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HRAB 11-17-09 Meeting AgendaCOUNTY of FREDERICK i Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM �zj TO: Historic Resources Advisory Board FROM: Candice E. Perkins, AICP, Senior Planner ,14. RE: November 2009 HRAB Meeting Agenda DATE: November 9, 2009 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, November 17, 2009, at 6:30 p.m., in the Board of Supervisors Executive Session Room* in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The HRAB will discuss the following items: AGENDA 1. October 2009 HRAB meeting minutes. 2. Review of the Jordan Springs Property Proffer Amendment. Please contact this office if you will not be able to attend the meeting. Thank you. *PLEASE NOTE MEETING LOCATION Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the Board Room. I would encourage Committee members to park in the County parking lot located behind the new addition (accessible off of Cameron Street). CEP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Frederick County Historic Resources Advisory Board (HRAB) October 2092009 Board of Supervisors Executive Session Room of the County Administrative building 107 North Kent Street Winchester, VA Members Present: Rhoda Kriz (Chairman), Elizabeth Fravel, Lauren Krempa, Stacey Yost, Mary Turner, Robert Hess, Clint Jones, Gary Oates Members Absent: Claus Bader Staff Present: Mike Ruddy, Maral Kalbain Applicants Present: Evan Wyatt, John Good Agenda Items: June and September 2009 HRAB meeting minutes, Rezoning application for the Graystone Corporation Office & Industrial Park Call to order at 6:30 PM. Item One: The June and September 2009 HRAB meeting minutes were approved with one revision to the September attendance record. Item Two: Planner Ruddy introduced the first item which was a proposed rezoning for the Graystone Corporation Office & Industrial Park. Mr. Ruddy discussed the revisions to the application since the agenda was distributed and that the updated proposal seeks to rezone three parcels of land that total 271.39 acres from RA (Rural Areas) District to the M1 (Light Industrial) District for office and manufacturing land uses. The site is located near the Interstate 81 Exit 317 interchange and Martinsburg Pike (Route 11), and is bound by Redbud Road (Route 661), Milburn Road (Route 662), McCann's Road (Route 838) and the CSX Railroad, in the Stonewall Magisterial District. The applicant's representative Mr. Evan Wyatt with Greenway Engineering provided an overview of the proposal and some of the historical elements of the area. Mr. Wyatt provided a new exhibit to the HRAB that showed the revised buffer layout. The HRAB discussed the topography of the site and that the middle of the property is higher than the other portions and that structures will be more visible to the surrounding area and that the applicant should tailor the project to protect the viewshed of the surrounding historical resources. The location of the core battlefield (2°d Winchester) on the property was discussed as well as the changes to the Northeast Land Use Plan (NELUP) over the years and how that plan respects the historic areas in that area. The group felt that the application should be respective of the developmentally sensitive areas shown on the NELUP. The intensive nature of the M1 Zoning was also discussed; the group felt that this zoning is too intensive for the historic nature of the area. The group felt that the applicant should evaluate if any of the more intensive uses permitted in the M1 District could be proffered out in an effort to minimize the potential impact on the surrounding historical land uses and stated that the more intensive industrial uses should not be located on the portion of the property which is north of future Route 37, as this area contains a far greater area of core battlefield. The HRAB stated that the applicant should work with the Shenandoah Valley Battlefields Foundation who is an adjacent property owner. The 1 group was also concerned with the proposed height and intensity increase, lighting, parking orientation and architectural treatments of the structures, increased setbacks was also suggested as was a restriction on those height exceptions currently permitted by Ordinance in the M1 District. The HRAB discussed the visibility and viewshed of the site again and stated that the proffers currently don't address that issue which is very significant. They stated that an archeological study should be done on the entire site including where the historic structure was located as well as the battlefield area. It was recognized that this location was so central to much of the historic activity occurring in this area. Also discussed is that this is a critical site and it has a lot of potential to provide a greater understanding of Fort Helm and the McCann Property which are both significant sites. This area also has the potential to be a rural historic district. Mr. Good (applicant) emphasized that they were unwilling to work with the Department of Historic Resources (DHR). Mr. Wyatt (applicant) stated that original Route 37 plan is different that what they show on their property. Therefore, previous archeological surveys associated with Route 37 may not have covered this area. The HRAB stated that additional buffers and screening should be provided on the property being developed adjacent to all historical properties and the historic corridors, buffering on the adjacent historic properties is encouraged but only with their cooperation. All buffers provided should be enhanced and not only what is currently required by ordinance, utilization of existing vegetation or re -vegetation, potentially with native species was also encouraged, the use of standard berms and screening as typically provided for commercial projects was discouraged. Action: After reviewing this information and the applicant's materials and proposals, the Historic Resource Advisory Board (HRAB) recommended that the Graystone Corporation Rezoning Application addresses the following: o A Phase I Archeological Survey should be done on the property in an effort to identify any archeological resources present on the property. If warranted, further survey work should be completed. It was recognized that this property is uniquely located with regards to a variety of significant historical resources, warranting particular effort to ensure any resources are appropriately addressed. o The proposed intensification of the project in terms of the request to increase the FAR to 2.0, to increase the height of Office Buildings to 90 feet, and to increase the height of parking structures to 70 feet is undesirable as this would increase the potential impact on the adjacent historic resources. In addition, current height exceptions that are allowed in the M1 district which exceed the height standard for the district should be avoided. The Applicant should evaluate if further restrictions to the standards of the M1 District may be warranted. o The Applicant should evaluate if any of the more intensive uses permitted in the M1 District could be proffered out in an effort to minimize the potential impact on the surrounding historical land uses. The more intensive industrial uses should not 2 be located on the portion of the property which is north of future Route 37, as this area contains a far greater area of core battlefield. o Parking lots and other similar site development features should be located to the interior of the development in an effort to minimize the potential impact on the surrounding historical land uses. o Buffers and screening should be placed on the property being developed adjacent to all historical properties to mitigate the potential impact on the adjacent historical properties and rural historical corridors. Additional buffering on adjacent historical properties is encouraged with the cooperation of those property owners. When buffers are proposed, or required by Ordinance, the buffers should be enhanced and should utilize existing vegetation and promote natural re - vegetation as opposed to utilizing the standard berming and screening required by Ordinance. Other: After the conclusion of the Graystone rezoning discussion, Maral Kalbian discussed the newly formed preservation group called the Northern Shenandoah Valley Organization. Meeting was adjourned at 8:00pm. 3 • • 11 Item # 2 Jordan Springs Proffer Amendment The HRAB discussed the proposed Jordan Springs Proffer amendment on September 15, 2009. At that meeting, the applicant provided an overview of the current Jordan Springs operation and discussed some of the uses that they would like to pursue in the future; however, at the September meeting the applicant was still trying to work on the proffers and the HRAB deferred the application for up to 120 days. Since the September meeting, the applicant has provided a revised proffer statement for the HRAB to discuss. As previously discussed, the HRAB has been asked to review and provide comment on the Jordan Springs Property (#31-110) proffer amendment (rezoning) proposal. The proposal seeks to revise the proffers approved with Rezoning #10-01, which rezoned the property from the RA (Rural Areas) District to the B2 (Business General) District with a Historic Area Overlay with proffers. The property is located at 1160 Jordan Springs Road in the Stonewall Magisterial District. Attached for your information is the rezoning application, location map and a copy of the original proffers for the project. The proffers from rezoning #10-0 1 restricted the site to the following uses: • Health Services • Legal Services • Engineering, accounting, research, management, and related services • General business offices • Public buildings • Residential uses that are accessory to allowed business uses The property owner is seeking to revise the proffers to enable additional uses on the property. The applicant is requesting to add the following uses: • Health Services • Legal Services • Engineering, accounting, research, management and related services • General business offices • Public buildings • Residential uses which are accessory to allowed business uses • Museums • Eating and drinking places • Exposition operations o Theatrical Producers and Miscellaneous Theatrical Services As outlined in the HA Overlay regulations, the HRAB must approve any request for new construction, reconstruction and significant exterior alterations. The HRAB must also determine the appropriateness of any proposed (principle or accessory) uses. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by proposed development. The comments will be included in the rezoning application package for the Jordan Springs Property proffer amendment proposal when it is submitted. PROPOSED AMENDED PROFFER STATEMENT REZONING: Proffer Amendment RZ#09- PROPERTY: Historic Jordan Springs Tax Map Parcels # 44-A-294 and 44 -A -294A 10.33 Acres in Historic Area Overlay Zone RECORD OWNER: Greig D. W. Aitken and Tonie M. Wallace, husband and wife APPLICANT: Greig D. W. Aitken and Tonie M. Wallace, husband and wife PROFFER DATE: November 3, 2009 The Applicant hereby proffers that the use and development of the subject property ("Property"), as identified above, shall be in strict conformance with the following conditions, which shall be in addition to the proffers made and dated December 11, 2001 per that certain Ordinance Amending The Rezoning District Map, Rezoning#10-01 of Jordan Springs dated December12, 2001. In the event that the above referenced rezoning proffer amendment is not granted as applied for by the applicant ("Applicant'), this proffer shall be deemed withdrawn and shall be null and void. Further, this proffer is contingent upon acceptance of the proffer by a final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' ("Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The Applicant hereby proffers as follows: Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses Museums Eating and drinking places Exposition operations Theatrical Producers and Miscellaneous Theatrical Services Respectfully submitted this ,L.o day of�4�v�,���%� , 2009, GREIG D. W. AITKEN TONLE M. WALLACE STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this b day of November, 2009, by Greig D. W. Aitken. NOTARY g NOTARY Registration No.: TARY; � .� ••. � _ My commission expires: I 0 I p�gLiC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: _ REG. #241038 : * _ n MY CONImISSION Q off'• EXPIRES rr •,10,/31/2012.! z The foregoing instrument was acknowledged before me this3-4,day of November, 2009, by Tonic M. Wallace. C� %%j%j llitili"� Q"'A SUE Registration No.: _a4 c� �C�P 'NOTARY My commission expires: J . PUBLIC * : REG. #241033 ;. MY CghiiifSSGGd EXPRES 1(tr31r2012 ' 064 M��d 11i11!!\t.t\ REZONING APPLICATION FORNI FREDERICK COUNTY, VIRGINIA 'o be completed by Planning Staff oning Amendment Number C .Hearing Date _ Fee Amount Paid $ Date Received BOS Hearing Date_ The following information shall be provicled by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: ('re g w A; t , fi Tian; P Wal lace Telephone: 540.667-0600 Address: 1160 Jordan Springs Road, Stephenson, VA 22656 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Name: Telephone: Telephone: 4. Checklist: Check the fallowing itemPhat have been included with this application! Location map Agency Comments ,,// Plat Fees —� Deed to property Impact Analysis Statement �l%t Verification of taxes paid— Proffer Statement 10 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Greig D.W. Aitken and Tonie M. Wallace 6. A) Current Use of the Property: RA/B2 B) Proposed Use of the Property: RA/B2 - Amend uses proffered on December 12, 2001 to include: Restaurants (SIC 58); Theatrical Productions (SIC 7922); Hotels (SIC 70); and uses accessory to using the property for events. 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See List S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property fronts onto both Jordan Springs (Route 6641 property at the intersection). 1i 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family: N/A Non -Residential Lots: Njg_ Mobile Home: NIA Hotel Rooms: N/A_ Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: NIA Restaurant: N/A Warehouse: N/A Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfiilly make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the siZD gn issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Conunission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. 12 D7j_V_a_ /, Date:. �,� a' Date: t � �Cele a Date: Prrperty _be; q,;;.- Ivlz�ist-'.t._ z -. !Jtrict Pr7b ! ur Prelirnitiar jtWy,j Farsuanz t6 Sc., ian cl, - of 'be code oPvirg:ni.:_ 1?50, as Amended, and the provisions of the Frederick County Zwning Ordinance with respect to conditional zoning, the under Y�w�} �_` , offers that in the event the Board of Supervisors of Frederick C k)iLrity_ v ira.irita, sijali a}.,p,atie Rczoning f plica:;:: s -3 -t;' fir th-j_�anin� of 1033 (+/••; 3-'�fTom Arra 4R:a+ • Zomrig Districa :a Ueuc;at (B-2), Zoning District tY:,.; i; s.%a (HA) Overlay Zone. Dc-eclopmerzc of the subtcct property shall be done Lu eonfarmity with the terms and conditions set forth h--eiu., exuupt to the extent that such -trms arib conditions may be subsequently amen:.: or revised by the applicant and such ,, by the Fredeziick County Board of :I'upervisars in accordance with Virginia law. In the cvtnt that such, rezoning is not granted, then these proffers shall be doemed a ithd, have ria effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Bo£i�' �f :-rr~ �,c �s far the C: �:nrr rf .��A-ir I_��.nia pgroves the rezoning far the 10.33 t+ ' i t :res the r:�W a Trarisnov!::ri;;:j y. i,211TL.w t+��..',`�`'� r7•�{f"•.::_., �: �•�- ;ttlCl 2.1: '�'$c25 J� j.3�—:iii.'',:Aanning stage in accoi-daace with the Vitgit3ia Department of Transportation (VDGT) standards. PrOVIde ua.? aian i 3ut1 Iz mat_' l_-_• VDOT. Ex& aiieus slsall bx; lir iii :d -ra iw e i:) 1 ct:tr—r ccs onto P i -1 -: tA4. All cnt^r^ces shalt be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Eaginecring, accounting, rescarch, management and related services. General business offices Publir buildings Residential uses which are accessory to allowed business uses F. a - REZONING REQUEST PROYFER :� i f:r-. fl;: P L � the allowed bu!duess sign to one 6gn- The sign pba)l ba aF M0111aunt-tyDe c-oilstrurtioa aftd (30) S'Taam E"4t -;I -1-acard. r- Ov L'io".- e . "- fracing along, the paratneitrot he IaLou.-, srst6m pond t -t4 rvices the 10.33 (+/-) acres. Tli ca;:ditixmi pr--F--e4 et,)vr- sjiaM be bind ng- upon the heirs, cxccutm-s, admini3umom, 4�t and Ow=. in Illi evcizt thd Et-e'd.eyick -5 ip interc--t of the A -pp -h of Supervisurs grant said rawning and accepts thew conditions; the r'—(UT;Prs %) to other requir=ems SDI J -E- F--d--rirk Cf U-1aty f C PROPER:.—LY UWITV.GR F-ti-Irmatxxef df- jdait Holy Py- (S�giiatirc) Ar STA -TE OF M. kRYLAND, AT LAR(YE MUNTWNIERY CCjIJN-1-Y, To -wit The forcping instr=eat was acknowledged before me ttds 71 t day of December, 2001. ],',lotary Public: govised 12/05/ZOO I pr -r Frtd�ck Cxuaty 82&ad phWmbIA f-O.-amulan L,0111a=lm. 1JTPL P.e3 .. #f. Jordan Springs s „ Greig Aitken Et Proffer Revision Toni Wallace �,,.•"� Y ti__ i„� . , ,fir Current Zoning PIN: 44 -A 294 Awl- V Case Planner 4"U�rki,a Gov ,.,." �`!_�,�� �f �.,� ERY RIDGE RD - �,�• to y20LD CHARLC5 OWt9 � �'� ii ted.; ✓�'rrg.i°r ! r' :•..s'� - ^' .� � .p �_ � �"�. .� . ' '�� ,ey� ♦r s 660, grogsgo ' ,664, 10 acres. �a (aPP.ros loc):�, J Awl- V Case Planner 4"U�rki,a Gov �'y ewn - tlYP v z"W14 •1 6,�H ..I du. nl'IY zM I' .n N 9. TL iIMv4 I.L�I tDi 1 _) dt5'@teelr INpP n uh ', R.l iRwal a,ea nunsn FS .ICN pR], ROPdIRBl14015 HifArnn. Ii h.od D- xfl4ftEPIE n'eAtntPII gQiuh'rt In ilnduq Lt.ehe al DlR ! R��ReM .IPI wed�`a,wu[nh Dt4,i�il P3�AntlnNnl Pnlomwiebsh.h �U�4auf elq�mew \,ea Bi�AnYie...� ,.1n�s�i.a� Ig �Ht�n F4.—D-1- 4W IIHI Tltl�ile Hane \'a n�i M,icil �2fRextlmtwtRn,whohai�anmwvvPW,vYi N m'SA 0 125 260 600 Feet 7 i i 0 h,oRR y20LD CHARLC5 OWt9 660, grogsgo ' ,664, �a to Pirv1661 7 J �'y ewn - tlYP v z"W14 •1 6,�H ..I du. nl'IY zM I' .n N 9. TL iIMv4 I.L�I tDi 1 _) dt5'@teelr INpP n uh ', R.l iRwal a,ea nunsn FS .ICN pR], ROPdIRBl14015 HifArnn. Ii h.od D- xfl4ftEPIE n'eAtntPII gQiuh'rt In ilnduq Lt.ehe al DlR ! R��ReM .IPI wed�`a,wu[nh Dt4,i�il P3�AntlnNnl Pnlomwiebsh.h �U�4auf elq�mew \,ea Bi�AnYie...� ,.1n�s�i.a� Ig �Ht�n F4.—D-1- 4W IIHI Tltl�ile Hane \'a n�i M,icil �2fRextlmtwtRn,whohai�anmwvvPW,vYi N m'SA 0 125 260 600 Feet 7 i i Memorandum To: Candice Perkins, Senior Planner, Frederick County From: Richard Bell, President, Preservation of Historic Winchester (PHW) Date: 14 September 2009 Re: Historic Overlay (HA) Zone As you meet with the Historic Resources Advisory Board I would like to offer the following in support of your efforts: Preservation of Historic Winchester (PHW) is a membership advocacy organization that "exists for the purpose of safeguarding the heritage of the Winchester and Frederick County community and for assuring a quality of life for tomorrow represented by the best of the area's past. To the end that this goal may be encouraged among the people, and the charm of their community maintained and improved, this organization shall, through a program of education, enlist support for and participate in the preservation, restoration and ownership of sites, buildings, structures, and objects significant to the cultural, social, political, economic, and architectural history of the Winchester, Virginia area." This is directly from the Mission Statement of the organization. The purpose of this letter is to lend our support in your efforts to further define and refine the county Historic Area Overlay Zone (HA). This is clearly within the mission of our organization. PHW is often viewed as synonymous with the City of Winchester historic district or the Board of Architectural Review (BAR) that is appointed by Winchester city council to administer their local historic district. While we may have similar goals relative to Winchester's very specific local historic district our vision is more global in scope. One of the biggest challenges of our organization is in addressing the misleading and poorly characterized information that is circulated about preservation efforts in general. Recent articles and editorials in the local press about the Winchester BAR as well as the potential of establishing an historic district in Middletown clearly show the need for our continued education and advocacy for preservation issues. The efforts of preservation through zoning are no different than the underlying principal of zoning itself, a generally accepted norm, and not unlike the requirements of other community oversight tools such as uniform building codes, fire and life safety codes, site planning and transportation design guidelines and the many other layers of community level management. This is where the larger community establishes what is important, requiring oversight and some level of regulation. Those who will most strongly resist oversight or the establishment of an historic district would also resist the other layers of community management already in place and generally well accepted for the overall well-being. Your efforts can establish an overarching philosophy of what is important and necessary for the protection of our community resources for generations to come. While as individuals we may be all well intentioned it is not reasonable to expect that we will all make decisions that are best for the community at large. It is human nature to think of self first particularly when it comes to maior commitments of personal resources (our time and money); primarily with our investment in our real property (our buildings). In our community, with existing efforts to manage safety, access and efficiency of our community infrastructure, it is reasonable to expect that we should also manage our aesthetic and our cultural resources. They are not only a representation of a community's identity but also have a large positive impact on an area's economy and are the foundation of our distinctiveness. Just as the City of Winchester is actively evaluating its historic district guidelines Middletown is determining what is important and worth protecting under its own unique sensibility. Each community has the right and the responsibility to evaluate and enact protection of what it feels is important. Preservation efforts help to focus a community to avoid reactionary changes or approaches where community resources can be permanently lost. Most who drive through Middletown will agree there is a charm and character that is economically attractive and worth preserving. It is only through introspection and dialogue that a community can identify what is the basis of that charm and the strength of that character. We encourage this active dialogue and offer our resources in their efforts to preserve what is important. Building codes have been around for but a century and zoning has only existed since the 1920s yet these are considered as normal and customary means of community management. Preservation efforts in the U.S. have been around for just as long and even longer and yet have a much harder time being accepted. The challenges in establishing a community preservation effort are in the details. The establishment of design guidelines, as well as organizational policies and procedures will lead to the greatest success of this community management tool. These should help to guide property owners through the process of property repairs and maintenance, additions to existing buildings as well as total rehabilitation projects and even new construction so as to be sympathetic to the established aesthetic. A community aesthetic can disintegrate quickly or over a period of years but once it is clearly damaged by inappropriate efforts it is difficult, if not impossible to regain. The Historic Resources Advisory Board is established to be that voice of the greater community. PHW is a resource to the Winchester and Frederick county community in efforts to preserve and maintain our area cultural resources and our community aesthetic. We support economic development through such efforts and offer resources to assist in making educated and appropriate decisions for a well managed community. We have too much at stake to allow the further erosion of our cultural foundation.