052-23 (OrdAmendmentChapter165Zoning(OMOfficeManufacturingParkDistrict)) s r
073
Action:
PLANNING COMMISSION: Februaxy 15,2023 Recommended Approval
BOARD OF SUPERVISORS: Marcla 8,2023 Adopted
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING ORDINANCE
CHAPTER 165 - ZONING
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific
Uses
PART 201 --Supplementary Use Regulations
§165-201.07. Outdoor Iighting standards
PART 204 Additional Regulations for Specific Uses
§165-204.06. Flex-tech uses
§165-204.12 Motor vehicle service uses, automotive repair shops and public garages
CHAPTER 7.65-ZONING
ARTICLE VI
Business and Industrial Zoning District
PART 605 -OM Office-Manufacturing Parr District
§165-402.02. Permitted Uses.
CHAPTER 165-ZONING
ARTICLE VIII
Development Plans and.Approvals
PART 801 —Master Development Plans
§165-801.03.Waivers.
WHEREAS, upon consideration of a proposal to amend Chapter 165 — Zoning
Ordinance OM (Office-Manufacturing)Park District to address stated conce-w regarding
the implementation of zoning District, to better implement the Economic Development
Res #052-23
Authority's target industries, and to remove the stated link between OM District (zoning)
and the Ynixed-use industrial office (MU10) land-use designation in the Comprehensive
Plan; and to change the district name to Teclniology-Manufacturing (TM) Park District;
and
WHEREAS, the Planning Commission held a public hearing on the ordinance
amendment on February 15, 2023, and recommended approval of the ordinance
amendment; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance
amendment on March S, 2023, and;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors that the ordinance to amend Chapter 165 — Zoning Ordinance OM (Office`
Manufacturing) Park District to address stated concerns regarding the implementation of
zoning District, to better implement the Economic Development Authority's target
industries, and to remove the link between OM District (zoning) and the mixed-use
industrial office (MU10) land-use designation in the Comprehensive Plan.
Passed this 8th day of March 2023,by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shaven L. Graber Aye
Gainesboro District Vacant Robert W. Wells Aye
Blaine P. Dutm Aye Josh Ludwig Aye
Judith MCCam--Slaughter Aye
A COPY ATTEST
Michael L. Bollhoefe
Frederick County ministrator
Res#052-23
"I
r COUNTY of FREDERICK
Department of Planning and Development
s 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—Public Hearing
DATE: February 27,2023
Proposal& Background:
This is a 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)target 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.
Additional "clean-up"amendments are proposed throughout the Zoning Ordinance to reflect the change
in the name of the zoning district to TM(Technology-Manufacturing Park). After discussions with other
County staff and the development community, staff has also amended the "Dimensional and Intensity
Requirements" (§165-601.02) to allow the height waiver permitted for the MI (Light Industrial) and M2
(Industrial General)zoning districts to also apply to the new TM district. See attachment 3.
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 2.019).The current OM District has
not been well utilized or implemented in practice.
Current ZoninL 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 Planning Commission held a public hearing on February 15,2023.One(1)member of the public spoke
in support of the ordinance amendment,noting it enhanced the County's competitiveness in attracting the
target industries identified by the EDA.The primary discussion by the Planning Commission was removing
the link of the zoning district to the planned land use for mixed-use industrial office and making the district
use list more attractive to development.The Planning Commission unanimously recommended approval of
DRRC Discussion
OA—OM Park District
February 27,2023
Page 2
the ordinance amendment(Commissioner Kozel absent).
The attached document shows the existing ordinance with the proposed changes as drafted by Staff and
reviewed by the DRRC and Planting Commission. Staff is seeking a recommendation from the Board
of Supervisors on this proposed ordinance amendment.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in track changes
2. Revised ordinance clean copy
3. Changes to additional Zoning Ordinance sections to reflect new name
4.Resolution
Proposed Chan es—OM Office-Manufacturing Park District
Revised January 19 2023
§ 165-605.01 § 165-605.02
PART 605
9M OffieTM Technology-Manufacturing
PuAi-District [Added 12-10-2008,
�e
§ 165-605.01. Intent.
The intent E)f this distr-iet is to implement the mixed use industfial/ofgee laltd use
VJi.J 11ifi1 o o °
'asscatio of the Cho e Pah Pl , The ON4 PaF4zTM District is designed
to provide areas for fesearch and development eenters, Economic Development
Authority(EDA)targeted industries, data centers, offices parks, ^ i 41ow-impact
industrial, assembly, and manufacturing uses. and a .,e bly and � F^^* -'
i .r—
Uses are allowed which do not create significant noise beyond the roe line smoke,
dust or other hazards_ This district shall be located in a business campus-like atmosphere
setting near-witb 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... Buildin s 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 `
Permitted uses are as follows:
Standard Industrial
Classification
Permitted Uses (SIC)
I
Manufacturing as follows:
Dairy Products 202
Canned frozen and preserved fruits vegetables and 203
sou 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
: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 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
Rx v xuding uses in italics:
Smrage battei,ies464 y
i r arrrur�%crp'tiTci"%Lj' 7579-2
A i.•eFak and parts m of ntu fiftg '147247238
Medieal equipment and supplies maniifaetufing
Radio and television br-eadeastiflg 48-3
statieneCommunications
Cable and other pay taloser-viee� 494
Gen4r-al„ e depo,itaf ns itutionsl)e 604-
Institutions
:Y
Proposed,Changes—OM Office-Manufacturing park District
Revised January 19,2023
§ 165-605.02 § 165-605.03
Standard Industrial
Classification
Permitted Uses (SIC)
Savings institutions 693
MeAgage bankers and brokers 64-6
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. ori. o ent„ o 7-
Go o „r-edit reporting agen 73-2
�3
t
Ceffiputer pr-agr-affiming, data pr-E)eessing, and other 747
News sypAieates 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, ---
gevefnment
r other offices not providing services to
the general public on a regular basis as the primary use
Public utilities -
;2
Proposed Chanes—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.
BusifiE
Signs allowed in § 165 201.06B—
Ffeestanding building entrance
Multi tenant eefnPl—, "9-,
Rleetf
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,, ' L° 'J—
The following uses shall be permitted by right in the 911 -TM Pef1-District but
only in conjunction with and secondary to a permitted principal use. eAll
other uses not listed below, permitted by right only in conjunction with and secondary to
a permitted principle use, shall be nseced 25gross square footage pt where
otherwise specified belowin accordance with §165-201.05.
Standard Industrial
Classification
Secondary Uses (SIC)
Eating and drinking plaeos
Caterers 5S24
Mobile feed sefyiees- —
lking-plaet -594-4
Gemmer-eial banks 602
Credit unions 606
60&
6OW
Money or-def issuanee- 649-9
73-59
7629
Day ear-e�aeiliiies [Amended 9 23 202%
Dfy eleaning and l ,,,.a..,,se-1-1--es, q24
Linen stqq*
;4"leaning plant 724.6
Warehousing/Distribution up to 50% rog ss square -
:3
Proposed Changes—OM Office-Manufacturing Park District
Revised January 19,2423
footage (or up to 75% rotes uare footage where
served directly brail
3
Proposed Changes—OM Office-Manufacturing Park District
Revised January 19,2023
165 605.03.E -- § 165 605.04
Standard industrial
Conditional Uses Classifiefluen-(SIq
Physioa 4- the s� il;tie- 79
�Meffi ., .hip sports_and recreation 799
Amusement and r-eer-eatian sefviees--�
1=aci�es�
§ 165-605.04. Design requirements.
A. Minimum size.No OM-TM Paf1-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 CM—IM
Park District:
(4) This disir-iet shall be planned and develeped with a ha44�Aeniaus eeefdinatien
ef uses, afehiiee�ur-al styles, a
(2) This Elis�Fiet shall be develeped with a eampus like atMOSPlIeFe a-Rd neaf-
(-3,)f t) Argy building shall he feed 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.with durable, attrae4ive, high qual4y
materials, comparable to clay, bFiek, stone, wood, af:ehiteetur-aj conefet-e-
masefir-y unit (e.g., regal 7 split J precision,
co ete panels.
v
(4}(2) Loading docks or loading entrances shall be 4leok-eEl-completely screened
from view from public streets and adjoining properties by a�g bead-en-
bear-dsix 6)foot tall opaque fencing,masonry walls, berms or a double row of
evergreen tree plantings.
(-5)(3} Outdoor storage shall be prehib limited to 35% of total lot area,be located
outside of front setbacks, and shall be in conformance with X165-201.10.
(6)(4
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 X165-201.03.
]Added 11-18-2009]
:4
Proposed Chanes—OM Office-Manufacturing Park District
Revised January 19,2023
D. The maximum structural height for automobile parking structures shall not exceed
70 feet. JAdded 11-18-20091
D-.E.Properties utilizing the TM Park District zoning shall not be required to complete a
master development plan prior to submission of site plan.
:4
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, g,2023t-
§ 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; M-9 —
Permitted uses are as follows:
Standard
Industrial
Permitted Uses Classification
(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
:1
Proposed Changes—OM Office-Manufacturing Park District
Devised 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
:1
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;
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§165201.05.
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.
:4
�
Proposed Changes—OM District �;�;,�, lie � ( ,� -(> ck Gtr cj
Revised February 27,2023 ff
Zoning Ordinance
Article XX
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 201 Supplementary Use Regulations
165-201.03 Height limitations; exceptions.
(B)(4) OM (Offiee N,r.,pmf wr-in ) TM(Technology-Manufacturing)
165-201.05 Secondary or accessory uses.
(F) ON4 ruff ee Ma"f „h,,.;..,., TM(Technology-Manufacturing)
165-201.07 Outdoor lighting standards.
(B)(3) add TM(Technology-Manufacturing)to exception
165-201.08 Protection of Environmental Features
(A) ON4 (Offi e Manua etur-inn) TM(Technology-Manufacturing)
165-201.10 Outdoor Storage and processing.
(A)(1)(a) 014(nomee TM(TeehnolW-Mcanufacturinz)
Part 202 Off-Street Parking,Loading and Access
165-202.01 Off-street parking;parking lots.
(D)(1); (3)(a); (4); (13) TM(Technolozy-Manufacturine)
165-202.03 Motor vehicle access.
(A)(2) TM(Technology Manufacturing)
Part 203 Buffers and Landscaping
165-203.02 Buffer and screening requirements.
(D)(1)(b); (2);(6); (9); & (10)OM rOffi e n,r,,,ufae+,,i4ng. TM(Technolo,-y-MarruLactur^itzg)
Proposed Changes—OM District
Revised February 27,2023
Part 204 Additional Regulations for Specific Uses
165-204.06 Flex-tech uses.
(A) add TM(Technology-Manufacturing)to permitted uses list
165-204.11 Landfills,junkyards,trash disposal and inoperable motor vehicles and.trailers.
(C)(1) ON4(r,ffiee Nlafmf etafing) TM fTechnology-Manufacturing')
165-204.12 Motor vehicle service uses,automotive repair shops and public garages.
(B)(1); (D) add TM(Technology-Manufacturing)to prohibited districts lists
165-204.29 Commercial recreation,indoor.
TM(Technology-Manufacturing)
Article Vl
Business and Industrial Zoning Districts
Part 601 Dimension and Intensity Requirements
165-601.02;add height waiver("*")to TM district
*T~ *Iqp.M1 R4;4 44P Distviets The ire Board of Supervisors may waive the sixty-foot height limitation,
provided that it will not negatively impact adjacent uses. In order to consider the waiver,the applicant
must submit all information and adhere to requirements specified by § 165-204.28. In no case shall any
structure exceed 150 feet in height.
Article VIII
Development Plans and Approvals
Part 801 Master Development Plans
165-801.02 When required.
(A) nh,r (O ffi e M anuf.,etu Ping) TM(Technology-Manufacturing)
165-801.03 Waivers.
(B) Specify TM does not require MDP,consistent with proposed changes to section
Proposed Changes—OM District
Revised February 27,2023
165-801.05 Contents of master development plans.
(C) OM (Offiee r,r.mif etu-;^^4 TM(Technology-Manufacturing)