HomeMy WebLinkAbout01-26 PC Staff Report REZONING #01-26
700 Ross Street
Staff Report for the Planning Commission
Prepared: February 2, 2026
Staff Contact: Eric Bittner, Planner II
Executive Summary:
Meeting Schedule
Planning Commission: February 18, 2026 Action: Pending
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 proffer amendment to amend approved proffers associated with REZ
#14-03 – Hampton Inn. The amendments propose removing a proffered use restriction of a
parking lot only and restricting the use of the parcel to a hotel and parking and a reduction of
the 35’ 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 considered to
be consistent with the Residential future land
use category.
Proffer C’s reduced setback is a reduction of
current setback standards. Reference the
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County Attorney’s comment. The Planning
Commission should be aware that this proffer
is intended to make the zoning ordinance
more lenient, 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.”
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
specific development, as my
understanding is that review is being
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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.
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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.
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This is a proffer amendment affecting the allowed land use, requiring a public hearing.
Following a discussion, staff is seeking a recommendation from the Planning Commission to
forward to the Board of Supervisors on this rezoning application.
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