buffer Area Width and Plant Requirements
Type
Inactive
(Minimum)
(feet)
Active
(Maximum)
(feet)
Total
(feet)
Screen Type
A 15 10 25 Full screen
A 30 20 50 Landscape screen
A 75 25 100 No screen
B 30 20 50 Full screen
B 45 30 75 Landscape screen
B 75 25 100 No screen
C 75 25 100 Full screen
C 100 50 150 Landscape screen
C 150 50 200 No screen
(2) Buffers shall be placed between the lot line of the proposed housing type and the lot line
of the existing adjoining use or development. When placed on individual lots, the buffer
shall be located within a permanent landscape easement and shall be maintained by the
homeowners' association.
(3) When age-restricted multifamily housing adjoins other housing types, the evergreen
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Frederick County, VA
§ 165-203.02 § 165-203.02
Downloaded from https://ecode360.com/FR1364 on 2026-04-08
element of the residential separation buffer shall be planted at a height of six feet.
(4) When existing mature woodlands are located within the entire buffer area (total distance
if active and inactive buffer), preservation of that woodland will be allowed to substitute
for the required plant material.
(5) Housing types contained within a mixed-use development as outlined in the
Comprehensive Plan or developments that contain a mixture of housing types but
approved with the same master development plan shall not require residential separation
buffers between housing types contained within the same development. The Zoning
Administrator may require residential separation buffers when a Master Development
Plan is revised and the housing types are modified after construction has already
commenced within the development. Residential separation buffers shall be required
when different housing types are placed adjacent to a mixed-use or master planned
development or if the development abuts different housing types within a separate
development.
(6) The Board of Supervisors may waive, reduce and/or modify the residential separation
buffer requirements (distance or landscaping) if the topography of the lot providing the
buffer yard and the lot being protected is such that the required buffer yard would not be
effective.
(7) The Board of Supervisors may waive, reduce and/or modify the residential separation
buffer requirements (distance or landscaping) when utility conflicts preclude the
installation of the buffer and would result in unnecessary or otherwise unreasonable
hardship to the developer.
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Planning Commission
Agenda Item Detail
Meeting Date: May 6, 2026
Agenda Section: Other
Title: Current Planning Applications
Attachments:
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