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HRAB 12-18-90 Meeting Agenda7" MEMORANDUM TO: Historic Resources Board Members FROM: RCT, Deputy Director DATE: December 11, 1990 RE: December 18, 1990 Meeting and Agenda xrel 1 1 .. COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 There will be a meeting of the Historic Resources Board Tuesday December 18, 1990, at 7:30 p.m., in the conference room of the Old Court House, 9 Court Square, Winchester, Virginia. In addition to materials associated with the agenda there are also a number of informational items inclosed. Please let me know if you have any questions or are unable to attend. AGENDA 1. Discussion of response to questionnaire distributed at Comprehensive Plan public meetings. 2. Discussion of draft regulations for a Historic Areas Overlay Zone. 3. Other. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 12/18/90 HRAB AGENDA ITEMS 1. Attached is a summary of the comments received at and following the two public hearings held in November. 2. Attached are draft regulations for a Historic District Overlay Zone. The HRAB needs to go over these in detail and propose any additions or rewording you feel necessary. 3. Other. 1990 COMPREHENSIVE PLAN PUBLIC MEETINGS RESPONSE TO QUESTIONNAIRE ..... .. :ice :.. :.vv::.:,•• .•.• •.� ::/ I.• i. •::: •- There were only 11 questionnaires returned at the two public meetings held on the proposed 1991 Comprehensive Plan. The results are summarized below. Of those people responding, there seems to be general support for the proposals. Those who attended the meetings know that there were a number of questions raised on various details of the proposals, particularly in the area of rural regulations; however the sentiment seemed to be in favor of somehow preserving the rural areas of the County. A summary of the questions raised and points made is also attached. REGARDING RURAL ISSUES - Do you feel an effort should be made to preserve the rural nature of Frederick County? YES - 7 NO - 1 - Shouldn't impact on rights of landowner. - Not if misuse of land use taxation continues. - Five -acre lots are currently the norm in the rural area. What density or lot size do you feel is appropriate? 1 acre 2 acres 2 acres or less 2.5 acres 3 acres 5 acres -(3 respondents) - Would smaller residential lots (2 acre minimum) grouped together on a parcel, leaving a major portion of the original tract undisturbed, be preferable to five -acre residential lots throughout a parcel? YES - 6 NO - 2 NO, who maintains parcel? Lot size should be based on attributes. - What kind of roads should be used in small rural developments? Over 12 lots, State maintained. Depends on traffic. State maintained - 6 Gravel - 3 REGARDING HISTORIC RESOURCES - Do you feel an effort should be made to preserve historic structures and properties? YES - 9 At land owners option. Only if County buys it. - What additional efforts do you feel should be made to protect historic resources? Tax breaks Identify and regulations to protect. - 3 County should purchase. County staff person to inform public. Financial assistance for those required to maintain resources. Educate public. None. - Should areas of the County, which are rich in historic resources, have specific regulations applied to them which are aimed at protecting these resources? YES - 8 NO - 1 At landowners option. Within reason. COMMENTS MADE 1. There is a need for more lenient VDOT standards for subdivision roads. 2. Concern that Health Department Septic System Standards are to rigid. 3. Tax credits should be provided for avoiding prime soils when creating open space for rural subdivisions. 4. Concerns over the amount of rules and regulations needed for approval to sell property (Health Department, etc.) 5. A need to protect the environment and rural character of the county. 6. A need for state legislation , tax incentives, etc., to protect our historical resources. 7. Five acre lot requirement is not appropriate. 8. Need to direct development to protect the farmland of the county. 9. RP lots are too small resulting in more zoning appeals. QUESTIONS RAISED 1. What is the advantage of 2 acre lots in conjunction with 40% open space as opposed to 5 Acre lots? 2. What happens to the open area? What can it be used for? 3. Will any parcel of land be eligible for this proposal? 4. Where is the pressure coming from to change from the 5 acre lot requirement? 5. What will happen to the value of the open land? 6. Has this method of land division been tested? Where? How long? 7. Doesn't this look like a good place for a package sewerage treatment plant? 8. Woun't clustering cause percolation problems and impact the quality of the ground water? 9. Who can we depend on to look out for the landowners other than the developers? 10. Will there be a rezoning required? 11. Will the landowner have the flexibility of locating the allowed lots in several different areas of a tract of land that is being divided? 12. Would it not be a good idea to tie lot sizes to the geology of the land? HISTORIC AREA OVERLAY ZONE DRAFT Dec. 10, 1990 Statement of Intent: The Historic Area Overlay Zone (HAO) 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, or architectural history in order to: a. Foster civic pride and preserve an appreciation for the 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 for the education and general welfare of the people of the County. e. Encourage nomination of qualified historic properties to the State and National Registers. Procedures for establishing Overlay Boundaries: HAO zones may be created by amending the Zoning Ordinance as provided for in Article 2, section 6 of the Zoning Ordinance. The Historic Resources Advisory Board (HRAB) may propose to the Planning Commission and/or the Board of Supervisors such amendments as deemed appropriate, including the establishment of HA overlay zones and revision of existing HA zones. The HRAB shall prepare and submit a report to substantiate the proposed amendment. Such report shall establish and define the historic district boundaries as well as the historic and/or architectural significance of the buildings, structures, or sites to be protected; and describe current planning, present trends, conditions, and desirable public objectives for preservation. The designation of an area as an HAO zone shall include a declaration that the landmarks, buildings, structures, or sites to be included are in fact of historical and/or architectural significance requiring protection against destruction and encroachment, and that all stated recommendations of the HRAB which supplement or modify the general regulations of this article are adopted by reference and are to be applied to the zone created. HISTORIC AREAS OVERLAY ZONE page 2 Criteria for determining historic significance: The significance of a historic area shall be based on architectural aesthetics as well as historical factors and shall be documented in a written report. Certain buildings or areas, although not associated ..ith a^ h'�}^N .. ��,..,� �c person or event, may be valuable examples of the County's physical and cultural heritage. Such report shall document the following specific matters: A. Architectural Style: Merit of the structure to be based on how well it exemplifies the distinguishing characteristics of a recognized style. 1. significance of architectural design 2. scale and/or interrelationship of structures and/or environmental features 3. significant patterns of development 4. quality of workmanship 5. amount of surviving original material 6. original location and/or use 7. remaining outbuildings or dependencies 8. surrounding environment, gardens, landscaping, walks 9. overall aesthetic quality 10. 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 In addition, sole or infrequent 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. C. Additional Information: 1. a description of existing structures and uses likely to have an adverse effect on the desired 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. 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 well as existing zoning and planned land use. HISTORIC AREAS OVERLAY ZONE page 3 3. recommendations concerning detailed regulations to be applied with the historic area under consideration, to supplement or modify general regulations of this article, may include permitted and prohibited principal and accessory uses and 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, control of integral facade changes to existing buildings where said controls and regulations are only for the express purpose of preventing changes which are architecturally incompatible with buildings, structures, or sites to be preserved. Historic Area Overlay Regulations: Within the Historic Area Overaly Zone, the following regulations shall apply: 1. New construction, reconstruction, and exterior alterations No building or structure, including signs, shall be erected, reconstructed, restored or substantially altered in exterior appearance unless the HRAB approves of the proposed activity's compatibility with the historic, aesthetic, cultural, and/or architectural aspects of the landmark. 2. Matters to be considered in passing upon the Appropriateness of Construction, Reconstruction or exterior alteration of buildings or structures by the HRAB: The HRAB shall not consider interior arrangements and shall not make any requirements except for the purpose of preventing development incompatible with the old historic aspects of the surroundings. The HRAB shall consider the following in passing upon the appropriateness of architectural features: - Exterior Architecture; - General design, scale and arrangement; - Texture, materials and color; - The relationship of the above to surrounding structures. HISTORIC AREAS OVERLAY ZONE page 4 3. Demolition: No building or structure within the zone shall be demolished, removed, or substantially altered in exterior architectural features of appearance, including the placement of signs, until a Certificate of Approval is issued by the HPC. 4. 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: - Would the removal be interest? - Could the building only bE or difficulty due to its material or design? - Would preservation help historic place in Frederick detrimental to the public reproduced at great expense unique or unusual texture, to protect or preserve a County? 5. Offer for Sale: The owner of a building or structure in a historic district shall, by right, be entitled to demolish same provided that: - He has applied for a demolition permit. - Made a bona fide offer to sell 6. Time schedule for Offer of Sale: . a number: of months tQ ary based :an the alzngprzc 7. Hazardous Buildings or structures: can be demolished without consideration by HRAB with written approval of the Zoning Administrator verifying the conditions necessitating such action. 8. Moving or Relocation: No officially designated historic landmark, building, or structure within the district shall be removed or relocated where such moving is detrimental to the public interest or where said relocation would be obviously incongruous to the historic aspects of the structure and/or the historic district unless the same is approved by the HRAB. HISTORIC AREAS OVERLAY ZONE page 5 9. Matters to be considered in determining the appropriateness of moving or relocating a landmark building or structure within an Historic District: - Would the move effect the structural soundness of the building or structure? - Would the move have a detrimental effect on the district? 10. Uses permitted: Within the Historic Area Overlay, all uses shall be permitted pursuant to the official zoning map. General regulations shall be the same as provided within the respective underlying zoning districts except where such regulations are modified or amended as set forth in this Article. - Lot regulations - Height regulations - others? 11. Exceptions: Where the strict interpretation of these regulations contradicts existing building or other codes, the HPC shall make recommendations for reasonable exemptive relief. Administration: 1. Zoning Administrator: The County Zoning Administrator shall not authorize a permit for any erection, reconstruction, integral exterior facade change, demolition or razing of a building or structure in the HAO until the same has been approved by the HPC, following the procedures set forth hereafter. 2. Upon receipt of an application for such a permit in the historic district, the Zoning Administrator shall act in accordance with the existing procedures of his office except if those procedures are necessarily modified by the following requirements: A. He shall forward to the HRAB 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. B. He shall maintain in his office a record of all such applications and of his handling and final disposition of the same. HISTORIC AREAS OVERLAY ZONE page 6 C. He shall require applicants to submit a sufficient number of additional copies of materials required for compliance with the foregoing. 3. Materials to be Submitted for Review: By general rule, or by specific request in a particular case, the Zoning Administrator and the HPC may require submission of any or all of the following in connection with the application: 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, design of doors and windows, colors and relationships to adjoining structures), and such other exhibits and reports as are necessary for these determinations. Requests shall be accepted only from the record owner of the land involved in such proposal. 4. Fees: The Board of Supervisors shall establish by resolution a schedule of fees for the examination and approval or disapproval of proposals submitted in accordance with this Article. 5. Other Approvals Required: In any case in which an applicant's proposal also requires the approval of the BZA, final action by the BZA shall precede final action by the HPC. The BZA may, however, table a proposal to request the comments of the HPC. Preliminary subdivision plats may be referred to, and commented upon, by the HPC prior to final action by the Commission. The HPC comments shall be forwarded to the Commission. 6. Report of the Historic Resources Advisory Board: If the HRAB, on the basis of the review of information received from the applicant, decides against the granting of a permit, it shall indicate to the applicant the changes in plans and specifications, if any, which would protect and/or preserve the historic aspects of the landmark, building, structure or zone. If the applicant determines that he will make the suggested changes, he shall so advise the HRAB which shall act accordingly. HISTORIC AREAS OVERLAY ZONE page 7 The HRAB shall return in writing, within ninety (90) days after submission of the application, its decision concerning authorizing a permit for the erection, reconstruction, significant exterior alteration, restoration, razing or demolition, or relocation of all or part of any building within the HAO zone. If the HRAB approves an application, it shall authorize the Zoning Administrator to issue a permit for the work so specified in said application. If the HRAB disapproves, it shall do so in writing and copies shall be given to the applicant and the Zoning Administrator. 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 HAO. In the case of disapproval, the application shall not be resubmitted for consideration until twelve (12) months have elapsed from the date of disapproval unless the indicated changes in plans and specifications required to meet the conditions for protecting the HOA have been incorporated into the reapplication. Upon receipt of the HRAB's written disapproval, the Zoning Administrator shall disapprove the application for the required permit and so advise the applicant. The applicant may appeal the disapproval as provided by law and herein below. The Zoning Administrator shall have the power to institute any proceedings necessary for the enforcement of this Article in the same manner as in the enforcement of the other sections of this Ordinance.