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Home My WebLink About01-26 BOS Staff Report 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 Commercial Land Use: Hotel East: B2 (General Business) District Land Use: Vacant West: City of Winchester; B2 highway Commercial Land Use: Residential 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 that would not be harmonious with the surrounding residential uses. The removal of an existing access is an improvement to Ross Street. The B2 district is not typically associated with the “residential” future land use designation. Proffer C’s reduced front setback is a 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 Agency Comments: Review Agency Comment Date Comment Summary Status Virginia Department of Transportation (VDOT) 01/8/2026 “VDOT has no comments.” Winchester Utilities 12/16/2025 No comment Frederick County Public Works 1/22/2024 “We offer no comment at this time.” City of Winchester Planning 1/12/2026 “Aikens to submit a minor site plan to the City to capture the shared parking arrangement and overall minor reduction in parking at their hotel street.” Comments addressed through Proffer C. Frederick County Fire Marshal 12/18/2024 “Future development shall comply with the Frederick County Fire Prevention Code and other applicable codes pertaining to life safety.” Frederick County Attorney 01/8/2025 2/3/2025 No comment. “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 (B2) 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 (January 23, 2026) Staff Comment 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 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 affecting the allowed land use, requiring a public hearing. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application.