18A41_ShawneeCanningCompanyAction:
PLANNING COMMISSION: May 4, 2016
BOARD OF SUPERVISORS: May 25, 2016
AMENDMENT
- Recommended Approval
- XJ APPROVED n DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-16 SHAWNEE CANNING COMPANY, INC.
WHEREAS, Rezoning #03-16 of Shawnee Canning Company, Inc., submitted by Painter -Lewis, Inc.,
to rezone 2.10 acres from RA (Rural Areas) District to B2 (General Business) District with Proffers, final
revision date of March 1, 2016 was considered. The property is located at 231 Cross Junction Road, less
than 0.3 miles from the intersection with US Route 522 North (North Frederick Pike). The property is
further identified with PIN 18-A-41 in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 4, 2016 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 25, 2016;
and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
rezone 2.10 acres from the RA (Rural Areas) District to the B2 (General Business) District with
proffers, final revision date March 1, 2016. The conditions voluntarily proffered in writing by the
Applicant and the Property Owner are attached.
PDRes #14-16
-2 -
This ordinance shall be 111 effect on the date of � adoption.
Passed this 25th day of May, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman
Ave
Robert A. Hess
Aye
Gene E. Fisher
Aye
Blaine P. Dunn
Aye
PDRes #14-16
Gary A. Lofton Ave
Robert W. Wells Aye
Judith McCann -Slaughter Aye
A COPY ATTEST
z &A9L::
Brenda G. Garton
Frederick County Administrator
VIRGINIA-- FR DERICK COUNTY.S01.
113is instrument of writuig was produced to me ori
lb
at
and with certificate ackrowiccigement thereto annexed
was
admitted to record. "fax imposed by Sec. 58.1-802 of
and 58.1-801 have been paid, if assessable-
-&e4
ll
,Clerk
160005'746
Proffer Statement
Shawnee Canning Company
Parcel TM#18-A-41
RA TO 132 WITH PROFFERS
Rezoning #:
Property: PARCEL ID: 18-A-41
Area: 2.103 acres
Recorded Owner: Shawnee Canning Company, Inc.
Applicant: Shawnee Canning Company, Inc.
P. O. Box 657
Cross Junction, Virginia 22625
Project Name: Shawnee Canning Company Office Building
Magisterial District: Gainesboro Magisterial District
Original Date
of Proffers: March 1, 2016
Prepared by: PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540) 662-5792
email: office@painterlewis.com
Job Number: 1511010
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01.1
PROFFER STATEMENT
Shawnee Canning Company Office Building-TM#18-A-41
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application ## for the rezoning of
parcel TM# 18-A-41 from RA to B2 with proffers, the use and development of the
subject property shall be in strict conformance with the following conditions set forth in
this proffer except to the extent that such conditions may be subsequently amended or
revised by the owner and such are approved by the Board of Supervisors in accordance
with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers
shall be binding on the owner and their legal successors or assigns.
PROFFFRS
1.) Limit to Office Use
The owner proffers to limit the use of the renovated building and rezoned parcel to office
uses as generally shown on the attached General Development Plan.
2.) Limit to Number of Employees
The owner proffers to limit the maximum number of office employees to twenty-five (25)
who can be located on the premises to be constructed on this parcel. This number is
based on the projected needs of the owner. The number of employees could be
reduced if mandated by the approved health system.
3.) Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the Treasurer of Frederick County the
sum of $500.00 to offset impacts to capital facilities for fire and rescue services. This
sum will be paid upon receipt of the first building permit issued subsequent to the
approval of this rezoning for any existing or proposed structure.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Respectfully Submitted:
On Behalf of Shawnee Canning Company, Inc.
Lisa Johnson
City/County of }'f�,�^�{ , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this _j day of
J(A F�t_- , 201(.0 .
page 2
c`1
PROFFER STATEMENT
Shawnee Canning Company Office Building-TM#18-A-41
Notary Public = ��,• NOTARY ' . �,
mom: PUBLIC
C� REG 4 7532024
Notary Registration number: r] 53 �1Dacl= MY COMMISSION ; \�
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or 9/30"2016 ,•
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page 3
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SHAWNEE CANNING CO., INC.
DB 593 PG 633 & DB 748 PG 41
TM 18—A-41
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SHAWNEE CANNING CO., INRA ,
TM 18—A-42A 2.1 ACRES
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YPIEE CANNA[ � CO
817 Cedar Creek Grade, Suite 120 DRAWN BY: JOB NO.:
Winchester, Virginia 22601 GENERAUZED DEVMOPMDjrfP—L 1511010,
Telephone (540)662-5792 PLM scALE: DATE:
CONSULTING Facsimile (;540)662-5793 t'=100' 03/01/16
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Email office0painterlewis.com
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