021-08Action:
BOARD OF SUPERVISORS: October 8, 2008 & APPROVED ❑ DENIED
RESOLUTION
Chapter 165, Zoning, Article X, Business and Industrial District
Addition of New Zoning District — OM Office- Manufacturing Park
District and Chapter 165, Zoning, Article IV, Supplementary Use
Regulations - Accessory Uses
i WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning, Article X, Business and Industrial District,
pertaining to the addition of the OM Office- Manufacturing Park District and Chapter
165, Zoning, Article IV, Supplementary Use Regulations pertaining to revisions to the
Accessory Use regulations.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on August 28, 2008; and
WHEREAS, the Planning Commission discussed the draft ordinance on September 17,
2008; and recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding amendments to Chapter
165, Zoning, Article X, Business and Industrial District, pertaining to the addition of the
OM Office- Manufacturing Park District and Chapter 165, Zoning, Article IV,
Supplementary Use Regulations pertaining to revisions to the Accessory Uses
regulations.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to consider revisions to Chapter 165, Zoning, Article X, Business and Industrial
District, pertaining to the addition of the OM Office- Manufacturing Park District and
Chapter 165, Zoning, Article IV, Supplementary Use Regulations pertaining to
y revisions to the Accessory Use Regulations.
Passed this 8th day of October, 2008 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Gary W. Dove A y e Bill M. Ewing Aye
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY AT ST
t
J R. Riley, Jr.
Frederick County Administrator
BOS Res. #021 -08
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner (
Subject: Discussion — New Office- Manufacturing Park District
Date: September 29, 2008
540/665 -5651
FAX: 540/665-6395
Staff has been working on a new zoning district which is intended to implement the new Route 277
Land Use Plan that was adopted by the Board of Supervisors. This district would implement the
mixed -use industrial /office land use classification of the Comprehensive Policy Plan. The OM Park
District is designed to provide areas for research and development centers, office parks, and minimal
impact industrial and assembly uses. While the catalyst for this district was the identified land use in
the Route 277 study, it has the potential to be applied in other areas designated for industrial uses.
The primary uses that would be permitted in this district consist of target business as determined by
the Economic Development Commission. Design and development standards have also been
introduced with this proposed new ordinance. These standards include minimum district sizes,
standards for building materials, screening requirements for loading areas, as well as the prohibition
of outdoor storage areas.
The NAICS work group (a Subcommittee of the DRRS) has reviewed this draft ordinance on three
occasions and endorsed the ordinance on May 13 The DRRS first discussed this draft ordinance on
May 22, 2008. The DRRS suggested minor changes and requested that the ordinance be brought
back once comments were received by the Industrial Parks Association (IPA). The draft ordinance
was sent to the IPA and they had no comments on the proposed ordinance. The Development
Review and Regulations Subcommittee (DRRS) considered this item again at their August 2008
meeting. The DRRS had minor text changes and ultimately suggested that the ordinance be sent to
the Planning Commission for discussion. Also included with this new Zoning District are changes to
the Accessory Use regulations currently in the Zoning Ordinance. The DRRS discussed the
Accessory Use /Secondary Use Regulations changes at their May 2008 meeting and recommended
that it be sent to the Planning Commission for discussion, along with the proposed Office -
Manufacturing Park District.
The Planning Commission discussed this item at their meeting on September 17, 2008. Discussion
on the proposed district consisted of concerns regarding three proposed uses: aircraft and parts
manufacturing, rubber and miscellaneous plastics manufacturing and fabricated metals. It was
thought that these three uses were heavier than may be appropriate for the district. Other than the
concern over the uses, the Planning Commission was supportive of the proposed new zoning district.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Frederick County Board of Supervisors
Re: New Office - Manufacturing Park District
September 29, 2008
Page 2
The attached documents show the proposed new district, as well as the proposed dimensional and
intensity requirements for the new district. This item is presented for discussion. Staff is seeking
comments and direction from the Board of Supervisors on this Zoning Ordinance text amendment;
attached is a resolution directing the item to public hearing should the Board deem it appropriate.
Attachments: L Proposed Ordinance and Definitions.
2. Proposed Dimensional and Intensity Requirements for the District.
3. Secondary Use Regulations.
CEP /bad
ATTACHMENT 1
DRAFT- OMPARXDISTRICT — September 2, 2008
Office - Manufacturing Park District
Office- Manufacturing (OM) Park District. The intent of this district is to implement the mixed
use industrial/office land use classification of the Comprehensive Policy Plan. The OM Park
District is designed to provide areas for research and development centers, office parks, and
minimal impact industrial and assembly uses. Uses are allowed which do not create noise,
smoke, dust or other hazards. This district shall be located in a campus like atmosphere near
major transportation facilities.
Permitted Uses
Furniture and Related Product Manufacturing
Pharmaceutical and Medicine Manufacturing
Industrial and Commercial Machinery
And Computer Equipment Manufacturing
Electronics and other Electrical Equipment
And Components Manufacturing
Excluding uses in italics:
Storage batteries
Primary batteries
Aircraft and Parts Manufacturing
Medical Equipment and Supplies Manufacturing
Publishing Industries
Rubber and Miscellaneous Plastics Manufacturing
Excluding uses in italics:
Tires and Inner Tubes
Fabricated Metal Products
Employment Services
Computer Progr Data Processing, and
Other Computer Related Services
Legal Services
Engineering, Accounting, Research
Management, and Related Services
Standard Industrial
Classification
(SIC)
25
283
35
36
3691
3692
372
38
27
30
3011
34
736
737
81
87
Medical Laboratories 8071
Public Administration
Business signs
Signs allowed in §165 -30B
Freestanding building entrance signs
Multi- tenant complex signs
Electronic Message signs
NFIAUI - LV LIN t 1
DRAFT- OMPARKDI'STRICT - May 29, 2008
91 -97
Secondary or Accessory Uses.
The following uses shall be permitted by right in the OM Park District, but only in conjunction
with, and secondary to, a permitted principle use in accordance with section 165 -26.
Secondary Uses
Standard Industrial
Classification
(SIC)
Insurance Carriers and Services
63 -64
Commercial Banks
602
Eating and Drinking Places
58
Except the following:
Restaurants with drive - through uses
----- --
Food Services Contractors
5821
Caterers
5821
Mobile Food Services
- - - - - --
Drinking Places
5813
Office Machinery and Equipment
7359
Rental and Leasing
Physical Fitness Facilities for employees
7991
Child Day Care Services
8351
Office Machine Repair and Maintenance
7629
Dry Cleaning and_Laundry Services
721
Except the following:
Linen supply
7213
ATTACM1E1NT 1
DRAFT - OMPARKDISTRICT - Mai 29, 2008
Dry Cleaning Plants
Industrial launderers
Design Requirements.
7216
7218
A. Minimum Size. No OM Park District rezoning shall be approved for less than ten (10)
contiguous acres.
(1) There shall be no minimum lot size.
(2) There shall be no minim lot width or depth.
B. Development Standards. The following standards shall apply in the OM Park District.
(1) This district shall be planned and developed with a harmonious coordination of uses,
architectural styles, landscaping, parking, signs and outdoor lighting.
(2) This district shall be developed with a campus like atmosphere and near major
transportation facilities.
(3) Any building shall be faced on all sides facing road right -of -ways with durable,
attractive, high quality materials, comparable to clay brick, stone, wood, architectural
concrete masonry unit (e.g., regal stone, split face, precision, ground face) or precast
concrete panels.
(4) Loading docks or loading entrances shall be blocked from view from public streets,
by utilizing board -on -board fencing, masonry walls, or evergreen tree plantings.
(5) Outdoor storage shall be prohibited.
(6) All OM Park districts shall have access to a state road.
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§ 165 -26. Secondary or Accessory uses.
ATTACHMENT 3
When permitted secondary or accessory uses that are normally or typically found in association
with the allowed primary use shall be allowed on the same parcel or lot as the primary use.
- Secondary uses shall meet the requirements of this section as well as any particular standard
imposed on such use.
A. Agricultural accessory uses. The selling or processing of agricultural products
produced on the premises shall be considered to be accessory to an agricultural use.
On bona fide, operating farms, temporary or permanent housing for workers actively
working on the farm shall be an allowed accessory use.
B. Accessory dwellings. One accessory dwelling shall be allowed with any single -
family dwelling as long as the following conditions are met:
(1) The floor area of the accessory dwelling shall be no more than 25% of the
gross floor area of the primary residential structure on the lot.
(2) In the RP Residential Performance, MHl Mobile Home Community and R4
Residential Planned Community Districts, accessory dwellings shall only be
allowed if they are attached to the primary residential structure.
(3) In no case shall a mobile home be allowed as an accessory dwelling in the RP
Residential Performance District. R4 Residential Planned Community
District and R5 Residential Recreational Community District. [Amended 6-
9 -1993]
C. Dwellings in a business. One accessory dwelling shall be allowed with any business
or industrial use only so long as it is occupied by the owner of the business or
industry, an employee or a watchman.
D. Child day -care services. Child day -care services and facilities shall be allowed in
the Ml Light Industrial District as an accessory use to any allowed use or group of
allowed uses in an industrial park. [Added 8 -8 -1990]
E. In no case shall a mobile home or temporary trailer be allowed as an accessory use,
unless it is used for temporary or permanent housing on a bona fide, operating farm.
[Added 6 -9 -19931
F. Secondary Uses in the Bl, B2 and B3Districts. The square footage or area
occupied by secondary uses cumulatively shall not exceed twenty -five (25) percent
of the gross floor area of the related principle use. In the B3 District no more
than fifteen (15) percent of the gross floor area of the principle use may be used
for accessory retail sales and in no case shall the accessory retailing component
exceed 2,000 square feet. The square footage devoted to accessory retail sales
shall be included in calculating the 25 percent limit on secondary uses.
G. Secondary Uses in the OM Park, Ml and M2 Districts. The square footage or
area occupied by secondary uses cumulatively shall not exceed twenty-five (25)
percent of the gross floor area of the related principle use. Retail as an accessory
use shall not be permitted in the OM Park, MI or M2 Districts.
Action:
BOARD OF SUPERVISORS: October 8, 2008 ❑ APPROVED ❑ DENIED
RESOLUTION
Chapter 165, Zoning, Article X, Business and Industrial District
Addition of New Zoning District — OM Office- Manufacturing Park
District
WHEREAS, the Frederick County Planning Department has been directed to prepare
µ modifications to Chapter 165, Zoning, Article X, Business and Industrial District,
pertaining to the addition of the OM Office - Manufacturing Park District.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on August 28, 2008; and
WHEREAS, the Planning Commission discussed the draft ordinance on September 17,
2008; and recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding amendments to Chapter
165, Zoning, Article X, Business and Industrial District, pertaining to the addition of the
OM Office- Manufacturing Park District.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to consider revisions to Chapter 165, Zoning, Article X, Business and Industrial
District, pertaining to the addition of the OM Office- Manufacturing Park District.
Passed this 8th day of October, 2008 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove
Gene E. Fisher
Philip A. Lemieux
Bill M. Ewing
Charles S. Deflaven, Jr.
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator