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053-10Action: BOARD OF SUPERVISORS: February 24, 2010 � APPROVED ❑DENIED RESOLUTION llIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE VII — OVERLAY DISTRICTS PART 703 — HA HISTORIC AREA OVERLAY ZONE 165- 703.04 GENERAL REGULATIONS 165 - 703.05 GUIDELINES FOR NEW CONSTRUCTION OR ALTERATIONS �- 165- 703.06 ADMINISTRATION WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165, Zoning concerning the HA Historic Area Overlay Zone to include amendments to the general regulations, the addition of guidelines for construction or alterations, and additions to the administration section. WHEREAS, the Historic Resources Advisory Board (HR.AS) recommended approval of this amendment on September 15, 2009; and WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment on October 22, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on December 2, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165, Zoning concerning- the HA Historic Area Overlay Zone to include amendments to the general regulations, the addition of guidelines for construction or alterations, and additions to the administration section and forward a recommendation to the Board of Supervisors. �����, T �E�;l"���, �>i✓ t�' 1���1J1✓ s1>J1� by the Frederick County Board c� Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning concerning the HA Historic Area ®verlay Zone to include amendments to the genera[ regulations, the addition of guidelines for construction or alterations, and additions to the administration section and forward a recommendation to the Board of Supervisors. Passed this 24th day of February, 2010 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman N —� Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. ` -Aye Christopher E. Collins BOS Res. ��053 -10 Aye A CO ATT T i Jo -. �2iley, Jr. Frederick County Administrator This Proposed Amendment was Discussed at the January 13, 2010 Board Muting and Postponed for 30 Days. To Be Back to Board at February 10, 2010 Meeting which was Canceled Due to Snow Storm. To Board at February 24, 2010 Meeting. ������ s. _ ., .F _. � .._- - - To: Frederick County Board of Supervisors �S i . i�� From: Candice E. Perkins, AICP, Senior Planner �� � �OI31�T'I`� of )li'113)�JI�IC� Depar-trneret ol• Planr�irg zr�d j���✓€�loprrrEn<_ S�ti/ 665 -5651 �'��: 5� ©/ 665 -6395 Subject: Discussion- HA Iiistaric Area Overlay Zone Date: February 2, 2010 At the Board of Supervisors December 9, 2009 meeting, revisions to the HA Historic Area Overlay Zone (HA Zane) were discussed; the proposed revisions included amendments to the general regulations, the addition of guidelines for construction or alterations, and additions to .the administration section. The primary change to the HA Zone is the introduction of the proposed construction guidelines. These guidelines address the historical era, scale of the project, screening of mechanical equipment and dumpsters, signage, and provides for more flexible parking standards. During the Board of Supervisors discussion, concerns were raised about the level of control the Historic Resources Advisory Board (HRAB) was provided, and in some cases felt the existing ordinance granted the HRAB with too much control over the development of properties within the HA Zone. In an effort to clarify the HRAB's involvement with the HA Zone, staff has outlined the HRAB' "s duties, which are as follows: • The HRAB is tasked with approving the compatibility of construction, reconstruction or significant alterations to structures within the HA Zone. If proposals are deemed compatible the HRAB issues a certificate of appropriateness for the development. The HRAB may impose restrictions for the purpose of preventing development incompatible with the historic aspects of the area. • The HR.AB is tasked with reviewing proposals to demolish contributing structures with the HA Zone. If deemed appropriate to demolish a structure, the HRAB will issue a certificate of appropriateness. • The HR.AB is tasked with reviewing proposals to relocate landmarks or structures within the HA Zone. If the relocation is deemed appropriate, the HR.AB will issue a certificate of appropriateness. • The HRAB is tasked with reviewing the permitted uses within the HA Zone. Generally the permitted uses follow the underlying zoning district, unless further restricted by the HRAB and then adopted by the Board of Supervisors. • The HRAB must review all proposed development within the HA Zone. The HA Zone is a voluntary zone and there is currently only one area in the County with this overlay. It should be noted that while the HRAB does have a large amount of involvement within the HA Zone, the Board of Supervisors does have the ultimate control as specified. in the Administration portion of the ordinance (& 165 - 703.061. If the HR.AB were to disapprove any application to construct, alter, relocate or demolish a site within the HA Zone, the applicant has the ability to appeal_ that denial to the Board of Supervisors. The Board could choose to agree with the HRAB's denial or overturn the denial and approve the request. 107 North Kent Street, Suite 202 R'inchester,_Virginia 22601 -5000- Frederick County Board of Supervisors _ Re: HA Historic Overlay Zone � - - ' Page 2 February 2, ?O1� Background . This HA Zone was adopted by the Board of Supervisors in November of 1991. This district was intended _to enhance and aid in the preservation and protection of historic- resources in the County. The current overlay zone contains criteria. for establishing districts (rezoning process), criteria for determining historic significance, general regulations (revisions to be approved. by the HRAB, demolition, sale) and administration... The current HA Zone does not contain arty design criteria for development or alterations and, therefore, any landscaping, parking and the like would have to follow the regulations of the underlying zoning district. In 1995; a set of guidelines for new construction . within the overlay zone was presented to the Board of Supervisors. ..These guidelines were not approved because it was felt they were too specific and, to date, no other .changes have been - proposed to the HA Zone. - Staff is now' proposing revisions to the HA: Zone to address certain design elements for new construction within the zone, as well as other minor updates -and revisions. Specifically, the revisions and additions include: revisions to the general regulations, addition of guidelines for construction or alterations, and additions to the administration section. The HRAB reviewed this .ordinance amendment at their September 15, 2009 meeting_ The HRAB requested minor changes to the ordinance at the meeting_ Those: changes were made and sent out to the group, and the changes were then endorsed_ The item was then presented to the Development Review and Regulations Committee (DRRC) at their meeting on October 22, 2009. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The �- Planning Commission discussed the changes at their meeting on December 2, 2009. The Planning Commission agreed with the proposed amendment and recommended that the changes be forwarded to the Board of Supervisors for discussion. The attached document shows the existing ordinance wish the proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion. Staff is seeking direction from the Soard of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are shown with a strikethrough. 2. Resolution. CEP/bad ARTICLE �Fll C6;ER�AY t3Et E RICE w Part 7C�3 — HA Historic Are�c �vErlay Z€�ne § 165- 703.01 Intent. D�RC Endorsed 1� /ZZ�2DQ9 �c Endorsed �� /z /�c�►s The HA Historic Area C >verfay Zone is intended to protect, enhance and aid in the perpetuation of especially noteworthy examples or elements of Frederick County's cultural, social, economic, religious, political, agricultural, military, industrial or architectural history in order to: A. Foster civic pride and an appreciation far historic values. B. Maintain and improve property values by providing incentives for upkeep and rehabilitation. C. Protect and enhance the County's attractiveness to tourists and visitors. D. Provide far the education and general welfare of the people of the County. E. Encourage nomination of qualified historic properties to the state and national registers. § 165- 703.02 Establishing overlay boundaries. HA Zones may be created by amending the Zoning Chapter as provided for in Article I of this chapter. Following a public hearing, the Historic Resources Advisory Board (HRAB) may initiate a proposal to -the Planning Commission and the Board of Supervisors for amendments, including the establishment of HA Zones and the revision of existing HA Zones. A proposal far such amendments) may also be submitted by residents of an area that wish it to be designated as an historic area. A. The HRAB or applicant shall submit a report to support the proposed amendment. The report shall suggest the historic boundaries as well as describe the historic and /or architectural significance of the buildings, structures or sites to be protected, current planning affecting the area, present development trends and conditions in the area and the public objectives #or preservation. B. A public hearing shall be held by the Board of Supervisors prior to adoption of a proposed zone. Notice shall be sent to all property owners within the boundaries of the proposed zone, indicating the time and place of the public hearing. The notice shall also state that residents may express their opposition to the proposed district in writing. The Board of Supervisors shall after the boundaries of the proposed zone to exclude those property owners expressing opposition. C. Any area to be designated as an HA Zane shall in fact include landmarks, buildings, structures or sites determined to be of historical and /or architectural significance. All stated recommendations of the HRAB which supplement or modify the general regulations of this article .may be adopted by the Board of Supervisors and applied to the zone created. D. At the time an overlay zone is established, the Board of Supervisors may create an additional position and appoint a member to the HRAB. The member appointed shall be the owner of property within the newly established zone and shalt serve a term of two years: B. Historic and /or cultural significance. 1) Association with historic person 2) Association with historic events. 3) Work of leading architect or master craftsman. 4) Site or structure of cultural significance. C. Additional information. I�RRC Er�c�€arsed 10�2Z /�O�s 1sC EncE�rsed 1��2�Za€?s J) � =,n anlfysis of lands not ccr_��pied by structures, including lands near znd �.iisuaify related to the. district. Far public lands, ownership, use and location shall be indicated_ For private (ands, assessed valuation shall be added as well as existing zoning and planned land use. 4) Recommendations concerning supplemental regulations to be applied to the historic area under consideration for the purpose of preventing changes which are incompatible. with the buildings, structures or sites to be preserved. Such regulations may include permitted and prohibited principal and accessory uses arid structures, minimum lot and yard requirements, maximum lot coverage by all buildings, maximum height of structures, off - street parking and loading requirements, control of signs and exterior illumination and the control of significant exterior alterations to existing buildings. § 165- 703.04 general regulations. Within the Historic Area Overlay Zone, these regulations shall apply: A. New construction, reconstruction and significant exterior alterations. No building or structure, including signs, shall be erected, reconstructed or substantially altered in exterior appearance unless the HRAB approves of the proposed activity's compatibility with the historic, cultural and /or architectural aspects of the zone and issues a certificate of appropriateness. A!l requests for construction, reconstruction and significant exterior alterations presented to the KRAB shall be in conformance with § ��5- 703.05 Guidelines for new construction and alterations. B. Matters to be considered in passing upon the appropriateness of construction, reconstruction or significant exterior alteration of buildings or structures by the HRAB. The HRAB shall not consider interior alterations and shall only impose restrictions for the purpose of preventing development incompatible with the historic `— aspects of the area. C. The HRAB shall consider the Secretary of the Interior's Standards for Rehabilitation and the following in evaluating the appropriateness of architectural features: (1) The extent to which the proposed action will affect the overall character and continuity of the area. (2) Whether elements of the general design, such as scale, height and proportion of the proposed work are visually compatible with the surrounding area. (3) Whether the texture and materials proposed are compatible with existing structures in the area. D. Demolition. No contributing building or structure within any HA Zone shall be demolished or removed, until a certificate of appropriateness is issued by the HRAB.. The demolition or removal of a noncontributing structure may be authorized by the Zoning Administrator. E. Matters to be considered in determining whether to grant a permit for razing or demolition. The HRAB shall consider any and all of the following criteria: 1) ��� ��+ +� ,� �^ a ^ +- �^� ^ ^ + ^� +^ *�� ^��'���� � ^ + ° - °� *� Is the historic resource of such architectural. cultural or historical interest that its removal would be detrimental to the public interest? 3 - _ _ DRRC Endorsed 10 /22/2009 ^ . - PC Endorsed_ Z2/2/20Q9 _ - Z) Could the building -only be reprod�sced at.great expense ac difficulty due to its unique or unusual texture, ':. - material or design? 3) Would demolition of the structure result in the loss of a significant historicp (ace ar resource in Frederick - County? _ �: F: Offer for safe- The owner of a building, structure or site in a historic. district. shall, by right, be entitled to demolish the same; provided that _ 1) The property owner has applied for a demolition permit- - 2) The property owner has made a bona fide offer to sell the structure and land on which it is located to an _ _ individual or group which makes reasonable assurances that it will preserve the landmark. The property shall be offered at a price reasonably related to its fair market value as determined by an independent appraisal for the period established by the schedu{e below:: � ; Time Period (months) . � Asking Price 3 Less than $25,000 4 � � Between $25,000 and $40,000 5 Between $40,000 and $55,000 6 Between $55,000 -and $75,000 7 - . Between $75,000 and $90,000 12 Over $90,000 G. Hazardous buildings or structures can be demolished without consideration by HRAB with written approval of the Zoning Administrator, stating the conditions which justify the demolition. H. Moving or relocation. No landmark, building or structure within a district shall be removed or relocated if the move would be detrimental to the public interest or the historic integrity of the structure unless approved by the HRAB. I. Uses permitted. Within'the Historic Area Overlay Zone, general regulations and permitted uses shall be the same as provided within the respective underlying zoning districts except where such regulations are modified or amended by recommendation of the HRAB and adoption ofthe Board of Supervisors. J. Exceptions. Where the strict interpretation of these regulations creates an undue hardship, the HRAB may make recommendations for reasonable.exemptive relief. €�C f= nd€�rsed ZZ %2�iZaQ9 § 165 -Z03 05 guidelines f€sr new construction or afteraticrns. � �1ew cansEructic�r< should srrec�: of tf-�e historic€�f erc vfithin the particc� far %�A Civerlay Zone a��d sf-�ouica` not seek to repficate or reproduce existing features but complement fire existinci historic architecture and character Franchise drehitecture should be avoided in FfA Eiverlay Zones. All new construction should protect and preserve signifrcant areheolocfical resources. The HRAB mgv use reas ©noble discretion in determining an applicant's degree of compliance as long as a proposed design is consistent with the purpose and intent of the HA Zane. e. filew construction should maintain a height and scale which is compatible with adjacent buildings and other existing structures in the historic area. C {terns such as mechanical equipment meters transformers HVAC equipment and dumasters should be visually screened from public view. D Freestanding signoge shall conform to the requirements of X165- 201.06. Waf! mounted signs shall be limited to twenty feet in height above grade and only one building mounted sign not to exceed fifty (50) square feet shall be permitted per building face. E Parking areas should be designed to maintain the integrity of an area's historic nature by minimizing the dominance of the automobile and reducing the visual impact of parking areas_ Parking areas should be placed as to not de- emphasize the main structures in the HA Overlay Zone. Parking areas within an HA Zone shall conform to the parking space and landscaping requirements of 4 165- 202.01 but shall not be subject to the surface materials and curbs and gufters requirements. Parking areas within HA Zones shall be permitted to utilize brick pavers reinforced gravel systems or similar materials so long as a dust -free environment is maintained Parking surfaces comprised solely of unfortifred grass areas are not �- acceptable. § 165 -703: 06 Administration. A. Zoning Administrator. Thy Zoning Administrator shall not authorize a permit for any erection, reconstruction, significant exterior alteration, demolition or razing of a building, structure or site in the HA Historic Area Overlay Zone until the same has been approved and a certificate of appropriateness issued by the HRAB, following the procedures set forth below. B. Upon receipt of an application for such a permit in the Historic Area Overlay Zone, the Zoning Administrator shall follow the procedures below: 1) A copy of the application for such a permit, together with a copy of the site plan and the building plans and specifications filed by the applicant shall be forv�arded to the HRAB. 2) A file of all such applications and related materials shall be maintained. C. Materials to be submitted for review. Twelve copies of all materials prepared in relation to the application shall be submitted by the applicant. The Zoning Administrator or the HRAB may require submission of any or all of the following: architectural pi�ans, site plans, landscaping plans, design for proposed signs with appropriate detail as to character, proposed exterior fighting arrangements, elevations of all portions of structure with important relationships to public view (with indications as to visual construction materials,: 5 . - - . . ,. ,: s ., _ t ,. _ . - � � . ` DRRC Cndorsed 10 %ZZjZ009 ' _ .. PC Endorsed 1Z /Z /20Q9 design of doors and windows and .relationships to adjoining structures) and such atiier exhibits :and reports ' -: as are necessary for these- determinations. D: Fees. The Board of Supervisors- shall establish a schedule of fees:.for the submission and review :af an :application far a certificate of appro,priateness.: E. Other approvals required. fn any case in which a.n applicant's proposal also requires the approval of the. Board of Zoning Appeals, approval by the Board of Zoning Appeals shall, be obtained prior to action by the HRAB. F. Action of the Historic Resources Advisory Board. 1. The HRAB shall return, v✓rthin 60 days after submission of the application, its decision concerning granting a certificate of appropriateness for the. election, reconstruction, significant exterior alteration,. restoration, razing or demolition or relocation of all. or part of .any building within the HA Zone. .The HRAB shall apply the following criteria for its evaluation of anv applicationr � - . a) Risk of substantial alteration of the exterior features of a historic resource.. - bJ Compatibility in character and nature with the historic architectural or cultural # eatures of the historic overlay district _ c) Exterior architectural features, including all signs. dJ General design scale and arrangement. , . eJ Texture and material. . fJ The relationship of the size design and siting of anv new or reconstructed structure to the landscape of the district. (1.2� If the HRAB grants a certificate of appropriateness, it shall authorize the Zoning Administrator to issue a permit for the work specified in the application. if the HRAB disapproves the application, the reasons shall be stated in writing and forwarded to the applicant, and the Zoning Administrator shall disapprove the application for the required permit. The disapproval shall indicate what changes in the plans and specifications would enable the proposal to meet the conditions for protecting and preserving the historical character of the HA Zone. If the applicant determines that he will make the suggested changes, he shall so advise the HRAB in writing, which shall act accordingly. , �� In the case of disapproval, the application shall. not be resubmitted for consideration until 12 months have elapsed from the date of disapproval unless the indicated changes in p {ans and specifications have been incorporated into the reapplication. The applicant may appeal the disapproval to the Board of Supervisors.