Loading...
HomeMy WebLinkAbout071-26 (Rez700RossSt(Aikens&Allen LP LLP)) ORDINANCE 111 iry 0 Action: PLANNING COMMISSION: February 18,2026 Recommended Approval BOARD OF SUPERVISORS: March 11, 2026 Adopted AMENDING THE ZONING DISTRICT MAP REZONING#07-25 FOR 700 STREET (AIKENS &ALLEN,LP) WHEREAS, REZONING #01-26 of 700 Ross Street (Aikens and Allen, LP) submitted to rezone 0.20+/- acres from B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with revised proffers to develop parking and a hotel. The property is located at 700 Ross Street, Winchester and is identified by Property Identification Number 854G-1-13A in the Stonewall Magisterial District; and WHEREAS,the Frederick County Planning Commission discussed this rezoning on February 18, 2026, and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on March 11,2026; and WHEREAS, the Frederick County Board of Supervisors fords the approval of this rezoning to be in the best interest of 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#01-26 of 700 Ross Street (Aikens and Allen, LP) submitted to rezone 0.20+/- acres from B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with revised proffers dated January 23, 2026. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 11th day of March 2026 by the following recorded vote: John F. Jewell, Chairman Aye Jason C. Aikens (Recused) Albert L. Orndorff Aye Robert W. Wells Aye Michael D. Guevremont Aye Robert T. Liero Aye Gary R. Oates Aye A COPY ATTEST Michael Bollhoefe Frederick County Administrator No. 071-26 REZONING#01-26 700 Ross Street Staff Report for the Board of Supervisors Prepared: March 3, 2026 Staff Contact: Eric Bittner, Planner II Executive Summary: Meeting Schedule Planning Commission: February 18, 2026 Action: Recommend Approval Board of Supervisors: March 11, 2026 Action: Pending Property Information Property Identification Number PIN 54G-1-13A Address 700 Ross Street, Winchester Magisterial District Stonewall Acreage +/- 0.20 Zoning & Present Land Use Zoning: B2 (General Business)with proffers Land Use: Vacant residence Proposed Zoning B2 with modified proffers Adjoining Property Zoning & Present Land Use North: RP Residential Performance District Land Use: Residential South: City of Winchester; B2 highway Land Use: Hotel Commercial East: B2 General Business District Land Use: Vacant West: City of Winchester; B2 highway Land Use: Residential Commercial Proposed Use This is a request for a rezoning to amend approved proffers associated with REZ #14-03 — Hampton Inn. The amendments propose removing proffered use restriction of a parking lot only, restricting the use of the parcel to a hotel and parking, and a reduction of the 35' front setback from Ross Street to 25'from the right-of-way (ROW). Positives Concerns The proposed rezoning restricts allowed uses The B2 district is not typically associated that would not be harmonious with the with the "residential" future land use surrounding residential uses. designation. The removal of an existing access is an Proffer C's reduced front setback is a improvement to Ross Street. reduction of current setback standards of Page 2 of 5 §165-601.02. Reference the County Attorney's comment. The Board should be aware that this proffer is intended to make the zoning ordinance less restrictive, which is atypical of proffers. Review A2ency Comments: Review Agency Comment Comment Summary Status Date Virginia 01/8/2026 "VDOT has no comments." Department of Transportation (VDOT) Winchester 12/16/2025 No comment Utilities Frederick County 1/22/2024 "We offer no comment at this time." Public Works City of Winchester 1/12/2026 "Aikens to submit a minor site plan to Comments Planning the City to capture the shared parking addressed through arrangement and overall minor Proffer C. reduction in parking at their hotel street." Frederick County 12/18/2024 "Future development shall comply Fire Marshal with the Frederick County Fire Prevention Code and other applicable codes pertaining to life safety." Frederick County 01/8/2025 No comment. Attorney 2/3/2025 "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. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this Page 3 of 5 specific development, as my understanding is that review is being undertaken by staff and the Planning Commission." Planning & Zoning Staff Analysis: Site History: The single-family dwelling on the property was constructed in 1947, is not currently in use, and the structure is nonconforming due to its setbacks, being approximately 20' from the ROW. The previous rezoning application (REZ #14-03) was approved by the Board of Supervisors on December 10, 2003, and rezoned the subject property from the Residential Performance (RP) district to B2 (General Business)Zoning District with proffers, restricting the allowed use to only vehicle parking. The dwelling on the property has not been in use for more than two years and its legal nonconforming use has been discontinued in keeping with §165-901.02. This property is partially located in the City of Winchester. Comprehensive Plan Conformance: The Comprehensive Plan (adopted November 2021) and the Northeast Frederick Land Use Plan (NELUP, 2023) provide guidance on the future development of the subject property. The Plan identifies the subject property as having a "residential" land use designation. The property is in the Sewer and Water Service Area (SWSA), but would be served by the City of Winchester, and inside the Urban Development Area(UDA). While the NELUP does not directly address the residential area around Winchester, §165-402.01 of the Frederick County Zoning Ordinance speaks to the intent of the residential land use classification by shaping the intent of the zoning district intended to implement it. "...intended to provide for a compatible mixture of quality residential housing types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan." The proposed proffer amendment and existing zoning(132) is not otherwise in conformance with the Plan future land use policies. The intended use is intended to maximize the subject parcel's strategic location adjacent to the Hampton Inn, City of Winchester, and adjoining areas identified with a"business" land use designation. As such, this makes it desirable for extending the existing use. The consolidation of residential uses and mixed-use nature of the surrounding area does provide the opportunity for complementary business uses. Careful consideration should be given to the permitted through the rezoning and their appropriateness to address retail and convenience- type needs for nearby residences. The applicant has attempted to address this by restricting all other uses allowed in the B2 district. If accepted, the only allowed uses would be a hotel and parking. Page 4 of 5 Transportation& Site Access: REZ #14-03 limited street access by requiring an internal connection to the existing Hampton Inn parking lot that is served by existing entrance on Ross Street and eliminating the existing access from the Parcel onto Ross Street. The proposed rezoning seeks to keep this proffer. Ross Street is not identified in the Comprehensive Plan for improvement as part of the Eastern Road Plan. Currently, Ross Street right-of-way (ROW)is 50'wide. There is a ROW dedication 15' wide north of the property, though no improvements have been made. Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: Proffers Staff Comment (January 23, 2026) A) Land Use Restrictions Removes multiple uses that are not consistent with the residential future land use. This does limit the property use and any alternative use would require a new rezoning. B) Access The removal of this entrance improves conditions on Ross Street by ensuring limited entrances along the street. C) Design Standards The 10'parking setback is identical to the current Zoning requirements of§165-202.01. Site plan approval would be required from the City of Winchester. The proposed 25' setback would be a reduction from the 35' setback currently required in the B2 district. Below is the Generalized Development Plan (GDP) revised January 23, 2026, which depicts the proposed (revised) location of the hotel and removed entrance. Page 5 of 5 I I IE r'7"5FEf T 1 I T II' yr T 1 '<_ LN LI f > I :hl nIF L2 _---- _ 1 I I � I _____ 7,.�„uti., � ---------------------------------- V 'sire ,�a-�.wracx cr rs it �J r K r Kr h _. _ ____-____ - ___ ____-,,7 -- ___ - - I I. IFR.:L< �],[�■MPRRE&�RITpH1E 6REPCIaTEEJINC _":VL: F II 'i C 11,=.^cL a . (aN��rt wrvtn FUW Planning Commission Summary from 2/18/2025 Public Hearing The Planning Commission held a public hearing during their regular meeting on February 18, 2026. The primary topic of conversation was traffic and potential criminal impacts from transient guests; the latter was largely dismissed as a concern. The Planning Commission recommended approval of the proposed rezoning application 12-1, Commissioner Whitacre—No). This is a proffer amendment affectin-the allowed land use, requiring a public hearin,-. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application. REZ # 01 - 26: 700 Ross Street PIN: 54G - 1 - 13A Rezoning from B2 to B2 with Amended Proffers Zoning Map - � s r I H I . REZ#01-26 14%3i ;l Winchester c 6y�TV/RG/N�PNWY c��iyG�Ov`v\ �o�v� � D/NKLEQR J SWAY—. h W h a Winchester g BERRYVILLE O Application i AVE BERRYVILLE � 7 PIKE � O Sewer and Water Service Area OParcels B2(General Business District) N WE RP(Residential Performance District) � j S . f l }'" Frederick County Planning&Development t 107 N Kent St Winchester,VA 22601 540-665-5651 0 20 40 80 Feet Map Created:January 29,2026 REZ # 01 - 26: 700 Ross Street PIN: 54G - 1 - 13A Rezoning from B2 to B2 with Amended Proffers Location Map t H y r i H 6 ! 1 r - k. I - AP - 1 REZ#0,1-26 _ i Winchester c 6y�TV/RG/N�PNWY c��iyG�Ov`v\ OINQEQR �o m cp J S WAY h W h a Winchester g AVE w i E BERRYVILLE 7 PIKE � O Application � N OSewer and Water Service Area O WE Parcels � j S . f l }'" Frederick County Planning&Development t 107 N Kent St Winchester,VA 22601 540-665-5651 0 20 40 80 Feet Map Created:January 29,2026 REZ # 01 - 26: 700 Ross Street PIN: 54G - 1 - 13A Rezoning from B2 to B2 with Amended Proffers Long Range Land Use Map - rm i r H s REZ#01-26 MUM Winchester c W�TV/RG/N/q PN�yY co`iyG,���N\ �o�v� � D/NKLEQR J SWAY—. h W h a Winchester g AV RRYVILLE w E O Application BERRYVILLE� 7 PIKE � CIOSewer and Water Service Area ojPP"r OParcels Long Range Land Use > N WE O Residential � j S . f l }'" Frederick County Planning&Development t 107 N Kent St Winchester,VA 22601 540-665-5651 0 20 40 80 Feet Map Created:January 29,2026 PROFFER STATEMENT ADMENDMENT REZONING #14-03 OF HAMPTON INN DATE: January 23, 2026 REZONING: REZ# PROPERTY: Tax Parcel 54G-((1))-13A MAGISTERIAL DISTRICT: Stonewall RECORD OWNER: Ail<ens &Allen LP, LLP APPLICANT: Ail<ens &Allen LP, LLP PROJECT NAME: 700 Ross Street ORIGINAL DATE OF PROFFERS October 24', 2003 The original Proffer# 14-03, Sections A&C referenced below reads as follows: A)Land Use Restrictions The applicants hereby proffer to redevelop the existing residential parcel as a parking lot only. C.)Design Standards The applicants hereby proffer to develop the parking lot with a minimum setback of ten (I 0) feet from Ross Street and further proffer to develop the parking lot in conformance with the parking lot design standards specified in the City of Winchester Zoning Ordinance to ensure continuity v.ith the existing parking lot serving the Hampton Inn. The amended Proffer shall remove and amend both sections A and C. New proffers A)Land Use Restrictions The applicants hereby proffer to redevelop the existing parcel as a hotel and parking lot only. C.)Design Standards The applicants hereby proffer to develop the property with hotel use that is setback a minimum of 25'from Ross Street and/or a parking lot with a minimum setback of ten (10)feet from Ross Street and further develop the parking lot in conformance with the parking lot design standards specified in the City of Winchester Zoning Ordinance to ensure continuity with the existing parking lot serving the Hampton Inn. All other previously approved proffers with Rezoning 914-03 remain in effect along with the addition to of a 25' front yard setback specifically for the permitted use of a hotel use as depicted on the GDP associated with this application. Owners' Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns, and successors in their interest of the Owner. In the event the Frederick County Board of Supervisors grants this 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 Witness/Attest: Owner: Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: Greenway Engineering 0 September 29,2003 Hampton Inn Rezoning HAMPTON INN - ROUTE 7 REZONING Tax Parcel 54G-((1))-13A Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 0.20± acres from the RP, Residential Performance District to establish 0.20± acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by Aikens & Allen L.P., L.L.P. being all of Tax Map Parcel S4G-((1))-13A, and further described by Deed Book 942, Page 580 recorded July 16, 1999 in the Frederick County Clerk of the Court Office. The applicants hereby proffer the following: A.) Land Use Restrictions The applicants hereby proffer to redevelop the existing residential parcel as a parking lot only. B.) Access The applicants hereby proffer to eliminate the existing access to Ross Street (Route 712), and to provide access to the 0.20± acre parcel through an internal connection to the existing Hampton Inn parking lot that is served by an existing entrance on Ross Street. File#w-218/EAW I Greenway Engineering September 29,2003 Hampton Inn Rezoning C.)Design Standards 1' The applicants hereby proffer to develop the parking lot with a minimum setback of ten (10) feet from Ross Street and further proffer to develop the parking lot in conformance with the parking lot design standards specified in the City of Winchester Zoning Ordinance to ensure continuity with the existing parking lot serving the Hampton Inn. D.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this 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: Aikens& Allen L.P., L.L.P. Date Commonwealth of Virgini4 Ci County f Eredevtci— To Wit: 411 The foregoing instrument was acknowledged before me this 2-4 day of dc�� 2063 by 0o.liew- H • A-►keo-5 ►Ylancarnr of A I Mn5 f At le ) L,P. L.(.. P Notary Public My Commission Expires Flo ZR Z6o+ 0as eD�v►rnissit�,�ec . e kz as Do no, L. S4epVe.-ls File#W-218/EAW 2 1 NsW�� C W�gwm UM :aa FpWpo U,, r" m �- w 11 wil Q a� rv�o a° - d oQamw a� I _ il ` its w 1 z � �;, zw z_ � � U ♦ � c� a m'i o� o u= ♦, k F-Y �i O F O" � �Q� ♦, �W o� mo mzw � w w' � CNN � �♦� °i aw Qu,w � �♦ - - - - - — --- - --- -- I an Q�o z w �� O �w� W i W�U� -- ♦ � jl;� i � �. � m ♦ - - - � � I Q �s:�i v9iT3 iNo�d aasodobd -- �� z o Q o Q z cv ♦ �t �, z w i, i i m -- - --74�7 -- ----- !77 -- ♦` ----- - -- —r-- -- -- -- 0 o �o" °w �♦L���1S 5S0?� o 9 Q w W z x o o o Q �z MO Q�N oz 0 No z N MORRIS & RITCHIE ASSOCIATES, INC. i _ ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS 700 ROSS STREET IMPACT ANALYSIS STATEMENT Date: November 26, 2025 OWNER/APPLICANT/CONTACT: AIKENS & ALLEN LLP C/O Mr. Jason Aikens PO Box 2468 Winchester, VA 22604-1668 EMAIL:jason e,aikensgroup.com PREPARED BY: MORRIS & RITCHIE ASSOCIATES, INC. 205 E. HIRST RD, SUITE 106 PURCELLVILLE, VA 20132 INTRODUCTION The purpose of this report is to evaluate the impacts to Frederick County associated with a minor proffer amendment for the 0.20-acre property identified as Tax Map Parcel 54G-1-13A. The subject parcel is located at the northeast corner of Conway and Ross Streets. It is zoned B-2, General Business District, and will remain in that zoning classification. Rezoning Application 914-03 (Hampton Inn), approved on December 10, 2003, restricted the parcel to future parking exclusively for the adjacent hotel. The 9,000-square-foot lot would have produced only a minimal number of new spaces, and the anticipated demand for overflow parking has not materialized. As a result, the parcel has remained in its existing condition and currently contains an aging,vacant residential structure. The proposed amendment removes the parking-only limitation and allows redevelopment of the parcel with a 12-unit extended-stay hotel associated with the existing Hampton Inn. This redevelopment replaces a deteriorating residential structure with a compatible commercial use, improving the visual character of the area while supporting the operational efficiency of the hotel. The amendment also requests a reduction of the existing 35-foot front setback along Ross Street to 25 feet to maintain adequate separation from the existing 10-foot waterline easement. Approval of the amendment would allow the parcel to be utilized in a manner consistent with County commercial development objectives and the Comprehensive Plan. The proposal will contribute to long-term economic activity, strengthen adjacent commercial uses,and enhance the built environment along Ross Street. 205 E. Hirst Road, Suite 106, Purcellville, VA 20132 (703)994-4047 www.mragta.com Abingdon,MD + Baltimore,MD d Laurel,MD + Towson,MD d Georgetown,DE + Newark,DE + Purcellville,VA d Raleigh,NC +Wilmington,NC d Orlando,FL (410)515-9000 (443)490-7201 (410)792-9792 (410)821-1690 (302)855-5734 (302)326-2200 (703)994-4047 (984)200-2103 (910)523-5065 (407)317-6288 700 Ross St. Impact Analysis Statement November 26,2025 Page 2 of 4 BASE INFORMATION Location: 700 Ross Street Magisterial District: Stonewall Property ID: 54G-1-13A Current Zoning: B-2 (General Business District) Current Use: Vacant residential Parcel Area: 0.20 acres Surrounding Properties North: 15' Betty Lane right-of-way and residential uses beyond Zoning: RP (Residential Performance District) and B-2 (General Business District) South: Existing Hampton Inn hotel Zoning: B-2 (Highway Commercial District—City of Winchester) East: Parking facilities for the Hampton Inn Zoning: B-2 (General Business District—Frederick County) West: Ross and Conway Streets; existing residential uses beyond Zoning: B-2 (Highway Commercial District—City of Winchester) COMPREHENSIVE PLAN The 700 Ross Street parcel lies within the Eastern Frederick Urban Area Plan as identified in the 2035 Comprehensive Plan. Prior approvals have designated the property for General Business use. The proposed extended-stay hotel is consistent with the Plan's vision for business development and supports the continued strengthening of the commercial corridor along Berryville Avenue (Route 7). The use is compatible with surrounding development patterns and complements the existing Hampton Inn. 700 Ross St. Impact Analysis Statement November 26,2025 Page 3 of 4 SUITABILITY OF THE SITE The 9,000-square-foot parcel contains minimal environmental features, limited primarily to tree cover and a drainage easement. Site disturbance will be limited and conducted in accordance with all applicable County, State, and Federal regulations. The small scale of redevelopment results in a low environmental impact profile and is appropriate for the parcel's location and existing zoning. ENVIRONMENTAL Wetlands According to the National Wetlands Inventory, no wetlands exist on the property. A detailed environmental investigation will be completed during the site plan stage. Any required approvals or mitigation for potential impacts will comply with County, State, and Federal requirements. Soils and Steep Slopes Per the Soil Survey of Frederick County, Virginia and the County's GIS database, the property contains the soil type: Weikert—Berks Channery Silt Loams, 7-15% slopes. These soils are suitable for development with proper drainage controls.Any limitations related to soil characteristics will be addressed through appropriate engineering design and construction practices. No steep slopes exceeding 15%have been identified on the parcel. TRANSPORTATION The site is served by the existing road network, including Ross Street and Conway Street, with direct access to Route 7 (Berryville Avenue) and the southbound interchange ramps of I-81 located less than 500 feet away. Traffic impacts are minimal due to the small scale of the proposed use. Based on the ITE Trip Generation Manual,Land Use Code 311 (All-Suites Hotel),projected site-generated trips for a 12-unit extended-stay hotel are: Daily Trips: 75 trips/day AM Peak Hour: 6 trips PM Peak Hour: 7 trips Given these low volumes and the proximity to major roadways, no transportation improvements are anticipated or required. 700 Ross St. Impact Analysis Statement November 26,2025 Page 4 of 4 UTILITIES The City of Winchester will provide both water and sanitary sewer service via existing 8-inch mains located within Ross Street. Adequate capacity is anticipated, and final flow calculations and service confirmations will be provided with the site plan. a -- A n 11 8" Existing Water 8" Existing Sanitary SITE DRAINAGE Existing drainage patterns will remain largely unchanged. Stormwater management facilities and Best Management Practices (BMPs) will be designed in accordance with County, State, and Federal stormwater regulations. Erosion and sediment controls will mitigate potential short-term impacts during construction. Any permanent stormwater facilities will be sized to meet regulatory requirements. SOLID WASTE DISPOSAL The project will not generate a significant increase in solid waste. Private haulers will collect refuse and transport it to the Frederick County landfill. Waste disposal services may be coordinated with the existing Hampton Inn to maximize efficiency. HISTORICAL SITES AND STRUCTURES The Eastern Frederick Land Use Plan identifies no historically significant structures or features on the subject property. The proposed redevelopment will not adversely impact any known historical or cultural resources. MORRIS & RITCHIE ASSOCIATES, INC. + , 1 T I ■ - 4 P T . I r ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS January 23, 2026 Eric Bittner County of Frederick Department of Planning and Development 30 North Market Street, Frederick, MD 21701 RE: Proposed Rezoning for 700 Ross Street Property Identification Numbers (PIN): 54G-1-13A Dear Eric Bittner, In response to your comments dated January 5th, 2026,regarding the project referenced above,we offer the following: 1. Comment: 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 properties with a "residential" land use designation and as being within the limits of the Urban Development Area (UDA). Section §165-402.01 of the Frederick County Zoning Ordinance speaks to the intent of the residential land use classification by shaping the intent of the zoning district intended to implement it. intended to provide for a compatible mixture of quality residential housing types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan." The proposed rezoning does not implement uses typically associated with the "residential" land use designation in the Comprehensive Plan, However, staff recognize that the intended use is intended to maximize the subject parcel's strategic location adjacent to the Hampton Inn, City of Winchester, and adjoining areas identified with a"business" land use designation. As such, this makes it desirable for extending the existing use. The consolidation of residential uses and mixed-use nature of the surrounding area does provide the opportunity for complementary business uses. Careful consideration should be given to the B2 district uses permitted(and prohibited) through the rezoning and their appropriateness to address retail and convenience-type needs for nearby residences. Response: Comment acknowledged and proffers have updated to reference the proposed use as hotel and supporting parking which logical extension of the existing and adjacent use. MORRIS & RITCHIE ASSOCIATES, INC. + , 1 T I ■ - 4 P T PW�� ^ ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS 2. Comment: General Development Plan.The site does not identify pavement area or parking. The parking may be addressed through shared parking of the adjacent parking lot serving the Hampton Inn Response: Comment acknowledged as a shared parking agreement will be provide. 3. Comment: Transportation. The submitted Impacts Analysis estimated the 3,956' hotel would generate 75 trips day.However,the proffer statement does not restrict the use of the property to only a hotel establishment(as assumed in the analysis) and allows many other B2 (General Business)Zoning District uses, some of which may have a significant transportation impact on the transportation network(for example convenience store with fueling stations). The applicant should consider including a prohibited land uses list to preclude uses that are not conducive to the neighborhood. Extending the sidewalk from Ross Street and a pedestrian crossing may be necessary along Ross Street. The proposed transportation improvements for site access appear to be sufficient. County Staff will continue to coordinate with VDOT staff on the traffic impacts as it relates to the rezoning proposal. Response: Comment acknowledged and the proffers limit the development to hotel and parking. A sidewalk has been proposed along the frontage of Ross Street as suggested. 4. Comment: Proffer Statement.The following revisions are offered for consideration as it relates to the proffer statement dated November 26,2025: •Proffer C may still be desirable if additional parking lot spaces are anticipated on the parcel. Response:Acknowledged 5. Other Application Materials& Fee.Based on the fees adopted by the Board of Supervisors,the rezoning fee for this rezoning application would be $5,020. Response: Acknowledged and the fee has been submitted. If you have any questions, please do not hesitate to contact me at 703-431-8264 or cstephensonkmragta.com Sincerely, Chris Stephneson, PLA 41G� CO COUNTY of FREDERICK w � K Department of Planning and Development 540/ 665-5651 1758 Fax: 540/ 665-6395 Jan 5,2025 Chris Stephenson, Morns& Ritchie Associates Inc. 205 E.Hirst Rd, St. 106 Purcelville,VA 20132 RE: Proposed Rezoning for 700 Ross Street Property Identification Numbers (PIN): 54G-1-13A Dear Mr. Stephenson: Planning and Development staff had the opportunity to review the draft rezoning application (REZ).This application seeks to rezone approximately+/0.20 acres from the B2(General Business) Zoning District with proffers to the B2 Zoning District with proffers to a 12-unit hotel. The subject property is located at 700 Ross Street 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. • 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 properties with a "residential"land use designation and as being within the limits of the Urban Development Area (UDA). Section §165-402.01 of the Frederick County Zoning Ordinance speaks to the intent of the residential land use classification by shaping the intent of the zoning district intended to implement it. intended to provide for a compatible mixture of quality residential housing types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan. " The proposed rezoning does not implement uses typically associated with the "residential" land use designation in the Comprehensive Plan, However, staff recognize that the intended use is intended to maximize the subject parcel's strategic location adjacent to the Hampton Inn,City of Winchester,and adjoining areas identified with a"business"land use designation. As such,this makes it desirable for extending the existing use.The consolidation of residential uses and mixed-use nature of the surrounding area does provide the opportunity for complementary business uses. Careful consideration should be given to the B2 district uses permitted(and prohibited)through the rezoning and their appropriateness to address retail and convenience-type needs for nearby residences. • General Development Plan. The site does not identify pavement area or parking. The parking may be addressed through shared parking of the adjacent parking lot serving the Hampton Inn. • Transportation. The submitted Impacts Analysis estimated the 3,956' hotel would generate 75 trips day. However, the proffer statement does not restrict the use of the property to only a hotel establishment(as assumed in the analysis) and allows many other B2 (General Business) Zoning District uses, some of which may have a significant transportation impact on the transportation network (for example convenience store with fueling stations). The applicant should consider including a prohibited land uses list to preclude uses that are not conducive to the neighborhood. Extending the sidewalk from Ross Street and a pedestrian crossing may be necessary along Ross Street. The proposed transportation improvements for site access appear to be sufficient. County Staff will continue to coordinate with VDOT staff on the traffic impacts as it relates to the rezoning proposal. • Proffer Statement. The following revisions are offered for consideration as it relates to the proffer statement dated November 26,2025: • Proffer C may still be desirable if additional parking lot spaces are anticipated on the parcel. • Other Application Materials & Fee. Based on the fees adopted by the Board of Supervisors,the rezoning fee for this rezoning application would be $5,020. 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, Eric Bittner, Planner II Cc: Jason Aikens, Oason(a aikensgroup.com) 41G� co��y REQUEST FOR REZONING COMMENTS A� w ® � w ' 1738 Project Name: 700 Ross street Acreage: .20 PIN(S): 54-G-1-13-A Address (or general location): 700 Ross Street Existing Zoning District: B2(With Proffers) Proposed Zoning District: 132cWith Proffers Staff Name (Email Address): eric.bittner@fcva.us Agency Name Completing Comments (select one): ,Q Frederick Water Q Virginia Department of Transportation Winchester Regional Airport Q Virginia Department of Health Q Historic Resources Advisory Board EFrederick County (FC) Public Schools FC Public Works FC Inspections Q FC Fire Marshal FC Parks & Recreation Q FC County Attorney Other(Specify): City of Winchester Reviewer Name (Email Address): Julie Carter Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. No comment Resubmission to address comments requested?Y F-1 or N F v 41G� co��y REQUEST FOR REZONING COMMENTS A� w ® � w ' 1738 Project Name: 700 Ross street Acreage: .20 PIN(S): 54-G-1-13-A Address (or general location): 700 Ross Street Existing Zoning District: B2(With Proffers) Proposed Zoning District: 132cWith Proffers Staff Name (Email Address): eric.bittner@fcva.us Agency Name Completing Comments (select one): ,Q Frederick Water Q Virginia Department of Transportation Winchester Regional Airport Q Virginia Department of Health Q Historic Resources Advisory Board EFrederick County (FC) Public Schools FC Public Works FC Inspections Q FC Fire Marshal FC Parks & Recreation Q FC County Attorney Other(Specify): City of Winchester Reviewer Name (Email Address): Julie Carter Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. No comment Resubmission to address comments requested?Y F-1 or N F v OCN REQUEST FOR REZONING COMMENTS DEC 16 2025 By Project Name: 700 Ross street Acreage: .20 PIN(s): 54-G-1-13-A Address(or general location): 700 Ross Street Existing Zoning District: B2(witn Proffers) Proposed Zoning District: B2(witn Proffers Staff Name(Email Address): eric.bittner@fcva.us Agency Name Completing Comments(select one): n Frederick Water n Virginia Department of Transportation n Winchester Regional Airport n Virginia Department of Health n Historic Resources Advisory Board Frederick County(FC) Public Schools FC Public Works FC Inspections FC Fire Marshal FC Parks& Recreation n FC County Attorney n Other(Specify): Woms Reviewer Name(Email Address): dun, Review Agency Comments: "Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Resubmission to address comments requested?Y or N ' Frederick County Fire and Rescue Department , ., Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 • . Phone: 540-665-6350 Fax: 540-678-4739 Etis � fmo@fcva.us Plan Review Rezoning Status: Approved owner Aikens Group 700 Ross Street Winchester, Virginia 22601 Engineering Firm : Printed Date: 12/18/2025 Morris& Ritchie Associates, Inc. General Information Received Date: 12/16/2025 Occupancy Type: Residential Review Begin Date: 12/18/2025 Property Use: 1 or 2 family dwelling Review End Date: 12/18/2025 Activity Number: 11210171 Hours: 1.0000 Review Cause: Application Activity Details Project Name Extended Stay Hotel Comments: All future development shall meet the requirements of the Frederick County Fire Prevention Code and all other applicable codes. go— a Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 41G� co��y REQUEST FOR REZONING COMMENTS A� w ® � w ' 1738 Project Name: 700 Ross street Acreage: .20 PIN(S): 54-G-1-13-A Address (or general location): 700 Ross Street Existing Zoning District: B2(With Proffers) Proposed Zoning District: 132cWith Proffers Staff Name (Email Address): eric.bittner@fcva.us Agency Name Completing Comments (select one): ,Q Frederick Water Q Virginia Department of Transportation Winchester Regional Airport Q Virginia Department of Health Q Historic Resources Advisory Board EFrederick County (FC) Public Schools FC Public Works FC Inspections Q FC Fire Marshal FC Parks & Recreation Q FC County Attorney Other(Specify): City of Winchester Reviewer Name (Email Address): Julie Carter Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. No comment Resubmission to address comments requested?Y F-1 or N F v 'f REQUEST FOR REZONING COMMENTS • Project Name: 700 Ross street Acreage: .20 PIN(s): 54-G-1-13-A Address (or general location): 700 Ross Street Existing Zoning District: 132(with proffers) Proposed Zoning District: 132(with Proffers Staff Name (Email Address): eric.bittner@fcva.us Agency Name Completing Comments (select one): ,Q Frederick Water =Virginia Department of Transportation Winchester Regional Airport Q Virginia Department of Health Q Historic Resources Advisory Board EFrederick County (FC) Public Schools FC Public Works FC Inspections Q FC Fire Marshal FC Parks & Recreation ✓Q FC County Attorney n Other(Specify): Reviewer Name (Email Address): Andrew Fox(andrew.fox@fcva.us) Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. 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. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development,as my understanding is that review is being undertaken by staff and the Planning Commission. Resubmission to address comments requested?Y F-1 or N 7 .ale •U c toate+ CJ � L C3 L u C 4-1 L CL 0 c E _ n L zj EZ aD T L a .4 C CIJ _ flo Tu A M jA {L 1 E �J •C t�3 ai OL L2 w Z7 CD f` C n, iJ ^+1 ti V f4 L + 41 4 d 4— V ai �.+ ti LU f I4-1 4'3 ALL � .tic 13J �+ LJW W 4 ' fowl 7 U aj ZD 4-1 cy ti { L f L LL t`V 0 in a� m i 1 — 0. 0) — D L1 C 0 io m Ili 0 0 L �C C LO coM > 0V) �CU F E +j E D °> — 'c) L +� ° a u CLc - r " ( D M C) ° Q. � > _ Co CN Submittal Deadline REZONING APPLICATION P/C Meeting FREDERICK COUNTY, VIRGINIA BOS Meeting 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Aikens & Allen LP LLP Specific Contact Person if Other than Above: Jason Aikens Address: PO Box 2468 Winchester,VA 22604-1668 Telephone: 540-667-3752 Email: jason@aikensgroup.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Interested Parties (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Morris & Ritchie Associates, INC Specific Contact Person at Firm: Chris Stephenson Address: 205 E. Hirst Rd, Suite 106 Purcellville, VA 20132 12 Telephone: 703-431-8264 Email: cstephenson@mragta.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. 4. Project Name: 700 Ross Street 5. Property Information: Property Identification Number(s): PID #15105 Tax Map # 54/G 1/ 13/A/ Total acreage of the parcel(s): 0.20 Total acreage of the parcel(s) to- 0.20 be-rezoned: Current zoning designation(s) and B2 acreage(s) in each designation: Proposed zoning designation(s) B2 and acreage(s) in each designation: Magisterial District(s): Stonewall 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): 700 Ross Street at the northeast corner of the intersection of Gonoway St and Ross St Is this property within 1/z miles of the Town of Stephens City, the Town of Middletown, the City of Winchester, Clarke County, or Shenandoah County (specify which): City of Winchester 13 Adjoining Properties: Zoning: Use: North: RP ROW / Residential South: Winchester-62(Highway Commercial District) Hotel East: B2 (General Business) Vacant West: Winchester-82(Highway Commercial District) ROW / Residential 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. Aikens Investments LP LLP - 1025 Martinsburg Pike, Winchester VA 22603 - Jason Aikens Allen Investments LLC - 1625 Apple Blossom Drive, Winchester VA 22601 - Erik Beatly Both of these partnerships are partners of Aikens and Allen LP LLP Please attach additional page(s) if necessary. 7. 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. 14 (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 If signing on behalf of an entity, please state name of entity and your title: 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 people are owners, please use additional copies of this page. *A signed Power of Attorney form is required if someone is signing on the owner(s) behalf, 15 B►t ; ? F,i'J0580 \� C� THIS DEED,made;and dated this 16th day of July, 1999,by and between MARY P.COOKSON and THOMAS L.COOKSON, parties of t the first part,hereafter called the Grantors,and AIKENS&ALLEN,L.P., L.L.P.,a Virginia Limited Liability Partnership,party of the second part, hereafter called the Grantee. y WITNESSETH: That for and in consideration of the sum of Ten Dollars,($10.00),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 general warranty of title unto the Grantees in fee simple absolute,all of that certain tract or parcel of land,lying and being situate along the East side of Ross Street,the majority of which lies in Stonewall Magisterial District,in the County of Frederick,Virginia and a small portion lying within the City of Winchester,Virginia and being the remaining portion of Lot 42 of Shannon Hills Addition to the City of Winchester,Virginia(the plat of said Subdivision being of record in the Clerk's Office of the Circuit Court for the City of Winchester,Virginia in Deed Book 41 at Page 519,et seq.;)said Lot 42 fronts one hundred feet (100%more or less,along the East side of Ross Street and extends back in an easternly direction a distance of ninety feet(90')(formerly Conway c Street which is now abandoned),more or less,to Betty's Lane and which Lot is further shown on the plat of survey drawn by Greenway Engineering, ° dated June 10, 1998,of record in the Clerk's Office of the Circuit Court of 3 the City of Winchester,Virginia in Deed Book 290 at Page 43 and in the 4 Clerk's Office of the Circuit Court of Frederick County,Virginia in Deed -((1))-13A, Book 910 at Page 941,wherein the same is designated as°54G i BK91; 2F'G0501 i Thomas L.Cookson,Marx P.Cookson,DB 869 PG 778(Fred.Co.)"and by this reference made a part-tereof as if set out in full; and being the same 4 property conveyed to Thomas L. Cookson and Mary P.Cookson by Deed dated November 8, 1996 of record in the Clerk's Office of the Circuit Court of Frederick County,Virginia in Deed Book 869 at Page 778. Reference is made to aforesaid Deed for a more particular description of the property ; herein conveyed. This conveyance is made subject to all easements,rights of way and restrictions of record affecting the subject property. The Grantors do hereby covenant that they has the right to convey to the Grantees that the Grantees shall have quiet and peaceable possession of the said property,free from all liens and encumbrances,and that they will grant such further assurances of title as may be requisite. MTI'NESS the following signatures and seals: 111000now- Thomas L. Cookson Mary P.Cookson r �® BK942hu- 0582 s STATE OF VIRGINIA CITY/C-8I OF TO-WIT: I I ,a Notary Public in and for the State and jurisdiction aforesaid,do hereby certify that Thomas L. Cookson and Mary P.Cookson,whose names are signed to the foregoing Deed dated the 16th ` day of July, 1999,have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this__16"-day of July, 1999. My Commission expires: 4 ,9-,r.• _ 30, Notary Public +`"\\\1\11144r14JJ41lrJJJy4' .. O�'gRY 99B-0059-AACOKSN.RVS-cab VIRCdNW FREDERtCKCouNTY WE ThIs Instrument of writing was�y,�oduc d o me`on the ILI day of 18E�I.at and with certificate 4f acknowledgment thereto annexed was ad rr tied to record. Tax imposed by Sec. 58.1-8a2 of $�� ,and bt3.1-801 have been Aald, It assessable. erk r I I I' Ir — - - - BETTY STREET II I I _ -----(t�ROW) =n z 12" E 90.00' ------------------ ,-- --------- iI_�� ----------- Ex WATER METER o V\ , �54G-1-13AENS & ALLEN STREAM DRAINAGE w CD LP LLP EASEMENT I, ^d, DB 942 PG 580 DB 5q8 P6 825 0 0 8,938.55 SF z II I r--------\ I II I I � Imo♦ I ------� i � I jl I l 684 EX BUILDING W II I I n Ci �._,` II I II �Y ♦�: jl I S 76' 56' 51" E 90.00' — — _yl 1 7 ` � I ? -------------------------------- ------ -------------- I VARIABLE WIDTH AGGE55 EASEMENT TAX MAP# 177-02-1 (DB 2q0 P6 43) AIKENS & ALLEN LP LLP EXISTING CONDITIONS EXHIBIT 20 0 20 40 60 ON THE LANDS OF AIKENS&ALLEN LP LLP n >' TAX MAP NO.54G-1-13A Scale 1 = 20 DB942PG580 STONEWALL DISTRICT FREDERICK COUNTY,VIRGINIA MO�RRIS ARK SURVEE ASSOCIATESL110MUKAIMAii ! 205 E HIRST ROAD,STE 106 PURCELLVILLE,VA 2132 PHONE,703-9944047 MRAGTA.COM Copp%hf 2025 Mortis t R110M1 Awo Wtm Ism JLB Na 23500 1_20' oa7E 11120125 CmKN W.w ChED<W.nwe 9-ET- 1 OF 1 COUNTY OF FREDERICK P.O.sox 225 WINCHESTER,VA 22604-0225 00 C.WILLIAM ORNDOFF,JR Real Estate Taxes Paid for Tax Year 2025 Map Number: 54G 1 13A Account#: 8015105 Owner --r Date Description Tax Paid AIKENS& RE2025 325 1 ALLEN LP 4/15/2025 .50 ACRE $376.32 LLP AIKENS& t RE2025 325 2 ALLEN LP 4/15/2025 .50 ACRE $376.32 LLP Total Paid: $752.64 This amount represents payments applied during calendar year 2025 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page