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Home My WebLink About03-16 PC Staff Report REZONING APPLICATION #03-16 SHAWNEE CANNING COMPANY, INC. Staff Report for the Planning Commission Prepared: April 14, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 05/04/16 Pending Board of Supervisors: 05/25/16 Pending PROPOSAL: Rezoning #03-16 for SHAWNEE CANNING COMPANY, Inc., submitted by Painter-Lewis, PLC, to rezone 2.10 acres from the RA (Rural Areas) District to the B2 (General Business) District with Proffers. LOCATION: 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). EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 05/04/16 PLANNING COMMISSION MEETING: This is an application to rezone a total of 2.10 acres of land from the RA (Rural Areas) District to the B2 (General Business) District with proffers, to accommodate office uses within the existing dwelling on the property. The site is within the limits of the Cross Junction Rural Community Center. Rural Community Centers typically consist of small lot residences and commercial uses typical of a village. There are currently no public utility services within this community center. The requested B2 designation is limited and considering parcels surrounding this parcel are zoned B2 and M1, this requested appears to be consistent with the goals of the 2030 Comprehensive Plan. With this rezoning, the Applicant has proffered to limit the use of the renovated building and parcel to office uses and has proffered to limit the maximum number of employees to 25 (could be reduced to health system constraints on the parcel). The Applicant has also proffered $500 for Fire and Rescue. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #03-16 Shawnee Canning Company April 14, 2016 Page 2 This report is prepared by the Frederick County Planning Sta ff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/04/16 Pending Board of Supervisors: 05/25/16 Pending PROPOSAL: Rezoning #03-16 for SHAWNEE CANNING COMPANY, Inc., submitted by Painter-Lewis, PLC, to rezone 2.10 acres from the RA (Rural Areas) District to the B2 (General Business) District with Proffers. LOCATION: 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). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 18-A-41 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Vacant/Residential M1 (Light Industrial) District Use: Manufacturing South: B2 (General Business) District Use: Commercial East: M1 (Light Industrial) District Use: Manufacturing West: B2 (General Business) District Use: Commercial Rezoning #03-16 Shawnee Canning Company April 14, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: This office has no objections to the proposed rezoning. Fire Marshal: Plans Approved. Public Works Department: Paragraph F Drainage of the Impact Analysis should be revised to indicate that the design of the future stormwater management facilities shall meet the requirements of Chapter 143 at Frederick County Code & Ordinances. Frederick County Sanitation Authority: No Comments. Frederick County Attorney: Please see attached letter from Roderick B. Williams, County Attorney, dated February 8, 2016. Frederick County Inspections Department: Change of Use of Residential to Business Use requires a building permit. Change of use for the facility shall comply with Virginia Existing Building Code. Other codes that apply are ICC/Ansi A117.1-2009 Accessible and Usable Building and Facilities 2012 Virginia Existing Building Code, and Virginia Energy Code, 2012. Building shall maintain height and area as allowed under T503 for allowable uses. New occupancy shall comply with Virginia Mechanical Code. Building structure, including floor loads/spans shall be evaluated for loading under new use. Van Accessible parking and unloading shall be required per ANSI A117.1.09. Van signage shall comply with USBC 1106.8. Accessible route shall be provided to tenant’s main entrance. Maximum slope for accessible route is 1:20 (5%). Asbestos inspection required for buildings built prior to 1985 that are undergoing renovations. 20% ANSI Rule applies. Additional comments shall be made at submittal of site plan. Frederick-Winchester Health Department: The Health Department has no objection as long as a proper sewage disposal system and well can be found for the office building. The current sewage disposal system and well are not approved for commercial use. Frederick County Department of Parks & Recreation: Parks and Recreation has no comments to add regarding this rezoning request. Rezoning #03-16 Shawnee Canning Company April 14, 2016 Page 4 Planning & Zoning: 1) Site History: The original Frederick County Zoning Map (U.S.G.S. Gore Quadrangle) depicts parcel 18-A-41 as being zoned A-1 (Agricultural Limited) District. The County’s agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. This property contains one existing residential dwelling. 2) Comprehensive Policy Plan: The Frederick County 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use The site is within the limits of the Cross Junction Rural Community Center. Rural Community Centers typically consist of small lot residences and commercial uses typical of a village. There are currently no public utility services within this community center. The requested B2 Designation is limited and considering parcels surrounding this parcel are zoned B2 and M1, this request appears to be consistent with the goals of the 2030 Comprehensive Plan. Access This property will be provided with one access point onto Cross Junction Road as shown on the proffered GDP. 3) Proffer Statement, Dated March 1, 2016: 1. Limit to Office Use: The owner limits the use of the renovated building and rezoned parcel to office uses as general shown on the GDP. 2. Limit to Number of Employees: The owner limits the maximum number of office employees to 25 who can be located on the premises. This number could be reduced if mandated by the approved health system. 3. Monetary Contribution: The Applicant has proffered $500 to Fire and Rescue – payable upon receipt of the first building permit. STAFF CONCLUSIONS FOR THE 05/04/16 PLANNING COMMISSION MEETING: This is an application to rezone a total of 2.10 acres of land from the RA (Rural Areas) District to the B2 (General Business) District with proffers, to accommodate office uses within the existing dwelling on the property. The site is within the limits of the Cross Junction Rural Community Center. Rural Community Centers typically consist of small lot residences and commercial uses typical of a village. Rezoning #03-16 Shawnee Canning Company April 14, 2016 Page 5 There are currently no public utility services within this community center. The requested B2 Designation is limited and considering parcels surrounding this parcel are zoned B2 and M1, this request appears to be consistent with the goals of the 2030 Comprehensive Plan. With this rezoning, the Applicant has proffered to limit the use of the renovated building and parcel to office uses and has proffered to limit the maximum number of employees to 25 (could be reduced to health system constraints on the parcel). The Applicant has also proffered $500 for Fire and Rescue. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission.