Winchester industrial operators press committee to delay Cider Hill neighborhood-design rezoning over business impacts

Representatives of two long‑standing Winchester employers told the Planning & Economic Development (PED) Committee on Aug. 28 they want action on the Cider Hill Neighborhood Design District rezoning (RZ‑2502 / O‑2025‑17) paused while staff finalizes ordinance adjustments to protect existing industrial uses.

Christopher Myers, an attorney with Walsh Kluge representing Winchester Cold Storage, told the committee his client owns property at 605 North Loudoun Street (Tax Map 153‑01‑I‑1) that is currently zoned M‑1 (limited industrial). "We would ask that the committee table any action on rezoning application RZ 2502," Myers said, arguing the draft NDD would remove by‑right uses the company now relies on and convert buildings and operations to nonconforming status.

Why it matters: Committee members and staff said the NDD is intended to guide long‑term change in the Cider Hill area, but multiple business representatives warned that, as drafted, it could impair financing, expansion and day‑to‑day operations at established food‑industry and logistics sites that date back decades.

Tom Willis of Glen Loch Legal, representing National Fruit Product Company (doing business historically as White House Foods), said his client owns large acreage in the affected area and fears a loss of expansion rights under the draft rules. "Our request simply is that, either, my client and the properties along Fairland Avenue at issue that belongs to my client be excluded from the NDD zoning per our original request," Willis said. He added that if exclusion is denied, his clients want existing M‑1 expansion rights preserved, not limited to the proposed 10 percent by‑right increase or a one‑time 20 percent allowance by conditional use permit.

David Gumb, chief executive officer of National Fruit Product Company, described the company’s consolidation to Winchester over time and said public reporting about rezoning has already complicated business negotiations. "We are the number one national brand vinegar company," Gumb said, urging certainty for operations and investment decisions.

City staff response and next steps: Director of Community Development Mike Ruddy and planner David Stewart told the committee staff have been reviewing curative amendments that could preserve existing M‑1 activities while advancing the NDD framework. Staff outlined a proposed "express grandfathering" approach that would explicitly allow existing M‑1 uses to remain permitted within the NDD and preserve internal changes; staff also proposed limits on outward expansion (a 10 percent by‑right increase, with up to 20 percent allowable through a conditional use permit). Staff said the expansion limits are tied to the NDD goal of encouraging long‑term land‑use change.

Committee action: No vote was taken on RZ‑2502. Staff and the committee agreed to continue the conversation; the item remains on the table and will return with a broader package of NDD amendments for further consideration in September. Several business representatives requested continued meetings with staff to resolve outstanding uncertainty before any council action.

Context and outstanding points: Speakers emphasized three concrete concerns: (1) loss of by‑right M‑1 uses now listed in the M‑1 district (distribution, parcel delivery, cold storage, food commissary/catering and related uses); (2) financing and insurance difficulties for properties converted to nonconforming uses; and (3) limits on adding new building footprint on currently vacant or owned acreage (the transcript referenced 10% by‑right expansion and up to 20% with a conditional use permit). Staff said some of those limits are under review and may be adjusted in the final amendment package.

Ending: The committee did not vote on RZ‑2502 and directed staff to continue consultations with property owners and the city attorney’s office. The item will return for additional PED and council consideration when staff presents the full set of NDD ordinance amendments.