044-23 (ProposedOrdAmendmentChap165Zoning(OMOfficeManufacuringParkDistrict)) f
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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 Comity 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#044-23
Passed this 25h day of January 2023 by the following recorded vote:
Charles S. DeHaven, Jr., Chainnan Aye Shawn L. Graber Aye
Josh E. Ludwig Aye Robert W. Wells Aye
Blaine P. Dunn Aye Judith McCann-Slaughter Aye
(Gainesboro Dist. Seat Vacant) ---
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Admiitiistrator
Res# 044-23
F
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
NortheastLand 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 M65-605):
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
Proposed Changes—OM Office-Manufacturing Park District
Revised January 19,2023
§ 165-605.01 § 165-605.02
PART 605
�"`�etTM Technology-Manufacturing
Park District [Added 12-10-2008
Amended January 19, 2023]
§ 165-605.01. Intent.
The intent Of this distr-16+1 1S +E) iffiPlemeat the fni�Eed use industr4al/affiee land us-e
ells,fie,tio E)f the Compfehensive n„liey Plan.-The OaFTM District is designed
to provide areas for r-esear-eh and developneat eenter-s Economic Development
Authority (EDA)targeted industries, data centers, officespar4s, and
industrial, assembly, and manufacturing uses. fflfid effi-bly and m ufae*,,-:,,,. .
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
settingwith 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:
Standard Industrial
Classification
Permitted Uses (SIC)
Manufacturing as follows:
DaiLy Products 202
Canned, frozen and preserved fruits vegetables and 203
sou mixes
BakeEy products 205
Sugar and confectionaproducts 206
Beverages 208
Miscellaneous food preparations and products, 209
excluding the following:
Canned and cured fish and seafood 2091
Fresh or frozen fish and seafood 2092
Furniture and related product manufacturing 25
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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 35
equipment manufacturing
Electronics and other electrical equipment and 36
components manufacturing
Aircraft and parts manufacturing 372
Guided Missiles, Space Vehicles, and Parts 376
Measuring, analyzing and controlling instruments; 38
photographic, medical and optical goods; and watches
and clocks
Miscellaneous manufacturing industries 39
0'ra e t,rtt242 369-�
39
483
ieffsCOmmunlcations
Cable and athe- tek 0 494
Central r-eseFve deposit sDepositoa 604-
Institutions
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Proposed Changes-OM Office-Manufacturing Park District
Revised January 19,2023
§ 165-605.02 § 165-605.03
Standard Industrial
Classification
Permitted Uses (SIC)
Nondepository credit institutions 61
Security and commodity brokers, dealers, exchanges, 62
and services
Insurance carriers and services 63-64
Real estate 65
Holding and other investment offices 67
Business services 73
n,a.,ei4is,,, ef4,,,.,,n6ee 734
Employment se o 7-3-6
News n ate 7-39-3
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 87
related services
Public administration 91-97
General business offices, including corporate, ---
mor other offices not providing services to
the general public on a regular basis as the primary use
Public utilities -
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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.
Btisiness signs
Signs allowed i § 165 201.06B
Ei •1r
Communication facilities and offices, including 48
telephone, telegraph, radio, television and other
communications
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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 District but
only in conjunction with and secondary to a permitted principal use. not teAll
other uses not listed below, permitted by right only in conjunction with and secondary to
a permitted principle use, shall be ee 2519/ ^ e f etage where
ere
theF ise specifiedbe! in accordance with §165-201.05.
Standard Industrial
Classification
Secondary Uses (SIC)
Eating and dr-ifiking plaees _5_9
Feedse o eantr-aaar-s 592-4-
Caterers 592-1
Dr-in! ing plaees 594-3
Gemmer-eial banks 602
Credit, 606
Foreign bank Egg
Depasitafy 1..,,,king related uses, 0 ort the f n^ -ifit. 699
Cheek eashing agenei 60W
9
rr,-,.,e1e ,.t,eek;sstianee 6033
Phat,,,.,,r.,;,,,.and duel ,�; , . �o Qs. 7-3-34
Offiee fnaehiaefy and eq I a! and leasing 7-3-5-9
74947
E-�Eeept the f ii^.,,;,,,.-.
Linen ri. 7243
Warehousing/Distribution up to 50% rg oss square
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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 20171
Uses pefmit4ed with a eanditional tise permit shall be as fA!Iows-.:-
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Proposed Changes-OM Office-Manufacturing Park District
Revised January 19,2023
§ 165 605.03.1 165 605.04
Standard industrial
Conditional Uses Class ifiefttiO*+%q
o ,
Dl,ysiea f x„0 s f..;hies 799-t
9
ifielude only f4fiess and 3:140H
&,.;10
§ 165-605.04. Design requirements.
A. Minimum size. No OM-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 OM-TM
Park District:
(1) This distr-iet shall be planned and d&,,eleped with a ha er-dinft+ien
(2) This distr-iet shall be developed with a eamptis like atmosphere and a
en f6eilities.
(-3)Lj Any building shall be f6eed en 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.wi h dufable, attfaetive, high-
materi
materials, eampar-able to elay, br-iek, stane, wood, r-ehiteetur-al e6aer-ete
eafier-oto ole
(4)(2) Loading docks or loading entrances shall be-'�d-completely screened
from view from public streets and adjoining,properties by a utilizing>,,,.,f o
ksix 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.
l,, 7(4)All ON4 D.,-k D st is shall hav .,e o .,s to state
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]
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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.
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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 19,20231
§ 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; 1-19-20231
Permitted uses are as follows:
Standard
Industrial
Classification
Permitted Uses
(SIC)
Manufacturing as follows:
Dairy Products 202
Canned, frozen and preserved fruits, vegetables and 203
soup mixes
Bakery products 205
Sugar and confectionary products 206
Beverages 208
Miscellaneous food preparations and products, 209
excluding the following:
Canned and cured fish and seafood 2091
Fresh or frozen fish and seafood 2092
Furniture and related product manufacturing 25
Paperboard containers and boxes 265
Publishing industries 27
Pharmaceutical and medicine manufacturing 283
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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 35
equipment manufacturing
Electronics and other electrical equipment and 36
components manufacturing
Aircraft and parts manufacturing 372
Guided Missiles, Space Vehicles, and Parts 376
Measuring, analyzing and controlling instruments; 38
photographic, medical and optical goods; and
watches and clocks
Miscellaneous manufacturing industries 39
Communications 48
Depository Institutions 60
Nondepository credit institutions 61
Security and commodity brokers, dealers, exchanges, 62
and services
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
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Proposed Changes—OM Office-Manufacturing Park District
Revised January 19,2023
§ 165-605.02 § 165-605.03
Standard Industrial
Classification
Permitted Uses (SIC)
Professional membership organizations 862
Labor unions and similar labor organizations 863
Engineering,accounting,research management, and 87
related services
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 48
telephone, telegraph, radio, television and other
communications
:2
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; 1-19-20231
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.
Standard Industrial
Classification
Secondary Uses (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 11-18-20091
D. The maximum structural height for automobile parking structures shall not exceed
70 feet. ]Added 11-18-20091
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.
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9/13/22, 10:13 AM Frederick County,VA OM Office-Manufacturing Park District
[Added 12-10-2008]
§ 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 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.
§ 165-605.02 Permitted uses.
[Amended 11-18-2009; 12-11-20191
Permitted uses are as follows:
Standard Industrial Classification
Permitted Uses (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 6o1
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
Advertisement agencies 731
Consumer credit reporting agencies 732
fDirect mailing services,excluding the following: 733
fPhotocopying and duplicating services 7334
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9/13/22, 10:13 AM Frederick County,VA OM Office-Manufacturing Park District
Employment services 736
Computer programming,data processing,and other computer-related services 737
News syndicates 7383
Doctors offices and clinics 8ol-804
Medical and dental laboratories 807
Legal services _ 81
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
Business signs ---
Signs allowed in§165-201.066 ---
Freestanding building entrance signs ---
Multi-tenant complex signs ---
Electronic message signs_ ---
Communication facilities and offices,including telephone,telegraph,radio,tele- 48
vision and other communications
§ 165-605.03 Secondary or accessory uses.
[Amended 11-18-2009]
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§ 165-201.05:
Standard Industrial Classification
Secondary Uses (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 6o6
Foreign banks 6o8
Depository banking-related uses,except the following: 6o9
Check cashing agencies 6o99
Money order issuance 6o99
Travelers'check issuance 6o99
Photocopying and duplicating services 7334
Office machinery and equipment rental and leasing 7359
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9/13/22, 10:13 AM Frederick County,VA OM Office-Manufacturing Park District
Standard Industrial Classification
Secondary Uses I (SIC)
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
§ 165-605.03.1 Conditional uses.
FAdded 1-11-2017]
Uses permitted with a conditional use permit shall be as follows:
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 7999
sports instruction facilities)
§ 165-605.04 Design requirements.
A. Minimum size. No OM Park District rezoning shall be approved for less than to 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 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]
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9/13/22, 10:13 AM Frederick County,VA OM Office-Manufacturing Park District
D. The maximum structural height for automobile parking structures shall not exceed 70 feet.
]Added 11-18-2009]
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