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HomeMy WebLinkAbout039-25 (RezFirestoneCompleteAutoCareCenter(RutherfordFarmLLC)) ORDINANCE Action: PLANNING COMMISSION: September 3, 2025 Recommended Approval BOARD OF SUPERVISORS: Sep;tember 24, 2025 Adopted AMENDING THE ZONING DISTRICT MAP REZONING#05-25 FOR FIRESTONE COMPLETE AUTO CARE CENTER (RUTHERFORD FARM LLC) WHEREAS, REZONING#05-25 for Firestone Complete Auto Care Center(Rutherford Farm LLC) was submitted to rezone+/-2.96 acres at the property located between Market Street and Martinsburg Pike (Route 11)and identified by Property Identification Number 43-A-100F in the Stonewall Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this rezoning on September 3,2025 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on September 24,2025; 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,and welfare,and in conformance with the Comprehensive Plan; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165 of the Frederick County Code,Zoning,the Zoning District Map is amended in accordance with Rezoning#05- 25 Firestone Complete Auto Care Center(Rutherford Farm LLC)to rezone+/-2.96 acres from the B2(General Business) Zoning District to the B3 (Industrial Transition) Zoning District with proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owners are attached. This ordinance shall be in effect on the date of adoption. Passed this 24'day of September,2025 by the following recorded vote: Chairman's Seat Vacant John Jewell Aye Gainesboro Seat Vacant Robert W. Wells Aye Blaine P. Dunn Aye Robert Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollh fer Frederick Count. Administrator No. 039-25 REZONING#05-25 Firestone Complete Auto Care Center (Rutherford Farm LLC) Staff Report for the Board of Supervisors Prepared: September 12,2025 Staff Contact: John Bishop,Assistant Planning Director Executive Summarv: Meeting Schedule Planning Commission: September 3, 2025 Action: Recommended Approval Board of Supervisors: September 24, 2025 Action: Pending Property Information Property Identification Number PIN 43-A-10017 Address Market Street, Winchester Magisterial District Stonewall Acreage +/- 2.96 acres Zoning & Present Land Use Zoning: B2 (General Business) rB3 and Use: Vacant Proposed Zoning Industrial Transition Adjoining Property Zoning & Present Land Use North: B2 (General Business) & Land Use: Commercial & single-family RP Residential Performance residential South: B2 General Business Land Use: Commercial &vacant East: RA Rural Areas Land Use: Nursery & Garden Center West: B2 General Business Land Use: Commercial Proposed Use This is a request to rezone one (1)parcel totaling+/- 2.96 from the B2 (General Business) Zoning District to the B3 (Industrial Transition)Zoning District with proffers for the purpose of establishing a Firestone Complete Auto Care Center under the use of"General Automotive, Motorcycle, and Truck repair, Services and Parking." Positives Concerns The intended use of automotive repair will Potential for noise. Noise will be at least generate fewer trips than some of the by-right partially mitigated by the additional B2 uses, such as a gas station or restaurant. regulations in the Zoning Ordinance that requires all repair work to take place within The proffer statement prohibits all B3 uses an entirely enclosed structure. However, it is other than the intended use automotive not uncommon for repair shops to conduct Page 2 of 5 repair) and continues to permit all B2 uses, work with service bay doors open, which can thereby maintaining the intent of the B2 limit the effectiveness of this regulation. The Zoning District. proffer statement limits hours of operation and states bay doors must not face the hotel, The proposed rezoning is in general which will help shield the noise from the conformance with the Comprehensive Plan. hotel. Review A2ency Comments: Review Agency Comment Comment Summary Status Date County Attorney July 18, 2025 Proffer statement is legally Addressed sufficient subject to two comments—indicate previously approved proffers from REZ 917-06 shall remain in effect to the extent applicable to the Property & add a signature block and notary line. Frederick County (FC) June 25, 2025 Approved with conditions.All Acknowledged. Fire Marshal future development shall comply Will be with the FC Fire Prevention addressed at sit Code. plan. Frederick Water June 30, 2025 No substantial increase in water Addressed and sewer service demands. No comment FC Public Works July 16, 2025 Recommend approval. Addressed Comprehensive review at time of site plan. Virginia Department of July 9, 2025 The change will not have a Addressed Transportation (VDOT) negative effect on the current transportation network. Support the a lication. Planning & Zoning Staff Analysis: Site History: The property and the surrounding area(Rutherford Crossing Development)was rezoned to the B2 (General Business) Zoning District with proffers in 2007 (REZ 917-06). The proffers were primarily related to transportation improvements, such as signalization of major intersections and right-of-way dedication that have already been completed. There are several undeveloped pad sites within the Rutherford Crossing development. Page 3 of 5 The proffers of REZ#17-06 included a historic area open to the public with informational signage on the historic significance of the site in the location of the old Rutherford's Farm House along Martinsburg Pike.These elements have been installed including a small parking area,picnic tables, landscaping, and three signs about the Second Battle of Winchester, the Battle of Rutherford's Farm, and the Rutherford's Farm House that were approved by the Historic Resources Advisory Board(HRAB). General Development Plan (GDP), Site Access, and Transportation: The proffers from REZ #17-06 limit Rutherford Crossing to one (1) full movement entrance (Merchant Street) and two (2) right-in/right-out entrances (Market Street & the entrance that is part of the subject property). These proffers set up the general road network for the entire development. The subject property has existing concrete sidewalk along Market Street and entrance locations are already defined. As stated in their comment letter, VDOT does not anticipate any negative impacts on the current transportation network. Zoning Ordinance Requirements: The B2 District permits "Automotive Oil Change and Lubrication Shops" as a by-right use. The proposal includes automobile repair, therefore requiring the rezoning. The intent of the B2 District is "to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public" (§165-603.01). Existing businesses in Rutherford Crossing include anchor retail, fast food and restaurants, personal services, and various other retail opportunities.An automotive repair center would be appropriate within the variety of businesses that is located near a major collector(Route 11)in close vicinity of the Interstate 81 interchange. The Zoning Ordinance (§165-204.12) contains additional regulations for"motor vehicle service uses, automotive repair shops and public garages."The regulations require that all repair work take place within an enclosed structure, all exterior storage of parts and equipment be screened, and that inoperable vehicles be stored within an enclosed building or screened on all sides. These details would be addressed during the site plan stage. Comprehensive Plan Conformance: The Comprehensive Plan provides guidance when considering any land use action. The property is located within the Sewer and Water Service Area (SWSA). The long-range land use of the property is designated as "business."The property is located within the Northeast Frederick Land Use Plan (NELUP), last updated in 2023. The NELUP recognizes the need for commercial uses near major roadways to serve residents and visitors. All permitted uses in the B3 Zoning District other than "General Automotive, Motorcycle, and Truck Repair, Services and Parking" are prohibited, which removes the possibility of a larger scale, wholesale, or industrial use on the property. The proposed use (and other uses permitted in 132) are typically associated with the Page 4 of 5 "business" land use designation. The proposed rezoning is in general conformance with the Comprehensive Plan. Proffers & Staff Comments: Proffer Statement(September 8, 2025) Land Use • B2 permitted uses shall continue to be permitted • The only permitted B3 use is "General Automotive, Motorcycle, and Truck Repair, Services and Parking."All other B3 uses are prohibited. • Staff comment: The restriction of all B3 uses other than the intended use preserves the intent of the B2 Zoning District. Pedestrian Infrastructure • Construction of 5'wide sidewalk along northeastern boundary of the property from Market Street to the north to the T-intersection • Staff comment: This meets Zoning Ordinance requirements. Should the adjacent property (43-A-100) develop, the developer would be required to build sidewalk along their northeastern boundary, resulting in connectivity from Martinsburg Pike (Route 11)to the internal pedestrian network of Rutherford Crossing. Noise Mitigation • Bay doors cannot face the existing hotel • Hours of operation limited to 7 AM —7 PM Monday through Saturday and 9 AM —5 PM Sunday. • Staff Comment: These proffers will help mitigate the noise and direct the noise away from the hotel. Tire Storage • Tires must be located within an enclosed structure. Previous Proffers • Previously approved proffers from REZ 917-06 shall remain in effect to the extent applicable to the property • Staff comment: The majority of the proffers have been completed. Proffer"A" regarding the maximum building square footage of 1,245,000 SF for the combined properties including 43-A-98, 43-A-99, and 43-A-100 will remain in effect but will not preclude this property from developing as the total developed square footage is not near the maximum. Planning Commission Summary &Action from the 09/03/25 Meeting: Mr. Hamula stated the site is a great location for Firestone customers to have shopping and dining amenities within walking distance while they wait for their vehicle. The preliminary site plan includes 8 bay doors facing the parking lot in front of Target and Home Depot, shielding the noise away from the hotel and the nearest residence. Mr. Hamula stated the hours of operation are 7 AM —7 PM Monday — Saturday and 9 AM —5 PM on Sundays. Mr. Hamula stated that restricting all B3 uses other than the intended use and permitting B2 uses on the property is intended to not limit the site in the long-term should something happen with Firestone. The service center will have Page 5 of 5 around 12 employees and take 20-30 appointments per day,not generating a significant amount of traffic.There will be one large delivery truck several times a month to deliver tires, other deliveries will be made in smaller vehicles. Mr. Hamula stated that Firestone does work on brakes and tires, but not body work or work on tractor trailers. One public comment was made regarding landscaping and suggested enhanced screening for visual purposes and to mitigate noise. The applicant stated the Zoning Ordinance requirements for landscaping will provide buffering. The applicant agreed to add a proffer limiting the hours of operation to those listed earlier, to add a proffer that no bay doors will face the adjacent hotel, and to proffer that all tires will be stored within an enclosed structure. The Planning Commission unanimously recommended approval of the rezoning with the proffer modifications noted above that the applicant agreed to. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this Rezoning application REZ # 05 - 25: Firestone Complete Auto Care Center PIN: 43 - A - 100F Rezoning from B2 to B3 Zoning Map rim cxc�r� c� �411 P� REZ#05-25 go «3 Q r r XF MMUO 11 MW 0.� MD go C9 ' � R�3 �x y q 77 JQ 0 �' F'Qoyq Application Rcp`�� m BRsNo Parcels Sewer and Water Service Area — B2(General Business District) N r M1 (Light Industrial District) 1 RP(Residential Performance District) 7 �\ W\/ �1 S r r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 105 210 420 Feet Map Created:August 12,2025 REZ # 05 - 25: Firestone Complete Auto Care Center PIN: 43 - A - 100F Rezoning from B2 to B3 Location Map a 4� ' h r Y ✓ ^ , C , 4r , 3 s REZ. 25 w I 14 t t, z 10 0 �.• t. Ilk. ,�" h � Q�- 1 6 K� � � ♦;' SPA<�e o g �1gP. a�yo Application r N Parcels 1 Sewer and Water Service Area 7 \ N __ E �1 S r r r " Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 105 210 420 Feet Map Created:August 12,2025 REZ # 05 - 25: Firestone Complete Auto Care Center PIN: 43 - A - 100F Rezoning from B2 to B3 Long Range Land Use Map rim arm c� �411 P� REZ#05-25 off MEWS 11 0.o MD �C9 go J � Q l A, 3 j o°y JQ 0 r Fycyq � Application r U�GQ`�e p11 BRAN°qD g Parcels �P��ess oP�e oFe�oN Sewer and Water Service Area \ — Long Range Land Use N 0 , Business 1 0 Industrial 7 \ N __ E �1 S r r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 105 210 420 Feet Map Created:August 12,2025 PROFFER STATEMENT AMENDMENT REZONING #17-06 RUTHERFORD CROSSING Date: September 8, 2025 Rezoning: B-2, Business General District to B-3, Industrial Transition District Property: Tax Parcel 43-A-100F;±2.9553 acres(hereafter the"Property") Magisterial District: Stonewall Record Owner: Rutherford Farm, L.L.C. Applicant: Zaremba Group, L.L.C. Project Name: Firestone Complete Auto Care Center The Applicant, Zaremba Group L.L.C., intends to rezone the Property to B-3 Industrial Transition District specifically to allow "General Automotive, Motorcycle, and Truck Repair, Services and Parking". To maintain compatibility of the Property with the adjacent uses within the Rutherford Crossing development,the applicant hereby proffers that all uses currently allowed in the B-2 district shall be permitted at the Property. The applicant further proffers that all uses allowed in the B-3 district are prohibited except "General Automotive, Motorcycle, and Truck Repair, Services and Parking". Uses that are allowed in both zoning districts will be permitted. To maintain compatibility with the existing shopping center, the Applicant further proffers the following: • The construction of a 5'wide sidewalk along the northeastern boundary of the parcel. This sidewalk will originate at Market Street (to the north) and extend approximately 200' feet southeast until it reaches the T-intersection. • Bay doors are prohibited from facing northeast,towards the existing hotel. • Operating hours will be restricted to Monday-Saturday 7 AM-7 PM and Sunday 9 AM-5 PM. • Tires must be located within an enclosed structure. All other previously approved Proffers from RZ#17-06 shall remain in effect to the extent applicable to the property. Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in title and interest of the applicant and record owner of the Property. In the eventthe Frederick County Board of Supervisors grants the subject 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 1'av4c'_1e0%l �arm� GL G By: _ _ _ _ Date:_ Name: Vdol /30-5#a4ln Title: Pl�slJe•'r-l- �w✓1w�t✓ STATE OFr" ! COUNTY OF l di :> ,to-wit: The foregoing instrument was acknowledged before me in my aforesaid jurisdiction by Jue/ / /_nSbQ'h (name) as :32 �4c ., f (title) of Q�.�/�C (owner)this f day of 20 . By Registration No.: Name: /`I1 f 2 t /�� Expiration Date: 3 �� •'��tt�.=••••NOTARY '•.�SF'� PUBUC ;vf c C) : REC3.�sooa104 's�3 z 0 . 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This application proposes to rezone the property to B3 (Industrial Transition District), which allows the proposed use of a Firestone Complete Auto Care Center by-right. Rezoning to B3 is in alignment with the current Frederick County Comprehensive Plan. The property is subject to a previously approved rezoning, Rutherford Crossing (RZ#17-06). The existing proffers will remain in addition to allowing automotive repair as an approved use. The adjacent shopping center parcels are zoned B2 with a RP(Residential, Performance District)parcel adjacent to the access road. COMPREHENSIVE PLAN The subject property is located within the Northeast Frederick Land Use Plan (NELUP) and is entirely within the Sewer and Water Service Area (SWSA). This area encourages employment-generating and commercial land uses along key transportation corridors, with strategic infill and redevelopment opportunities that support infrastructure efficiency and compatibility with adjacent uses. The proposed use would be employment-generating and provide retail services in line with the surrounding Rutherford Crossing Retail Center, thus demonstrating conformance with the NELUP. LAND USE The subject property seeks to rezone from B2 (General Business District) to B3 (Industrial Transition District). B3 uses are light-industrial in nature, which is why B3 zoning districts are generally located between B2 and Industrial zoning districts;to provide a sensible transition between the two. The subject parcel, however, is not adjacent to any industrial districts, and even borders RP-zoned land to the east. To mitigate the potential for incompatibility with adjacent parcels, the Applicant has proffered the allowable land uses at the property to be limited to retail uses (that would otherwise be allowed in the B2 district)as well as automobile repair. All other industrial uses will be prohibited. This will ensure that the property maintains the retail character while also addressing the demand for automobile repair through this corridor. Kimley>>> Horn ��e ACCESS AND TRANSPORTATION The subject property has an existing paved right-in-right-out access drive on Martinsburg Pike— Route 11 that connects to Market Street and provides access to the adjacent retail parcels. Martinsburg Pike is classified by VDOT as a major collector road. As part of RZ #17-06 Rutherford Crossing rezoning process, a Traffic Impact Analysis (TIA) was prepared, analyzing the impact of the full buildout on the surrounding road network. Based on the recommendations from that report, road improvements were proffered and ultimately built during the initial phase of construction. It is assumed that the existing road network is adequate and may even be under-utilized given that there are a few undeveloped pads in the Rutherford Crossing Center. By rezoning the subject property from B2 to B3, it is anticipated that the number of trips will be reduced. B2 uses tend to be high-turnover retail/restaurant uses while B3 tend to be medium-turnover heavy retail/light industrial uses. Automobile repair, the intended use at the parcel, specifically is characterized by trips that are infrequent but multiple hours in duration. Table 1 below depicts trip data for the proposed use as well as some typical B2 uses for comparison. As shown, far fewer trips are anticipated for automobile repair/parts sales. Given that the existing road network is constructed in conformance with the original master plan, and the proposed use will likely reduce trips compared to the original allocation for the property, no further traffic analysis is warranted. Table 1 Proposed Trip Generation Comparison Land Use Description ITE Quantity Unit DailyTrips AM PeakHour Trips PM PeakHourTrips ••• Enter Exit Total • Total Tire Store 848 6607 SF 92 91 183 11 6 17 11 14 25 Automobile Parts Sales 843 6607 SF 181 180 361 9 8 17 15 17 32 Fast-Food Restaurant without Drive-Through 933 6607 SF 1488 1488 2976 165 120 285 110 109 219 Window Fast-Food Restaurant with 934 6607 SF 1545 1544 3089 150 145 295 113 105 218 Drive-Through Window Coffee/Donut Shop without 936 6607 SF N/A N/A N/A 314 301 615 107 106 213 Drive-Through Window High-Turnover(Sit-Down) 932 6607 SF 354 354 708 35 28 63 37 23 60 Restaurant SITE SUITABILITY As part of the original Rutherford Crossing phase of construction, the subject property was delivered in a "pad-ready" condition, meaning that the site was graded with mild slopes and utilities were stubbed to the edge of the parcel. According to FEMA FIRM panels,the site lies outside of Special Flood Hazard Areas (100-year floodplain). There are no mapped wetlands or Chesapeake Bay Preservation Areas on the property. Development will be subject to state and county erosion and sediment control requirements. SEWAGE CONVEYANCE AND WATER SUPPLY Kim ey>>> Horn Page '3 Public water is available and accessible via adjacent mains along Market Street and Martinsburg Pike/Route 11. Public sewer is available and accessible via an existing 8" PVC pipe along the access drive adjacent to the site. No off-site improvements are anticipated beyond standard service extensions. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey and available Frederick County GIS maps identifies "34-727 Rutherford's Farm" as a potentially significant property. The main house at Rutherford's Farm has been demolished and all that remains is a set of stairs noted by a historical marker on Route 11. It is also important to note three Civil War wayside markers have been relocated to a small park contained on the periphery of the parcel abutting the subject property's southern boundary between itself and Martinsburg Pike. It is anticipated that improvement of the subject property will not impact nearby historically significant structures, areas, or artifacts. IMPACT ON COMMUNITY FACILITIES Rezoning and ultimately developing the subject property into a Firestone Complete Auto Care will have a positive fiscal impact on Frederick County by introducing employment opportunities and commerce at an undeveloped parcel. Furthermore, this application will have no impact to infrastructure as discussed above and will not impact public facilities such as schools, parks, and emergency services since residential development is not proposed. Please contact me at (703-870-3644) or heather.timothyakimlev-horn.com if you have any questions. Sincerely, EW Heather Timothy, P.E. Project Manager LEGAL MEMORANDUM TO: Wyatt Pearson, Planning Director FROM: Brian J. Lubkeman, Esq. for Steven D. Briglia, Acting County Attorney RE: PROFFER STATEMENT AMENDMENT: RUTHERFORD CROSSING (Firestone Complete Auto Care Center project) DATE: July 18, 2025 Property: RUTHERFORD CROSSING STONEWALL MAGISTERIAL DISTRICT 43-A-100F Zoning: B2 to B3 Property Owner/Applicant: Rutherford Farm, L.L.C./Zaremba Group, L.L.C. Legal Questions: Sufficiency of Proffer Statement Amendment submitted by applicant. Response: The acting County Attorney's Office has reviewed the proposed Proffer Statement Amendment("PSA"), dated June 16, 2025, submitted by the applicant to the County. We are of the opinion that the PSA would generally be in a form to meet the requirements of the Frederick County Zoning Ordinance and applicable provisions of the Code of Virginia, and would be legally sufficient as a proffer statement when finalized, subject to the following comments: 1. The PSA contains a statement that"[a]ll other previously approved Proffers from RZ4 17-06 shall remain in effect." We understand that the applicant was required to proceed through a rezoning process in connection with this application and that the majority of Rutherford Crossing has been developed. Accordingly, many (if not most) of the commitments and requirements contained within the "Amended and Restated Proffer Statement Made As To The Rutherford Crossing Project" (revised through January 17, 2007 and approved by Ordinance dated January 24, 2007)have likely been satisfied. As this applicant is rezoning only a portion of Rutherford Crossing, it is recommended that any remaining proffers from RZ# 17-06 that are applicable to this application be specifically delineated, rather than the blanket statement included in the current version. Alternatively, the applicant might modify its statement to read that the previously approved Proffers from RZ# 17-06 shall remain in effect to the extent applicable to the Property. 2. A signature block meeting the requirements of law needs to be added to the PSA. It should contain a statement and affirmation by the applicant as follows: "The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in title and interest of the applicant and record owner of the Property. In the event the Frederick County Board of Supervisors grants the subject 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." The statement and affirmation should be signed and notarized as applicable. C:/SDB/MEMO ProfferStatementAmendment Rutherford Crossing(Firestone)07 18 2025 2 F Rezoning Comments , Fred �1 �urT hal 4 I5 �� UU ' Mail to: JUN 2 5 2025 and deliver to: Frederick County Fire Mars rederick County Fire &Rescue Dept. 1800 Coverstone Drive B ttn: Fire Marshal Winchester, Virginia 22602 y ublic Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Heather Timothy Telephone: 703-870-3644 Mailing Address: 1195 Democracy Dr. 12th Floor Reston VA 20190 Location of property: Market Street Winchester,VA 22603 Current zoning: B2 Zoning requested: B3 Acreage: 2.9553 Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal-Please Return This Form to the Applicant 23 4n _ Frederick County Fire and Rescue Department Office of the Fire Marshal c.s cap 1080 Coverstone Drive :- Winchester,VA 22602 4. Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved with Conditions Owner Rutherford Farm, LLC 0 Market Street Winchester, Virginia 22603 Phone: 703-448-4311 Applicant: Printed Date: 06/25/2025 Heather Timothy IL • • AE Received Date: 06/25/2025 Occupancy Type: Review Begin Date: 06/25/2025 Property Use: Review End Date: 06/25/2025 Activity Number: 10610147 Hours: 0.5000 Review Cause: Application Activity Details Project Name Firestone Complete Auto Care Center Comments: Any and All future development shall comply with the Frederick County Fire Prevention Code. ANN , William Pifer Lieutenant/Assistant Fire Marshal Page 1 of 1 r Rezoning Comments Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Heather Timothy Telephone: 703-870-3644 Mailing Address: 1195 Democracy Drive 12th Floor Reston,VA 20190 Location of property: Market Street Winchester,VA 22603 Current zoning: B2 Zoning requested: B3 Acreage: 2.9553 Frederick Water Comments: The proposed rezoning of Parcel 43-A-100F from B2 to B3 does not appear to create any substantial increases in water and sewer service demands. Frederick Water provides no comment. Frederick Water Signature& Date: 6/30/2025 Notice to Frederick Water - Please Return This Form to the Applicant 26 1GK COtr qw4, COUNTY of FREDERICK w Department of Public Works 540/665-5643 �73A FAX: 5401678-0682 July 16, 2025 Ms. Heather Timothy Kimley-Horn 1195 Democracy Drive 121h Floor Reston,Virgina 20190 RE: Rezoning—Firestone Complete Auto Center Dear Ms. Timothy: Upon review of the rezoning request dated June 19, 2025,we recommend approval of the subject plan. A comprehensive review shall be performed at the time of site plan submittal. Sincerely, Joe C. Wilder Director of Public Works JCW/kco cc: Planning and Development file 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 r Rezoning Comments Virginia Department of Transportation w� Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, Virginia 22824 Edinburg, Virginia 22824 (540) 984-5600 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Heather Timothy Telephone: 703-870-3644 Mailing Address: 1195 Democracy Dr. 12th Floor Reston, VA 20190 Location of property: Market Street Winchester, VA 22603 Current zoning: B2 Zoning requested: B3 Acreage: 2.9553 Virginia Department of Transportation Comments: Heather, VDOT as reviewed the rezoning ap—p�ication for TM 43-A-100F, from B2 to B a3 d and feel this change will not have a negative effect on the current transportation Iretwork. We support the Pplieation. VDOT Signature & Date: _ 7/9/2025 Notice to VDOT - Please Return Form to Applicant 21 To be completed by Planning Staff.- Fee Amount Paid S ( D ,.2 9 t0.O O Zoning Amendment Number 5 - i5 Anticipated PC Hearing Date 9 125 Date Received E I (D 12-25 Anticipated BOS Hearing Date 12-1 REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING &DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Rutherford Farm, LLC Specific Contact Person if Other than Above: Judd Bostian Address: 8230 Leesburg Pike Suite 620, Vienna, VA 22182 Telephone: (703) 448-4311 _ Email: lbostian@nvretail.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Zaremba Group, LLC Specific Contact Person if Other than Above: Todd Hamula Address: 14600 Detroit Ave., Suite 1500, Lakewood, OH 44107 Telephone: (216) 221-2163 Email: thamula@zarembagroup.com 3. Law firm, engineering firm, or other person,if any, serving as the primary contact person for this application: Firm Name: Kimley-Horn Specific Contact Person at Firm: Heather Timothy Address: 1195 Democracy Dr., 12th Floor, Reston, VA 20190 Telephone: 703-870-3644 _ Email: heather.timothy@kimley-horn.com 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. 12 4. Project Name (if any): Firestone Complete Auto Care Center 5. Property Information: a. Property Identification Number(s): 43-A-100F b. Total acreage of the parcel(s): 2.9553 AC c. Total acreage of parcel(s) to be rezoned(if other than whole parcel(s) is being rezoned): 2.9553 AC d. Current zoning designation(s) and acreage(s) in each designation: B2: 2.9553 AC e. Proposed zoning designation(s) and acreage(s) in each designation: BT 2.9553 AC f. Magisterial District(s): Stonewall g. 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): The property is located on Market Street, by the corner of Market Street and Merchant Street within the Ruthorford Crossing Shopping Center h. Adjoining Properties: Parcel ID Number Use Zoning 43 A 100 Vacant B2 43 A 10ON Chipotle 82 43 A 100M Valley Health Urgent Care B2 43 A 100A Lowe's B2 43 A 99B SpringHill Suites Winchester B2 43C 1 A Residential RP 43 A 140 Weber's Nursery&Garden Center RA Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Rutherford Farm, LLC - Owner Dearborn Land Investment, LLC - Contract Purchaser (Al Sulin - VP, Jim Strauss - VP) Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ✓0 Location Map �✓ Plat Depicting Metes/Bounds of Proposed Zoning 0 Impact Analysis Statement ❑✓ Proffer Statement(if any) n✓ Agency Comments ✓0 Fee 0 Copies of Deed(s) to Property(ies) © Tax Payment Verification Z Digital copies (pdf s) of all submitted items 14 8. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I(we) authorize Frederick County officials to enter the property for site inspection purposes. I (we)understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. Owner: Date E .Zy r L� If signing on behalf of an entity,please state name of entity and yyour title: vet j jc+ 5t+'nrry ��PSi✓E-n� ./✓I`'e °' Owner: Date If signing on behalf of an entity,please state name of entity and your title: Other Applicant Party(if any): _ _ Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameBTB Hospitality LLC 1280 Market St Property#43-A-99B Winchester, VA 22603 NameMessick Nancy L 1897 Martinsburg Pike Property#43C-1-A Winchester, VA 22603 NameWebber Michael S 1912 Martinsburg Pike Property#43-A-140 Winchester, VA 22603 NameLIDL US Operations LLC 3500 S. Clark St Property# 43-A-100 Arlington, VA 22202 Name LA LA Holdings Virginia LLC 120 Merchant St. Property# 43-A-100N Winchester, VA 22603 Name RBECKWITHNNN LLC 160 Merchant St (3625 Beech Down Dr.) Property#43-A-100M Winchester, VA 22603 (Chantilly, VA 20151) NameLOWe'S Home Centers Inc 261 Market St. (1000 Lowes Blvd) Property# 43-A-100A Winchester,VA 22603 (Mooresville, NC 28117) Name Property# Name Property# 19 CO Special Limited Power of Attorney a ,e County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning&Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Rutherford Farm,LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 8230 Leesburg Pike Suite 620,Vienna,VA 22182 (703)448-4312 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s)or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 43-A-100F do hereby make,constitute, and appoint: HEATHER TIMOTHY Name of*ttorney-h.-FatENGINEER 1195 Democracy Dr.12th Floor Reston,VA 20190 703-870-3644 Mailing Address of Ate ENGINEER Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the follow in ,for the above identified property: �✓ Rezoning Subdivision Conditional Use Permit ✓ Site Plan Master Development Plan(prelim.or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature -— " f /�anA :�✓ Title(if si .. ....._ _ ._. v c /�V S- �an J�,�e s��P�t�` �e4" � G State of /r r ,County/City of !' C� r Gt ,To wit: ^"' I, /•1K h-G c I��f , a Notary Public in and for the jurisdiction aforesaid, certify that the person who si_ d the foregoin �t %�sonally appeared before me and has acknowledged the same before me in the jurisdictiorol � day of _ _,20_. ��l`0:••••NOTARY•'•,��%s - i IV -JMy Commission Expires:-� N , i RE080061 e-=Registration Number: ` s WCOMMI3SION z p(pIRES :�s $ ,Matnh 31,2026, ��ff/Iff 1111H\\\\ CD 050006702 0 THIS DEED made and dated this 3 day of (Yla..r�._ ,2005,by and between C. ROBERT SOLENBERGER, JOHN B. SCHROTH and JOHN S. SCULLY, IV, parties of the first part, hereinafter called the Grantors, and RUTHERFORD FARM LLC,a Virginia limited liability company,party of the second � U part,hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars,cash in hand paid,and other good and valuable consideration,the receipt of which is hereby acknowledged,the Grantors do hereby grant and convey with special warranty and English Covenants of title unto the Grantee, in fee simple absolute, all of the following described tract or parcel of land: All that certain tract or parcel of land, lying and being situate in Stonewall Magisterial District,Frederick County,Virginia,containing a 51.1176 acres, as shown on the plat of survey drawn by Mark D. a wSmith,L.S.,dated March 18,2005,and by this reference made a part F a m hereof as if set out in full;AND BEING a portion of the same land 3 conveyed to C. Robert Solenberger, John B. Schroth and John S. ° Scully,IV by Deed dated August 24,2004 from Rutherford,LLC,a a 5 Virginia limited liability company,of record in the Clerk's Office of zthe Circuit Court of Frederick County, Virginia, as Instrument No. 04-0017164. k Page 1 of 2 o c� 0 Co This conveyance is made subject to all easements,tights of way and restrictions of record affecting the subject property,and particularly those certain 50-foot-wide non- exclusive, ingress/egress easements as set forth in Instrument No. 04-0011262 in the aforesaid Clerk's Office and shown on the aforesaid attached survey. WITNESS the following signatures and seals. (SEAL) C.Robert Solenberger AL) EAL) Jacuity,IV STATE OF VIRGINIA CITY OF WINCHESTER,TO-WIT I, ?3baj L a-YYU ct) , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that C. Robert Solenberger,John B. Schroth and John S. Scully,IV,whose names are signed to the foregoing DEED dated the 9 3 day of f-Y14-4 61 ,2005 have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this -�C day of 12005. My Commission expires au&-%JaJ i &t)rs- M ,c NPTARY PUBNe 1R(iINIA FREDERiCK MUNTY,SCf. ,'•,�'G �E" t 's instrument of writin was produced to me on . .\� ,? at �. '•.., �n 1a1 4t�ft +p5n nothereto annexed Zsadmitte admittted to record T ini"ed by Sec.58.1-802 of `1`A.-7/OF ;anid58.1-801 have been paid,if of 2 6/17/25, 11:19 AM Untitled Page Frederick Home Frederick County Virginia LIFE ar mE rop Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Pay FOIA Charges Other Payments ShoppingCart(0) Pin Options Real Estate Ticket Detail Previous 2025 REAL ESTATE Dept/Ticket# RE2025/373730001 Frequency 1 Supplement# 0 Name RUTHERFORD FARM LLC Map# 43 A 10OF Account# 8046857 Name 2 C/O NV RETAIL MICHELLE WASSEW Bill Date 04/15/2025 Acreage 2.960 Address 8230 LEESBURG PIKE STE 620 Due Date 06/05/2025 Improvements E- $0.00 Desc LOT 1-B2.96ACRES Land Value $1,794,800.00 VIENNAVA Land Use $0.00 Zip 22182 2641 Minerals F- $o.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/02/2025 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $4,307.52 ($4,307.52) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 4/15/2025 Charge 0 $4,307.52 $4,307.52 5/30/2025 Principal Paid 5642 ($4,307.52) $0.00 Previous https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 1/1