Loading...
HRAB 03-17-15 Meeting Agenda COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202  Winchester, Virginia 22601-5000 TO: Historic Resources Advisory Board FROM: Candice E. Perkins, AICP, Senior Planner RE: March 17, 2015 HRAB Meeting Agenda DATE: March 9, 2015 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, March 17, 2015, at 6:00 p.m., in the Board of Supervisors Executive Session Room* in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. Th e HRAB will discuss the following items: AGENDA 1. Minutes.  February 2014 2. 2015 HRAB Meeting Dates. 3. Review of the Rezoning Application for the McCann Slaughter Properties. 4. Review of the Rezoning Application for the Blackburn Property. 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/pd Attachments MEMORANDUM Frederick County Historic Resources Advisory Board (HRAB) February 18, 2014 Board of Supervisors Executive Session Room of the County Administrative Building 107 North Kent Street Winchester, VA Members Present: Lauren Murphy, Elizabeth Fravel, Mary Turner, Denny Perry, Stacey Yost, Chris Oldham , Gary Oates, Maral Kalbian Members Absent: Claus Bader, Clint Jones, David O’Neil Staff Present: Candice Perkins Applicants Present: Gary Oates on behalf of the McCann Slaughter Family Agenda Items: December 2013 Minutes, 2014 Meeting Dates, CPPA Application for the McCann Slaughter Properties Call to order at 6:30 PM. Item 1: May 2013 - minutes approved with two changes. Item 2: Meeting dates were acknowledged. Item 3: Continued Discussion from the December 2013 meeting on the CPPA Application for the McCann Slaughter Properties. The applicant discussed a small commercial area in addition to the OM Land Use Designation (OM) somewhere along the new road. The representative from SVBF was not aware of the changes; he stated that the foundation feels that this is a very important property because it contains core area for the second and third battlefields. The Foundation currently holds easements on the nearby Shockey property (with a battery from second Winchester). He further stated that in 2005 they approached the family and asked permission to do an appraisal so they could make an offer. They offered an easement and a fee simple purchase and the appraised value was not accepted by the owner. They have not been in touch with them since. The foundation would like to acquire the property or an easement and would offer fair market price as an offer. The SVBF would be in contact with the family and hopefully pursue an offer. It's an important part of the two battlefields that the foundations already own parts of. During the Third Winchester, there was a Calvary mass rode down the corridor. They took over Fort Collier and Star Fort and then swept the confederate forces away. One of the largest Calvary masses occurred at Stephenson’s Depot. It was questioned whether Route 37 would impact the viability of the site? North of Cedar Creek Battlefield there isn't a lot of land that has retained its integrity. This property and some sites south of Redbud Road are pretty much all that's left of Third Winchester that hasn't lost its integrity. The Foundation tries not to buy isolated properties. He further stated that view shed protection is part of what they also look at and that value is higher if the property is adjacent to an already protected site. This property is already impacted by the presence of the railroad. At one time the foundation was also looking at some other properties along McCanns Road. From the Civil War and colonial standpoint this property is a gem. He further addressed the Shockey five acre lots, which they were working with them back in 2009 but that didn’t work out; t hings haven't worked out in the northern part of the County as the foundation had hoped. It's all open land now and one person can pull the pin out and cause the entire area to potentially develop. If the property is developed, it should be buffered as much as possible. The HRAB then discussed the trails proposed in the CPPA application, and questioned the purpose and value of them. Within battlefields, you are there to see the landscape as it was at that time. The Snowden Bridge type trails are recreation and have no historical value. It's more of an intrusion, not protection of the area. Who would want to walk around an industrial park other than employees? The HRAB also noted that with Greystone they didn't provide any trails, and this development would provide connections. It wouldn't be historic, but a connection. The HRAB was torn with this application. They were not happy with removing the DSA from a core area of two battlefields. They felt that there wasn’t much guidance from the existing text for what the current plan calls for. What does the DSA actually mean? The Comprehensive Plan said to develop the UDA, but the Comprehensive Plan also states the need to preserve battlefield. The HRAB stated that the plan should leave the DSA in one area and show the remainder as OM designation and that text is needed to describe how the property should be developed. There was a battlefield preservation plan done in 1999 that focused on the area south of Redbud Road. The County has looked at some preservation and did a good plan at that time. When looking at the SVBF maps online, this property was more important with the second than the third. The applicant pointed out that Stephenson Depot isn't actually on this property; it's a little north on the Cutshaw property. Buffer should be on the floodplain area and the front corner of the site. The HRAB stated that they can't fix the issue that there isn't text that goes with the plan. The DSA became a catch all for all uses, and it's not defined. The HRAB discussed whether the property could be developed sensitively. It appeared that the County doesn't want to show both uses (DSA and OM), because it could possibly be manipulated. The HRAB still would like to see both uses on the property and have text that supports it. Retain the DSA along the floodplain and historic area and show the remainder as OM designation. Hopefully and easement can be established on the reminder.  Motion was presented to preserve the DSA on the area west and north of the stream, the rest is fine for changing the zoning. The limits would be the floodplain area as defined. The motion fails. The HRAB discussed an approach to not remove the DSA at all. It's an area that has two core areas and the Comprehensive Plan states to preserve these areas. The purpose of the HRAB is to support historic preservation. If the CPPC supports the changed land use, then they can decide differently. Personal feeling is not to remove the DSA. There is policy that supports the preservation. Second preference would be a sensitive development.  A second motion was presented to recommend denial of the CPPA, this motion was seconded and approved. The HRAB felt they had insufficient information to support the request and that the Comprehensive Plan supports the preservation of battlefields. The property in the past was already determined to be important by the initial designation as DSA. It's core, it's important. Other comments: It's not the job to figure out what sensitive development is. The HRAB needs to focus on the historic element of the property. The HRAB was concerned about the text that would be forwarded to the Board of Supervisors since it would not come back before the HRAB. This site is very cutoff from the rest of the battlefield. Since he doesn't have the historic details, we can't make a decision. If we keep going like this, we keep chipping away at the battlefield. It is very difficult to tell from the maps, when it comes to battlefield unless you do archeology. It's the collection of what is left of the collection of properties. Unlike historic sites you can look at and determine the integrity, battlefields are a more fluid endeavor. It is the collective value of what is left. Who should the burden of proffer be on, the HRAB or the applicant? We have been requiring more information with recent applicants. This is a historic landscape, but the burden should fall on the HRAB/County. Meeting was adjourned at 8:00 p.m. FREDERICK COUNTY HISTORIC RESOURCES ADVISORY BOARD (HRAB) 2015 TENTATIVE MEETING DATES January 20, 2015 – cancelled February 17, 2015 - Cancelled March 17, 2015 April 21, 2015 May 19, 2015 June 16, 2015 July 21, 2015 August 18, 2015 September 15, 2015 October 20, 2015 November 17, 2015 December 15, 2015 HRAB meetings are tentatively scheduled for the third Tuesday of each month and begin at 6:00p.m. For further information, please call Candice Perkins at 540-665-5651. Item # 3 Rezoning Application for the McCann Slaughter Properties The Historic Resources Advisory Board (HRAB) has been asked to provide a comment pertaining to a rezoning application for the McCann-Slaughter properties. These parcels are identified by Property Identification Numbers 44-A-40 and 44-A-25B, in the Stonewall Magisterial District. The McCann-Slaughter parcels contain approximately 156.6 acres, near the intersection of Martinsburg Pike and Old Charlestown Road, on both sides of McCann Road, and adjacent to the CSX Railroad. The Board of Supervisors approved the previously requested CPPA amendment on August 13, 2014, this approved a designation of industrial, mixed use industrial/office and historic/DSA on the subject properties (see attached map) in the 2030 Comprehensive Plan. The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service identifies these properties as core battlefield area for the Battle of Third Winchester (Opequon) with retained integrity. The HRAB discussed the Comprehensive Plan Amendment for this site at the December 2013 meeting and the February 2014 meeting. The minutes from the meetings are attached. The applicant has proffered the following with this rezoning application:  Access shall only be from Old Charlestown Road (only emergency access would b e permitted on McCanns Road).  The applicant proposes to vacate a portion of McCanns Road, the remaining roadbed will be available to the general public as a trail.  A 30.243 acre portion of the site shall be preserved within an open space easement. Staff is seeking comments from the HRAB on the historical elements possibly impacted by proposed rezoning application. The comments will be forwarded to the Planning Commission and the Board of Supervisors. Attachments: 1. Application, Proffer Statement and Impact Statement 2. Relevant sections from the 2030 Comprehensive Plan 3. December 2013 and February 2014 minutes 4. Study of Civil War Sites in the Shenandoah Valley Maps and Text 2030 COMPREHENSIVE PLAN APPENDIX I – AREA PLANS NORTHEAST FREDERICK LAND USE PLAN MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Developmentally Sensitive Area (DSA) due to the environmental and historical features on and around the site, most notably Stephenson’s Depot. • Protection of the environmental features of the site. • Preservation of those areas identified with DSA’s and development limited to those areas to the south of the DSA’s and south of McCann’s Road. • Utilizing McCann’s Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area). • An O.M. (Mixed Use Office/Industrial) land use designation. • Access to be provided via a new north south road that would generally be adjacent to the border of the Developmentally Sensitive Area (DSA) providing access from Old Charles Town Road to McCann’s Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann’s Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area. • A buffer adjacent to McCann’s lane that is approximately 50’ in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at preserving this resource and its character, interpreting the historical landscape, and buffering the future development. • A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical DSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources. • The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road. • An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into the design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area. • The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Developmentally Sensitive Area). • The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact. • Historical signage consistent with currently used signage should be provided. • Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn’t changed. • Appropriate traffic controls should be provided on McCann’s Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. 0111 EAS YLIVI N G S T WIL L A R D ST JIRE H L N EBE R T R D MILTO N RAY D R OLD CHARLES T O W N R D MART I N S B U R G PIKE MCC A N N S R D MIL B U R N R D SNO W D E N B R I D G E B L V D FloodZoneA 44 A 40 44 A 25B ParcelsLong Range Land Use Rural Community Center Business Mixed-Use Mixed Use Commercial \ Office Highway Commercial Warehouse Industrial Heavy Industrial Mixed Use Industrial \ Office Extractive Mining Residential Planned Unit Development Mixed Use Age Restricted Urban Center Neighborhood Village Recreation Commercial Recreation Open Space Natural Resources & Recreation Park Historic \ DSA Fire & Rescue Institutional School I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 7, 2014Staff: mruddy MART I N S B U R G P I K E FAIR LN MILB U R N R D WE L L T O W N R D STE P H E N S O N R D OLD CHARLES TOW N R D EBERT R D WE L L T O W N R D 0181 MCCA N N S R D GUN C L U B R D AMOC O L N I81, AC C E S S I 8 1 , A C C E S S I 8 1 , A C C E S S Draft NELUP Admendment Approved: August 13th, 2014 0 1,000 2,000500 Feet Frederick County Historic Resources Advisory Board (HRAB) December 17, 2013 Board of Supervisors Executive Session Room of the County Administrative building 107 North Kent Street Winchester, VA Members Present: Lauren Murphy, Elizabeth Fravel, Mary Turner, Denny Perry, Stacey Yost, Chris Oldham , Gary Oates, Maral Kalbian Members Absent: Claus Bader, Clint Jones, David O’Neil Staff Present: Candice Perkins Applicants Present: Gary Oates on behalf of the McCann Slaughter Family Agenda Items: May 2013 Minutes, Historic Plaque application for the Carr-Brumback-Owens House and review of a Comprehensive Plan Amendment request for the McCann Slaughter Properties Call to order at 6:30 PM. Item One: The May 2013 minutes were adopted as presented. Item Two: Planner Perkins introduced the plaque application for the Carr-Brumback-Owens House owned by David Holliday. The HRAB stated that this was a well preserved property and recommended approval of the plaque application. The plaque application will be scheduled for the Board of Supervisors. Item Three: The Historic Resources Advisory Board (HRAB) has been asked to provide a comment pertaining to a requested Comprehensive Plan Amendment for the McCann-Slaughter property. These parcels are identified by Property Identification Numbers 44-A-40 and 44-A-25B, in the Stonewall Magisterial District. The McCann-Slaughter parcels contain approximately 160 acres, near the intersection of Martinsburg Pike and Old Charlestown Road, on both sides of McCann Road, and adjacent to the CSX Railroad. The properties are collectively designated in the 2030 Comprehensive Plan for various types of land uses, including Developmentally Sensitive Areas and Industrial. The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service identifies these properties as core battlefield area for the Battle of Third Winchester (Opequon) with retained integrity. The applicant’s representative presented a sketch of the proposed layout for a potential industrial park. The HRAB questioned if the requested industrial park could be laid out in a sensitive way, preserving the viewsheds and the significant portions of the property. The location of the existing historic markers was also considered and the impact the land use change would have on the viewsheds associated with the markers. The HRAB also inquired if the use of tax credits and the preservation of the property would be worth as much as the potential industrial land. The applicant responded that it would not. After further discussion, the HRAB questioned why the DSA needed to be removed. The DSA was originally created and shown on this property because of its historic nature and the HRAB wanted to know what had changed and why the Board should consider a change in land use. The HRAB was concerned with the removal of the DSA because this is the last bit of core battlefield within this area. The battlefield areas keep being eroded, first with the rezoning of Stephenson’s Village and then Graystone. The group also discussed the recently adopted 2030 Comprehensive Plan and the fact that one goal was to preserve battlefield areas. There are policies in place that support the preservation of core battlefield areas. The HRAB also wanted comments from the Shenandoah Valley Battlefield Foundation regarding the scale of the project and the impact it would have; it was rested that the foundation be invited to the next HRAB meeting. After the discussion, the HRAB requested that the applicant consider retaining DSA on the most significant portions of the property and consider office land use on the balance. The HRAB ultimately was comfortable with the requested land (low impact/sensitive industrial) use change so long as the discussed trail network was included and the most significant part of the battlefield remains in DSA. The HRAB then requested to see the text that is formulated by the CPPC that will be forwarded to the Board of Supervisors for their review. Meeting was adjourned at 7:15p.m. Frederick County Historic Resources Advisory Board (HRAB) February 18, 2014 Board of Supervisors Executive Session Room of the County Administrative Building 107 North Kent Street Winchester, VA Members Present: Lauren Murphy, Elizabeth Fravel, Mary Turner, Denny Perry, Stacey Yost, Chris Oldham , Gary Oates, Maral Kalbian Members Absent: Claus Bader, Clint Jones, David O’Neil Staff Present: Candice Perkins Applicants Present: Gary Oates on behalf of the McCann Slaughter Family Agenda Items: December 2013 Minutes, 2014 Meeting Dates, CPPA Application for the McCann Slaughter Properties Call to order at 6:30 PM. Item 1: May 2013 - minutes approved with two changes. Item 2: Meeting dates were acknowledged. Item 3: Continued Discussion from the December 2013 meeting on the CPPA Application for the McCann Slaughter Properties. The applicant discussed a small commercial area in addition to the OM Land Use Designation (OM) somewhere along the new road. The representative from SVBF was not aware of the changes; he stated that the foundation feels that this is a very important property because it contains core area for the second and third battlefields. The Foundation currently holds easements on the nearby Shockey property (with a battery from second Winchester). He further stated that in 2005 they approached the family and asked permission to do an appraisal so they could make an offer. They offered an easement and a fee simple purchase and the appraised value was not accepted by the owner. They have not been in touch with them since. The foundation would like to acquire the property or an easement and would offer fair market price as an offer. The SVBF would be in contact with the family and hopefully pursue an offer. It's an important part of the two battlefields that the foundations already own parts of. During the Third Winchester, there was a Calvary mass rode down the corridor. They took over Fort Collier and Star Fort and then swept the confederate forces away. One of the largest Calvary masses occurred at Stephenson’s Depot. It was questioned whether Route 37 would impact the viability of the site? North of Cedar Creek Battlefield there isn't a lot of land that has retained its integrity. This property and some sites south of Redbud Road are pretty much all that's left of Third Winchester that hasn't lost its integrity. The Foundation tries not to buy isolated properties. He further stated that view shed protection is part of what they also look at and that value is higher if the property is adjacent to an already protected site. This property is already impacted by the presence of the railroad. At one time the foundation was also looking at some other properties along McCanns Road. From the Civil War and colonial standpoint this property is a gem. He further addressed the Shockey five acre lots, which they were working with them back in 2009 but that didn’t work out; t hings haven't worked out in the northern part of the County as the foundation had hoped. It's all open land now and one person can pull the pin out and cause the entire area to potentially develop. If the property is developed, it should be buffered as much as possible. The HRAB then discussed the trails proposed in the CPPA application, and questioned the purpose and value of them. Within battlefields, you are there to see the landscape as it was at that time. The Snowden Bridge type trails are recreation and have no historical value. It's more of an intrusion, not protection of the area. Who would want to walk around an industrial park other than employees? The HRAB also noted that with Greystone they didn't provide any trails, and this development would provide connections. It wouldn't be historic, but a connection. The HRAB was torn with this application. They were not happy with removing the DSA from a core area of two battlefields. They felt that there wasn’t much guidance from the existing text for what the current plan calls for. What does the DSA actually mean? The Comprehensive Plan said to develop the UDA, but the Comprehensive Plan also states the need to preserve battlefield. The HRAB stated that the plan should leave the DSA in one area and show the remainder as OM designation and that text is needed to describe how the property should be developed. There was a battlefield preservation plan done in 1999 that focused on the area south of Redbud Road. The County has looked at some preservation and did a good plan at that time. When looking at the SVBF maps online, this property was more important with the second than the third. The applicant pointed out that Stephenson Depot isn't actually on this property; it's a little north on the Cutshaw property. Buffer should be on the floodplain area and the front corner of the site. The HRAB stated that they can't fix the issue that there isn't text that goes with the plan. The DSA became a catch all for all uses, and it's not defined. The HRAB discussed whether the property could be developed sensitively. It appeared that the County doesn't want to show both uses (DSA and OM), because it could possibly be manipulated. The HRAB still would like to see both uses on the property and have text that supports it. Retain the DSA along the floodplain and historic area and show the remainder as OM designation. Hopefully and easement can be established on the reminder.  Motion was presented to preserve the DSA on the area west and north of the stream, the rest is fine for changing the zoning. The limits would be the floodplain area as defined. The motion fails. The HRAB discussed an approach to not remove the DSA at all. It's an area that has two core areas and the Comprehensive Plan states to preserve these areas. The purpose of the HRAB is to support historic preservation. If the CPPC supports the changed land use, then they can decide differently. Personal feeling is not to remove the DSA. There is policy that supports the preservation. Second preference would be a sensitive development.  A second motion was presented to recommend denial of the CPPA, this motion was seconded and approved. The HRAB felt they had insufficient information to support the request and that the Comprehensive Plan supports the preservation of battlefields. The property in the past was already determined to be important by the initial designation as DSA. It's core, it's important. Other comments: It's not the job to figure out what sensitive development is. The HRAB needs to focus on the historic element of the property. The HRAB was concerned about the text that would be forwarded to the Board of Supervisors since it would not come back before the HRAB. This site is very cutoff from the rest of the battlefield. Since he doesn't have the historic details, we can't make a decision. If we keep going like this, we keep chipping away at the battlefield. It is very difficult to tell from the maps, when it comes to battlefield unless you do archeology. It's the collection of what is left of the collection of properties. Unlike historic sites you can look at and determine the integrity, battlefields are a more fluid endeavor. It is the collective value of what is left. Who should the burden of proffer be on, the HRAB or the applicant? We have been requiring more information with recent applicants. This is a historic landscape, but the burden should fall on the HRAB/County. Meeting was adjourned at 8:00 p.m. Item # 4 Rezoning Application for the Blackburn Property The Historic Resources Advisory Board (HRAB) has been asked to provide a comment pertaining to a rezoning application for the Blackburn property. This site is identified by Property Identification Number 63-A-80I, in the Back Creek Magisterial District. The Blackburn property contains approximately 128.82 acres, and fronts Apple Valley Road and Route 37. The rezoning application seeks to rezone 92 acres of the subject property to the M1 (Light Industrial) District with proffers. The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service identifies these properties as core battlefield area for the First and Second Battle Kernstown with retained integrity. Per the applicant’s impact statement:  1st Kernstown – While there was troop movement across the submect property, the battle map shows the fighting occurred north of Middle Road and east of Apple Valley Road.  2nd Kernstown - While there was troop movement across the submect property, the battle map shows the fighting occurred north of Middle Road and east of Apple Valley Road. The applicant has proffered the following:  Continuation of the landscape screen along Apple Valley Road for the Kernstown Battlefield viewshed.  All loading docks shall be screened form adjacent properties (zoned Rural or Residential).  Only one entrance shall be located on Apple Valley Road. Staff is seeking comments from the HRAB on the historical elements possibly impacted by proposed rezoning application. The comments will be forwarded to the Planning Commission and the Board of Supervisors. Attachments: 1. Application, Proffer Statement, GDP, Aerial Maps and Impact Statement 2. Relevant sections from the 2030 Comprehensive Plan 3. Study of Civil War Sites in the Shenandoah Valley Maps and Text