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034-09Action: BOARD OF SUPERVISORS: October 14, 2009 ❑ APPROVED ❑DENIED RESOLUTION Directing the Planning Commission to Hold a Public Hearing Regarding an Ordinance Amendment to Chapter 165 Zoning to Revise and Modify Portions of the Office- Manufacturing (OM) Park Zoning District WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165 Zoning, OM Office- Manufacturing (OM) Park Zoning District, to address a request for the addition of a number of uses and modifications in the OM Zoning District; and WHEREAS, The Development Review and Regulations Committee (DRRC) discussed the draft ordinance on September 24, 2009, and recommended it be sent to the Planning Commission; and WHEREAS, the Planning Commission discussed the draft ordinance on October 7, 2009, and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding modifications to the OM Office- Manufacturing (OM) Park Zoning District; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding an Ordinance Amendment to Chapter 165 Zoning to revise and modify portions of the Office- Manufacturing (OM) Park Zoning District regarding permitted and accessory uses, floor to area ratio (FAR) and height maximums, and forward a recommendation to the Board of Supervisors. Passed this 14th day of October, 2009 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 Aye Bill M. Ewing Absent Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COP ATT T John Riley, Jr. Fre(,� ick County Administrator BOS Resolution 4034 -09 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/ 665 -6395 MEMORANDUM To: Frederick County Board of Supervisors r.u, fiI From: Candice E. Perkins, AICP, Senior Planner �- Subject: Discussion — OM (Off ce- Manufacturing) District Revisions Date: October 8, 2009 Frederick County has received a request to revise portions of the Office- Manufact>>ring (OM) Park Zoning District. Specifically, this request is for the addition of a number of uses, as well as modification to the floor to area ratio (FAR) and the height maximums in the district. The intent of the OM Park District is to implement the mixed -use industrial /office land use classification of the Comprehensive Policy Plan. It 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. Specifically, the request was to add various manufacturing uses, office uses and service uses. The request also included Revisions to the height allowance for office buildings from 60 feet to 90 feet and 70 feet for automobile parking structures, to allow a height exemption for automated storage facilities and to increase the FAR from 1.0 to 2.0. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on September 24, 2009. The DRRC discussed the intent of the OM Park District and felt that the district should accommodate office, research and development and minimal impact industrial uses that could be compatible with the other uses in the park. The DRRC then went through each of the uses requested by the applicant. First discussed was the requested food manufacturing uses which were originally excluded from the OM Park when it was initially developed. Ultimately, the DRRC felt that the impacts of those uses, such as heavy traffic and odor, would not be cohesive with other uses that would be permitted in the OM Park and felt they should be excluded. The DRRC also recognized that such uses are currently permitted in the M1 and M2 Districts and were more suited to those districts. The DRRC was satisfied with many of the other requested uses but felt that certain financial uses (such as banks) still belonged in the secondary or accessory use portion of the district. The Planning Commission discussed this item at their meeting on October 7, 2009. The Commission agreed with the DRRC endorsed changes and also felt that food manufacturing should continue to be excluded; they felt that the proposed additions in the DRRC endorsed ordinance would be a benefit to the district. The Commission unanimously supported the presented ordinance amendment and recommended that the request be forwarded to the Board of Supervisors for discussion. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Discussion — OM District Revisions October 8, 2009 Page 2 The attached document shows the existing Ordinance with proposed additions shown in bold italics. 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: 1. Revised OM District Regulations (Chapter 165 —Part 605) 2. Letter requesting the revisions 4. Comment from the EDC. 3. Resolution. CEP/bad _ ... ATTACHMENT I — 01V�ParkRevisions DRRC Endorsed- 9/24/09 PC Endorsed — IO/7/09 ARTICLE VI — BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 605 — OM Office - Manufacturing Park District §165- 605.01. Intent. 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 industria! 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. § 165 - 605.02. Permitted Uses. Standard Industrial Classification (SIC) Furniture and Rehated Product Manufacturing 25 Paperboard Containers and Boxes 265 Publishing Industries 27 Pharmaceutical and Medicine Manufacturing 283 Rubber and Miscellaneous Plastics Manufacturing 30 Excluding uses in italics: Tires and Inner Tubes 3011 Fabricated Metal Products 34 Industrial and Commercial Machinery 35 And Computer Equipment Manufacturing Electronics and other Electrical Equipment 36 And Components Manufacturing Excluding uses in italics: Storage batteries 3691 Primary batteries 3692 Aircraft and Parts Manufacturing 372 Medical Equipment and Supplies Manufacturing 38 Radio and Television Broadcasting Stations 483 Cable and Other Pav Television Services 484 1 Central Reserve Depository Institutions Savings Institutions Mortgage Bankers and Brokers Nondepository Credit Institutions Security and Commodity Brokers Dealers, Exchanges, and Services Insurance Carriers and Services Real Estate Holding and Other Investment Offices Advertisement Agencies Consumer Credit Reporting Agencies Direct Mailing Services Excluding the following: .__ Photocopying and Duplicating Services Employment Services ATTACHMENT 1— OMPark Revisions DRRC Endorsed- 9/24/09 PC Endorsed — 10/7/09 601 603 616 61 62 63 -64 65 67 731 732 733 7334 736 Computer Programming, Data Processing, and 737 Other Computer Related Services News Svndicates 7383 Doctors Offices and Clinics 801 -804 Medical and Dental Laboratories g07 Medaeal 6a berateries ggT1 Legal Services g1 Engineering, Accounting, Research 87 Management, and Related Services Public Administration 91.97 General Business Offices, including corporate 2 ATTACHMENT 1— OMPark Revisions DRRC Endorsed- 9/24/09 PC Endorsed — 10/7/09 government or other offices not providina services to the Genera/ public on a reau/ar basis as the primary use Business signs Signs allowed in §165 - 201.068 Freestanding building entrance signs Multi- tenant complex signs Electronic Message signs _______ § 165- 605.03. Secondary or Accessory Uses. The following uses shall be permitted by right in the DM Park District, but only in conjunction with, and secondary to, a permitted principal use in accordance with section §165- 201.05. Secondary Uses Standard Industrial Classification (SIC) 'nsu -ranEe Farriers and- �ervises X3-64 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 Commercial Banks 602 Credit Unions 606 Foreign Banks 608 Depository Banking Related Uses 609 Except the following: Check cashing agencies 6099 Monev order issuance Travelers' check issuance Photocopyina and Duplicating Services Office Machinery and Equipment Rental and Leasing Physical Fitness Facilities for employees Child Day Care Services Office Machine Repair and Maintenance Dry Cleaning and Laundry Services Except the following: Linen supply Dry Cleaning Plants Industrial launderers § 165 - 605.04. Design Requirements. ATTACHMENT 1— OMPark Revisions DRRC Endorsed- 9/24/09 PC Endorsed —1 D/7/09 6099 6099 7334 7359 7991 8351 7629 721 7213 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 minimum 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. ATTACHMENT 1— OMPark Revisions DRRC Endorsed- 9/24/09 PC Endorsed — 10/7/09 (6) All OM Park districts shall have access to a state road. C. The maximum structural heiaht for office buildinas shall not exceed 90 feet• the heiaht for all other uses shall be reaulated by 165 -601 02 and 4165 -201 03 D. The maximum structural heiaht for automobile parkina structures shall not exceed 70 feet § 165 - 601.02 Dimensional and intensity requirements The following table describes the dimensional and intensity requirements for the business and industrial districts: 5 District Requirement Bi B2 63 OM M1 M2 Front yard setback on primary or arterial highways (feet) 50 50 50 50 75 75 Front yard setback on collector or minor streets (feet) 35 35 35 35 75 75 Side yard setbacks (feet) - - 15 15 25 25 Rear yard setbacks (feet) - - 15 15 25 25 Floor area to lot area ratio (FAR) 0.3 1.0 1.0 �-8 2.0 1.0 1.0 Minimum landscaped area (percentage of lot area) 35 15 25 15 25 15 Maximum height (feet) 35 35 35 60 60 60 5 ATTACHMENT 1— OM Park Revisions DRRC Endorsed- 9/2Q/09 PC Endorsed — 10/7/09 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201— Supplementary Use Regulations § 165 - 201.03 Height limitations; exceptions. B. Exceptions to height requirements. (4) Automated storage facilities in the OM, M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. This exemption shall be granted only when the facility is provided with full sprinkling for fire protection according to the specifications of applicable codes. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height. 0 i2b E.l- ETF:{; �F)1'E:, �liITt:2{!D )'GIST aF`}FC£ $OX Z7$1 �1'i lt�i)ESTEEt. \'S, 22G[F4 r F:l ,i:PttC1�F:: {�OJ.f6�QDtiQ FaC`.;S ?SrLe: [tiY(tj7221)iKI September 21, 2(309 j�licliael T. Ruddy =; Daputy Ditector Planning anti Develapinent County of J= rederick 107 North I�ent Stree'i� 2 "d Floor ��'inche, ter, ��A 22b01 Ti =onzas 3�ooaE 7at� nr: • ^-r 1�i�son�citsrrc:coa, Re: Our File Imo. 5'S.OU1 �v':IA i- 1viAIL Dear l,�Iifie: This is t� confirm our meeting of last \week confiimTrg our desire to ask tl�e DRRS Committee and Frederick Ca�:rnty to ctinsi�3er adding uses to the OM zoning district- r.s I understand it, the Comity is still currently using SIC cadet ,but is r�orling to make a transition to the NA1CS codes. In order to capture both ctefnitions, I would propose -that th�'OM district be expanded to iracIude: Dairy Pradut;ts SIC 2(32 > Canned, frozen � Preserved Fruits & i/eDetables SIC 203 > Bakery I'rodncts SIC �� Y Sugar Confectionary Products SIC ��6 .and Be��erages SIC 2{38 o Miscellaneous Rood. (e ;chiding fish Rc seafaodj SIC ?A9 :- Paperboard Containers and Boxes S1C 265 i United Stags: Postal Service SIC'43 Y Radio and T'eles�ision.:Statians SIC x-83 :� Cable Services SIC x-84 r Central Reserve Depository Institutions SIC b01 Y Savings Institutions SIG 503 y Credit Unions SIC bGfi ;> Foreign. Banks SIC 608 Y Depository Banking Related Uses 51C b�9 F�HfH? Alll kL AU4RLSfi PUN {J FSiCC BSi±i 602. FRUIT T2L17 "AL, �'IR6IRIA �ZFifU, T[LEil10�L- [L70) L ?5 -9413; FwCS�NFLE: {�30) 4 ?5.9621, L -at.J l.: lSlI.F.I:>_u Tt;S()I�lNRSi LF.�Laal F.uuc.ac �nnR[q:'IOFG$ TI cc STRLCT. SiRTk 2U0, FAIRF�AI:. YIRGlWn I207U. TLLiJxnVE: (7ati ?52 -2615. FAISIAVILEC (703)352- -)19U, E- ht,1[L• T;�usl. c0I �.aaccrxr a•eRlzu�J.cr f1�3G'l�ae1 T. Ruddy, DepLt}� Director Peverage 1vlanufacturin� Sep *ember mil, �fl Converted Paper Product Ivlauufacturing a�� ;> Iti�iedical equipment and. Supplies I��anufac�� ring NAILS 3391 �ondeposi #ory CS -mod {t l�stztT�'��ns SiC El ?�AICS S1I Securii�= and Commodit}T J;rol�erG SIC 62 NAILS 5123 l�surance Carriers SIC 63 1�iAICS 513 lnsurante Agents, Brokers and Ser��ice SIC 6� � Real.Esiate SIC �� a Holding and Ln.v�'estment Offices. SIC 67 a Tex Return Preparation Services 5IC 7?l9 NAILS 523 Advertisir% Services SIC 73I. ��� 53 I Consumer Credit Reporting Services SIC 732 v Direct;l�lailingSer+7ce5: SIC i�3 �> Personnel Supply Sep *ices SI.0 73Ci 1`T�.ICS 56i I�er� s S;andicates SIC 73$3 �� Dental I.a�iora #Dries SIC sC?72 �?orth American Industry Classific3.tion Systern (l�I.y.ICS) Iand Uses �- Food %Ianufacturing (excluding slaughter'uig) I�lAICS 3I1 �- Peverage 1vlanufacturin� l�T�I -05 3I'?1 - Converted Paper Product Ivlauufacturing I<iAIC� 3222 ;> Iti�iedical equipment and. Supplies I��anufac�� ring NAILS 3391 f- Publishing lndustries_ ?�AICS S1I Sound Recording �i:dustries NAILS 5123 - Broadcasting gild Telr�ornnzu- niovtiona 1�iAICS 513 Informau�n Services hAICS'S1�- y :dlonetazy A.uttrioriiies Ns4�iCS 5�1 Credit Intermeiiiaiion Servdces NAILS 52� f- Securities and Rela`ied activities NAILS 523 Real .Estate- ��� 53 I r Professi€iiiai, Scielitific and Technical. SerS�ices I�lAICS 5?+ �- Nianad meat af.Compan3es Arid Enterprises I'�AICS 55 � A.drnnisttatve anti Support Ser��ices . 1`T�.ICS 56i Etucatiorial �vppoit Services I�IAICS 6117 Addili ©pally, �e �oul.tl request ihat the follo�%ing general defiriiiionS of uses be allox�ed within #Iie O�Z district fo i- nclr�de: Y General Business Off�es Y Research and i3ei�elopmant Offices Assairibly C)peratiorrs 1. Tn order to ensure that property is developed to its �a�iriiuua potential zn the OM District, the Applicant reques#s that d� Goi.in #y amegd the OA�i_. ordinance to allow ,a floor area to lat area ratio {FAR) of 2.b. This FAR allowance will provide consi_stene3� v�fitfi office building devel4pirterit currently permitted in tiie Iti2S, lviedical S=upport District as identified in §1G5 -98i} of the ;Frederick County Code. �1f3+ =Ta�1 �.. iluddl', �fpui'V )J:reC(C:' PGCa '?. �41so; `il:e O�!I district' s;?outd aL.oti�= a �a�?ihurn structural heiabt of �G toot for orifice buildings. This str>3civral he?�Iti ailoi��a.nce v,�iil provide consistency ,pith cfIi.Ci, building �7cvelopment currer!t ?y permitted iv the ?���, � °dical SugpUrt I3istrict: as identified in �1b5 -1Glz of t'ue Fredericl� Court } - Code: 3. nlso, the O?.�I district should allow a rna;.imum structural height of 7G .feet Tor automobile parking structures. This' .sirsct�ural hei�Iit allowance �s�i.11 pro�ride conyi�tei?cy zYith au €omc�bile parking structures currently permitted in the I�ZS, Ivle_dica} •Support District as identi.ired in §1C�5 -1G1I3 of the Fiedcr�c }: Count�� Code. �-. Fi_nally, the OI�'I district shoz)d ailo�� for a maYimtim .structural height of 1E?0 feet for avtoinated storage facilities z�ithin uie Fropertt�. `Phis structural hei�lrt allowance u�ilI provide consistency with automated storage facilities currently permitted iii the 3��I, Light Industrial District and the Iyi?, Industrial General District as idert.ified in �16�- 2j(B)(4) cif °the Pred�: rick CUnvty Code. I �_nde.rstand the D'.Ki�.S ComrnStte:e v, -ill rneEi tius Thursday e��ening. ��e },•zit atiznd to t-:reser!t this request and respond to any questions or comm.ei�ts. Than]: you fcr your continued assistance -and cooperation. Ver�� � � yciurs, �� Trion as Moore Iya��snn T1�iL :atd Candice Perkins From: Patrick Barker, CEcD [pbarker @winva.com] Sent: Thursday, September 24, 2009 4:05 PM �� Candice Perkins z:c: Eric Lawrence; june.wilmot @verizon.net Subject: RE: Discussion Item for September 24th DRRC Meeting Candice, The EDC has reviewed the materials provided regarding the revisions to the OM district. The EDC was a part of the committee that authored the OM district. Apart of the district's intent was to create an environment for office and R &D uses with compatiable industrial uses with a strong focus on the EDC's targeted business sectors. All of the EDC's targeted business sectors, with exception of a few, are included in the current OM district.. The EDC concurred with the decision to exclude some the targeted sectors from the O*�I district,. The rationale was these business targets are included in other industrial districts and represent more heavier to moderate industrial uses which perhaps would dilute the intent of the OM district, thus are not ideal uses within the OM district. Patrick 540.665.0973 winva.com " i'our Move. Our Commitment." From: Candice Perkins [ mailto :cperkins @co.frederick.va.us] Sent: Wednesday, September 23, 2009 9:20 AM To: pbarker @winva.com Cc: elawrenc @co.frederick.va.us; june.wilmot @verizon.net 'ubject: FVJ: Discussion Item for September Z4th DRRC Meeting Hi Patrick, V'Je have received a request to revise the new OM District to add a number of uses and revise the FAR and height maximums. We will be discussing the request at tomorrow night's DRRC meeting and wanted to see if you had concerns over any of the proposed uses. There are three attachments associated with this email and they are as follows: 1. Revised OM District with additional uses that are consistent with the intent of the OM District. 2. All additions and revisions requested by the applicant (uses, FAR, height). Letter of request from the applicant. Please let me know if you have any concerns or questions. Thanks, Candice Candice Perkins, aiCP Senior Planner Frederick County Department of Planning &Development 107 North Kent Street Winchester, Virginia 22601 (540)665 -5651 (540) 665 -6395 (fax) cperkins(a? co.frederick.va. us �vww. co.frederick.va.us