HRAB 11-17-09 Meeting AgendaCOUNTY of FREDERICK
i Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
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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
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•
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
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•,10,/31/2012.!
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The foregoing instrument was acknowledged before me this3-4,day of November,
2009, by Tonic M. Wallace.
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Registration No.: _a4 c�
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'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
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Prrperty _be; q,;;.-
Ivlz�ist-'.t._ z -. !Jtrict
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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
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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
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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:
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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.