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Home My WebLink About03-26 BOS Staff Report REZONING #03-26 Snowden Bridge Station Interstate Overlay Staff Report for the Planning Commission Prepared: June 1, 2026 Staff Contact: Eric Bittner, Planner II Executive Summary: Meeting Schedule Planning Commission: May 6, 2026 Action: Recommend Approval Board of Supervisors: June 10, 2026 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 Page 2 of 7 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 Page 3 of 7 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 Page 4 of 7 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. Page 5 of 7 Page 6 of 7 Planning Commission Summary and Action From 5/6/2026 Public Hearing: The Planning Commission held a public hearing during their regular meeting on May 6, 2026. The Planning Commission suggested the applicant provide a statement from the Battlefield Association that they have no concern with the proposed sign height. The Planning Commission recommended approval of the proposed rezoning application (12-0). This is a rezoning requiring a public hearing. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application.