Loading...
050-10Action; BOARD OF SUPERVISORS: 3anuary 13, 2010 ❑ APPROVED ❑DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE VII — OVERLAY DISTRICTS PART 703 — HA HISTORIC AREAS OVERLAY ZONE 165- 703.04. GENERAL REGULATIONS; 165- 703.OS GUIDELINES FOR NEW CONSTRUCTION OR ALTERATIONS; 165- 703.06. ADMINISTRATION WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning —for revisions concerning design .elements for new construction and minor updates to the HA Historic Areas Overlay Zone. 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 — for revisions concerning design elements for new construction and minor updates to the HA Historic Areas Overlay Zone. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning —for revisions concerning design elements for new .;construction and minor updates to the HA Historic Areas Overlay Zone, and forward a recommendation to the Board of Supervisors. Passed this 13th day of January, 2010 by the following recorded vote: -- This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary W. Dove Gene E. Fisher Christopher E. Collins Resolution ��050 -10 (BOARD DISCIISSED AND POSTPONED FOR 30 DAYS) Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John. R. Riley, Jr. Frederick County Administrator MEM0�2ANDUM To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner (!k,� Subject: Discussion— HA Historic Area Overiay Zone Date: January 4, 2010 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 This Historic Area Overlay (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 cun•ent 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 overlay zone does not contain any 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 Historic Resources Advisory Board (HRAB) reviewed this ordinance amendment at their September l5, 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 Plaxming 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 with 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 Board 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 107 North Kent Street, Suite 202 � Winchester, Virginia 22601 -5000 ARTICLE VII OVERLAP DISTRICTS Part 703 — HA Historic Area Overlay Zone § 165 - 703.01 Intent. DRRC Endorsed 1t�/22/2009 PC Endorsed 12/2/2009 The HA Historic Area Overlay Zone is intend d to protect, enhance and aid in the perpetuation of especially noteworthy examples or elements of Fre Brick County's cultural, social, .economic, religious, political, agricultural, military, industrial or architectur I history in order to: A. Foster civic pride and an appreciation for B. Maintain and improve property values by C. Protect and enhance the County's c values. ng incentives for upkeep and rehabilitation. to tourists and visitors. D. Provide for the education and general welt�are of the people of the County. E. Encourage nomination of qualified historic § 165 - 703.02 Establishing overlay rties to the state. and national registers. HA Zones may be created by amending the Zoning Chapter as provided for in Article l of this chapter. Following a public hearing, the Historic Resources Ad isory 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 for uch amendments) may also be submitted by residents of an area that wish it to be designated as an historic are . A. The HRAB or applicant shall submit a rep rt to support the proposed amendment. The report shall suggest the historic boundaries as well as descri a the historic and /or architectural significance. of the buildings, structures or sites to be protected, curr nt planning affecting the area, present development trends and conditions in the area and the public obje tives for preservation. B. A public hearing shall be held by the Boar 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 tate that residents may express their opposition to the proposed district in writing. The Board of Superviso s shall alter the boundaries of the proposed zone to exclude those property owners expressing opposition. C. Any area to be designated as an HA Zo a shall in fact include landmarks, buildings, structures or sites determined to be of historical and /or ar hitectural significance. All stated recommendations of the HRAB which supplement or modify the gener I regulations of this arficle may be adopted by the Board of Supervisors and applied to the zone Great d. D. At the time an overlay zone is establishe ,the Board of Supervisors may create an additional position and appoint a member to the HRAB. The me ber appointed shall be the owner of property within the newly established zone and shall serve a term of two years. 1 DRRC Endorsed 10/22/2009 PC Endorsed 12/2/2009 § 165- 703.03 Criteria for determining historic significance. The significance of an historic area shall be based on cultural,. architectural. and historical. factors and shah be documented in a written report, which shall include a discussion of the following: A. Architectural style. 1) Presence of distinguishing characteristics of a recognized style. 2) Significance of architectural design. 3) Scale and /or interrelationship of structures and /or environmental features. - 4) Significant patterns of development. 5) Quality of workmanship. 6) Amount of surviving original material 7) Original location and /or use. 8) Remaining outbuildings or dependencies. 9) :Surrounding environment,. gardens, landscaping and walks. 10) Overall aesthetic quality. 11) Original .integrity of the structure and its details. 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. 1} A description of existing structures and uses likely to have an adverse effect on the character of the district, including those near and visually related to the district, with maps, photographs and other data indicating the reasons for such an effect. 2) A list of structures within the zone. which notes which structures are contributing and which are not. Surviving building types and structures not historic in themselves but adding to the. character of an historic area need to be looked at as potentially deserving preservation. r7 ©RRC Endorsed 10/22/2009 P� Endorsed 12/2/2009 3) An analysis of lands not occupied by structures, including. lands near and visually related to the district. For public lands, ownership, -use and location shall be indicated. For private lands, assessed valuation -- shall be added as welt as existing zonirig 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 tp be preserved. Such regulations may include permitted and prohibited principal and accessory uses and structures, .minimum lot and yard requirements, maximum lot coverage by aN 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 anless 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. All reauests for. construction reconstruction and signifrcant exterior alterations presented to the HRAB shall be in conformance with 6 165 703 05 Gwdehnes for new canstructaon 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: (1j The extent to which the proposed action will affect the overall character and continuity ofthe 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) Is the historic resource of such architectural cultural or historical interest that its removal would be detrimental to the ublic interest? 3 DRRC Endorsed 10/22/2009 PC Endorsed 12/2/2009 2) Could the building only be reproduced at great expense or difficulty due to its unique or unusual texture, material or design? 3) Would demolition of the structure result.in the loss of a significant historic place or resource in Frederick County? F. Offer for sale. 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 self the structure andland 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 schedule below: Tiime 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 of the Board of Supervisors. �. Exceptions. Where the strict interpretation of these regulations creates an undue hardship, the HRAB may make recommendations for reasonable exemptive relief. 4 § 165- 703.05. Guidelines for new cohstruction or alterations DRR� Endorsetl 10/22/2009 PC Endorsed 12/2/2009 �+�� -�.. �...w . cacr vc �r ru r6Unl urrnewo IGa/ reSOUPCBS. Tne HRAB ma use reasonable discretion in determininp an _applicant's degree of complianee as Iona as a proposed design is consistent with the purpose and intent of the HA Zone ' —' e. New construction should maintain a hei ht and scale which i`s coin atible' with ad acent buildin s and other existing structures in the historic area C. Items such as mechanical equipment meiers transformers HVAC equipment and dumvsters should be v►sually screened from public view square feet shall be permitted per building face E. Parking areas should be designed to maintain the integrity of an area's historic narture 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 Zane 'Parking areas within an HA sudiect to the surface materials and curbs and gutters requirements Parking areas within HA Zones shall be permitted to utilize brick pavers reinforced gravel systems or similar materials so Iona as a dust free environment rs maintained. Parking surfaces comprised solely of unforti�ed grass areas are not - acceptable. § 165- 703:A5 06 Administration. A. Zoning Administrator. They 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 forwarded 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 plans, site plans, landscaping plans, design for proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structure with important relationships to public view (with indications as to visual construction materials, DRRC Endorsed 10/22/2009 PC Endorsed 12 /2/2009 design of doors and windows and relationships to adjoining structures) and such. other exhibits and reports as are necessary for these determinations. __ D. Fees. The Board of Supervisors shall establish a schedule of fees far the submission and review of an application for a certificate of appropriateness. E. Other approvals required.. In any case in which an 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, within 60 days after submission of the application, its decision concerning granting a certificate of appropriateness for the erection, reconstruction, significant exterior alteration, restoration, razing or demolition or relocation of all or part o #any building within the HA Zone. The HRAB shall apply the following criteria for its evaluation of any application• a) Risk of substantial alteration of the exterior features of a historic resource b) Compatibility in character and nature with the historic prchitertural or cultural features of the historic. overlay districi: c) Exterior architectural features including all signs d) venera/ design scale and arrangement e) Texture. and material f) The relationship of the size design and siting of any new ar reconstructed structure to the landscape of the district. (�� 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 plans and specifications have been incorporated into the reapplication. The applicant may appeal the disapproval to the Board of Supervisors.