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HRAB 03-06-90 Meeting Agenda7' COUNTY 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: March 1, 1990 There will be a meeting of the Historic Resources Board Tuesday March 6, 1990, at 7:30 p.m., in the Board of Supervisors meeting room, of the Old Court House, 9 Court Square, Winchester, Virginia. Please let me know if you are unable to attend. AGENDA 1. Discussion of language to accompany formal recommendation on Caleb Heights rezoning application. The three members of the HRAB along with the planning staff have but together a statement that supports the boards motion on the rezoning. If the Board as a whole agrees on the statement, it will go to the Planning Commission as a formal recommendation at their first meeting in April. (The statement is attached.) 2. The Board may wish to spend some time discussing how to proceed with compiling the list of potential historic sites in the county. 3. Other 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 HISTORIC RESOURCES ADVISORY BOARD RECOMMENDATION ON CALEB HEIGHTS REZONING APPLICATION MARCH 6, 1990 On August 15, 1989 the Historic Resources Advisory Board, (HRAB) recommended denial of the Caleb Heights rezoning application to the Board of Supervisors based on the local, state, and national historical significance of the site. On December 19, 1989, at the request of the applicant's attorney, and in accordance with the wishes of the Board of Supervisors, the HRAB again met to hear a revised proposal for the property. Following the December 19th meeting the HRAB: * Made a site visit to the property on January 11, 1990, in order to obtain first-hand knowledge of the terrain and the relationship of the parcel to the surrounding area. * Heard from concerned individuals and groups, recognized authorities on the history of the Third Battle of Winchester, and the county planning staff at a meeting on January 16, 1990. * Received a proposal from the county planning staff suggesting an area that might be set aside as a memorial park on January 31, 1990. * Met to hear a development proposal from the applicants on February 20, 1990, modifying the boundary of the park area which had been developed by the county planning staff and discussed at the preceding meeting. Following careful consideration of all the input from the various individuals and groups received over the preceding months, information supplied by the applicant related to his various proposals, and the recommendations of the county planning staff, the HRAB has determined that: The entire Caleb Heights parcel and surrounding area, comprising the remaining RA (Rural Areas) zoned and undisturbed portion of the Third Battle of Winchester, is of such historical significance that the dedication of any portion of the Caleb Heights tract for a memorial park, would not adequately compensate for the approval of Residential Performance zoning and subsequent residential development of another portion of the parcel. HRAB Recommendation on Caleb Heights Rezoning, page 3 The HRAB further recommends that the Planning Commission and Board of Supervisors consider taking the necessary steps to designate the area of the Third Battle as a Historic District including the development of appropriate ordinances designed to protect the district once designated. The HRAB offers the following as the basis for arriving at this recommendation: 1) Of the roughly three thousand acres which comprised the area of the Third Battle of Winchester, only about 600 acres of relatively undisturbed land remains under RA zoning. 2) The Caleb Heights parcel is situated in the center of the 600 acres of RA zoned land comprising the undisturbed portion of the battle. 3) Physical features of the Caleb parcel, such as the First and Second Woods, Dupont's Hill and the old east -west road are recognized and specifically referenced in many historic accounts of the battle. 4) Legislation has been introduced in the House and Senate which would authorize a study of Shenandoah Valley Civil War sites, including Third Winchester. 5) On February 20, 1990, The Virginia Department of Historic Resources determined that because of its significance in military history, the site meets the criteria for listing in the State and National Registers of Historic Places. 6) The HRAB was formed by the Board of Supervisors in response, partially, to the stated goal of the Comprehensive Plan to "Protect the Historic resources in Frederick County." and this recommendation is in keeping with that goal. February 28, 1990 Kris Tierney Deputy Planning Director 9 Court Square P.O. Box 601 Winchester, Virginia 22601 Dear Mr. Tierney: ALEXANDRIA OFFICE 510 KING STREET, SUITE 200 P. 0. BOX 820 ALEXANDRIA, VIRGINIA 22313 (703) 836-8400 RICHMOND OFFICE 411 EAST FRANKLIN STREET, SUITE 600 P. 0. BOX 3-K RICHMOND, VIRGINIA 23206 (804) 344-3400 MARYLAND OFFICE EQUITABLE BANK CENTER, TOWER II 100 SOUTH CHARLES STREET, 5TH FLOOR BALTIMORE, MARYLAND 21201 (301) 783-3500 I9X On behalf of Top of Virginia Development Corporation I must respectfully object to the Historic Resources Advisory Board's recommendation to the Planning Commission with respect to the proposed rezoning of Top of Virginia's property, known as Caleb Heights. We believe that Top of Virginia has presented a reasonable approach to the legitimate public interest in historic preservation, at the same time it seeks to advance its equally legitimate interest, and that its proposal resides squarely within the metes and bounds of the law in these matters. We recognize that the mission of the HRAB is limited in scope. It is not charged with balancing larger issues of planning and development with historic preservation, as is the Planning Commission. Nor is it charged with balancing those interests against all of the needs of your community, as is the Board of Supervisors. We look forward to discussing this case further with you in the near future, and despite the HRAB's action, remain willing to work cooperatively with the County to further all legitimate concerns. LAW OFFICES H&&1,Th=,-B,Fiske, Weiner,Beddum&Hanes A PROFESSIONAL CORPORATION WASHINGTON OFFICE FAIRFAX OFFICE 1575 EYE STREET, N. W. 3110 FAIRVIEW PARK DRIVE SUITE 1400 SUITE 600 WASHINGTON, D. C. 20005 P.O. BOX 12001 (202) 898-0010 FALLS CHURCH, VIRGINIA 22042 LEESBURG OFFICE (703) 641-4200 116-G EDWARDS FERRY ROAD, N. E. TELECOPIER (703) 641-4340 P. 0. BOX 87 LEESBURG, VIRGINIA 22075 (703) 777-6777 February 28, 1990 Kris Tierney Deputy Planning Director 9 Court Square P.O. Box 601 Winchester, Virginia 22601 Dear Mr. Tierney: ALEXANDRIA OFFICE 510 KING STREET, SUITE 200 P. 0. BOX 820 ALEXANDRIA, VIRGINIA 22313 (703) 836-8400 RICHMOND OFFICE 411 EAST FRANKLIN STREET, SUITE 600 P. 0. BOX 3-K RICHMOND, VIRGINIA 23206 (804) 344-3400 MARYLAND OFFICE EQUITABLE BANK CENTER, TOWER II 100 SOUTH CHARLES STREET, 5TH FLOOR BALTIMORE, MARYLAND 21201 (301) 783-3500 I9X On behalf of Top of Virginia Development Corporation I must respectfully object to the Historic Resources Advisory Board's recommendation to the Planning Commission with respect to the proposed rezoning of Top of Virginia's property, known as Caleb Heights. We believe that Top of Virginia has presented a reasonable approach to the legitimate public interest in historic preservation, at the same time it seeks to advance its equally legitimate interest, and that its proposal resides squarely within the metes and bounds of the law in these matters. We recognize that the mission of the HRAB is limited in scope. It is not charged with balancing larger issues of planning and development with historic preservation, as is the Planning Commission. Nor is it charged with balancing those interests against all of the needs of your community, as is the Board of Supervisors. We look forward to discussing this case further with you in the near future, and despite the HRAB's action, remain willing to work cooperatively with the County to further all legitimate concerns. Kris Tierney February 28, 1990 Page 2 We express our sincere members of the HRAB for th us. While we may have been disappointed by the manner JHF:jw cc: Kenneth Stiles Charles Orndoff James Golladay Dave Holliday Roger Thomas Chuck Maddox Sara Howard -O'Brien LAW OFFICES HazelA mas,Fiske, Weiner, Becldurn &Hanes A PROFESSIONAL CORPORATION appreciation to Chairman Ewing and the e courtesy which was consistently shown disappointed in the result, we were not in which we were heard. Sincerely yours, HAZEL, THOYAS, FISKE, WEINER, ECKHORN & HANES, P.C. J©hn H. Foote