HRAB 01-31-90 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/667-0370
MEMORANDUM
TO: Frederick County Historic Resources Advisory Board
FROM: Kris C. Tierney, Deputy Director
RE: Meeting Notice and Agenda
DATE: January 24, 1990
There will be a meeting of the Frederick County Historic Resources
Advisory Board at 7:30 p.m., on Wednesday, January 31, 1990, in the
conference room of the old County Court House, 9 Court Square
Winchester, Virginia.
Please let me know if you are unable to attend.
There are a couple of informational items in addition to agenda
materials included in your package.
AGENDA
1. Discussion of staff proposal for location of a Third Battlefield
Preservation Area and formulation of HRAB's recommendation to the
Board of Supervisors on the Caleb rezoning application.
2. Discussion of next meeting date.
3. other.
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
Historical Review Board, Agenda items January 31, 1990
1. The staff has developed a proposal for an area to be designated
as the Third Battlefield Preservation Area. The proposal includes
a portion of the property included in rezoning application #012-
89, Caleb Heights, Top of Virginia Development Corporation, as
well as the Hackwood property and the Huntsberry property.
Materials are attached in connection with this proposal
2. Discussion of next meeting date.
3. Other.
THIRD BATTLE
Area to be Designated For Preservation
Staff Proposal
The planning staff is recommending that the area described below
and shown on the attached map be designated as the Third
Battlefield Preservation Area. The area delineated includes a
portion of the area which most experts agree was the site of some
of the most fierce fighting and heaviest casualties of the entire
battle as well as the artillery site known as Duponts' Hill.
Contained within the recommended acreage is a portion of the old
road, (partially located on what is presently the Caleb parcel)
which was the corridor used by both Early and Sheridan's troops in
maneuvering during the battle. Also included is a portion of the
area used by the 8th Corps under Crook to cross Redbud run in
attacking the Confederate's left flank, another site of heavy loss
of life.
The total area proposed contains approximately 100 acres, roughly
35 acres on the Hackwood tract, 40 on the Caleb parcel and a total
of 35 on the Huntsberry property, (compossed of two tracts). This
acreage would not remain completely undisturbed, the north -south
collector road shown on the Caleb rezoning proposal has already
been identified as a needed through connection by the county.
Proposed Use of Designated Area
The staff would propose that the north -south through road be done
as a parkway, retaining as much as possible the character of the
area in terms of topography and natural tree cover. The staff would
also recommend that any other roads which are required within the
designated area be constructed in an environmentally sensitive
fashion and that attempts be made to keep them to a minimum, and
to locate them along the periphery of the designated area.
Effort should be made to have the area dedicated to the County for
use as a memorial park. The construction of an information center
with artifacts found on the site displayed should be pursued. A
series of walking trails with monuments at areas of particular
significance describing the battle might also be appropriate. The
details of the park design could be negotiated with the present
owner on the Caleb parcel, and at the time of future rezoning
applications on the adjoining parcels, through the Historic
Resources Advisory Board.
Boundary Description
Starting from the City owned property within the Hackwood parcel
east along a line approximately 200 feet north of the centerline
of Redbud Run paralleling the run across the Caleb property to a
point approximately 1100 feet into the Huntsberry property. South
(paralleling the north -south Caleb property line) to a point
approximately 400 feet into the Caleb property. West paralleling
the northern Caleb boundary to the western edge of the property
then slightly north approximately 900 feet, to a point
approximately 1200 feet south of Redbud run. North to the southern
boundary of the City owned property, encompassing approximately 100
acres. Then an area of approximately 6 acres encompasing the bluff
of Duponts' Hill.
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§ 15.1-503.1 LOCAL PLANNING LEGISLATION § 15.1-503.2
irregularities in the adoption thereof. (Code 1950, § 15-854.2; 1962, c. 583;
1984, c. 380.)
The number of this section was assigned Power to Impose Dedication and Land Use j
by the Virginia Code Commission, the number Requirements Upon Individual Landowners —
" `x '. '•..
in the 1962 act having been 15-854.2. Board of Supervisors v. Rowe, 216 Va. 128, 216
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Law Review. — For note on recent decision, S.E.2d 199 (1975)," see 10 U. Rich. L. Rev. 440
"Zoning Virginia Defines Scope Local
— of (1976).
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§ 15.1-503.1: Repealed by Acts 1973, c. 270.
§ 15.1-503.2. Preservation of historical sites and areas in counties
and municipalities. — A. 1. The governing body of any county or
municipality may adopt an ordinance setting forth the historic landmarks
within the county or municipality as established by the Virginia Landmarks
Commission, and any other buildings or structures within the county or
-
municipality having an important historic, architectural or cultural interest,
and any historic areas within the county or municipality as defined by
§ 15.1-430 (b), amending the existing zoning ordinance and delineating one or
more historic districts, adjacent to such landmarks, buildings and structures,
• ,-'
or encompassing such historic areas, or encompassing parcels of land
contiguous to arterial streets or highways (as designated pursuant to Title
33.1) found by the governing body to be significant routes of tourist access to
the county or municipality or to designated historic landmarks, buildings,
structures or districts therein or in a contiguous county or municipality. Such
amendment of the zoning ordinance and the establishment of such district or
districts shall be in accordance with the provisions of Article 8 (§ 15.1-486 et
seq.) of this chapter. The governing body may provide for an architectural
review board to administer such ordinance. Such ordinance may include a
provision that no building or structure, including signs, shall be erected,
reconstructed, altered or restored within any such historic district unless the
same is approved by the architectural review board or, on appeal, by the
governing body of such county or municipality as .being architecturally
compatible with the historic landmarks, buildings or structures therein.
2. Subject to the provisions of subdivision 3 hereof the governing body may
provide in such ordinance that no historic landmark, building or structure
within any such historic district shall be razed, demolished or moved until the
razing, demolition or moving thereof is approved by the architectural review
board, or, on appeal, by the governing body after consultation with such
architectural review board.
3. The governing body shall by ordinance for to the
provide appeals circuit
court for such county or municipality from any final decision of the governing
body pursuant to subdivisions 1 and 2 hereof and shall specify therein the
parties entitled to appeal such decisions, which such parties shall have the
right to appeal to the circuit court for review by filing a petition at law,
setting forth the alleged illegality of the action of the governingbody,
provided such petition is filed within thirty days after the final decision is
_
rendered by the governing body. The filing of the said petition shall stay the
decision of the governing body pending the outcome of the appeal to the court,
except that the filing of such petition shall not stay the decision of the
governing body if such decision denies the right to raze or demolish a historic
landmark, building or structure. The court may reverse or modify the decision
of the governing body, in whole or in part, if it finds upon review that the
decision of the governing body is contrary to law or that its decision is
arbitrary and constitutes an abuse of discretion, or it may affirm the decision
of the governing body.
66
§ 15.1-503.2 LOCAL PLANNING LEGISLATION § 15.1-503.2
In addition to the right of appeal hereinabove set forth, the owner of a
historic landmark, building or structure, the razing or demolition of which is
subject to the provisions of subdivision 2 hereof, shall, as a matter of right, be
entitled to raze or demolish such landmark, building or structure provided
that: (1) He has applied to the governing body for such right, (2) the owner has
for the period of time set forth in the same schedule hereinafter contained and
at a price reasonably related to its fair market value, made a bona fide offer to
sell such landmark, building or structure, and the land pertaining thereto, to
such county or municipality or to any person, firm, corporation, government
or agency thereof, or political subdivision or agency thereof, which gives
reasonable assurance that it is willing to preserve and restore the landmark,
building or structure and the land pertaining thereto, and (3) that no bona
fide contract, binding upon all parties thereto, shall have been executed for
the sale of any such landmark, building or structure, and the land pertaining
thereto, prior to the expiration of the applicable time period set forth in the
time schedule hereinafter contained. Any appeal which may be taken to the
court from the decision of the governing body, whether instituted by the
owner or by any other proper party, notwithstanding the provisions heretofore
stated relating to a stay of the decision appealed from shall not affect the right
of the owner to make the bona fide offer to sell referred to above. No offer to
sell shall be made more than one year after a final decision by the governing
body, but thereafter the owner may renew his request to the governing body
to approve the razing or demolition of the historic landmark, building or
structure. The time schedule for offers to sell shall be as follows: three months
when the offering price is less than $25,000; four months when the offering
price is $25,000 or more but less than $40,000; five months when the offering
price is $40,000 or more but less than $55,000; six months when the offering
price is $55,000 or more but less than $75,000; seven months when the
offering price is $75,000 or more but less than $90,000; and twelve months
when the offering price is $90,000 or more.
4. The governing body is authorized to acquire in any legal manner any
historic area, landmark, building or structure, land pertaining thereto, or any
estate or interest therein which, in the opinion of the governing body should
be acquired, preserved and maintained for the use, observation, education,
pleasure and welfare of the people; provide for their renovation, preservation,
maintenance, management and control as places of historic interest by a
department of the county or municipal government or by a board, commission
or agency specially established by ordinance for the purpose; charge or
authorize the charging of compensation for the use thereof or admission
thereto; lease, subject to such regulations as may be established by ordinance,
any such area, property, lands or estate or interest therein so acquired upon
the condition that the historic character of the area, landmark, building,
structure or land shall be preserved and maintained; or to enter into contracts
with any person, firm or corporation for the management, preservation,
maintenance or operation of any such area, landmark, building, structure,
land pertaining thereto or interest therein so acquired as a place of historic
interest; however, the county or municipal government shall not use the right
of condemnation under this subsection unless the historic value of such areas,
landmark, building, structure, land pertaining thereto, or estate or interest
therein is about to be destroyed.
B. Notwithstanding any contrary provision of law, general or special, in the
City of Portsmouth no approval of any governmental agency or architectural
review board shall be required for the construction ora ramp to serve the
handicapped at any structure designated pursuant to the provisions of this
section. (1973, c. 270; 1974, c. 90; 1975, cc. 98, 574, 575, 641; 1977, c. 473;
1987, c. 563; 1988, c. 700.)
67
Hugh C. Miller, Director
Department o, f Historic Resources
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January 12, 1990
221 Governor Street
Richmond, Virginia 23219
Telephone (804) 786-3143
TDD: 804-7864276
a ,JAN i 7 1990
The Virginia Board of Historic Resources has directed the Department of
Historic Resources to initiate proceedings to develop regulations
implementing the Virginia Antiquities Act Section 10.1-2305 of the Code of
Virginia. This section of the Virginia Antiquities Act makes it "unlawful
for any person to conduct any type of archaeological field investigation
involving the removal of human skeletal remains or associated artifacts from
any unmarked human burial regardless of age on an archaeological site arra
regardless of ownership without first receiving a permit frcxm the
Director" of the Department of Historic Resairces.
The Department is currently in the process of compiling a "Regulation
Development List" of interested parties who wish to participate or int
on these regulations as they are being developed. If you wish to be
included in the list to receive copies of the draft regulations for
comment, please respond in writing within 30 days of the date of this
mailing. Please send all responses to Burial Regulation Develoument List.
Following the ccimpilation of this list the Department will form a work
cmittee consisting of persons selected d from the Regulation Development
List to make reccmmendations on the proposed regulations and formulate draft
language. If you wish to make written proposals to that ecmumittee, please
send those to Burial Regulation Ccamuittee, care of the Department of
Historic Resources.
Hugh C. Miller Director
January 15, 1990
COMMONWEALTH of VIRQINIA
dui iisii[i vj 3foill, Iesources
Mr. John R. Riley, Jr., County Administrator
County of Frederick
P.O. Box 601
Winchester, Virginia 22601
Dear Mr. Riley:
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221 Governor Street
Richmond, Virginia 23219
Telephone (804) 786-3143
TDD: 804786-4276
The Department of Historic Resources takes great pleasure in notifying you
that your project is among sixteen selected for funding for fiscal year
1989-90 from the Zhreatened Properties Grant Fund, We look forward to
working with you toward the protection of Frederick County's cultural
resources.
We are able to offer you a grant of $ 18,000 to be used for continued
survey of the historic and cultural resources in the county.
We will be in touch with you in the next several days to develop a project
description and budget and to prepare a formal grant agreement. We will
also need to set up an appointment with you to make a site visit, at which
time we can discuss the project and provide you with technical and
administrative information related to it. In the meantime, if you have
questions about this award, please contact Ann Miller here.
Congratulations on your award. We are pleased to be able to assist your
efforts on this significant preservation project.
Sincerely,
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Hugh Miller
cc: Miss Eloise Strader, President
Winchester -Frederick County Historical Society