PC 01-18-23 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Committee Reports
4.Citizen Comments
5.Public Hearings
5.A.Establishment of a New Agricultural and Forestal District - Long Creek
Farm Agricultural & Forestal District - (Mr. Cheran)
A proposed request was submitted to establish a new district containing 1,077.39+/-
acres within 14 parcels in the Back Creek Magisterial District. These parcels are
generally located 0.5 miles west of the intersection of Shady Elm Road (Route 651) and
Springdale Road (Route 649) and are identified by Property Identification Numbers 61-
A-132, 61-A-133, 62-A-35, 62-A-40, 74-A-5, 74-A-47, 74-A-47A, 74-A-48, 74-A-51, 74-
A-52, 74-A-53, 74-A-65, 74-A-66, and 74-A-75A.
5.B.Establishment of a New Agricultural and Forestal District - North
Frederick Agricultural & Forestal District - (Mr. Cheran)
Several proposed requests were submitted to establish a new district containing
1,961.86+/- acres within 15 parcels in the Gainesboro Magisterial District. These
parcels are located 2.5 miles west of the intersection of North Frederick Pike (Route
522) along North Sleepy Creek Road (Route 734) and Bloomery Pike (Route 127) and
are identified by Property Identification Numbers 03-A-4, 03-A-27, 05-1-3, 05-1-3A, 05-
1-4, 05-A-5, 05-A-6, 05-A-10, 06-A-10, 06-A-10B, 10-A-1, 10-A-15, 10-A-31, 10-A-31A,
and 10-A-31B.
AGENDA
PLANNING COMMISSION
WEDNESDAY, JANUARY 18, 2023
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC01-18-23EstablishmentofLongCreekFarm_Redacted.pdf
PC01-18-23EstablishmentofNorthFrederick_Redacted.pdf
1
5.C.Establishment of a New Agricultural and Forestal District - White Hall
Agricultural & Forestal District - (Mr. Cheran)
A proposed request was submitted to establish a new district containing 974.30+/-
acres within 7 parcels in the Gainesboro Magisterial District. These parcels are located
on Wright Road (Route 661) and Apple Pie Ridge Road (Route 739) and are identified
by Property Identification Numbers 22-A-58, 22-A-63, 22-A-64, 22-A-65, 23-A-3, 23-A-
4, and 32-A-68A.
5.D.South Timber Ridge Agricultural & Forestal District Addition - (Mr.
Cheran)
A proposed request was submitted to add 6 parcels totaling 189.86+/- acres to the
South Timber Ridge Agricultural and Forestal District. These parcels are located along
Hollow Road (Route 707) to the north, Muse Road (Route 610), and Gold Orchard
Road (Route 708) to the east and are identified by Property Identification Numbers 37-
A-47, 37-A-58, 37-A-59, 37-A-60, 37-A-63, and 37-A-65. This request for the addition of
189.86+/- acres would increase the District from 981.08+/- acres to 1,170.94+/- acres.
6.Information/Discussion Item
6.A.Ordinance Amendment - OM Park District - (Mr. Klein)
Ordinance Amendment - OM Park District
7.Other
7.A.Current Planning Applications
8.Adjourn
PC01-18-23EstablishmentofWhiteHall_Redacted.pdf
PC01-18-23AdditionSouthTimberRidge_Redacted.pdf
PC01-18-23Ordinance Amendment_OMParkDistrict.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: January 18, 2023
Agenda Section: Public Hearings
Title: Establishment of a New Agricultural and Forestal District - Long Creek Farm
Agricultural & Forestal District - (Mr. Cheran)
Attachments:
PC01-18-23EstablishmentofLongCreekFarm_Redacted.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning Administrator
RE: Request to establish Long Creek Farm, Inc., Agricultural and Forestal
District Parcels 61-A-132, 61-A-133, 62-A-35, 62-A-40, 74-A-5, 74-A-47,
74-A-47A, 74-A-48, 74-A-51, 74-A-52, 74-A-53, 74-A-65, 74-A-66, 74-
A-75A, 61,-A-132, 61-A-133, 62-A-35, 62-A-40, 74-A-5, 74-A-47, 74-A-
47A, 74-A-48, 74-A-51, 74-A-52, 74-A-53, 74-A-65, 74-A-66 and 74-A-
75A owned by Long Creek Farm, Inc.
DATE: January 10, 2023
Please find attached a form from Long Creek Farm, Inc., dated October 11, 2022. Long
Creek Farm, Inc., has requested to propose a new district called Long Creek Farm, Inc. If
created, this District would be added to the renewal cycle for all Districts and would be
valid until August 12, 2025. Currently, 1,077.39+/- acres are contained in this proposed
district.
Long Creek Farm, Inc., desire to establish a new district containing 14 parcels totaling
1,077.39+/- acres. Section 15.2-4314 of the Code of Virginia, 1950, as amended,
provides property owners with the ability to request to add land to the Agricultural and
Forestal District through a public process via the local governing body.
The Agricultural District Advisory Committee (ADAC) considered this request during
their meeting on December 6, 2022. The ADAC unanimously recommended the creation
of Long Creek Farm, Inc. Agricultural and Forestal that contains 14 parcels totaling
1,077.39+/- acres.
Staff will present mapping during the Planning Commission Meeting which delineates
the location of this acreage.
MRC/pd
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2020-2025 AGRICULTURAL & FORESTAL DISTRICT
LONG CREEK FARM DISTRICT-PROPOSED NEW DISTRICT
Staff Report for the Planning Commission
Prepared: January 5, 2023
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Agricultural District Advisory Committee, Planning Commission, and the Board of
Supervisors to assist them in making a decision on this application. It may also be useful to
other interested in this matter.
Reviewed Action
Agricultural District Advisory Committee: 12/06/22 Recommend Approval
Planning Commission: 01/18/23 Pending
Board of Supervisors: 02/08/23 Pending
PROPOSAL: This is a request to create a new Agricultural and Forestal District “Long Creek
District” that totals 1,077.39+/-acres.
LOCATION AND SIZE: This proposed District is located within the Back Creek Magisterial
District and is generally located ½ mile west of the intersection of Shady Elm Road (Route 651)
and Springdale Road (Route 649). The proposed District would consist of fourteen (14) parcels
62-A-35, 61-A-133, 61-A-132, 62-A-40, 74-A-5, 74-A-47, 74-A-47A, 74-A-48, 74-A-51, 74-A-
52, 74-A-53, 74-A-65, 74-A-66 and 74-A-75A) that total 1,077.39+/- acres, managed by one (1)
property owner.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/18/23 PLANNING
COMMISSION MEETING:
This is a request to the Frederick County Planning Commission to create the new Long Creek
Agricultural and Forestal District, comprising 1,077.39+/-acres. This District meets the intent of
Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated
in conjunction with the Comprehensive Plan. This creation provides an opportunity for the
agribusiness community to conduct long range planning efforts for the management of their
operations, while providing a reserve of agricultural land through the year 2025. If created, this
District would be added to the renewal cycle for all Districts and would be valid until August 12,
2025.
The Agricultural District Advisory Committee (ADAC) unanimously recommended
approval of the request to create a new Agricultural and Forestal District “Long Creek”
that totals 1,077.39+/- acres at their meeting on December 6, 2022. Ultimately, the Board of
Supervisors approves, approves with modifications, or denies the proposal to establish or renew
an Agricultural and Forestal District.
A recommendation from the Planning Commission to forward to the Board of Supervisor
would be appropriate.
5
Page 2
Proposed Long Creek Farm Inc District
January 5, 2023
REVIEW EVALUATIONS:
LOCATION AND SIZE: This proposed District is located within the Back Creek Magisterial
District and is generally located 1/2 mile west of the intersection of Shady Elm Road (Route 651)
and Springdale Road (Route 651). The proposed District would consist of fourteen (14) parcels
that total 1,077.39+/- acres, managed by one (1) property owner.
AGRICULTURAL & FORESTAL SIGNIFICANCE: The proposed District consists of
approximately 90 percent pasture/orchard uses and 10 percent crops/woodlands. The area within
the proposed District is rural in nature.
LAND USE: All parcels within the proposed District are currently zoned RA (Rural Areas)
Zoning District and contain agricultural and residential land uses. All surrounding properties are
also zoned RA (Rural Areas) District.
COMPREHENSIVE PLAN: The Comprehensive Plan of Frederick County provides guidance
when considering land use actions. The location of the proposed District lies outside the Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA) and is not part of any
land use plan or study by the County. The land use within the proposed District is agricultural
and residential. The current land use should remain in its present condition.
The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s
economy and to maintain the rural character of areas outside of the Urban Development Area.
The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in
Agricultural and Forestal Districts. The Comprehensive Plan supports the renewal of the
proposed District for it provides an opportunity for the agribusiness community to conduct long
range planning efforts for the management of their operations, while providing a reserve of
agricultural land through the year 2025.
TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM: The County’s TDR
Ordinance as outlined in the Zoning Ordinance provides a bonus to properties located within an
Agricultural and Forestal District. If this District is created, it would qualify for double the
amount of density rights that could be transferred (1 Density Right =2 Dwelling Unit).
LAKES/PONDS/STREAMS: A portion of the proposed District lies along the Opequon Creek
and within the drainage area. This will further assist with managing the quality of the County’s
water resources.
TOPOGRAPHY: This proposed District topography ranges from flat and rolling west along
Springdale Road. This District lies within Opequon Creek watershed and water is available from
ponds, wells and springs.
SOILS: The predominate type of soil for this area is Frederick-Poplimento-Oaklet. The soil is
6
Page 3
Proposed Long Creek Farm Inc District
January 5, 2023
gently sloping and drains well with fine subsoil. This is the largest amount of prime agricultural
soils within the district.
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2020-2025 Long Creek Farm EstablishmentAgricultural & Forestal District
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: October 12, 2022
PIN Owne r Acres61 A 132 LONG CREEK FARM, INC 79.2161 A 133 LONG CREEK FARM, INC 13.2562 A 35 LONG CREEK FARM, INC 130.8462 A 40 LONG CREEK FARM, INC 250.0074 A 5 LONG CREEK FARM, INC 20.0074 A 47 LONG CREEK FARM, INC 73.2674 A 47A LONG CREEK FARM, INC 17.7474 A 48 LONG CREEK FARM, INC 14.2574 A 51 LONG CREEK FARM, INC 31.8674 A 52 LONG CREEK FARM, INC 44.0074 A 53 LONG CREEK FARM, INC 22.5074 A 65 LONG CREEK FARM, INC 249.8374 A 66 LONG CREEK FARM, INC 110.1574 A 75A LONG CREEK FARM, INC 20.50
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: October 12, 2022
PIN Owne r Acres61 A 132 LONG CREEK FARM, INC 79.2161 A 133 LONG CREEK FARM, INC 13.2562 A 35 LONG CREEK FARM, INC 130.8462 A 40 LONG CREEK FARM, INC 250.0074 A 5 LONG CREEK FARM, INC 20.0074 A 47 LONG CREEK FARM, INC 73.2674 A 47A LONG CREEK FARM, INC 17.7474 A 48 LONG CREEK FARM, INC 14.2574 A 51 LONG CREEK FARM, INC 31.8674 A 52 LONG CREEK FARM, INC 44.0074 A 53 LONG CREEK FARM, INC 22.5074 A 65 LONG CREEK FARM, INC 249.8374 A 66 LONG CREEK FARM, INC 110.1574 A 75A LONG CREEK FARM, INC 20.50
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Planning Commission
Agenda Item Detail
Meeting Date: January 18, 2023
Agenda Section: Public Hearings
Title: Establishment of a New Agricultural and Forestal District - North Frederick
Agricultural & Forestal District - (Mr. Cheran)
Attachments:
PC01-18-23EstablishmentofNorthFrederick_Redacted.pdf
14
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning Administrator
RE: Request to establish North Frederick Agricultural and Forestal District
Parcels 03-A-4, 03-A-27, 05-1-3, 05-1-4, 05-1-3A, 05-A-5, 05-A-6, 05-A-
10, 10-A-15, 06-A-10, 06-A-10B, 10-A-1, 10-A-31, 10-A-31A and 10-A-
31B.
DATE: January 10, 2023
Please find attached several forms to establish a new Agricultural and Forestal District to
be named North Frederick Agricultural and Forestal District. If created, this District
would be added to the renewal cycle for all Districts and would be valid until August 12,
2025. Currently, 1,961.86+/- acres are contained in this proposed district.
The proposed North Frederick District consist of 15 parcels totaling 1961.86+/- acres.
Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners
with the ability to request to add land to the Agricultural and Forestal District through a
public process via the local governing body.
The Agricultural District Advisory Committee (ADAC) considered this request during
their meeting on December 6, 2022. The ADAC unanimously recommended the creation
of North Frederick Agricultural and Forestal District that contains 15 parcels totaling
1,961.86+/- acres.
Staff will present mapping during the Planning Commission Meeting which delineates
the location of this acreage.
MRC/pd
15
2020-2025 AGRICULTURAL & FORESTAL DISTRICT
NORTH FREDERICK DISTRICT – PROPOSED NEW DISTRICT
Staff Report for the Planning Commission
Prepared: January 5, 2023
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Agricultural District Advisory Committee, Planning Commission, and the Board of
Supervisors to assist them in making a decision on this application. It may also be useful to
other interested in this matter.
Reviewed Action
Agricultural District Advisory Committee: 12/06/22 Recommended Approval
Planning Commission: 01/18/23 Pending
Board of Supervisors: 02/08/23 Pending
PROPOSAL: This is a request to create a new Agricultural and Forestal District “North
Frederick District” that totals 1,961.86+/-acres.
LOCATION AND SIZE: This proposed District is located within the Gainesboro Magisterial
District and is generally located 2.5 miles west of the intersection of North Frederick Pike (Route
522) along North Sleepy Creek Road (Route 734) and Bloomery Pike (Route 127). The proposed
District would consist of fifteen (15) parcels (03-A-4, 03-A-27, 05-1-3, 05-1-4, 05-1-3A, 05-A-5,
05-A-6, 05-A-10, 10-A-15, 06-A-10, 06-A-10B, 10-A-1, 10-A-31, 10-A-31A and 10-A-31B)
that totals 1,961.86 acres.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/18/23 PLANNING
COMMISSION MEETING:
This is a request to the Planning Commission to create the new North Frederick Agricultural and
Forestal District, comprising 1,961.86+/-acres. This District meets the intent of Chapter 43,
Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in
conjunction with the Comprehensive Plan. This creation provides an opportunity for the
agribusiness community to conduct long range planning efforts for the management of their
operations, while providing a reserve of agricultural land through the year 2025. If created, this
District would be added to the renewal cycle for all Districts and would be valid until August 12,
2025.
The Agricultural District Advisory Committee (ADAC) unanimously recommended
approval of the request to create a new Agricultural and Forestal District “North
Frederick” that totals 1,961.86+/- acres at their meeting on December 6, 2022. Ultimately,
the Board of Supervisors approves, approves with modifications, or denies the proposal to
establish or renew an Agricultural and Forestal District.
A recommendation from the Planning Commission to forward to the Board of Supervisors
would be appropriate.
16
Page 2
Proposed North Frederick District
January 5, 2023
REVIEW EVALUATIONS:
LOCATION AND SIZE: This proposed District is located within the Gainesboro Magisterial
District and is generally located 2.5 miles west of the intersection of North Frederick Pike (Route
522) along North Sleepy Creek (Route 734) and Bloomery Pike (Route 127). The proposed
District would consist of fifteen (15) parcels (03-A-4, 03-A-27, 05-1-3, 05-1-4, 05-1-3A, 05-A-5,
05-A-6, 05-A-10, 10-A-15, 06-A-10, 06-A-10B, 10-A-1 10-A-31, 10-A-31A and 10-A-31B) that
totals 1,961.86 acres.
AGRICULTURAL & FORESTAL SIGNIFICANCE: The proposed District consists of
approximately 90 percent forestry uses and 10 percent open space/pastures. The area within the
proposed District is rural in nature.
LAND USE: All parcels within the proposed District are currently zoned RA (Rural Areas)
Zoning District and contain agricultural and residential land uses. All surrounding properties are
also zoned RA (Rural Areas) District.
COMPREHENSIVE PLAN: The Comprehensive Plan of Frederick County provides guidance
when considering land use actions. The location of the proposed District lies outside the Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA) and is not part of any
land use plan or study by the County. The land use within the proposed District is agricultural
and residential and nature. The current land use should remain in its present condition with land
use woodland/open space.
The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s
economy and to maintain the rural character of areas outside of the Urban Development Area.
The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in
Agricultural and Forestal Districts. The Comprehensive Plan supports the renewal of the
proposed District for it provides an opportunity for the agribusiness community to conduct long
range planning efforts for the management of their operations, while providing a reserve of
agricultural land through the year 2025.
TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM: The County’s TDR
Ordinance as outlined in the Zoning Ordinance provides a bonus to properties located within an
Agricultural and Forestal District. If this District is created, it would qualify for double the
amount of density rights that could be transferred (1 Density Right =2 Dwelling Unit).
LAKES/PONDS/STREAMS: A portion of the proposed District lies within the Sleepy Creek
watershed and drainage area. This will further assist with managing the quality of the County’s
water resources. Water is available from ponds, wells, and springs.
TOPOGRAPHY: This proposed District is located along Great North Mountain. The
17
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Proposed North Frederick District
January 5, 2023
topography ranges from strongly and steeply sloping along Great North Mountain to rolling
along North Sleepy Creek Road and Bloomery Pike.
SOILS: The predominate type of soil for this area is Weiket-Gainesboro-Berks. The soil is
typically very steep and found on mountaintops, side slopes and ridges; these soils tend to be
well drained and consist of sandstone and shale. While the subject properties are primarily
forested, these soils are not classified as prime agricultural soils.
18
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: October 12, 2022
PIN Owner Acre s03 A 4 LEGACY FARM DESH LLC 244.5103 A 27 LEGACY FARM DESH LLC 362.6605 1 3 WALSH, PATRICK FRANCIS & KAREN ANN 38.2205 1 3A WALSH, PATRICK FRANCIS & KAREN ANN 10.0005 1 4 WALSH, PATRICK FRANCIS & KAREN ANN 25.6205 A 5 GANO, TIMOTHY A 114.8905 A 6 GANO, TIMOTHY ALV IN 302.5805 A 10 MOUN TS, VICKY GANO 52.2606 A 10 GANO, TIMOTHY A 89.2306 A 10B BRUMBACK, BETSY GANO 89.1910 A 1 GANO, TIMOTHY ALV IN 169.0010 A 15 GODLOV E, PHENA GANO & RUSSELL K 129.2510 A 31 GANO, TIMOTHY A 311.4110 A 31A GANO, TIMOTHY A 6.0010 A 31B MOUN TS, VICKY G 17.04
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Planning Commission
Agenda Item Detail
Meeting Date: January 18, 2023
Agenda Section: Public Hearings
Title: Establishment of a New Agricultural and Forestal District - White Hall Agricultural
& Forestal District - (Mr. Cheran)
Attachments:
PC01-18-23EstablishmentofWhiteHall_Redacted.pdf
35
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning Administrator
RE: Request to establish White Hall, Agricultural and Forestal District Parcels
22-A-58, 22-A-63, 22-A-64, 22-A-65, 23-A-3, 23-A-4 and 32-A-68A
DATE: January 10, 2023
Please find attached a form from DTS, LLC., dated October 25, 2022. DTS, LLC., has
requested to propose a new district called White Hall. If created, this proposed District
would be added to the renewal cycle for all Districts and would be valid until August 12,
2025. Currently, 974.30+/- acres are contained in this proposed district.
DTS, LLC., desire to establish a new district containing seven parcels totaling 974.30+/-
acres. Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property
owners with the ability to request to add land to the Agricultural and Forestal District
through a public process via the local governing body.
The Agricultural District Advisory Committee (ADAC) considered this request during
their meeting on December 6, 2022. The ADAC unanimously recommended the creation
of White Hall Agricultural and Forestal that contains seven parcels totaling 974.30+/-
acres.
Staff will present mapping during the Planning Commission Meeting which delineates
the location of this acreage.
MRC/pd
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
36
2020-2025 AGRICULTURAL & FORESTAL DISTRICT
WHITE HALL DISTRICT – PROPOSED NEW DISTRICT
Staff Report for the Planning Commission
Prepared: January 5, 2023
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Agricultural District Advisory Committee, Planning Commission, and the Board of
Supervisors to assist them in making a decision on this application. It may also be useful to
other interested in this matter.
Reviewed Action
Agricultural District Advisory Committee: 12/06/22 Recommended Approval
Planning Commission: 01/18/23 Pending
Board of Supervisors: 02/08/23 Pending
PROPOSAL: This is a request to create a new Agricultural and Forestal District “White Hall
District” that totals 974.30+/-acres.
LOCATION AND SIZE: This proposed District is located within the Gainesboro Magisterial
District and is generally located Wright Road (Rt. 661) and Apple Pie Ridge Road (Rt.739). The
proposed District would consist of seven (7) parcels (22-A-58, 22-A-63, 22-A-64, 22-A-65, 23-
A-3, 23-A-4 and 32-A-68A) that total 974.30+/- acres, managed by one (1) property owner.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/18/23 PLANNING
COMMISSION MEETING:
This is a request to the Planning Commission to create the new White Hall Agricultural and
Forestal District, comprising 974.30+/-acres. This District meets the intent of Chapter 43,
Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in
conjunction with the Comprehensive Plan. This creation provides an opportunity for the
agribusiness community to conduct long range planning efforts for the management of their
operations, while providing a reserve of agricultural land through the year 2025. If created, this
District would be added to the renewal cycle for all Districts and would be valid until August 12,
2025.
The Agricultural District Advisory Committee (ADAC) unanimously recommended
approval of the request to create a new Agricultural and Forestal District “White Hall”
that totals 974.30+/- acres at their meeting on December 6, 2022. Ultimately, the Board of
Supervisors approves, approves with modifications, or denies the proposal to establish or renew
an Agricultural and Forestal District.
A recommendation from the Planning Commission to forward to the Board of Supervisors
would be appropriate.
37
Page 2
Proposed White Hall District
January 5, 2023
REVIEW EVALUATIONS:
LOCATION AND SIZE: This proposed District is located within the Back Creek Magisterial
District and is generally located 2.5 miles west of the intersection of Route 50 and Hayfield Road
(Route 600). The proposed District would consist of five (5) parcels (22-A-58, 22-A-63, 22-A-
64, 22-A-65, 23-A-3, 23-A-4 and 32-A-68A) that total 974.30+/- acres, managed by one (1)
property owner.
AGRICULTURAL & FORESTAL SIGNIFICANCE: The proposed District consists of
approximately 70 percent forestry uses and 30 percent open space, pasture, and orchard. The area
within the proposed District is rural in nature.
LAND USE: All parcels within the proposed District are currently zoned RA (Rural Areas)
Zoning District and contain agricultural and residential land uses. All surrounding properties are
also zoned RA (Rural Areas) District.
COMPREHENSIVE PLAN: The Comprehensive Plan of Frederick County provides guidance
when considering land use actions. The location of the proposed District lies outside the Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA) and is not part of any
land use plan or study by the County. The land use within the proposed District is agricultural
and residential and nature. The current land use should remain in its present condition with land
use agriculture and residential.
The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s
economy and to maintain the rural character of areas outside of the Urban Development Area.
The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in
Agricultural and Forestal Districts. The Comprehensive Plan supports the renewal of the
proposed District for it provides an opportunity for the agribusiness community to conduct long
range planning efforts for the management of their operations, while providing a reserve of
agricultural land through the year 2025.
TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM: The County’s TDR
Ordinance as outlined in the Zoning Ordinance provides a bonus to properties located within an
Agricultural and Forestal District. If this District is created, it would qualify for double the
amount of density rights that could be transferred (1 Density Right =2 Dwelling Unit).
LAKES/PONDS/STREAMS: A portion of the proposed District lies within the head waters of
Sylvan Springs Run and drainage area. This will further assist with managing the quality of the
County’s water resources.
TOPOGRAPHY: This proposed District is located along Great North Mountain, west of Route
81. The topography ranges from steeply sloping along Great North Mountain to rolling along
38
Page 3
Proposed White Hall District
January 5, 2023
Wright Road.
SOILS: The predominate types of soil for this area are Hazleton and Laidig-Weikert. Both soils
are typically strongly sloping to very steep and found on mountaintops, side slopes and ridges;
these soils tend to be well drained and consist of sandstone, quartzite, and shale. While the
subject properties are primarily forested, these soils are not classified as prime agricultural soils.
39
23 A 4
23 A 4
23 A 3
23 A 3
32 A 68A
32 A 68A
22 A 58
22 A 63
22 A 64
22 A 65
KRYNNWAYELFWAYC O R TLA N DCIR
G R EE NSPRING D R
CEDARHILL RD
MARALN
MACBETHLNWINESAPCT
CAMEOTER
R
O
M
ED
R
HILDADR
TUSCARORARD
MEMORYLNSTAYMAN DRFROGHOLLOW RDFARRISLNORCHARDDALE DRSPARTANCTBALDWIN CIR
SYLVANSPRINGS DR
H
A
RRELS
O
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PL
WELLTOWNRDGREENSPRING RD WHITE HALL RDCRISPIN TRLGRANDVIEWLNAPPLE PIE RIDGE RDPO N Y PA TH LN
R E S T C H U R C H R DWRIGHT RDEstablishment
Pa rce ls
2020-20 25 Wh ite Hall EstablishmentAgricultural & Forestal District
I 0 0.3 0.60.15 Miles
Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: October 27, 2022
PIN Owne r Acre s22 A 58 WHITE HALL ORCHARD 204.0022 A 63 WHITE HALL ORCHARD 38.9722 A 64 B D K LIMITED 124.2922 A 65 DTS PROPERTIES, LLC 152.2523 A 3 DTS, LC 130.7323 A 4 SOLENBERGER, C ROBERT 301.5032 A 68A WHITE HALL ORCHARD 22.56
40
41
42
43
Planning Commission
Agenda Item Detail
Meeting Date: January 18, 2023
Agenda Section: Public Hearings
Title: South Timber Ridge Agricultural & Forestal District Addition - (Mr. Cheran)
Attachments:
PC01-18-23AdditionSouthTimberRidge_Redacted.pdf
44
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning Administrator
RE: Request to Add Parcels 37-A-47, 37-A-58, 37-A-59, 37-A-60, 37-A-63
and 37-A-65 owned by CKW Rentals, LLC to the South Timber Ridge
Agricultural and Forestal District.
DATE: January 10, 2023
Please find attached a form from CKW Rentals, LLC., dated October 11, 2022. CKW
Rentals, LLC., has requested to six parcels to the South Timber Ridge Agricultural and
Forestal District. The South Timber Ridge Agricultural and Forestal District was
established in 1980. The most recent renewal of this district occurred on September 9,
2020 for a period of five years. Currently, 981.08+/- acres are contained in this district.
CKW, LLC., desire to add six parcel totaling 189.86+/- acres to the South Timber Ridge
Agricultural and Forestal District. Section 15.2-4314 of the Code of Virginia, 1950, as
amended, provides property owners with the ability to request to add land to the
Agricultural and Forestal District through a public process via the local governing body.
The Agricultural District Advisory Committee (ADAC) considered this request during
their meeting on December 6, 2022. The ADAC unanimously recommended that six
parcels totaling 189.86+/- acres to be added to the South Timber Ridge Agricultural and
Forestal District. The addition of the 189.86+/- acres will increase the South Timber
Ridge Agriculutral and Forestal District to 1,170.94+/- acres.
Staff will present mapping during the Planning Commission Meeting which delineates
the location of this acreage and its proximity to other land within the South Timber Ridge
Agricultural and Forestal District.
MRC/pd
45
2020-2025 AGRICULTURAL & FORESTAL DISTRICT
SOUTH TIMBER RIDGE DISTRICT ADDITION
Staff Report for the Planning Commission
Prepared: January 5, 2023
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Agricultural District Advisory Committee, Planning Commission, and the Board of
Supervisors to assist them in making a decision on thi s application. It may also be useful to
other interested in this matter.
Reviewed Action
Agricultural District Advisory Committee: 12/06/22 Recommend Approval
Planning Commission: 01/18/23 Pending
Board of Supervisors: 02/08/23 Pending
PROPOSAL: To add an additional six (6) parcels with a total of 189.86+/- acres to the South
Timber Ridge Agricultural and Forestal District.
LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and
currently contains seventeen (17) parcels with a total of 981.08+/- acres. The addition of six (6)
parcels 37-A-47, 37-A-58, 37-A-59, 37-A-60, 37-A-63 and 37-A-65 of 189.86+/- acres will have
a total of 1,170.94 +/- acres managed by one (1) property owner. It is generally located along
Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route
708) to the east. The District would contain 1,170.94+/- acres.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/18/23 PLANNING
COMMISSION MEETING:
This is a request to the Frederick County Planning Commission to update and renew the South
Timber Ridge Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of
Virginia, 1950, as amended, requires that these Districts be reviewed by the local government
every five years after establishment.
These proposed additions to the District meet the intent of Chapter 43, Section 15.2-433 of the
Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035
Comprehensive Plan. The additions provide an opportunity for the agribusiness community to
conduct long range planning efforts for the management of their operations, while providing a
reserve of agricultural land through the year 2025. The Agricultural District Advisory
Committee (ADAC) unanimously recommended approval of the 189.86+/-acre addition to
the 2020-2025 South Timber Ridge Agricultural and Forestal District at their meeting on
December 6, 2022. Ultimately, the Board of Supervisors approves, approves with modifications,
or denies the proposal to establish or renew an Agricultural and Forestal District.
A recommendation from the Planning Commission to forward to the Board of Supervisor
would be appropriate.
AGRICULTU
RAL &
FORESTAL
DISTRICT
UPDATE
46
Page 2
2020-2025 Agricultural and Forestal District Update
South Timber Ridge Agricultural and Forestal District Addition
January 5, 2023
REVIEW EVALUATIONS:
LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and
currently contains seventeen (17) parcels with a total of 981.08+/- acres. The addition of six (6)
parcels of 189.86+/- acres will have a total of 1,170.94 +/- acres managed by one (1) property
owner. It is generally located along Hollow Road (Route 707) to the north, Muse Road (Route
610) and Gold Orchard Road (Route 708) to the east. The District would contain 1,170.94+/-
acres.
AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the
District are 90 percent agriculture, orchard, and crop harvesting) and 10 percent open
space/woodlands. The area within the District is rural in nature.
LAND USE: All parcels within the proposed District are currently zoned RA (Rural Areas)
Zoning District and contain agricultural and residential land uses. All surrounding properties are
also zoned RA (Rural Areas) District.
COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County provides
guidance when considering land use actions. The location of the District lies outside the Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA) and is not part of any
land use plan or study by the County. The land use within the District is agricultural and
residential and nature. The current land use should remain in its present condition with land use
of orchards, agricultural, and residential.
The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s
economy and to maintain the rural character of areas outside of the Urban Development Area.
The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in
Agricultural and Forestal Districts. The Comprehensive Plan supports the renewal of the District
for it provides an opportunity for the agribusiness community to conduct long range planning
efforts for the management of their operations, while providing a reserve of agricultural land
through the year 2025.
TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM: The County’s TDR
Ordinance as outlined in the Zoning Ordinance provides a bonus to properties located within an
Agricultural and Forestal District. If this District is created, it would qualify for double the
amount of density rights that could be transferred (1 Density Right =2 Dwelling Unit).
LAKES/PONDS/STREAMS: The District lies primarily within the Gainesboro drainage area.
The District will further assist with managing the quality of the County’s water resources.
47
Page 3
2020-2025 Agricultural and Forestal District Update
South Timber Ridge Agricultural and Forestal District Addition
January 5, 2023
TOPOGRAPHY: The District generally varies from rolling hills to ridges to the north, west,
south, and east. The District lies within the Gainesboro watershed and water is available from
ponds, wells and springs.
PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within
the District is Weikert-Gainesboro-Berks. With slopping and well drained soils with good
subsoil
48
¬«259 ¬«259
37 A 65
37 A 47
37 A 58
37 A 59
37 A 6037 A 63GOLDORCHARD RDFINGERLAKES CT
BURLEY LN
PARTRIDGE LNBACK CREEK RDCLINE DR
C A R P E R S P IK E
Ad dition
Pa rce ls
2020-20 25 South Timber Ridge AdditionAgricultural & Forestal District
I 0 0.1 0.20.05 Miles
Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: December 12, 2022
PIN Owner Acres37 A 47 CKW RENTALS LLC 68.5837 A 58 CKW RENTALS LLC 5.0737 A 59 CKW RENTALS LLC 3.7037 A 60 CKW RENTALS LLC 0.9737 A 63 CKW RENTALS LLC 23.2637 A 65 CKW RENTALS LLC 88.28
49
¬«259
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C A R P E R S P IK EMUSE RDHAMPSHIRE C OUNTYWEST VIRGINIA
2020-20 25 South Timber Ridg eAgricultural & Forestal District
District Acreage: 1,170.94 Ac.I 0 0.25 0.50.1 25 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: November 29, 2022
37 A 4737 A 5837 A 5937 A 6037 A 6337 A 65189.86 Acre Addition
50
51
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53
54
Planning Commission
Agenda Item Detail
Meeting Date: January 18, 2023
Agenda Section: Information/Discussion Item
Title: Ordinance Amendment - OM Park District - (Mr. Klein)
Attachments:
PC01-18-23Ordinance Amendment_OMParkDistrict.pdf
55
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – OM Office-Manufacturing Park District
DATE: January 3, 2023
Proposal:
This is proposal to amend the OM (Office-Manufacturing) Park District to address stated concerns
regarding the implementation of the zoning district and to better implement the Economic Development
Authority’s (EDA) targeted industries. This proposal includes amending the district name to “Technology-
Manufacturing Park District (TM),” adding additional uses, and reducing required design standards. 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 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 in practice.
Conclusion and Requested Action:
The DRRC discussed this item on September 28, 2022, and November 21, 2022, and recommended
additional revisions which have been incorporated. The primary discussion among DRRC members was
the “Allowed Use” list. The DRRC did not achieve consensus on the proposed changes with some DRRC
members expressing comments on if the district should remain in the Zoning Ordinance at all.
The attached document shows the existing ordinance with the proposed changes as drafted by Staff. Staff
is seeking comments from the Planning Commission to forward to the Board of Supervisors for
discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in track changes.
2. Revised ordinance clean copy.
3. Current ordinance standard (unaltered)
56
:1
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 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, 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]
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
Formatted: Not Highlight
Formatted: Highlight
57
:1
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 ptPaperboard 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
Commented [TK1]: New - defense contracting potential
58
:2
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 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, 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 -
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
59
:2
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 ptFlex-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
60
:3
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 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 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 -
Formatted: Highlight
Commented [TK2]: Updated per Wyatt 11/22/2022
Formatted: Highlight
Formatted: Highlight
Formatted: Indent: Left: 0"
61
:3
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 ptfootage (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:
62
:4
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 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 shall be
faced on all sides with durable, attractive 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]
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Highlight
Formatted: Highlight
63
:4
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 2022
Formatted: Font: 10 pt
Formatted: Font: 10 ptD. 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. Formatted: Highlight
Formatted: Highlight
64
:1
Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 2022
§ 165-605.01 § 165-605.02
PART 605
TM Technology-Manufacturing District
[Added 12-10-2008, Amended 2022]
§ 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; 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
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Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 2022
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
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Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 2022
§ 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
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Proposed Changes – OM Office-Manufacturing Park District
Revised November 22, 2022
§ 165-605.03 § 165-605.03.1
§ 165-605.03. Secondary or accessory uses. [Amended 11-18-2009; 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 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,
attractive 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.
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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
72
Planning Commission
Agenda Item Detail
Meeting Date: January 18, 2023
Agenda Section: Other
Title: Current Planning Applications
Attachments:
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