HomeMy WebLinkAbout05-25 BOS Staff Report 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 Summary:
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-100F
Address Market Street, Winchester
Magisterial District Stonewall
Acreage +/- 2.96 acres
Zoning & Present Land Use Zoning: B2 (General Business)
Land Use: Vacant
Proposed Zoning B3 (Industrial Transition)
Adjoining Property Zoning & Present Land Use
North: B2 (General Business) &
RP (Residential Performance)
Land Use: Commercial & single-family
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
generate fewer trips than some of the by-right
B2 uses, such as a gas station or restaurant.
The proffer statement prohibits all B3 uses
other than the intended use (automotive
Potential for noise. Noise will be at least
partially mitigated by the additional
regulations in the Zoning Ordinance that
requires all repair work to take place within
an entirely enclosed structure. However, it is
not uncommon for repair shops to conduct
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repair) and continues to permit all B2 uses,
thereby maintaining the intent of the B2
Zoning District.
The proposed rezoning is in general
conformance with the Comprehensive Plan.
work with service bay doors open, which can
limit the effectiveness of this regulation. The
proffer statement limits hours of operation
and states bay doors must not face the hotel,
which will help shield the noise from the
hotel.
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
County Attorney July 18, 2025 Proffer statement is legally
sufficient subject to two
comments – indicate previously
approved proffers from REZ
#17-06 shall remain in effect to
the extent applicable to the
Property & add a signature block
and notary line.
Addressed
Frederick County (FC)
Fire Marshal
June 25, 2025 Approved with conditions. All
future development shall comply
with the FC Fire Prevention
Code.
Acknowledged.
Will be
addressed at sit
plan.
Frederick Water June 30, 2025 No substantial increase in water
and sewer service demands. No
comment
Addressed
FC Public Works July 16, 2025 Recommend approval.
Comprehensive review at time
of site plan.
Addressed
Virginia Department of
Transportation (VDOT)
July 9, 2025 The change will not have a
negative effect on the current
transportation network. Support
the application.
Addressed
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 #17-06). 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.
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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 B2) are typically associated with the
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“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 #17-06 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
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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