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Home My WebLink About05-25 CommentsCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 2, 2025 Heather Timothy Kimley-Horn 1195 Democracy Drive, 12th Floor Reston, VA 20190 RE: Proposed Rezoning for Firestone Complete Auto Care Center Property Identification Number (PIN): 43-A-100F Dear Ms. Timothy: Planning and Development staff had the opportunity to review the draft rezoning application (REZ). This application seeks to rezone approximately +/-2.96 acres from the B2 (General Business) Zoning District to the B3 (Industrial Transition) Zoning District with proffers to develop a Firestone Complete Auto Care Center. The subject property is generally located west of Martinsburg Pike (Route 11) and southeast of Market Street (Route 1621) in the Rutherford Crossing Shopping Center in the Stonewall Magisterial District. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Comprehensive Plan Conformance. The Comprehensive Plan (adopted November 2021) and the Northeast Frederick Land Use Plan (NELUP) provide guidance on the future development of the subject property. The Plan identifies the subject property with a “business” land use designation and as being within the Sewer and Water Service Area (SWSA). The proposed rezoning appears to generally implement uses typically associated with the “business” land use designation provided that industrial uses allowed in the B3 Zoning District are prohibited. The B3 Zoning District is intended to accommodate heavy commercial and more industrial oriented uses, which would not meet the intent of the “business” land use designation. 2. Transportation. The Impact Analysis Statement assumes the existing road network is adequate and may even be under-utilized. The Statement anticipates the number of tips per day for the desired use will be greatly reduced when compared to a B2 use. Staff concurs with this conclusion. Therefore, no further traffic analysis is warranted. It should be noted that the proffer statement does not restrict the use of the property to general automotive, motorcycle, and truck repair, services, and Firestone Complete Auto Care Center Rezoning Application – Preliminary Comments Page 2 parking and allows all B2 (General Business) Zoning District uses, some of which may have a significant transportation impact on the transportation network as noted in the Proposed Trip Generation Comparison. Transportation proffers from REZ #17-06 were considered for the entirety of Rutherford Crossing and have been completed. The proffers limit the Rutherford Crossing Shopping Center to two (2) right-in / right-out entrances and one (1) full access entrance which have already been constructed. Sidewalk is already constructed along the property’s frontage along Market Street. Sidewalk will be required to be constructed along the road that adjoins the existing hotel as part of the site plan. Consider adding this to the proffer statement. 3. Proffer Statement. The following revisions are offered for consideration as it relates to the proffer statement dated June 16, 2025: • The introductory paragraph states the intent of the application is to allow “general automotive, motorcycle, and truck repair, services and parking.” However, the list of uses prohibited on the property that would otherwise be permitted in the B3 Zoning District includes “general automotive, motorcycle, and truck repair, services and parking.” This proffer contradicts the intent of the application and should be revised. • The applicant may consider revising the proffer for clarity, such as “the applicant hereby proffers that all uses currently allowed in the B2 Zoning District shall be permitted on the property. The only B3 Zoning District use permitted on the property is General Automotive, Motorcycle, and Truck Repair, services and parking. • The statement that “all other previously approved Proffers from REZ #17- 06 shall remain in effect” is satisfactory and should remain. 4. Generalized Development Plan (GDP). The following revisions are offered for consideration as it relates to the GDP dated June 19, 2025: • The Generalized Development Plan (GDP) does not include a conceptual layout or any additional detail as to how the site would function. Change the title of the GDP to be a “rezoning exhibit.” A GDP is not required to be submitted with a rezoning. 5. Agency Comments. The following agencies shall provide written comment on the proposed rezoning application: the County Attorney, the Frederick County Fire Marshal, Public Works, Frederick Water, and the Virginia Department of Transportation (VDOT). 6. Other Application Materials & Fee. Based on the fees adopted by the Board of Supervisors, the rezoning fee for this rezoning application would be $10,296. Firestone Complete Auto Care Center Rezoning Application – Preliminary Comments Page 3 All the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application for a public hearing. The Applicant should verify with Planning & Development staff application completeness prior to final submission. Please feel free to contact me with questions regarding this application. Sincerely, Kayla Peloquin, AICP Planner II 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 RZ# 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 2 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 26 Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: _____________________________ Telephone: __________________ Mailing Address: _________________________________________ _________________________________________ _________________________________________ Location of property: _________________________________________ _________________________________________ _________________________________________ Current zoning: ___________ Zoning requested: ____________ Acreage: _______ 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 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. 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 July 16, 2025 Ms. Heather Timothy Kimley-Horn 1195 Democracy Drive 12th 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 Heather, VDOT has reviewed the rezoning application for TM 43-A-100F, from B2 to B3 and and feel this change will not have a negative effect on the current transportation network. We support the rezoning application.7/9/2025