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Home My WebLink About01-26 PC Staff Report 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. 47 Page 2 of 4 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. 48 Page 3 of 4 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. 49 Page 4 of 4 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. 50