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EDAAgenda2023February2 ECONOMIC DEVELOPMENT AUTHORITY | THURSDAY, FEBRUARY 2ND| | 8:00 AM | COUNTY ADMINISTRATION BUILDING @ FIRST FLOOR CONFERENCE ROOM 107 KENT STREET WINCHESTER, VA 1. Call to Order 2. Approval of Minutes – January 5, 2023 || ACTION 3. Treasurer’s Report || ACTION 4. Election of Vice Chair|| ACTION • Selection of Vice Chair of EDA. The Vice-Chair shall, in the absence of the Chair, exercise all of the Chair's powers and duties. In the event the office of Chair shall become vacant, the Vice-Chair shall immediately become the Chair. 5. OM (Office-Manufacturing) Park Zoning District Amendments ||DISCUSSION • Review the proposed amendments to the OM zoning which were developed in part to better implement the EDA’s targeted industries. 6. Resolution of Appreciation to Doug Rinker || ACTION • Action to show appreciation to Doug Rinker for his service on the Frederick County Economic Development Authority. 7. Such other business as may come before this Authority MINUTES ECONOMIC DEVELOPMENT AUTHORITY | THURSDAY, JANUARY 5, 2023 | A meeting of the Frederick County Economic Development Authority was held on Thursday, January 5, 2023, at 8:00 a.m. in the County Administration Building, First Floor Conference Room, 107 North Kent Street, Winchester, Virginia. PRESENT: Bryan Fairbanks, Rick Till, Stan Crockett, Karen Swecker and Doug Rinker. STAFF: Patrick Barker, Shayla Rickard, Wendy May and Donna McIlwee, Frederick County Economic Development Authority, Jay Tibbs, Deputy County Administrator, and Michael Bryan, Attorney MEETING CALLED TO ORDER: Chairman Rinker called the meeting to order at 8:00 a.m. AGENDA CHANGE: Chairman Rinker asked for Board consent to move agenda item #4 (Annual Meeting) to item #10 following the Closed Session. All present gave their consent. APPROVAL OF MINUTES The minutes from the December 1, 2022, meeting were presented. On motion duly made by Mr. Crockett and seconded by Mr. Fairbanks, the minutes were approved by the following recorded vote: J. Stanley Crockett Aye Bryan Fairbanks Aye Doug Rinker Aye Judy McCann-Slaughter Absent Karen Swecker Aye Rick Till Aye TREASURER'S REPORT Mr. Barker submitted the following reports: Checking Account - Bank of Clarke County as of October 31, 2022 - $5470.06 Savings Account - Scott & Stringfellow as of October 31, 2022 - $1,421,638.99 Checking Account - Bank of Clarke County as of November 30, 2022 - $2195.56 Page 2 of 5 Frederick County EDA Meeting Minutes | January 5, 2023 Savings Account - Scott & Stringfellow as of November 30, 2022 - $1,423,660.41 On motion of Mr. Crockett, seconded by Mr. Till, the Treasurer’s Reports were approved by the following recorded vote: J. Stanley Crockett Aye Bryan Fairbanks Aye Doug Rinker Aye Judy McCann-Slaughter Absent Karen Swecker Aye Rick Till Aye FREDCO EATS: RESTAURANT WEEK Ms. May, Marketing Manager, announced Restaurant Week will be held January 30 through February 5, 2023. She also reviewed the current agricultural survey in progress and gave a recap of a USDA Seminar held at the Barns of Rosehill on December 13, 2022. The EDA will also be a sponsor of a Farm2Fork Affair, a regional tradeshow connecting Shenandoah Valley farmers, producers and makers with commercial-scale buyers throughout Virginia, West Virginia and Washington, DC, being held in Harrisonburg on March 14, 2023. TARGET INDUSTRY ANALYSIS UPDATE Mr. Barker reported that at the May Board meeting, staff stated additional research would be done to ensure quantitative propositions are accurate. Chmura Economics was contracted to compare the Frederick County MSA to 28 competing MSAs on various demographic economic indicators, as well as industry and occupation variables for the EDA Industry Targets. He then reviewed their results. Mr. Fairbanks stated he felt it was good to have an outside agency review. PRIORITY ACTIONS FOR TARGET INDUSTRY COMPETITIVENESS Mr. Barker stated that, at the EDA’s October meeting, staff provided an update to short-term action plans for improving Frederick County’s competitiveness in attracting the approved Target Industry Sectors. The plan is focused on the caveats related to talent and sites/buildings. The following provides an update to each item, which are highlighted. TALENT • Construct a listing of the “Potential Candidates per Opening for Each Sector” which are low ratio (red) to moderate ratio (orange) results o Completed and presented • Identify necessary career pathways for those occupations Page 3 of 5 Frederick County EDA Meeting Minutes | January 5, 2023 o Completed and presented • Verify infrastructure in place for those career pathways o In progress, awaiting feedback from educational institutions • Discuss with key stakeholders engaged with career pathway development potential short=term solutions o Programmed to commence next month (January) • Hold conversations with key employers on current hiring strategies o Programmed to commence next month (January) • Examine recommendations of DCI’s Talent Strategy for short-term solutions o Completed and presented • Develop recommendations with appropriate budget, if applicable SITES/BUILDINGS • Identify large acreage areas (100 acres or more) either zoned, comprehensively planned or otherwise with a focus on areas within proximity of major electric transmission lines o Completed and generalized areas identified • Discuss those identified areas with infrastructure providers to access service potential within 12-18 months with preliminary cost estimates, if applicable. o Completed with some needed follow-up • Access feasibility of future applications to the Virginia Ready Sites Program’s Site Development Fund o On-site visit by VRSP’s review team. Awaiting decision on $7,225,000 application for the Valley Innovation Park’s sanitary sewer and power upgrades • Collaborate with Planning Department and other applicable committees/parties to expand permitted uses with the Office/Industrial zoning district o Revised TM Zoning Ordinance scheduled for review by Development Rules and Regulation Committee in January GROCERY STORE ATTRACTION Mr. Barker provided an update on progress regarding efforts to encourage grocery stores to locate in Frederick County. Those with whom we have connected, 3 with moderate interest and 3 with long-term interest, receive a quarterly update on relevant information with a soft ask for an update. Those we are still waiting to make a connection with (4), receive a follow-up email and two phone calls each month. CLOSED SESSION Upon Motion duly made by Mr. Rinker, seconded by Mr. Crockett, the Authority unanimously RESOLVED to go into a closed meeting pursuant to Section 2.2-3711(A)(3) for the discussion and consideration of the acquisition of real property for a public purpose, or of the disposition of Page 4 of 5 Frederick County EDA Meeting Minutes | January 5, 2023 publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Authority, and pursuant to Section 2.2- 3711(A)(5) for discussion concerning a prospective business or industry where no previous announcement has been made of the business or industry’s interest in locating or expanding its facilities in the community. RETURN TO OPEN MEETING At the conclusion of the closed meeting concerning the discussion concerning the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Authority, and the discussion concerning a prospective business or industry where no previous announcement has been made of the business or industry’s interest in locating its facilities in the community, the following Resolution was unanimously adopted upon roll call vote as set forth below: WHEREAS, the Economic Development Authority of the County of Frederick, Virginia has concluded its “closed meeting” at a meeting held on January 5, 2023, and desires return to an “open meeting”; and WHEREAS, the adoption of this Resolution is intended to serve as the “Certificate” described in Section 2.2-3712(D) of the Code of Virginia (1950, as amended). NOW THEREFORE, BE IT RESOLVED that the Economic Development Authority of the County of Frederick, Virginia does hereby reconvene in an “open meeting” at its meeting held on January 5, 2023; and BE IT FURTHER RESOLVED that each and every Member of said Authority who votes in the affirmative for this Resolution does thereby certify to the best of each Member’s knowledge that only public business matters lawfully exempted from open meeting requirements of the Virginia Freedom of Information Act were heard, discussed or considered during the closed meeting, and that only such public business matters as were identified in the Motion which convened the closed meeting were heard, discussed or considered during the course of said closed meeting by the Authority: Roll Call Vote J. Stanley Crockett Aye Bryan Fairbanks Aye Doug Rinker Aye Judy McCann-Slaughter Absent Karen Swecker Aye Page 5 of 5 Frederick County EDA Meeting Minutes | January 5, 2023 Rick Till Aye ANNUAL MEETING Mr. Rinker asked Mr. Bryan to conduct the election of officers. Mr. Fairbanks nominated Mr. Till for Chairman. Nomination was seconded by Mr. Crockett and all present voted in favor of the nomination. Mr. Fairbanks nominated Mr. Rinker for Vice Chairman. Nomination was seconded by Mr. Crockett and all present voted in favor of the nomination. Mr. Fairbanks nominated Mr. Tibbs for Secretary-Treasurer. Nomination was seconded by Mr. Crockett and all present voted in favor of the nomination. On behalf of the entire Board, Mr. Fairbanks thanked Mr. Rinker for his leadership during the past three years. ADJOURN There being no further business to come before this Authority, the meeting was adjourned at 9:10 a.m. ________________________________ ____________________________ Doug Rinker Jay Tibbs Chairman Secretary TREASURER'S REPORT SYNOPSIS ECONOMIC DEVELOPMENT AUTHORITY December 31, 2022 BANK OF CLARKE COUNTY Beginning Bank Statement Balance - as of November 30, 2022 $2,195.56 Total Deposits $80,520.00 Total Disbursements $0.00 BANK STATEMENT BALANCE AS OF December 31, 2022 $82,715.56 SCOTT & STRINGFELLOW Beginning Bank Statement Balance - as of November 30, 2022 $1,423,660.41 Total Deposits $3,034.88 Total Disbursements $0.00 BANK STATEMENT BALANCE AS OF December 31, 2022 $1,426,695.29 TREASURER'S REPORT ECONOMIC DEVELOPMENT AUTHORITY December 31, 2022 BANK OF CLARKE COUNTY Beginning Bank Statement Balance - as of November 30, 2022 $2,195.56 Deposits 12/5/2022 Administrative Bond Fee (The Village at Orchard Ridge Phases I & II) $80,520.00 TOTAL DEPOSITS $80,520.00 Disbursements TOTAL DISBURSEMENTS $0.00 BANK STATEMENT BALANCE AS OF December 31, 2022 $82,715.56 TREASURER'S REPORT ECONOMIC DEVELOPMENT AUTHORITY December 31, 2022 SCOTT & STRINGFELLOW Beginning Bank Statement Balance - as of November 30, 2022 $1,423,660.41 Deposits 12/31/2022 Interest $3,034.88 TOTAL DEPOSITS $3,034.88 Disbursements TOTAL DISBURSEMENTS $0.00 BANK STATEMENT BALANCE AS OF December 31, 2022 $1,426,695.29 ** $707,000 represents proceeds from the sale of the Robinson School. DATE: January 27, 2023 TO: Board of Directors, Frederick County Economic Development Authority FROM: Patrick Barker, CEcD Executive Director CC: Jay Tibbs Deputy County Administrator RE: Election of Vice Chair The EDA Board needs to elect a new Vice Chair. The appointment would be through the end of 2023. Vice­ Chair is selected from the membership. Article 3 of the bylaws provides a description of the position of Vice Chair. • The Vice­Chair shall, in the absence of the Chair, exercise all of the Chair's powers and duties. In the event the office of Chair shall become vacant, the Vice­Chair shall immediately become the Chair. DATE: January 27, 2023 TO: Board of Directors, Frederick County Economic Development Authority FROM: Patrick Barker, CEcD Executive Director CC: Jay Tibbs Deputy County Administrator RE: OM (Office-Manufacturing) Park Zoning District Amendments At its January 25, 2022 meeting, the Board of Supervisors unanimously referred the proposed amendments to the OM (Office-Manufacturing) Park Zoning District to public hearing. During its January meeting, the EDA Board was made aware of these proposed amendments due to the linkage to improving Frederick County’s competitive position for the EDA’s target industry sectors. Staff is seeking any feedback from the EDA Board regarding the proposed amendments. At the January meeting, the EDA Board discussed the possibility of submitting a formal comment in support of the proposed amendments, similar to what was submitted for the Northeast Land Use Plan. Staff is seeking EDA Board direction regarding the need or desire to provide a formal comment regarding the proposed ordinance amendments. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – OM Office-Manufacturing Park District DATE: January 19, 2023 Proposal & Background: This is proposal to amend the OM (Office-Manufacturing) Park District to address stated concerns regarding the implementation of the zoning district, to better implement the Economic Development Authority’s (EDA) targeted industries, and to remove the link between OM District (zoning) and the mixed- use industrial office (MUIO) land-use designation in the Comprehensive Plan. This proposal includes amending the district name to “Technology-Manufacturing Park District (TM),” adding additional permitted and secondary uses, and amending and removing required district design standards. The proposed amendment would also create a greater allowance for warehousing/distribution type uses accessory to a primary use. Additionally, properties zoned into the district would not be required to submit a master development plan (MDP), expediting time to market for potential targeted industries. The zoning ordinance text amendment originated from discussions related to the update to the County’s Northeast Land Use Plan (NELUP) which contains nodes of “mixed-use industrial office” (MUIO) planned land uses, which are presently intended to be implemented with this district. The OM District regulations were adopted by the Board of Supervisors in 2008 (and last amended in 2019). The current OM District has not been well utilized or implemented in practice. Current Zoning Ordinance Standards (§165-605): The intent of the OM Office-Manufacturing Park 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. Meeting Summaries & Requested Action: The DRRC discussed this item on September 28, 2022, and November 21, 2022, and recommended additional revisions which have been incorporated into the draft. The primary discussion among DRRC members were additions to the “Permitted Use” list and allowance for warehousing as a “Secondary/Accessory Use” The DRRC did not achieve consensus on the proposed changes. The Planning Commission discussed this item on January 18, 2023. The Planning Commission was generally supportive of the proposed changes, noting that the intent was to see implementation of the district in those areas of the County where new commercial and industrial development is planned. The Planning Commission unanimously supported the item going forward to the Board of Supervisors for additional discussion (Commissioners Aikens & Dawson absent). DRRC Discussion OA – OM Park District January 19, 2023 Page 2 The attached document shows the existing ordinance with the proposed changes as drafted by Staff and reviewed by the DRRC and Planning Commission. Staff is seeking a decision by the Board of Supervisors on if this proposed zoning ordinance text amendment is ready to go forward for Public Hearing. MTK/pd Attachments: 1. Revised ordinance with additions shown in track changes. 2. Revised ordinance clean copy. 3. Current ordinance standard (unaltered). 4. Resolution :1 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 § 165-605.01 § 165-605.02 PART 605 OM OfficeTM Technology-Manufacturing Park District [Added 12-10-2008, Amended January 19, 2023] § 165-605.01. Intent. The intent of this district is to implement the mixed-use industrial/office land use classification of the Comprehensive Policy Plan. The OM ParkTM District is designed to provide areas for research-and-development centers Economic Development Authority (EDA) targeted industries, data centers, offices parks, and minimallow-impact industrial, assembly, and manufacturing uses. and assembly and manufacturing uses . Uses are allowed which do not create significant noise beyond the property line, smoke, dust or other hazards. This district shall be located in a business campus-like atmosphere setting near with direct access to major transportation networks and/or rail facilities and areas where there is availability and/or close-proximity to overhead electrical transmission lines.. Buildings should include attractive architectural features utilizing high quality building materials comparable to brick, stone, and glass. § 165-605.02. Permitted uses. [Amended 11-18-2009; 12-11-2019, 1-19-2023] Permitted uses are as follows: Permitted Uses Standard Industrial Classification (SIC) Manufacturing as follows: Dairy Products 202 Canned, frozen and preserved fruits, vegetables and soup mixes 203 Bakery products 205 Sugar and confectionary products 206 Beverages 208 Miscellaneous food preparations and products, excluding the following: Canned and cured fish and seafood Fresh or frozen fish and seafood 209 2091 2092 Furniture and related product manufacturing 25 :1 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 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 and computer equipment manufacturing 35 Electronics and other electrical equipment and components manufacturing 36 Aircraft and parts manufacturing 372 Guided Missiles, Space Vehicles, and Parts 376 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 Miscellaneous manufacturing industries 39 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 stationsCommunications 483 Cable and other pay television services 484 Central reserve depository institutionsDepository Institutions 601 :2 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 § 165-605.02 § 165-605.03 Permitted Uses Standard Industrial Classification (SIC) Savings institutions 603 Mortgage bankers and brokers 616 Nondepository credit institutions 61 Security and commodity brokers, dealers, exchanges, and services 62 Insurance carriers and services 63-64 Real estate 65 Holding and other investment offices 67 Business services 73 Advertisement agencies 731 Consumer credit reporting agencies 732 Direct mailing services, excluding the following: 733 Photocopying and duplicating services 7334 Employment services 736 Computer programming, data processing, and other computer-related services 737 News syndicates 7383 Doctors offices and clinics 801-804 Medical and dental laboratories 807 Legal services 81 Vocational schools 824 Business associations 861 Professional membership organizations 862 Labor unions and similar labor organizations 863 Engineering, accounting, research management, and related services 87 Public administration 91-97 General business offices, including corporate, government or other offices not providing services to the general public on a regular basis as the primary use --- Public utilities - :2 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 Flex-Tech, provided that at least one of the individual user’s uses is a permitted use in this section. - Business signs --- Signs allowed in § 165-201.06B --- Freestanding building entrance signs --- Multi-tenant complex signs --- Electronic message signs --- Communication facilities and offices, including telephone, telegraph, radio, television and other communications 48 :3 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 § 165-605.03 § 165-605.03.1 § 165-605.03. Secondary or accessory uses. [Amended 11-18-2009, 1-19-2023] The following uses shall be permitted by right in the OM TM Park District but only in conjunction with and secondary to a permitted principal use . not toAll other uses not listed below, permitted by right only in conjunction with and secondary to a permitted principle use, shall be exceed 25% gross square footage except where otherwise specified belowin accordance with §165-201.05. Secondary Uses Eating and drinking places Standard Industrial Classification (SIC) 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, except the following: 609 Check cashing agencies 6099 Money order issuance 6099 Travelers' check issuance 6099 Photocopying and duplicating services 7334 Office machinery and equipment rental and leasing 7359 Office machine repair and maintenance 7629 Physical fitness facilities for employees 7991 Day-care facilities [Amended 9-23-2020] - Dry-cleaning and laundry services 721 Except the following: Linen supply 7213 Dry-cleaning plants 7216 Industrial launderers 7218 Warehousing/Distribution up to 50% gross square - :3 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 footage (or up to 75% gross square footage where served directly by rail) § 165-605.03.1. Conditional uses. [Added 1-11-2017] Uses permitted with a conditional use permit shall be as follows: :4 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 § 165-605.03.1 § 165-605.04 Conditional Uses Standard Industrial Classification (SIC) Commercial recreation, indoor: • Professional sports clubs 7941 • Physical fitness facilities 7991 • Membership sports and recreation clubs 7997 • Amusement and recreation services (to include only fitness and sports instruction facilities) 7999 § 165-605.04. Design requirements. A. Minimum size. No OM TM Park District rezoning shall be approved for less than 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 TM 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)(1) Any building shall be faced on all sides facing road rights-of-way shall be faced on all sides with durable, materials, including but not limited to painted two-tone pre-cast concrete panels.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)(2) Loading docks or loading entrances shall be blocked completely screened from view from public streets and adjoining properties by a utilizing board-on- boardsix (6) foot tall opaque fencing, masonry walls, berms or a double row of evergreen tree plantings. (5)(3) Outdoor storage shall be prohibitedlimited to 35% of total lot area, be located outside of front setbacks, and shall be in conformance with §165-201.10. (6)(4) All OM Park Districts shall have access to a state road. C. The maximum structural height for office buildings shall not exceed 90 feet; the height for all other uses shall be regulated by §§ 165-601.02 and §165-201.03. ]Added 11-18-2009] :4 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 D. The maximum structural height for automobile parking structures shall not exceed 70 feet. ]Added 11-18-2009] D.E. Properties utilizing the TM Park District zoning shall not be required to complete a master development plan prior to submission of a site plan. :1 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 § 165-605.01 § 165-605.02 PART 605 TM Technology-Manufacturing District [Added 12-10-2008, Amended January 19, 2023] § 165-605.01. Intent. The TM District is designed to provide areas for Economic Development Authority (EDA) targeted industries, data centers, offices, low-impact industrial, assembly, and manufacturing uses. Uses are allowed which do not create significant noise beyond the property line, smoke, dust or other hazards. This district shall be located in a business campus-like setting with direct access to major transportation networks and/or rail facilities and areas where there is availability and/or close-proximity to overhead electrical transmission lines. Buildings should include attractive architectural features utilizing high quality building materials comparable to brick, stone, and glass. § 165-605.02. Permitted uses. [Amended 11-18-2009; 12-11-2019; 1-19-2023] Permitted uses are as follows: Permitted Uses Standard Industrial Classification (SIC) Manufacturing as follows: Dairy Products 202 Canned, frozen and preserved fruits, vegetables and soup mixes 203 Bakery products 205 Sugar and confectionary products 206 Beverages 208 Miscellaneous food preparations and products, excluding the following: Canned and cured fish and seafood Fresh or frozen fish and seafood 209 2091 2092 Furniture and related product manufacturing 25 Paperboard containers and boxes 265 Publishing industries 27 Pharmaceutical and medicine manufacturing 283 :1 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 Rubber and miscellaneous plastics manufacturing 30 Excluding uses in italics: Tires and inner tubes 3011 Fabricated metal products 34 Industrial and commercial machinery and computer equipment manufacturing 35 Electronics and other electrical equipment and components manufacturing 36 Aircraft and parts manufacturing 372 Guided Missiles, Space Vehicles, and Parts 376 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 Miscellaneous manufacturing industries 39 Communications 48 Depository Institutions 60 Nondepository credit institutions 61 Security and commodity brokers, dealers, exchanges, and services 62 Insurance carriers and services 63-64 Real estate 65 Holding and other investment offices 67 Business services 73 Doctors offices and clinics 801-804 Medical and dental laboratories 807 Legal services 81 Vocational schools 824 Business associations 861 :2 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 § 165-605.02 § 165-605.03 Permitted Uses Standard Industrial Classification (SIC) Professional membership organizations 862 Labor unions and similar labor organizations 863 Engineering, accounting, research management, and related services 87 Public administration 91-97 General business offices, including corporate, or other offices not providing services to the general public on a regular basis as the primary use --- Public utilities - Flex-Tech, provided that at least one of the individual user’s uses is a permitted use in this section. - Communication facilities and offices, including telephone, telegraph, radio, television and other communications 48 :4 Proposed Changes – OM Office-Manufacturing Park District Revised January 19, 2023 § 165-605.03 § 165-605.03.1 § 165-605.03. Secondary or accessory uses. [Amended 11-18-2009; 1-19-2023] The following uses shall be permitted by right in the TM District but only in conjunction with and secondary to a permitted principal use. All other uses not listed below, permitted by right only in conjunction with and secondary to a permitted principle use, shall bein accordance with §165-201.05. Secondary Uses Standard Industrial Classification (SIC) Warehousing/Distribution up to 50% gross square footage (or up to 75% gross square footage where served directly by rail) - § 165-605.04. Design requirements. A. Minimum size. No TM District rezoning shall be approved for less than 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 TM Park District: (1) Any building facing road rights-of-way shall be faced on all sides with durable, materials, including but not limited to painted two-tone pre-cast concrete panels. (2) Loading docks or loading entrances shall be completely screened from view from public streets and adjoining properties by a six (6) foot tall opaque fencing, masonry walls, berms or a double row of evergreen tree plantings. (3) Outdoor storage shall be limited to 35% of total lot area, be located outside of front setbacks, and shall be in conformance with §165-201.10. C. The maximum structural height for office buildings shall not exceed 90 feet; the height for all other uses shall be regulated by § 165-601.02 and §165-201.03. ]Added 11-18-2009] D. The maximum structural height for automobile parking structures shall not exceed 70 feet. ]Added 11-18-2009] E. Properties utilizing the TM Park District zoning shall not be required to complete a master development plan prior to submission of a site plan. 9/13/22, 10:13 AM Frederick County, VA OM Office-Manufacturing Park District https://ecode360.com/13804500 1/4 Added The intent of this district is to implement the mixed-use industrial/oce land use classication of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research-and-development centers, oce 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. Amended Permitted uses are as follows: Permitted Uses Standard Industrial Classication (SIC) Furniture and related 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 and computer equipment manufacturing 35 Electronics and other electrical equipment and components manufacturing 36 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 pay television services 484 Central reserve depository institutions 601 Savings institutions 603 Mortgage bankers and brokers 616 Nondepository credit institutions 61 Security and commodity brokers, dealers, exchanges, and services 62 Insurance carriers and services 63-64 Real estate 65 Holding and other investment oces 67 Advertisement agencies 731 Consumer credit reporting agencies 732 Direct mailing services, excluding the following:733 Photocopying and duplicating services 7334 Intent Permitted uses 9/13/22, 10:13 AM Frederick County, VA OM Office-Manufacturing Park District https://ecode360.com/13804500 2/4 Employment services 736 Computer programming, data processing, and other computer-related services 737 News syndicates 7383 Doctors oces and clinics 801-804 Medical and dental laboratories 807 Legal services 81 Engineering, accounting, research management, and related services 87 Public administration 91-97 General business oces, including corporate, government or other oces not providing services to the general public on a regular basis as the primary use --- Business signs --- Signs allowed in § B --- Freestanding building entrance signs --- Multi-tenant complex signs --- Electronic message signs --- Communication facilities and oces, including telephone, telegraph, radio, tele- vision and other communications 48 Amended The following uses shall be permitted by right in the OM Park District but only in conjunction with and secondary to a permitted principal use in accordance with § : Secondary Uses Standard Industrial Classication (SIC) 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, except the following:609 Check cashing agencies 6099 Money order issuance 6099 Travelers' check issuance 6099 Photocopying and duplicating services 7334 Oce machinery and equipment rental and leasing 7359 Secondary or accessory uses 9/13/22, 10:13 AM Frederick County, VA OM Office-Manufacturing Park District https://ecode360.com/13804500 3/4 Secondary Uses Standard Industrial Classication (SIC) Oce machine repair and maintenance 7629 Physical tness facilities for employees 7991 Day-care facilities Amended - Dry-cleaning and laundry services 721 Except the following: Linen supply 7213 Dry-cleaning plants 7216 Industrial launderers 7218 Added Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classication (SIC) Commercial recreation, indoor: •Professional sports clubs 7941 •Physical tness facilities 7991 •Membership sports and recreation clubs 7997 •Amusement and recreation services (to include only tness and sports instruction facilities) 7999 Conditional uses Design requirements A. Minimum size. No OM Park District rezoning shall be approved for less than 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 rights-of-way 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. C. The maximum structural height for oce buildings shall not exceed 90 feet; the height for all other uses shall be regulated by §§ and . Added 9/13/22, 10:13 AM Frederick County, VA OM Office-Manufacturing Park District https://ecode360.com/13804500 4/4 D. The maximum structural height for automobile parking structures shall not exceed 70 feet. Added Res# PDRes#03-23 ORDINANCE _________________________________________________________________________ Action: BOARD OF SUPERVISORS JANUARY 25, 2023 RESOLUTION DIRECTING THE PLANNING COMMITION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ORDINANCE CHAPTER 165 - ZONING ARTICLE VI Business and Industrial Zoning District Part 605 OM Office Manufacturing Park District §165-605.01 WHEREAS, a proposal to amend Chapter 165 – Zoning Ordinance to amend the OM (Office- Manufacturing Park) District to modify the district name, add additional permitted use, and reduce district design standards; and WHEREAS, the Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their September 28, 2022 and November 21, 2022 regular meeting; and WHEREAS, the Frederick County Planning Commission discussed the proposed changes at their regularly scheduled meeting on January 18, 2023 and agreed with the proposed changes; WHEREAS, the Frederick County Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on January 25, 2023; and WHEREAS, the Frederick County Board of Supervisors finds that in the public health, safety, general welfare, and good zoning practice, directs the Frederick County Planning Commission to hold a public hearing regarding an amendment to Chapter 165 – Zoning Ordinance; and 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 changes to address Chapter 165 - Zoning Ordinance to amend the OM (Office-Manufacturing Park) District. Res# PDRes#03-23 Passed this 25h day of January 2023 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber Robert W. Wells Josh E. Ludwig Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST _________________________________ Michael L. Bollhoefer Frederick County Administrator DATE: January 27, 2023 TO: Board of Directors, Frederick County Economic Development Authority FROM: Patrick Barker, CEcD Executive Director CC: Jay Tibbs Deputy County Administrator RE: Resolution for Mr. Doug Rinker. Per conversation with the EDA Chair, staff has prepared a resolution for Mr. Doug Rinker, recognizing his service on the Economic Development Authority of Frederick County. The draft resolution is enclosed. Staff is seeking EDA Board approval of the resolution. RESOLUTION OF APPRECIATION DOUG C. RINKER, ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF FREDERICK, VIRGINIA WHEREAS, Doug C. Rinker served the County of Frederick, Virginia, faithfully, as a member of the Economic Development Authority of the County of Frederick, Virginia, from September 2014 to January 2023, and WHEREAS, Doug C. Rinker also served as a chair from February 2021 to January 2023; during which time he led the Economic Development Authority of the County of Frederick, Virginia through various projects including several Strategy updates, the disposition of the Hope Drive property and the completion of an updated Target Industry Analysis, and WHEREAS, Doug. C. Rinker performed a valuable role in the economic development of our community without thought of personal gain. NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the County of Frederick, Virginia, that Doug C. Rinker is hereby recognized for his unselfish service and continued friendship toward this Board and the citizens of Frederick. WHEREAS, this Board will always consider Doug C. Rinker a colleague and friend. NOW, THEREFORE BE IT RESOLVED, that the Economic Development Authority of the County of Frederick, Virginia, extends its sincerest thanks to Doug C. Rinker and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Economic Development Authority. ADOPTED this 2nd day of February 2023. __________________________ __________________________ Richard J. Till Bryan Fairbanks Chair __________________________ __________________________ Karen Swecker Judith McCann-Slaughter __________________________ __________________________ J. Stanley Crockett Gary A. Lofton __________________________ Diane Kearns