HRAB 09-15-09 Meeting AgendaMEMORANDUM
TO: Historic Resources Advisory Board
FROM: Candice E. Perkins, AICP, Senior Planner k b,
RE: September 2009 HRAB Meeting Agenda
DATE: September 4, 2009
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday,
September 15, 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
HA Historic Area Overlay Zone. Discussion on revisions to Chapter 165 — Zoning,
Part 703 — HA Historic Overlay Zone.
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
Item # 1.
HA Overlay Zone Revisions
The Historic Overlay (HA) Zone was adopted by the Board of Supervisors in November of 1991.
This district was intended to enhance and aid in the preservation and protection of historic
resources in the County. The current overlay zone contains criteria for establishing districts
(rezoning process), criteria for determining historic significance, general regulations (revisions to
be approved by the HRAB, demolition, sale) and administration. The current overlay zone does
not contain any design criteria for development or alterations and, therefore, any landscaping,
parking and the like would have to follow the regulations of the underlying zoning district. In
1995, a set of guidelines for new construction within the overlay zone was presented to the
Board of Supervisors. These guidelines were not approved because it was felt they were too
specific and to date no other changes have been proposed to the HA Zone.
Staff is now proposing revisions to the HA zone to address certain design elements for new
construction within the zone as well as other minor updates and revisions. Specifically, the
revisions and additions include: revisions to the general regulations, addition of guidelines for
construction or alterations, additions to the administration section.
Staff is seeking comments from the HRAB on this proposed ordinance amendment. Comments
will be forwarded to the Development Review and Regulations Committee (DRRC).
Attachments: 1. Revised ordinance with additions shown in bold italics and deletions
shown with a strikethrough.
ARTICLE VII
OVERLAY DISTRICTS
Part 703 — HA Historic Area Overlay Zone
§ 165-703.01 Intent.
The HA Historic Area Overlay Zone 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,
agricultural, military, industrial or architectural history in order to:
A. Foster civic pride and an appreciation for 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.
§ 165-703.02 Establishing overlay boundaries.
HA Zones may be created by amending the Zoning Chapter as provided for in Article I of this chapter. Following a
public hearing, the Historic Resources Advisory Board (HRAB) may Initiate a proposal to the Planning
Commission and the Board of Supervisors for amendments, including the establishment of HA Zones and the
revision of existing HA Zones. A proposal for such amendment(s) may also be submitted by residents of an area
that wish it to be designated as an historic area.
A. The HRAB or applicant shall submit a report to support the proposed amendment. The report shall suggest
the historic boundaries as well as describe the historic and/or architectural significance of the buildings,
structures or sites to be protected, current planning affecting the area, present development trends and
conditions in the area and the public objectives for preservation.
B. A public hearing shall be held by the Board of Supervisors prior to adoption of a proposed zone. Notice shall
be sent to all property owners within the boundaries of the proposed zone, indicating the time and place of
the public hearing. The notice shall also state that residents may express their opposition to the proposed
district in writing. The Board of Supervisors shall alter the boundaries of the proposed zone to exclude those
property owners expressing opposition.
C. Any area to be designated as an HA Zone shall in fact include landmarks, buildings, structures or sites
determined to be of historical and/or architectural significance. All stated recommendations of the HRAB
which supplement or modify the general regulations of this article may be adopted by the Board of
Supervisors and applied to the zone created.
D. At the time an overlay zone is established, the Board of Supervisors may create an additional position and
appoint a member to the HRAB. The member appointed shall be the owner of property within the newly
established zone and shall serve a term of two years_
§ 165-703.03 Criteria for determining historic significance.
1
The significance of an historic area shall be based on cultural, architectural and historical factors and shall be
documented in a written report, which shall include a discussion of the following:
A. Architectural style.
1) Presence of distinguishing characteristics of a recognized style.
2) Significance of architectural design.
3) Scale and/or interrelationship of structures and/or environmental features.
4) Significant patterns of development.
5) Quality of workmanship.
6) Amount of surviving original material.
7) Original location and/or use.
8) Remaining outbuildings or dependencies.
9) Surrounding environment, gardens, landscaping and walks.
10) Overall aesthetic quality.
11) 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.
C. Additional information.
1) A description of existing structures and uses likely to have an adverse effect on the 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) A list of structures within the zone which notes which structures are contributing and which are not.
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.
2
3) 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.
4) Recommendations concerning supplemental regulations to be applied to the historic area under
consideration for the purpose of preventing changes which are incompatible with the buildings,
structures or sites to be preserved. Such regulations 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 and the control of significant exterior alterations to existing buildings.
§ 165-703.04 General regulations.
Within the Historic Area Overlay Zone, these regulations shall apply:
A. New construction, reconstruction and significant exterior alterations. No building or structure, including
signs, shall be erected, reconstructed or substantially altered in exterior appearance unless the HRAB
approves of the proposed activity's compatibility with the historic, cultural and/or architectural aspects of
the zone and issues a certificate of appropriateness. All requests for construction reconstruction and
significant exterior alterations presented to the HRAB shall be in conformance with § 165-703.05,
Guidelines for new construction and alterations.
B. Matters to be considered in passing upon the appropriateness of construction, reconstruction or significant
exterior alteration of buildings or structures by the HRAB. The HRAB shall not consider interior alterations
and shall only impose restrictions for the purpose of preventing development incompatible with the historic
aspects of the area.
C. The HRAB shall consider the Secretary of the Interior's Standards for Rehabilitation and the following in
evaluating the appropriateness of architectural features:
(1) The extent to which the proposed action will affect the overall character and continuity of the area.
(2) 1.'hether elements of the general design, such as scale, height and proportion of the proposed work are
visually compatible with the surrounding area.
(3) Whether the texture and materials proposed are compatible with existing structures in the area.
D. Demolition. No contributing building or structure within any HA Zone shall be demolished or removed, until a
certificate of appropriateness is issued by the HRAB. The demolition or removal of a noncontributing
structure may be authorized by the Zoning Administrator.
E. 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:
1) Would the removal be dee ; tal to- the publicinterest? Is the historic resource of such architectural
cultural, or historical interest that its removal would be detrimental to the public interest?
2) Could the building only be reproduced at great expense or difficulty due to its unique or unusual texture,
material or design?
3
3) Would demolition of the structure result in the loss of a significant historic place or resource in Frederick
County?
F. Offer for sale. The owner of a building, structure or site in a historic district shall, by right, be entitled to
demolish the same, provided that:
1) The property owner has applied for a demolition permit.
2) The property owner has made a bona fide offer to sell the structure and land on which it is located to an
individual or group which makes reasonable assurances that it will preserve the landmark. The property
shall be offered at a price reasonably related to its fair market value as determined by an independent
appraisal for the period established by the schedule below:
Time Period (months)
Asking Price
3
Less than $25,000
4
Between $25,000 and $40,000
5
Between $40,000 and $55,000
6
Between $55,000 and $75,000
7
Between $75,000 and $90,000
12
Over $90,000
G. Hazardous buildings or structures can be demolished without consideration by HRAB with written approval
of the Zoning Administrator, stating the conditions which justify the demolition.
H. Moving or relocation. No landmark, building or structure within a district shall be removed or relocated if the
move would be detrimental to the public interest or the historic integrity of the structure unless approved
by the HRAB.
I. Uses permitted. Within the Historic Area Overlay Zone, general regulations and permitted uses shall be the
same as provided within the respective underlying zoning districts except where such regulations are
modified or amended by recommendation of the HRAB and adoption of the Board of Supervisors.
J. Exceptions. Where the strict interpretation of these regulations creates an undue hardship, the HRAB may
make recommendations for reasonable exemptive relief.
§ 165-703.05. Guidelines for new construction or alterations.
A. New construction should be consistent with the historical appearance within the particular HA Zone New
construction should represent the era which other contributing structures were built and be designed in a
manner that complements the existing historic character. All new construction should protect and preserve
C!
significant archeological resources. The HRAB may use its discretion in determining an applicant's degree
of compliance, as long as a proposed design is consistent with the purpose and intent of the HA Zone
B. Mew construction should maintain a height and scale which is compatible with adjacent buildings and
other existing structures in the historic area.
C. Items such as mechanical equipment, meters transformers HVAC equipment and dumpsters should be
visually screened from public view.
D. Signage within an HA Zone shall be located designed and configured to be in character with the historic
and scenic settings of the historic area and shall not visually dominate buildings or sites Free-standing
signs shall not exceed twelve feet in height and fifty square feet in size and only one freestanding sign shall
be permitted per parcel. Wall mounted signs shall be limited to twenty feet in height above grade and only
one building mounted sign not to exceed fifty (50) square feet shall be permitted per building face
E. Parking areas should be designed to maintain the integrity of an areas historic nature by minimizing the
dominance of the automobile. Parking areas should be placed as to not deemphasize the main structures
in the HA Zone. Parking areas within an HA Zone shall conform to the parking space and landscaping
requirements of § 165-202.01 but shall not be subiect to the surface materials and curbs and putters
requirements. Parking areas within HA Zones shall be permitted to utilize brick pavers pea gravel or
similar materials so long as a dust -free environment is maintained Parking surfaces comprised solely of
unfortified qrass areas are not acceptable.
§ 165-703 06 Administration.
A. Zoning Administrator. The County Zoning Administrator shall not authorize a permit for any erection,
reconstruction, significant exterior alteration, demolition or razing of a building, structure or site in the HA
Historic Area Overlay Zone until the same has been approved and a certificate of appropriateness issued by
the HRAB, following the procedures set forth below.
B. Upon receipt of an application for such a permit in the Historic Area Overlay Zone, the Zoning Administrator
shall follow the procedures below:
1) 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 shall be forwarded to the HRAB.
2) A file of all such applications and related materials shall be maintained.
C. Materials to be submitted for review. Twelve copies of all materials prepared in relation to the application
shall be submitted by the applicant. The Zoning Administrator or the HRAB may require submission of any or
all of the following_ 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 and relationships to adjoining structures) and such other exhibits and reports
as are necessary for these determinations.
D. Fees. The Board of Supervisors shall establish a schedule of fees for the submission and review of an
application for a certificate of appropriateness.
E. Other approvals required. In any case in which an applicant's proposal also requires the approval of the Board
of Zoning Appeals, approval by the Board of Zoning Appeals shall be obtained prior to action by the HRAB.
F. Action of the Historic Resources Advisory Board.
1. The HRAB shall return, within 60 days after submission of the application, its decision concerning
granting a certificate of appropriateness for the erection, reconstruction, significant exterior alteration,
restoration, razing or demolition or relocation of all or part of any building within the HA Zone. The
HRAB shall apply the following criteria for its evaluation of any application:
a) Risk of substantial alteration of the exterior features of a historic resource
b) Compatibility in character and nature with the historic architectural or cultural features of the
historic overlay district.
c) Exterior architectural features, including all signs.
d) General design, scale and arrangement.
e) Texture and material.
f) The relationship of the size, design and siting of any new or reconstructed structure to the
landscape of the landscape of the district.
(1?1 If the HRAB grants a certificate of appropriateness, it shall authorize the Zoning Administrator to issue a
permit for the work specified in the application. If the HRAB disapproves the application, the reasons
shall be stated in writing and forwarded to the applicant, and the Zoning Administrator shall disapprove
the application for the required permit. 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 HA Zone. If the applicant determines that he will make the suggested changes,
he shall so advise the HRAB in writing, which shall act accordingly.
2-3j In the case of disapproval, the application shall not be resubmitted for consideration until 12 months
have elapsed from the date of disapproval unless the indicated changes in plans and specifications have
been incorporated into the reapplication. The applicant may appeal the disapproval to the Board of
Supervisors.
0
Item # 2
Jordan Springs Proffer Amendment
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:
• Restaurants
• Theatrical Productions
• Hotels
• Accessory Special Events
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.
REZONING APPLICATION FORiIM
FREDERICK COUNTY, VIRGINIA
'o be completed by Planning Staff:
ting Amendment Number.
Hearing Date
Fee Amount Paid $
Date Received
BOS Hearing Date_
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Ileal Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Greig D.W. Ai rt:Pn & Tbni 2 Wallace Telephone: 540.667 _ n6on
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 following items hat have been included with this application!
Location map t Agency Comments ✓
Plat �� Fees
Deed to property Impact Analysis Statement r✓l
Verification of taxes paid �� Proffer Statement
10
S. 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
8. 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 664)
.�. ... u •_W1•. .� NN _.
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: NIA
Non -Residential Lots: N/A 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: NIA
Other: N/A
10. Signature:
I (we), the undersigned, do hereby respectfully 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 proposes.
I (we) understand that the sign 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.
Applicant(s): /
12
Date-
Date:
ate•Date:
Date:
Date:
n
N. x.7.71 a. _ pq'
Prrperty Identification N:.1'Q� •�- i-�j;7
Prza. of?
Prelirninary-j}jt1,J-A
Pursuant t6 �c ; idn I5.1-2�`-5 "r. sem _ of 'ire code oTVirWni:._ 1P50, as mended, and the
provisions of the Frederick County Zoning Ordinance with inspect to conditional zoning,
the undcr�:,5 _: r: _ ���-_` , r_nffers that in the event the Board of Supervisors of
Frederick C:�tiu,?v_ v itaiLua t LIall d},y,ase Rczarung �.ppiica.i�.: 7� i3 --C' fir the :tZoning of
10.33 morn !If—P0 asp {R,1j . Zoning Di3rrici to i3u6itias5 ve,,c,;44 (3-2; Zoning
A %a (HA) Overlay Zone. DcYclopmem: Qi the sut3ject prapt;-.ty Shull
be done isi conformity with the tams and conditions set fortis herein, except to the extent
that such 'cmzs aao conditions may be subsequently amm-e4 or revised by the applicant
and such ;',--pl_mve-t by the Frederick County Board of :'unervisors iu accordance with
Virginia law. In the cvc-nt that such rezoning is not graitted, then these proffers shall be
deemed w i bd-aw-u .:iA have no effect whatsoever.
The undersigned, that owns the above described property, nereby voluntarily proffers th<d
if the BOr1' FI r,:: isc Ys ft;r the C::zit•; r -f :�-edf!-ir_- Nt;,'nia �ppmvcs the rezoning for
the 10.33 r+ ' 1 t .res the rs gnc a .:'.I
Transpol ii: da.i
��1:11L : �!�-`'� �r�ff " --:•�• knd ate -','sis st 1_`2F-si%3 nlasiving stage in accordance
with the Virginia Department of Transportation (VDCT) standards.
ProYiae uec�sa�~z•rigrtr :�f' wa;� ai:iuk �tvuw::;a�; :c:l r3at'. _:l.:�rCiV.:,::��.:f= f:::_ VD(?T.
hxru auce, sl:all bet iriit,xi w iv; c c" L-rxes onto T's --I: W All
ent--a-:ces shall be constructed in accordance with VDOT standards and Frederick
County standards.
allowed U -"
Limit the allowed aces to:
Health Services
Legal Services
Engineering, accounting, mscarch, management and related services.
General business offices
Publie buildings
Residential uses which are accessory to allowed business uses
-P.-RZON NG REQUEST PRUFFER
Li t `,hc allowed business sign to one sign. The sign AA be of monwncnt-type
c::astruc;tiorn and tiiniled to fu,j (50) sz�aam f"z t.a ci_-a p3ac.;!rd.
� �_'-n'.�3lll'�SnFfilRCrits fuL'-�A� ;i2W2TS9�� � �:,tL`S;t l��ls::l
e icing along Ehe naratneie.
pond VW ar.rvices the 10.33 (+/-) acres.
Tito r, _+i: ru pT--f{'efred t4b wr stiali he bind nsr aeon the heirs, executrn-s, adttrini3u-axva-s,
in interc--t of the Applicant and Ow=. in Lb,- evmt tba Frederick
._�
&-L' of Supervisors grant stud rezoning and accepts Use condiiiurs; the
rrntljt� r5 sha11 -';j F' : r. ' :.. ,; :,'. r- :.'s:tiori to other requirements se!
PROPERTY OWNER
of the ?otos# Huey r i°in ty
STATE OF M.4R.YLAND, Ar LAR(YE
MON'TWMERY COUNTY, To -wit:
The forcgaing instrument was acknowledged before me this 71 th day of (ieceribe r, 2001.
�.riv%.nmrrllSslUilC7f�i�iw: ,1111! i 7
Notary public:
Revised 12/05/2001 per Frederick County 5 and Plwxink 4,w mniuwn wIIIM lus.
JTFL P.03
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Jordan Springs
Greig Aitken Et Proffer Revision
Toni Wallace
Current Zoning
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