DRRC 09-22-22 Meeting Agenda1.Update on Previous Zoning Ordinance Text Amendments
2.Zoning Ordinance Text Amendment Proposals
2.A.OM Office-Manufacturing Park District
This is a proposal to amend the OM Park District to address stated concerns regarding
the viability of the zoning district and implement the Economic Development Authority's
(EDA) targeted industries.
This proposed amendment was initiated by staff.
3.Other
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, SEPTEMBER 22, 2022
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC09-22-22OA_OMOffice-ManufacturingParkDistrict.pdf
1
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: September 22, 2022
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: OM Office-Manufacturing Park District
Attachments:
DRRC09-22-22OA_OMOffice-ManufacturingParkDistrict.pdf
2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – OM Office-Manufacturing Park District
DATE: September 15, 2022
Proposal:
This is proposal to amend the OM Park District to address stated concerns regarding the viability of the
zoning district and implement the Economic Development Authority’s (EDA) targeted industries. This
proposal includes amending the district name to “Technology-Manufacturing Park District (TM).” 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 were originally intended to be implemented with this district.
Current Zoning Ordinance Standards:
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.
The current OM Zoning District has not been well utilized or implemented as intended in practice.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff.
Staff is seeking comments from the DRRC to forward to the Planning Commission and
Board of Supervisors for discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics
2. Revised ordinance (clean copy)
3. Current Ordinance Standard (unaltered)
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Proposed Changes – OM Office-Manufacturing Park District
Revised September 13, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 pt
§ 165-605.01 § 165-605.02
PART 605
OM OfficeTM Technology-Manufacturing
Park District [Added 12-10-2008,
Amended 2022]
§ 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, offices parks, and minimallow-impact industrial,
assembly, and manufacturing uses. and assembly and manufacturing uses. Uses are
allowed which do not create significant noise, smoke, dust or other hazards. This district
shall be located in a campus-like atmosphere setting near with direct access to major
transportation networks and/or rail facilities.
§ 165-605.02. Permitted uses. [Amended 11-18-2009; 12-11-2019]
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
Formatted: Highlight
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Proposed Changes – OM Office-Manufacturing Park District
Revised September 13, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 pt
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
Commented [TK1]: New - defense contracting potential
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Proposed Changes – OM Office-Manufacturing Park District
Revised September 13, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 pt
§ 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, hosting
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 -
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Proposed Changes – OM Office-Manufacturing Park District
Revised September 13, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 pt
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
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Proposed Changes – OM Office-Manufacturing Park District
Revised September 13, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 pt
§ 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 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 not 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
Commercial recreation, indoor:
Formatted: Highlight
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Proposed Changes – OM Office-Manufacturing Park District
Revised September 13, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 pt
• Professional sports clubs
• Physical fitness facilities
• Membership sports and recreation clubs
• Amusement and recreation services (to
include only fitness and sports instruction
facilities)
7941
7991
7997
7999
Warehousing/Distribution up to 50% gross square
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:
Commented [TK2]: Moved to "Secondary Uses" per
County Attorney
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Proposed Changes – OM Office-Manufacturing Park District
Revised September 13, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 pt§ 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 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 architectural precast concrete panels, or glass. Non-
architectural precast panels are prohibited.
(4)(2) Loading docks or loading entrances shall be located to the rear of the
building and 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 evergreen tree plantings.
(5)(3) Outdoor storage shall be prohibitedlimited to 25% 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]
D. The maximum structural height for automobile parking structures shall not exceed
Formatted: Highlight
Formatted: Highlight
10
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Proposed Changes – OM Office-Manufacturing Park District
Revised September 13, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 pt70 feet. ]Added 11-18-2009]
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Proposed Changes (clean) – OM Office-Manufacturing Park District
Revised September 13, 2022
PART 605
TM Technology-Manufacturing District
[Amended 2022]
§ 165-605.01. Intent.
The TM District is designed to provide areas for Economic Development Authority
(EDA) targeted industries, offices, low-impact industrial, assembly, and manufacturing
uses. Uses are allowed which do not create significant noise, smoke, dust, or other
hazards. This district shall be located in a campus-like setting with direct access to major
transportation networks and/or rail facilities
§ 165-605.02. Permitted uses. [Amended 2022]
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
12
Proposed Changes (clean) – OM Office-Manufacturing Park District
Revised September 13, 2022
Permitted Uses
Standard Industrial
Classification
(SIC)
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
13
Proposed Changes (clean) – OM Office-Manufacturing Park District
Revised September 13, 2022
Permitted Uses
Standard Industrial
Classification
(SIC)
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
Direct mailing services, excluding the following: 733
Photocopying and duplicating services 7334
Computer programming, data processing, hosting
and other computer-related services
737
Doctors offices and clinics 801
802
803
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, 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.
-
14
Proposed Changes (clean) – OM Office-Manufacturing Park District
Revised September 13, 2022
§ 165-605.03. Secondary or accessory uses. [Amended 2022]
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 principal use,
shall not exceed 25% gross square footage in accordance with§ 165-201.05:
Secondary Uses
Standard Industrial
Classification
(SIC)
Commercial recreation, indoor:
• Professional sports clubs
• Physical fitness facilities
• Membership sports and recreation clubs
• Amusement and recreation services (to include
only fitness and sports instruction facilities)
7941
7991
7997
7999
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 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) architectural precast concrete panels, or glass. Non-architectural
precast panels are prohibited.
(2) Loading docks or loading entrances shall be located to the rear of the building
and be completely screened from view from public streets and adjoining
properties by a six (6) foot tall opaque fencing, masonry walls, berms or
evergreen tree plantings.
(3) Outdoor storage shall be limited to 25% of total lot area, be located outside of front
setbacks, and shall be in conformance with §165-201.10.
15
Proposed Changes (clean) – OM Office-Manufacturing Park District
Revised September 13, 2022
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.
D. The maximum structural height for automobile parking structures shall not exceed
70 feet.
16
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Added
The intent of this district is to implement the mixed-use industrial/o ce land use classi cation of the Comprehensive Policy
Plan. The OM Park District is designed to provide areas for research-and-development centers, o ce 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 Classi cation
(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 o ces 67
Advertisement agencies 731
Consumer credit reporting agencies 732
Direct mailing services, excluding the following:733
Photocopying and duplicating services 7334
Intent
Permitted uses
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Employment services 736
Computer programming, data processing, and other computer-related services 737
News syndicates 7383
Doctors o ces 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 o ces, including corporate, government or other o ces 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 o ces, 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 Classi cation
(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
O ce machinery and equipment rental and leasing 7359
Secondary or accessory uses
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Secondary Uses
Standard Industrial Classi cation
(SIC)
O ce 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 Classi cation (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 o ce buildings shall not exceed 90 feet; the height for all other uses shall be regulated
by §§ and .
Added
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D. The maximum structural height for automobile parking structures shall not exceed 70 feet.
Added
20